HomeMy WebLinkAboutElvira Subdivision FPOFFICIALS HUB'OF TREASURE VALLEY."*" .rII
WILLIAM G. BERG, JR., City Clerk �' ' A Good Place to Live
JANICE L. SMITH, City Treasurer - CITY -OF MERIDIAN
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Legal Department (208) 884-4252
ROBERT D. CORRIE
Mayor
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R:' TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P
i.
P & Z COMMISSION
I.
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
MARK NELSON
BYRON SMITH
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: MARCH 31, 1998
TRANSMITTAL DATE: 3/10/98 HEARING DATE: 4/7/98
REQUEST.- Final Plat for Elvira Subdivision, a P.U.D.
BY: Dan Crow
LOCATION OF PROPERTY OR PROJECT: Part of NE '/4 & NW '/a Section 7, T.3N.,
RAE.
JIM JOHNSON, 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
rPOLICE DEPARTMENT
~CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
PARKS DEPARTMENT
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 PLAT)
IDAHO TRANSPORTATION DEPARTMENT
YOUR CONCISE REMARKS:
l I r yr Mr—mlLJIA114
"Hub ofTasure Valley"
310`' - Idaho
Meridian, Idaho 83642.
888-4433 ;
Customer's
Order No. Date —
Name
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Address T� CNI, � l'
Phone:
SOLD BY
CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT
D E S C R I P T 1 0 N
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All claims and returned goods MUST be :accompanied by -this bill. ''
TAX
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TOTAL
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PRINTED IN U.S.A. SOYINK., CC-��
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�. �J•U.B •ENGINEERS;= [NC.,
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' 02 27 �98
25o so6TH BEECHWOOD AVENUE, e �� SUITE 20,1-, BOISE; )0 fl8370M944PHON E (208)=37&?330' U.0 BANK OF IDAHO
�' COEUR D ALENE BRANCH
y � COEUR,OALENE, ID 83816,
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.***FOUR HUNDRED NINETY DOLLARS AND N01100*** - ? $ 490.00
J -U -B ENGINEERS, INC.
CITY OF MERIDIAN
PAY
TO THE
ORDER
OF.
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J -U -B ENGINEERS; Inc.
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1r�,� ENGINEERS -,SUR VEYORS • PLANNERS
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250 South''Be'echwood Avenue, Suite"201--
Boisejdaho 83709-0944
February 27 :1998 �' 208-376-7330,
FAX:208-323-9336
r Mr: -Will Berg, City Clerk �
City`of Mendian, ,
33 East Idaho, Street
Meridian, ID 83642
Dear Mr. Berg: r
RE ELVIRA SUBDIVISION, A P.U.D":
FINALPLAT (Ron Crow),,
Enclosed for your review and processing are the necessary documents as established by the City
of -Meridian Ordinances fora Final, Plat for, the above -referenced subdivision: Aspstipulated by -
said ordi na
ysaidordina"
eplease find enclosed"the following
nc, n
1. 30 copies of the' fora Final Subdivision Plat.
2.: 30 copies of the Final Plat, Sheet =1,=18"x27", at a'scale-of 1" = 100':., ,
3. 3 copies of the -Final Plat signature page, Sheet'2, 18"x27".
5. A check copies of a mound copy of the Final Plat at a`scale of 1" = 3
00'.
t 6f'$490.00 for the Final -Plat application fee from Ron Crow,'Inc..6
6� A copy of a",Purchase•and Sale Agreement showing that Ron Crow has a -vested interest in �
the property.
7. 4 sets of Improvement .Plans; Sheets 1, through 9, dated March 2, 1998:
8.'' A copy of the Ada County Evaluation Sheet approving the public street names:
,Also,, per City, requirements, on behalf of the 'owner, Ron Crow, we wish to make a'Statement of
Compliance as follows:
1.
Streets,
usgsidewalks
will be St�a rds as required_ by Ada
CountYHighway District and Meridian CityEngneer -
will determine
dimensions All sidewalks Witt -be five' (5) feet in -width. -
2 " The -proposed use of "this `development is. in conformance with the City of'Meridian
Comprehensive Plan.
�3`. This development will'connect`to City services.
4. this development will complywith City Ordinances. -
5. This, Final Plat is in conformance with -the approved Preliminary Plata
The street name's are'as_approved by�the Ada County.Street Name Committee and wills.not,`
conflict with the City of Meridian grid system:'; z =
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�� •`�,
Mr. Will Berg, City Clerk
February 27;,1998 �.
Engineers , Surveyors ,' 'Planners 1
_
Page -2'
x
} Please review the enclosed information and, schedule
for the next -available City'CounciIUeef ng
Also, Improvement Plans are -included for reviewty-,the'
Public Works Department. ' If. you require '
additional information;please call
f
,Sincerely, ` r
_.. J U=B ENGINEERS-Anc:
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R. Scott Stanfield, E I.T.
F
Assistant Engineer'
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Enclosures
cc: Gary A: Lee;.P.E:/L.S.,- and 'Project- Manager
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I Mr -AL MO IA I t VL1KI:MHSt HND SALE AGREEMENT
AND RECEIPT FOR MONEY
z 21
' 3 frAAM _ !S IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, READ RE DOCUMENT, INCLUDING THE GENERAL PRINTED
4 VISIONS AND ATTACHMENTS. IF YOU HAVE ANY QUESTIONS BEFO NTNG, CONSULT YOUR ATTORNEY OR ACCOUNTANT. avmwy
5 ID# 11566 - DATE 'TuesdaY, �t_ :ohm, >I99�
r. REAL ESTATE OFFICES:
.. 7Listing Agency MLS# Selling Agency, MLS#
a Listing Agent Name MLS# Selling'Agent Nam I. MLS#
9 Phone #a
Phone
to 2. BUYER AND LEGAL DESCRIPTION:
11 Ronald t Crowan ung t�nereon & or A it (Hereafter called "Buyer")
12 agrees to purchase, and the undersigned Seller agrees to sell the following described real estate hereinafter referred to as "premises" commonly known as
13 lcgal to he attached City Merldlan County Ada Idaho, Zip
14 legally described as: to hto h
15 —
i6 3. TOTAL PURCHASE PRICE: One Hundred Ten Thai - sand DOLLAR,
17 $ $110,000 payable upon the following TERMS AND CONDITIONS (Not including closing costs):
t8 4. FINANCIAL TERMS: (Note: A+C+D+E+F+G should add up to (or be equal to) total purchase price, except for 100% financing)
19 551111 A. EARNEST MONEY: Buyer hereby deposits Five Hundred DOLLARS as Eames
20
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27
28
30
31
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35
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37 s0
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63� X101,500
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Money evidenced by: ❑ cash ❑ personal check ❑ cashier's check ® note due ❑ other
and a receipt is hereby acknowledged. Earnest Money to be deposited In trust account upon acceptance by all parties and shall be held t
❑ Listing Broker ❑ Selling Broker ® other for the benefit of the parties hereto, and
nla (Broker) shall hold the completely executed Broker's copy of this Agreement.
The responsible Broker shall be n/a
B. ALL CASH OFFER: ❑ YES ®NO If this is an all cash offer do not complete lines 28 through 62, fill blanks with N.A.
C. NEW LOAN PROCEEDS: This Agreement contingent upon Buyer obtaining FHA ❑ VA M CONVEN ❑ IHA ❑ RECD
❑ OTHER FIRST LOAN of $ not including mortgage insurance, with
interest not to exceed % for a period of year(s) at: ❑ fixed rate ❑ otherr Buyer
shall pay no more than point(s) plus origination fee if any. Seller shall pay no more than Point(s). Any reduction
points shall first accrue to the benefit of the ® Buyer ❑ Seller ❑ Divided Equally Buyer shall apply for such loan within
business day(s) after Sellers acceptance. Within $1 business day(s) of SELLER'S acceptance BUYER agrees to furnish
SELLER with a written loan commitment showing lender approval of credit report, income verification, debt ratios and subject only
to satisfactory appraisal and final lender underwriting. If such written commitment is not received by SELLERS within the strict time
allotted, SELLERS may at their option cancel this agreement by notifying BUYERS in writing of such cancellation. If an appraisal is
required by lender, the property must appraise at not less than purchase price or BUYER's Earnest Money may be returned at BUYER's
request.
D. EXISTING LOAll This Agreement is contingent upon[] the Assumption of or ❑ Subject to the following loans, if any:
❑ FIRST LOAN of approximately payable at (including PI) per month, with
interest currently at ❑ fixed rate ❑ other Assumption Fee, if any, not to exceed
❑ SECOND LOAN of approximately payable at (including PI) per month, with interes
currently at ❑ fixed rate ❑ other Assumption Fee, it any, not to exceed
Seller shall within business day(s) of acceptance provide Buyer with copies of all notes and deeds of trust or mortgages to be
assumed or taken subject to. Within business day(s) of receipt thereof Buyer shall in writing notify Seller of his/her approval or
disapproval of such terms of the aforementioned documents. Seller shall furnish Buyer a current loan information statement of the above
loans) within business days) of acceptance. In the event of Assumption, Buyer shall use his/her best efforts to obtain the consent
of the lender of record to assume the above loan(s) within business day(s) of acceptance, or waive this condition in writing.
All charges related to such assumption shall be paid by the ❑ Buyer ❑ Seller ❑ Shared Equally.
❑ ASSUMPTION of FHANA Loan with Release of Liability. Buyer shall assume Sellers
potential indemnity liability to the U.S. Government for the repayment of the'loan. Buyer is also qualified and
❑ will or ❑ will not reinstate Setters eligibility.
E. SELLER TO CARRY: ❑ FIRST LOAN ❑SECOND LOAN ❑ OTHER LOAN.
Buyerto execute: ❑ a Contradfor Deed or ❑ anoteseaiedbya ❑ DeedofTrustor ❑ Mortgageonthe nfawrofSeler
PmP�ty
for the balance of payable at per month, including interest at per annum
for years and with the entire balance due— year(s) from date of note or contract for deed.
The entire balance of ban is due and payable upon sale or transfer of property: (]YES ❑ NO
FINANCIAL STATEMENT: Wthin day(s) of acceptance, Buyer shall furnish Seller: ❑ a current financial statement
❑ credit report or ❑ both, I for the sole purpose of credit approval, which approval shall not be unreasonably withheld. Buyer
authorizes Seller to engage the services of a reputable credit reporting agency for this purpose at Buyers expense and Seller shall
notify Buyer within — day(s) of receipt of financial statement and/or credit report, of approval or disapproval dBy/asaedthwttg
F. ADDITIONAL FINANCIAL TERMS:
N Additional financial terms are specified under the heading "ADDITIONAL TERMS AND CONDITIONS" (Section 4).
❑ Additional financial terms are contained in an addendum of same date, attached hereto, signed by both parties.
G. APPROXIMATE FUNDS DUE AT CLOSING: Cash at closing, not including closing costs, to be paid by Buyer at closing
in GOOD FUNDS, which includes: cash, electronic transfer funds, certified check or cashiers check. Any net difference between the
approximate balances of the loans shown above, which are to be assumed or taken subject to, and the actual balances of said loans at
closing of escrow shall be adjusted in ® Cash ❑ Other:
Buyer and Seller acknowledge receipt of copy of this page, which consilitutes Page 1 of 4 Pages.
Buyer's Initials (a _)( ) Seller's Initials )()
This form is printed and distributed by the Ada CounAssociation of REALTORS®ops , Inc. f Idaho Association of REALTORSO, Inc. This fhis been designed for and
is provided only for use by real estate professionals icensed by the Idaho Real Estate Compassion Mtw are also members of the National Association of REALTORS*
USE BY ANY OTHER PERSON IS PROHIBITED.
Copyright Ada County Association of REALTORS®, Inc. !Idaho Association of REALTORS®, Inc. A8 rights reserved.
PURCHASE& SALES AGREEMENT (RE21)-PAGE 1
Computer forms by RealStats, Inc. 208-3764000
75 4, FINANCIAL TERMS:'( CONTINUED)
76 OCCUPANCY: Buyer p does ® does not inend to occupy as Buyer's primary residence.
77 A / VA. If applicable, it is expressly agreed that notwithstanding other provisions of this contract, Buyer shall not be obligated to
78 complete the purchase of the property described herein or to incur any penalty or forfeiture of Earnest Money deposits or otherwise unless Buyer
has been given In accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner, Veterans
,o Administration or a Direct Endorsement lender setting forth the appraised value of the property of not less than the sales price as stated in the
81 contract. Buyer shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the
82 appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban
83 Development will insure. HUD does not warrant the value or the condition of the property. Buyer should satisfy himselffnerself that the price
84 and condition of the property are acceptable. It is agreed that any dem included in section 6 is of nominal valueless than $100.
85 5. ADDITIONAL TERMS AND/OR CONDITIONS:
86 11 Ruyer isplanning to rezone Xc develop property upon which this offer is Contingent F'
87 2)Seller will cpnperate fully to allow development
88 3)-Bnat-price-will he determined hetwcen RuyerC C •1_,_t�1�r when apprajgaI has been completed for fileyelopmcint Inan. It is Ruyt;.i
89 intmtimLtO_pay_Seller arip ce equal to an appraisers estimate nfvnlue of the har / to les eloped/unimpraved property
90 4"uyer will pay Seller each from th proceeds of a -nnctr r tion Inan if development is completed in two phases Seller will h
91 paid in two draw from the recnective constructitin loans
92
93 6. ITEMS INCLUDED IN THIS SALE: All existing fixtures and,frttings that are attached to the property are INCLUDED IN THE PURCHASE
94 PRICE (unless excluded below), and shall be transferred free of liens. These include, but are not limited to, all attached floor coverings, attached
95 television antennae, satellite dish and receiving equipment, attached plumbii bathroom and lighting fixtures, window screens, screen doors, stom
96 windows, storm doors, window coverings, garage door opener(s) and A transmitter(s), exterior trees, plants or shrubbery, water heating
97 apparatus and fixtures, attached fireplace equipment, awnings, ventilating, cooling and heating systems, built-in and "drop-in" ranges (but excepting
98 all other ranges), fuel tanks and irrigation fixtures and equipment, and any and all, if any, water and water rights, and any and all, if any, ditches and
99 rights that are appurtenant thereto that are now on or used in connection with the premises and shall be included in the sale unless otherwise provic
100 herein. The following additional items are specifically:
101 A. INCLUDED IN THIS SALE:
tot
103
104 B. EXCLUDED IN THIS SALE:
105
107 7. SELLER'S PROPERTY DISCLOSURE FORM: If required by Title 55, Chapter 25 Idaho Code Seller shall within ten (10) days after
108 execution of this Agreement provide to Buyer "Settees Property Disclosure Form" or other acceptable form.
109 Buyer has received the "Settees Property Disclosure Form" or other acceptable form prior to signing this Agreement: ❑ Yes ® No.
110 B. LEAD PAINT DISCLOSURE: The subject property (3 is ® is not defined as'Target Housing" regarding lead-based paint or
1 t 1 lead-based paint hazards. If yes, BUYER hereby acknowledges the following: (a ) BUYER has been provided an EPA approved lead-based
112 paint hazard information pamphlet. ( b ) Receipt of Setter's Disclosure of Information and Acknowledgment Form and have been provided with
113 all records, test reports or other information, if any, related to the presence of lead-based paint hazards on said property. ( c ) That this contract
114 is contingent upon Buyer's right to have the property tested for lead-based paint hazards to be completed no later than
115 or the contingency will terminate. ( d ) That BUYER hereby ® waive p do not waive this right. ( e ) That, if test results show unacceptable
116 amounts of lead-based paint on the premises, BUYER has the right to cancel the contract subject to the option of the SELLER (to be given
117 in writing) to elect to remove the lead-based paint and correct the problem which must be accomplished before closing. (f) That , if the
118 contract is canceled under this clause, BUYER'S earnest money deposit will be returned to BUYER.
119 9. TITLE CONVEYANCE: Title of SELLER is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and
120 insurable except for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and
121 Jordinances of any governmental unit, and rights of way and easements established or of record. Liens, encumbrances or defects to be discharged
122 by SELLER maybe paid out of purchase money at date of closing. No liens, encumbrances or defects, which are to be discharged or assumed by
123 BUYER or to which title is taken subject to, exist unless otherwise specified in this Agreement.
124 10. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings, which are in any
125 way connected with this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party reasonable
126 costs and attorney's fees, including such costs and fees on appeal.
127 11, EARNEST MONEY DISPUTE / INTERPLEADER: Notwithstanding any termination of this contract, BUYER and SELLER
128 agree that in the event of any controversy regarding the Earnest Money and things of value held by Broker or closing agency, unless mutual
129 written instructions are received by the holder of the Earnest Money and things of value, Broker or closing agency shall not be required to take
any action but may await any proceeding, or at Brokers or closing agency's option and sole discretion, may interplead all parties and deposit
any monies or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney's fees.
I
132 12. COVENANTS, CONDITIONS AND RESTRICTIONS (C.C.& R.'S): BUYER Is responsible to obtain and review a copy of
133 .the C.C.& R.'s (if applicable). BUYER has reviewed C.C.& R.'s. O Yes p No ® Not Applicable (NA)
134 13. SUBDIVISION HOMEOWNER'S ASSOCIATION: BUYER is aware that membership in a Home Owner's -Association may be
135 required and BUYER agrees to abide by the Articles of Incorporation, By -Laws and rules and regulations of the Association. BUYER is further
136 aware that the Property may be subject to assessments levied by the Association described in full in the Declaration of Covenants, Conditions
137 and Restrictions, BUYER has reviewed Homeowner's Association Documents: p Yes p No p Not Applicable (NA).
138 Association fees/dues are per
139 14, RISK OF LOSS: Prior to closing of this sale, all risk of loss shall remain with SELLER. In addition, should the premises be materially
t40 damaged by fire or other destructive cause prior to closing, this Agreement shall be voidable at the option of BUYER.
141 15. BUSINESS DAY: Monday through Friday, excluding Saturday and Sunday, and excluding holidays as defined in Idaho code, Section 67-5302
143
1 44
145
146 -
147
Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 2 of 4 Pages.
Buyer's Initials( kC )( ) Seller's Initials (_Pe)(
This form is printed and distributed by the Ada County Association of REALTORSO, Inc. / Idaho Association of REALTORS®, Inc. This form has been designed for and
is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who aro also members of the National Association of REALTORSO
USE BY ANY OTHER PERSON IS PROHIBITED.
Copyright Ada County Association of REALTORS®, Inc. / Idaho Association of REALTORS®, Inc. AN rights
reserved.
148 PURCHASE & SALES AGREEMENT (RE21 ) - PAGE 2 Computer forts by RealStats, Inc. 208-3764000
152 16. INSPECTION: BUYER chooses ❑ to have inspection; M not to have inspection. BUYER shall have the right to conduct
153 ins ^ 'ons, investigations, tests, surveys and other studies at BUYER'Ssa- If BUYER chooses not to have inspection skip
154 li to 171. BUYER shall, within —0— business day(s) corn ese Inspections and give to SELLER written notice
155 o disapproved of. BUYER is strongly advised to exercise these rig d to make BUYER's own selection of professionals
56 with appropriate qualifications to conduct Inspections of the entire property. BUYER's acceptance of the condition of the property
is a contingency of this Agreement.
,,,d SATISFACTION/REMOVAL OF INSPECTION CONTINGENCIES: A
159 1. If BUYER does not within the strict time period specified give to SELLER written notice of items disapproved of, BUYER
160 shall conclusively be deemed to have: (a) completed all Inspections, investigations, review of applicable f.
161 documents and disclosures; (b) elected to proceed with the transaction and (c) assumed all liability, responsibility and expense
162 for repairs or corrections other than for items which SELLER has otherwise agreed in writing to repair or correct. 6
163 2. If BUYER does within the strict time period specified give to SELLER written notice of items disapproved of, BUYER shall provide to SELLER
164 "pertinent section(s) of written home Inspection. SELLER shall have 0 business day(s) in which to respond in writing:'
165 3.If SELLER does not respond within the strict time period specified, BUYER shall have n business days) (after receipt
166 of SELLER's response, or after the expiration of the time for SELLER to respond, whichever occurs first) to cancel this Agreement in writing.
167 4. If BUYER does not give such written notice of cancellation within the strict time periods specified, BUYER shall conclusively
168 be deemed to have elected to proceed with the transaction without repairs or corrections other than for items which SELLER has
169 otherwise agreed in writing to repair or correct.
170 SELLER shall make the property available for all Inspections. BUYER shall keep the property free and clear of liens; indemnify and
171 hold SELLER harmless from all liability, claims, demands, damages and costs; and repair any damages arising from the Inspections.
172 No Inspections may be made by any governmental building or zoning inspector or government employee
173 without the prior consent of SELLER, unless required by local law.
174 17. FINAL VERIFICATION OF CONDITION: BUYER shall have the right to make a final Inspection of the property
175 approximately D day(s) prior to close of escrow, not as a contingency of the sale, but solely to confirm that: (a) repairs
176 have been completed as agreed in writing by BUYER and SELLER, (b) SELLER has complied with SELLER's other obligations, and
177 (c) the property is otherwise in substantially the same condition as on the date of acceptance of the offer, unless otherwise
178 agreed in writing.
179 18' COSTS PAID BY: Costs in addition to those listed below may be incurred by BUYER and SELLER unless otherwise agreed
180 herein, or provided by law or required by lender, or otherwise stated herein. The below costs will be paid as indicated. Some
181 costs are subject to loan program requirements. SELLER agrees to pay a maximum of D
182 lender/appraiser inspection required costs.
183 Shared Not Shared Not
184 Buyer Safe, Equally Applicable Buyer Seller Equally Applicable
+^
Appraisal Fee
O
O
O
O
Title Ins. Lender's Extended ALTA
O
O
O
O
Closing Escrow Fee
O
O
W
O
Title Ins. Owner's Extended Policy
O
O
O
O
187
Contract Preparation
O
O
O
O
Title Ins. Standard Policy
O
O
O
O
'18a
Document Preparation
O
O
•O
O
Septic Inspection
O
O
O
O
189
Flood Certification Fee
O
O
O
O
Septic Pumping
O
O
O
O
190
Flood Tracking Fee
(D
O
O
O
Survey
O
O
O
O
191
Loan Assumption Fee
O
O
O
O
Well Inspection
O
O
O
O
192
Tax Service Fee
O
O
O
O
O
O
O
O
193 19. TITLE INSURANCE:
194 ( A ) TITLE COMMITMENT: Prior to closing the transaction, ❑ SELLER or ® BUYER shall furnish to BUYER a
195 commitment of a title insurance policy showing the condition of the title to said premises. BUYER shall have n/a business
196 day(s) from receipt of the commitment or until twenty-four (24) hours prior to closing, whichever is the less, within which to
197 object in writing to the condition of the title as set forth in the commitment. If BUYER does not so object, BUYER shall be
198 deemed to have accepted the conditions of the title. It is agreed that if the title of said premises is not marketable, or cannot
199 be made so within n/a business day(s) after notice containing a written statement of defect is delivered to SELLER,
200 BUYER's Earnest Money deposit will be returned to BUYER and SELLER shall pay for the cost of title insurance cancellation fee,
201 escrow and legal fees, if any.
202 ( B ) STANDARD TITLE POLICY: SELLER shall within a reasonable time after closing furnish to BUYER a title insurance
203 policy in the amount of the purchase price of the premises showing marketable and insurable title subject to the liens,
204 encumbrances and defects elsewhere set out in this Agreement to be discharged or assumed by BUYER.
205 ( C ) LENDER'S ADDITION (ALTA POLICY): The lender will require that BUYER (Borrower) furnish an Extended
206 Coverage Lenders Addition (ALTA) Policy. This extended coverage lenders policy will cover those claims against the properly
that may have become legal obligations before the purchase of the home and yet may not be public record until after the purchase.
207 ( D ) EXTENDED COVERAGE TITLE POLICY: A standard policy of Idle insurance does not cover certain potential
208 roblerns or risks such as liens I e. a legal claim against remises for payment of some debt or obligation),bounds disputes,
209 p ( 9 9 P P Y boundary
claims of easement and other matters of claims if they are not of public record at time of closing. However, under Idaho law, such
2t9
potential claims against the premises may have become legal obligations before the purchase of the home and yet may not be
of public record until after the purchase. It is recommended that BUYER talk to a title insurance company about what it offers
21z
213 in the way of extended coverage. Extended Coverage Title Policy requested ❑ Yes or E No
214 Additional premium paid by: ❑ BUYER p SELLER.
215 ( E ) The parties agree that pienenr Title Company shall provide title policy and preliminary report of commitment.
