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HomeMy WebLinkAboutAshford Greens Sub No 3 FP.x Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 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: r 29. 1 TRANSMITTAL DATE: September 8, 1998 HEARING DATE: October 6, 1998 -REQUEST: FINAL PLAT FOR ASHFORD GREENS SUB NO. 3 1 BY: BRIGHTON CORPORATION LOCATION OF PROPERTY OR PROJECT: Portion of W Y of the NW %, Sec. 3, T.3N., RAW. B.M. _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z BYRON SMITH P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES 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) IDAHO TRANSPORTATION DEPARTMENT } ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: 'HUB'OF TREA'SURE VALLEY A Good Place to Live ,� , _, LEGAL DEPARTMENT . 4 (208)884-4264 CITY"OF ERIDIAN ., 1' PUBLIC WORKS 4 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-22iI k MERIDIAN, IDAHO 83642 i eI Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT (208)884-5533 i1 E I 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: r 29. 1 TRANSMITTAL DATE: September 8, 1998 HEARING DATE: October 6, 1998 -REQUEST: FINAL PLAT FOR ASHFORD GREENS SUB NO. 3 1 BY: BRIGHTON CORPORATION LOCATION OF PROPERTY OR PROJECT: Portion of W Y of the NW %, Sec. 3, T.3N., RAW. B.M. _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z BYRON SMITH P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES 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) IDAHO TRANSPORTATION DEPARTMENT } ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: nrL'M L 3 1 n11 . w 4 t N O � of k 5.33 S.34 fE W. Us RAW., B.M.. Z M m > TJn-u J Imo, I -L4N.. S.4 T&3 ' L3N., RAW., S.M., •_ 144t 412 a N. y*Fa:R.Fes=CaqF•a*F♦K.y•i IS r L4 n ASH FORD GREENS >:yFis:�F,":tFFDFy_iR.•FIR� % o S 89Z3!W E 41 .3 � yyrai i•YLS..3� c . S Z.Z. : 9 nrL'M L 3 1 n11 . w 4 t N O � of r•G O k Z M m > TJn-u J Imo, I y*Fa:R.Fes=CaqF•a*F♦K.y•i Y•p�aF >:yFis:�F,":tFFDFy_iR.•FIR� � yyrai i•YLS..3� :9SS:t>t S Z.Z. : 9 �4 'PkY�!�!�MYIF4 �•� Y.�i Yt� A a ?Y'e%i$YII r•G O k Z M m > TJn-u J Imo, I ml 8 e 0 j O1 i • b !i " ZO i N 89'21'33' W ,. D O ti ogp IN Qq F1 1104.94' = OO Z Z � O RSA , p o r r Co M R R► o ? y Ip O FA m INif ~� D R6�a s "� v'� I f s a rn S2 z n z 1 En a� o z Z m o _J z R I FT" `c t7 z G) g d s + r s s ol4 I" 1�'W •yx + 1 s W az°°W 8 O �3" -a $ Q gym; AW Ar H8471.73.W C_4 `4 •� k oz W. TALAMORE BOULEVARD q� R � � $u �� �Sy •rbo• yr I I I S L# g �0 IE -0o k c 11" $n 10, $p Si �„ �• N � S.4 S.3 }3i > 4 i z �s �� 21 �'1 i August 17, 1998 Ms Shari Stiles E City of Meridian x 200 E. Carlton Meridian, ID 83642 f. RE: Ashford Greens Subdivision No. 3' Dear Shari, j S On behalf of our client Brighton Corporation, we hereby submit the final plat for Ashford Greens Subdivision No. 3. The final plat is in accordance with the conditions of approval granted with the preliminary plat approval and other provisions of the City of Meridian Subdivision Ordinance. 1 Existing sewer and water mains will be extended to serve this phase. Streets, curbs, gutters and sidewalks will be constructed to standards as required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be (5) feet in width. Enclosed please find the following items: a - Thirty (30) copies of the application . . - Proof of current ownership a - Street name approval from Ada County - Three (3) signed copies of signature sheet (owner & surveyor) - Three (3) copies of the final engineering construction drawings - Thirty (3 0) copies of final plat at a 1" = 300" scale - Thirty (30) folded blueline copies,of the final plat - Two (2) 8 1/2 x 11 copies of the final plat - 'One (1) copy of Covenants, Conditions & Restrictions , - Fee in the amount of $10.00 per lot (45 -lots = $3-50.00) .13 230 1 Please confirm the hearing date when this final plat will be heard by the Meridian City Council. Thank you for your time and consideration. Please do not hesitate to call if you have any questions. Sincerely, Don Woods Project Coordinator , r DonW/Subletter/Ashford/AshGrn3PLTA f: 9503`i477 i PIONEER TITLE AICA 6_. :r.:CiJfZOEf?{ A Pioneer Company PIONEER TITLE COMPANY a ealsE 1 `' �` # OF ADA COUNTY 821 West State Street /Boise, Idaho 8375836 /Telephone (2l & f r FEE _.._ - AECOftu f iHL- EQUEST OF- WARRANTY DEED OMIVMUAL) { FOR VALUE RECEIVED' JAMES W. FULLER AND IRIS J. FULLER, Husband and Wife, . k Grantors , do hereby grant, bargain, sell and convey unto BRIGHTON CORPORATION, an Idaho corporation the Grantee , whose current address is: 12301 W. EXPLORER DRIVE, SUITE 200, BOISE, ID 83704 the following described real property in ADA County, State of Idaho, more particulary described as follows, to -wit: SEE LEGAL DESCRIPTION EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. a 3 .. f<`..' � ,7w.,: � ;� ..., �'<. '! ; �.,k..'� � ' [ .»,.r -L .a ..� y,.l .. �. .yam „•, �. rip . > p 744, � 1 , . c _.. +V^ k.' Ir. wj L-.�i .. sy.tl ♦ �-*� �. ..... .. rte. u� .-.. ' t t •. �p'w d: .n tea.: N y PIONEER TITLE • APO. r" COHER " J. 0�.,.;. �f�.vt f:R0 A Pioneer Company PIONEER T= COMPANY BOISE I J OF ADA COUMY 821 West State Street f Boise, Idaho 83702-5836 j Telephone (2%��fPf ,l . FEE ; RECORDED ;,f lilE i ut,EST OF 3� WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED JAMES W. FULLER AND IRIS J. FULLER, Husband and Wife Grantors , do hereby grant, bargain, sell and convey unto BRIGHTON CORPORATION, an Idaho corporation the Grantee , whose current address is: 12301 W. EXPLORER DRIVE, SUITE 200, BOISE, ID 83704 the following described real property in ADA County, State of Idaho, more particulary described as follows, to -wit: SEE LEGAL DESCRIPTION EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , and Grantee heirs and assigns forever. And the said Grantor s do hereby covenant to and with the said Grantee , the Grantors are the owner s in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ; and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantors will warrant and defend the same from all lawful claims whatsoever. Dated: May 18, 1995 JAMES W. FULLER IRIS J. FULLCM- STATE OF1DAu0 , County of ADA On this--JLLday of ,, in the year of, before me i•.. •• , a notary public, per- sonally appeared���r known or identified to me to be.the persona—whose name it-- yrsubscribed to the within instrument, and acknowledgedexecuted the same. n i • rY 'I V I . Irl. Notary Publi Residing at: J11. a f -5 i My Commission Expires: �r L I I 1 EXHIBIT W A Fie Number: P138374 FULLER RELEASE PARCEL III A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 4 AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 3 AND 4, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, AS SAME AS DESCRIBED IN CP & F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO; FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREES 38'27" EAST, 2697.49 FEET; THENCE NORTH 0 DEGREES 38'27" EAST, 1768.69 FEET TOA POINT; THENCE SOUTH 89 DEGREES 23'04" EAST, 25.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF NORTH BLACK CAT ROAD AND THE REAL POINT OF BEGINNING, THENCE SOUTH 89 DEGREES 23'04" EAST, 389.37 FEET TO A POINT; THENCE SOUTH 13 DEGREES 15'08" WEST, 186.18 FEET TO A POINT; THENCE SOUTH 26 DEGREES 46'55" WEST, 463.73 FEET TO A POINT; THENCE NORTH 89 DEGREES 21'33' WEST, 104.94 FEET TO A POINT; THENCE SOUTH 0 DEGREES 38'27" WEST, 178.61 FEET TO A POINT; THENCE SOUTH 89 DEGREES 21'33" EAST, 39.72 FEET TO A POINT; THENCE SOUTH49 DEGREES 13'43' EAST, 619.18 FEET TO A POINT; THENCE SOUTH 14 DEGREES 26'20" EAST, 178.94 FEET TO A POINT; THENCE SOUTH 37 DEGREES 38'05" WEST, 125.90 FEET TO A POINT; THENCE NORTH 44 DEGREES 03'20" WEST, 29.70 FEET TO A POINT; THENCE 74.24 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 330.00 FEET, A CENTRAL ANGLE OF 12 DEGREES 53'23", AND A LONG CHORD BEARING NORTH 50 DEGREES 30'02" WEST, 74.08 FEET TO A POINT; THENCE 28.84 FEET ALONG THE ARC OF A CURVE TO -THE RIGHT, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 82 DEGREES 36'47", AND A LONG CHORD BEARING NORTH 15 DEGREES 38'20: WEST, 26.40 FEET TO A POINT; THENCE NORTH 64 DEGREES 19'57" WEST, 50.00 FEET TO A POINT; THENCE SOUTH 30 DEGREES 00'29" WEST, 3.03 FEET TO A POINT; THENCE 125.44 FEET ALONG THE ABC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 345.00 FEET, A CENTRAL ANGLE OF 20 DEGREES 49'59", AND A LONG CHORD BEARING NORTH 78 DEGREES 56'34" WEST, 124.75 FEET TO A POINT; THENCE "- NORTH 89 DEGREES 21'33" WEST, 147.74 FEET TO A POINT; THENCE. NORTH 44 DEGREES 21'33" WEST, 70.71 FEET TO A POINT; THENCE NORTH 89, DEGREES 21'33' WEST, 40.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF NORTH BLACK CAT ROAD; THENCE ALONG SAID RIGHT-OF-WAY NORTH 0 DEGREES 38'27" EAST, 1270.41 FEET'TO THE POINT OF BEGINNING. FULLER RELEASE PARCEL III W. ASHFORD BLVD. A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:, COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 3 AND 4, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, AS SAME AS DESCRIBED IN CP&F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREES 38'27" EAST, 2697.49 FEET; THENCE NORTH 0 DEGREES 38'27" EAST, 22.64 FEET TO A POINT; THENCE SOUTH 88 DEGREES 55'31" EAST, 1739.38 FEET TO THE REAL POINT OFaBEGINNING; THENCE CONTINUED i P138374 . • ` NORTH 50 DEGREES 38'25" WEST, 4.33 FEET TO A POINT; THENCE 267.38 FEET ALONG THE ARG OF A CURVE TO THE LEFT, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 25 DEGREES 31'57', AND A LONG CHORD BEARING NORTH 63 DEGREES 24'24" WEST, 265.17 FEET TO A POINT; THENCE NORTH 13 DEGREES 49'37" EAST, 100.00 FEET TO A POINT; THENCE 67.47 FEET ALONG THE ARC OF A t CURVE TO THE RIGHT, HAVING A RADIUS OF 700.00 FEET, A CENTRAL ANGLE OF 5 DEGREES 31'20", AND A LONG CHORD BEARING SOUTH 73 DEGREES 24'43' EAST, 67.44 FEET TO A POINT; THENCE SOUTH 19 DEGREES 20'57" WEST, 20.00 FEET TO A POINT; THENCE 237.49 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 680.00 FEET, A CENTRAL ANGLE OF 20 DEGREES 00'37", AND A LONG CHORD BEARING SOUTH 60 DEGREES 38'44" EAST, 236.28 FEET TO A POINT; THENCE SOUTH 50 DEGREES 38'25" EAST, 94.32 FEET TO A POINT; THENCE 11.06 FEET ALONG THE ARC OF A ' CURVE TO THE RIGHT, HAVING A RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF 2 DEGREES 32'16', AND A LONG CHORD BEARING SOUTH 49 DEGREES 22'17" EAST, 11.06 FEET TO A POINT; THENCE NORTH 88 DEGREES 55'31' WEST, 128.73 FEET TO THE POINT OF BEGINNING. + d END OF LEGAL DESCRIPTION ! � P 1 d 1 7 t R 1 r 1 a August 17, 1998 3 STATEMENT OF COMPLIANCE AND CONFORMANCE FOR ASHFORD GREENS SUBDIVISION NO.3 e The final plat of Ashford Greens Subdivision No. 3 has been prepared in substantial compliance with the approved PRELIMINARY PLAT OF ASHFORD GREENS SUBDIVISION and meets with the conditions and requirements of the preliminary approval; it conforms to the requirements of the City of Meridian Subdivision Ordinance and with accepted practices and standards of F engineering and surveying. The proposed use is in conformance with the City of Meridian Comprehensive Plan and the current land use zone. The development will comply with all relevant , City ordinances and requirements in connecting to City services. All appropriate easements have been provided. All street names will appear as approved by the Ada County Street Name Committee. All streets and related construction will be built to the standards of the Ada County Highway District and any relevant City ordinances. f e 3 DonW/SubLetter/Ashford/AshGrn3SCC.MER j i I t 1 f P ` � t i e .�, SUB4PVISION EVALUATION SIVET Proposed Development Name ASHFORD GREENS City Maddi n y Date Reviewed 12/05/ Preliminary Stage Final XXXX Engineer/Developer The Street name comments fisted 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 existina street names shall apoear on the plat as: ""N BLACK CAT ROAD" ' "W USTICK ROAD' 1 "N SILVERLEAF WAY' "W MOON LAKE DRIVE' a t The following proposed street names are approved and shall appear on the plat as: -'�"W TALAMORE BLVD' `j "W BIG STICK CT." "N. CALLAWAY PLACE' 3 "N GEDDES" PLa" f"N CROOKED CREEK-VMW is over ten letters in length and is approved subject to Ada -County Highway District acceptence in writting 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 design" in, order for the street names to be officially approved. iAw ADA COUNTY STREET NAME COMMITTEE, AG CY REPRESENTATIVES ORs DESIGNEES Ada County Engineer John Priester Date /Z - (Z. - Ada L - Ada Planning Assoc. City of Meridian Fire District Meridian F5 I Date 1 A • 12. - �} Date Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index 3N 1 W 3 Section 4 NUMBERING OF LOTS AND TRSJBS%SM C1TY.FRM 'l/1 .i 13 1 i e t REQUEST FOR SUBDIVISION APPROVAL FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for final plat approval must be in the City Clerk's 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. ` _ f GENERAL INFORMATION 1. Name of Annexation and Subdivision, Ashford Greens No. 3 2. 1 General Location, Portion of W1/2 of the NW1/4, Sec. 3, T.3N. , R.1W., BA. Ada County, Idaho 3. Owners of record, Brighton Corporation Address, 12426 W. Explorer, Ste_ . 220 Boise, IDTelephone 378-4000 83113 4. Applicant, Brighton Corporation Address, 12426 W. Explorer, Ste. 220, Boise, ID 83713 5. Engineer, Lonny R. Fox. P . F Firm Hubble Engineering, Inc Address, 9550 Bethel Ct., Boise, ID 83709, Telephone 1208)322-8992 6. Name and address to receive City billings: Name: Applicant Brighton Corporation Address: 12426 W. Explorer, Ste. 220, Boise, ID 83713 Telephone 378-4000 FINAL PLAT CHECKLIST: Subdivision Features 1. Acres: 9.86 2. Number of Lots: 23 3. Lots per Acre: 2.33 4. Density per Acre: 2.58 ± 5. Zoning Classification(s): R-4 k L 1 ation U N 6. Ifthe proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classification n/a 7. Does the plat border a potential green belt_ gol f course (yes) greenbelt. t. (no) 3 8. Have recreational easements been provided for no 9. Are there .proposed recreational amenities to the City no Explain r�.- 10. wAY Are there proposed dedications -of common 'areas -no- Explain I t For future parks � ''r' Explain _ a 11. What scliool(s5 ser"vicethe'area WMeri"i an Elemen'tar` ; Meridian Middle;-Eagl i H S Do you propose any agreements for future school- sites no I a Explain a R... 12'. t. Other proposed Iameriities to the City 'F none Water Supply -none -- - _ Fire Department none , Other none Explain I'.- -Type of building (residential, commercial, industrial, or combination) > .1. Res i d'enti�61 '~ 14. A } Type of dwelling(s), singleyfamily, duplexes; multiplexes, other Single family r 15. Proposed development features: a. Minimum square footage of lot(s) i J" b. Minimum square footage of structures) C. Are garages provided for yes square footage 400 sq -ft. d. Are other coverings provided for_ noTi , 11 e. Landscaping has been provided for yes .K Describe Common lots - cul-de-sac landscape islands i f. Trees will be provided for yes Trees will be maintained Homeowners AsIsoci Q• systems stems are provided for yes � g i i j h. Are there multiple units no Type i 1 ation U N Remarks i F E} i. Are there special setback requirements no o- Explain j. Has off street parking been provided for yP� Explain driveways k. Value range of property_$115 , 000 to $180 , 000 1. Type of financing for development + conventional M. Protective covenants were submitted LeS Date August 21, 1998 16. Does the proposal land lock other propertyno Does it create enclaves no STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructedtostandards as requiredby Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. r 2. Proposed use,is in conformance with the City of Meridian Comprehensive Plan.. j 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 t 4 is fprmiSIIbqpp.mer } , r 3 C 7 i 3 a 5 j { t ; e I I iI IL I 9"=300' t. q to HFO a u a q � r m a i 0 01 w PROPOSED ASHFORD GREEN N SUBDIVISION No.3 m u I Gt " m u i� WTALAMORE BLVD 1 1 7 s. f i i 1 f 1 k r n N _ z � ASHF RD f i • WTALAMOREBLVp ji + � G MASTER DECLARATION QF ASHFORD GREENS SUBDIVISION April 1, 1997 ARTICLE I. RECITALS Si703111.1 Ro I is '07 Pil P;�i `? 05 RECD:._ WHEREAS, the undersigned (hereafter "Grantor") is the owner of certain land in Ada County, Idaho, more particularly described as follows (hereafter "Property"): Lot 1, Block 1; Lot 1, Block 2; Lot 1, Block 3; Lot 1, Block 4; Lot 1, Block 5; Lot 1, Block 6; Lot 1, Block 7; Lot 1, Block 8; Lots 1- through and including 5, Block 9; Lots 1 through and including 3, Block 10; Lots 1 through and including 3, Block 11; Lots t through and including 4, Block 12; Lot 1, Block 13; Lots 1 through and including 25, Block 14; Lots 1 through and including 10, Block 15; Lot 1, Block 16; Lots 1 through , and Including 4, Block 17; Lot 1, Block 18; Lot 1, Block 19; and Lot 1, Block 20; ASHFORD GREENS SUBDIVISION, according to the official plat thereof filed In Book 73 of Plats at Pages 7567 and 7568, records of Ada County, Idaho. WHEREAS, the Grantor desires to subject the Property to the covenants, conditions, restrictions, easements, reservations, limitations and equitable servitudes herein set forth to (i) insure the enhancement and preservation of property values, Qi)'provide for the proper design, development, Improvement and use of the Property by the Grantor and all other persons or entities who may subsequently acquire an interest in the Property and (iii) create a residential development of high quality; WHEREAS, as additional land owned by the Grantor adjacent to the Property Is platted , and developed for uses similar to that of the Property, upon election by the Grantor, such shall become subject to the terms of this Master Declaration by annexing the same as provided herein; WHEREAS, because Ashford Greens Subdivision will be developed in several phases, each of which may have unique_ characteristics, needs and requirements, the Grantor may, from time -to -time, promulgate further conditions, covenants, restrictions and easements as "Supplemental Declarations" relating to particular tracts or parcels of real property within Ashford Greens Subdivision; WHEREAS, in order to achieve the objectives and desires of the Grantor, the Grantor will control the management and government of the Property and the non-profit association of Owners to be created until such time as the Owners take over the management functions through the Association upon substantial completion of the development process. 1 ARTICLE 11. DECLARATION The Grantor hereby declares that the Property and each lot, tract or parcel thereof (hereafter called "Lot," unless specified to the contrary), is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following covenants, conditions, restrictions, easement, reservations, limitations and equitable servitudes (hereafter collectively called "covenants and restrictions"), all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, Improvement and sale of the Property or any Lot therein, and to enhance the value, desirability and attractiveness thereof. The covenants and restrictions set forth herein shall run with the land and each estate therein and shall be binding upon all persons having or acquiring any, right, title or interest in the Property or any Lot therein; shall inure to the benefit of every Lot in the Property and any interest therein; and shall inure to the benefit of and be binding upon the Grantor and each Owner, and each successor in Interest of each, and may be enforced by the Grantor by and any Owner, or by the Owner's Association, as hereafter provided. r Notwithstanding the foregoing, no provision of this Master Declaration shall be construed or enforced to prevent or limit the Grantor's right to complete development of the • Property in accordance with the plan therefor as the same exists or may be modified from time to time by the Grantor nor prevent normal construction activities during the construction of Improvements upon any Lot in the Property. No development or construction activities shall be deemed to constitute a nuisance or violation of this Master Declaration by reason of noise, dust, presence of vehicles or construction machinery, erection of temporary structures, posting of signs or similar activities, provided that the same are actively, efficiently and expeditiously pursued to completion. In the event any dispute concerning the foregoing shall arise, a temporary waiver of the applicable provision(s) of this Master Declaration may be granted by the Architectural Control Committee provided that such waiver shall be for a reasonable period of time and shall not be violative of the ordinances of the City of Meridian and/or Ada County, Idaho, applicable to the Property. Any such waiver need not be recorded and shall not constitute an amendment of this Master Declaration. 4 In the event of a conflict between the provisions of this Master Declaration and the requirements of the ordinances of the City of Meridian and/or Ada County, Idaho, applicable to the Property, the more restrictive shall control. i ARTICLE III. DEFINITIONS I As used in this Master Declaration, unless the context otherwise specifies or requires, the following words -and phrases" shall be defined as follows: AM. The Architectural' Control Committee for the Property. { f, 9 ACC Rules/ACC Standards: Such rules or standards promulgated by the Grantor and/or the ACC as authorized ` by Section 5.28, below. �, t Annexation: The process by which additional tracts or parcels of land not initially a part of the Property are made subject to this Master Declaration. c MASTER DECLARATION -'11 • 0 t Ashford Greens Owners Association. Inc. The Idaho non-profit corporation organized by the Grantor and compromised of Members and existing for the purpose of providing self-government for the Property. Ashford Greens Subdivision: The whole of the Property and any additional land annexed thereto as provided ' herein (also sometimes referred to herein as "Property"). a I Assessment: A payment required of Association members, including Regular, Special or Limited Assessments i as provided in this Master Declaration. , Association: Ashford Greens Owners Association, Inc., an Idaho non-profit corporation. Board: The duly elected and qualified Board of Directors of the Association. Building: A structure constructed on a Lot on a temporary or permanent basis and unless specified to the contrary, shall include all other appurtenances and improvements thereto or used in connection therewith. 8y -Laws: The By -Laws of the Association, including any amendments thereto duly adopted. Common Area: All real property, or interest therein, located within or outside of the boundaries of the Property in which the Association owns an interest or controls or which the Association is obligated to maintain, and which Is owned, held, controlled or maintained for the betterment of the Owners and Occupants of the Property. Development The project to be undertaken by the Grantor resulting in the improvement of the Property, or any additional property annexed hereunder, including landscaping, amenities, construction of roadways, utility services and other Improvements. i Grantor: The undersigned owner of the land comprising the Property, including a successor of the undersigned Grantor, which successor succeeds to the ownership of all of the Grantor's interest in the whole of the Property. Improvements: AiI structures and appurtenances thereto of all kinds and types, including but not limited to, Buildings, roads, driveways, parking lots, sidewalks, walkways, walls, fences, screens, landscaping, poles, signs i and lighting. Improvements shall not Include those Items which are located totally on the Interior of a Building and cannot be readily observed when outside thereof. Initial Construction: The first construction of permanent Improvements on a Lot following the sale of that Lot by the Grantor to an Owner, and Intended for residential occupancy. Limited Assessment An Assessment levied by the Association upon one or more Lots, but not upon all Lots ' within the Property, for the purpose of securing payment by the Owner(s) thereof of amounts expended by the Association to correct a condition prohibited or to cure an Owner's breach hereunder. Lot: A portion of the Property which is a legally described tract or parcel of land within the Property or which Is designated as a Lot on any recorded subdivision plat relating to the Property. i Master Declaration: This Instrument as it may be amended from time to time. Master Plan: The overall master development plan prepared by the Grantor for the whole of the Property, as the same exists from time -to -time and which illustrates the proposed total development contemplated by the Grantor and the nature and location of each of the uses intended to be allowed within the Property. Provided, that no use shall be allowed within the Property unless the same is In accordance with applicable zoning ordinances. Member: Any person(s) who is an Owner of a Lot within the Property. Mortgage: Any mortgage or deed of trust or other hypothecation of land located In the Property to secure the performance of an obligation. Unless otherwise specifically provided, the reference to a "Mortgage" in this Master Declaration shall be limited to a "first Mortgage," Including a 'first Deed of Trust," on a Lot within the Property. Mortgagee: The holder of a Mortgage or the beneficiary under a Deed of Trust, Including an assignee(s) thereof, which Mortgage or Deed of Trust encumbers a Lot with the Property owned by an Owner. Unless otherwise , specifically provided, the reference to a "Mortgagee" in this Master Declaration shall be limited to a holder of a first Mortgage, including a beneficiary under a first Deed of Trust on a Lot. ' Occupa t Any person, association, corporation or other entity who or which Is an Owner, or has leased, rented, been licensed, or is otherwise legally entitled to occupy and use any Building or Improvement on a Lot whether or not such right is exercised, including their heirs, personal representatives, successors and assigns. Owner: A person or persons or other legal entity or entities, Including the Grantor, holding fee simple title to a Lot within the Property, including contract sellers, but excluding those having such interest merely as security ' for the performance of an obligation, but Including any Mortgagee (of any priority) or other security holder provided said Mortgagee or other, security holder is in actual possession of a Lot as a result of foreclosure or i otherwise, and any person taking title through such Mortgagee or other security holder by purchase at foreclosure t F sale or otherwise. fig A final subdivision plat covering any portion of the Property, as recorded In the office of We County Rscorder, Ada County, Idaho, as the same may be,..amended by duly recorded amendments thereto. Property: The whole of the Property described' in Article 1, above, and any additional land annexed thereto under pursuant to Article XII, below. Regular Assessment An assessment levied by the Association to provide funds to pay the ordinary estimated expenses of the Association. Special Assessment: An assessment levied by the Association other than a Regular or Limited Assessment. MASTER DECLARATION - 2 Sub -Association: An Idaho non-profit corporation or unincorporated Association organized by the Grantor or by any Owners) pursuant to a Supplemental Declaration recorded by the Grantor for any specific tract or parcel within Ashford Greens Subdivision. Unless specifically provided to the contrary, or the context requires otherwise, t a reference to "Association" shall Include "Sub -Association' i. Sub-Assoclation Board: The duly elected and qualified Board of Directors of a Sub -Association. Unless specifically provided to the contrary, or -the context requires otherwise, reference to "Board" shall include "Sub -Association Board." - Supplemental Declaratlon: The additional or different conditions, covenants, conditions, restrictions and easements relating to a particular tract or parcel of real property within Ashford Greens Subdivision promulgated by the Grantor and recorded in the official records of Ada County, Idaho. Unless specifically provided to the contrary, or unless the context otherwise requires, a reference to "Master Declaration" shall include "Supplemental ' Declaration.