216 20. COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which is deemed to be an original hereof,
217 and all of which shall together constitute one and the same instrument.
218 21. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the parties respecting the matters herein set forth and
219 supersedes all prior Agreements between the patties respecting such matters. No waranties, including, without limitation, any warranty of
220 habitability, agreements or representations not expressly set forth herein shall be binding upon either party.
221 22. FACSIMILE TRANSMISSION: Facsimile transmission of any signed original document, and retransmission of any signed facsimile
222 transmission shall be the same as delivery of an original. At the request of either party or the Closing Agency, the parties will confirm facsimile
Y23 transmitted signatures by signing an original document.
224 BUYER and SELLER acknowledge receipt of copy of this page, which constitutes Page 3 of 4 Pages.
BUYER's Initials SELLER's Initials ( e L )
,226 TMs form is printed and distributed by the Ada County Associabon of REALTORSO, Inc. I Idaho Association of REALTORS®, Inc. This form has been designed for and
227 is provided only for use by .at ..Late professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORSO
228 USE BY ANY OTHER PERSON IS PROHIBITED.
22g Copyright Ada County Association of REALTORS®, Inc. I Idaho Association of REALTORSrD, Inc. Ag rights
reserved.
230 PURCHASE & SALES AGREEMENT ( RE21 ) - PAGE 3 Computer forms by RealStats, Inc. 208-3764000
232 co. ucrHUL.I . a auyer oerawts In the performance of this Agreement, Seller has the option: (1) accepting the Earnest Money as liquidated
2:13 daim s or (2) pursuing any other lawful right er remedy to which Seller m entitled. If Seller elects to proceed under (1), Seller shall make
234 de#pon the holder of the Earnest Money, upon which demand said hhall pay from the Earnest Money the costs incurred by Sellers
235 Br behalf of Seller and Buyer related to the transaction, including, w imitation, the costs of title insurance, escrow fees, credit report
'6 fees, inspection fees and attorney's fees; and said holder shall pay any balance of the Earnest Money, one-half to Seller and one-half to Sellers
Broker, provided that the amount to be paid to Seller's Broker shall not exceed the Broker's agreed to commission. Seller and Buyer specifically
--d acknowledge and agree that if Seller elects to accept the Earnest Money as liquidated damages, such shall be Sellers sole and exclusive remedy, anc
239 such shall not be considered a penalty or forfeiture. If Seller elects to proceed under (2), the holder of the Earnest Money shall be entitled to pay the
240 costs incurred by Sellers Broker on behalf of Seller and Buyer related to the transaction, including, without limitation, the costs of brokerage fee, title
241 insurance, escrow fees, credit report fees, inspection fees and attorney's fees, with any balance of the Earnest Money to be held pending resolution of
242 the matter. If Seller defaults, having approved said sale and fails to consummate the same as herein agreed, Buyer's Earnest Money deposit shall be
243 returned to him/her and Seller shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, brokerage fees and attorney's
244 fees, if any. This shall not be considered as a waiver by Buyer of any other lawful right or remedy to which Buyer may be entitled.
245 24. SALES PRICE INFORMATION: The parties to this Agreement acknowledge that sales price information compiled as,a result of this
246 Agreement may be provided to the County Assessor's Office by either party or by either party's Broker.
247 25. TIME IS OF THE ESSENCE IN THIS AGREEMENT.
248 26. ACCEPTANCE: Buyer's offer is made subject to the acceptance of Seller on or before (Date) 1013/96 and (Time)
249 If Seller does not accept this Agreement within the time specified, the entire Earnest Money shall be refunded to Buyer on demand.
250 27. CLOSING: On or before the closing date, Buyer and Seiler shall deposit with the closing agency all funds and instruments necessary to complete
251 the transaction. The closing date shall be no later than
252 The parties agree that the "closing agency" for this transaction shall be - -inn - Titl
253 If a Ion -term escrow/ collection is involved, then the long-term escrow holder shall be rile
254 28. POSSESSION: Buyer shall be entitled to possession ®upon closing or - pother —"Closing" means the date on
255 which all documents are either recorded or accepted by an escrow agent and the sale proceeds are available to Seller. Property taxes and water
256 assessments (using the last available assessment as a basis), rents, interest and reserves, liens, encumbrances or obligations assumed and utilities
257 shall be pro -rated as of closing Buyer shall pay for fuel in tank, amount to be determined by the supplier at Seller's expense
258 29. SPECIAL CONSIDERATIONS AND CONTINGENCIES: This Agreement is made subject to the following special
Y59 considerations and/or contingencies which must be satisfied prior to closing:
260
261
262 30. REPRESENTATION CONFIRMATION:
263 In this transaction, the brokerage(s) involved had the following relationship(s) with the BUYER ('agent' or'nonagent' or 'limited dual agent'):
Listing broker acted as a(n) for the BUYER.
265 Selling broker acted as a(n) for the BUYER.
266 In this transaction, the brokerage(s) involved has the following relationship(s) with the SELLER ('agent' or 'nonagent' or 'limited dual agent'):
267 Listing broker acted as a(n) for the SELLER.
268 Selling broker acted as a(n) for the SELLER.
269 Each party signing this document confirms that he or she has received, read and understood the Agency Disclosure Brochure and
270 has elected the relationship confirmed above. In addition, each party confirms that the broker's agency office policy was made
Y71 available for inspection and review. EACH PARTY UNDERSTANDS THAT HE OR SHE IS A'CUSTOMER' AND IS NOT REPRESENTED
272 ❑ SEE ATTACHED BUYER'S ADDENDUM(S) (Specify number of Buyer addendum(s) attached.)
e
273 31, BUYER'S SIGNATURES: ',
274 Buyer Signatur�p�,. Buyer Signature
275 Buyer (Print Name) Ronald LCrow, an unmarried person Buyer (Print Name) & or Assigns
276 Date Time Phone # Date Time Phone #
277 Address Address
278 City State Zip City State ID Zip
279 32. SELLER'S SIGNATURES:
280 On this date, Wve hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all the terms
thereof on the part of the Seller. VWe further acknowledge receipt of a true copy of this Agreement signed by both parties.
2ba ❑ SIGNATURE(S) SUBJECT TO COUNTER OFFER p SEE ATTACHED p SEE ATTACHED SELLERS RIGHT TO
263 ❑ SEE ATTACHED COU ER OFFERS) SELLER ADDENDUM CONTINUE TO MARKET PREMISES
284 Seller Signature /t c -J � r��� Seller Signature
285 Seller (Print Name) _� tiTH L (D" UJ Seller (Print Name)
286 Date yU Time Phone # Date Time Phone #
287 Address Address
288 City State ZiP City State Zip
289 33. BUYER'S ACKNOWLEDGMENT OF RECEIPT OF FINAL COPY BEARING ALL SIGNATURES:
290 A true copy of the foregoing Agreement, signed by the Seller and containing the full and complete description of the premises,
291 is hereby receiv�l on this day of d9Gt Illi-- . '19-76
292 BUYER: sP (its,.. BUYER:
Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 4 of 4 Pages.
294 BUYER'S INITIALS (� )( ) SELLER'S INITIALS (. 2 )
295 This form is printed and distributed by the Ada Coul Association of REALTORSO, Inc. / Idaho Association of REALTORSO, Inc. This form has been designed for and
296 is provided only for use by real estate professionals censed by the Idaho Real EtUte Commission who are also members of the National Association of REALTORSO
297 USE BY ANY OTHER PERSON IS PROHIBITED.
29a Copyright Ada County Association of REALTORS®, Inc. / Idaho Association of REALTORS®, Inc. AN rights reserved.
299 PURCHASE & SALES AGREEMENT ( RE21) - PAGE 4 Computer forms by RealStats, Inc. 208-3764000
qk
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A,
Commencing at the Nh corner of Section 7, Township
3 North, {Range i iast,"Boise Mer idian,`'Ada'County ° '�' -^0 i
Idaho; .
Thence running South 0°12'37" East a distance
eofr803.38.feet,to the REAL POINT OF BEGINNING;
Thence'East 301.00 feet to a point;
Thence South 0°12137" East a distance of 883.00
feet to„a point; r
} a� Thence West" 301.00 feet to a point; f
Thence South 0°12137" East a distance of 287.65
feet to a point; t
Thence South 89039'40" West a distance of 151.55
feet to a point;
Thence North 285.96 feet to a brass cap marking
boundary of Meridian City Limits;
Thence North 037'05" East a distance of 640.30
feet to a point; f
Thence North 36021'23" East a distance of 237.08
feet to a point; I
Thence North 0012137" West 54.38 feet to the REAL
f•„POINT, OF BEG INNING .a
Y, .. •,Together with:all wateir and water rights, ditch
,,and,.ditch rights appurtenant thereto.
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PROMISSORY MOTE
Secured by DEED OF TRUST
g .... 500._00 ............... ... Boise...... Idaho, ............. October..1, 19 .96.
........................., .......
We/I promise to pay to the order of .......
...........................................................
................ :.............................................. Payee(s), at ..................Meridian Idaho,
or at such other place as Paye(s) may designate in writing.................................
...................................
Five Hundred and no/100 - - - Dollars,
................................................................................................
payable in lawful money of the United States of America, with interest thereon in like money, from'and after
......•................ ....... until paid, at the rate of ....... ...... - ...... ...... ............. per cent per annum.
Principal and interest to be paid as follows:
To be paid in full on or before date of closing as per purchase agreement
#11566 dated October 1, 1996.
a
less otherwise specified hereinabove; each payment shall be credited first on interest then due and the remainder'on princiipal; and
... terest shall thereupon cease upon the principal so credited.
I
On default in the payment of this note or in the performance of any obligation in any instrument securing or collateral to it, the unpaid
principal balance and earned interest on this note shall become immediately due at the election of Payee.
Maker and each surely, endorser, and guarantor waive all demands for payment, presentations for payment, notices of intention to
accelerate malurily, notices of acceleration of malurity, protests, and notices of protest. It this note or any instrument securing or
collateral to it is given to an attorney for collection or enforcement, or if suit is brought for collection or enforcement, or if 11 is collected
or enforced through probate, bankruptcy, or other judicial proceeding, then Maker shall pay Payee all costs of collection and
enforcement, Including reasonable attorney's fees and couri costs, in addition to other amm•nls due.
Interest on the debt evidenced by this note shall not exceed the maximum amount of nonusurious interest that may be contracted for.
taken, reserved, charged, or received under law; any interest in excess of that maximum amount shall be credited on the principal of the
debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess shall be cancelled
automatically as of the acceleration or prepayment or. If already paid, credited on the principal of the debt or, if the principal of the debt
has been paid, refunded. This provision overrides other provisions In this and all other instruments concerning the debt.
This Note Is secured by a Deed of Trusl of even dale.
.............:.....................................
tmnald L. Crow
DUE DATE: ..... as per purchase agreement
11566.....................................................................
Maker(s)
DO NOT DESTROY THIS NOTE: When paid in full, this Note, with Deed of Trust securing
same, must be given to Trustee for cancellallon before reconveyance will be made.
LGRU8i_iIR_ AVE
FAIRVIEW AVE — U. S HWY 30
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VICINITY MAP
SCALE: V-300'
J -U -B ENGINEERS; Inc.
250 South Beechwood Avenue, Suite 201 Boise, ID 83709-0944
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RE:7�-Nr)
HEART OF IDAHO'S HUB CITY OF
DAIRYLAND CITY OF MERIDIAN TREASURE VALLEY
33 E. Idaho Ave. - (208) 888-4433
Meridian, Idaho 83642
A Good Place to Live
FARMERS & MERCHANTS 333 0 9
STATE BANK 92-151
MERIDIAN, IDAHO 1241
33309
DATE AMOUNT
CITY CLERK
PAY. TO THE' MC<)PE,F1 LZ3, INC— -
ORDER OF ' ' I "�
MAYOR'
NOT NEGOTI L
TREASURER
1140 3 3 30911' 1:1 24 10 LS &31:500047013II!0 L
-PAY:
MdCafe-0/- 'les
REQUESTED BY:
CHECK NEEDED BY:1�10-11�4
ACCOUNT NUMBER:
MAIL OR RETURN CHECK TO:
DESCRIPTION AMT
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a6-V 6) -?3 7 /L
FORMCKRIQ.WKS) CHECK TOTAL
F
4
' MERIDIAN CITY COUNCIL MEETING: NOVEMBER 4
1998
APPLICANT: RON CROW
ITEM NUMBER: 1
REQUEST: DEVELOPMENT AGREEMENT FOR STERLING CREEK
AGENCY
COMMENTS
CITY CLERK:
SEE ATTACHED AGREEMENT
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
f�
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
12;5;0 4 � J
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
8/10/98
DEVELOPMENT AGREEMENT
IRWETvED
AUG 2.0 1998
CITY OF MERIDIAN
THIS AGREEMENT, made and entered into this day of
1998, by and between the CITY OF MERIDIAN, a municipal corporation of the State of
Idaho, party of the first part, hereinafter called the "CITY", and Moore or Less, Inc. and Ronald
L. Crow, party of the second part, hereinafter called the 'DEVELOPERS", whose address is
1185 Ospreyridge, Eagle Idaho 83616 and 6937 West Parapet Court Boise Idaho 83703
WITNESSETH:
WHEREAS, DEVELOPERS are the sole owners, in law and/or equity, of a certain tract
of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto
and by this reference incorporated herein as if set forth in full; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A,
Development Agreements, which provides that cities may enter into development agreements with
Developerss upon rezoning of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one when land
is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417
D; and
WHEREAS, the DEVELOPERS has submitted an application for annexation and zoning,
or an application for rezone, of that certain property described in Exhibit "A", and requested
zoning of RR8 and has submitted a subdivision final plat for said property which has been
recommended for approval by the Meridian Planning and Zoning Commission; and
WHEREAS, the DEVELOPERS made some representations at the public hearing before
the Meridian Planning and Zoning Commission as to how the land would be developed and what
improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation
or rezoning of property; and
WHEREAS, DEVELOPERS deems it to be in its best interest to be able to enter into this
agreement and acknowledges that this agreement was entered into voluntarily and at its urging
and request; and
WHEREAS, the DEVELOPERS, are the sole owners of said land, has made request to the CITY
to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof
which has been approved for annexation by the CITY and as part of the annexation or rezone the
CITY adopted and approved Findings of Fact and Conclusions of Law; and,
STERLING CREEK SUBDIVISION
Rev. 8/10/98
Page 1
r
8/10/98
WHEREAS, the Findings of Fact and Conclusions of Law required that the
DEVELOPERS enter into a Development Agreement; and
WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law
annexed or rezoned the property subject to de -annexation if the DEVELOPERS did not enter into
a Development Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPERS agrees, and hereby binds his, its, or their heirs, successors and assigns to
this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area,
as follows:
1. That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
2. That DEVELOPERS, in accordance with its representations before the CITY,
shall, on the land described in Exhibit "A", construct single-family houses shall not
have less than the square of interior living space for that particular residential lot as
specified on the final plat of Sterling Creek Subdivision. Townhouse and /or
duplexes will on Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Block 1. Each unit shall not have
less than the square foot of interior living space for that particular lot as specified
on the final plat of Sterling Creek Subdivision.
3. That the property is zoned RR=8, described in "Exhibit A", and shall have lot sizes
specified on the final plat of Sterling Creek Subdivision, which is the size
represented at the City hearings, and shall meet all of the requirements of the RR8
zone and single family, townhouse and /or duplexes to be constructed on said
property.
4. That there shall be no change to increase the number of lots or reduce the size of
lots as shown in the final plat submitted with the request for annexation, zoning
and final plat approval, which is incorporated herein as if set forth in full herein.
5. That DEVELOPERS will, before annexation, or de -annexation, file or cause to be
filed with the City Engineer, a complete set of "Subdivision Improvement Plans"
showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage,
street and other similar signing and barricades, and other such improvements
contemplated within the subdivision, which Plans and all improvements shown
thereon shall meet the approval of the City Engineer. The Subdivision
Improvement Plan, or Plans supplemental thereto, shall also show the proposed
location of pressurized irrigation facilities within or that may affect or be affected
by the'd eve] opment. Said Subdivision Improvement Plans are incorporated herein
and made a part hereof by reference.
Rev. 8/10/98
STERLING CREEK SUBDIVISION Page 2
8/10/98
6. That DEVELOPERS will, at his, its or their own expense, construct and install all
sanitary sewers, storm drains, pumping stations, water mains and appurtenances,
fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, electrical
transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street,
street surfacing, street signs, and barricades as well as any and all other
improvements shown on the Subdivision Improvement Plans. DEVELOPERS
shall also install telephone, electrical power, gas lines, and television as required
for the development.
7. That DEVELOPERS will construct and install all such improvements in strict
accordance with the filed and approved plat and Subdivision Improvement Plans;
and the City Standard Engineering Drawings and Standard Engineering
Specifications current and in effect at the time the construction of said
improvements is accomplished, or as otherwise agreed between the
DEVELOPERS and the CITY if the standards and specifications are more
restrictive and onerous at the time of construction than at the time of execution of
this Agreement.
8. That DEVELOPERS will provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what portion, or portions, of said
improvements he intends to complete and the time schedule therefor; and agrees to
make such modifications and/or construct any temporary facilities necessitated by
such phased construction work as shall be required and approved by the City
Engineer.
9. That DEVELOPERS will have "corrected" original drawings of the Subdivision
Improvement Plans of all said improvements prepared by a Registered Professional
Engineer and will provide the CITY with said Plans or a duplicate mylar copy of
said Plans. The Subdivision Improvement Plans of the proposed improvements
shall be "corrected" to show the actual constructed location (both horizontally and
vertically) of the various water and sewer lines, all utility lines, and pressurized
irrigation lines and their individual building service lines, the curb and gutter
alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall
include a "Certification" thereon, signed by the Registered Professional Engineer in
charge of the work, that said Plans of the various improvements are true and
correct.
10. That DEVELOPERS will, immediately upon the completion of any such
constructed portion, portions, or the entirety of said development, notify the City
Engineer and request his inspection and written acceptance of such completed
improvements.
Rev. 8/10/98
STERLING CREEK SUBDIVISION Page 3
8/10/98
11. That DEVELOPERS agrees, that upon a finding by the City Council, duly entered
in the official minutes of the proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need to be completed in the interest
of the health, welfare and/or safety of the inhabitants of the CITY, the
DEVELOPERS will thereupon, within a reasonable time, construct said needed
improvements, or, if he does not so construct within a reasonable time after
written notification of such Council action, and the CITY thereafter determines to
construct, and does construct such improvement, or improvements, the
DEVELOPERS will pay to the CITY the cost of such construction, in such
manner and under such terms as the CITY shall order, after conference with the
DEVELOPERS or attempted conference after notice to DEVELOPERS.
Provided, however, the City Council shall not make the finding set forth in this
paragraph except at a regular or special meeting of the City Council and unless the
DEVELOPERS has been notified in writing of the time and place of such meeting
at least three (3) days prior thereto and has been given an opportunity to be
present in person or by counsel, and to be heard on the merits of the proposed
finding.
12. That DEVELOPERS agrees that upon his, its, or their having received written
notification from the City Engineer, that any of the requirements herein specified
have not been complied with, that the CITY shall have the right to withhold the
issuance of any Certificates of Occupancy within such annexed area and/or shall
have the right to withhold the providing of culinary water service to any part,
parcel, or portion of such annexed area until such time as all requirements specified
herein have been complied with; provided, however, the DEVELOPERS shall
have the right to appear before the City Council at any regular meeting after any
Certificate of Occupancy or any water service shall have been withheld for reasons
set forth in this paragraph, and shall have the right to be heard as to why such
Certificate of Occupancy should be issued or water service allowed. The Council
shall then decide whether said Certificate of Occupancy shall be issued or water
service to said property allowed, and its decision shall be final, except that the
rights of the parties are preserved at law and equity.
13. DEVELOPERS agrees that, in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, install the improvements
and declare the entire cost of said improvements to be immediately due and
payable and may seek to collect such sums in the manner provided by law, or may
pursue any other remedy set forth herein or as may be available in law or equity.
In the event of such declaration, all sums due shall bear interest at the prime
interest rate of First Security Bank of Idaho, plus five percent (5%) per annum,
until paid.
Rev. 9/10/98
STERLING CREEK SUBDIVISION Page 4
8/10/98
i
0
9
1
14, That DEVELOPERS agrees to, and does hereby, grant a security interest in the
land which is the subject of this Agreement, to secure the installation of all
improvements including, but not limited to, sewer, water, irrigation and drainage
piping, pressurized irrigation system, landscaping and berming, and fencing. In the
event of DEVELOPER's failure to complete such installation, the CITY may
install such improvements and, without notice, foreclose this Agreement as a
mortgage in accordance with the mortgage foreclosure laws of the State of Idaho;
provided further that upon request of the DEVELOPERS, the CITY will execute
and deliver a partial release of the lien created herein against all or any portion of
the subject land, upon completion of that portion of the total improvements
installed which relates to the percentage of improvements that have been installed
as compared to the total amount of improvements.
The CITY further agrees that, upon request of DEVELOPERS, the CITY will, by
written agreement, subordinate the lien created hereby, to any mortgage, deed of
trust, or other security device required to secure the payment of any loan or
advance made to DEVELOPERS for the sole purpose of financing the
construction of improvements upon the land which is the subject of this
Agreement; provided, however, that the financing entity shall first warrant and
represent in writing that it understands that the contemplated loan or advances will
be used solely for the construction of improvements upon the land and that it will
take reasonable precautions usual and customary to the financing and lending
industry to ensure that the loan proceeds or advances will not be used for any
other purpose.
The CITY may also require surety bonds, irrevocable letters of credit, cash
deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the
Revised and Compiled Ordinances of the CITY of Meridian, to insure the
installation of the improvements, and the DEVELOPERS agrees to provide such,
if required by the CITY.
15. That DEVELOPERS agrees that no Certificates of Occupancy will be issued until
all improvements are completed, unless the CITY and the DEVELOPERS have
entered into an addendum agreement stating when the improvements will be
completed in a phased development; in any event, no Certificates of Occupancy
shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
16. That DEVELOPERS agrees, in recognition of the unique and peculiar
circumstances relative to this development, to the special conditions set forth in
Exhibit "B" attached hereto and by this reference made a part hereof, and agrees to
construct a perimeter fence around the entire parcel prior to any construction,
except where roadways and streets for access are located and except where the
CITY has agreed that such fencing is not necessary.
Rev. 8/10/98
STERLING CREEK SUBDIVISION , Page 5
8/10/98
17. That DEVELOPERS agrees that any notice required by this Agreement shall be
given at the following address:
CITY of Meridian: DEVELOPERS:
City Engineer Moore or Less, Inc., and Ronald L. Crow$
City of Meridian Moore or Less, Inc., and Ronald L. Crow
33 East Idaho 1185 Ospreyridge, Eagle, Idaho 83616 and 6937 West P
Meridian, ID 83642 Boise, ID 83705 1
18. That DEVELOPERS agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
19. All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPERS's heirs, successors or assigns.
20. This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
21. That DEVELOPERS agrees to abide by all ordinances of the CITY of Meridian
and the property shall be subject to de -annexation if the owner or his assigns, heirs,
or successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian.
DATED the date, month and year first appearing.
DEVELOPERS:
Moore or Less. Inc- and Ronald L. Crow
r
i
By: 3
Name: Rv,
Title: r{:5,-de—f
By:
Name:
Title:
Rev. 8/10/98
STERLING CREEK SUBDIVISION Page 6
8/10198
0 •
CITY OF MERIDIAN
By
Robert D. Corrie, Mayor
By
William G. Berg, Jr., City Clerk
Rev. 8/10/98
STERLING CREEK SUBDIVISION Page 7
E,
8/10/98
STATE OF IDAHO )
County of Ada)
ss.
On this day of , 1998, before me, the undersigned, a Notary Public
in and for said State, personally appeared Moore or Less Inc., and Ronald L. Crow, known, or
proved to me, that executed this instrument and the persons who executed the said instrument on
behalf of said partnership, and acknowledged to me that such partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
(SEAL)
STATE OF IDAHO )
ss
County of Ada)
Notary Public for Idaho
Residing at:
My Commission Expires:
On this day of , 1998, before me, the undersigned, a Notary Public
in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR.,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed
this instrument and the persons who executed the said instrument on behalf of said corporation,
and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
(SEAL)
STERLING CREEK SUBDIVISION
Notary Public for Idaho
Residing at:
My Commission Expires:
Rev. 8/ 10/98
Page 8
8/10/98
0
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
MOORE OR LESS, INC., AND RONALD L. CROW
This subdivision is for 41 lots with an overall density of 3_0 dwelling units per acre. The
DEVELOPERS shall:
1. Construct a non-combustible fence along Five Mile Creek outside existing Nampa -
Meridian Irrigation District easement/right-of-way prior to obtaining building permits.,
2. Provide permanent perimeter fencing prior to obtaining building permits, except where the
City has agreed in writing that such fencing is not necessary.