* ARTICLE IV. P RPO E The Property is hereby made subject to the covenants and restrictions contained in this Master Declaration, all of which shall be deemed to be Imposed upon and run with the land and each and every Lot and parcel thereof, and shall apply to each and every Owner and Occupant thereof and their respective successors in Interest, to Insure proper design, development, improvement, use and maintenance of the Property for the purpose of: (a) 'Insuring Owners and Occupants of Buildings of quality of design, development, improvement, use and maintenance as shall protect and enhance the investment and use of all Lots and Improvements. (b) The prevention of the erection within the Property of Improvements of improper design or construction y with improper or unsuitable materials or with Improper quality and method of construction. (c) Encouraging and Insuring the erection of quality and attractive Improvements appropriately located within the Property to assure visual quality and harmonious appearance and function. ► (d) Securing and maintaining proper set -backs from streets and open areas within the Property and , adequate free spaces between Improvements. j (9) The Integration of development of the different Lots by setting common general standards consistent i with the ACC Rules/ACC Standards existing from time to time. (f) Insuring attractive landscaping and the conservation of existing natural features with minimum adverse Impact on the ecosystem. E As used hereafter, "Project Objectives" shall mean the foregoing specified purposes. ARTICLE V. PERMITTED USES AND PERFORMANCE STANDARDS SECTION' 5.01. se. Unless as otherwise designated on the "Master Plan for the Property, or unless otherwise specified In a Supplemental Declaration 'covering a particular Lot(s) or paroei(s), Lots shall be used only for residential purposes and such uses as are customarily incidental thereto and Common Area. As used herein and elsewhere In this Master Declaration, "residential" shall mean the use of the Improvements, on a Lot for living accommodations by not more than two (2) unrelated persons, excluding guests of the principal occupant(s), which guests may reside therein on a temporary basis. Notwithstanding the provisions of §67- 6530 et. seq., Idaho Code, as used in this Master Declaration, "residential" Is not intended, nor shall the same be construed, to Include the use of Lot for the operation of a shelter home for persons unrelated to each other or unrelated to the Owner or Occupant. SECTION 5.02 Buildings. Except as otherwise designated on the Master Plan for the Property, or unless otherwise specified for a particular Lot, tract or parcel'In a Supplemental Declaration, no Lot shall be Improved except with one (1) dwelling unit. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2) Wand a maximum of four (4) standard size automobiles. No carports shall be allowed. The minimum square footage of living area within a dwelling unit located on a Lot shall as provided in the ACC Rules/ACC Standards. The square footage of living area shall be based on the finished Interior living space at or above the grade of the Lot, exclusive of basement, porches, patios and garage. SECTION 5.03. Approval of Use and Plans. No Improvements shall be built, constructed, erected, placed or materially altered within the Property unless and until the plans, specifications and site plan therefor have been reviewed in advance and approved by the ACC in accordance with the provisions of Article XI, below. ' SECTION 5.04. Prohibited Buildings/Uses. No trailer or other vehicle, tent, shack, garage, accessory building for out building shall be used as a temporary or permanent residence. No noxious or offensive activities shall be conducted on any Lot nor shall anything be done thereon which may be or become an unreasonable annoyance or nuisance to the Occupant(s) of the other Lots within the Property by reason of unsightliness or the excessive emission of fumes, odors, glare, vibration, gases, radiation, dust, liquid waste, smoke or noise. No split -entry Buildings or Buildings having more than two (2) stories shall be allowed. pp SECTION 5.05. -Backs. No building or other structure (exclusive of fences and similar structures approved by the ACC) shall be located on a Lot nearer to a Lot line than is permitted by the ordinances of the City of Meridian and/or Ada County,. Idaho, applicable to the Property; provided, however, the ACC shall have the right to stagger the front setbacks of the Lots in order to create a more pleasing appearance and to' minimize the negative visual appearance of a uniform building, line. SECTION 5.06. Antennae. No exterior radio antennae, television antennae or other antennae, including a satellite dish, shall be erected or maintained on a Lot without the prior approval in writing by the ACC. r' SECTION 5.07. Easements. There is hereby reserved for the use and, benefit of the Grantor and granted for the use and benefit of each Lot, and for the use and benefit of each Owner and Occupant, and for the use and benefit of the Association; ` I and their successors and assigns, for the purposes incident to such use, development and maintenance of the Property, the following , ie easements: I # f MASTER DECLARATION - 3 1. r AW _ (a) For the Installation and `maintenance of public utility facilities of all kinds, `including radio and television and transmission cables, the easements so designated on the recorded Plat(s) for any portion of the Property. (b) For ttie purpose of permitting the`Giantor or the Association, their contractore and'agents, to enter onto those portions of `Lots `contiguous to' any Common Area to maintain, replace and restore landscaping and other knprovements+within the Common Area. (c) Reciprocal Opurt(nant easements`of encroach fent, not`tc ekbeed'one foot`(,'), as between each Lot and such rdon s) of the Common- Area adjacent thereto, or "between adjacent Lots, due to the unintentional placement or settling or shifting of the Improvements ooristructed thereon, which easements bf'encroachment shall tie valid 'so long as they exist and the r rights and obligations of Owners shall not'be altered in any way by said encroachments; settling` or, shitting; provided, however, that in no event' shall a valid easement for encroachment occur due to the willful 'act or facts of an Owner. (d) Any additional easements, If any, as shown and designated on a recorded Plat(s) for any portion of the { '1 R. Property. TWeasement'areas (excluding any equipment or. appurtenances" owned by the Grantor, the Association or a utility, company located thereon) herein reserved shall be maintained by the Owner of the Lot upon which they are situated. I No Improvements shall -be placed' or -permitted, to remain on such easement areas located within any Lot which shall Interfere with the Intended use. or `purpose of such 1,easement(s), and no other activity shall be undertaken on any Lot which may Interfere with the use and access' ntended to be provided by., such easement or the installation or maintenance of the, utilities .'or other' facilities, , if any, located thereon or therein. SECTION 5.08. Lighting. If required by the ACC, each,Owner'shall install, and maintain'in a' operative condition such exterior lighting as shall -'be provided in'the'ACC Rules/ACC Standards. SECTION 5.09. lflgeW. The type, pitch, and roof`oovering materials) which' shall be' required on Buildings within the Property shall be si set forth, in the ACC' Rules/ACC Standards: No gravel roofs shall . be permitted.: - SECTION 5.10., Pn mals. No animals; livestock, birds, Insects or poultry of any kind sliall be raised; bred,'or kept on any Lot, except that 'not more, than two (2) domesticated dogs and/or cats, or other small household pets which !do not unreasonably- bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. A'Dogs and other_ similar pets shall be on a leash when not confined-to'k an Owner's Lot. Stamm 5.11. Uat{c Tanks/Cesspools. -No septic tanks and/or cesspools shall 'be ,allowed , within the; Propertyr' SECTION ^5.12 ` Grading `and Drainage. Lot grading shall be kept to a minimum and Buildings are to be located1dr preseniation,of'the existing grade(s) and any grade(s), berms or swales should be an Integral part of the grading design. {Subject to the requirements of any governmental entity having jurisdiction thereof, water may drain or flow into adjacent streets but shall not be allowed to drain or flow'upon; across or under adjoining Lots or Common Area; unless an'express written easement"for such purpose exists. The Owner of a Lot which drains upon, `across or under `an adjoining Lot(s) or Common Area shall be liable.'for any damage caused thereby and shall promptly take'all action and make all modifications necessary to correct such non -permitted drainage. SECTION 5.13., Commercial Use'Prohibited. Unless otherwise shown on the Master Plan for the, Property" avid specifically permitted in a Supplemental Declaration, no Lot stiall'be used at any timefor commercial or business activity, provided, however, that the Grantor or persons authorized by the Grantor may use a Lot(s) for development and sales activities relating to the Property, model homes or real-estate sales_. The rental by an Ow6er'of-a Lot and the Improvements, thereon for.residential purposes shall not be a use in violation of this Section. The use of a Lot for a shelter home, as the same is defined in §67-6530 et. seq., Idaho Code, whether or not operated for. profit, shall, for the purposes of this Master Declaration, be a commercial or business 'use: g L t r =. k . SECTION 5.14.' -Maintenance. The following provisions shall`` govern the inaintenanoe' -of `Lots and all Improvements thereon: (a) t". Each Owner -of a Lot' shall• maintain"all Improvements located thereon in good and sufficient repair"and { 1 shall keep the Improvements thereon painted or stained, lawns cut, shrubbery trimmed, windows glazed, r•' ` .. rubbish and debris -removed, weeds cut'and otherwise maintain the same in a neat and aesthetically ` pleasing condition. a (b)"- Each`- Owner of a`Lot"shall maintain the landscaping'•planted ? and installed by' the `Owner in the five foot's �x ' (5') landscape strip located between the street curb and, the' sidewalk adjacent to -the Owner's Lot, as I' required by` Section 5.25 of this Declaration, said landscaping to be maintained in a` condition c , comparable- to the condition of the landscaping on the °Owner'sLot. - (c) All damage to any Improvements shall be''repaired as promptly as is reasonably possible. Ir (d) A Building which is vacant for any reason shall be kept locked and the windows glazed in order to prevent entrance' by vandals. Vacant Buildings and unimproved Lots shall not < be exempt from - the provisions of this Master Declaration. 1 (e) - All structures, facilities; equipment;"objectsi'and conditions determined by the ACC, in its sole" discretion, e to ` be offensive, shall' be enclosed within an approved structure `or appropriately screened from- public [ (g) view. All trash, debris, garbage and ''refuse shall be kept at all times in a covered container and all such containers shall be kept on a Lot within an enclosed structure or screened from public view. -No articles, goods; machinery, materials or similar items shall be stored, kept or maintained on a Lot In the required set -back area along a public or -private right-of-way or otherwise kept in the open or exposed to public view. Any event or condition on a Lot `which, in `the `sole discretion of the ACC, creates an unsightly or blighting influence;• shall" be'corrected, removed or obstructed from public view, 'as 1the'°case may be, zby the' Owner of `the Lrt,• notwithstanding the fact that `such event'or condition may not'be specifically described `and/or prohibited Lin this Master 'Declaration.' 3 #e MASTER DECLARATION - 4 UARTFR—nFr.1 ARATIr1N--W u Ll (h) In the event that any Owner shall permit any Improvement, 'Including any landscaping, which is the responsibility of such Owner to maintain, to fall into 'disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, the Board, upon fifteen (15) days prior written notice to the Owner of such Lot, shall have the right to correct such condition, and to enter upon said Lot and Into any building or structure thereon, if necessary, for the purpose of correcting or repairing the same, and such Owner shall promptly reimburse the Association_ for the cost thereof. The Owner of the offending Lot shall be personally liable, and such Owner's Lot may be subject to a mechanic's lien for all costs and I expenses Incurred by the Association in taking such corrective action, plus all costs Incurred In collecting the amounts due. Each Owner shall pay all amounts due for such work within ten (10) days after receipt of written demand therefor, or the amounts may, at the option of the Board, be levied as a { Umited Assessment against said Lot and shall be enforceable In the same manner as set forth in Article V of this Master Declaration. SECTION 5.15. Mining and Drilling. No Lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, steam, oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth; provided that the Grantor or the Association may, by permit, grant, license or easement, allow the drilling for and the extraction of water for use on the Lot. i SECTION 5.16. Boats, Campers and Other Vehicles. Trailers, mobile homes, trucks larger than standard' pickups, boats, tractors, campers, garden or maintenance equipment and vehicles other than automobiles, when not In actual use, shall be kept at all times in an enclosed structure or screened from public view and at no time shall any of said vehicles or equipment be parked or stored on a public or private right-of-way within the Property. No operative vehicle shall be parked or stored for a period in excess of seventy-two (72) consecutive hours on any portion of a Lot between the front of a Building and the' abutting public right-of-way. No inoperative vehicle shall be parked or stored at any time on a Lot unless wholly within an 'enclosed structure. A minimum of two (2) off-street parking spaces for automobiles shall be provided on each Lot. The primary purpose of the garage required on each Lot Is for the parking `and storage of automobiles and other vehicles (hereafter "automobiles'). No other use of a garage which prohibits or limits the use of a garage for the parking or storage of the number of automobiles for which It is designed shall be permitted. The Owner shall provide sufficient garage space or other enclosed parking approved by the ACC for all automobiles used by the Occupants of a Lot, which automobiles shall be kept within the garage, and the parking thereof in the driveway on the Lot or in a public right-of-way within the Subdivision, other than for temporary purposes (as determined by the ACC), is prohibited. ? SECTION 5.17. Garage Doors. Garage doors shall be closed except when open for a temporary purpose. SECTION 5.18. Exterior Materlals'and Colors. All exterior materials and colors shall be selected and used which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the and that all such Buildings will present a unified and coordinated appearance. All exterior finishes and/or colors shall be approved by the ACC and shall be in accordance with the ACC Pules/ACC-Standards. SECTION 5.19. Vehicles. The use of all vehicles, including but not limited to- automobiles, trucks, bicycles ,and motorcycles, shall be subject to ACC Rules/ACC Standards, which may prohibit or limit the use thereof within the Property, provide parking regulations and other rules regulating the same. r SECTION 5.20. mor Energy Devices. No energy production device including, but not limited to, generators of any kind and solar energy devices, shall be constructed or maintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by the ACC. . r SECTION 5.21. Mailboxes. No free-standing mailbox shall be constructed or installed on any Lot without the prior written- approval of the plans therefor by the ACC. SECTION 5.22. Ins. No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonably sized vacancy sign or "For Sale" sign thereon. Signs advertising the name of the builder and the name of the institution providing financing therefor may be displayed on a Lot during construction of the Improvements. Ughted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give directions to traffic or pedestrians or give special instructions. Any'directional or identification sign within the Property shall be permitted, provided the same is approved by the ACC prior to installation. Notwithstanding the foregoing, the ACC shall have the right to adopt ACC Rules/ACC Standards with respect to signs allowed within Ashford Greens Subdivision, which ACC Rules/ACC Standards, if adopted, shall regulate signs within Ashford Greens Subdivision and shall control over the specific provisions of this Section. SECTION 5.23. Subdividing. No Lot may be further subdivided, nor may any easement or other interest therein less than the whole be conveyed by the Owner thereof without the prior written consent of the ACC; provided, however, that nothing herein shall be deemed to prevent an Owner from transferring or selling any Lot to more than one person to be held by them as tenants in common, joint tenants, tenants by the entirety, or as community property, or require the approval of the ACC therefor". In addition, the conveyance of an Insignificant portion(s) of a Lot to the Owner of the Lot which abuts said conveyed 'portion for the purpose of correcting a common boundary or other similar purpose, shall not be deemed to be a subdividing of a Lot within the prohibition contained herein. + ! SECTION 5.24. Fences. No fence or wall of any kind shall be constructed on a Lot unless the plans and specifications therefor, Including the location, design, material and color thereof, have been approved in writing by the ACC prior to the construction or Installation. The type, design, material and finish of all privacy fences shall be as specified In the ACC Rules/ACC Standards, it being the intent of the Grantor that all such privacy fencing shall present, to the extentreasonably practicable, a uniform appearance throughout the Property. All fences and/or walls constructed on a Lot shall be in compliance with the ordinances of the City of Meridian and/or Ada County, Idaho, applicable to'the Property. In addition to the requirements of the ACC Rules/ACC Standards applicable to fences, fencing, all fences and walls shall be subject to the following restrictions: I (a) No fence or wall shall be permitted to be constructed or Installed on the Common Area or any portion of a berm constructed by the Grantor within the Property; provided, that if the Grantor constructs or Installs a fence in a Common Area or on a berm, the ACC may allow fences on the adjacent Lot(s) to be attached thereto so long as such attachment does not (I) impede the maintenance, repair or replacement of the Common Area or berm, (III alter the visual theme established by the fence constructed or Installed by the Grantor, and (iii) does not project above the top of the fence constructed or installed by the Grantor. (b) Fences and walls shall not extend closer to any street than twenty feet (20') nor project beyond the setback of the principal Building on the Lot. No fence higher than six feet (6') shall be allowed without 1 MASTER DECLARATION - 5 the prior approval of the City of Meridian and/or Ada County, Idaho, applicable to the Property (if required) and the ACC. (c) All fences and walls shall be constructed and installed and maintained in good appearance and condition at the expense of the Owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. I (d) No fence or wall shall Interfere with the use and enjoyment of any easement reserved in this Master + Declaration or `shown on the recorded Plat(s) of the Property. 1 (e) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed which would unreasonably interfere with the use and enjoyment of neighboring Lots and streets, and shall not be allowed if the same constitute an undesirable, noxious or nuisance effect upon neighboring Lots. SECTION 5.25. Landscaoing. The following provisions shall govern the landscaping of Lots within the Property: (a) The Owner shall prepare a landscape plan and shall submit the same to the ACC as provided in Article A, below. The ACC shall approve said landscape plan prior to the Installation and/or construction of landscaping on a Lot. The use of berms and sculptures planting areas is encouraged. Landscaping of a Lot shall be in accordance with the approved plan. I (b) Each Owner shall be required to landscape the five foot (5') landscape strip located between the street curb and the sidewalk adjacent to the Owner's Lot, which landscaping shall be Included in the landscape plan to be submitted to and approved by the ACC. Notwithstanding the foregoing, the ACC i shall have the right, if deemed necessary by the ACC to assure uniformity in and/or compatibility of the landscaping within said five foot (5') landscape strip within the Property, to adopt ACC Rules/ACC Standards which shall specify the nature, type, extent and design of the landscaping therein, and, if so adopted, the ACC Rules/ACC Standards shall be binding upon the Owners. (c) All required landscaping on a Lot shall be Installed within sixty (60) days after substantial completion of the Building on the Lot, with a reasonable extension allowed for weather. I (d) The ACC Rules/ACC Standards shall set forth the Initial minimum landscaping required on each Lot. i SECTION 5.26. Irrigation Water. Each Owner, by the acceptance of a deed to a Lot within the Property, acknowledges that the Grantor has no obligation to deliver irrigation water to the individual Lots within the -Property. Provided, that if the Grantor constructs or installs any facilities for the delivery of irrigation water .to the individual Lots, the maintenance, repair and replacement of such facilities' shall be the responsibility of the Association, with the cost therefor to be Included within the Regular Assessments described in Section 8.02, below. SECTION 5.27. Adootion'of ACC Rules/ACC Standards.- The Grantor, or in the event of the Grantor's failure to do so, the ACC, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of Improvements within the Propertyi deemed necessary or desirable by the Grantor, or the ACC, as the case may be, to carry out the purposes of this Master Declaration. All ACC Rules/ACC Standards shall be consistent with the provisions of this Master Declaration. ' SECTION 5.26. Exemption of Grantor. Nothing herein contained shall limit the right of the Grantor to subdivide or re -subdivide any Lot or portion of the Propertyor to grant licenses, reservations, rights-of-way or easements with respect , to the Common Area to utility companies, public agencies or others; or to complete excavation, grading and Development to or on any Lot or other portion of the Property owned or controlled by the Grantor, or to alter the foregoing and its Development plans and designs, or construct additional Improvements as the Grantor deems advisable in the course of Development of the Property. This Master Declaration shall not limit the right of the Grantor at any time prior to acquisition of title to a Lot by an Owner "to establish on that Lot additional licenses, restrictions, reservations, rights-of-way and easements to itself, to utility companies and to others, as may from time to time be reasonably necessary. The Grantor need not seek or obtain ACC approval of any Improvements constructed or placed within the Property by the Grantor in connection with the Development of the Property, but this exemption shall not apply to a Building(s) constructed by the Grantor on a Lot owned�by the Grantor. The Grantor shall be entitled 'to the non-exclusive use, without charge, of any Common Area within the Property in connection with the marketing of the Lots therein. In addition, the Grantor shall have the right, in connection with the marketing of the Lots, to install, place, display and exhibit such signs, banners and other similar items on the Common Areas on and the Lot(s) owned by the Grantor for such a period of time as is reasonably deemed by the Grantor to be necessary. ARTICLE VI. a l ASHFORD GREENS OWNERS ASSOCIATION, INC. SECTION 6.01. Oroanization of Association. Ashford Greens Owners Association, Inc. shall be organized by the Grantor as an Idaho non-profit corporation and shall be charged with the duties and vested with the powers prescribed by law and set forth in its Articles of Incorporation, its By -Laws and this Master Declaration. Neither said Articles nor said By -Laws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Master Declaration. SECTION 6.02 Sub-Association(s). Until completion of the Development, the Grantor shall have the sole and absolute right to create one or more Sub -Associations for purposes not inconsistent with this Master Declaration including, but not limited to, the following which shall be provided for In a Supplemental Declaration: i (a) Acquire and Improve any Lot,tract, tract, parcel or portion of Ashford Greens Subdivision. (b) Promulgate rules and regulations governing Common Area owned -by or under the control of the Sub -Association. (c) Determine the services, in addition to those furnished by the Association, which are to be furnished to 1 or for the benefit of the Members of the Sub -Association. (d) Assess and certify to the Association for collection the Regular, Special and Limited Assessments required to most the estimated cash needs of the Sub -Association. II The Articles of Incorporation, By -Laws, rules, regulations and the Supplemental Declaration relating to a Sub-Associatioi shall; . not be inconsistent with the terms and provisions of this Master Declaration and any inconsistency shall be governed by this Master,' MASTER DECLARATION - 6 �l Declaration.' Unless earlier• consented to in writing by tfie `Grantor, after completion of *Development'of Ashford Greens- Subdivision, Sub -Associations may be formed by any Owner'or group of "Owners with'the approval" of the Board and by satisfying all necessary, legal requirements including,°but not limited to, the, Oreparation,-execution and-recoiding of'a'Suppldimental Declaration. Except as provided to the `contrary in, this Master Declaration o`r unless'specifically provided to the contrary In the Supplemental Declaration relating` to 'a Sub -Association, -the provisions of . this Article shall be applicable to and shall regulate each Sub -Association. SECTION 6.08.` {-Relationshlu Between Association and Sub -Associations. it is the purpose and intent of the provisions of this Master Declaration that the Association shall be charged with 'and responsible for the management of ail . activities in' Ashford Greens Subdivision including, in addition to all other duties and responsibilities -set forth herein, the following: . , I (a) The approval of all rules and regulations of each Sub -Association and providing of assistance to a Sub-Assoclation . in' the enforcement thereof; and ' ' a (b) The levy and collection of Assessments of each Sub -Association which have been certified by the Sub -Association Board 'to the Association. Nothing herein contained shall restrict or prohibit a Sub -Association from owning, in Its own name, Common Area or other property related thereto, the , use of which, shall be restricted , to Members -of that Sub=Association. However, It is the Intent of this Master Declaration that any such Common Area owned by a Sub -Association, the use and maintenance thereof and the activities of the Sub -Association, shall be consistent with and In, furtherance of the .Project Objectives, and the terms and provisions of this Master Declaration to assure that the whole of Ashford Greens' Subdivision`is' developed and approved as a quality residential community. I SECTION 6.04. Members., ` Each Owner (including the Grantor) of a'Lot, by virtue of being "such an Owner Land for so long' as such. ow'"nzhip is maintained shall be a Member of the Association and no Owner shall- have more than one membership in the` Association, but shall have such voting -rights as hereafter set forth' A membership in the Association shall not be assignable, except to the suc oessor-in-interest of the Owner and a membership In the Association shall be appurtenant to and Inseparable . from the Lotowned by, such Owner. 'A membership In the : Association shall not be transferred, pledged or alienated In any way except upon the transfer of title to'said Lot and then only`to the transferee'of "title to. said Lot. Any attempt to make a prohibited transfer of a membership shall be void and shall not' be reflected on the, books of: the Association.. r j SECTION 6.05: Votina. "The Assoolation (and each.Sub-Association)~shall have two.;(2) classes of voting membership: CLASS A" Class`A Members shall"be'all Owners of Lots within the Property, with the exception of the Grantor, and shall be entitled to one (1) vote for each Lot owned. CLASS B Class B' Members shall be the' Grantor, -and its successor(s) in title to a Lot(s), which' Lots(s) . is held by such successor'in an: unimproved condition (i:e., without a residential dwelling thereon) for. -resale to a builder or other person for the purpose of constructing thereon a residential dwelling, and to, which. successor -the Grantor has specifically granted such Class B voting. rights in writing; provided, that if such 'voting rights aye not so granted, such successor shall be 'entitled to . the voting rights of a. Class . A , Member with respect to each Lot owned. Upon`the first sale of `a Lot to 'an Owner;, the Grantor shall thereupon be entitled to three (3) votes, for each Lot owned'by the Grantor. The Class B membership shall cease and be converted to Class A membership when (i) the total votes outstanding in the Class A membership exceeds the total votes outstanding in the Class j B_ membership, or (U) January 1, 2009, iahichever shall first occur.. SECTION 6.06. Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, In accordance, with the Articles and By -Laws, as the. same may be amended from time to time. r I SECTION -6.07. Powers `of Association. The 3Association shall 'have all, powers of a non-profit- corporation organized under the laws of the State of Idaho subject only to such'I limitations "as are expressly set forth In. the Articles, the By -Laws' or this Master Declaration. It shall have the power to do any and all lawful things which may be authorized, <required or permitted to be done under the Articles, W -Laws or' this' Master Declaration, and to do and perform any and all acts which may be necessary or proper for, or Incident' to, the proper management and operation of the Common` Area and the performance of the duties of the Association and other "responsibilities set forth in this Master Declaration, including, but, not limited rto, the'. following: (a) Assessments. The power to determine the amount of and to levy Regular, Special and Limited Assessments" on , the' Owners and/of , Lots and ► to , enforce payment thereof In . accordance with the provisions of this Master Declaration. ' (b) Rlght of Enforcement. ` The power and authority from time.to time in Its -own name; on its own behalf, or on behalf of any Owner(s) who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Articles, By -Laws, Master Declaration or ACC Rules/ACC Standards, and to enforoe by mandatory injunction ocotherwise, all provisions thereof. (c) Delegation of Powers. The authority to delegate its power and duties to committees, officers, employees, or to any person, firm or oorporation`to act as`manager, and to pay'to such manager such compensation as shall be reasonable. . a I - (d) Uability ° of Board Members and Officers. Neither any member ` of the 'Board nor ,any officers of the Association shall be personally liable. o any Owner, or to any `other party, for any damage, loss or prejudice suffered or claimed on account of any act or omission of the Association, the Board, its officer, a manager or any other representative' or employee of the Association,' or the ACC, provided that said Board "Member,'offioer, 'Manager'or other person � has; upon the basis of such Information as was available, acted in' good faith without willful or intentional misconduct. .. (e) Association' 'Rules.'"The`power 'to adopt, 'amend, `and' repeal such rules "and regulations as the Association deems reasoriable. Such rules shall govern the use by Owners and Occupants or any other person of Common Area and other property owned or controlled by the Association; provided, however, Association rules shall 'not discriminate among 'Owners 'and • shall: not be inconsistent with the Articles, By -Laws or; this Master Declaration: A'oopy of`Association rules as they may from time to time be adopted, amended or repealed, shall -be' mailed -or otherwise delivered to each Owner and : Occupant. Upon such mailings said Association rules shall have the same force' and, effect as if they were set forth ° In and were part`of this Master Dedaration: in the event of any conflict between 'an'Association rule or"any provision , of ' the Articles, By -Laws • or this- Master Declaration, ttie' conflicting' provisions of the Association rules shall be deemed superseded to the extent of any such Inconsistency. E MASTER DECLARATION - 7 1 4 1 F s F coverage is not available or has. been waived in writing by FNMA, GNMA or FHLMC, as ` applicable. (e) Administration Fees Costs. Pay to, the Grantor, solong °as . the i Grantor manages . the Association, 1 all actual 1 out-of-pocket -costs -paid, or incurred by the. Grantor in the management and administration of,- t 1< - - the,'affairs of the Association, plus an administrative fee'squal to six' percent r (6.0%) of the total income ' received by the Association, which administrative fee shall be compensation to the Grantor for the , services provided to the Association. '(f) Identlfl atlon ' Slane: "Maintain,' repair and replace all permanent entry nand special- Identification signs for the Property, whether the sarins be located 'within or without the 'boundaries of the Property. = r' Rulo Ukkl ` Make, establish' prdifiuWito, amend and re' ` al `Association rules: ' k (h)' Aicfiltectural' Con iol Committee` Appoint and remove member`s of the Architectural Control Committee, p e •'' - ' all, subject to the provisions of this `Master Declaration. t� (i)'" Enforcement of -Restrictions and `Rules. - Perform such other acts, whether or not' expressly autFioiized by this Master Declaration, as may be reasonably necessary to enforce any of the provisions of this Master Dedaration:and the Associationurules. r I - ,.. i I , r e SECTION 0.09. Budgets and Financial Statements. Financial statements for the Association shall be regularly prepared and oopies'distributed to each Member as follows: (a) A proforma operating `statement (budget)'for each fiscal 'year shall�be distributed' hof less tK n thirty j (30) days after the beginning of each fiscal year. r + 1 (b) Within ninety (90) days after the dose of each fiscal year, the Association, or Its agent, shall cause to W prepared and delivered to each Owner, a balaribe'sheet 'as of the last day of the Association's fiscal year and • an annual' operating statement reflecting, the income' and, expenditures of the Association for that fiscal year. ` ARTICLE 'VII. ASSOCIATION PROPERTIES SECTION 7.04. i,j_sq. Each " Owner 6f a Lot,' his family, iioensees, invitees, lessees and contract purchasers -who reside on 'the Lot, shall be entfded to use the Association properties and the properties of any Sub -Association of which the Owner is a Member, subject to the following: (a) Aideloij Etc'. The provisions of'the Articles and By -Laws of 'the' Association and any' Suti=Association ` applicable to the Lot, this Master Declaration and applicable Supplemental Declaration and the rules, j regulations and standards promulgated thereunder. � Each Owne"r,' in' `using the Association or Sut'r-Aesoc"iation propeitie's; shall comply with the same. R (b) Susuenslon of R16hti. The right -of the Aasociatidin'or Sub -Association to suspend'tFie- rights'to use properties owned by it (except roads and other, means of aoc'ess -by an Owner) for any period during which any Assessment against that Owner's Lot remains unpaid; and for any infraction or published rules and regulations` of. thei Association of Sub-Assorsation. (c) Dedications. The right of'ths Association or Sub=Assoolatlon to dedicate or transfer all or any part of 1 properties oAed'by It'to anyJpdblic agency, authority or utAity for -such purposes and subject`to•'such j conditions as maybe agreed by the 'Board, so long as said transfer does not' diminish' the` security of j the Mortgagees on any Lot'or Corririnon Area In 'Ashford Greens Subdivision. i id) Mortgage or Convevanc6 of Common Area. Except as provided irirsubso6bn (c), above, no'poitior of the Common Area shall be mortgaged or oohGsyed' 6y the Association' without `the prior approval of at least two-thirds (23rds) of the Class A'Members, which 'approval' may' be obtained' in `writing or`by I a = vote of the Class A ° Members at a wresting called for such purpose and, - with "respect to such j meeting, the provisions corioeming notice and ' quorum in Section`° 8.11, below, shall apply. SECTIONii, 7.bZ a e . - An Owner shall tie liable for any damages to fF a Common Area which maybe sustained li0iason'of the negligence, reckless or intentional misconduct of said Owner or of his family,, licensees, invitees, lessees or contract purchasers, both minor and adult. In the case of joint °owner`ship of a Lot, tlie' liabllity of such Owners shall be joint and several. The oust of correcting such damage shall be as a Limited Assessment against that Owner's Lot and may be collected as provided In Article IX, below. SECTION, 1.03. Damage and Destructlon.` 'In the case of damage by fire or other casualty to property owned by the Association ,or any Sub -Association, Insurance proceeds to compensate for damage and destruction shall be paid to the Association or the Sub -Association, as the case may be, and the reciplent thereof shall thereafter determine what repair or reconstruction shall be undertaken. SECTION 7.04. Condemnation.' it at any time any part of a Common Area or other property owned by the Association or any Sub -Association be taken or condemned by'°any public entity 'or sold or otherwise disposed of in lieu thereof, all compensation, damages or other proceeds shall be paid to ihe:Association `or the Sub -Association, whichever entity owns said property. The recipient of said payment shall then use all•or a portion of'the funds'to-pay obligations secured` by any lien on the property taken and thereafter may determine to use the funds to (I) improve other properties of the • Association or Sub -Association; 01) acquire and/or improve additional properties for the Association or Sub -Association; or (iii) use such proceeds a to reduce future assessments. [ ARTICLE Vlll. ' ASSESSMENTS' i SECTION_ 0.01. Covenant to Pay Assessments'. ,, Each Owner hereby, and by acceptance of a deed to-& Lot, `covenants and agrees to pay when due all Regular, Special Wand Umited Assessments or charges made by the Association or a Sub -Association of which the Owner is a Member. j MASTER DECLARATION - 9 r 11 A11 such Assessments, 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 Lot against which each such Assessment is made, and shall be also the personal obligation of the Owner of such Lot at the time when the Assessment become due anct payable. The personal obligation for delinquent Assessments shall not pass to an Owner's successors in title unless expressly assumed by them. No Owner may waive or otherwise avoid liability for any Assessment by non-use of the Common Area or by abandonment of his Lot. I: SECTION 8.02 Regular Assessments. Regular Assessments shall be made by the Association in such amounts and at times and intervals deemed appropriate by the Board. The Regular Assessments shall be based upon advance estimates of cash requirements as determined by the Board for the maintenance and operation of the Common Area and all easement areas, if any, owned or controlled by the Association and for the performance by the Association of its other duties and responsibilities. Such estimates may include, but shall not be limited to, expenses of management, taxes and special assessments of local governmental units, premiums for all insurance which the Association is required or permitted to maintain hereunder, landscaping and care of grounds, lighting, water charges, trash collection, sewerage charges, repair and maintenance, legal and accounting fees, and any deficit remaining from previous periods and the creation of a reserve, surplus and/or sinking fund(s). ' The initial annual Regular Assessment shall be the amount of $180.00 per Lot, until changed by the Board. j SECTION 8.03. Special Assessments. In addition to, Regular Assessments, the Association may levy at any time a, Special Assessment payable over such period as the Board may deem appropriate for the following purposes: (a) To defray, in whole or in part, the cost of any construction or reconstruction of Improvements on a Common Area, unexpected repair or replacement of a Common Area or any facility located thereon or an easement area controlled by the Association, the furnishing of a special service or services (othei than those appropriate for a Limited Assessment), or for any other expenses incurred or to be incurred as provided in this Master Declaration. (b) To cure a deficit in the common and ordinary expenses of the Association for which Regular Assessments for a given calendar or fiscal year are or will be Inadequate to pay, as determined by the Board. At the dosing of the sale of each Lot by the Grantor, a special assessment of $150.00 shall be collected 'from the purchaser of the Lot as payment for the set-up costs and the maintenance of the Common Area and landscape easements to be maintained by the Association. i SECTION 8.04. Umtted Assessments. in addition to Regular and Special- Assessments, Owners shall pay Limited Assessments as follows: i I (a) Maintenance and Repair. The Association' shall have the power to incur expenses for maintenance and repair of any Lot or any Improvements on a Lot, if such maintenance and repair is necessary, in the opinion of the Board, to protect the Common Area or any other portion of the Property, and if the Owner of said Lot has failed or refused to perform said maintenance or repair within a reasonable time after written notice of the necessity thereof has been delivered by the Board to said Owner. The Board shall levy a Limited Assessment against the Owner of the Lot owned by said Owner to pay for the cost of such maintenance and repair, and any other cost or expense, including attorneys' fees, arising out' of or incident to such maintenance and repair and the Assessment therefor. I (b) Correction of Vlofations. In addition to maintenance and repair. the Board, upon certification from that ACC of the failure or refusal of an Owner to correct a violation of this Master Declaration or the ACC `Rules/ACC Standards, shall have the power to correct any such violation on a Lot or any Improvement' on a Lot, and Incur costs necessary in connection therewith. The cost of such corrective action„ together with Interest, related expenses and attorneys' fees shall be assessed and collected as set forth , In Article VIII and Article IX of this Master Declaration. (c) Umtted Purpose. The Association shall have the power to levy a Limited Assessment against Owners and Lots for any limited special purpose which the Board believes necessary with respect to certain Lots but not an appropriate expense for payment by the Association. Such Limited Assessment shall not be made until the Owners of said Lots subject thereto have been given an opportunity, after notice, �. to participate in a hearing with respect to said Limited Assessment. SECTION 8.05. Sub -Association Assessments. Any Sub -Association of Ashford Greens Subdivision is hereby empowered to assess and certify for levy and collection by the Association, Regular, Special and Limited Assessments on the Lots and Owners thereof who are Members of the Sub -Association. The certification for levy by a Sub -Association and the collection thereof by the Association shall be as follows: i (a) The Sub -Association Board, shall, following its By -Laws; rules and regulations, most and approve a r Regular, Special or Limited Assessment. (b) A written certification 'signed by the President and Secretary of the_ Sub -Association that a Regular, Special or Limited Assessment has been approved by the Sub -Association Board shall be submitted to the Board. The certification shall contain the following: (1) a description of the type of Assessment to be levied and collected; pi) the name and address of the Owner and the legal description of each b Lot to be assessed; (iii) the amount to be levied and collected from each Owner; and (iv) the term of said levy and the due dates for the payment thereof by the Owners affected. The due dates may be a adjusted by the Board to conform the same to the due dates of the Assessments of the Association for the purpose of achieving efficiency and economy in preparing and mailing statements and notices and collection. (c) Upon compliance with the foregoing, the Board shall levy the Assessment so certified in accordance with I + the germs of the certification in the same manner as levies for Assessments of the Association. Any ' levy made by the Association on behalf of a Sub -Association pursuant to a proper certification shall have the same force and effect as a levy made by the Association. l (d) The Association, upon receipt of funds paid pursuant to a levy certified by a Sub -Association, shall ' deposit such funds as received in the separate account of the Sub -Association, as designated by the Sub -Association. i MASTER DECLARATION - 10 „, 4 SECTION 8.06.' Commencement of Regular Assessments. Regular Assessments of the Association against"each Lot shall commence the date of the dosing of the first sale of a Lot to an ' Owner. Provided, however, that any Lot owned by ,the Grantor shall be assessed a Regular 'Assessment not exceeding ten percent (10%) of the amount assessed against Lots owned; by other Owners. N the Grantor pays all or any portion of the expenses of the Association In excess of the amount assessed to' Lots owned by the Grantor, such excess amounts so paid shall constitute either (i) a prepayment of Assessments (Regular and Special) to become due and payable, on the Lots owned by the Grantor within the Property, or (ii) a loan by the Grantor to the Association, which loan, without Interest, shall be repaid by the Association to the Grantor from the funds of the Association which are Iavailable to make such repayment. Nothing herein contained shall obligate the Grantor to pay any Assessment with respect to a Lot within a separately platted phase or subdivision within the Property in which the Grantor owns all of the Lots. SECTION 8.07. Uniform Rate of Assessment Except as expressly provided to the contrary in this Master Declaration, Regular and Special Assessments of the Association shall be fixed at a uniform rate for all Lots. SECTION 8.06. Assessment Due Date. The due dates for Regular, Special and Limited Assessments shall be the first day of the first month of each calendar quarter, unless some other due date is established by the Board. Each Installment of an Assessment shall be delinquent if not paid within fifteen (15) days after the due date thereof. Nothing herein contained shall prohibit the Board from requiring that Special or Limited Assessments be paid in a lump sum Instead of installments. " j' SECTION 8.09. Interest and Penalties. Any Regular, Special or Limited Assessment levied by the Association on Lots, If not paid when due, shall bear interest at an annual rate as shall be set by the Board from time to time, or if none is so set, at an annual rate of twelve percent (12%). Such Interest shall commence on the date the Assessment becomes due and payable. In addition to the interest charge -the Board may, in accordance with rules and regulations promulgated by it, Impose additional fines or charges for the failure of an Owner to timely pay any Assessment when due. The right of the Board to charge Interest or impose additional fines or charges shall be in addition to, and not in lieu of, any other right of enforcement or sanction available to the Board in the event of non-payment of an Assessment. SECTION 8.10. Estoppel Certificate. The Association, upon not less than 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 Owner is in default under the provisions of this Master Declaration and further stating the dates to which Assessments have been paid by said Owner, it being intended that any such certificate delivered pursuant to this Section may be relied upon by any prospective purchaser or Mortgagee of said Lot, but reliance on such certificate may not extend to any default as to which the signer shall have had no actual knowledge. The Association shall have the right to charge a reasonable fee for the certification `herein provided. SECTION 8.11. Notice and Quorum Regulrements. Notwithstanding anything to the contrary contained In either the Articles or the By -Laws of the Association, written notice of any meeting called for the purpose of levying a Special Assessment described in Section 8.03, above, or a Limited Assessment described in Section 8.04, above, shall be sent to each Owner whose Lot is subject to the levy of such Special or Limited Assessment not less than ten (10) nor more than fifty (50) days in advance of the meeting. The presence of Owners or of proxies entitled to cast sixty percent (60%) of the total votes of each class of Members of the Association subject to the levy of such Special or Limited Assessment shall constitute a quorum. N the required quorum is not present, the meeting may be rescheduled by the Board for a date not later than sixty (60) days after the date of Initial meeting and at the rescheduled meeting the presence of Owners or of proxies entitled to cast ten percent (10%) of the total votes of each class of Members shall constitute a quorum. No written notice of the rescheduled meeting shall be required. Notwithstanding the foregoing, in a case Involving the levying of a Limited Assessment on a Lot, as provided in Section 8.04, above, there shall be no requirement of a quorum at a meeting rescheduled because of a lack of the required quorum at the initial meeting, and the Board may approve and levy such Limited Assessment even though the Owner of the Lot subject thereto is not present in person or by proxy. ARTICLE DL ENFORCEMENT OF ASSESSMENT SECTION 9.01. Right to Enforce. The right to collect and enforce payment of the Assessments made by the Association (including the Assessments made and certified by a Sub -Association) is vested in the Association. Each Owner of a Lot hereby agrees to the enforcement of the payment of all Assessments in the manner herein provided. In the event an attorney is employed for the collection of an Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of any of the terms and conditions of this Master Declaration, the Owner against whom such enforcement is sought shall pay reasonable attorneys' fees in connection therewith. 