3. Tile all ditches, canals and waterways, including those that are property boundaries or only
partially located on the property, unless downstream water users and the irrigation district
determine they can be abandoned or a variance is granted by the City; Five Mile Creek is
excluded from this requirement.
4. Extend and construct water and sewer line extensions to serve the property and connect to
Meridian water and sewer lines, as well as extending and constructing water and sewer
line extensions through the property.
S. Construct curbs, gutters, sidewalks and streets to and within the property.
6. Pay any development, impact or transfer fee adopted by the CITY.
7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and
meet the Ordinances of the CITY.
8. Construct and install pressurized irrigation to all lots within this subdivision prior to
obtaining building permits.
9. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C.
EXHIBIT "B" Rev. 8/10/98
STERLING CREEK SUBDIVISION Pagel of 2
Meridian City Council Meeting
October 20, 1998
Page 3
ITEM NO. 2: DEVELOPMENT AGREEMENT FOR STERLING-CREEK.SUBDIVISION:
Rountree: I believe this item is subject to a special meeting we're having Thursday
night. So I would move that this item be tabled until our next regularly scheduled
meeting November 4th
Bentley: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bentley to table item number two
until the November 4th meeting. Any further discussion? Hearing none, all in favor of
the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 3: ORDINANCE #804 CREATING THE POSITION OF AND PROVIDING
FOR THE DUTIES OF THE ASSISTANT CITY CLERK:
Bentley: Mr. Mayor I have a question. Did we discuss I thought we had prior of
changing that to Deputy Clerk?
Corrie: Assistant City Clerk to Deputy Clerk, I believe we did, rather than assistant.
Bentley: I thought that was discussed.
Corrie: It was.
Bentley: We can pass`and just substitute the word deputy wherever assistant is in there
if nobody has any objections to that.
Corrie: Do I hear any objections from Council?
Rountree: I have no objections with the change of assistant to deputy. I would like to
hear some comments from the City Clerk as this ordinance may relate to the execution
of that position.
Berg: Thank you Mr. Mayor, Councilman Rountree, members of the Council, I've
looked'through the ordinance. I guess my only concern is setting guidelines and
precedence for other assistants or deputies that may be needed for other departments
as well as further deputies in my department as the city grows. I have maybe one or
two comments. One is it refers to in the summary as providing in addition of a new
section, section 1-804A and we do have that section already. So I don't know if this is
an addition to that existing section. The attorney may have to answer that. Second is
0
I
MERMAN CITY COUNCIL MEETING: SEPTEMBER 15 1998
k
APPLICANT: ITEM NUMBER: 10
REQUEST: DEVELOPMENT AGREEMENT FOR STERLING CREEK SUBDIVISION
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:,
CITY BUILDING DEPT:
CITY WATER DEPT:
COMMENTS
SEE ATTACHED AGREEMENT
'I
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE: /
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTH
All Materials presented at public meetings shall become property
z
RESOLUTION NO Z 0.3
BY: ,def lk st lv
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND
PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO,
ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT
ENTITLED `DEVELOPMENT AGREEMENT", CITY OF
MERIDIAN, GRANTOR.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to
enter into an agreement with MOORE OR LES, INC., an Idaho
Company, and RONALD L. CROW, party of the second part, denoted
as "DEVELOPMENT AGREEMENT" a copy of which is attached
hereto marked as Exhibit "A" to this Resolution, the reasons and
authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR
AND CITY COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into on
behalf of the City of Meridian that certain agreement with MOORE OR
LES, INC., an Idaho Company, and RONALD L. CROW, party of the
second part, entitled "DEVELOPMENT AGREEMENT" a copy of
which is attached hereto marked as Exhibit "A" to this Resolution and to
bind this City to its terms and conditions.
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING 1
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MOORE OR LES, INC.
AND RONALD L. CROW FOR STERLING CREEK SUBDIVISION
• 0
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN,.
IDAHO, this day of �o�Q�-z , 1998.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,
IDAHO, this ¢lkday of��eveo'� , 1998.
ATTEST:
CITY CLERK
091598 -FINAL
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING 2
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MOORE OR LES, INC.
AND RONALD L. CROW FOR STERLING CREEK SUBDIVISION
•
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of
Meridian, a duly incorporated City operating under the laws of the State of Idaho,
with its principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian f its records
and minutes and do hereby certify that on the 4� day of custodian
1998, the following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND
PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO,
ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT
ENTITLED "DEVELOPMENT AGREEMENT", CITY OF
MERIDIAN, GRANTOR.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to
enter into an agreement with MOORE OR LES, INC., an Idaho
Company, and RONALD L. CROW, party of the second part, denoted
as "DEVELOPMENT AGREEMENT" a copy of which is attached
hereto marked as Exhibit "A" to this Resolution, the reasons and
authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR
AND CITY COUNCIL as follows:
CERTIFICATE OF CLERK OF THE 1
CITY OF MERIDIAN
P
1. The Mayor and Clerk are hereby authorized to enter into on
behalf of the City of Meridian that certain agreement with MOORE OR
LES, INC., an Idaho Company, and RONALD L. CROW, party of the
second part, entitled "DEVELOPMENT AGREEMENT" a copy of
which is attached hereto marked as Exhibit "A" to this Resolution and to
bind this City to its terms and conditions.
itJt�t11I'm it, J�ff,
`� � py jiFrl✓/rr
SEAL ti WILLILAM G. BERG, JR..
r 191
STATE OF IDA,-,%,f''��,C�Y �,•*`
County of Ada, .�)(
Ont ' 4 t day of 1 V , in the year 1998, before me,
ry) , a Notary Public, appeared
WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of
Meridian, Idaho that executed the said instrument, and acknowledged to me that he
executed the same on behalf of the City of Meridian.
Jeaeeoaaaarea��o
oo°',�GQo° L •°sj'tt s,��i
00 moo° o°� �a
o s ° o
(SEALS r°TA.R �..°
e
uo pUBi-i ° o
i tp %
'33asnaeaaao
CERTIFICATE OF CLERK OF THE
CITY OF MERIDIAN
0��nmj Y jtlel�
Notary POblic foUdaho
Commission Expires: I oll -Stwo-.-�
t 2
11/05/1998 '0'7: 05 4084270544 JAMES MOORE PAGE 01
SOUTH 70HNS0H ' -i 1 l� ; OR3�133391
14OU C11 '9F. , -o r(TY OR MERIDIAN
NIINITTES OF BOARD
14)
N10V 04'98
10:43 No.004 P.07,
208 884 4259 TO 9391616 P.03./03
P DIRECTORS SPECIAL ACTION
UT A MEETING
OR LES, INC.
PURSUANT TO THE AUTKOR41G
GRANTED TO THE BOARD OF DIRECTORS OF
THIS CORPORATION BY IDAHO COECTtON 30-1-821, TIE FOLLOWING ACTION
HAS BEEN TA KF N WITI30UT A MEE OF THE BOARD OF DIRECTORS, TO -WIT:
A RESOLUTION OF THE BOARD OF DIUCTORS AUTHORIZING THE PR= DENT
AND SECRETARTr OF MOORE OR LBS,
AGREEMENT 5% TO ENTER INTO A DEVELOPMENT
BE IT RESOLVED BY TIM BOARD OF DIRECTORS OF MOORE OR LES, INC., an
Idaho oorporatior hr, reby adopt the following aoludon:
WHEREAS Moore or Les, Itw. is a
State of Idaho: and
WBEREAS, Moore or Les,`Inc.
Development Apreement; and
WH.ERFAS. the parties have entered
the Devclopmer,+ Niae+ement and for the vurm
NOW THEREFORE•, the Board of l
Development Agreement attached hereto by
hereby approved suh+rot to the stated terms;
authorized and directed to execute the agarea7
Secretary is suthormed and directed to attsat
Resolution to the ,flue" PAM itrequited
WE, THE UNDERSIGNED, BZU-q
BOARD OF DIRECTORS OF MOORE O
AFFIRM THAT 01'R SIGNATURE HER
ACTION OF THE BOARD Or Dwerc
BECOME EFFECTYVE M'HEN THE LAG
THIS MINt13"F, t,Nj ]ES OTHERWISE ST
DATED'hiv 4day OfNove�t�ii
I
BOARD OF DMBr" ir)RS RESOLUTION
organized and existing under the laws of the
that it is in the beet i Acrest of the company to enter into a
o negotiations regarding the advisability of entering into
Of establishing reasonable terms and conditions.
Mrs of Moore or Les. Inc. do resolve that the
I between Moore or Lea, Inc., and the City of Meridian, is
conditions; the President and Secretary ane hereby
it for and on behalf of tate Moore or Les, Inc. and the
h signature and to provide a certifioetion of this
ALL THE DULY ELECTED MEMBERS OF THE
LES, INC., DO HEREBY ACKNOWLEDGE AND
CO IS OUR CONSENT TO AND THE OFFICIAL
$ HEREINABOVE SET OUT, WHICH SHALL
DIRECTOR OF THIS CORPORATION SIGNS
CLD HEREIN.
NOO 04 '98 12:06 4084270544
L
E
E
L
1
PAGE. 01 ,
11/05/1998 00:05 4084270544 JAMES M00RE
6
SOUTH JOHNSOPI r I:1 , I D :21083433391 NOY 04'9?
CERTIFICA71 E OF SECRETARY
OF
MWRE OR LES, INC.
1, the undersigned, do hereby certify:
PAGE 02
a
10:42 No .004 P .0:'
1 • That I an Cho duly appointed a Id eleefbd s6mthrY of the Moore or Les, Inc., it
corporation doing business under the laws of he: State of Idaho, with its ptitl<cipal office at 1655
Fairview Avenue, Suite 204, Boise, Idaho 83 702.
2• That as Secretary of this Corp mti�n, I am the cnatodian of its records and
certify that on the � ff
minutes and do hereby cerday of November, 1998, the following action
has bccn taken and authorized without a meet-
Code X30-1-44, by chelc having duly signed a csolution a true andOf the BoArd of lrectors, pursuant to eon^ect copy f which attached hereto.
IN WITNESS W1 EROF. I have beret
corporation on the day of November,
a
(CORPORATE SF,AL)
STATE OF CALIFORNIA, )
Colin ss:
On thisG �day of November, 1,<
personally app�JAMES F. MOORE, kne
or Les, Inc. that exr,.:ute(j the said instrument,
same.
DATED this ;/' day
(SEAL)
DENNIS RCL No
a CoMMWo+ 6106204 z MY
z :fat.• Notary PUNIC — Cos torula
SAMA CRUZ COUNTY
My Comm. EXPOPS Jun 25,1099
tto subeeribed try name and affixed the seal of the
998,
before
or identified to me to be the Secretary of Moore
acknowledged to me that he executed the
�ovetn 5er, 1998.._..
�Y P or Califorrua
Commaation Expires:
NOV 04 '98 12:07 4084270544 PAGE.02
March 5, 1999
Idaho Power Companv
10790 W. Franklin Road
Boise, ID 83709
322-2000 388-2402
388-6532 fax 322-2032
Re: ` Street Lights for Sterling Creek Subdivision a.
Street Lights have been installed by the developer in Sterling Creek Subdivision.
These are 100 watt high pressure sodium lights on steel poles, owned by the
City of Meridian with a maintenance agreement with Idaho Power.
The two (2) street lights are located at:
Lot 1 Block 1 N. Cathy Street
Lot 6 Block 1 E. Washington Ave & N. Cathy Street
See attached map for additional information.
Please use this letter as your authority to activate these street lights.
Sincerely
William G. Berg, Jr.
City Clerk
Enclosures
I
f
0
•
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE
A Good Place to Live
LEGAL DEPARTMENT
Council Members
CITY OF MERIDIAN
(208) 884-4264
PUBLIC WORKS
CHARLES ROUNTREE
33 EAST IDAHO
BUILDING DEPARTMENT
GLENN BENTLEY
MERIDIAN, IDAHO 83642
(208) 887-2211
RON ANDERSON
Phone (208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
KEITH BIRD
DEPARTMENT
(208) 884-5533
March 5, 1999
Idaho Power Companv
10790 W. Franklin Road
Boise, ID 83709
322-2000 388-2402
388-6532 fax 322-2032
Re: ` Street Lights for Sterling Creek Subdivision a.
Street Lights have been installed by the developer in Sterling Creek Subdivision.
These are 100 watt high pressure sodium lights on steel poles, owned by the
City of Meridian with a maintenance agreement with Idaho Power.
The two (2) street lights are located at:
Lot 1 Block 1 N. Cathy Street
Lot 6 Block 1 E. Washington Ave & N. Cathy Street
See attached map for additional information.
Please use this letter as your authority to activate these street lights.
Sincerely
William G. Berg, Jr.
City Clerk
Enclosures
I
f
0
UNDERGROUND CABLE NOTES
STATION
SIZE
CABLE LENOTH
CA CH
CONDUIT
SIZE LENGTH
—91 — SC—
1/0
750
705
2 705
:C-2 — 0
3cc40
100
85
2 85
C-2 — b
3sc40
55
!
2 40
4-2 — c
3cc40
195
p
2 t eo
L-2 — d
3cc35
250
!
3 245
C-2 — SC—
1/0
530
385
2 565
C-3 — a
3sc40
100
!
2 85
G-3 — b
3ec40
140
125
2 123
C-3 - c
32C40
205
F
2 190
C-3 — SC—
1/0
370
205
2 345
C-4 — o
Jec40
1A5
I
2 130
C-4 — b
39640
80
!
2 85
C-4 — 5c—
1/0
395
335
2 370
C-5 — a
3lc40
80
8
2 65
C-5 — b
3ee40
140
12S
2 125
C-5 — e
3ac40
105
90
2 90
C-5 — SC—
1/0
170
145
2 145
C-6 — a
3oc40
80
j
2 65
C-6 — b
3ec40
125
45
2 110
C-6 — e
3ec40
200
185
2 185
C-6 — d
3sc40
220
95
2 205
c d _
CS
-- b 22„
iiia 22� "
7
2 5
6 c
i
North
15 b 17 X E-
rES:
nary cable Is 1/0 0l 12.5 kv in 2" conduit
)huge
010
ondory cable is 3sc40 in 2" conduit except run to SC -2d which
isc35 In 3" Conduit
ondary----------------
to
eloper provide 4"
conduit under Five Mlle Drain c
I
R
0 ;
7 as
07 c
E. WA$►tINCTON
' I
ENUE
too WATT
14PS, 5TOLaT ULHT
02 _
1
�J
Previous Plat Map No.
Tax KV. 0 O/
Code U
Type Pole/ 1M re Feeder
Trench Ft Ft. Ft. Field location: western
lines Dist office: meridian
Job Title:
sterlin creek
Job Desc:
U to 33 lots
Job Desc:
Design
c8502189
No.
Voltage: Const. 7.2 ICV
Op. 7.2 kv Feeder—No. m rd n —0 1 1
Ely Date
State County District N
Estimated geb 7-31-98
ID ada 33
Completed
Section Township Range Meridian
Plat Map
7 3n 1 e B.M.
Fdr. Mop
Plat Map No. (R—FILE
Entered
PASSPORT
553-2 Work Order No.
NA R/W Permission
Feeder Map No. Map
co a a kk a a'
m rd n 1 101 1
.HO PO WER
'Co.'WORK ORDER MAP D
2DO 400
Sheet Of
SEP 09 '96
12:52
206 323 9336 PAGE.02
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL' GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM:
HUB OF TREASURE VALLEY
• •
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
To: Will Berg, City Clerk
Bruce Freckleton, Assistant to City Engineer
From: Harold Hudson, Electrical Inspector
Re: STREET LIGHT ELECTRICAL INSPECTION
I have inspected and approved the electrical wiring
lights m ¢moo--
can now proceed with the activation.
Harold Hudson, Electrical Inspector
COUNCIL MEMBERS
WALT W. MORROW. President
RONALD R. TOLSMA
CHARLES M.ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
Date: /'—��
I associated components for -�R— street
. Idaho Power Co.
FFCETV
I
MAR - 2 1,9-9
CITY OF MERIDIAN
C: \OFFiCF.\WPW INWENERAI.\ELECINS P. MMO
= i i
ELECTRICAL PERMIT Issued: 2/26/99 Permit No: 14699
OWNER/APPLICANT------------------------PROPERTY LOCATION ------------------------
RON CROW
1 1 STERLING CREEK SUB
MERIDIAN, ID 83000
I
1 Lot: Block: Long Legal:
208/000-0000
1 Sub:
T: S:
I Parc No:
I k
CONTRACTOR-----------------------------DESIGNER---------------------------------
MERIDIAN ELECTRIC, INC.
l
531 N. LINDER RD.
I
MERIDIAN, ID 83642
I ,
208/888-2882
1 000/000-0000 a
I
PROJECTINFO--------------------------------------------------------------------
Pr j Value: $3,200.00
1 Temp Service:
Prj Type:
I Residential Service:
Occ Type: COMMERCIAL
I Number of Rooms:
Occ Grp: Occ Load:
I Electrical Heat:
Cnstr Type:
I Number of Circuits:
Land Use:
IOther:STREETLIGHTS
I
PROJECTNOTES-------------------------------------------------------------------
2 1010 WATT LOT 1 BL1 LOT 8 BL 1
k
k
PROJECT FEES ASSESSMENT ---------------------------------------------------------
Amount Paid: $102.00
TOTAL ELECTRICAL FEE: $102.00 Balance Due: $0.00
I
MERIDIAN CITY C',, :NCIL MEETING
NOVEMBER 4, 19.98
PAGE 3
made to purchase it, but it doesn't commit in my opinion the city to the
expenditure of any^monies for%the purchase of the property.
Bentley: Mr. -President, I would; move that we approve the letter, of intent for the
67 acres on Linder Road. ,
Bird: Second. j
Rountree: It has been moved and seconded to approve Item E the letter of intent
for 67 acreson Linder Road, all those in favor?
MOTION CARRIED: All ayes.
ITEM NO. 1: DEVELOPMENT AGREEMENT FOR•STERLING�CREEK
SUBDIVISION;.:, t
Rountree: Is -there any discussion on the development agreement? X
Gigray: We have prepared for your consideration a development agreement.
believe that this has been or it has been reviewed by Gary Smith at the public
works and also -by Shari Stiles the Director of Planning and Zoning and has been
agreed to by the developers as you see by the evidences of their signature.
Here is some extra copies if you desire.
Bird: We've got some, don't need anymore.
Gigray: These may be thelatestversion, this may be an earlier version. You've
got it, okay. ,
a
Rountree: Any discussion?
Bird: I have none.
a
Bentley: I have none. t
Rountree: Hearing no discussion I'll accept a motion on this item.
Bird: Mr. President, I move that we accept the development agreement for
Sterling Creek.
Anderson: Second. k - ) • ,�, j.
r
3
Rountree: It's been moved and seconded,to accept and approve the
development -agreement for Sterling Creek -Subdivision. All those in favor?
r
b
lu
1 01
MERIDIAN CITY C �NCIL MEETING
NOVEMBER 4, 1998
PAGE 4
MOTION CARRIED: All ayes.
Rountree: Motion'passes, we'll get it executed and get it to you folks.
F
ITEM NO. 2: RATIFICATION OF THE FIRE UNION CONTRACT:
Rountree: Open that item up for discussion. Is there any discussion?
Bird: I have none. I
Anderson: I just wanted to comment that Councilman Bentley and myself had
worked on this project and I reviewed the language in it and it looks like the same
language that we had agreed to at our last deviation session. It is my
recommendation that we ratify the contract.
Bird: Is that a motion.
Anderson: I will make it in the form of a motion.
Bird: I'll second it.
Rountree: Any discussion? €
Bentley: Yes, I would concur that upon review the language is the same, it's ,
been a long time coming and hopefully the next time around it won't be so long.
In further discussion on this—prior to starting the negotiations I made a comment
to both the rural and the City Council that I thought it would be a good idea to
jointly embark in a conflict resolution group with the fire department that the union
members do prior to going into the contract negotiations. It didn't sail over with
anyone and I would strongly urge that both sides give some talk to doing this
prior to the start of the next session. I think it would really be helpful to us.
Thank you.
Rountree: Thank you, any further discussion?
Bird: I have none.
E
Rountree: Have the motion to approve the fire union contract, I'll take a roll call..
ROLL CALL: Bird — yea, Bentley — yea, Anderson — yea.
Rountree: Motion passes all yeas. I would like to take a minute to extend my
appreciation on the part of the city and myself for the work that both Councilman.
Anderson and Bentley did and the work that the fire department and the fire
union folks did to workout our differences and come to what I think we all agree k
T
Go
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS
rn
OF STERLING CREEK SUBDIVISION
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and Declarations.
�Recitals
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Whereas, the undersigned (hereinafter referred to as
"Grantor") is the owner of certain real property in Ada County,
Idaho (hereinafter referred to as "Property"), which is described
in Exhibit A, attached hereto and made a part hereof as if fully
set out herein; and
Whereas, the Grantor desires the subject Property described
hereinabove to be known as Sterling Creek Subdivision to the
covenants, conditions, restrictions, easements, reservations,
limitations and equitable servitude herein set forth to (1)
insure the enhancement and preservation o_f_property value, (2)
provide for the prop(-- zement and use
of Sterling Creek Sul, //` z - Ll other
persons or entities ri interest in
the Property, and (3; Hent of high
quality; and �� /3✓
C/
Whereas, becaus( U �d in several
phases, each of, whict . Lcs, needs and
requirements, the Grc )romulgate
cements
further conditions, as
supplemental declarai -acts or
parcels of real prop(, t
-*
Whereas, in ord(J
ld desires of
the Grantor, the Grail and
't
government of the Pr( 'owners'
Association to be cr(l I)wners-have
taken over the management functions t roug t e Homeowners'
Association, also known as the "Association", upon substantial
completion of the development process.
1.2 Declaration.
The Grantor hereby declares that the Property and each lot,
tract or parcel thereof (hereinafter referred to as "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,
easements reservations, limitations, and equitable servitude
(hereinafter collectively referred to as "Covenants,.Conditions
and Restrictions") all of which are declared and agreed to be in
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 1.
i
I]
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, Conditions and
Restrictions set forth herein shall run with the land in
perpetuity and 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 and by any owner's association as hereafter provided.
Notwithstanding the foregoing, no provision of this
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 thereof, 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 the 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 provisions of
the Declaration may be granted by the Architectural Control
Committee (hereinafter "ACC"), provided that such a waiver shall
be for a reasonable period of time and shall not violate the
applicable ordinances of the City of Meridian, Idaho. Any such
waiver need not be recorded and shall not constitute an amendment
of this Declaration.
2.1 Land Use and Building Type.
No Lot shall be used except for residential purposes, and no
Lot shall be used for the conduct of any trade or business or
professional activity. This provision is not intended to
restrict in home office use with limited customer traffic of less
than three (3) customers per day, as long as such use is in
compliance with the laws of the City of Meridian, Idaho. Not-
withstanding the foregoing, the Board of Directors of Sterling
Creek Homeowners' Association (hereinafter "Board") may, in its
discretion and upon request by an owner, allow an owner to
conduct a "garage sale" upon such owner's Lot.
DECLARATION OF COVENANTS, CONDITIONS AND
,RESTRICTIONS OF STERLING CREEK SUBDIVISION - 2.
r
There shall be allowed on Lots 1, 2, 3, 4, 5, 6, 7, 8, and
9, Block 1, Sterling Creek Subdivision, Ada County, Idaho, tovan-
houses and/or duplexes as defined by the City of Meridian, Idaho.
All such townhouses and/or duplexes are subject to all
provisions of these Covenants, Conditions and Restrictions of
Sterling Creek Subdivision, unless specified otherwise.
2.2 Size Limitations.
t
(a) Single Family Residential Lots. Each single family `
residential lot shall not have less than the square feet of
interior living space for that particular residential lot as
specified on the final plat of Sterling Creek Subdivision. ,
For purposes of determining square footage, eaves, steps, open
porches, garages, and patios shall be excluded from the square
footage computation. ,
(b) Townhouse and/or Duplex Lots. Each unit shall not have
less than the square feet of interior living space for that
particular lot as specified on the final plat of Sterling Creek
Subdivision. Each unit shall include at least a two (2) car
garage, with the garage being an integral attached part of the
residential structure. For purposes of determining square
footage, eaves, steps, open porches, garages, and patios shall be
excluded from the square footage computation. In the event
townhouse and/or duplexes do not share a common wall between
Lots, the townhouse and/or duplex units shall maintain a minimum
of ten (10) feet separation per story between units on each Lot.