1 SECTION 9.02 Creation of Assessment Liens. There is hereby created a continuing claim of lien with power of sale on each and every Lot to secure payment of any and all Assessments levied against any and all Lots within the Property; pursuant to this Master Declaration, together with Interest thereon and all costs of collection which may be paid or Incurred by the Association in connection therewith, Including reasonable attorneys' fees. Said lien shall be prior and superior to all other liens or claims created subsequent to the recordation of this Master Declaration except only for: p) valid tax and special assessment liens on Lots in favor of any governmental unit assessing authority; pi) a lien for all sums unpaid and secured by a first Mortgage or first Deed of Trust, duly recorded in Ada County, Idaho, including all unpaid obligatory advances to be made pursuant thereto; and (iii) labor or materialman's liens, N the same are prior and superior by reason of applicable law. All other lien holders acquiring liens on any Lot after recordation of this Master Declaration shall be deemed to consent that such lions shall be inferior liens to the lien for Assessments levied by the Association, whether or not such consent be specifically set forth in the instruments creating such other liens. SECTION 9.03. Notice of Assessment N an Owner fails to pay an Assessment within thirty.,(30) days of its due -date, the Association shall prepare a written Notice of Assessment setting forth the type -of Assessment, the amount of the Assessment, the due date thereof, including the amount and due date of installments Of the same are permitted), the amount remaining unpaid at the time of filing, the name of the record Owner of the Lot and a legal description of the Lot. Such Notice shall be signed by the President and Secretary of the Association, acknowledged by a Notary Public and recorded in the office of the Ada County Recorder. At such time as a delinquent Assessment which is described in the Notice is paid, the Association shall prepare and record a Notice of Satisfaction with respect thereto. SECTION 9.04. Enforcement. Upon the failure of an Owner to pay an Assessment in accordance with its terms, the' lien for Assessment herein created may be enforced by sale by the Association, such sale to be conducted in the manner provided by law in Idaho for the exercise of the power of sale In Deeds of Trust or in any other manner permitted by law elected by the Board. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, Including all reasonable attorneys' fees. All such costs and expenses shall be secured by the lien being foreclosed. The Owner shall also be required to pay to the Association any Assessments against the Lot which shall become due during the period of foreclosure. The Association shall have the right and power to bid at the foreclosure sale or other legal sale and to acquire and thereafter hold, convey, lease, rent, encumber, use and otherwise deal with and in said Lot as the Owner thereof. MASTER DECLARATION 11 I b i �i SECTION 9.05. Notice Required. Notwithstanding anything to the contrary contained in this Master Declaration, no_ actionmay be brought to foreclose the lien for any Assessment, whether by power of sale or otherwise, until the expiration ofthirty (30) days after written Notice of Default has been deposited in the United States mail, certified or registered mail, postage prepaid, return receipt requested, addressed to the Owner of the Lot described In such Notice at the last known address of the Owner as shown on the books and records of the Association. Said Notice shall specify the amount and due date of the unpaid Assessment(s) and the legal description of the Lot. 1 SECTION 9.06. Reporting. The Association shall provide a Mortgagee with a copy of a Notice of Default served on an Owner under Section 9.05, above. The duty to give such Notice shall arise only after said Mortgagee furnishes to the Association written notice of a Mortgage (or Deed of Trust) which shall contain the following: (a) The name and address of said Mortgagee; (b) A legal description of the Lot subject to the lien of the Mortgage by Lot, Block and Subdivision; (c) The name and address of the Owner; r. (d) The date the lien of the Mortgage was filed of record in Ada County, Idaho, and the Instrument number thereof; I (e) The maturity date of the obligation secured by said Mortgage lien; f M A copy of a °title insurance report evidencing that the Mortgagee is the holder of a first Mortgage or, the beneficiary of a first Deed of Trust; (g) The signature of the Mortgagee or authorized agent. In the event the Association shall be required to notify a Mortgagee as herein provided,"the Association shall assese'the Owner who is delinquent the sum of $25.00 as a reasonable charge for such notification and such charge shall be a cost of collection secured by the Assessment lien described In Section 9.02, above. The charge for such notification shall be subject to change by the Board. 1 SECTION 9.07. Term of Assessment Unless sooner satisfied and released or the enforcement thereof Initiated as provided in this Article, the lien for any Assessment levied under this Master Declaration or any applicable Supplemental Declaration shall expire and be of no further force or effect after a period of five (5) years from the later of (i) the date of said Assessment, or (1i) the date the last installment thereof Is due and payaole. Provided that the expiration of the lien as provided herein shall not release an Owner from the personal obligation to pay any Assessment. I SECTION 9.0& Non -Exclusive Remedv. The remedies set forth In this Article or elsewhere in this Master Declaration shall not be deemed to be an exclusive remedy and the Association may pursue all other remedies available at law or in equity. ARTICLE X. 1 SUB -ASSOCIATIONS ' SECTION 10.01. Creation. The Grantor shall have the right to create Sub -Associations as Idaho non-profit corporations. Each such Sub -Association shall have all power, rights, obligations, responsibilities and duties and be subject to all of the same limitations and restrictions as are specified in this Master Declaration with respect to the Association, except for such differences, requirements or limitations as are expressly set out in this Master Declaration and/or the applicable Supplemental Declaration and such changes as the Grantor may deem appropriate as a result of the different and specific Common Areas being owned, maintained and managed by such Sub -Associations, which changes shall be set forth in a Supplemental Declaration. SECTION 10.02 Voll g.' Each Sub -Association shall have the two (2) classes of voting membership and the voting rights shall be as specified for the Association in Section 6.05, above. I SECTION 10.03. Powers and Duties. Each Sub -Association shall be managed by a Board of Directors and officers in the same manner as specified in Section 6.06, above, for the Association and shall have the same powers and duties with respect to its Members and the Common Areas owned, managed or maintained by it, Including any easement areas controlled by it, said powers and duties to include the levying of Assessments and certification thereof to the Association for collection, adopting rules and regulations, granting easements, licenses and rights-of-way, payment of expenses, taxes, assessments, utility charges, insurance premiums and .the preparation and distribution of budgets and financial statements as are provided in Article VI, above. SECTION 10.04. Members. The Members of each Sub -Association shall be the Owners of Lots in the portion or phase of Ashford Greens Subdivision described in the Supplemental Declaration relating thereto. Memberships may only be transferred In the same manner as specified in Section 6.04, above. ARTICLE )0. HITECTURAL CONTROL COMMITTEE SECTION 11.01. Members of the Committee. The Architectural Control Committee shall'be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shall hold office until he has resigned or.. has been removed, but in any event, until said Member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. , SECTION 11.02 Appointment. So long as the Grantor owns any Lot or parcel within or adjacent to the Property, the Grantor shall have the sole right to appoint and remove all members of the ACC. Thereafter, all members of the ACC, shall be appointed or removed by the Board. r The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (1) of its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shall constitute an act of the ACC. 1 SECTION 11.0& Compensation. The members of the ACC shall not receive any compensation for services rendered, but shall be reimbursed for actual expenses Incurred by -them In the performance of their duties hereunder, Nothing herein shall, prohibit or restrict the ACC from contracting with a member of the ACC who is professionally qualified as an architect, !engineer or designer for the review of the plans and specifications described in Section 11.07, below. MASTER DECLARATION - 12 SECTION 11.04. Non -Liability. Neither the ACC, or any member thereof, or the Grantor or any partner, officer, employee, agent, successor or assign thereof, shall be liable to the Association, any Owner or any other person for any floss, damage or injury arising out of or connected with the performance by the ACC of Its duties and responsibilities by reason lof a mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve an application. Every person who submits an application to the ACC for approval of plans and specifications agrees, by submission of such an application, and every Owner, or Occupant of any Lot agrees, by acquiring title thereto or an interest 'therein, not, to bring any action or suit against the Association, the ACC, or any member thereof, or the Grantor or any officer, partner, lemployee, agent, successor or assign thereof to recover such damages. SECTION 11.05. Approval Reaulred. No construction, alteration, modification, removal or destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated or be permitted to continue or exist within the Property without the prior express written approval of the ACC. SECTION 11.06. Variances. The ACC may authorize variances from compliance with the requirements of any,00nditions and restrictions contained in this Master Declaration, the ACC Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or environmental considerations or hardship. may so require.. Such variances must be evidenced In a writing signed by at least two (2) members of the ACC. ff a variance is granted as provided herein, no violation of this Master Declaration, ACC Rules/ACC Standards or prior approval shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Master beclaration or the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. The granting of -a variance by the ACC pursuant to this Section shall not relieve the Owner from the obligation to fully comply with the ordinances of the City of Meridian and/or Ada County, Idaho, applicable to the Property. I SECTION 11.07. Application. To request ACC approval for the construction, alteration, modification, removal or demolition of any Improvements within the Property, the Owner shall submit a written application in a form required by the ACC which must be signed by the Owner and contain all information requested and be accompanied by all other material to be submitted as hereafter provided. E All applications must contain, or have submitted therewith, the following material (collectively called "plans and specifications") prepared in accordance with acceptable architectural standards and submitted with the application form, if any, approved by the ACC: (a) Site Plan. A site plan showing the location of the Buildings) and all other structures and Improvements Including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent Information relating to the Improvements. (b) Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawing's of the north, south, east and west sides, and detailed exterior specifications which shall indicate, by sample if required by the ACC, all, exterior colors, materials and finishes, including roof, to be used. f F (c) Landscape Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. The ACC may, in Its discretion, require the Owner to furnish additional specifications, drawings, material samples or such other information as the ACC, in its` sole discretion reasonably exercised, shall deem necessary or convenient for the purpose of assisting the ACC in reviewing and processing the application. SECTION 11.06. Completion Security Deposit. At the time of the submission of the application under Section 11.07, above, the Owner shall deposit with the ACC, as a completion security deposit (hereafter "Completion Deposit"), the amount of $1,000.00, or such other amount as shall be determined by the ACC. The Completion Deposit shall be held by the ACC as security for the timely completion by the Owner of the Improvements on the Lot as approved by the ACC, Including, but not limited to the landscaping as provided in Section 5.25, above, and upon such timely completion shall be returned to the Owner without interest. If the Owner fails to timely complete such improvements, the ACC shall have the right to deduct from such Completion Deposit the amount of any penalties, off -sets and costs as set forth in this Master Declaration or the ACC Rules/ACC Standards, including any costs which may be paid or incurred by the 'Association or a third party to complete such improvements. i SECTION 11.09. Decision. In reviewing the application and the materials submitted therewith and in reaching `a decision thereon, the ACC shall use its best efforts and judgment to assure that all Improvements shall produce and contribute to ,an orderly and aesthetically complementary design and appearance and be of the quality required to maintain the Property as a quality residential development. Unless extended by mutual consent of the Owner and the ACC, the ACC shall render its decision with respect to an application within forty-five (45) days after the receipt of a properly submitted application. The decision of the ACC canbe in the form of an approval, a conditional approval or denial. The decision of the ACC shall be in writing, signed by a member of the ACC, dated, and a copy thereof mailed to the Owner at the address shown on the application. { A conditional approval shall set forth with particularity the conditions upon which the application is'approved and the Owner shall be required to affix a copy of said conditions to the working drawings or blueprints which are to be kept on the job site during the entire course of the work to which said plans relate. A denial of an application shall state with particularity the reasons for such denial. SECTION 11.10. 'Inspection and Complaints. The ACC is empowered to inspect all work.in progress on any Lot at''! any time. Such inspection shall be for the purpose of determining whether the Owner is proceeding in accordance with the approved application or is deviating therefrom or is violating this Master Declaration or the ACC Rules/ACC Standards or the approved plans and specifications. The ACC is empowered' to receive from other Owners ("Complainant") complaints in writing Involving deviations from approved applications or violations of this Master Declaration or any applicable ACC Rules/ACC Standards. In the event the;�ACC r 1 receives such a complaint from a Complainant, it shall first determine the validity of such complaint by inspection or otherwise. y �z MASTER DECLARATION - 13 i Should the ACC determine that there has been a deviation or a violation, it shall promptly Issue a notice in writing thereof to the Owner and to the Complainant, which notice shall specify the particulars of the deviation or violation and shall demand `that the Owner conform to either or both of the following directives: I (a) The Owner shall immediately cease the activity which constitutes a deviation or violation. (b) The Owner shall adhere to the corrective measures set forth in the written notice. ° Should the ACC determine there has been no deviation or violation, it shall promptly Issue a notice of such determination to the Owner and the Complainant. r SECTION 11.11. Hoadna An Owner submitting an application under Section 11.07, above, or served with ' a written notice of deviation or violation, or a Complainant shall have the right to request and be heard at a hearing held by the ACC for the purpose of presenting facts and information to the ACC. Such hearing must be requested by such party within ten ;(10) days from the date the written notice of the decision of the ACC is mailed to the Owner (and Complainant) as evidenced by the records of the ACC. The hearing shall be held within ten (10) days following receipt by the ACC of the request for a hearing, unless the ACC shall extend said period of time because of the unavailability of ACC members. A hearing may be continued by,the ACC for the purpose of further investigation or to receive additional evidence. Upon completion of the hearing, the ACC shall issue a written opinion to the involved parties within ten (10) business days thereafter which opinion shall set forth the findings of the ACC with respect to the matters at Issue and shall affirm, modify or rescind its previous decision as contained in the original written notice. If the ACC incurs any costs or expenses in connection with the Investigation, processing or hearing on a matter involving a deviation or violation, including the costs of retaining a consultant(s) to advise the ACC and legal fees, such costs shall be paid by the Complainant unless an Owner is found to be in violation, in which event such Owner shall pay all such costs. The payment of such costs shall be enforceable as provided in Section 11.13, below. I SECTION 11.12 Appeal. Either an Owner or a Complainant shall have the right to appeal , to the Board a decision of the ACC on an application with respect to the conditions Imposed thereon or a denial thereof, or a decision of the ACC adverse to the Owner or the Complainant reached following a hearing held pursuant to Section 11.11, above, provided, however, that neither an Owner nor a Complainant shall be entitled to such an appeal with respect to deviations or violations unless said Owner or Complainant has participated In the ACC hearing. l A notice of appeal shall be in writing and shall be delivered by mail to the Secretary of the Board within ten (10) days from the date of the decision by the ACC. Said notice of appeal shall be dated and shall contain the name of the Owner and the Complainant, H any, and a copy of the written decision or determination of the ACC. The failure of an Owner or Complainant 'to appeal a decision of the ACC in the manner and within the time herein provided shall terminate all rights of said Owner or Complainant to appeal said decision and H shall be binding and enforceable. r The Board shall fix a date for the hearing of such an appeal which date shall be no later than ten (10) days from the date of receipt of a notice of appeal unless extended by the Board because of the unavailability of Board members. The Owner and Complainant, H any, shall be advised of the time and place of the hearing by a mailed written notice. Written notice of time and "place for hearing shall also be served by mail upon each member of the ACC. t The Board may require the Owner or Complainant to provide additional Information to facilitate the Board's decision and the failure of such party to comply promptly with such a request shall entitle the Board to deny the appeal, in which event the decision by the ACC shall be considered final and not subject to further appeal. At the hearing the Owner, Complainant, H any, and the ACC, together with their representatives and other witnesses, shall present their position to the Board. The order of presentation and the evidence to be admitted shall be solely within the discretion of the Board provided, however, that the Owner, the Complainant, if any, and the ACC shall have the opportunity to question and cross-examine witnesses presented by the other. The Owner, the Complainant, if any, and the ACC will have the opportunity to present final argument consistent with rules adopted by the Board for such hearing process. Any party may be represented by an attorney at any hearing by the ACC or the Board. Upon receiving all of the evidence, oral and documentary, and following the conclusion of the hearing, the Board shall retire to deliberate and shall reconvene at a time and place determined by the Board, at which time the Board shall cast its official ballot and the decision shall be duly recorded in the minutes of the meeting. The Owner, the Complainant, if any, and the ACC members shall be given written notice of the decision which shall be deemed given when deposited in the United States mail, postage prepaid and properly addressed. F H the Board incurs any costs or expenses In connection with the Investigation, processing or hearing on an appeal, Including the costs of retaining a consultant(s) to advise the Board and legal fees, such costs shall be paid by the party(s) filing the appeal unless the decision by the Board constitutes a substantial reversal of the decision of the ACC, in which event such costs shall be paid by the Association. H the parry filing the appeal is obligated to pay such costs, payment of the same shall be enforceable as provided in Section 11.13, below. I A decision of the Board of an appeal shall be final and shall not be subject to reconsiderationor further appeal. v SECTION 11.13. Enforcement The ACC, upon approval � by the Board, shall be authorized on behalf and in the name of the Association to commence such legal or equitable proceedings as are determined by it to be necessary or proper to correct or enjoin any activity or condition existing within the Property, the continuation of which violates the provisions of this Master Declaration, the ACC Rules/ACC Standards or the approved plans and specifications. The ACC shall not commence such legal or equitable proceedings until a written notice of the deviation or violation' has been appropriately prepared and given to the Owner but thereafter the ACC shall have the sole discretion to commence such proceedings. i The authority of the ACC as herein provided shall include the power to retain legal counsel and expert witnesses, pay filing fees, deposition costs, witness fees and all other ordinary and necessary expenses incurred in commencing and carrying 'out said legal or equitable proceedings, all of which costs shall be paid by the Association. I ter(, 1 I . In the event the ACC and/or Association shall prevail in any such legal or, equitable proceedings, all costs and expenses incurred In connection therewith Including, but not limited to, attorneys' fees shall be reimbursed to the Association by the Owner against whom said proceedings are filed and upon the failure of said Owner to reimburse the Association within five (5) days after written demand therefor is mailed to the Owner, the Association shall have the right to levy a Limited Assessment against the Owner and the Lot owned by the Owner which Assessment shall be equal to said costs and expenses Incurred plus any additional costs i and expenses incurred in levying the Assessment. Said Limited Assessment shall be due and payable at such time orl in such Installments as may be determined by the Board, in Its sole discretion. The failure of the Owner to pay said assessments, orany ( ,' .installment thereof when due, shall be enforceable in the manner provided in Article K above. 1 a { a r: MASTER DECLARATION - 14 .. „. -. .:.. .._..... .... ...:.< .. - :. ... - . ., _ fro... p SECTION.11.14. Additional Damaces.. M, addition to the costs and expenses to be reimbursed by the Owner or the Complainant, all other costs, expenses and damages determined by the Board to be proximately caused by' the deviation or violation or the costs and expenses incurred by the Association to correct the same shall be assessed as a Limited Assessment against the Owner and the Lot owned by said Owner, or the Complainant and.the Lot owned, by the Complainant, as the case maybe, which' Limited Assessment ,shall be: due and payable €at such time or. in. such ,installments 'as determined by the oBoerd; in its 'sole s discretion. The right of the Board to enforce said Limited Assessment,shall be the same a` provided in Article IX, above. T .. SECTION 11.15. , NlowExclusive Remedy. The right :of the . Association, to levy , a, Limited Assessment as described in I Sections 11.12 and. 11.13, above, shall not be deemed to- be an- exclusive remedy of the- Association and it may, in its 'sole k discretion, without waiver" of any other legal or equitable remedy, pursue enforcement of the lien of said Limited Assessment(s), i! proceed to collect any amount due directly from the Owner, and/or pursue any other remedies available_ at law or in e� uity. , SECTION 11.1& Private Rights. The Association shall not have the right to mediate or litigate private disputes between h Owners where there Is a legal or equitable remedy available to resolve said dispute when, in the sole discretion of the Board, the interests of the Association or-a.substantial number of the Owners would not be benefitted thereby'' I ARTICLE X11. �,. ANNEXATION-, SECTION 12.01. a Annexation. ='Additional property may be annexed to Ashford Greens Subdivision and brought within the provisions of , this Master Declaration by the Grantor, at any, time, without the approval of, any Owner orthe Association roa vided, that such annexation is first approved by the U.S.'Deparimentyof Housing and Urban. Development ("HUD"),.if such approval by HUD Is required as a condition for FHA/VA financing. To annex, additional property to Ashford, Greens -Subdivision, the Grantor shall ' record'an amendment to,this Master ;Deaarati6n,ifhich-.shall specify the "annexation. of the additional, property rogAshford Greens Subdivision and which may supplement this Master Declaration with' addition or different covenants and 'restrictions applicable to the annexed property, as the Grantor may deem appropriate, and may delete or modify as to such annexed property such loovenants as are contained herein, which the Grantor .deems not appropriate for the annexed property, so long as the additional different, t deleted or., modified covenants or "restrictions are not prohibited by 'the 'regulations and ', requirements of 'HUD ,for 'residential 4 °, subdivisions sof the nature and type' as, Ashford ' Greens. Subdivision. , Upon `such annexation, the Owners of ;the .Lots 'Within -the , annexed property `shall become members of the Association with all "rights, privileges and obligations` as all other members. `The i amendrrient of this Master Declaration as authorized by this Section, to annex additional property to Ashford Greens Subdivision, { shall be controlled, by, the provisions of this Section. and shall -be expressly excluded from the requirements of Section 14102,of. this Master Dedaration:r M a .. t SECTION 12.02. Do -Annexation. The Grantor shall have the right to delete all or a portion of ,the Property fro the i coverage of this Maste(Declaration and the jurisdiction of the Association, so long as the,Grantor iii, the Owner of 'all. of the property f to. be de` -annexed "and, provided ,further, that an appropriate amendment to this Master Declaration is recorded in" the office , of the Acta County. Recorder. r , • r ,.. ARTICLE )(IIL 6 . xk PROTECTION OF MORTGAGEES ` r y, do ' ,, Tt. Y ,. °t„4 -% 9 6, -. r.— - a �,,. *-. �.ey °"!�' " �' .f'f"F. i SECTIONJ&01. _Purpose.. '`Notwithstanding -any andall provisioris•of this Master Declaration, to the contrary, to induce the Federal 'Home _Loan Mortgage Corporation j"FHLMC"), fife Government National Mortgage Association ("GNMA"); the Fddoral National Mortgage` Association. ("FNMA"), the ` Federal '. Housing 'Administration ("FHA") and the`Veterans Administration; particlpate in the finandnp of "the- purchase of Lots within the Property; `the 'provisions '04'this Article are' added thereto. 'Td the extent the .following Sectionsofthis Article conflict with, any of this Master Declaration or the provisions of any i Supplemental Dedaratiori, this`Artide shall-o6ntrol. `` ` - `., SECTION 1&02. Restrictions on Amendments. No',amendment of this Master Declaration shall operate, to defeat or render .invalid' tfie" rights of e ; Mo pr a ee or beneficiary under an first Mort a e' or' first Deed of Trust u `on 'a Loi made ` in' •pod 9 rt9 9 ry Y 9 9 P 9 faith and for value and recorded for to the recordation of such amendment provided that after foreclosure of an such Mortgage or Deed of Trust such , Lot shall remain subject to this Master Declaration, as amended. i 11_ i SECTION 13.03.. Mortaaaee Defined. For the purposes of this Article only, a', "Mortgagee" shall refer only tt{o FHLMC; { GNMA�, FNMA, FHA and ,VA, as described in Section 13.01; above: J' -'t r:$ e° y ri s L-1 r t; ` SECTION .13.04., ° Right to • Notice. t Each ,Mortgagee,. upon filing a written request fors, notification with the Board in ' accordance` with Section 9.06, above, shall be given written notice by the Association of any default by the Owner of the` Lot r encumbered -by the Mortgage held by said •Mortgagee in the performance of such Owner's obligations :under this. Master, beclaration and. under any -Supplemental ,Declaration"applicable';to'-the Lot, t4 Aiticies'or the ,By -Laws- of Ahe. Association ,(hereafter collectively referred 'to, as 'Project Documents"), `whicli default is not cured within thirty (30) days after the 'Association'has notice of such default. i SECTION 13.05. Exemption From Prior Assessments. Each. Mortgagee which comes into possession of a Lot by virtue of foreclosure` -or otherwise shall take title to such Lot free_ from any claims for unpaid Assessments and charges against 'the' Lot which ixietprior to the, time such Mortgagee comes into possession, except for 'ciaims for a 'share of such assessments or charges { resulting from a reaiiocation ,hereof • to 'all Lots, Including, the mortgaged, Lot {. r s �' s 1 `. +.„ � -. ,�='-.6 SECTION `13.06. Chances Reouiring Unanimous Approval. Wthout the prior unanimous approval of all Mortgagees of Lots wlth(n'the Property, `neither the Association nor the Owners shall: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area t I which is owned, directly or Indirectly, by the Association, provided, however, that the granting of { easements for public utilities or for other -public- purposes consistent with the Intended use of the Common Area,by by the Association shall not be , deemed,,a transfer ..within the meaning of this 4Section' rt. F 44 _. (b)Change the ratio of Assessments or, method of determining gthe obligations, Assessments, dues or other, €t *charges which may be levied+ against any Owner or the method of sall6cating.distr6utions of hazard k� i insurance proceedsor condemnation 'awards. SECTION 13.07. Restrictions on Other Chances. Wthoutthe prior written approval of at least seventy-Je percent (75%) of the Mortgagees holding Mortgages on Lots within the Property, neither the Association nor the Owners shall: (a) By -"act or omission change, waive; or abandon, any scheme of regulationsyFor enforcement thereof, pertaining to the architectural design, of the .exterior appearance of `improvements on ,Lots within the 1 ' { F MASTER DECLARATION - 15 Property, the exterior maintenance of said Improvements, or the maintenance and upkeep of landscaping within the Property. t (b) Fall to maintain fire and extended coverage insurance on insurable Improvements within the Common Area on a current replacement cost basis in an amount not less than one hundred percent (100%) of. the Insurable value (based on current replacement cost); I' (c) Use hazard insurance proceeds for losses occurring within the Common Area for any purpose other than the repair, replacement or reconstruction thereof. (d) Abandon or terminate the covenants, conditions, restrictions and easements of this Master Declaration or any Supplemental Declaration. (e) Make any material amendment to this Master Declaration or any Supplemental Declaration or to the Articles or By -Laws of the Association or any Sub -Association. SECTION 13.08. Riaht to Inspect Books. Etc. Mortgagees, upon written request, shall have the right to (I) examine the books and records of the Association during normal business hours; pi) require from the Association the submission of audited annual financing reports and other financial data; (iii) receive written notice of all meetings of Owners; and (iv) designate In writing a representative 'to attend all such meetings. SECTION 13.09. Notification of Damage. Upon the Board receiving notice of any damage to the Common Area or any Lot wherein the cost of repair, replacement or reconstruction exceeds Ten Thousand Dollars ($10,000.00) or notice of any condemnation or eminent domain proceedings or other similar involuntary acquisition of any portion of the Property, the Board shall give to each Mortgagee which has filed with the Board a written request for notice, prompt written notice of said damage or condemnation. SECTION 13.10. Right to Pay Charges. Mortgagees may pay taxes or other charges which are in default and which may' or have . become a charge against any Common Area and may pay any overdue premiums on hazard insurance' policies covering said Common Area and said Mortgagees making such payments shall be entitled to immediate reimbursement therefor from the Association. SECTION 1&11.- Fldality Bond Reauired. The Board shall secure and caused to be maintained in force at all times a fidelity bond for any person or entity handling funds of the Association. SECTION 13.12. Lessee's Obligations. Any agreement for the leasing or rental of a Lot, Including a month-to-month rental agreement, shall provide that the terms of such agreement shall be subject to the provisions of the Project Documents. All such agreements shall be in writing and shall provide that any failure by the lessee to comply with the terms of the' Project Documents shall be a default under the leasing or rental . agreement. SECTION 13.13. j_labllil y for Taxes. All taxes levied and assessed on the Common Area must be assessable against those Common Area only and the Association and/or any Sub -Association shall be solely responsible,for the payment thereof. i SECTION 13.14. Waiver of Liability and Subrogation. Any provision in this Master Declaration which requires Owneis to indemnify the Association, a Sub -Association, the Board or the Sub -Association Board, or other Owners against acts of the Indemnitor is subject to the exception that if the liability, damage or injury is covered by any type of insurance and proceeds are actually paid to the Insured by reason thereof, the Indemnitor is relieved of liability to the extent of insurance proceeds so paid'. SECTION 13.15. FNMA and GNMA Insurance Regulrements. Notwithstanding any other provisions contained in this Master Declaration, the Association or a Sub -Association shall continuously maintain in effect such casualty, flood and ' liability Insurance and a fidelity bond meeting the insurance and fidelity bond requirements for planned unit development projects established by FNMA and GNMA, so long as either is a Mortgagee or Owner of a Lot within the Property, except to the extent such coverage Is not available or has been waived in writing by FNMA or GNMA. i SECTION 13.1& Additional Contracts. In addition to the foregoing provisions of this Article, the Board may enter into such contracts and agreements on behalf of the Association as are required in order to satisfy the guidelines of FHLMC, ,FNMA, GNMA,FHA, VA or any similar entity, so as to allow for the purchase, guaranty or insurance, as the case may be, by such entity of mortgages encumbering Lots within Improvements thereon. Each Owner hereby agrees that it will benefit the Association and each Owner, as a class of potential mortgage borrowers and potential sellers of theirs Lots, if such agencies approve the Property as a qualifying subdivision under applicable policies, rules and regulations as adopted from time4o4ime. SECTION 13.17. Consent to Release of Information by Mortgagee. Mortgagees are hereby authorized to furnish information to the Board concerning the status of any Mortgage encumbering a Lot and each Owner of a Lot encumbered by such a Mortgage hereby consent thereto. SECTION 13.18. Restricted Application. It is expressly provided that the terms, conditions and provisions of this Article shall not be operative or in force and effect unless and until FHLMC, FNMA, GNMA, FHA or VA purchases, grantees or insures a Mortgage on a Lot within the Property and then only to the extent the same are required by said purchaser, guarantor or Insurer. In the event the standards and guidelines of FHLMC, FNMA, GNMA, FHA or VA do not require, as a condition of approval of the Property as a qualifying subdivision, the inclusion of one or more of the provisions of this Article, said non -required provisions shall be of no further force or effect. ARTICLE XIV. MISCELLANEOUS SECTION 14.01. Term. This Master Declaration and all covenants, conditions, restrictions and easements contained herein shall run until December 31, 2030, unless amended as hereafter provided. After December 31, 2030, said covenants, conditions, restrictions and easements shall be automatically extended for successive period of ten (10) years each, unless extinguished by a> written instrument executed by the Owners of at least three -fourth (3/4) of the Lots covered by this Master Declaration and` such` written instrument is recorded with the Ada County Recorder. SECTION 14.02. Amendment This Master Declaration may be amended as follows: r (a) By Grantor. Until title to a Lot within the Property is conveyed by the Grantor to an Owner, this Master Declaration may be amended or terminated by the Grantor by recordation of a written instrument signed by the Grantor and acknowledged setting forth such amendment or termination. r l I I MASTER DECLARATION - 16 E b By 'Owners. Except where a greater percentage is required b an express rovision in this Master O P g_ P 9 q Y.. P P Declaration, the provisions of this Master Declaration, other than this Section, may be amended by an instrument in writing, signed and acknowledged by the President and Secretary of the Association, r certifying that such amendment has been approved by a vote; or written consent of Owners, including the Grantor, owning at least two-thirds (2/3(ds) of the Lots covered by this Master Declaration, and such amendment shall be effective upon its recordation with the Ada County Recorder. Any amendment to this Section 14.02 shall require the vote or written consent of the Owners, including the Grantor, of two- thirds (2/3rds) of the Lots covered by this Master, Declaration. SECTION 14.03. Sewer Covenants. The following covenants shall run with each Lot and any Common Area affected thereby and shall be binding upon each Owner of a Lot and all occupants of any Improvements constructed on a Lot: (a) No Lot may be used or occupied for any allowed use unless the same is connected to the public sewerage collection system constructed and Installed within the Property. u —(b) i All sewer hook-up fees charged by the municipality having jurisdiction and control over the Lot shall be paid by the Owner at the time of construction of the Improvements thereon and the connection thereof to the public sewerage collection system, said sewer hook-up fees to be paid at such time and In such amount as shall be required by the ordinances and regulations of the municipal entity having jurisdiction thereof. (c) A monthly sewerage charge shall be paid to the municipal entity having, jurisdiction thereof, or its c t M, designee, after connection to the public sewerage ooliection,system In accordance with the.'ordinances and regulations of said municipal entity. (d) - All sewer service lines connected to the sewerage collection system constructed and installed by the Grantor in the Property shall be constructed in accordance with all applicable codes and regulations and a shall be Inspected as required by the governmental entity having jurisdiction thereof to assure a r minimum -of Infiltration from said service line Into the sewerage collection system. (e) The Grantor shall provide access, satisfactory to the governmental entity having jurisdiction thereof, for i sewer cleaning equipment to all sanitary sewer manholes located outside of public right-of-way. (f) The Grantor and each Owner of a Lot hereby authorizes the governmental entity having jurisdiction thereof, or its designee, to bring any action it deems necessary or required for the collection of any fees or charges due said entity for sewer service connected or monthly sewer charges and/or to otherwise enforce any of the obligations respecting the connection to the public sewerage collection r T system or use thereof as provided in this Section. (g). Unless the Property has been previously annexed into the corporate limits of Meridian City, Idaho, the recordation of a Plat for Ashford Greens Subdivision by the Grantor shall be deemed and construed as a request by the Grantor for the annexation of the property covered by said Plat into the corporate limits of the Gty of Meridian, Idaho. Such request shall be binding on all subsequent Owners of the Lots within the Property covered by said recorded Plat. 'SECTION 14.04. Books and Records. All books, records and minutes of the Board and all other books and records maintained by the Association shall be made available for inspection and copying by any Owner or by his duly authorized representative, at any reasonable time and for a purpose reasonably related to his interest as a member in the Association, or at such other place and time as the Board shall prescribe. 1 i SECTION 14.05. Non -Waiver. The failure of the Grantor, the Board or any Owner in any one or more instances to Insist upon the strict performance of any of the covenants, conditions, restrictions, easements or other provisions of this Master Declaration or to exercise any right or option contained herein, or to serve any notice or to institute any action, shall not be construed as a waiver or relinquishment for the future of such covenant, condition, restriction, easement or other provision, but the same shall remain in full force and effect. SECTION 14.06. Acceatance. Each Owner of a Lot, each purchaser of a Lot under a contract or agreement of sale and each holder of an option to purchase a Lot, by accepting a deed, contract of sale or agreement or option, accepts Ithe same subject to all of the covenants, conditions, restrictions, easements and other provisions set forth in this Master Declaration and agrees to be bound by the same. SECTION 14.07. IngemnIfIcation of Board Members. Each member of the Board and each member of the ACC shall be Indemnified by the Owners against all expenses and liabilities, Including attorneys' fees, reasonably incurred by or Imposed in connection with any proceeding to which said member may be a party or in which said member may become involved, by reason of being or having been a member of the Board or the ACC, or any settlement thereof, whether or not said person is a member of the Board or ACC at the time such expenses or liabilities are Incurred, except in such cases wherein said person Is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Board or the ACC approves such settlement and reimbursement as being in the best Interest of the Association or Owners. This Section shall extend to and apply also for the indemnification of the Grantor during the initial period of operation of the Association or prior thereto during the period the Grantor is exercising the powers of the Association. SECTION 14.08. Notices. Any notice permitted or required to be delivered as provided In this Master Declaration shall be in writing and shall 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, properly addressed. SECTION 14.09. Intercretation. The provisions of this Master Declaration and any Supplemental Declaration shall be liberally construed to effectuate the Project Objectives set forth in Article IV, above, and shall be construed and governed by the laws of the State of Idaho. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall include the masculine, feminine or neuter. All captions and titles used' , In this Declaration are Intended solely for convenience of reference and shall not affect that which is set forth in any of the provisions hereof. SECTION 14.10. Severability. Notwithstanding the provisions of the preceding Section, each of the provisions hereof shall be deemed Independent and severable and the Invalidity or unenforceability of any provision or portion thereof shall not affect the validity or enforceability of any other provision. ' I i MASTER DECLARATION - 17 IN WITNESS WHEREOF the Grantor has executed this Master Declaration as of the day and year first above written. BRIGHTON CORPORATION t STATE OF IDAHO ) ss: , County of Ada F On this \ NW day of April, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared DAVID W. TURNBULL, known or identified to me to be the PRESIDENT of BRIGHTON CORPORATION, an Idaho Corporation, the Corporation that executed the foregoing Instrument or the person who executed the foregoing instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. I IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. i Notary bile for Idaho r Residing at q Idaho ••��'v NOTA qe0 00 My Commission Expires: 1 e tt (SEALt►ei -6118 LIG * •` N so OF 11) i s i r i r Y MASTER DECLARATION - 18 I j 1" ) a � Y t CITY OF MERIDIAN "Hub of Trdasure Valley". 33 E. Idaho Meridian, Idaho 83642 '888-4433 PRINTED IN U.S.A. l 0 zo z `-1 Q z a� W rn x o O�nM a a E- O V -1 e'i LU O 1OXm 1— W Cl) z (D Q 1 in a � � Q a a w n. , 1 o M a, ON Z H � O U � E-+ cl 1 _ V C �Q o� LL - Q O 07 0 O Oa�co \ 1 Y e g, H Zoe,. W N O 00 p O MxQ- r^ W S - 0. 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C0 '- t ui CC a~a° 00 -, m= EI D Mm W (] fD W H �• UI O H � H 4n �U O C7 H 00aa we z M cD N Z m IN A N Cn �x 0�0 o70Z wm;no (7 �00 A. of � w wm0 (A �> rn --i m nN, 0 �Z M 1 ti 0 ca C 09C Hrn Am�a 0 n Z x 0 1 ; O v W W 0 CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 I,UJLvlllcl J Order No. Date- ate Name 029 Name Address 12, q 2 1,h(• EX lover PK- Ste. ZZO tjpiSe 117 `63-113 Phone: SOLD BY o\ G CU S rd C -)rens # y 140 N I 00 I I o 0 m 1XIE se. v w w x z � w M o I I I p O C m - o y o o IN A N Cn �x 0�0 o70Z wm;no (7 �00 A. of � w wm0 (A �> rn --i m nN, 0 �Z M 1 ti 0 ca C 09C Hrn Am�a 0 n Z x 0 1 ; O v W W 0 CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 I,UJLvlllcl J Order No. Date- ate Name 029 Name Address 12, q 2 1,h(• EX lover PK- Ste. ZZO tjpiSe 117 `63-113 Phone: SOLD BY C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT !1 E r A 5hfu rd C Keen s - S rd C -)rens # y 140 I I I I I I I I I I I l I I I I I I I I I All claims and returned goods MUST be accompanied by this, bill.' TAX 0009064 RReceived 5 TOTAL 70 GS -202-2 PRINTED IN U.S.A. VNINTEO WITN �( � a ENGi& � mex'� HUBBLE ENGINEERING, INC. 9tio o 9550 W. Bethel Court • Boise, Idaho 83709 SURVEY TRANSMITTAL LETTER FOR: � DELIVERIES PICK UPS DATE Attn: !!Sf 4,-, i Llf 4 (208) 3224992 a Fax (208) 378-0329 2%' Job No: F— Z ;� 1 Project: A5f'77"Gy�/r.-e-r-rs WE ARE SENDING YOU: WE ARE PICKING UP _`(*See remarks) U�/ As Requested )(Attached _ Under Separate Cover, Via i FOR YOUR: Use Record Information (Review and Comment _ Bidding _ Cost Estimating ,Approval THE FOLLOWING: Prints) Specifications _ Plan(s) _ Shop Drawing(s) _ Sample(s) _ Copy of Letter _ Disk(s) (*See Disclaimer below) Copies Date Sheet No. Description of G G "'- 1 I REMARKS: f Copy To: — With Encl. By: _ With Encl. Signed: 1 DISK DISCL ANER:Qn.EASE READ AND SIGN). ALL USERS OF THIS ELECTRONIC DATA SHALL BE AWARE OF THE PRECISION, OR LACK OF PRECISION, THEREIN. WE ARE FORWARDING THIS ELECTRONIC DATA FOR YOUR CONVENIENCE ONLY, NOT AS AN ACCURATE REPRESENTATION OF THE ,.