2.3 Roofing Material.
, The roof of each unit shall be a minimum of 5/12 pitch with
a maximum 25 year architectural style composition shingles or
cedar shakes or tile as specifically approved by the ACC. No
gravel or metal roofs shall be permitted.
2.4 Exterior Colors and Materials.
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 end that all
such buildings will present a unified and coordinated appearance.
All exterior finishes and/or colors shall be earthtone,
including subtle blue and gray tones, as approved in writing by
the ACC. Bright, bold or very dark body colors shall be
discouraged. Bay windows, broken roof lines, gables, hip roofs,
etc. are strongly encouraged. No vertical type siding will be
allowed unless approved by the ACC.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 3.
2.5 Exterior Maintenance -- Owner's Obligations.
No improvements, including mail boxes and landscaping, shall
be permitted to fall into disrepair, and each improvement shall
at all times be kept in good condition and repair. In the event
that any owner shall permit any improvement, including trees and
landscaping, which is the responsibility of such owner to
maintain, to fall into disrepair so as to create a dangerous,
unsafe, unsightly or unattractive condition, or damage to
Property or facilities on or adjoining their Lot which would
otherwise be the Associations' responsibility to maintain, the
Board, upon fifteen (15) days prior written notice.to the owner
of said Lot, shall have the right to correct such condition, and
to enter upon such owner's Lot for the purpose of doing so, and
such owner shall promptly reimburse the Association for the cost
thereof. Such cost shall be a limited assessment and shall
create alien enforceable in the same manner as other assessments
set forth herein. The owner of the offending Lot shall be
personally liable, and his Lot may be subject to a mechanic's
lien for all costs and expenses incurred by the Association in.
taking such corrective action, plus all attorney's fees and 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 thereof, or the amounts may, at the option of the
Board, be added to the amounts payable by such owners as regular
assessments.
Each owner shall have the remedial rights set forth herein
if the Board fails to exercise its rights within the time
following written notice as provided in paragraph 9.1 herein.
2.5.1 Exterior Energy Devices.
All energy production devices including, but not limited to,
generators of any kind and solar energy devices shall not 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.
2.6 Nuisances.
No noxious or offensive activity including, without
limitation, those creating an offensive odor shall be carried on
upon any Lot nor shall anything be done thereon which may be or
may become an annoyance or nuisance to the neighborhood.
Excessive barking dogs shall be considered a nuisance.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 4.
2.7 Structures.
No improvements of a temporary character, mobile home,
modular home, trailer, basement, tent, shack, garage, barn or
other outbuilding shall be placed or used on any Lot at any time
as.a residence either temporarily or permanently.
2.8 Signs.
No sign of any kind shall be displayed to the public view on
any Lot except one sign of�not more than five (5) square feet
advertising the Property for sale or rent, or signs used by a
building or the Declarant to advertise the Property during the
construction and sales period.
2.9 Oil and Mining Operation.
No oil drilling, oil development operation, oil refining,,
quarrying or mining operation of any kind shall be permitted upon
the Property, nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted upon the Property. No
derricks or other structure designed for use in boring for oil or
natural gas shall be erected, maintained or permitted upon the
Property.
2.10 Animals.
No animals, livestock, or poultry of any kind shall be
raised, bred or kept on any residential building Lot, except that
a total of two dogs, two cats and two caged birds may be kept,
provided that they are not kept, bred, or maintained for any
commercial purpose and provided that the keeper of such pets
complies with all applicable rules and regulations. No dog runs
or kennels shall be permitted to be kept or placed within five
(5) feet of a setback line, where applicable. Dog -runs or
kennels shall only be permitted to be placed and maintained to
the rear of dwellings, and in no event shall such structures be
visible from a street. All such kennels or facilities shall
comply with the applicable laws and rules, and regulations.
Excessive barking dogs shall be considered a nuisance under
Section 2.6.
2.11 Garbage and Refuse Disposal.
No rubbish, trash, garbage, refuse or debris shall be placed
or allowed to remain on the Property, except (1) what is kept and
maintained within the interior of a unit in sanitary containers
and, (2) left outside for regularly scheduled trash disposal by
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 5.
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43
licensed trash disposal entities. All containers utilized for
thedisposalof such material shall be kept in a clean, sanitary
condition. f
2.12 Water Supply.
All residential Lots will be supplied with City of Meridian,
Idaho, water and sewer. Arpressurized irrigation system will be
established for irrigation purposes pursuant the requirements of
the City of Meridian, Idaho.
2.13 Sewage Disposal.
No individual sewage disposal'system shall be permitted on
any Lot. All Lots shall be subject to the sewer requirements of
the City of Meridian, Idaho.
2.14 Sight Distance at Intersections.
No fence, wall, hedge or shrub planting which obstructs
sight lines at elevations between three (3) and six (6) feet
above the roadway, shall be placed or permitted to'remain on any
corner Lot within the triangular area, formed by the street
property lines and a line connecting them at points thirty (30)
feet from the intersection of the street lines, or in the case of
a rounded Property corner, from the intersection of the street
property lines extended. The same sight line limitation shall
apply on any Lot within ten (10) feet from the intersection of a
street property line with the edge of driveway. No tree shall be
permitted to remain within such distances of such intersections
unless the foliage line is maintained at sufficient height to
prevent obstruction of such sight lines.
2.15 Declarant's Right.
Declarant reserves the right to construct residences and
other improvements upon any Lot and to offer the same with
completed structures thereon for sale to individual owners.
Nothing herein restricts the Declarant from redividing Lots.
2.16 Boats, Campers and Other Vehicles.
q
No boats, trailers, tractors, recreational vehicles,
trailers, campers, motor homes, automobile campers or similar
vehicles or equipment; dilapidated, unrepaired or unsightly
vehicles, or similar equipment; motorcycles, snowmobiles, trucks
greater than three quarter ton in size shall regularly, or as a
matter of practice, be parked or stored on any portion of the
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 6.
It.
Property (including streets and driveways) unless enclosed in the
structure or screened from view in a manner approved, in writing
by the ACC. Notwithstanding the foregoing, any boat,` camper '
trailer or recreational vehicle which is in good repair and
working order may be stored on the garage side yard of a Lot
between the front and rear of the unit. The R.V. parking area
and driveway to the parking area shall be surfaced with concrete
or such other material as approved by the ACC. Any of the
provisions of this paragraph shall be subject to the laws of the
City of Meridian, Idaho, pertaining to this subject matter.
2.17 Bathrooms.
All bathrooms, sink and toilet facilities shall be inside
residence buildings and shall be connected by underground pipes
directly with the sewer system.
2.18 Antennae.
No television antennae, satellite receivers, or radio
aerials shall be installed on the Property, other than within the
interior of a unit or within an enclosed structure or
appropriately screened from view. "Screened" is defined as being
concealed or made non-visible from eye level, at ground level,
and at all points within the Property; provided, however, small
satellite dishes of less than twenty (20) inches may be installed
on the dwelling unit.
2.19 Hazardous Activities.
No activity shall be conducted on or in any unit or Lot
which is or might be unsafe or hazardous to any person or
Property. Without limiting the generality of -the foregoing, not
firearms shall be discharged upon -said Property; no open fires
shall be lighted or permitted on any Property except in a self-
contained barbeque unit while attended and in use for cooking
purposes, or with a safe and well designed interior fireplace.
2.20 Unsightly Articles.
No unsightly articles shall be permitted to remain on any
Lot so as to be visible from the streets or adjoining Lots. No
lumber, grass, shrub or tree clippings or plant waste, compost
piles, metals, building or other materials or scrap or other
similar material or articles shall be kept, stored or allowed to
accumulate on any portion of the Property except within an
enclosed structure or appropriately screened from view.
"Screened" is defined as being concealed or made non-visible from
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 7.
eye level, at ground level, and at all points within the
Property.
2.21 Buy -Back Option.
Any owner who'purchases a Lot from the Declarant and does
not commence construction of a unit on the Lot within one (1)
year from the date of the closing of the purchase of the Lot from
the Declarant shall maintain the Property pursuant to Section
2.5. Unimproved Lots must be kept free of unsightly weeds and
other unsightly appearances as determined by the ACC and the laws
of the City of Meridian, Idaho. If such section is violated, the
Declarant shall have the option to buy back the Lot at the sale
price for which the Lot was purchased from the Declarant, and
owner agrees to pay Declarant within ten (10) days of Declarant's
buy back of the Lot, all costs associated with Declarant's
repurchase of the Lot including, but not limited to, att'orney's
fees and costs. The Declarant shall exercise the option by
written notice, mailed certified mail, return receipt requested
to the owner at the address stated on the deed by which the Lot
was conveyed by the Declarant. Closing shall occur within ten
(10) days from the mailing of the letter.
2.22 Light, Sound - General.
No light shall be emitted from any Lot which light is
unreasonably bright or causes unreasonable glare. No sound shall
be emitted from any Lot which is unreasonably loud or annoying,
and no odors shall be emitted on any Property which are noxious
or offensive to others.
2.23 Construction.
During the course of actual construction of any permanent
improvements, the restrictions contained in this declaration and
any supplemental declarations shall be deemed waived to the
extent necessary to permit such construction, provided that
during the course of such construction nothing shall be' done
which will result in a violation of these restrictions upon
completion of construction and all construction shall be
diligently prosecuted to completion, continuously and without
delays.
2.24 Reconstruction.
In any case where it is necessary to reconstruct a unit,
said re -construction shall be prosecuted diligently, continuously
and without delays from the time of commencing thereof until such
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 8.
structure is fully completed and painted, unless prevented by
causes beyond control and only for such time that such causes
continue.
2.25 Maintenance and Repair..
In the event the improvements on any Lot shall suffer damage
or destruction from any cause, the owner thereof shall undertake
the repair, restoration and reconstruction thereof within ninety
(90) days of such damage or destruction.
2.26 Fences.
Fencing is required and shall be of vertical wood cedar
graded number two (2) or better, without holes, four (4) inches
wide, seven -eight's (7/8) inch thick or thicker, with Douglas Fir
rails and cedar or steel posts set in two (2) foot holes, eight
(8) inches in diameter with concrete. The ACC may allow as an
alternative, vinyl fencing. No chain link fences, wire fences of
any kind, grape stake fences, fences of basket weave design, or
other types of fencing shall be allowed in the Subdivision, with
the exception of perimeter fencing as required by the City of
Meridian, Idaho.
2.27 Plat Conditions and Common Areas.
All Covenants, Conditions and Restrictions and other matters
set forth on all plats are hereby incorporated by -reference and
notice is hereby given to the same. Lots 20, 28, 30, 34,. 38 and
39 of Block 1, Sterling Creek Subdivision are designated as
common Lots to be owned and maintained by Sterling Creek
Subdivision Homeowners' Association, subject to (1) an easement
in favor of the Ada County Highway District to allow for heavy
maintenance of the storm water detention ponds in Lots 28 and
39 of Block 1, Sterling Creek Subdivision; (2) subject to an
easement for maintenance in favor of the Nampa Meridian
Irrigation District to maintain Lot 20, Block 1, Sterling
Creek Subdivision; and, (3) a sanitary sewer easement in favor
of City of Meridian, Ada County, Idaho on Lots 30 and 34 of Block
1, Sterling Creek Subdivision. Lot 9 of Block 1, Sterling Creek
Subdivision is designated as a common driveway to be owned and
maintained by the owners of Lots 1-8 of Block 1, Sterling Creek
Subdivision, who have an easement for ingress and egress over
said Lot, and said owners shall be the only owners within
Sterling Creek Subdivision assessed for its maintenance by the
Homeowners' Association. Lot 23 of Block 1, Sterling Creek
Subdivision is designed as a common driveway to be owned and
maintained by the owners of Lots 24 and 25 of Block 1, Sterling
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 9.
Creek Subdivision, who have an easement for ingress and egress
over said Lot, and said owners shall be the only owners within
Sterling Creek Subdivision assessed for its maintenance by the
Homeowners' Association. The owners of all Lots adjacent to the
bank of the Five Mile Drain must maintain weed control at each
Lot owner's expense as per the requirements of the Nampa -Meridian
Irrigation District and the City of Meridian, Idaho.
Detention and Retention Pond/Stormwater Drainage Basins:
Lots 28 and 39 of Block 1 of the Sterling Creek Subdivision shall
be common areas but shall be used primarily as ponds for
detention and retention of stormwater drainage, which shall be
maintained as follows:
Stormwater "Heavy" Maintenance of Stormwater Basins. Heavy
maintenance consists of periodically inspecting the Stormwater
basins to ensure it is functioning properly; cleaning out the
facility piping and mucking out the facility when the sediment
level exceeds the designed storage level. All other maintenance
shall be referred to herein as "light" maintenance. Ada County
Highway District (ACRD) has opted to perform the "heavy"
maintenance and shall be allowed by the Owners and the
Association to perform this maintenance work.
Easement to ACHD for Heavy Maintenance. ACHD is hereby
granted an easement within Lots 28 and 39 of Block 1 of the
Sterling Creek Subdivision for purposes of access to perform this
heavy maintenance. An easement is hereby granted to ACHD over
these common lots as needed for "heavy" maintenance of the
Stormwater basins.
"Light" Maintenance of Lots 28 and 39 of Block 1 of Sterling
Creek Subdivision. The Association shall provide all "Light"
maintenance of Lots 28 and 39 of Block 1 and the stormwater
basins pursuant to the "Manual for Light Maintenance" which is
specified hereinafter.
Association Failure to Maintain; ACHD Remedies. In the
event that ACHD determines, in its sole discretion, that the
Association is not adequately maintaining the stormwater basins
then ACHD shall, before undertaking maintenance of said common
area, provide written notice of its intention to begin
maintenance within a thirty (30).day period, within which time
frame the Association may undertake to initiate and conclude all
maintenance defects as identified by ACRD. In the event the
Association shall fail to commence and conclude maintenance of
the stormwater basins to the extent said items of specific
maintenance are identified by ACHD within the prescribed thirty
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 10.
I
(30) days, then in that event, ACHD may begin to undertake such
maintenance. ACHD is hereby granted an irrevocable license and
easement to enter upon any portion of the common area to perform
such inspection and maintenance of the stormwater basins. i
Manual for Light Maintenance: This manual for Light
Maintenance outlines the duties to be performed at Sterling Creek
Subdivision a's follows:
The detention and retention ponds are located in, Lots
28 and 39 of Block 1 of the Sterling Creek Subdivision
plat. A copy of the plat and a drawing of the pond are
included in this manual. The maintenance area of the
detention and retention pond shall include the entire
lots in which the ponds are'located.
For the various light maintenance items involved,
periodic inspections are to be -made of the ponds in
addition to any work required in each of the categories
below. These inspections shall be done a minimum of
once every month.
Mowing and Landscape Maintenance: The homeowner's
association shall perform the normal routine surface
maintenance such as mowing lawns, weed control, and
ensuring proper irrigation of landscaping and lawn
areas.
Trash Cleanup: During the periodic inspections, any
trash found within the boundary of the pond lots shall
be collected and disposed of offsite.
Bank Stability: During the periodic inspections, the
banks of the pond shall be checked for any water spots,
Water entering the pond from adjacent lots, rodent
holes, and bank erosion. If any of these problems are
found, the homeowner's association shall contact a
licensed contractor to make the necessary repairs to
the pond.
Underground Storm Drain Facility: During the periodic
inspections, the underground storm drain facility shall
be checked for clogging or standing water of piping,
manholes, or structures. If such is found, the .
homeowner's association shall contact the Ada County
Highway District (ACHD) so they can perform their
"heavy" maintenance responsibilities.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION = 11.
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Should ACHD engage in maintenance of the defined common
area or facility after having provided notice to the
Association and having provided the Association an
opportunity to undertake said maintenance, ACHD shall
first bill the Association and if such bill shall not
be paid within sixty (60) days, then ACHD shall be
entitled to and empowered to file a taxable lien
against all lots within Sterling Creek Subdivision with
power of sale as to each and every lot in order to
secure payment of any and all assessments levied
against all lots in these subdivisions pursuant to the
Master Declaration as if said maintenance had been
performed by the Association, together with interest at
the rate which accrues on judgments thereon and all
costs of collection which may be paid or incurred by
ACHD.
The Association shall not be dissolved or relieved of
its responsibility to maintain the defined common area
and facilities contained -therein without the prior
written approval from ACHD.
The -Association and all lot owners by accepting title
to a lot agree that a•11 lot owners within these
subdivisions are benefited property owners of such
maintenance.
M
e
Ownership and Maintenance of Drainage Facilities. Notwith-
standing that the Association is obligated to maintain the common
area and facilities,contained therein as defined herein and
within the Declaration of Covenants, Conditions and Restrictions
of Sterling Creek Subdivision, it is hereby provided that Ada
County Highway District, ACHD, may elect to maintain any part or
facility of the common area defined herein should the Association
fail to maintain same. In the event that ACHD determines, in its
sole discretion, that�the Association is not adequately
maintaining the defined common area or facility, ACHD shall,
before undertaking maintenance of said common area, provide
written notice of its intention to begin maintenance of the
defined common area or facility within `a thirty (30) day period,
within which time frame the Association may undertake to initiate
and conclude all maintenance defects as identified by ACHD. In
the event that the Association shall fail to commence and
conclude maintenance of the defined common area or facility to
the extent said items of specific maintenance are identified by
ACHD within the prescribed thirty (30) days, then in that event,
ACHD may begin to undertake maintenance of the defined common
area of facility. ACHD is hereby granted an irrevocable license
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 12.
and easement to enter upon any portion of the common area to r
perform inspection and maintenance. Should ACHD engage in
maintenance of the defined common area or facility after having
provided notice to the Association and having provided the
Association an opportunity to undertake said maintenance, ACHD
shall be entitled to and empowered to file a ratable lien against
all lots within Sterling Creek Subdivision with power of sale as
to each and every lot to secure payment of any and all
assessments levied against any and all lots in Sterling Creek
Subdivision pursuant to this Master Declaration, together with
interest at the rate which accrues on judgments thereon and all
costs of collection which may be paid or incurred by ACHD in
connection therein. ACHD may exercise their rights under Idaho
Code by assessing the lot owners and certifying those assessments
in the manner as real property tax. This section shall not be
amended without prior written approval from ACRD. The
Association shall not be dissolved or relieved of its
responsibility to maintain the defined common area and facilities
contained therein without the prior written approval from ACHD.
The Association and all lot owners by accepting title to a lot
agree that all lot owners within Sterling Creek Subdivision are
benefitted property owners for purposes of this section.
2.28 Front and Side Yard Landscaping.
All front yard areas of each Lot and all side areas of each
corner Lot that are exposed to a street must be landscaped and
sodded with grass as the primary means of landscaping within
ninety (90) days of occupancy of the unit. All back yards or
side yards not exposed to a street shall be sodded or seeded with
grass or landscaped within ninety (90) days of the occupancy of
the unit. The failure of the owner to comply timely with this
section shall constitute a failure to perform exterior
maintenance and the Association and/or the Grantor shall have
all rights and remedies provided in Section 2.5 or any other
provision of this declaration. Planting of hardwood, ornamental,
and evergreen trees is strongly encouraged.
2.29 No Dumping.
No excavation material, grass or yard clippings, rubbish,
trash, garbage, refuse or debris shall be placed or allowed to
remain on any vacant or unimproved Lot without the prior written
approval of the Declarant or the ACC. The owner of any Lot who
is in violation of this Section shall be liable for cleanup
and/or removal costs in accordance with Section 2.5 hereof.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 13.
2.30 Detached Buildings.
One storage building may be allowed on each Lot, provided
the building is located to the rear of the Lot, is compatible
with the residence, and is approved by the ACC. Any storage
building or structure must meet all requirements of the City of
Meridian, Idaho.
2.31 Concrete Sidewalks and Driveways.
All Lots shall have four (4) foot concrete sidewalks
constructed in accordance with standards established by the City
of Meridian, Idaho. Concrete driveways will be built _in
accordance with standards established by the City of Meridian,
Idaho. All concrete must be completed by each builder no later
-than completion of each dwelling. Mail box sleeves will be
installed by each builder as approved by the ACC.
ARCHITECTURAL CONTROL COMMITTEE
3.1 Architectural Control Committee.
In order to protect the quality and value of residential
structures built in the Sterling Creek Subdivision, and for the
continued protection of the owners thereof, an Architectural
Control Committee (ACC) shall be established.
3.2 Members of the Committee.
The ACC for the Property shall consist of three (3) members
who must be Lot owners and members of the Homeowners' Association
as membership is defined in Section 4.2 herein, except for
members appointed by the Declarant. The following persons are
hereby designated by Declarant as the initial members of the ACC:
Ron Leslie
Bill Hammons
Donna Jacobson
Each of said persons shall hold office until such time as he/she
has resigned or has been removdd, or his/her successor has been
appointed as provided herein. As long as the Declarant shall be
the owner of at least one (1) Lot in the subdivision, the
Declarant shall have the right to appoint and remove all members
of the ACC. Thereafter, the Homeowners' Association shall assume
responsibilities of the ACC.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 14.
3.3 Approval by Committee.
No building, fence, wall patio cover, window, awning, or
other structure shall be commenced, erected, or maintained upon
the Lots or other properties within the Property, nor shall any
exterior addition to or change or alteration therein be made
until the plans and specifications showing the nature, kind,
shape, height, materials, and location of the same shall have
been submitted to and approved in writing as to harmony of
external design and location in relation to surrounding
structures and topography by the ACC. In the event said
committee fails to approve or disapprove such design and
location, in writing, within thirty (30) days after said plans
and specifications have been submitted to it in such form as may
be required by the ACC, approval will not be required and this
article will be deemed to have been fully complied with.
3.4 Rules and Regulations.
The ACC may establish procedures, including such rules as
the committee may deem appropriate and in keeping with the spirit
of due process of law with regard to the right of concerned
parties due to be heard on any matter before the committee. The
ACC is further hereby empowered to adopt such regulations as it
shall deem appropriate, consistent with the provisions of this
declaration, with regard to matters subject to the committee's
approval, including specifications and requirements for all
submittals to the committee, a requirement for payment by the Lot
owner of a reasonable review fee of less than $200.00, and
matters of design and aesthetic interest.
3.5
No member of the ACC duly appointed or elected shall incur
liability by reason of any act or omission in exercising the
duties herein established for such committee.
HOMEOWNERS' ASSOCIATION
4.1 Formation.
It is contemplated that simultaneously with the execution
and recordation of this declaration, a Homeowners' Association
(hereinafter referred to as "Association") will be incorporated
and will adopt bylaws. To the extent the Articles of
Incorporation or Bylaws of the Association, conflict with the
provisions of this declaration, the provisions of this
declaration shall control.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 15.
4.2 Membership.
Each owner of a Lot on the Property shall be a member of
the Association. Membership shall be appurtenant to and may not
be separated from ownership of any Lot. Ownership shall be the
sole qualification for membership and shall automatically
commence when a person becomes such owner and shall automatically
terminate when such ownership is conveyed or transferred. There
shall be only one (1) membership for each Lot. If there are
multiple owners of a Lot, the owners shall, by written instrument
filed with the Association, designate the individual entitled to
exercise the privileges of membership. Each member shall pay
annual assessments as determined by the Board for (1) repairs and
maintenance of the common areas, weed control, pressurized
irrigation system, other facilities, easement areas specific only
to certain Lot owners as provided in Section 2.26, and any other
common areas defined by the ACC or contained on the subdivision
plat of Sterling Creek Subdivision, and (2) other necessary
expenses incurred or expected to be incurred by the Board..
4.3 Classes of Voting Members.
The Association shall have two classes of voting membership;
however, all votes shall be equal and counted as such, except
where voting by separate classes may otherwise be provided in the
Articles and Bylaws of the Association of this declaration.
(A) Class A members shall be owners with the exception
of the Declarant (during the period when the Declarant is a Class
B member). Each Class A member shall be entitled to one (1) vote
for each Lot owned unless said member is delinquent in payment of
assessments or in violation of any of the covenants, conditions
or restrictions contained herein. If there are multiple owners
of a Lot, the owners shall designate the individual entitled to
exercise the voting privileges of membership, and in no event
shall more than one (1) vote be cast with respect to any Lot.
(B) The sole Class B member shall be the Declarant who
shall be entitled to three (3) votes for each Lot owned. Class B
membership shall cease and be converted automatically to Class A
membership (one Class A membership for each Lot owned) upon the
first of:
(i) When the total votes outstanding in the Class
A membership equals or exceeds the total
votes outstanding in the Class B membership;
or,
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 16.
(ii) May 1, 2008.
RIGHTS RESERVED BY DECLARANT
5.1 Notwithstanding anything to the contrary contained in
this declaration, Declarant expressly reserves unto:
(A) Itself, its successors and representatives,
contractors and their subcontractors easements and rights-of-way
on, over and across all or any part of the streets for vehicular
and pedestrian ingress and egress, to and from any part of the.
Property, or any adjacent Property owned by Declarant, or its
successors or assigns;
(B) Itself, its successors and representatives,
contractors and their subcontractors (including any district,
company, unit of local government, association or other entity
providing water, sewer, gas, oil, electricity, telephone, cable
television, or other similar services), easements, access and
rights-of-way on, over, under and across all or part of the
utility easements on, over and under all Lots as provided on any
recorded subdivision.plat of the Property for installation, use,
maintenance and repair of all lines, wires, pipes, pumps,
facilities, and other things necessary for all such services,
provided that any installation, maintenance or repair of such
lines, wires or pipes shall be performed with reasonable care and
that the surfacd of said easement area shall be restored to the
level and condition that existed prior to the doing of work.
(C) Itself, its agents and successors, all water and
water rights over, upon or under,or appurtenant to the Property,
or any portion thereof, and a nonexclusive easement inside the
boundary of each Lot as identified on any recorded plat per-
taining to the right-of-way for construction of a pressurized
pipe irrigation system.
(D) Itself, its agents and successors, rights to use
public roadways provided in the subdivision to access property
adjacent to the Property for use deemed appropriate by the
Declarant, which may including, but not be limited to,
agricultural use, recreational vehicle park access, residential
development, boat docks, parking lots, or any other activity
deemed appropriate by the Declarant.
6.1 Pressurized Irrigation System.
Each Lot shall be entitled to use the pressurized irrigation
system supplied for use of Sterling Creek Subdivision. The
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 17.
construction, use, maintenance and assessments for the use of,
said system shall be in compliance with the requirements, rules
and regulations of the Nampa Meridian Irrigation District.
7.1 Term
That these Covenants, Conditions and Restrictions shall run
with the land described herein and shall be binding upon the
parties hereto and all successors in title or interest to said
Property or any part thereof, until May 1, 2008, at which time,
said Covenants, Conditions and Restrictions shall be
automatically extended for successive periods of ten (10) years
unless by affirmative vote of not less than three -fourth's (3/4)
of the members of the Homeowners' Association, by an instrument
in writing, duly signed and acknowledged by the Board shall then
terminate or amend said`Covenants, Conditions and Restrictions,
and such termination or amendment shall become effective upon the
filing of such instrument or record in the officer of the
recorder of Ada County, Idaho.
8.1 Amendment
These Covenants, Conditions and Restrictions may be amended
from time to time with respect to any part or portion thereof,
providing at least three-fourths (3/4) of the members of the
Homeowners' Association by affirmative vote approve any such
lamendmerit, which amendment shall be duly made and reduced to
writing as'provided for in Section 7.1 herein, and providing such
proposed amendments shall be in compliance with the laws of the
City of Meridian`, Idaho.
9.1 Enforcement
If the parties hereto, or any of them or their heirs or
assigns, shall violate or attempt to violate any of the
Covenants, Conditions or Restrictions set forth herein, it shall
be lawful for the Board of Directors of Sterling Creek
Subdivision Homeowners' Association to prosecute any proceeding
at law or in equity against the member or members violating or
attempting to violate any such Covenant, Condition or
Restriction, and either to prevent him or them from so doing or
to recover damages or other relief for such violation. In the
event the Board fails to initiate any proceeding against a member
within forty-five (45) days of written notification to the Board
of a violation or attempted violation of these Covenants,
Conditions and Restrictions, it shall be lawful for any member,
at the member's own expense, to initiate any such proceeding
,which could be initiated by the Board.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 18.
y. r
0
9.2
Failure of any member to promptly pay, when due, any
assessments levied by the Board of Directors of Sterling Creek
Subdivision Homeowners' Association or, to pay when due any other
cost or charge provided herein when due, and if such assessments
or payments become delinquent for a period of more than thirty
(30) days, such delinquency shall constitute a lien on the
member/owner's Property, and may be foreclosed in a manner
provided by Idaho law for foreclosures of deeds of trust. The
foregoing shall not be construed to prohibit any other action at
law`or equity to collect delinquent assessments.
That the invalidation of any of these Covenants, Conditions
and Restrictions by judgment or court order shall in no way
affect any of the other provisions, which shall remain in full
force and effect.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and
seal this day of , 1998.
Ron Crow
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 19.
t
STATE OF IDAHO ) r
. ss.
County of Ada )
On this day of in the year 1998, before
me, the undersigned, a Notary Public
in Ada County, State of Idaho, personally appeared RON CROW,
known or identified to me to be the person whose name is
subscribed to the within and foregoing instrument and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above
written.
Notary Public for the State of Idaho
Residing in Ada County, Idaho
My Commission Expires:
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 20.
I
EXHIBIT A
PARCEL 1
A PORTION OF LAND WITHIN THE EAST 1/2 OF THE NORTHWEST 1/4 AND IN THE WEST
112 OF THE NORTHEAST 1/2 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE'1 EAST,
BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A FOUND SRASS CAP AT THE CENTER 1/4 CORNEA OF SECTION,7,
TOWNSHIP 3'NORTH, RANGE 1 EAST, 80ISE MERIDIAN; THENCE
NORTH 00 DEGREE 34'46' EAST, 967.00 FEES' (58 RODS) ALONG THE NORTH/SOUTH
MIDSECTION LINE TO THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE
PARALLEL VITH THE EAST/WEST MIDSECTION LINE,
SOUTH 88 DEGREES 33'48" EAST 301.03 PEEP TO A POINT ON THE WESTERLY
BOUNDARY OF THE DANBURRY FAIR SUBDIVISION NO. 4, SAID POINT IS ALSO 301.00
DEET MOT OF AND AT RIGHT,ANGLES WITH THE NORTHISOUTH MIOSECTION LINE;
THENCE
NORTH 00 DEGREE 34'46" EAST, 877.88 FEET ALONG A LINE PARALLEL. WITH SAID
NORTH/SOUTH MIDSECTION LINE AND ALSO THE WEST BOUNDARY OF SAID DANBURY ?AIR,.
SUBDIVISION NO. 4 TO A POINT ON THE SOUTH LINE OF THE LANDS OWNED BY FLOYD
T. AND SENORA L. .JOHNSON, AS SHOWN IN THE RECORDED WARRANTY OEM$
INSTRUMENT NO. 733588; THENCE
NORTH 88 DEGREES 28'14' WEST 301.00 FEET ALONG THE,SOUTH LINE OF SAID
LANDS OWNED BY FLOYD T. 'AND FEMORA L. JOHNSON TO A POINT ON SAID
NORTH/SOUTH MIDSECTION LINE; - THENCE
SOUTH 00 DEGREE 34'48' WEST 36.90 PRET ALONG SAID NORTH/SOUTH MIDSECTION,
LINE TO THE NORTHERNMOST CORNER OF BUCK 13 OF THE VACATED PLAT OR THE
SECTION GOTTAGE HOME ADDITION TO MERIDXAN; THENCE s
SOUTH 38 DEGREES 30'33' WEST, 244.02 FEET ALONG NORTH LINE OF SAID BLOCK 13
TO AN ANGLE POINT IN SAID BLOCK 139 SAID MOLE POINT IS 150.00'FEET WEST OF
AND PERPENDICULAR TO SAID NORTH/SOUTH MIDSECTION LINE; THENCE
SOUTH 00 DEGREES 34'46" WEST 926.28 FEET ALONG THE WEST LINE OF SAID BLOCK
131 SAID LINE I8 150.00 FEET WEST OF AND PARALLEL WITH THE SAID NORTH18OUTH
MIDSECTION LINE, TO A POINT; THENCE
SOUTH 89 DEGREES 25'14' EAST 1s0.00 FEET ALONG A LINE AT RIGHT ANGLES WITH
SAID NORTH/SOUTH MIDSECTION LINE TO A POINT ON SAID MIDSECTION LIN
I;,THENOE
NORTH 00 DEGREES 34'48' EAST 272.84 FEET ALONG SAXO NORTH/SOUTH MIDSECTION
LINE -TO -THE TRUE POINT OF SEGINNiNQ. `
Page .1 of 2 Pages
c
PARCEL 2
A PORTION OF LAND WITHIN THE SOUTHWEST 114 OF THE NORTHWEST 114 OF THE
NORTHEAST 114 OF SSCTION.7, TOWNSHIP 3 NORTH, RANGE 1 EAST, 8018E MERIDIAN,
MIRIDIAN,.ADA COUNTY$ IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND BRASS CAP AT THE CENTER 114 CORNER OF SECTION 7,
TOWNSHIP 3 NORTH, MANGE 1 EAST, 60182 MERIDM; THENCE
NORTH 00 bEGREE8 34146" EAST 667.00 FEET (86 RODE) ALONG THE NORTHISOUTH
MIDSECTION LINE TO A_POINT; THENCE CONTINUING ALONG SAID NORT14/80UTH
MID-SECTION LINE
NORTH 00 DEGREE 341464 EAST•8$3.00 FEET, TO THE SOUTHWEST CORNER OF THE
LAND DESCRIBED IN THE DEED TO FLOYD T. AND FEMORA L. JOHNSON RECORDED AS
INSTRUMENT 110. 733$68~ AND THE TRUE °POINT Of BEGINNING; THENCE
SOUTH as DEGREES 25'14• EAST 301.00 FEET (FONIERLY 6A8T, 301.00 .FEET AS
SHOWN IN SAID DEED INSTRUMENT N0. 733588) ALONG THE SO= LINE OF SAID
LAND OEEDgO TO THE JOHNSOMS (INSTRUMENT NO. 733580) TO THE SOUTHEAST
CORNER Of SAID LAND DEEDED TO THE JOHNSONS ( INBTRUUENT NO. 783088) AN6
THE WEST LINE OF•DANSURY FAIR SURDIVIBION NO. G, SAID POINT 98 301.00 #=.n
-
EAST OF AND AT RIGHT ANGLES WITH SAID NORTH/SOUTH MID -4=10N LINE; 1104UZ
NORTH 00 DEGREE 34'48' MAST 182.24 FEET (PORKERLY NORTH, 140.00 FEET A8
SHOWN IN SAID DEED INSTRUMENT NO. 733386) ALONG THE WEBT LINE OF 171E
DANBURY FAIR SUBDIVISION NO. S AND ALONG A LINE PARALLEL WM AND 301.00
FEET aASTHRLY OF THE MID-SECTION LME OF SAID SECTION 7 TO A POINT ON THE
NORTHERLY LINE OF SAID SOUTHWEST 114 OR THE NORTHWEST 114 Of THE NORTHEAST
1/4 OF SECTION 7 AND THE NORTHWEST CORNER OF SAID DANBURY PAM SUBOI'1:-:�N
NO. 8; THENCE
NORTH Go DEGREES 42'37' WEST 301.00 PEST (FORWRLY WEST, 301.00 FEET AS
SHOWN IN SAID OEM INSTRUMENT NO. 733580) ALONG SAID NORTHERLY LINE OF IME
SOUTHWEST 114 OF THE NORTHWEST 114'OF THE NORTHEAST 114 TO THE NORTHWEST
CORNER OR SAID SOUTHWEST t/4 OF THE NOATMlUT 114 OF THE NORTHEAST 114 OF
SECTION 7; THENCE
SOUTH 00 DEGREE 341484 WEST 180.72 FEET (FORMERLY EOLITH, 140.00 FEET AS
SHOWN IN $AID DEED INSTRUMENT NO. 733586) ALONG SAID MGMISOm
MID-SECTION LINE OF SAID SECTION 7 TO THE TRUE Pores OF BEGINNING.
Page 2 of 2 Pages
_rt
MERIDIAN CITY COIL w
APRIL 21, 1998
PAGE 4
ITEM #2: TABLED MARCH 17,1998: PRELIMINARY PLAT, 48 LOTS FO
RTHE VILLAS AT THE LAKES SUBDIVISION BY STEINER CORPORATION:
ITEM #3: TABLED APRIL 7,1998: INSTALLATION OF SEPTIC SYSTEM FOR
A WAREHOUSE BUILDING BY MCCALL PROPERTIES:
Corrie: I guess this is' one I was going to talk to Council about earlier. Council
the — Brad Miller who is the project with Van Auker has talked to Paul Clayton,
Paul Clayton has talked to Mr. Saum, Mr. Saum is really pretty sick right now and
that was one of his higher priorities. I would like to —is there anyone here from
McCall Properties? Okay, I hate to ask for a continuance or table this till next
May 5th but I think we need to discuss this one in a little more context because I
don't think we're going to get too far with Mr. Suam on this. Is there any
discussion or any questions you might want to ask?
v
Bird: Do we have to table this or can we just take it off the agenda until they
bring it back to us?
Corrie: , I would like to table it, l think we need to discuss this between now and
May 5th because there's some things that we need to do and make a decision on
what we're going to do here.
Bird: Yeah, I talked to Brad and Ron today.
Corrie: Okay. There was a formal request by the McCall properties so I would —
Rountree: Have we made contact with McCall Properties and indicated a point
and time where they have to have an answer?
Corrie: They told me that they didn't have to have one right now, they're still
about a month and a half, two months away with what they want to do so I think if
we act in two to four weeks°that will be plenty of time for them.
Bird: Mr. Mayor, -1 make a motion that we table the McCall Properties septic
system until May 5th.
Rountree: Second.
Corrie: Motion,made by Mr. Bird seconded by Mr. Rountree to table till May 5th
meeting, any further discussion? Hearing none. All those in -favor say aye.
F
MOTION CARRIED: All ayes.
ITEM #4: TABLED APRIL 7,1998: FINAL PLAT FOR STERLING CREEK
(ELVIRA) SUBDIVISION (49 LOTS) BY RON CROW — EAST OF EAST 5T"
C
MERIDIAN CITY CO*IL
APRIL 21 1998
PAGE S i
- i
STREET AND NORTH'OF EAST CARLTON PART OF NE % & NW % SECTION'
7 T.3N., R1 E:
Corrie: Is Mr. I know Ron is here -- would you like`to come up and if we have
any questions that council might have on this one.
}1A
Bird: My application says Dan Crow it is wrong isn't it?
Corrie: I'm sorry, it's °close°there, I'm sorry: It says Ron, it -says Dan here so --
Stansfield: I'm Scott Stansfield with JUB Engineers, 250 S. Beechwood Avenue,
Boise,1daho.' We had an opportunity to provide written response on the 13th and
I believe all of you should have a copy of that and it's pretty self-explanatory, I'll
be glad to answer any. questions you may have.
Corrie: Council, questions?
Bentley, Rountree, Bird: None
Corrie: Okay, thank you. .
Rountree: Questions for Shari or Gary or both, the mis"sing items and concerns
that they expressed previouslyhave those been taken care of by written
response?
Stiles: Councilman Rountree, Mayor and Council, the majority of the items have
been taken care of with this submittal, I have not received a draft of the
development agreement or the landscape plans and the CC&R's were just
received I believe last Friday -and we haven't had a chance to review those but
with the provision that if we -encounter any problems we'd be able to bring it back
to Council if we have a major issue I don't have any problem with it. '
k
Smith: Councilman Rountree, Mayor and Council, I think they've answered all of
our concerns from Public Works Department.
Rountree: Do you guys have any issues? Mr. Mayor, I would move that we
approve the final plat for Sterling Creek Elvira Sub subject to staff. comments in
coordination with planning and zoning and City Engineer.
Bird: I'll second that.
Corrie: Motion made by Mr. Rountree second by Mr. Bird, to approve the final
plat acceptance, any further comments or discussion? Hearing none. All those
in favor of the motion say aye.
J
MERIDIAN CITY COUNCIL REGULAR MEETING `
APRIL 7, 1998
PAGE 27 -
requirements and resolving of the irrigation issues and the attempt to contact the ditch
owners of that downstream ditch.
Bird: I'll second that.
Corrie: Motion is°made by Mr. Bentley and second by Mr. Bird on the motion as stated.
Is there any further comments? Hearing none, all in favor of the final plat of Gemtone
#3 Subdivision, say aye.
MOTION CARRIED: All ayes.
ITEM NO. 13: FINAL PLAT FOR ELVIRA SUBDIVISION (49 -LOTS-) BY RON CROW:
EAST OF EAST 5T" STREET AND NORTH OF EAST CARLTON:
Corrie: Is Mr. Crow here this evening? Yes, or the engineer, I'm sorry. }
Stanfield` Scott Stanfield with JUB Engineers. First I would like to apologize for not
getting a letter of response to city staff comments. For some reason or another I didn't
get a copy of the comments until this afternoon, but I did have time to look it over and if
it please the council I would like to take a brief moment to touch on four on those. First
is we agree with all of the comments with clarifications and exceptions to a total of .four
of them. First one is the site specific comment number two in that we are required to
construct a six foot high perimeter fence on — my question would be does that pertain to
areas -where an existing fence is already in place.
Bentley: I didn't hear -your head shake.
Stiles: If there is an existing fence that's built, we don't require you to build another
fence. This was kind of a generic comment, but the perimeter fencing, we have made
exceptions wherever there's'adjacent residential developments.
Stanfield: That's fine: Site specific comment number three, if you read along in your
copy the third to the last sentence states a minimum of five feet from top of bank shall
be allowed on the western bank of Five Mile Creek. That would be for the rear lot lines.
Right now we show two to three feet beyond the top of bank that rear lot line. And that
came about because Nampa Meridian Irrigation District requested that we shorten that
distance down to two to three feet to decrease their maintenance responsibilities.
Bentley: Oh, they never cease to amaze me.
Stanfield: We do have on the eastern side is the easement (inaudible) so we are
(inaudible)
11
I0
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 28
Bentley: Mr. Mayor, I have a question on this. So they move their lot line to three feet
so they don't have to maintain it. They decide to put a fence up on that lot line. Now'
are we going to hear from Nampa Meridian on this, just as bad as we're wrestling \Mth-
them over on Cherry Lane?
Corrie: Good question.
Bentley: Nobody wants jump on that one, huh?
Smith: Mr. Mayor and Councilmen, 1 assume that they are,going to have to have an
encroachment agreement.
Stanfield: We are working on the license agreement.
Smith: So the license agreement will specify, I assume will specify, that type of
language if they agree to that two to three foot from the edge of bank. That would be
part of their license agreement. They would sign off on that. If there isn't a
maintenance access road for.File Mile Creek, Five Mile drain on the other side, then
don't the irrigation district is particularly interested in both side. They would just as" soon
have someone else take care of it. So I don't -think they'll have a problem in signing off
on that as a license agreement. m
Bentley: Okay, thank you.
Stanfield:' (Inaudible) Two more quick comments. Site specific number seven states
provide five foot sidewalks and pedestrian walkways in accordance with City Ordinance.
Again it says including lots 30 and 34 of Block 1. These lots weren't intended to be
(inaudible). The current city policy requires that we provide a 20 foot wide access for
.the city to maintain access to the sewer line. Consequently we are going to pave the
entire 20 foot width of (inaudible). The next comment, the last one`site specific number
eight, the very last sentence makes reference to keep the sewer lines on the south and
west sides of the centerline. I just want to make sure this does not pertain to the
existing north south sewer line that runs through the property because of the existing
topography at Five Mile Creek and the required lot depths. North Cabbage Street, the
existing sewer ends upon the east side of (inaudible) water on the west side. When we
go to the north half of the development putting the sewer line,along that and (inaudible)
Bentley: Can 1 have'a comment from Gary' on that?
Corrie: Okay. I also wanted on number seven from Shari, but go ahead.
Smith: Mr. Mayor and Council members, I don't think I'm totally knowledgeable on what
conversations may have taken place between my staff and JUB Engineers. I'm sure
F
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998„
PAGE 29
that it's been discussed. And 1 understand the situation with the sewer. It's there, and x
it's - the corridors have been flip-flopped between sewer and water in this particular
case. We did have a similar situation in Dakota Ridge out at Ustick — it is the
Ashenbrenner.property, and we had an area iri there where we had a similar situation.
The layout of the subdivision required the sewer to be on the opposite side of the street
where it should be and the sewer was already there.
Bentley: So we're not asking him to move the sewer.
Smith: No, sir.
Bentley: And everything is fine the way it is.
Smith: Yeah, I think we can live with it.
Corrie: Let's backup just one for my edification. Shari, what about -item number -seven
and the sidewalk.
Stiles: -if they want to pave that entire area, that's fine with me. I would like to maintain
the access between the subdivisions. The lot 30, that area, it does continue over into
,Danbury Fair Subdivision and will provide a good interconnection between those
neighborhoods. They'll need to put some ballards up there to keep the cars out, but if
they want to pave the entire 20 feet, that's fine with me.
Stanfield: Lastly this development is going to be renamed Sterling Creek Subdivision.
(Inaudible) That's it, unless you have any questions. Again Vapologize for the written
comments, but we will (inaudible). i
Corrie: Any further questions?
Bentley: I have one of Shari. She looked like she was reaching for the microphone.
The question I have is on having not received the written comments.
Stiles: I would like to get the written response, to this. We also need to receive the
CC&R's. We haven't draft of those yet. And I would kind of like to go back to item
number three. In the preliminary plat we also expressed that we didn't want the
encroachment on the east side of that easement so that the full width would be
maintained for the possible future pathway. It's was a little difficult for us to tell because
of the change in scale from the preliminary to the final where those contour lines would
end up. But if they get the encroachment agreement, I was wondering why Nampa
Meridian wouldn't also allow utilities to be placed within the immediate ten feet adjacent
to the back lot line. Because this is going to be very difficult to follow because people
are going to say, well, you've got a 15 foot rear setback, and they would in fact be
MERIDIAN CITY COUNCIL REGULAR MEETING
't'
APRIL 7, 1998 {
PAGE 30
building on top of'those utility lines. That's going to be real hard for us to track. And'
particularly if there's not any special setback requirement shown on this plat.
Stanfield: If I can add now, we are going to concur with everything on this list that'
Shari's mentioned. We are (inaudible) that area so there is no conflict with the setback.
(Inaudible)
Stiles: Is there any possibility that if you get the encroachment agreement, they will also
let put the utilities in there? Or is BOR involved in this?
Standfield: BOR is not yet. We haven't heard from them. Something we can definitely
look at.
Stiles: I think it would.be a"lot easier down the road because a lot of times, people will
just call and say what are the setbacks and you tell them and then they go build a shed,
you know, pour concrete slab or something without a lot of times even getting a building
permit.
Standfield: (Inaudible) T
Stiles: Thanks.
Corrie: Shari, would you be more comfortable holding this for one more council meeting
since we don't have the CC&R's and the answers or does it meet your agreement
there?
Stiles: I guess since it is a final plat, I would be more comfortable seeing what the final
is really going to look like.
Stanfield: (Inaudible).
Corrie: Those are the four that bother me particularly number three. The minimum of
five feet, three feet. I don't know whether Shari's comfortable with that or not.
Standfield: (Inaudible)
Corrie: It's' up to Council.
Bird: I'd like — when did you receive these? g
L
Stanfield: I could not find a copy in our office and then this afternoon I called Mr.
Freckleton and left the message and he was kind enough to fax (inaudible). But to say
whether we received them or not, I don't know.
I
MERIDIAN CITY'COUNCIL REGULAR MEETING
APRIL 1, 1998
PAGE 31
Corrie: Any further questions? Okay.
Bentley: I'm still like you. I just don't know what to think of this, giving up two more feet
back there. I mean it's nice to give it to somebody. I still have a problem with falling in
line with the irrigation'company. Shari, you don't see a problem on that?
Stiles: With going from five feet to two or three feet? The reason we put the five foot
requirement is that's what we are putting in the new ditch ordinance. We've had some
problems in town with the slopes eroding and fences literally failing off into the
drainages and the creeks., I'm afraid with only two'feet instead of having five feet, that
somebody might actually be able to walk down there and actually maintain it. It's going
to be two feet that's going to be impossible for anybody to do anything. So that's why
we asked for the five feet:
Bentley: Thank you.
Bird: Shari, do you feel comfortable or do.you want hold jt,down forthe next meeting?