�tOPOSED PROJECT. NUBBLE ENGINEERING, INC. IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED DUE TO RELIANCE OF THIS DATA. NUBBLE ENGINEERING USE ONLY: t TOTALTOTAL RECEIVED B MILES: I TIME:DELIVERED:`- 14527 m CLIENT COPY O 3 S33 5.34 W. USIiCR L4N.. R.1W.. B.M.. • �. S4 S3 — — —L3N., R.1W.. B.M., G,y ,y1 o � S F 0 i m 8 $ ASHFORD GREENS JL} ffi Y f so 73 04 E 41 .3 -1$ I Air w erzxw w s •nxt "i+ v a y n.l u _ ^ F Am to p• - 4 i OO a ! e- + 4 /^ • F T41 y a ! / O 2r ala : Z e1�tiAS1Ji= Al I{a n`4��yrwy ffi �a / °�.,RSFRRRb FpO I:ax. °JLy YffiOM7•i t�' �y ♦ 8 Q y %' iit4 'q •YFtlZ' X `IR�tt� T� - r s r �� �• Y �DG$RrFOQCq�aX?i gXrMRX O V4 4 ki nn nn ne nneeeene :agsz N D gf a MUM: e n � _�I • =JQ i e ap C -ZO ' N 8971'33 W c D O x tl mg„ m� N04.94' z m Z Z �. CD m D Z D I SN S o m r7 Q D X<—i O mz D R B 6 z qZ r1J 2 € 44F oz zZ m z h., zo E e x z + ergEDLe1 s z' Am s s �q gl I laa ♦r day, ' i �� �� �5� �a ator $ 0 �s. O � 4 '� • � © Ism i en �l.v \ 7.n �0• F In 1 Q36 JJ� N 8971 33" W �,�• .: 4 Y 3y R. 147.74' f� x3 0} Z W. 7ALAMORE BOULEVARD 1 �6 4 E o. SX3 .e lib F LL S J I &, a Ia g p,PO �O.,r, 8 ©p O I I I I i. • • e r., O• Laid1E m F Eli man$ a g 6 nHi SA 's3 83d V� - �1 1i N a g *CORDED- ROLH- CCS! " i Y RFC0RQE4 P� i i I P% !I i Nt A d P ( _ 04 This sheet has been added to document to accommodate recording information. I is 11 _ TAOL_. k STREET LIGHT AGREEMENT This Street - Light -Agreement is made and entered into by and between by the CITY OF I MERIDIAN and BRIGHTON CORPORATION, pertaining" to, the street I lights in Ashford Greens Subdivision, a residential development in Meridian, Idaho. ry For good and valuable consideration, the receipt, of which is hereby acknowledged, the parties r agree as follows: k 1. Brighton Corporation has provided two (2), street light poles, concrete pole bases; fixtures, bulbs, and ballasts to the residential development known as Ashford Greens Subdivision No. 4 in, Meridian, Idaho. :The parties acknowledge that the two (2) street light poles and fixtures were specially ordered items, not customarily used in residential developments. 2. Brighton Corporation (Ashford Gr"eens Owners Association) or its assigns, agrees to replace, repair and provide any required maintenance of any of the above mentioned street lights, globes, ballasts, and/or components thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Brighton Corporation or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that globes; and/or ballasts, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the two (2) street lights located in Ashford Greens Subdivision No i 4 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain globes and ballasts or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provides that Idaho Power would provide maintenance, globes; and ballasts. It is also agreed that lighting served under the Schedule 40 Agreement 'must be controlled by a photoelectric device. 5. It is understood and agreed that Brighton Corporation will assign its rights and obligations hereunder to Ashford Greens Owners Association. w ASHFORD GREENS SUBDIVISION —Street Light Agreement Page I 6. This AGREEMENT shall be binding on Brighton Corporation, its heirs, successors and assigns, and the City of Meridian. DATED THIS �� day of , 2000. CITY OF MERIDIAN, a municipality' and politic al subdivi 'on the State of Idaho. I q 4 yor ABEAL E i t City Clerk i CORPORATION By � President A TEST: 1 Secretary t ASHFORD GREENS SUBDIVISION — Street Light Agreement Page 2 a t. STATE OF IDAHO ) ss. County of Ada ) ���, On thisy'— day of �bVeWbe/v' , 2000, before me, the undersignedI , a Notary Public in and for said State, personally appeared GL rrl f,) and Vy k&en C-1. TY", of the CITY OF MERIDIAN, a municipality and political subdivision of the State of Idaho, known to me to be the Mayor and City Clerk of Meridian, Idaho, who subscribed their names to the within and foregoing instruments in their capacity, as Mayor and City Clerk, and acknowledged to me that they executed the same in the name of the CITY OF MERIDIAN. I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) •°Q'" UGq °° `� i' •y, pT�, , O � o ° i o -O• • OF � �o °,ra®oo STATE OF IDAHO NOTARYTIJbC F IDAHO Residing at Meridian, Idaho Commission Expires: .6)-U -bb ss. County of Ada ) On this day of 2000, before me, the undersign?d, a Notary Public in and for said State, personally appeared David W. Turnbull and Loretta Taylor known to me to be the President and Secretary, of Brighton Corporation, who subscribed there names to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said Corporation as President and Secretary. I P IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .e 10 0 �U B 1AC ®®®°®nm�asaeet®®o i C��li� �/U/�lr�lr✓ NOT�T`PUBLIC FOR IDAHO Residing at Meridian, Idaho I r Commission Expires: 1 ASHFORD GREENS SUBDIVISION —Street Light Agreement Page 3 • HUB OF TREASURE VALLEY' Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (_08)884-d264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-'211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 December 23, 1999 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402.. *Dena 388-2021 fax 388-6924 388-6532 fax 322-2032 Re: Street Lights for Ashford Greens Subdivision #3 The street lights have been installed by the developer in Ashford Greens Subdivision #3. These four are 100 watt lights on special decorative poles, owned and maintained by Brighton Corporation and the Ashford Greens Home Owners Association. The four (4) street lights are located at: Lot 4 Block 10 N. Callaway Place Lot 1 Block 24 N. Callaway Place Lot 29 Block 10 N. Waggle Place Lot 1 Block 25 N. Waggle Place See attached map for additional information. Please use this letter as your authority to activate these street lights. { Sincerely 1 William G. Berg, Jr. City Clerk l '1 1 c � o ====W. MOON LAKE DR. • Off. E 00,'0 OO� 6 O O • • ML -2 U � II N < nAi.-1 M 1 50 C Y~,Y n n 1 F -16a 40K CR -1 -- Y ML 75 A = • a ? u q r I 2 < .. /p O y� Q Y..'' EY II � — t 75 A , W a I W C d V North Q R E 0 _ � W t5 d + .� 1 A IF —9 I_*,-.. -* Ar * 13 122, 0 12* YY. 10 X TA MIOM BOULEVARD G 9 -------------- O 3" stubbed here LE -2 50 8 LE -3 50, C MEN A 3SVdS 0 3VVdS B 3VVdS B 3VVdS 0 -4.40 ONUS I(I JU��o rONUS B 3VVdS A 3VVdS 09-31 O Z-08NU 0 JU0 OS 0 i4NU0 OS B 3VVdS OL -3m 09-31 ®IM LE -5 75B OFFICIALS HUB OF TREASURE VAUEY • COUNCIL MEMBER r• WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN RONALD'R. TOLSMA CHARLES t. BRUCE D. STUART, Water Works Supt. G ENN R. BENTLEY I s 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 Phone (208) 888-4433 • FAX (208) 887-4813 KENNETH W. BOWERS; Fire Chief Public Works/Building Department (208) 887-2211 JIM JOHNSON, Chairman MALCOLM MACCOY W.L. GORDON, Police Chief Motor Vehicle/Drivers License (208) 888-4443 WAYNE NE G. G. CROOKSTON, JR., Attorney KEITH BORUP ' RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor MEMORANDUM: Date: i l To: Will Berg, City Clerk __ Bruce Freckleton, Assistant to City Engineer y CITY OF RE t,.- __ . i From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION , I CITY 01'!" MERIDIAN I have inspected and approved the electri wiring and associated components for sheet lights in #� Idaho Power Co. can now procee&Vith the activation. l Harold Hudson, Electrical Inspector i C:\OFFICE\W PW IN\GENERAL\ELECINSP. MMO I of17M. ITY OF MERIDIAN, BUILDING DEPARTMENT 200 E. Carlton Ave., Suite 100 • Meridian, ID 83642 887-2211 * Inspection Line 887-1155 1 t Pi! I ELECTRICAL PERMIT Issued; 6/09/99 Permit No: 1559L OWNER/APPLICANT --------------- °--------- PROPERTY LOCATION -----------------------_ MIKE TANNER I 0 ASHFORD GREENS i BOISE ID 83718 i Lot: Block: Long Legal: 2208/060-0000 I Sub: ASHFORDs T: ASHFORD GREENS ?� oo S: i Parc No: CONTRACTOR----------- ------------------ DESIGNER ------------------ ---=----------- RODNEY B. BEUS I ; 11509 W. VIOLET CT. I i, BOISE ID 83713 I 208/44-0187 1 600/000-0000 PROJECT INFO------------------------------------------------------- ----------- Prj Value: $4 000.00 1 Temp Ser -vice: Prj Type: STREETLIGHTS I Residential Service: Oce Type: COMMERCIAL I Number of Rooms: Occ Grp: Occ Load: I Electrical Heat: Cnstr Type: 1 Number of Circuits: Land Use: (Other: PROJECT I OTES-------------------------------------------------------------------- LOT BL 10 LOT 4 BL 10 2 150 WATT' 2 COMMON AREA 150 WATT �07� / i3l2 ' CJz 7`Y1�.� X0 Lvt Zq Lot / 0//4- 25 - PROJECT FEES ASSESSMENT ------------------------- TOTAL ELECTRICAL FEE: $110.00 IMPORTANT INFORMATION ----------------------------- Amount Paid: 1 $110..00 Balance Due: { $0.00 AUG 1 2 1999 CITY Inspection requests must be made 24 hours prior to the need for inspection. Persons making the requests must provide the following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection, s 5) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday - Friday, between 8:00 AM and 5:00 PM, excluding holidays. Other Permits are. Required for the installation of any electrical wiring, plumbing piping and mechanical installations related to gas fired equipment. Permit Revocation/Expiration. The Building Official reserves the right to revoke any permit issued in error or on the basis of incorrect information. Permits expire in 180 days if: work is never ' nced, or is discontinued for a period exceeding 180 days or 6 months. Declaration - This permit is being issued subject to the the work to be performed will conform to the regulations pi City of Meridian, and it is hereby agreed that ereto. Owner or A �d ent Date William G. Berg, Jr. Meridian City Clerk 33 East Idaho Street Meridian, Idaho 83642 RE: ASHFORD GREENS NO. 3 AND NO. 4 ' Dear Will: Pursuant to City Council action of November 17, 1998, I have prepared the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT in the application of Brighton Corporation, regarding the above matters. These documents are now ready for the Mayor's signature and after the Mayor's signature has been secured, and the City Clerk's signature secured, the originals should be retained by the City Clerk. Copies should be served upon the Applicant, the Planning and Zoning Department and the Public Works Department, as designated by the City Clerk's signature. If you need further assistance by this office, please advise. Very truly yours, _ _ I Wm. Gigray I WFG/msg Enclosure I Mh WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW I JUSTIN P. AYLSWORTH 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE JULIE KLEIN FISCHER POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH WM. F. GIGRAY, III MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 D. SAMUEL JOHNSON TEL (208) 288-2499 NAMPA, IDAHO 83653.0247 WILLIAM A. MORROW FAX (208) 288.2501 TEL (208) 466.9272 FAX (208) 466-4405 CHRISTOPHER S. NYE PHILIP A. PETERSON PLEASE REPLY TO STEPHEN L. PRUSS MERIDIAN OFFICE ERIC S. ROSSMAN j TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE 7]T-��� N , cE V 1'1 ]D December 4, 1998 - I a 3 ( CITY OF MERIDIAN William G. Berg, Jr. Meridian City Clerk 33 East Idaho Street Meridian, Idaho 83642 RE: ASHFORD GREENS NO. 3 AND NO. 4 ' Dear Will: Pursuant to City Council action of November 17, 1998, I have prepared the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT in the application of Brighton Corporation, regarding the above matters. These documents are now ready for the Mayor's signature and after the Mayor's signature has been secured, and the City Clerk's signature secured, the originals should be retained by the City Clerk. Copies should be served upon the Applicant, the Planning and Zoning Department and the Public Works Department, as designated by the City Clerk's signature. If you need further assistance by this office, please advise. Very truly yours, _ _ I Wm. Gigray I WFG/msg Enclosure I BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF BRIGHTON CORPORATION, ) APPLICATION FOR FINAL PLAT FOR ) ASHFORD GREENS NO. 4, PORTION OF ) THE W1/20F THE W1/20F SECTION 3, T. 3N.) R. 1W., MERIDIAN, IDAHO ) ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to § 11-9- . , 604 H Municipal Code of the City of Meridian this 171h day of November, 1998 and the I Council finding that the Administrator Review is complete which has included certain I comments and conditions as stated in a letter to the Mayor and Council from Bruce I Freckleton, Assistant to the City Engineer, listing 6 General Comments and 14 Site Specific Comments which are herein found fair and reasonable, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1.) The Final "Plat of Ashford Greens No. 4" as evidenced in Plat bearing the job reference G:\ASHFORDWSHFORD 3\ASHFORD#4PLAT.DWG 8-20-98 SHEET 1 OF 2 98- 181 is Conditionally Approved subject to those conditions that the Applicant complies with i Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Assistant to the City Engineer and Shari Stiles, Planning and Zoning i Administrator, dated October 1, 1998, listing 6 General Comments and 14 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A" and by i ORDER OF CONDITIONAL APPROVAL OF i FINAL PLAT FOR ASHFORD GREENS NO. 4 this reference incorporated herewith each comment therein as a separate condition of t approval. 2.) The final plat upon which there is contained the Certification and signature of the City Clerk and the City. Engineer verifying that the plat meets the City's requirements and which shall be signed only at such time as the Plat dimensions are approved by the City Engineer and the City Engineer has verified that all off site improvements are completed I and/or the appropriate performance bond has been issued guaranteeing the completion of off site improvements. By action of the City Council at its regular meeting held on November 17, I 1 1998. I RTD. CORRIE , City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Departm t. a /` j �jG� �a�si+stirrrrrry�rfi By: /` Dated: ! `'( / l� �it`'� ''f•, f ity Clerk `• SEAL = ti fill J 1 J ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ASHFORD GREENS NO. 4 s a Mayor #' ROBERT D. CORRIE Council Mmers CHARLES ROUNTREE t GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: 0 HUB OF TREASURE VALLEY 10' A Good Place to Live CITY OF MERIDIAN ' 33 EAST IDAHO MERIDIAN, IDAHO 83632 Phone (208) 888-4433 • Fax (208) 887-4813 To: Mayor and City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator Re: ASHFORD GREENS NO. 4 By Brighton Corporation (Request for Final Plat approval) t LEGAL DEPARTMENT (208)881-1261 PUBLIC WORKS BUILDING DEPARTMENT (208)887-3211 PLANNING AND ZONING DEPARTMENT ('_08)831-5533 October 1, 1998 i REc1ENE.D OCT 0 1 1998 9 CITY OF MERIDIAN We have reviewed this submittal and offer the following comments, as conditions of the final plat. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included inthis 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 normal groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with street development plans. 4. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. a 6. Please address, in written form, all items contained in this memorandum and submit to the City Clerk's office by 5:00 P.M. of the Monday prior to the scheduled meeting of 'the City Council. Prior to development plan approval, three copies of the revised plat mustrbe Ashford4.FP.doc 1 o- I Mayor, Council and P&Z { October 1, 1998 Page 2 t reviewed by the Public Works Department for compliance with all conditions of 'plat approval. SITE SPECIFIC COMMENTS 1. This final plat generally conforms to the approved preliminary plat. f 2. Submit detailed landscaping plans for the common areas, including sizes and species of vegetation and details of walkways, for approval prior to signature on the final plat.1 A letter of credit or cash will be required for these improvements prior to signature on'ithe final plat. All landscaping is to be completed prior to obtaining certificates of occupancy. 3. Provide five-foot-wide sidewalks in accordance with City Ordinance Section l 1-9-b06.B. Sidewalk improvements will be required along entire frontage of N. Black Cat Road (Ashford Greens No. 1, 3, and 4) as well as within development. 4. Sanitary sewer service to this site will be via the existing main that traverses through the development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing i with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 5. Water service to this site will be via an extension of an existing main that traverses through the development. Applicant will be responsible to construct the water mains, to and through this proposed development, as well as the 10" diameter water main connecting the Ashford Greens development to The Lakes at Cherry Lane development, as shown on sheet 18 of the approved development plans for Ashford Greens Subdivision. This interconnection is needed to provide a more reliable "looped" water system to this area. With all of the growth in the area, the volume of flows available for fire protection has been deminished. Subdivision designer to coordinate main sizing and routing with the Public Works Department. ' 6. All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building S permits. d c 7. The developer shall be required to update the pressurized irrigation system O&M manual to include all phases of this development. A substantially complete copy shall be required y prior to development plan approval, and the final complete copy, including as-built drawings shall be required prior to the City's final subdivision approval. 8. "The Real Point of Beginning" shown on the face of the plat doesn't match the corresponding point as noted in the legal description of the Certificate of Owners. Revise the face of the plat to match the legal description. i a Mayor, Council and P&Z� October 1, 1998 Page 3 9. The Land Surveyor preparing the plat shall affix his seal, signature and date to the face of the plat. 10. Please provide a detail on the face of the plat that is an exploded view of the lot pin configuration for the northwest comer of Lot 24, Block 19. i i` 11. Please add or revise the following plat notes: (1.) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian. (6.) ... highest known seasenal normal ground water elevation. (8.) ... time of resubdivision; . (11) A blanket easement shall cover Lots 2, and 12, Block 19, for the benefit of the City of Meridian for a water main. 12. Revise the domestic water service origin note in the Certificate of Owners to read: "All lots within this plat will be eligible to receive water service from the City of Meridian's municipal water system, and the City of Meridian has agreed in writing to serve all the lots in this subdivision." 13. Graphically depict 10' wide Public Utilities, Drainage and Irrigation Easements along the northern boundary of Lot 9, Block 19, and the western boundary of Lot 13, Block 19. 14. Please correct the last call prior to "The Real Point of Beginning" in the legal description of the Certificate of Owners (S 00°38'11 "W, should read N 00°38'11 " E). 0 I k Ashfo'd4.FP.doc B r 7 k t MERIDIAN CITY COUNCIL MEETING: NOVEMBER 17, 1998 APPLICANT: BRIGHTON CORPORATION ITEM NUMBER: 1 REQUEST: ASHFORD GREENS NO.3 SUBDIVISION I AGENCY COMMENTS I CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: CITY PLANNING DIRECTOR: 3 CITYATTORNEY: r CITY POLICE DEPT: CITY FIRE DEPT: I CITY BUILDING DEPT: CITY WATER DEPT: t MERIDIAN SCHOOL DISTRICT: Aii t+cflGD COmcn 1 S { F MERIDIAN POST OFFICE: A ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRALDISTRICTHEALTH: r NAMPA MERIDIAN IRRIGATION: J� ` SETTLERS IRRIGATION`: IDAHO POWER: (1' US WEST: t INTERMOUNTAIN GAS: 1` 4 BUREAU OF RECLAMATION: F y ' OTHER: All Materials presented at public meetings shall become property of the City of Meridian. r ll-�:3•-y C&W-dl Fox �J , CITY COUNCIL MAO ING OCTOBER 6, 1998 PAGE 4 conditions (1) Change of noting the parking area to include five parking spaces and that 29 lots need to meet a minimum 1,600 sq. ft. per unit to include lots 31-34 and lots 2-9, and that the duplex units need to be a minimum of 1,250 sq. ft. and the remaining lots to be a minimum of 1,304 sq. ft. (2) Not to be a gated community. ROLL CALL: Rountree — aye, Anderson — aye, Bentley — aye, Bird — aye. MOTION CARRIED: All ayes. Motion made by Councilman Rountree and seconded by councilman Bentley to instruct attorney to prepare conditional use permit. MOTION CARRIED: All ayes. ITEM #11: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.18 ACRES (R-2) BY WILLIAM C. HUMPHREY FOR LAND LOCATED AT 939 E. PINE. Testimony given by William Humphrey, the applicant. Closed the public hearing. Motion made by Councilman Bentley and seconded by Councilman Rountree to approve the Findings of Fact and` Conclusions of Law. ROLL CALL: Rountree — aye, Anderson — aye, Bentley — aye, Bird — aye. MOTION CARRIED: All ayes. Motion made by Councilman Bentley and seconded by Bird to approve decision. MOTION CARRIED: All ayes. Motion made by Councilman Bentley and Councilman Bird to direct the attorney to prepare the annexation ordinance. MOTION CARRIED: All ayes. ITEM #12: REQUEST FOR FINAL PLAT FOR ASHFORD GREENS NO. 3 BY BRIGHTON CORPORATION — PORTION OF THE W % OF THE W Y2 OF SECTION 3, T.3N., RAW. Testimony was given by Gary Smith concerning water main extension and, drainage areas. The attorney will research legal issues for the water line, extension. Motion made by Councilman Rountree and seconded by[ Councilman Anderson to table until November 17, 1998 meeting. MOTION CARRIED: All ayes. t ITEM #13: REQUEST FOR FINAL PLAT FOR ASHFORD GREENS NO. 4 BY BRIGHTON CORPORATION — PORTION OF W'/s OF THE W Y2, SEC. 3, T.3N., RAW., B.M. Testimony was given by Gary Smith. The attorney will research legal issues for the water line extension. Motion made by Councilman Bentley MERIDIAN CITY COUNCIL MEETING NOVEMBER 17 1998 The regular meeting of the Meridian City Council was called to order at 7:31 p.m. on November 17, 1998 by Mayor Robert D. Corrie. MEMBERS' PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree. t OTHERS PRESENT: Bob Corrie, Will Berg, Bill Gigray, Bill Gordon, Gary Smith, - Shari Stiles, Brad Watson, Dave Bowman, Tom Kuntz, Malcolm MacCoy. Corrie: Thank you for coming this evening, kind of sparse, it must be raining outside or snowing. I haven't been out there for a while, but thank you for coming today. Council, we have the consent agenda items A, B, C, D, & E. is there any Councilman that would like to have any of the A, B, C, D, or E taken off the consent agenda at this time? k Bird: I have none. i Bentley: None. g Anderson: None. Rountree: Mr. Mayor, I move that we approve the consent agenda. Bird: Second. Corrie: Motion made by Mr. Rountree, seconded by Mr. Bird that we approve the consent agenda. All those in favor of the motion say aye. MOTION CARRIED: All ayes. i ITEM NO. 1: FINAL PLAT FOR ASHFORD GREENS NO. 3 BY BRIGHTON CORPORATION — PORTION OF THE W Y OF THE % OF SECTION 3, T.3N., R. 1W: Stiles: Mr. Mayor and Council I believe these two plats on items 1 & 2 were tabled so that the issue of drainage could be worked out. I'm not sure what other issues that were part of that tabling. Rountree: Water extension. Smith: Mr. Mayor and council, David Turnbull handed me a page of photographs that he's taken on the storm drain swills at Ashford Greens to show that the construction has been completed and I'll bring that up and pass it along to you. e Meridian City Couno _ November 17, 1998 Page 2 Also, one of the reasons for the tabling of the two subdivisions had to do with the' extension of.a water line from the Lake at Cherry Lane #4 to Talamore r Boulevard and the city's requirement—my requirement that Brighton Corporation was responsible for that extension. I reviewed the situation with the city attorney Bill Gigray and Bill issued a memo to me. I made copies of that memo and I'll come forward and pass those out to you. The main—I think Bill's main comment is the second paragraph from the bottom of the page. Where by he recommends' that the city,,not impose the condition of approval of an unrelated plat to the note that was on the development drawings without there having been some condition of plat approval on the initial plat requiring compliance before any other plats would be approved. So from that standpoint, public works department would not make the requirement for Brighton Corporation to extend the water line as a bases for approval of plat No. 3 and plat No. 4. Think if you have any questions concerning the legal aspect of this Mr. Gigray would be willing and able to answer the questions. Thank you, that's all I have. Corrie: Council have any questions of Mr. Gigray or staff? Bird: I have none. Anderson: I have none. (Inaudible) Rountree: Either question for Gary or Attorney Gigray, either one -1 guess my understanding from this is the,note to accomplish the water line was part of another development agreement or another plat, not this particular—on a preliminary or final plat of, another sub? Smith: Yes Councilman Rountree (Inaudible) the requirement that was placed on Ashford Greens No.1 Subdivision was a note on the construction plans, or development plans for the sewer and water system for that subdivision. That basically said the water line --a water line would not need to be extended at this time from --I think it's Talamore Boulevard the main entrance to Ashford Greens to Ashford's East boundary which is the Lake at Cherry Lane No. 4 until such time as the water line and the Lake at Cherry Lane No. 4 was constructed to their west boundary, or to the east boundary of Ashford Greens total development. At that time, Brighton Corporation had option with the landowner to purchase the property in pieces as they developed, which included the area where this water line would be placed, the extension. During the period of time that Ashford Greens No.1 and No. 2 was being developed, Brighton Corporation lost their option on the property. That option was subsequently picked up by another developer. So that created some concern with Brighton as far as this requirement was concerned. That was the question that I raised then when Ashford Greens No.3 And No. 4 came up and that was—the memo that you have t Meridian City Coun# November 17, 1998 Page 3 in front of you is the result of Mr. Gigrays research on that question as to whether or not I could require the developer to make that be as a condition of approval on plat No. 3 and No. 4 which is before you tonight as a final plat for approval. It was not a condition—the extension was not a condition of plan approval for No.3 or No. 4. 