Stiles: I guess 'l don't feel entirely comfortable with it at this point. I'd like to know how
soon that encroachment agreement is scheduled to be acted on by Nampa Meridian,
whether the Bureau of Reclamation is actually involved in this. I would like to see some
of the changes actually incorporated on this, some of the major ones, and maybe even
some kind of an overlay provided to just show where the actual contra lines are,on this
plat because if is hard to tell from the preliminary to this where those contra lines falls.
Bird: Shari, I'd also like to know when we sent these, whether we faxed them, how they
were sent to their office when they done.
Stiles: They were completed on —
Bird: They were completed on March 31st, but when did they go to them?
Stiles: It was my understanding that they were faxed that day, but —
Bird: By whose machine?
Stiles: Public Works Department.
v
Bird: Do you have a recording on that Gary that can tell us?
Stiles: I think there is a monthly periodic printout that comes out. I donT.know if Bruce
had a confirmation that he kept in the file.
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 32
Bird: I'd just like to know for myself. It don't have any determination on how I vote
tonight, but I'd like to know for myself.
Stiles: Is it possible Gary Lee had them?
Stanfield: (Inaudible)
Bird: I'm done. Thank,you.
Bentley: Mr. Mayor, I too have some concerns with some of the missing items here.
would make a motion we table this to 4/21,. and hopefully be able to get the CC&R's and
some of the other — and the written response to the staff comments to them and get this
situation done with the irrigation.
Bird: I'll second that.
Corrie: Motion made by Mr. Bentley and second by Mr. Bird that we table item number
13 of the final plat for Elvira or Sterling Creek possible okay until 4/21/98, next meeting.
Any further discussion? All those in favor of the motion, say aye.
MOTION CARRIED: AII•ayes.
ITEM NO. 14: REQUEST FOR HOOKUP TO SEWER BY CATHERINE DAESTRABEK
-- 3175 N. TEN MILE ROAD:
Corrie: Would you like— is she here? I was apologizing to somebody'else. Okay,
Council the letter I guess is request to hookup to sewer. Have they talked to you, Gary?
Smith: No, they haven't. They didn't talk to me specifically about it. We did stub a
service line to the property along the -south side of the well lot number 19 when the
Englewood Creek was constructed to provide service at some future time if they
required -it..
Corrie: Does that require a water.,hookup along the sewer or can we just give them
sewer? How do we know how much water they use?
Smith: Well, in the past, it's kindof been -a council decision as to whether you require
them to connect the water at the same time or not. There is water available in Ten Mile
'Road. If they aren't connected to water, then what we've done in the past is just
assessed them a flat rate per month for4he sewer use based on a single family
residence in the area.-
A
MERIDIAN CITY COUNCIL MEETING: APRIL 7 1998
APPLICANT: RON CROW ITEM NUMBER: 13
REQUEST: FINAL PLAT FOR ELVIRA SUBDIVISION (49 LOTS) EAST OF EAST a AND NORTH OF EAST
CARLTON
AGENCY,
CITYCLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
REVIEWED
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
ROBERT D. CORRIE
Mayor
GARY D. SMITH, P.E.
Public Works Director
CITY OF MERIDIAN
PUBLIC WORKS / BUILDING DEPARTMENT
MEMORANDUM:
I
s
COUNCIL MEMBERS
CHARLES M.ROUNTREE
GLENN R. BENTLEY
RON ANDERSON
KEITH BIRD
March 31, 1998
To: Mayor and City Council�D
From: Bruce Freckleton, Assistant to City Engineer
APR 01 1998
Shari Stiles, P&Z Administrator L -75a CITY OF MERIDIAN
Re: ELVIRA SUBDIVISION By Dan Crow
(Request for Final Plat Approval)
f
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. Five Mile Creek is specifically
excluded from the tiling requirement. Plans will need to, be approved by the appropriate
irrigation/drainage district, or lateral users association, with written confirmation of said
approval submitted to the Public Works Department.
2. Any existing domestic wells and/or septic systems within this project will have to .be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
3. Determine the seasonal high groundwater elevation, and submit a profile of the
subsurface soil conditions, as prepared by a soil scientist, with street development plans.
4. Submit a plan approval letter to the. Public Works Department from the entity having
jurisdiction over design and construction of the pressurized irrigation system. A letter of
credit or cash, will be required for these improvements prior to signature on the final plat.
5. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted,
and detail plans for reducing or eliminating the boundary.
6. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
EMra Sub.FP
200 East Carlton, Suite 100 - Meridian, Idaho 83642 Phone (208) 887-2211 - Fax (208) 887-1297
I
Mayor & Council
March 31, 1998
Page 2
7. Please submit a copy of the Ada. County Street Name Committee's final approval letter
for the Subdivision name, lot and block numbering, and street names. Make aay '
corrections necessary to conform.
8. Please address, in written form, all items contained in this memorandum and submit Ito
the City Clerk's office by 5:00 P.M. of the Friday prior jo the scheduled meeting of the
City Council. Prior to development plan approval, three copies of the revised plat must
be reviewed by the Public Works Department for compliance with all conditions of plat
approval. '
SITE SPECIFIC COMMENTS +
1. This final plat generally conforms to the approved preliminary 3Plat.
2. Construct six-foot-high, permanent, non-combustible perimeter fencing prior to obtaining i
building permits unless specifically waived 'in writing by the City P&Z AdministratorJA }
letter of credit or cash will be required for this fence prior to signature on the final pl�`t.
Fencing is to be in place prior to applying for building permits.
i
3. Provide an executed copy of the encroachment agreement for Five Mile Creek from
appropriate agencies prior to signature of the final plat. Five Mile Creek is designatedlas
a multiple use pathway in the Meridian Comprehensive Plan. No encroachment of the
easterly easement boundary should be permitted. An easement for public pedestrian
access on the easterly bank of Five Mile Creek shall be recorded prior to signature on the
final plat and noted on the plat (referring to the instrument number). A minimum of five
feet from top of bank shall be allowed on the western bank of Five Mile Creek. Lot lines
shall not encroach within these areas. Revise property lines to conform. l
4. Lots 11=19 and 21-24, Block 1, show utility easements located as far as 20 feet from the
rear property boundaries. Property lines need to be revised to match the easement line, or
special setbacks clearly noted on the plat and within the restrictive covenants for these
lots. Also, indicate a minimum 25' rear setback for townhouse lots as agreed to in public
meetings.
5. A .review of City files indicates that CC&R s for this development have not yet been E
received. City Council review of these CC&R's is required prior to signature on the final'
plat.
b. Submit detailed landscaping plans including fencing locations and types, 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.
i
EMra Sub.FP
Mayor & Council
March 31, 1998
Page 3
7. Provide five -foot -wide sidewalks and pedestrian walkways in accordance with City
Ordinance Section 11-0-606.B., including Lots 30 and 34, Block 1.
8. 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.
9. A blanket sewer easement to the City of Meridian needs to be indicated on the plat over
Lots 30 and 34, Block 1. Add "City of Meridian" to the 20' sanitary sewer easement
notation.
10. Water service to this site will be via an extension from existing mains adjacent to this
development. Applicant will be responsible to construct the water mains to and through
this proposed development. Subdivision designer to coordinate main sizing and routing
with the Public Works Department.
11. All street signs, road base, appropriate traffic/pedestrian safety devices along Five Mile
Creek, streetlights, pressurized irrigation system, domestic water system (activated fire
hydrants), and fencing are to be installed prior to obtaining building permits.
12. Compaction test results must be submitted to the Meridian Building Department for all
lots impacted by filling of ditches.
13. The developer shall be responsible for the payment of any sewer and water assessment
fees associated with this project. Payment of these fees is required prior to signatures on
the final plat.
14. If the pressurized irrigation system within this development is to remain private the
developer shall be required to prepare a pressurized irrigation system O&M manual. 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.
15. Add arrows delineating frontage of lots for Lots 1 and 10, Block 2, and Lots 29, 35 and
37, Block 1, as they do not meet the 65' minimum frontage requirement for R-8.
16. All townhouse units will need to maintain a 10' separation per story between buildings if
not attached.
17. A development agreement is required prior to signature on the final plat. Applicant or
Applicant's representative shall coordinate with Shari Stiles to draft an agreement for
review by the City Attorney and approval by the City Council. The development
Wra Sub.FP
Mayor & Council
March 31, 1998
Page 4
agreement could possibly be placed on the same agenda as the CC&R's for this
development.
Elvi2 Sub.FP
C11
0ENTRAL
DISTRICT
HEALTH
DEPARTMENT
Rezone # _
Conditional
Preliminaryo
CE RAL DISTRICT HEALTH'DEPARTIENT
Environmental Health Division
Short Plat ZZ_ VIA 4
Return to:
❑ Boise
❑ Eagle
❑ Garden City
Meridian
❑ Kuna
❑ ACz
❑ I. We have No Objections to this Proposal. MAR 2 6 1998
❑ 2.` We recommend Denial of this Proposal. CITY OF MERIDUN
❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
k ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
❑ S. -Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
❑ high seasonal ground water ❑ waste flow characteristics
❑ or bedrock from original grade ❑ other
❑, 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters. r
❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
' 8. After written approval from appropriate entities are'submitted, we can approve this proposal for:
.a central sewage ❑ community sewage system ❑ community water well
❑ interim sewage -49 central water
❑ individual sewage ❑ individual water
9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
j2l"tentral sewage community sewage system ❑ community water
'] sewage dryylines central water
10. Run-off is not to create a mosquito breeding problem.
❑
11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
❑ 12. If restroom facilities are to be installed, then a -sewage system MUST be installed to meet Idaho State Sewage
Regulations.
❑ 13. 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
OrDate: J
14. % 4Usrz!%�/ S�7�if/77✓� tSCs'�/�I�+r/ iy�
EEfaGT?cc Reviewed By:
.�/'aie/yw,�rz 2c.� �4� �%2�i7zFl�'i+/�✓i %,S ,t�✓ism-7� ,
Review Sheet
CDHD I0191 rd, re.. 7/97
17 March\1998
Will Berg, Cit
City of Meridi
33 East Idaho
Meridian, ID
Z
. WT�
��;P AR 3 3 1998
ORGANIZED 1904 C I ® f iERMAN
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 2RUW394XX 208-463-0183
Phones: Area Code 208
OFFICE: Nampa 466-7861
Clerk xxxx'WxA#x
SHOP: Nampa 466-0663
S x5xxx36XMJcx
RE: Final Plat for
Dear Commissioners:
Subdivision, a P. U.D. - Dan Crow
The Five Mile Drain courses through., the above mentioned project, this is a contract drain with
the Bureau of Reclamation. Please contact John Caywood for accurate easement widths.
The Nampa & Meridian Irrigation District' requires that a Land Use Change/Site Development
application be filed for review prior to final\latting. Contact Donna Moore at 466-7861 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 &
Meridian Irrigation District.
Sincerely,
-'BaIT �on,�ss�- Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH.•dln
File - Shop
File - Office
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
ry
•
SUPERINTENDENT
Dr. Bob L. Haley
March 13, 1998
City of Meridian— :..
3 3 East Idaho
Meridian, Idaho 83642
RE:._Elvira Subdivision
Dear Councilmen:
I have reviewed the plat for Elvira Subdivision and find that it includes approximately 33 homes assuming
a median value of $100,000. We also find that this development is located in census tract 103.12 and in
the attendance zone for Spalding Elementary School, Meridian Middle School and Meridian High School.
Using the above information we can predict that these homes, when completed, will house 8 elementary
aged children, 8 middle school aged children, and 6 senior high aged students. This development will
cause additional overcrowding in all three schools. The cost per student for newly constructed schools,
excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and
$10,000 per middle or high school student.
Even though, we are in a difficult position and need your help in dealing with the impact of growth on
schools, we will approve this subdivision.
Sincerely,
Jim Carberry,
Administrator of Support Programs
a
. e
BOARD OF TRUSTEES
Rex Harrison • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann
M
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
KENNETH W. BOWERS, Fire Chief
W.L. 'BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Legal Department (208) 884-4252
ROBERT D. CORRIE
Mayor
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M.ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
MARK NELSON
BYRON SMITH
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: MARCH 31, 1998
TRANSMITTAL DATE: 3/10/98 HEARING DATE: 4/7/98
REQUEST: Final Plat for Elvira Subdivision, a P.U.D.
BY: Dan Crow
LOCATION OF PROPERTY OR PROJECT: Part of NE '/4 & NW '/4 Section 7, T.3N.,
R"1 E.
JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT
MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT
BYRON SMITH, P/Z ADA PLANNING ASSOCIATION
_KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH
_ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT
RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT
_CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT)
_KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT)
_GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
_WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
_SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT YOUR CONCISE REMARKS: " - � t
_POLICE DEPARTMENT iti
_CITY ATTORNEY Alo LIekiM5
_CITY ENGINEER
CITY PLANNER
_ PARKS DEPARTMENT
_ CITY FILES .57-f -a:�. AbOi -,P SrGwS wee -;A6 3 �
T
2
11 MAR 17 1998
'T MERIDIAN
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
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: MARCH 31, 1998
TRANSMITTAL DATE: 3/10/98 HEARING DATE: 4/7/98
REQUEST: Final Plat for Elvira Subdivision. a P.U.D.
BY: Dan Crow
LOCATION OF PROPERTY OR PROJECT_ Part of NE '/4 & NW '/4 Section 7, T.3N.,
RJ E.
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P2
_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
PARKS DEPARTMENT
_ 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 RECLAMAT10 RE & FINAL PLAT)
IDAHO TRANSPORTATIO E TMENT
YOUR CONCISE REMARKS:
MHUB OF TREASURE VALLEY
COUNCIL MEMBERS
A Good Place to Live
WALT W. MORROW, President
CITY OF MERIDIAN
RONALD R. TOLSMA
C HARLES M. ROUNTREE
GLENN R. BENTLEY
33 EAST IDAHO
,
MERIDIAN, IDAHO 83642
P & Z COMMISSION
Phone (208) 888-4433 • FAX (208) 887-4813
JIM JOHNSON, Chairman
Public Works/Building Department (208) 887-2211
MALCOLM MACCOY
Legal Department (208) 884-4252
KEITH BORUP
MARK NELSON
ROBERT D. CORRIE
BYRON SMITH
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: MARCH 31, 1998
TRANSMITTAL DATE: 3/10/98 HEARING DATE: 4/7/98
REQUEST: Final Plat for Elvira Subdivision. a P.U.D.
BY: Dan Crow
LOCATION OF PROPERTY OR PROJECT_ Part of NE '/4 & NW '/4 Section 7, T.3N.,
RJ E.
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P2
_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
PARKS DEPARTMENT
_ 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 RECLAMAT10 RE & FINAL PLAT)
IDAHO TRANSPORTATIO E TMENT
YOUR CONCISE REMARKS:
S'CIVISION EVALUATION AEET E
MAR 2 3 1-998
Proposed Development Name STERLING CREEK (ELVIRA) city=Xd
an ME AN
Date Reviewed03/19/98 Preliminary Stage Final XXX
Engineer/Developer J.U.B. Engr. / Ron Crow
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:
"E. CARLTON AVENUE"
"E. WASHINGTON AVENUE"
'E. BADLEY AVENUE"
"N CATHY AVENUE" is approved and shall appear on the' plat
"N INEZ PLACE" is approved and shall appear on the plat.
The above street name comments have been read and approved by the following agency
representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures
must be secured by the representative or his designee in order for the street names "to be
officially approved.
ADA COUNTY STREET NAME COMMITTE GENCY/R RE ENTATIVES OR DESIGNEES
Ada County Engineer John Priester Date
Ada Planning Assoc. Ann Hurley Date
City of Meridian Representative 0 Date
Fire District Meridian Representative Date / 0
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 !!!!
Subindex Street Index 3N/ JE 7 Section
NUMBERING OF LOTS AND BLOCKS CIZ- D4" 311
TR\SUBS\SM_CITY.FRM
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
t
w' HUB OF TREASURE VALLEY
A Good Place to Live
CITE OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Legal Department (208) 884-4252
ROBERT D. CORRIE
Mayor
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
MARK NELSON
BYRON SMITH
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: MARCH 31, 1998
TRANSMITTAL DATE: 3/10/98 HEARING DATE: 4/7/98
REQUEST: Final Plat for Elvira Subdivision, a P.U.Q.
BY: Dan Crow
LOCATION OF PROPERTY OR PROJECT: Part of NE '/4 & NW '/a Section 7, T.3N.,
RJ E.
JIM JOHNSON, 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
—SEWER
DEPARTMENT
FIRE DEPARTMENT
_POLICE DEPARTMENT
CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
PARKS DEPARTMENT
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 PLAT)
IDAHO TRANSPORTATION DEPARTMENT
YOUR CONCISE REMARKS:
; =Y
Zi, If s az REQUESZ,FOR SUBDIVISION- APPROVAL- 1: , L,p— ,
't -(PREL'IMINA'RY' Pi..AT-AND/OR FINAL PLAT
"*" A 'PLANNING AND- ZONING -COMM ISSION
TIME TABLE -FO'R`D SUBMISSION"'`
A request for preliminary plat approval must be 1; the city
Clerks , possessionB no later ,than. -three days following the
regular meetingroi the Planning and Zoning Commission.'
4 r �1 y
The Planning' and Zoning Commission rill hear the request at'
the ;month"ly meeting following the month the request vas
made. _
f @ ' r
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 Cot*ssion
adti`on.
t r
GENERAL INFORMATION
k e
1. Name of Annexation and Subdivision, E1 vi ra Subdivision , -a P.U.D.
2. General Location.-
Part of NEQ & NW;, Section 7, T.3N. , R.H. , Ada County, ID 3
3. Owners of record, Ruth Crow and Elnora Johnson
c6QQ Ron row
Address, 6 37 W. Parapet, Slci se ID . Zip 83703 Telophone 853-1001
4. Applicant, Ron Crow Address, 6937 W. Parapet, Boise, ID
5. Engineer,
Gary A. Lee, P.E./L.S. Firs J -U -B ENGINEERS, Inc.
25p S. g echwood Avenue `
Address Bolse, I� , Zip 83709 Telephone 376-7330 +
6. Name and address to receive City billings:. Name Ron Crow,,,F,, , V 6
6937 W. Parapet"- `" !
Address Boise, ID Telephone 853-1001'
PRELIMINARY PLAT CHECKLIST: Subdivision Features }
1. -Acres 10.85
2. Number of lots 33 SFR + 8 $townhouses + 8 cordon lots
3. Lots per acre 3.78
4. Density per acre 3.78 units/acre
5. Zoning Classification(s) R8 t
If the proposed subdivision is outside the Meridian City
Limits but within the jurisdictiorsal mile. vhat is the
existing zoning classification
Does the plat border a potential green belt yes -- Five Mile Creek
Have recreational easements been provided for yes
9. Are there proposed recreational amenities to the City yes
Explain common lot along Five Mile Creek
10. Are there proposed dedications of common areas? yes
Explain greenbelt, sanitary sewer., private driveways, storm drain
I
11.
12.
For future parks? no Explain I
What school(s) service' the area Meri di an do you
propose any agreements for future school sites no
Explain I.
Other proposed amenities to the City Water Sup�ly
Fire Department Fire Hydrants Other
water and sewer Explain extensions of domestic water and
sanitary sewer
Type of Building R (Resicki t;tial, Commercial, Industrial or
combination)
Type o Ovelli t ) Si le Famil
other 53 s i ngl a �m' Ny + townhouses
Dulexel , Multiplexes,
bui� di ngs
Proposed Development features: 6,500 SF - SFR
a. Minimus square footage of lot(s), 3,477 SF - townhouse 1 is
1,001 SF - SFR I
b. Minimum square footage of structure(s) 800 SF - _tovrnf ouse lots
C. Are garages provides for, yes square f ootage 400 SF ±
d. Are other coverings provided for no
e. Landscaping has been provided for yes Describe
storm drainage pond, 8 -foot buffer between townhouses and
Catherine Park Subdivision
(2)
f.
9-
h.
i.
J.
k.
1.
m.
16. Does
Does
Trees will be provided f or yes Tr
maintained H.O.A.
Sprinkler systems are provided for
Are there multiple units_ yes Type townhouses
remarks two living units per building
Are there special set back requirements Yes .
Explain zero setback on common wall line
Has off street parking been provided for yes .Explain
driveways and garages
Value range of property $80,000 to $120,000 III
Type of financing for development C6nyentional , FHA, VA
Protective covenants were submitted no .Date
the proposal land lock other property no
it `create Enclaves no
STATEMENTS OF COMPLIANCE:
1. Streets, curbs, gutters and sidewalks are to be constriicted
to standards as required by Ada County Highway Diatrict and
Meridian Ordinance. Dimensions will be determined b' the
City Engineer. All sidewalks will be five (5) feet in
width.
2. Proposed use is in -conformance with the City of Me idian
Comprehensive Plan.
3. Development will connect to City services.
4. Development will comply with City Ordinances.
5. Preliminary Plat will include all appropriate easement
6. Street names must not conflict with`City grid system.
(3)
fJ-U-B,k
February 27, 1998
Mr. Will Berg, City Clerk
City of Meridian
33 East Idaho Street
Meridian, ID 83642
Dear Mr. Berg:
RE:
ELVIRA SUBDIVISION, A P.U.D.
FINAL PLAT (Ron Crow)
J -U -B ENGINEERS, Inc
ENGINEERS - SURVEYORS - PLANNERS
250 South Beechwood Avenue, Suite 201
Boise, Idaho 83709!0944
208-37&7330
FAX: 208-3239336
Enclosed for your review and processing are the necessary documents as established by the City
of Meridian Ordinances for a Final Plat for the above -referenced subdivision. As stipulated by
said ordinance, please find enclosed the following:
1. 30 copies of the Application for a Final Subdivision Plat.
2. 30 copies of the Final Plat, Sheet 1, 18"x27", at a scale of 1" = 100'.
3. 3 copies of the Final Plat signature page, Sheet 2, 18"x27".
4. 10 copies of a reduced copy of the Final Plat at a scale of 1" = 300'.
5. A check in the amount of $490.00 for the Final Plat application fee from Ron Crow, Inc.
6. A copy of a Purchase and Sale Agreement showing that Ron Crow has a vested interest in
the property.
7. 4 sets of Improvement Plans, Sheets 1 through 9, dated March 2, 1998.
8. A copy of the Ada County Evaluation Sheet approving the public street names.
Also, per City requirements, on behalf of the owner, Ron Crow, we wish to make a Statement of
Compliance as follows:
1. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by Ada
County Highway District and Meridian Ordinances. The City Engineer will determine
dimensions. All sidewalks will be five (5). feet in width.
2. The proposed use of this development is in conformance with the City of Meridian
Comprehensive Plan.
3. This development will connect to City services.
4. This development will comply with City Ordinances.
5. This Final Plat is in conformance with the approved Preliminary Plat.
6. The street names are as approved by the Ada County Street Name Committee and will not
conflict with the City of Meridian grid system.
rJ' V' BMr. Will Berg, City Clerk
February 27, 1998
Engineers Surveyors Planners Page 2
Please review the enclosed information and schedule for the next available City Council Meeting.
Also, Improvement Plans are included for review by the Public Works Department. If you require
additional information, please call.
Sincerely,
J -U -B ENGINEERS, Inc.
d/J� ► unci•
R. Scott Stanfield, E.I.T.
Assistant Engineer
RSSAhc
Enclosures
cc: Gary A. Lee, P.E./L.S., and Project Manager
Ron Crow
f:\projects\11404\admin\cityplat. doc
0
SUAVIS10N EVALUATION SET
Proposed Development Name ELVIRA SUBDIVISION City Meridian
Date Reviewed 09/25/97 Preliminary Stage XXX Final
Engineer/Developer J.U.BF^^r. / Ron Crow
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 agl2ear on the 12 at:
"E CARLTON AVENUE"
"E WASHINGTON AVENUE"
"N CATHY LANE"
"E BADLEY AVENUE"
"N CATHY AVENUE" is approved due to its alignment with "N CATHY LANE" and shall
ag par on the plat.
"N INEZ PLACE" is approved and shall appear on the plat
The above street name comments have been read and approved by the following agency
representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures
must be secured by the representative or his designee in order for the ' street names to be
officially approved.
ADA COUNTY STREET NAME COMMITTEE/�GENC EPRESENTATIVES OR DESIGNEES
Ada County Engineer John Priester " ;4� it- � Date Ly'
Ada Planning Assoc. Ann Hurley �'� � -�,11U o ..� Date �t ` i
9 -zs-
City of Meridian Representative d Date TZ
v
Fire District Meridian Representative 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 M!
Subindex Street Index 3N 1E 7 Section
i .- f i • D //_ s A
NUMBERING OF LOTS AND BLOCKS
TR\SUBS\SM CITY.FRM
A7 , i
®
MIMAL. =011 A I r- rUKUt11AbL ANU SALE AGREEMENT
AND RECEIPT FO NEST MONEY
" 2
IS IS
*IS
A LEGALLY BINDING CONTRACT. BEFORE SIGNING, READ IRE DOCUMENT, INCLUDING THE GENERAL PRINTED
3 rFxlurm
AND ATTACHMENTS. IF YOU HAVE ANY OUESTIONS BEF IGNING, CONSULT YOUR ATTORNEY OR ACCOUNTANT. rnatL
4
11566
T1lesday, nctnher 1,, 1996
5 ID#
DATE
,. REAL ESTATE OFFICES:
7 Listing Agency
MLS# Selling Agency MLS#
-
6 Listing Agent Name
MLS# Selling' gent Nam NILS#
9 Phone #
Phone
10 2. BUYER AND LEGAL
DESCRIPTION:
rn.v an
71 Ronald r.
unmarried person & or Assigns (Here. rcalled 'Buye
12 agrees to purchase, and the undersigned Seller agrees to sell the following described real estate hereinafter referred to as "premises" commonly known as
13
legal to he attached City Meridian County Ada Idatio, Zip
14 legally described as:
to he attached
Is -
s -16 3. TOTAL PURCHASE PRICE: rine Hundred Ten Thousand -- - DOLL
1,
17 $
5110,000 payable upon the following TERMS AND CONDITIONS (Not including closing costs):
18 4. FINANCIAL TERMS: (Note: A+C+D+E+F+G should add up to (or be equal to) total purchase price, except for 100% financing)
5500
19
A. EARNEST MONEY: Buyer hereby deposits Five Hundred DOLLARS as Ear-
arY0
20
Money evidenced by: ❑ cash ❑ personal check ❑ cashier's check ® note due (3 other l
21
and a receipt Is hereby acknowledged. Earnest Money to be deposited in trust account upon acceptance by all parties and shall be r.-
22
❑ Listing Broker ❑ Selling Broker ® other for the benefit of the parties hereto, ar
n[a (Broker) shall hold the completely executed Brokers copy of this Agreemc
23
I
24
The responsible Broker shall be ra
25
B. ALL CASH OFFER: []YES ONO If this is an all cash offer do not complete lines 28 through 62, fill blanks with N.-
.26
C. NEW LOAN PROCEEDS: This Agreement contingent upon Buyer oblaininb FHA OVA ®CONVEN 13'IHA 13RECD
26
0 OTHER FIRST LOAN of i not including mortgage insurance. w
27
Y8
interest not to exceed % for a period of year(s) at: [3 fixed rate ❑ other I F -
POint(s). Any reduc:
shall pay no more than point(s) plus origination fee if any. Seller shall pay no more than
30
points shall first accrue to the benefit of the ® Buyer ❑ Seller ❑ Divided Equally Buyer shag apply for such loan within -
31
business day(s) after Sellers acceptance. Within S 1 business day(s) of SELLER'S acceptance BUYER agrees to llrrvs:
SELLER with a written loan commitment showing lender approval of credit report, income verification, debt ratios ana subject only
32
33
to satisfactory appraisal and final lender underwriting. If such written commitment is not received by SELLERS within the strict time
allotted, SELLERS may at their option cancel this agreement by notifying BUYERS in writing of such cancellation. If an appraisal is
34
required by lender, the property must appraise at not less than purchase price or BUYER's Earnest Money may be returned at BUYS =
35
36
request.
37 SO
D. EXISTING LOAN(S): This Agreement is contingent upon0 the Assumption of or 0 Subject to the following loans, it any:
38
❑ FIRST LOAN of approximately payable at (including PI) per month, with
39
interest currently at ❑ fixed rate ❑ other Assumption Fee, if any, not to exceed _.
❑ SECOND LOAN of approximately payable at - (including Pp 4 r month, with in, -
40
currently at ❑ fixed rate ❑ other Assumption Fee, if any, not to ixceed
41
Seller shall within business day(s) of acceptance provide Buyer with copies of a6 notes and deeds of mist or mortgages t:
42
assumed or taken subject to. Withinbusiness day(s) of receipt thereof Buyer shall in writing notify Seller of his/her approva.
43
disapproval of such terms of the aforementioned documents. Seller shall furnish Buyer a current loan information statement of the abc
qq
loan(s) within business day(s) of acceptance. In the event of Assumption, Buyer shall use his/tier best efforts to obtain the cc-
45
46-
of the lender of record to assume the above loan(s) within business day(s) of acceptance, or waive this condition in wrc -
47
All charges related to such assumption shag be paid by the [] Buyer ❑ Seller ❑ Shared Equally.
[ ASSUMPTION of FHAIVA Loan with Release of Liability. Buyer shall assume Sellers
48
potential indemnity liability to the U.S. Government for the repayment of the loan. Buyer is also quadded and
49
so
❑ wig or ❑ wig not reinstate Sellers eligibility.
SO
E. SELLER TO CARRY: 0 FIRST LOAN ❑ SECOND LOAN ❑ OTHER LOAN.
51
Buyerto execute: ❑ aCa>badforDeedor ❑ anotesexuedbya ❑ DeeddTnistor ❑ Molhlageonthepxoperty, iita"afSelor
52
for the balance of payable at per month, including Interest at per annum
for_years and with the entire balance due— year(s) from date of note or contract for deed.
55
The entire balance of ban is due and payable upon sale or transfer of property: ❑ YES (] NO
FINANCIAL STATEMENT: Within day(s) of acceptance, Buyer shag furnish Seger: (] a current financial state
56
❑ credit report or ❑ both, for the sole purpose of credit approval, which approval shall not be unreasonably withheld. Buyer
57
Seller to engage the services of a reputable credit reporting agency for this purpose at Buyers expenlle and Seller shag
58
authorizes
notity Buyer within — day(s) of receipt of financial statement and/or credit report, of approval or disapprove I ofglyataedrtwlri
59
60
F. ADDITIONAL FINANCIAL TERMS:
61
62
® Additional financial terms are specified under the heading "ADDITIONAL TERMS AND CONDITIONS" (Section 4).
(3 Additional financial terms are contained in an addendum of same date, attached hereto, signed by both parties.
510%500 G. APPROXIMATE FUNDS DUE AT CLOSING: Cash at closing, not including closing costs, to be paid.by Buyer at closing
63
in GOOD FUNDS, which includes: cash, electronic transfer funds, certified check or cashiers check. Any net difference between the
64
loans which are to be assumed or taken,subject to, and the actual "Lances of said loans
65
approximate balances of the shown above,
66
closing or rscrow shag be adjusted in I@ Cash ❑ Other: I
Buyer and Seller acknowledge receipt of copy of this page, which cons itutes Page 1 of 4 Pages.
VC—)(
bil
Buyer's Initials (Rt` )(_) Seller's Initials I
68
l
- 69
This form is punted and disbanded by the Ada County Association of REALTORS4. Inc. l Idaho Assoaabon ol REALTORSO, Inc. This fonr Caen dropped for enc
,s provided only for use by real estate professionals licensed by the Idaho Real Estate Commission tent ars also members of are Nation.) Association of REALTORSC
70
71
USE BY ANY OTHER PERSON IS PROHIBITED.
Copyright Ada County Association of REALTORS®, Inc. I Idaho Association of REALTORS®. Inc. AN rights res ed.
72
73 PURCHASE
& SALES AGREEMENT (RE21) - PAGE 1 Computer forms by RealStals, Inc.208-37E
75 4. FINANCIAL TERMS: (CONTINUED)
76 CCUPANCY: Buyer p does ® does not inend to occupy as Buyer's primary residence.
QHA I VA. If applicable, it is expressly agreed that notwithstanding Cher provisions of this contract, Buyer shall not be o ligated to
;8 complete the purchase of the properly described herein or to incur any penalty or forfeiture of Earnest Money deposits or otheriviie unless Buyer
I has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner, Veterans
Administration or a Direct Endorsement lender setting forth the appraised value of the property of not less than the sales price as stated in the
81 contract. Buyer shah have the privilege and option of proceeding with consummation of the contract without regard to the amount of the
82 appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban
83 Development will insure. HUD does not warrant the value or the condition of the property. Buyer should satisfy himself/herself that the price
84 and condition of the property are acceptable. It is agreed that any Rem included in section 6 is of nominal value less than $100.
65 5. ADDITIONAL TERMS AND/OR CONDITIONS: I
89 jptmtinn to pay Seller a price equal to an ep"nrai ert estimate of valve of the here/nn levelnpedlunimproved property_ __ y-
90 3).BI%yer will pay Seller ash from the praceede of a construction Inan. If development it completedphases Seller NViI;
f
91 pned in tlytic draw from the respective construction Inanct
92
93 6. ITEMS INCLUDED IN THIS SALE: All existing fixtures and.fittings that are attached to the property are INCLUDED IN THk PURCHASE
94 PRICE (unless excluded below), and shall be transferred free of liens. These include, but are not limited to, all attached floor coirerings, attachec
95 television antennae, satellite dish and receiving equipment, attached plumbing, bathroom and lighting fixtures, window screens, been doors, sic
96 windows, storm doors, window coverings, garage door opener(s) and NAtransmitter(s), exterior Trees, plants or shrubbery, water heat r
97 apparatus and fixtures, attached fireplace equipment, awnings, ventilating, cooling and heating systems, buift4n and "drop-in" ranges (but except
98 all other ranges), fuel tanks and irrigation fixtures and equipment, and any and all, if any, water and water rights, and any and all. if any, ditches a
99 rights that are appurtenant thereto that are now on or used in connection with the premises and shall be included in the sale unless otherwise prc
100 herein. The following additional items are specifically: I -
tot A. INCLUDED IN THIS SALE:
102
103
104 B. EXCLUDED IN THIS
105
I
107 7. SELLER'S PROPERTY DISCLOSURE FORM: If required by Title 55, Chapter 25 Idaho Code Seller shall within ten (10) days after
108 execution of this Agreement provide to Buyer "Sefier's Property Disclosure Form" or other acceptable form.
109 Buyer has received the "Sellers Property Disdosure Form" or other acceptable form prior to signing this Agreement: ❑ Yes ®No.
110 B LEAD PAINT DISCLOSURE: The subject property pis ® is not defined as "Target Housing" regarding lead-based paint or
111 lead-based paint hazards. If yes, BUYER hereby acknowledges the following: ( a ) BUYER has been provided an EPA approved lead-based
112 paint hazard information pamphlet. (b) Receipt of Sellers Disclosure of Information and Acknowledgment Form and have been provided with
113 all records, test reports or other information, if any, related to the presence of lead-based paint hazards on said property. ( c ),That this contract
114 is contingent upon Buyer's right to have the property tested for lead-based paint hazards to be completed no later than
115 or the contingency will terminate. (d) That BUYER hereby ® waive p do not waive this right. ( e ) That, if test results,show unacceptable
118 amounts of lead-based paint on the premises, BUYER has the right to cancel the contract subject to the option of the SELLER (to be given
117 in writing) to elect to remove the lead-based paint and correct the problem which must be accomplished before closing. ( f ) That , if the
its contract is canceled under this clause, BUYER'S earnest money deposit will be returned to BUYER.
119 9. TITLE CONVEYANCE: Title of SELLER is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and
120 insurable except for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and
121 ordinances of any governmental unit, and rights of way and easements established or of record. Liens, encumbrances or defects to be discharge
122 by SELLER may be paid out of purchase money at date of dosing. No liens, encumbrances or defects, which are to be discharged or assumed
123 BUYER or to which title is taken subject to, exist unless otherwise specified in this Agreement. I
124 10 ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings, which are in any
125 way connected with this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party reasonable
126 costs and attorney's fees, including such costs and fees on appeal.
127 11. EARNEST MONEY DISPUTE I INTERPLEADER: Notwithstanding any termination of this contract, BUYER and SE LER
128 agree that in the event of any controversy regarding the Earnest Money and things of value held by Broker or closing agency unless mutual
129 written instructions are received by the holder of the Earnest Money and things of value, Broker or closing agency shall not be required to take
any action but may await any proceeding, or at Brokers or closing agency's option and sole discretion, may interplead all parties and deposit
any monies or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney's fees.
132 12. COVENANTS, CONDITIONS AND RESTRICTIONS (C.C.B R. -S): BUYER Is responsible to obtain and review I copy of
133 the C.C.B Ws (it applicable). BUYER has reviewed C.C.B R: s. O Yes p No 8 Not Applicable (NA).
134 13. SUBDIVISION HOMEOWNER'S ASSOCIATION: BUYER is aware that membership in a Home Owner's Associ. ion may be
135 required and BUYER agrees to abide by the Articles of Incorporation, By -Laws and rules and regulations of the Association. BUYER is further
136 aware that the Property may be subject to assessments levied by the Association described in full in the Declaration of Cotienants, Conditions
137 and Restrictions, BUYER has reviewed Homeowner's Association Documents: 13 Yes p No p Not Applicable (NA).
138 Association feesldues are per I
139 14. RISK OF LOSS: Prior to closing of this sale, all risk of loss shall remain with SELLER. in addition, should the premises be materially
t40 damaged by foe or other destructive cause prior to closing, this Agreement shah be voidable at the option of BUYER.
141 15. BUSINESS DAY: Monday through Friday, excluding Saturday and Sunday, and excluding holidays as defined in Idaho
code, Section 67-53C
Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 2 of 4 Pages.
143 Buyer's InitialsQi kC )( ) Seller's Initials ( 20 )(_ __)
144 This form n printed and distributed by M Ada county Association of REALTORS@. Inc / Idaho Association of REALTORS@, Inc, This lone has been designed for and
145 is provided only for use by real estate professionals licensed by the Idaho Real Estate Cmtennia on vho are also members of the National Association of REALTORS@
146 USE BY ANY OTHER PERS JN IS PROHIBITED.
Copyright Ada County Association of REALTORS®, Inc. / Idaho Association of REALTORS®, Inc. AN rights
147 reserved.
146 PURCHASE & SALES AGREEMENT (RE21) - PAGE 2 Computer forms 6 RealStats, Inc. zo6 376
152 16. INSPECTION: BUYER chooses ❑ 10 have Inspection; ! not to have Inspection. BUYER shall have the fight to conduct
153 W
ions, investigations, tests, surveys and other studies at BUYER'S expense. If BUYER chooses not to have inspection skip
154 o to 171. BUYER shall, within --0— business day(s) co these Inspections and give to SELLER written notice
155 s disapproved of. BUYER is strongly advised to exercise these illiWnd to make BUYER's own selection of professionals
,c5 with appropriate qualifications to conduct Inspections of the entire property. BUYER's acceptance of the condition of the property
is a contingency of this Agreement.
„d SATISFACTION/REMOVAL OF INSPECTION CONTINGENCIES:
159 1. If BUYER does not within the strict time period specified give to SELLER written notice of items disapproved of, BUYER
160 shall conclusive be be deemed to have: (a) completed all Inspections, investi tions, review of applicable
161 documents and disclosures; (b) elected to proceed with the transaction anC)
assumed all liability, responsibility and expense
162 for repairs or corrections other than for items which SELLER has otherwise agreed in writing to repair or correct.
163 2. If BUYER does within the strict time period specified give to SELLER written notice of items disapproved of, BUYER shall provide to SELLER
164 pertinent section(s) of written home Inspection. SELLER shall have n business day(s) in which to respond in writing .
165 3.If SELLER does not respond within the strict time period specified, BUYER shall have D business day(s) (after receipt
166 of SELLER's response, or after the expiration of the time for SELLER to respond, whichever occurs first) to cancel this Agreement in writing.
167 4. If BUYER does not give such written notice of cancellation within the strict time periods specified, BUYER shall conclusively
168 be deemed to have elected to proceed with the transaction without repairs or corrections other than for Rems which SELLER has
169 otherwise agreed in writing to repair or correct.
170 SELLER shall make the property available for all Inspections. BUYER shall keep the property free and clear of liens; indemnify and
171 hold SELLER harmless from all liability, claims, demands, damages and costs; and repair any damages arising from the Inspections.
172 No Inspections may be made by any governmental building or zoning inspector or government employee
173 without the prior consent of SELLER, unless required by local law.
174 77. FINAL VERIFICATION OF CONDITION: BUYER shall have the right to make a final Inspection of the property
175 approximately D day(s) prior to Gose of escrow, not as a contingency of the sale, but solely to confirm that: (a) repairs
176 have been completed as agreed in writing by BUYER and SELLER, (b) SELLER has complied with SELLER's other obligations, and
177 (c) the property is otherwise in substantially the same condition as on the date of acceptance of the offer, unless otherwise
178 agreed in writing.
179 18' COSTS PAID BY: Costs in addition to those listed below may be incurred by BUYER and SELLER unless otherwise agreed
180 herein, or provided by law or required by lender, or otherwise stated herein. The below costs will be paid as indicated. Some
tat costs are subject to loan program requirements. SELLER agrees to pay a maximum of n
182 lender/appraiser inspection required costs.
183 Shams Not Shared Not
184 Buy. SaNsr Equally Applicable Buyer Seller E4 -Uy Apprae4
.^^ Appraisal Fee O O O O Title Ins. Lender's Extended ALTA O O O O
I
Closing Escrow Fee O O >r O Title Ins. Owner's Extended Policy O O O O
187 Contract Preparation O O O O Title Ins. Standard Policy O O O O
188 Document Preparation O O O O Septic Inspection O O d O
189 Flood Certification Fee O O O O Septic Pumping O O O O
190 Flood Tracking Fee O O O O Survey O O LO O
1 v
91 Loan Assumption Fee O O O O Well Inspection O O (D
192 Tax Service Fee O O O O O O O O
193 19' TITLE INSURANCE:
194 ( A ) TITLE COMMITMENT: Prior to closing the transaction, 13 SELLER or ® BUYER shall furnish to BUYER a
195 commitment of a title insurance policy showing the condition of the title to said premises. BUYER shall have n/a business
196 day(s) from receipt of the commitment or until twenty-four (24) hours prior to closing, whichever is the less, within which to
197 object in writing to the condition of the title as set forth in the commitment. If BUYER does not so object, BUYER shall be
198 deemed to have accepted the conditions of the title. It is agreed that it the title of said premises is not marketable, or cannot
199 be made so within nin business day(s) after notice containing a written statement of defect is delivered to SELLER,
200 BUYER's Earnest Money deposit will be returned to BUYER and SELLER shall pay for the cost of title insurance cancellation fee,
201 escrow and legal fees, if any.
202 (B) STANDARD TITLE POLICY: SELLER shall within a reasonable time ager closing furnish to BUYER a title insurance
203 policy in the amount of the purchase price of the premises showing marketable and insurable title subject to the liens,
encumbrances and defects elsewhere set out in this Agreement to be discharged or assumed by BUYER.
204 ( C ) LENDER'S. ADDITION (ALTA POLICY): The lender will require that BUYER (Borrower) furnish an Extended
205
206 Coverage Lenders Addition (ALTA) Poky. This extended coverage lenders policy will cover those claims against the property
that may have become legal obligations before the purchase of the home and yet may not be public record until after the purchase.
207 ( D ) EXTENDED COVERAGE TITLE POLICY: A standard policy of We insurance does not cover certain potential
208 problems or risks such as liens (i.e. a legal claim against premises for payment of some debt or obligation), boundary disputes,
209
claims of easement and other matters of claims it they are not of public record at time of closing. However, under Idaho law, sdch
2fn
potential claims against the premises may have become legal obligations before the purchase of the home and yet may not e
of public record until after the purchase. It is recommended that BUYER talk to a title insurance company about what it offers
21` in the way of extended coverage. Extended Coverage Title Policy requested 13 Yes or M No
213
214 Additional premium paid by: p BUYER (3 SELLER.
215 ( E ) The parties agree that Pioneer __ Title Company shall provide title policy and preliminary rep A of commitment.
216 20, COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which is deemed to be an original hereof,
217 and all of which shall together constitute one and the same instrument.
218 21. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the parties respecting the in herein set forth and
219 supersedes all prior Agreements between the parties respecting such matters. No warranties, including, without limitation, any warranty af.
220 habitability, agreements or representations not expressly set forth herein shall be binding upon either party. I
221 22. FACSIMILE TRANSMISSION: Facsimile transmission of any signed original document, and retransmission of any signed facsimile
222 transmission shall be the same as delivery of an original. At the request of either party or the Closing Agency, the parties will
confirm facsimile
223 transmitted signatures by signing an original document.
224 BUYER and SELLER acknowledge receipt of copy of this page, which constitutes Page 3 of 4 Pages.
BUYER's Initials (�z )C _J SELLER's Initials (le(_)
226 This form is printed and Ms I. Dy the Ada Coouunntyry Association of REALTORS®, Inc. I Idaho Associabon of REALTORSm, Inc. This form rias been designed loll and
227 is Drov,ded only loll use Dy real estate prolessionalsiicensed by the Idaho Real Estate Corrvnsrion who are also members of the National Assocu .F of REALTORSO
Y48 USE BY ANY OTHER PERSON IS PROHIBITED.
229 Copyright Ada County Association of REALTOLS®, Inc. / Idaho Association of REALTORS®, Inc. A9 rights
reserved.
230 PURCHASE 8 SALES AGREEMENT (RE21) • PAGE 3 Computer fomms by ReatStats, Inc. 208-376-4c
232 ,CrAAUL I : it ouyer uefauas In me penormance of this Agreement, Seller has the option: (1) accepting the Earnest Money as liquidated
253 dall or (2) pursuing any other lawful right or remedy to which Seller In ' entltled. If Seller elects to proceed under (1). Seller shall make
234 de Pon the holder of the Earnest Money, upon which demand said all b pay from the Earnest Money the costs incurred Sellers
235 Bro on behalf of Seller and Buyer related to the transaction, including, w limitation, the costs of title insurance, escrow fees, credit report
^5 fees, inspection fees and attorney's fees; and said holder shall pay any balance or the Earnest Money, one-half to Seller and one-half to Sellers
Broker, provided that the amount to be paid to Sellers Broker shall not exceed the Brokers agreed to commission. Seller and Buyer specifically
__d acknowledge and agree that if Seller elects to accept the Earnest Money as liquidated damages, such shall be Sellers sole and exclusive remedy, a
239 such shall not be considered a penalty or forfeiture. if Seller elects to proceeQ under (2), the holder of the Earnest Money shall be entitled to pay the
240 costs incurred by Sellers Broker on behalf of Seller and Buyer related to the transaction, including, without limitation, the costs of brokerage fee, title
241 insurance, escrow fees, credit report fees, inspection fees and attorney's fees, with any balance of the Earnest Money to be held pending resolution
242 the matter. If Seller defaults, braving approved said sale and fails to consummate the same as herein agreed, Buyers Earnest Money'deposit shall t
243 returned to him/her and Seller shall pay for the costs of tide insurance, escrow fees, credit report fees, inspection fees, brokerage feel and attorney'
244 fees, if any. This shall not be considered as a waiver by Buyer of any other lawful right or remedy to which Buyer may be entitled.
245 24. SALES PRICE INFORMATION: The parties to this Agreement acknowledge that sales price information compiled as a result of this
246 Agreement may be provided to the County Assessors Office by either party.or by either party's Broker.
247 25• TIME IS OF THE ESSENCE IN THIS AGREEMENT.
248 26. ACCEPTANCE: Buyers offer is made subject to the acceptance of Seller on or before (Date) 1013196 and (Time)
249 If Seller does not accept this Agreement within the time specified, the entire Earnest Money shall be refunded to Buyer on demand.
250 27. CLOSING: On or before the closing date, Buyer and Seller shall deposit with the closing agency all funds and instruments recess Itry to complete
251 the transaction.., The closing date shall be no later than pioneer Titles I — -
252 The parties agree that the "closing agency" for this transaction shad be ors
253 If a Iong-term escrow I collection is involved, then the long4enn escrow holder shall be "Closing" means the date on
Y54 28, POSSESSION: Buyer shad be entitled to possession ® upon closing or ❑ other g"
255 which all documents are either recorded or accepted by an escrow agent and the sale proceeds are available to Seller. Property taxes and water
256 assessments (using the last available assessment
l S closing
as a basis), Bu Buyer shall taest and reserves, liens, for fuel in tank, amount o be determined bynces or rihe supplier at Settions assuinted tnd utildie
lers expe
257 shall be pro -rated as of 1;- uY pay
258 29, SPECIAL CONSIDERATIONS AND CONTINGENCIES: This Agreement is made subject to the following special
259 considerations and/or contingencies which must be satisfied prior to closing:
260 -
261
262 30• REPRESENTATION CONFIRMATION:
263 In this transaction, the brokerage(s) involved had the following relationships) with the BUYER ('agent' or'nonagent' or 'limited du I agent'):
for the BUYER.