1 guess that's the meat of your question Councilman Rountree, is that correct? Rountree: The follow up is the continuation of the loop or the completion of the loop has been annotated on an approved plat for the now owned Steiner Subdivision, so we can get the loop completed. Smith: The loop will be completed. We have requested that—initially Steiners submittal No. 8 which is before you tonight as a Preliminary plat came in showing that line as a future line. We required that to be removed as future and it was to be shown as an improvement part of that plat. Now there are probably—I ! couldn't say for sure, but there may come an issue of whose going to pay for the l water line, but I guess that's something that needs to be addressed at a later point. But, the Lake at Chert' Lane No. 8 which is before you tonight on the agenda item will have to have that water line installed before it can be accepted by the city. Rountree: Perhaps it could be worked out before the two developers (Inaudible). That's what I needed, thank you Gary. Gigray: Mr. Mayor and Members of the council, as a point of information and background on this I would advise you that prior to issuing this memo, we did with the cooperation of the clerks office give you all the previous actions and motions that were made by the City Council relative to the subdivision approval that this particular obligation comes from. I would assure you that it is not, at least it's my understanding the position of Gary Smith as public works director of the city that the obligation still stands as set forth in the note. The issue here is , using that as a condition of plat approval from some other plat that is not correctly related. I believe that there may yet be some other development that may be related to that that could come before this council at some later date. In addition, you might note in this memo I make a recommendation here that if you seek to maybe have a condition of pat approvals that certain conditions are t completed before other plats would be approved. I think we ought to shore that up with some kind of ordinance or something that you ought to consider if that's—if those are going to be conditions that you may want to impose on future developments. If this got to be a problem, because as I understand it, from my discussions with Gary is that this note which is on this plat that's the subject question was really in accommodation to the developer to not have to put that line in at the time. They originally did the development upon the condition and their assurance that they would put it in when those subsequent events occur that are referenced in the note. So, if we get into those accommodations in the Meridian City Coun* l November 17, 1998 Page 4 ' future, it seems to me that it would be reasonable for the council to impose conditions of other developers could have that as a condition on them, but I think we'd have to include that on our approvals as conditions and I would like to back it up with an ordinance, but I'd wait here for direction on whether or not you wish to proceed in that manner since this issue is brought kind of to a head in this matter. Corrie: Any further discussion? Rountree: Are there any other issues, i haven't seen the pictures yet, as far as a completion of the drainage basins. Are there any other wishes with respect to the desire of the developer to put the various (Inaudible) city property as it relates to operation and maintenance of the golf course and the needs of the operation and maintenance of the golf course that there may be an understanding that they are going to be taken care of by the developer, but we don't have that in writing and/or they may not have been done at this point in time. ' Smith: Mayor and Council, I don't recall the particulars on the drainage issue. Rountree: Wasn't the (Inaudible) proposals for disposal of drainage be in drainage basins within the golf course property? k Smith: Yes, correct. Rountree: Is that something that's on record that the city has approved previously, or is that something that has been discussed? Smith: Yes Councilman, we do have some drainage areas on the golf course presently. Rountree: I know we have them presently, do we want new ones? Have we agreed to allow new ones? Do the drainage basins that have been proposed interfere with the maintenance and operation of the golf course? I see the photos that finally they're somewhat reasonable to look at after considerable length of time of them sitting out there being eye sores, difficult for the golf course to maintain. i know this stuff takes time, but that is a city facility and I just don't know and I still don't understand what we've agreed to in terms to a commitment or an agreement.with a developer to allow discharge of storm water into drainage basins that will be on golf course property. David can probably answer that. Smith: From our initial comments on the review of the project, item No. 13 on our site specific addresses the drainage ponds and the concerns and the problems that existed with existing drainage facilities. The comment was that we do not feel that it's appropriate for this developer to pass responsibility for the maintenance to the golf course. Typically other developments ponds are similar Meridian City Coup November 17, 1998 Page 5 facilities located within the homeowners association owned and maintained common areas. The developers engineers response to that—to our comment was from the inception of the Ashford Greens project in conjunction with the development of this golf course, City of Meridian officials agreed to the concept of a storm drainage swills within the golf course. In regard to the comment, the drainage ponds did not function properly, we contend that they have and will function quite well as designed during high intensity rainfall. Obviously they needed some corrective action to make that happen. There has been a problem with nuisance water which is being corrected at this time by the developer. These corrections consist of insulation of rock trenches in accordance with ACHD approvals. This worked to reduce nuisance and water problems will also reduce light maintenance to mowing and broad leaf control normally performed in maintenance of large turf areas. I don't know that I have a—we don't have an agreement with them. I don't know that I've heard any proposal from the developer as far as maintenance of these areas. It appears that that's being left to the golf course as part of the golf course maintenance. Rountree: Well being that the golf course is ours and we know that we have drainage problems with their last bout of above normal rainfalls and we had to partner with another developer to get some of those problems taken care of. The engineers response (Inaudible) an agreement with the city. I guess I'd like to have David recognized and bring that information forward again, but I would still like to have that agreement (Inaudible) spell out what kind of guarantees the developers are willing to stand by in terms of making sure that those facilities work. If they don't' work that they agree to part of the cost of making them worK and taking care of any extraordinary maintenance cost that might be born by the golf course. Corrie: Hearing that, this isn't a public meeting, but Dave you want to give us what you have on that? Hearing what has been said. a DAVID TURNBULL, BRIGHTON CORPORATION, 1246 W. EXPLORER DRIVE, BOISE, ID. Turnbull: Appreciate the opportunity to come up here. Let me just state that the drainage issue became—you know this was a design issue, obviously. While the response from our engineer indicates that the storm drainage will work well, a obviously there was a problem with the nuisance water. That's what caused the problem with the maintenance. We had started on corrective action well before this came to light in Ashford Greens No. 3 and No. 4 here. We were working through that problem so it wasn't precipitated by the approval of these plats that we initiated the action. We did work with ACHD to come up with a solution on modifying the drainage swills that were already in the property, in the golf course property to put this, the rock cringes that you see in here. It's pretty typical of detail of other areas that you will see around the city. It seems to work very well; Meridian City Counco • November 17, 1998 Page 6 about the—just a few days following completion of those improvements there we had a fairly good rain and=it filled up those swills and within a matter of hours all the nuisance water was gone. Some of the neighboring property owners that have been concerned about he problem called -our office to thank us for taking care of the problem and everything seems to be working well. We have been working with Ada County Highway District who has primarily -you know in the normal course of things responsible for the maintenance of storm drainage facilities. We are entering into an agreement with them to do the light maintenance, any heavy corrective maintenance would fall under their purview. So what we are saying I guess is other than normal mowing, trimming and broad leaf control which is normal in any turf area and any golf course their should be no maintenance requirements of the city or the golf course operator who is leasing the property from the city. We are willing to take that responsibility under our hospice within the owners association responsibilities. Corrie: Does that answer a lot of your questions? Rountree: There was an indication in your—not attorney, but your engineers response to our concern that there is either an actual or an implied agreement with the city to allow those (Inaudible) on the golf course. Turnbull: Let me go back and address that from the very first planning stages this is back when Mayor Kingsford was in office and I believe commissioner Rountree you may have been here at that time, but most of the other faces have changed. We have identified on the preliminary plat that was approved by the city, various'drainage facility easements around the golf course properties with the understanding that detailed plans came back that those might shift back and forth, but were identified on the preliminary plat not actually dedicated as easements at that time understanding that the easement may need to shift a little bit. So—but the understanding with the mayor and the public works department at that time, was that yes golf courses just like parks are used in other areas that are appropriate facilities to take care of drainage like this. I guess, you know the implications made that we are using the golf course property, but you kind of need to understand it from our point of view. We are the ones that gave away that golf course property. We are the ones that deeded it to the city. All we asked for in return was an easement back to us to take care of some of the storm drainage issues. So, I don't know this anything we are asking for a freebee from the city—we feel like it's something that we already gave and it was discussed right up front, we've been very clear on that issue from the very beginning and had a fairly clear understanding of the city. If you go back on the preliminary plat and the preliminary drainage plans, it will show those areas subject of course to final design. Am I correct in that Gary? Smith: I don't recall the preliminary plat details, I'm sorry. Meridian City Couno November 17, 1998 Page 7 Turnbull: I do. Rountree: This story line rings not necessarily true, but it's kind of hard to find the truth in all that's gone on over the last few years as it relates to the golf course. Turnbull: Sure. Rountree: l guess my concern is that and I guess we're back to discussion on this is that if we move forward with approval of these particular plats, that it certainly be conditioned that we have appropriate agreements with the developers as it relates to the drainage between the City, the developer in this case the operator of the golf course because we're under some contract obligations to that individual as well, and i don't think we as a City can even though it is our property approve a plat without the golf course's input on thing if it's going to have some bearing on their operation. Turnbull: Commissioner Rountree may I offer one thing that may help solve that problem. We will represent this and commit to this. Other than your normal mowing, trimming, and broad leaf control, is consistent with any golf course operation. We will agree to take care of like we've been discussing with Ada County Highway District the month to month light maintenance of the project and we actually have a draft that we have received some sample copies from the Ada County Highway District of those types of contracts. We prepared a draft. In fact' I just received that today, which we will be submitting to the Ada County Highway' District tomorrow, but our representation our guarantee to you is that the City other than those normal mowing, trimming and broad leaf control issues will not be responsible for the maintenance of those facilities. Rountree: And Iappreciate that David. Turnbull: And I think speaking to the other part I think you know you say that what I spoke of rings true. I think that's memorialized in the fact that we already have three drainage facilities within the golf course. That's been part of the equation from day one and the first two phases have incorporated those drainage facilities at the approval of the City obviously. Rountree: I understand that as well, but I also want to point out that there have f been issues as it relates to those facilities on an ongoing basis have taken a fair amount of time and energy to resolve. Turnbull: I appreciate that, but I think you can understand that we've always stood behind what we've said and we've taken care of the problem and any problems that have existed, and I think those pictures that I submitted today and the calls that we've had from the residents out there attest to that. • h Meridian City Couni� November 17, 1998 Page 8 Corrie: Any questions? Bird: I have none. Corrie: Thank you Dave. Turnbull: Thank you. I Gigray: Mr. Mayor and members of the Council, you may want to ask the developer and Gary Smith whether or not it would be appropriate if you intend to make a condition of plat approval this one other point, which they've indicated they're willing to do as to whether or not it might be appropriate that that condition be that the final development plan show as a note on the plat that the " agreement would be in existence. I mean the language for that I think would be ,. developed but with Public Works and with the developer, because I that final development plan will have to be resubmitted for your signatures before they record it. Smith: Mayor and Council I guess a note to that effect could be added to the plat as opposed to the development plans. The development plans are not recorded, but the plat is and if it's your wishes to have that as a matter of record, then it might.be appropriate to put that requirement on the plat. So it is of record. Gigray: Mr. Mayor with your permission, my point would be that would be notice to buyers and it would be a little more up front and as I understood the comments by the developer as they intended this would be a homeowner association responsibility so it might be good to have it there. , Corrie: Any other questions? Discussion of Council? Rountree: I just have a question for Bill and other one as it relates to us imposing something on an individual who leases property from the City and not, having them involved in at least getting an opportunity to review that activity may impact their lease and their operation. Could they then come back on the City ' and say well you've created an undue hardship on me and here's a bill for remedy. a Gigray: Mr. Mayor and members of the Council, Councilman Rountree, to answer your question, it may be prudent to review the lease agreement that you have with the golf course to find out what right they have there and then also to, seek their permission as to whether or not this is something they object to. If they have the right of possession, it would affect their rights, could. The one other issue that you have to be concerned about is we need to double check the time table for which the final plat approval was originally submitted to the Council Meridian City Cou* 0 November 17, 1998 Page 9 for consideration because we have a 45 day requirement under the terms of the ll' ordinance. If you sought to table to get one more input. Corrie: Mr. Clerk do you know the answer to that one? We're putting you on the spot I know, but do you have idea when that needs to be done? Gigray: I think it would run -from the original date that the mater came before the was Council -so it would be -.something thatwould start running when the final plat submitted for Council'consideration. Was that in October? Bird: Yeah; ,10/6. p Rountree: That could be a condition of approval as well. ir 1. 1 1 e— -- Gigray: Well the ;problem with that is that if you didn't obtain the permission of -the Lessee who in your.opinion�had the'right to object, -then. I don't know what that does to.,yourk decision making on this if, they. won't agree to that and what that does to their development. Thatwould be a concern tor me. Rountree: I,guess I'm not so concerned that they won't agree -to it I'm concerned that they don't know:.about itor.they might'know something about it, f but haven't had an opportunity to submit any information on it. There's work arounds to make it work. I mean there may be a design modification that makes it work with an.established irrigation system in the`golf course. I don't know if there's a' control box say where part of this drainage facility might be. Gary can you answer that question? Do you know what infrastructures at these locations? Smith: No, I.don't Councilman: b4 Rountree: And a,lot of that stuff on tlie`golf course is kind`of an unknown. " We don't have as built plans.; Smith: Right there may be some irrigation lines that we seem to find every time ground is -disturbed outside the right-of-way. I just don't know right off hand.' Corrie: Well we're at 42 days I'm told. .Gigray: You might ask the -developer's representative whether or nofthey'd' be willing to waive;that,to bring it back with that information or not. If they don't, then that means they force the issue for you to make a decision whether you grant (subject to conditions or deny it. Rountree: But.you-are indicating'a-dondition of that nature would — y n I M Meridian City CounA November 17, 1998 Page 10 Gigray: In my opinion and my recommendation, I think a note on the plat makes, it a little easier for subsequent owners to understand when they have a responsibility that they don't readily see by the fact that they are buying a lovely home on a golf course. That's my point. Rountree: There's not a question on that. The question is as it relates to the golf, course lease arrangements. I Gigray: I think it's a valid point that you raise. You're trying to make sure that we're not making a condition or granting a condition of approval that's beyond our authority because of.the lease agreement, and I can't answer your question because I haven't read the lease agreement. Usually possession and the right of possession goes along with that. But if they consent and they don't have a problem with it. Or if there is a right for that that's already present as has been represented by the developer, we may be able to take the position that we can do it anyway. I just haven't researched those particular things and I can't give you an answer. Bird: Can we approve with a condition of that? Can that we a condition on approved? Gigray: It could be. The only thing that bothers me about that is that we're talking about drainage. We're talking about probably the right for them to construct a road. It may be a condition that is imposed on them by the Ada County Highway District if this is a road that is going to be publicly maintained, and if it doesn't have drainage highway districts tend to, get a little nervous about accepting roads and so it just gets to be a bunch of dominoes. , Corrie: Bill did I hear you say something about the right of the developer would waive the 45 — Gigray: I thought you might inquire of the developer of what his position is and certainly he has a right to be informed of what his rights are and that is to have a decision made within the 45 day period. Corrie: Dave? Turnbull: Mr. Mayor and members of the Council, it would seem to me that this is something that really has to be worked out at a staff level anyway and probablyi with some review from legal and public works department. It would be my ' preference that the plats be approved tonight with those conditions in place. I think these are obviously things that are easily worked out and typically we don't work design issues out at the City Council level. That's left up to the staff to take care of. So if the Council feels comfortable with letting staff take care of the I Meridian City Couno November 17, 1998 Page 11 minutia I would prefer that we just move it along and let them do that with the appropriate conditions attached. Gigray: Mr. Mayor can I comment on that? As the City Attorney, I'm certainly willing to do whatever the Council directs and the Mayor directs and of course the developer has indicated his willingness to work with staff. I can tell you that my ' preference as your city attorney is not to do that on final plats, because that's the final action and then these have to come back for your signature and if somebody isn't happy with the note or it doesn't do what they said they were suppose to do and somebody comes back and complains about it, I think it can create a problem. If it's worked out what it's going to say, the final plats approved without conditions I think is a far more preferrable process. But we'll do what you direct. Rountree: I guess I would like to hear David's response to the question about waiving the 45 days for maybe another two weeks. Turnbull: I really don't mind the 45 days so much although we've already been deferred 42 days, which is a rather long deferral anyway. I've never seen a final plat of any sort in any city approved without conditions. There are always condition that have to be worked out. I've never seen you know if we come back here in 120 days and want to get your signature on the final plat and we haven't met those conditions, then it just flat out doesn't get approved, it doesn't get j signed off. If you want to give me plats without conditions I'll be glad to take them, but I've never seen one. I Corrie: I understand that. There is a problem you probably don't see here, but okay. Turnbull: I mean the 45 days isn't a big deal to me. I just don't want to be deferred another 42 days and you know we're just sitting here spinning our wheels over little things that I don't think the Council members would rather have the staff level take care of them. It's obviously entirely up to the Commission. I'm not going to buck you one way or the other on this. I just think it's normal to have conditions placed on a plat and then we go through and work out with your, staff those conditions to their satisfaction. If we don't get their satisfaction, they i comeback to you and say we can't recommend signing the plat, and signing the plat is really the final action. Gigray: Mr. Mayor just a point of information you may clarify with the developer. I don't think you are going to need 45 days. I just wanted to clarify that he has a right to have you make a decision in 45 days. I could assume this could be resolved by the very next meeting. Meridian City Coun* November 17, 1998- Page, 998Page, 12 e Bird: What's the 45 days? The 45 days started October 6th. So we're 42 down We got three more days before he has to extend. Gigray: Correct. Corrie: Well the developer would like to have it done tonight. City Attorney asked that it not have conditions on it, so — Rountree: Mr. Mayor I would move that we approve the final plat conditioned on staffs comments, the resolve of a plat note that would indicate the maintenance of these drainage ponds or basins within the golf course as it relates the homeowners and that the final design of these drainage basins be reviewed ands accepted by the operator of the Cherry Lane Golf Course. Bird: Second. I Corrie: Motion made by Mr. Rountree and second by Mr. Bird that we approve a the final plat with the conditions as stated. Any discussion? Hearing none, all ' those in favor of the motion say aye. MOTION CARRIED: All ayes. r ITEM NO. 2: FINAL PLAT FOR ASHFORD GREENS NO.4 BY BRIGHTON CORPORATION - PORTION OF THE W Y OF THE Y OF SECTION 3, T.3N., } R. IW: Corrie: Staff any additions or comments to this item number? Smith: I have none Mr. Mayor. Stiles: I have none. Corrie: Council any questions? Bentley: I have none. Bird: 1 have none. Corrie: Okay I will entertain a motion on item number two. a Rountree: Mr. Mayor I move that approve the item number two final plat for Ashford Greens No. 4 with subject to the conditions of staff that appropriate language for a note on the plat as it relates to the maintenance and operation of the drainage ponds on the golf course be resolved and placed on the plat and I 1 I s 1 x � ' 0 To: Gary Smith From: Bill Gigray, City Attorney Date: 11-17-98 Re: Agenda Items No. 1 and 2 City Council meeting 11-17-98 RECE D N 0 V 7 .1998 CITY OF MERIDIAN This memo will confirm my advice to you in response to your question I concerning the Ashford Greens Subdivision -waterline extension. The concern you raised was whether or not you should recommend to the City Council that a condition of approval of agenda Items No. 2 and 3 be conditioned on the applicant's compliance with Development Plan for Ashford Greens Subdivisions as -evidenced on Hubble Engineering, Inc. Job No. 93-082-01 Sheet No. 18: " Note 1) W. Ashford Blvd. Is constructed for access to the proposed golf clubhouse. The offsite water main on W. Harbor Pointe Drive shall be constructed at the time of water construction of the Lake at Cherry Lane No. 4 offsite water main on W. Ashford Blvd. Shall be constructed at the time of water line construction in the Lake at Cherry Lane No. 4 or construction of the proposed golf clubhouse whichever comes first. Gravel access road is to be constructed when the water line is j constructed." The property upon which the water line wouldabe constructed and the construction of The Lake at Cherry Lane No. 4 are now owned by Steiner Development not by Brighton who's development plan was approved upon the condition that the note appear on the plan and the construction of the water line be accomplished as provided in the note. It is also my understanding that the above reference agenda items do not relate to the development plan that the note appears even though it is the same developer. 4 I recommend that the City not impose the condition of approval of an', unrelated plat to that note without there having been some condition of plat I approval on the initial plat requiring compliance before any other plats would be approved. The records of approval I have reviewed in the clerk's office do not indicate that there was such a condition imposed. I also am of, the opinion that in the event we should choose to make that a condition of plat approval that the City should consider an ordinance to back such conditions. The City should make that demand to Brighton to perform. If Brighton refuses the City shall still require the placement of the water line by the developer Steiner with the potential of assigning the city's rights or have a declaratory judgement action filed to determine, who has the legal responsibility to put in the line. a r �f P00 CY) ** TX STATUS REPORT ** AS OF OCT 01 '98 15:12 PAGE.01 PUBLIC WORKS DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 27 10/01 15:10 1 208 378 0329 EC --S 02'08" 007 113 OK ---------------------------------------------------------------------------------------- i 200 E. Carton St., Suite 100 I Meridian Public Meridian, Idaho 83642 Phone: (208) 887-2211 Works DepartmentFax (208) 887-1297 - I i a Fax r I To: Lonny Far, P.E., Hubble Engineering From: Bruce Frecideton Fax: 378-0329 Data October 1, 1998 Phone: 322-8992 Pages: Seven w/ Cover Re: Ashford Greens No. 3 and 4 CC: File, Angel Simms ❑ Urgent ❑ For Review ❑ Please Cornrnent X Please Reply ❑ As Requested •Comments: Lonny, Attached herewith are the City of Meridian's staff comments for the proposed final pats of Ashford Greens No. 3 and 4. Please take note of the requirement to respond, General Comment No.6 Thanks From the desk of.. Bruce A lYecketon Assistant to the City sneer Meridian Public Works Dcpartment 200 E. Carlton St, Suite 100 Meridian, Idaho 83642-2600 (208) 887-2211 1 Fax (208) 887-1297 I ' - 'A` w f � r F A .. fi f Ii I F r f 3 y f. �! 1 GJ �- —Lxauc LLeaaa—LOLL:a=s��ss=as=��..=�—�c�t�rsaL f m �s—azo asaLcaaa.—Caaa�>~ae�s��e�z=.m=CELS=—LCL: � 6 f N a N M CO N CO f kk C4 — N — — N -- N -- N -- O---"--.� .� I f tiH Jr. -r mcqrCk N y Q7r N N N N —•— N -- N -- —• -, S � M �N V� sN d� •N d� ---- -------.------- ------ � N Ol ati N o. Q1 N CI1 m N Of G1 N o► CA N Ot c11 � C11 Of ati � i .r. r .r .�. O O O 0 0 0 0 0 0 O O 0 0 0 0 0 0 [} O O O O O O p I f Q LLsa =iassaLLs ��os�s�s�=s=L===sL=pec i 1 f f ch O M OD M 0 t H H N H N ri H N -!L-t4 Ae —^------.. ---._. -- H Q1 N Ve N Ln M M CO —� f aa �..._....._.... `-----------— f 4Id H — 43I o o p o �w m t!� a ��LxLne.—��sa seers az�L�LeL�Ls ca cs aa=Lx�LL: e a o N loo U fie CO O ai Ki+ H a�+ dO aU i f S uC G Q] CLLi�Z� LLZ= -LLS Ci � !� i3�7iQ7CC3 e"�yLS LSL f f } MERIDIAN CITY COUNCIL MEETING: OCTOBER 6 1998 APPLICANT: BRIGHTON CORPORATION ITEM NUMBER: 12? REQUEST: FINAL PLAT FOR ASHFORD GREENS NO.3 AGENCY COMMENTS 1 a CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS I CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: I CITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: fi MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: } ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED EVAL. SHEET CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS i i NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: v k f1 US WEST: 2 I INTERMOUNTAIN GAS: r BUREAU OF RECLAMATION: ' OTHER: All Materials presented at public meetingsshall become property of the City of Meridian. o/ ZI %l F Jty pwnt L) Lnn� FoV t d: /b Afv) I MEMORANDUM: To: Mayor and City Council From: Bruce Freckleton, Assistant to City Engineer C4 Shari Stiles, P&Z Administrator' Re: ASHFORD GREENS NO. 3 By Brighton Corporation (Request for Final Plat approval) LEGAL DEPARTMENT (208) 8844264 P PUBLIC WORKS; BUILDING DEPARTMENT (208) 887-2211' PLANNING AND ZONING DEPARTMENT (208) 88475533 f October 1, 1998 �EcE�D OCT X01 1998: CIF"'Y' CF,MERIDIAN E I We have reviewed this submittal and offer the following comments, as conditions of the final plat. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 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 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 normal, groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with street development plans. k C 4. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. F 6. Please address, in written form, all items contained in this memorandum and submit to the City Clerk's office by 5:00 P.M. of the -Monday prior to the scheduled meeting of the City Council. Prior to development plan approval, three copies of the revised plat must be 4 AshfordIFP.doc t K HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live CITY OF MERIDIAN' Council Members CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD MEMORANDUM: To: Mayor and City Council From: Bruce Freckleton, Assistant to City Engineer C4 Shari Stiles, P&Z Administrator' Re: ASHFORD GREENS NO. 3 By Brighton Corporation (Request for Final Plat approval) LEGAL DEPARTMENT (208) 8844264 P PUBLIC WORKS; BUILDING DEPARTMENT (208) 887-2211' PLANNING AND ZONING DEPARTMENT (208) 88475533 f October 1, 1998 �EcE�D OCT X01 1998: CIF"'Y' CF,MERIDIAN E I We have reviewed this submittal and offer the following comments, as conditions of the final plat. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 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 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 normal, groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with street development plans. k C 4. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. F 6. Please address, in written form, all items contained in this memorandum and submit to the City Clerk's office by 5:00 P.M. of the -Monday prior to the scheduled meeting of the City Council. Prior to development plan approval, three copies of the revised plat must be 4 AshfordIFP.doc t K Mayor, Council and P&Z October 1, 1998 Page 2 reviewed by the Public Works Department for compliance with all conditions of plat approval. SITE SPECIFIC COMMENTS 1. This final plat generally conforms to the approved preliminary plat. ' t 2. Submit detailed landscaping plans for the common areas, including sizes and species of vegetation and details of walkways, for approval prior to signature on the final plat! A letter of credit or cash will be required for these improvements prior to signature on the final plat. All landscaping is to be completed prior to obtaining certificates of occupancy. 3. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. Sidewalk improvements will be required along entire frontage of N. Black Cat Road (Ashford Greens No. 1, 3, and 4) as well as within. development. 4. Sanitary sewer service to this site will be via the existing main that traverses through the development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. F 5. Water service to this site will be via an extension of an existing main that traverses through the development. Applicant will be responsible to construct the water mains to and through this proposed development, as well as the 10" diameter water main connecting the Ashford Greens, development to The Lakes at Cherry Lane development, as shown on sheet 18 of the approved development plans for Ashford Greens Subdivision. This interconnection is needed to provide a more reliable "looped" water, system to this area. With all of the growth in the area, the volume of flows available for fire protection has been deminished. Subdivision designer to coordinate main sizing and routing, with the Public Works Department. ' a 6. All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. ' 7. The developer shall be required to update the pressurized irrigation system O&M manual- to anualto include all phases of this development. A substantially complete copy shall be required prior to development plan approval, and the final complete copy, including as -built drawings shall be required prior to the City's final subdivision approval. "The Real Point of Beginning" shown on the face of the plat doesn't match the corresponding point as noted in the legal description of the Certificate of Owners. Revise the face of the plat to match the legal description. Ashford3FP.doo r i 1 F f Mayor, Council and P&Z October 1, 1998 Page 3 9. The Land Surveyor preparing the plat shall affix his seal, signature and date to the face of the plat. 10. Please provide a detail on the face of the plat that is an exploded view of the lot ;pin configuration for the southeast corner of Lot 16, Block 10. 11. Please add or revise the following plat notes: (1.) Building setbacks and dimensional standards' in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian. (4.) ...21 & 22 Block 10, Lot 1, Block 24, Lot 1, Block 25 which are designated... (6.) ... highest known seasonal normal ground water elevation. r (8.) ... time of resubdivision, (12) A blanket easement shall cover Lots 7, 8, and 21, Block 10, for the benefit of the, City of Meridian for sewer and water mains, and Ada County Highway District for storm sewer mains. 12. Revise the domestic water service origin note in the Certificate of Owners to read: "All lots within this plat will be eligible to receive water service from the City of Meridian's municipal water system, and the City of Meridian has agreed in writing to serve all the lots in this subdivision." 13. Applicant proposes two fairly substantial (80'x 80') drainage ponds, to dispose of public street runoff, on the City owned golf course property. These ponds are adjacent to Lots 9 and 23, Block 10. There are several other existing drainage ponds throughout the golf course under this same scenario, some of which have not functioned properly. Golf course personnel are performing the light maintenance of these ponds. At this time there are no easements in the golf course for the two proposed ponds. Alternative design; or possibly land acquisition for the ponds should be considered. We do not feel that it is appropriate for this developer to pass the responsibility for the maintenance to the golf course. Typically in other developments, the ponds or similar facilities are located within homeowners association owned and maintained common areas. Ashford3.FP.doc P Aw HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT(208) GLENN BENTLEY MERIDIAN, IDAHO 83642 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) vE cFi _ 'V PLANNING AND ZONING DEPARTMENT. KEITH BIRD (208)884-5533 SEP 0 9 1998 CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN `3 1 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:September 29; 1998' TRANSMITTAL DATE: September 8, 1998 HEARING DATE: October 6, 1998 REQUEST: FINAL PLAT FOR ASHFORD GREENS SUB NO. 3 BY: BRIGHTON CORPORATION LOCATION OF PROPERTY OR PROJECT: Portion of W Y2 of the NW %, Sec. 3, T.3N. R.1W. B. M. _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER _CITY FILES MERIDIAN SCHOOL DISTRICT I MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH l NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT I IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) I INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) HUB OF TREASURE VALLEY r(`!4 Mayor � LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (_2 08)884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS BUILDING DEPARTMENT 33 EAST IDAHO � CHARLES ROUNTREE 887-221I GLENN BENTLEY MERIDIAN, IDAHO 8364 'T6 RON ANDERSON Phone (208) 888-4433 • Fax (208) 88�CE��J'(208) PLANNING AND ZONING KEITH BIRD DEPARTMENT S E P j 1 1998 (208) 884-5533 l C'"�' OF MERIDIAN I TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN j 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: (September 29, 19981 TRANSMITTAL DATE: September 8, 1998 HEARING DATE: October 6, 1998 REQUEST: FINAL PLAT BY: BRIGHTON CORPORATION LOCATION OF PROPERTY OR PROJECT: Portion of W Y2 of the NW Y, Sec. 3, T.3N., R.1W., B.M. I TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT ) MALCOLM MACCOY, PIZ MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT 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) I INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) ` XFIRE DEPARTMENT POLICE DEPARTMENT YOUR CONCISE REMARKS: _CITY ATTORNEY I CITY ENGINEER L(_ C0^ -41--D n/ 4 O fs /V -C-o /3-e I CITY PLANNER CITY FILES ,e*00— �,qS ¢ LC%�� s • OAJ L. o f s 8 Q- e 136611e /0 ' IZ-42 a s s! �h% Sty ►� fie 0- N Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST'IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 I �! LEGAL DEPARTMENT' (208) 884!4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 a 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, pleaseA n thyou ommentS and cot mendagn to Meridian City Hall, Attn: Will Berg, City Clerk by: Sepe�2g 99$ TRANSMITTAL DATE: September 8, 1998 HEARING DATE: October 6, 1998 REQUEST: FINAL PLAT FOR ASHFORD GREENS SUB NO. 3 1 BY: BRIGHTON CORPORATION 1 LOCATION OF PROPERTY OR PROJECT: Portion of W % of the NW '/, Sec. 3 T.3N., RAW., B.M. — TAMMY.DE WEERD P/Z MALCOLM-MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, PIZ ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES 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) IDAHO TRANSPORTATI N�,,D��EPARTMENT ADA COUNTY (ANNEXAtfb )';VED YOUR CONCISE /O W a1-orr ' SEP 10 1998 CITY OF MERIDIAN (M MERIDIAN -° ERIDIAN MERIDIAN WATER DEPT. 2235 N.W. 8TH STREET MERIDIAN, IDAHO 83642 (208) 888-5242 FAX: 884 -1159 - September 10, 1998 I recom1nend4hat the offske 10" -inch water main on W.-Har-bor-Point Dr--be-cons#ucted prior to approval of any more phases of Ashford Greens subdivision. The installation of this water main would create a looped system and would help with fife flows as well as water quality. Chip Hudson Asst. Superintendent Meridian -Water Dept— I 0 0 sow tv o ��to H co �din s R m — OD 00 O W rr 471 }+ N N m O H IN R fA (D ------------ w w .A W aA N n G W N W Vi Y O H w H ._.-- -----_-------------- ' k! Q tJl H • W 00 W H a 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 O ry 5D �O w w U, b N 6 {D W tD ;D [n lD b lJt w w to %D W to %A Cy ----------------------------- 0 ._---.-------._........._ -- ---.-- �WHJ b H O H tq Ln iA P Ln En �t+ H 0 ut to v+ v+ to vi z O ►� rn lu ---------- N --' — ._ �— — y._—SL _— J— .. O O O O O O H 1 au to N N r to ..► co O O O O O O N W O O O O O O H O (J1 pQ Z 1 1 + �� • aAY 1 OO .�.x!% p\+•'~:. �\ \\�. lO� X41 1 rT m no s'': i• � ,�, _- \ \\\CCC al4• �71 o �: fJ ri i +• on \ \ �� zr S \ CD 1; i'•����1 �,. �"a�, ago \\ U) CONST. 165.5 LF. 8' WATER MAIN CVF (A op 1 / ;�• Y 11 1/4' BEND (MJ) = c Zrn r� CONST M L.F. D �`\\ OyTO B' WATERR MAIN .y 11 1/4' BEND (MJ) m�� X �C�OPSS \V AV N 6) oi I z 9 �P0 CONST 70.5 L.F. m o G7 8' WATER MAIN C -a m -� n �, C•c ` n VF N A OTO U< \. z z r^ 1 ^0' —EIGHT MILE LATERAL- ACCESS ATERAL ACCESS ROAD $ 1 2 0 z 0* 1 Co C-) -u N 3 m;u ) 10 r oA +� I c 0 rym H N> z, 1 1 'azo CA nv �y 1 1 0 ON tis yz c rT vX m g� 0. 1 In D rti o dZ o 1 r'1 v >, 11 z m,� I z� o o• I I m S7 0 9 r';o I C I _ y A �a ISI N lz m >E:0 C;02�p 0o O o, ZZ2 ZOO{'.000�T1 �8� -I �0 0m m>c zz� z�o m I > m fO;u (0— ,00�N.Z1m ;Jm= i4 2.9 SII I- J Or N Z�� o " I I NNZ O-1_; n00> 0D�O �� A i I �jm Zda =J�+ �c�ZOo o t moy �amD �zC7zD Dom I z 0�N Cn 0Z� >Zmr<- -I 0 1 II I mZZ - 0�z �0, I y o I I r 0 Fr4z0O _ z 9.27• I I <Z� C'(no�r'im(AXr'1Doy m y 1 mF c"'���s���'�0 �, 1F1 con 0 0 rT1�ro-<rM �Z rAi m I 10' �m 2)-0mmo�m�r,N i 10.0' II M In OD- z0o=m I II 1 I ya M.2cnx00>6z r�Cr4 Am Dv�r' u9rn 1 111 D`r1 r 0u�icrnmmcD N c')-Z•�� y Mm fT1 In rp Z `' — v7 FUTURE 10' WATER MAIN o I O N i connrlcENr uPON .consnzucnoN i, OF THE LAKE AT CHERRY LANE NO. 4 �.J- : 1 F r CENTRAL'° CENTRAL DISTRICT HEALTH DEPAR ENT I •• DISTRICT + Environmental Health Division Fi cEIV�i D Return to: 1WHEALTH' .❑ Boise DEPARTMENT SEP 16 1998 ❑Eagle Rezone # CITY Off' MI ERIDUN El Garden City,, 'f!] Meridian Conditional Use ## ❑ Kuna PreliminaryInal Short Plat ZENAd �iP/ F� �yi✓ �r,�. 4 a We have'No Objections to this Proposal. F We recommend Denial of this Proposal. i Specific knowledge as to the exact type of use must be provided before we can comment on this Propo al. E v Wewill require more data concerning soil conditions on this Proposal before we can comment. ' Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of- t.. ❑ high seasonal ground water ❑ waste flow characteristics 1 + + ❑ or bedrock from original grade ❑ other x b. ,This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. I ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. t ❑ 8. After written approval from appropriate entities are submitted; we can approve this proposal for: 1 ❑ central sewage ❑ community sewage system . ❑ community water well ❑ interim sewage ❑ central water ' ❑d"d I ❑• A; ;A I t ❑ 9 Al. in V ua sewage m 1 ua wa er { The following plan(s) must be submitted`to and approved by the Idaho`Department of Health & Welfare, Division'of Environmental Quality: I I +. - ° ❑ central sewage ❑ community sewage system ❑ community water d j I a ❑ sewage dry lines ❑ central water Run-off is not to create a mosquito breeding problem. _. i. ` �( This Department would recommend deferral untilhigh seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed then a s'e'wage system MUST be installed to meet Idaho State Se a I g Y � e g Regulations. r 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 Date: !310�/�� Reviewed By: 7011 x v p CDHD 10/91 rcb, rev. 7191 Review Sheet k, _ r E e CENTRAL Oi 'DISTRICT k ff 'HEALTH k DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375.5211'• FAX 327.8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and prornote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that 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 'I design a stormwater management system that is preventing groundwater and surface water degradation. Manuals thatcould be used for guidance are: 1) State Of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2) Stormwater Best Management Practices Guidebook. Boise Public Works Department, January 1997. Stormwater 3/98:dly I Prepared by City Of ( Serving Valley, Elmore, Boise, and Ada Counties Ada / Boise County Office Ada -WIC Satellite Office Elmore County Office Valley County Office 703 N. 1 st Street 707 N. Armsrong PI, 1606 Roberts 520 E. 8th Street N. Mountain Home, ID 83647 P.O. Box 1448 Boise. ID 83704 Boise, ID 83705 Enviro. Health: 587-9225 McCall, ID. 83638' Enviro. Health: 327-7499 Family Planning: 327-7400 Ph. 334-3355 FAX: 334-33552P Family Health: 587-4407 Ph. 634-7194 Immunizations: 327-7450 WIC: 587-4409 FAX: 634-2174 Senior Nutrition: 327-7460® FAX: 587-3521 WIC: 327-7488 FAX: 327-8500 i J?Bc,E1v-ED SEP 2 1 1998 ORGANIZED 1904 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 1 { 14 Sepi mber 1998 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 City of Meridian 33 East Idaho , Meridian, ID 83642 -^ -� -k{LS RE: Final Plat for Ashford. Greens Subdivision Nos. A3 and 4 1 Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior\to final platting. Contact Donna Moore at 466-78611 for further information. All laterals and wasteways 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. The developer must ' comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & J Meridian Irrigation District. ' � 1 Sincerely, ffHt - 'Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office 15 September 1998 Lonny. R. Fox, P.E. Hubble Engineering, Inc. 9550 West Bethel Court Boise, ID 83709 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 1 FAX # 208-463-0092 a COPYPhones: Area Code 208 COPY OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 J RE: Land Use Change Application for Ashford Greens Subdivision Nos. 3 & 4 I € R 1 Dear Mr. Fox: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements, between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. I If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. . Sincere Donna N. Moore, Assistant Secretary/Treasurer cc:. File Water Superintendent Brighton Corporation City of Meridian enc. - - APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 r E Dear Mr. Fox: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements, between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. I If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. . Sincere Donna N. Moore, Assistant Secretary/Treasurer cc:. File Water Superintendent Brighton Corporation City of Meridian enc. - - APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 r E PcEIvED SUBDIVISION EVALUATION AEET SEPI 2 2 1996 CITY OF MERIDIAN Proposed Development Name ASHFORD GREENS NO. 3 City Meridian Date Reviewed 09/17/98 Preliminary Stage Final XXX Engineer/Developer Hubble Enqr. / Brighton Corporation 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. "N. BLACK CAT ROAD" 1 l "W. USTICK ROAD" "W. TALAMORE BLVD." 1 "N. CALLAWAY PLACE" l "N. WAGGLE PLACE" is approved and shall appear on the plat. .These findings are subject to recordation of the surrounding properties. 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, AGE Y REPRESENTATIVES OR DESIGNEES Gc/ Ada County Engineer John Priester L�;��� � Date 7 i Ada Planning Assoc. Ann Hurley Date 9- I --- j k City of Meridian Representative Date Fire District Meridian Representative Date -- 1 NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !I!! Sub Index Street Index 3N 1W 3 Section NUMBERING OF LOTS AND BLOCKS 0r j -e Vjt'fQ� TR\SUWSM CITY.FRM HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 ■ Fax 208/378-0329 O c URVE October 5, 1998 RFcEN`E D I o l Le Mr. Bruce Freckleton, Assistant to City Engineer OCT 0 6 1998 1 O City of Meridian 0","Y OF MER,IDM 200 E. Carlton, Suite 100 1 Meridian, ID 83642 I �. RE: Ashford Greens No. 3 Dear Bruce: We have received your review comments and will address each comment in the same order as your letter of October 1, 1998 to the mayor and city council: GENERAL COMMENTS 1. All existing irrigation ditches have been piped and we are not aware of any additional piping required. 2. We are not aware of any existing domestic wells or septic systems within this platted area. 3. The requested soil profile and ground water elevation will be provided. 4. According to FEMA maps, Panel #160001 0139C, the area is not within a designated flood plain. 5. Agreed. SITE SPECIFIC COMMENTS 1. OK 2. Agree. 3. Agree. 4. Agree. 5. The developer does not own or control the property over which the 10" water main must traverse. The 10" water main has been stubbed out to the boundary. A meeting has been proposed to include Mike Tanner of Brighton Corporation; Gary Smith, City Engineer; 0 i 77t and a representative of Steiner Development which has a development agreement forkthe subject area to discuss the 10" water intertie as a responsibility of Steiner Development. 6. Agree. 7. Agree. 8. The requested change shall be made. 9. Agree. 10. Detail shall be provided as requested. 11. The requested changes shall be made. 12. Agree. 13. From inception of Ashford Greens project, in conjunction with development of this golf course, City of Meridian officials agreed to the concept of storm drainage swales within the golf course. In regard to the comment that the drainage ponds have not functioned properly, we contend that they have and will function quite well, as designed, during high intensity rain fall. There has been a problem with nuisance water which is being corrected at this time by the developer. These corrections consist of installation of rock trenches in accordance with ACHD approvals. This work to reduce nuisance water problems will also reduce light maintenance to mowing and broadleaf control normally performed in maintenance of large turf areas. i.,onny n. r ox, r.r. LRF/vw/Ashford3 -Freckleton cc: Ms. Shari Stiles, P & Z Administrator 2 All" HUBBLE ENGINEERING, INC. 9tio o�� 9550 W. Bethel Court a Boise, Idaho 83709 SURVEA TRANSMITTAL LETTER FOR: _DELIVERIES PICK UPS r To: rte, , /j I t (t V1 ct t! Attn: 4,14 (208) 322-8992 • Fax (208) 378-0329 DATE /0- !�5- - 96 Job No: �9 8/ - 16 I 00 Project: v WE ARE SENDING YOU: WE ARE PICKING UP Y (-See remarks) _ As Requested _ Attached _ Under Separate Cover, Via FOR YOUR: _ Use Information _ Record Review and Comment _ Bidding — Cost Estimating Approval THE FOLLOWING: Prints) Specifications _ Plan(s) Shop Drawing(s) _, Sample(s) _ Copy of Letter ^ Disk(s) (*See Disclaimer below) Copies Date Sheet No. Description REMARKS: Copy To: _ With Encl. By: With Encl. Signed: r;�;;x� DISK DISI UUMR:(PLEASE READ AND SIGN). ALL USERS OF THIS ELECTRONIC DATA SHALL WARE OF PRECISION, OR LACK OF PRECISION, � THEREIN. WE ARE FORWARDING THIS ELECTRONIC DATA FOR YOUR CONVENIENCE ONLY, NOT AS AN ACCURATE REPRESENTATION OF THE PROPOSED PROJECT. HUBBLE ENGINEERING, INC. IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED DUE TO RELIANCE OF THIS DATA.E HUBBLE USE ONLY: MILES: I TTME:L I DELIVERED: I RECEIVED BY: II 14747 CLIENT COPY 0 Drainage Swale along Silverleaf Way JIWEIvED 0 C T - 6 1998 CITY OF MERIDIAN e*4� Photographed 10/06/98 @ 1:30 P.M. Drainage swale along Talamore Blvd. Looking Northwesterly Currently Under Repair by Brown Const. A, PcElvED 0 C T - 6 1998 CITY OF MERIDIAN Photographed 10/06,198 @ 1:30 P.M.