Listing broker acted as a(n) ill
for the BUYER.
265
Selling broker acted as a(n)
266
In this transaction, the brokerage(s) involved has the following relationship(s) with the SELLER ('agent' or'nonagenr or 'limited dual agent'):
for the SELLER.
267 Listing broker acted as a(n)
Selling broker acted as sin) for the SELLER.
268
269 Each party signing this document confirms that he or she has received, read and understood the Agency Disclosure Brochure a
270 has elected the relationship confirmed above. In addition, each party confirms that the brokers agency office policy was made
271 available for inspection and review. EACH PARTY UNDERSTANDS THAT HE OR SHE IS A'CUSTOMER' AND IS NOT REP ESENTED
272 p SEE ATTACHED BUYER'S ADDENDUM(S) (Specify number of Buyer addendum(s) attached.)
273 31• BUYER'S SIGNATiI13ES: (,nu Buyer Signature
f
274 Buyer Signature ��
275 Buyer (Print Name) Ronald LCrow, an unmarned person Buyer (Print Name) & or Assigns
216 Date -&M46, — Time Phone # Date Time Phone #
Address 1
277 Address city State ID I Zip
278 City State Zip
279 32. SELLER'S SIGNATURES:
Y80 On this date, IANe hereby approve and accept the transaction set to f a to the above Agreement and agree to carry out all the terms
thereof on the part of the Seller. vvve further acknowledge receipt of a We copy of this Agreement signed by both parties.
2b, ❑ SIGNATURE(S) SUBJECT TO COUNTER OFFER ❑ SEE ATTACHED ❑ SEE ATTACHED SELLERS RIGHT
p SEE ATTACHED COU ER OFFERS) SELLER ADDENDUM CONTINUE TO MARKET PREMISES
283
284 Seller Signature ;�a CZ -4 Seller Signature
285 Seiler (Print Name) R ttTH L Citron UJ Seller (Print Name) I
286 Date �' J o- Time Phone # Date Time Phoni #
287 Address Address Zt
las City
State Zip City State ZIP
—
288
33• BUYER'S ACKNOWLEDGMENT OF RECEIPT OF FINAL COPY BEARING ALL SIGNATURES:
290 A true copy of the foregoing Agreement, signed by thp Seller and containing the full and complete description of the premis
291 Is hereby receiv%% on this __I .day of eye-ro btex 19 46
292
BUYEf=�. �� / '"^ `'� - BUYER:
Buyer and Seller acknowledge receipt of copy of this page, which constitute- Page 4 of 4 Pages.
BUYER'S INITIALS (Ikt )( ) SELLER'S INITIALS ( 4 LI
-)( )
294 �' he, been
295 This for tled Printed
for cru is distributed by
me Ada h "oen by IAssocciatiOn of daho Real EHate c mama ion wrw aw also members otIn. I Idaho Association of REALTORSO lthe Nat L_
a Association of designed
296 is p' Y y p1O USE BY ANY OTHER PERSON IS PROHIBITED,
287 Copyright Ada County Association of REALTORS®, Inc. I Idaho Association of REALTORS®, Inc. All rights 'reserved.
298
Y99 PURCHASE 8 SALES AGREEMENT (RE21) -PAGE 4
Computer forms by RealStals. Inc. 208-7
1
,Tp J� IIsi
Commencing at the N'h corner of Section 7, Township
3 North, Range 1 East, Boise Meridian, Ada County,
Idaho;
Thence running South 0012137" East a distance
of 803.38 feet to the REAL POINT OF BEGINNING;
Thence East 301.00 feet to a point;
Thence South 0012137" East a distance of 883.00
feet to a point;
Thence West 301.00 feet to a point;
Thence South 0°12137" East a distance of 287.65
feet to a point;
Thence South 8 939'40" West a distance of 151.55
feet to a point;
Thence North 285.96 feet to a brass cap marking
boundary of Meridian City Limits;
Thence North 0037'05" East a distance of 640.30
feet to a point;
Thence North 36021'23" East a distance of 237.08
feet to a point;
Thence North 0012'37" West 54.38 feet to the REAL
POINT OF BEGINNING. I
Together with all water and water rights, ditch
and ditch rights appurtenant thereto. I_
PROMISSORY NOTE
Secured by DEED OF TRUST
S .... 500.00 ............... ... Boise...... Idaho, .............. October..lc............... 19 .96 ........
We/ I promise to pay to the order of ....... nth. j:.. aa+'
.........................................................................
...................................... Payee(s), at .................. Meridian I ...., Idaho,
........................... ............................
or at such ather place as Payee(s) may designate In writing....................................................1...............
Five Hundred and no/100 - - .....-...... -..... �... Dollars,
........................................................
payable in lawful money of the United States of America, with interest thereon in like money, fro Im and after
........................ - ...... .............. until paid, at the rate of ............. - ...... - ..... ............. per cent) per annum.
Principal and interest to be paid as follows:
To be paid in full on or before date of closing as per purchase agreement
#11566 dated October 1, 1996.
less otherwise specified hereinabove; each payment shall be credited first on interest then due and the remainder 6n principal; and
.,terest shall thereupon cease upon the principal so credited. II
On default In the payment of this note or in the performance of any obligation in any instrument securing or collateralL it, the unpaid
principal balance and earned interest on this note shall become immediately due at the elecliott of Payee.
Maker and each surety, endorser, and guarantor waive all demands for payment, presentations for payment, nollces of intention to
accelerate maturity, notices of acceleration of maturity, protests, and notices of protest. It this note or any instrument securing or
collateral to it is given to an attorney for collection or enforcement, or if suit is brought for collection or enforcement, or it it is collected
or enforced through probate, bankruptcy, or other judicial proceeding, then Maker shall pay Payee all costsioI collection and
n
enforcement, Including reasonable attorney's lees and court costs, in addition to olher ao-nls due.
Interest on the debt evidenced by this note shall not exceed the maximum amount of nonusurious interest that may be contracted for,
taken, reserved, charged, or received under law; any interest in excess of that maximum amount shall be credited on tine principal of the
debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess shall be cancelled
automatically as of the acceleration or prepayment or, 11 already paid, credited on the principal of the debt or, it the principal of the debt
has been paid, refunded. This provision overrides other provisions in this and all other instruments concerning the debt.
This Note Is secured- by a Deed of Trust of even dale.
...................
.FaDnald L. Crow
DUE DATE:.... as per purchase agre-_meet
....
............................................................
W566 Maker(s)
DO NOT DESTROY THIS NOTE: When paid in full, this Note, with Deed of Trust securfng
same, must be given to Trustee for cancellation before reconveyance will be made.
MERIDIAN CITY (' TJNciL
APRIL 21, 1998
PAGE 4
ITEM #2: TABLED MARCH 17,1998: PRELIMINARY PLAT, 48 LOTS FO
RTHE VILLAS AT THE LAKES SUBDIVISION BY STEINER CORPORATION:
ITEM #3: TABLED APRIL 7,1998: INSTALLATION OF SEPTIC SYSTEM FOR
A WAREHOUSE BUILDING BY MCCALL PROPERTIES:
Corrie: I guess this is one I was going to talk to Council about earlier. Council
the — Brad Miller who is the project with Van Auker has talked to Paul Clayton,
Paul Clayton has talked to Mr: Saum, Mr. Saum is really pretty sick right now and
that was one of his higher priorities. I would like to — is there anyone here from
McCall Properties? Okay, I hate to ask for a continuance or table this till next
May 5th but I think we need to discuss this one in a little more context because I
don't think we're going to get too far with Mr. Suam on this. Is there any
discussion or any questions you might want to ask?
I
Bird: Do we have to table this or can we just take it off the agenda until they
bring it back to us?
Corrie: I would like to table it, I think we need to discuss this between now and
May 5th because there's some things that we need to do and make a decision on
what we're going to do here.
Bird: Yeah, I talked to Brad and Ron today.
Come: Okay. There was a formal request'by the McCall properties so ( would
Rountree: Have we made contact with McCall Properties and indicated a point
and time where they have to have an answer?
Corrie: They told me that they didn'f have to have one right now, they're still
about a month and a half, two months away with what they want to do so I think if
we act in two to four weeks that will be plenty of time for them.
Bird: Mr. Mayor, I make a motion that we table the McCall Properties septic
system until May 5th
Rountree: Second.
Corrie: Motion made by Mr. Bird seconded by Mr. Rountree to table till May 5th
meeting, any further discussion? Hearing none. All those in favor say aye.
MOTION CARRIED: All ayes.
ITEM #4 TABLED APRIL 7, 1998: -FINAL ID AT'FOR-STERLING CREEK►
V-(ELVIRA SUBDIVISION}(49,LOTS) BY RON-CROW= EAST_OF.EA8T'5T"
f.
MERIDIAN CITY C4JNCIL
APRIL 21, 1998
PAGE 5
STREET AND NORTH OF EAST CARLTON PART OF NE'/ & NW % SECTION
7 T.3N., R1 E:
.Corrie: Is Mr. – I know Ron is here -- would you like to come up and if we have
any questions that council might have on this one.
Bird: My application says Dan Crow it is wrong isn't it?
Corrie: I'm sorry, it's close there, I'm sorry. It says Ron, it says Dan here so—
Stansfield: I'm Scott Stansfield with JUB Engineers, 250 S. Beechwood Avenue,
Boise, Idaho. We had an opportunity to provide written response on the 13th and
I believe all of you should have a copy of that and it's pretty self-explanatory, I'll
be glad to answer any questions you may have.
Corrie: Council, questions?
Bentley, Rountree, Bird: None
Corrie: Okay, thank you.
Rountree: Questions for Shari or Gary or both, the missing items and concerns
that they expressed previously have those been taken care of by written
response?
Stiles: Councilman Rountree, Mayor and Council, the majority of the items have
been taken care of with this submittal, I have not received a draft of the
development agreement or the landscape plans and the CC&R's were just
received I believe last Friday and we haven't had a chance to review those but F
with the provision that if we encounter any problems we'd be able to bring it back l
to Council if we have a major issue I don't have any problem with it.
Smith: Councilman Rountree, Mayor and Council, I think they've answered all of
our concerns from Public Works Department.
Rountree: Do you guys have any issues? Mr. Mayor, I would move that we
approve the final plat for Sterling Creek Elvira Sub subject to staff comments in
coordination with planning anis zoning and City Engineer.
Bird: I'll second that.
Corrie: Motion made by Mr. Rountree second by Mr. Bird, to approve the final
plat acceptance, any further comments or discussion? Hearing none. All those
in favor of the motion say aye.
P
MERIDIAN CITY CONCIL
APRIL 21, 1998
PAGE 6
MOTION CARRIED: All ayes.
ITEM #5: TABLED APRIL 7,1998: REQUEST FOR HOOKUP TO SEWER BY
CATHERINE D. JESTRABEK — 3175 N. TEN MILE ROAD:
Corrie: I believe we got a memorandum from Mr. Berg about item #5, are there
any questions on that?
Bentley: Mr. Mayor, I see we have a motion to table this so I move we table, it till
May 5, 1998.
Bird: Second it.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to table this item until
May 5th, any further discussion? Hearing none. All those in favor of the motion
say aye.
MOTION CARRIED: All ayes.
ITEM #6: FINDINGS OF FACTS AND CONCLUSIONS OF LAW:
CONDITIONAL USE PERMIT TO CONSTRUCT A 13,250 SQUARE FOOT
HIGH TECH MACHINE SHOP BY NICK BRACKUS — MEDIMONT
SUBDIVISION SOUTH OF FRANKLIN AND WEST OF LOCUST GROVE — NW
% NW % SECTION 18, T.3N., R.1 E.:
Come: Council you have that Findings of Fact and Conclusions of Law before
you, any comments, questions?
Bentley: Mr. Mayor, I have a — I don't know who best direct this to . - Gary Smith,
Mr. Smith, in your comments there was some question on pre-treatment whether
there would be a requirement for pre-treatment prior to going into the sewer, has
that been resolved whether there is or isn't?
Smith: I don't believe it has been resolved yet Councilman Bentley, it would need
to be at the time that the building plans are submitted for review the Wastewater
Department would take a look at that, what their process is, materials that they're
going to be using in the building, and then a decision would be made on what
would be required for pre-treatment, how it would be handled if there is a
discharge to the City sewer.
Bentley: Okay thank you.
Come: Any further. discussion?
Bentley: I do have one question too, is there somebody here from --
d
3
MERIDIAN'CITY COUNCIL MEETING: APRIL21 1998
b—
APPLICANTCROW ITEM NUMBER: 4
REQUEST: FINAL PLAT "FOR STERLING CREEK (ELVIRA) SUB. (49 LOTS)
AGENCY COMMENTS
CITY CLERK: SEE MINUTES FROM 4/7/98
CITY ENGINEER: b
CITY PLANNING'DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
Y v
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER: C C & R'S AND WRITTEN COMMENTS BY JUB ENGINEER
All Materials presented at public meetings shall become property of the City of Meridian.
MERIDIAN CITYCOUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 27
requirements and resolving of the irrigation issues and the attempt to contact the ditch
owners of that down stream ditch.
Bird: I'll second.that.
Corrie: Motion is made by Mr. Bentley. and second by Mr. Bird on the motion as stated.
Is there any further comments? Hearing none, all in favor of the final plat of Gemtone
43 Subdivision, say aye.
MOTION CARRIED: All ayes.
ITEM NO. 13: FINAL PLAT FOR ELVIRA SUBDIVISION (49 LOTS) BY RON CROW:
EAST OF EAST 5T" STREET AND NORTH OF EAST CARLTON:
Corrie: Is Mr. Crow here this evening? Yes, or the engineer, I'm sorry
Stanfield: Scott'Stanfield with JUB Engineers. First I would like to apologize for not
getting a letter of response to city staff comments. For some reason or another I didn't
get a copy of the comments until this afternoon, but I did have time to look it over and if
it please the council I would like to take a brief moment to touch on four on those. :First
is we agree with all of the comments with clarifications and exceptions to a total of four
of them. First one is the site specific comment number two in that we are required to
construct a six foot high perimeter fence on — my question would be does that pertain to
areas where an existing fence is already in place.
Bentley: I didn't hear your head shake.
Stiles: If there is an existing fence that's built, we don't require you to build another
fence. This was kind of a generic comment, but the perimeter fencing, we have made
exceptions wherever there's adjacent residential developments.'
Stanfield:. That's fine. Site specific comment number three, if you read along in your
copy the third to the last, sentence states a minimum of five feet from top of bank shall
be allowed on`the western bank of Five Mile Creek. That would be for the rear lot lines.
Right now we -show two to three feet beyond the top of bank that rear lot line. And that
came about because Nampa Meridian Irrigation District requested that we shorten that
distance down to two to three feet to decrease their maintenance responsibilities.
Bentley: Oh, they never cease to amaze me.
Stanfield: We do have on the eastern side is the easement (inaudible)zso we are
(inaudible)
E
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 28
Bentley: Mr. Mayor, I have a °question on this. So.they move their lot line to three feet
so they don't have to maintain it. They decide to put a fence up on that lot line. Now
are we going to hear from Nampa Meridian on this, just as bad as we're wrestling with
them over on Cherry Lane?
Corrie: Good question
Bentley: Nobody wants jump on that one, huh?
Smith:. Mr. Wayor. and`Councilmen, •I assume that they are going to have to have an
encroachment agreement.
Stanfield: We are working, on the license agreement
Smith: So the license agreement will specify, I assume will specify, that type of
language if they agree to that two to three foot from the edge of bank. That would be
part of their license agreement. They would sign off on that. If there isn't a
maintenance access road for File Mile Creek, Five Mile drain on the other side, then I
don't the irrigation district is particularly interested in both side. They would just as soon
have someone else take care of it. So I don't think they'll have a problem in signing off
on that as a license agreement.
Bentley: Okay, thank you.
Stanfield:_ (Inaudible) Two more quick comments. Site specific number seven states
provide five foot sidewalks and pedestrian walkways in accordance with City Ordinance.
Rgain it says including lots 30 and 34 of Block 1. These lots weren't intended to be
(inaudible). The current city policy requires that we provide a 20 foot wide access for
the city to maintain access to the sewer line. Consequently we are going to pave the
entire 20 foot width of (inaudible). The next comment, the last one site specific number
eight, the very last sentence makes reference to keep the sewer lines on the south and 4
west sides of the centerline. I just want to make sure this does not pertain to the
existing north south sewer line that'runs through the property because of the existing
topography, at Five Mile Creek and the required lot depths. North Cabbage Street, the
existing sewer ends up on the east side of (inaudible) water on the west side. When we
go to the north half of the development putting the sewer line along that and (inaudible)
Bentley:. Can I have a comment from Gary on that?
Corrie: Okay. I also wanted on number seven from Shari, but go ahead.
Smith: Mr. Mayor and Council members, I don't think I'm totally knowledgeable on what
conversations may have taken place between my staff and JUB Engineers. I'm sure
0
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 29
that it's been discussed. And I understand the situation with the sewer. It's there, and
it's — the corridors have been flip-flopped between sewer and water in this particular
case. We did have a similar situation in Dakota Ridge out at Ustick — it is the
Ashenbrenner property, and we had an area in there where we had a similar situation.,
The layout of the subdivision required the sewer to be on the opposite side of the street
where _it should be and the sewer was already there.
Bentley: So we're not asking him to move the sewer.
Smith: No, sir.
Bentley: And everything is fine the way it is.
Smith: Yeah; I think we can live with it.
Corrie: Let's back up just one for my edification. Shari, what about item number seven
and the sidewalk.
Stiles: If they want to pave that entire area, that's fine with me. 11 would like to maintain
the access between the subdivisions. The lot 30, that area, it does continue`over into
Danbury Fair Subdivision and will provide a good interconnection between those
neighborhoods. They'll need to put some ballards up there to keep the cars out, but if
they want to pave the entire 20 feet, that's fine with me.
Stanfield: Lastly this development is going to be renamed Sterling Creek Subdivision.
(Inaudible) That's it, unless you have any questions. Again I apologize for the written
comments, but we will (inaudible).
Corrie: Any further questions?
Bentley: I have one of Shari.- She looked like she was reaching for the microphone.
r The question I have is on having not received the written comments.
Stiles: I would like to get -the written response to this. We also'need to receive the
CC&R's. We haven't draft of those yet. And I would kind of like to go back to item
number three. In the preliminary plat we also'expressed that we didn't want the
encroachment on the east side of that easement so that the full width°would be
maintained for the possible future pathway. It's was a little difficult for us to tell because
of the change in scale from the preliminary to the final where those contour lines would
end up. But if they get the encroachment agreement, I was wondering why, Nampa
Meridian wouldn't also allow Futilities to be placed within the immediate ten feet adja ent
to the back lot line. Becausethis is going to be very difficult to follow because people
:are going to say, well, you've got a 15 foot rear setback, and they would in fact be
i
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 30
building on top of those utility lines. That's going to be real hard for .us to track. And
particularly if there's not any special setback requirement shown on this plat.
Stanfield: If I can add now, we are going to concur with everything on this list that
Shari's mentioned. We are (inaudible) that area so there is no conflict with the setback.
(Inaudible)
Stiles: Is there any possibility that if you get the encroachment agreement, they will also
let put the utilities in there? Or is BOR involved in this?'
Standfield: BOR is not yet. We haven't heard from them. Something we can definitely
look at.
Stiles: I think it would be a lot easier down the road because a lot of times, people will
just.call and say what are the setbacks and you tell them and then they go build a shed,
you know, pour concrete slab or something without a lot of times even getting a building
permit.
Standfield: (Inaudible)
Stiles: Thanks.
Corrie: Shari, would you be more comfortable holding this for one more council meeting
since we don't have the CC&R's and the answers or does it meet your agreement
there?
Stiles: I guess since it is a final plat, I would be more comfortable seeing what the final
is really going to look like.
Stanfield: (Inaudible).
Corrie: Those are the four that bother me particularly number three. The minimum of
five feet, three feet. I don't know whether Shari's comfortable with that or not.
` Standfield: (Inaudible)
Corrie: It's up to Council.
Bird: I'd like — when did you receive these?
Stanfield: 1 could not find a copy in our office and then this afternoon I caller: Mr.
Freckleton and left the message and he was kind enough to fax (inaudible). ,But to say
whether we received them or not, I don't know.
•
z
MERIDIAN CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 31
Corrie: Any further questions? Okay.
Bentley: I'm still like you. I just don't know what to think of this, giving up two more feet
back there. I mean it's nice to give it to somebody. I still have a_problem with failing in
line with the irrigation company. Shari, you don't see a problem on that?
Stiles: With going from five feet to two or three feet? The reason we put the five foot
requirement is that's what we are putting in the new ditch ordinance. We've had some
problems in town with the slopes eroding and fences literally falling off into the
drainages and the creeks. I'm afraid with only two feet instead of having five feet, that
somebody might actually be able to walk down there and actually maintain it. It's going
to be two feet that's going to be impossible for anybody to do anything. So that's why
we asked for the five feet.
Bentley: Thank you.
Bird: Shari, do you feel comfortable or do you want hold it down for the next meeting? .
Stiles: I guess I don't feel entirely comfortable with it at this point. I'd like to know how
soon that encroachment agreementJis scheduled to be acted on by Nampa Meridian,
whether the Bureau of Reclamation is actually involved, in this. I would like to see some
of the changes actually incorporated on this,, some of the major ones, and maybe even
some kind of an overlay provided to just show where.,the actual contra lines are on this
plat because it is hard to tell from the preliminary to this where those contra lines falls.
Bird: Shari, I'd also- like to know when we sent these, whether we faxed them, how they
were sent to their office when they done.
-'Stiles: They were completed on —
Bird: They were completed on'March 31st, but when did they go to them?
Stiles: It was my understanding that they were faxed that day, but —
Bird: By whose machine?
Stiles: Public Works Department.
Bird: Do you have a recording on that Gary that can tell us?
Stiles: I think there is a monthly periodic printout that comes out. don't know if Bruce
hada confirmation that he kept in -the file.
f-
N
MERIDIAN'CITY COUNCIL REGULAR MEETING
APRIL 7, 1998
PAGE 32
9
Bird: I'd just like to know for myself. It don't have any determination on how I vote
tonight, but I'd like to know for myself.
Stiles: Is it possible Gary Lee had them?
Stanfield:. (Inaudible)
Bird: I'm done. Thank you.
Bentley: Mr. Mayor, 1 too have some concerns with some of the missing items here. 1
would make a motion we table this to 4/21, and hopefully be able to get the CC&R's and
some of the other — and the written response to the staff comments to them and get this
.situation done with the irrigation.
Bird: I'll second that..
Corrie: Motion made by Mr. Bentley and second by Mr. Bird that we table item number
13 of the final plat for Elvira or Sterling Creek possible okay until 4/21/98., next meeting.
Any further discussion?` All those in favor of the motion, say aye.
MOTION CARRIED: All ayes.
ITEM NO. 14: REQUEST FOR HOOKUP TO SEWER BY CATHERINE D. JESTRABEK
— 3175 N. TEN MILE ROAD:
Corrie: Would you'like — is she here? I.was apologizing tosomebodyelse. Okay,
Council the tetter I guess is request to hookup to sever. Have they talked to you, Gary?
Smith: No, they haven't. They didn't talk to me specifically about it. We did stub a
service line to the property along the south side of the well lot number 19 when the
Englewood Creek was constructed to provide service at some future time if they
required it.
x
Corrie: Does that require a water hookup along the sewer or can we just give them
sewer? How do we know how.much water they use?
r
Smith: Well, in the past, it's kind of been a council decision as to whether you require
them to connect the water at the same time or not: There is water available in Ten Mile
Road. If they aren't connected to water, then what we've done in the past is just
assessed them a flat rate per month for the sewer use based on a single family
residence in the area.
rJ-U-B.,A
April 13, 1998
Mr. Wil Berg,•City CterN
City of Meridian
33 East Idaho Street
Meridian, ID 83642,
Dear Mr. Berg:
R
J -U -B ENGINEERS, Inc.
ENGINEERS • SURVEYORS PLANNERS
put Or qc 50 South Beechwood Avenue, Suite 201
Boise, Idaho 83709-0944
208-37r0330
a FAX: 208-323-9336
a8
Ron Crow)----
Formerly known as Elvira Subdivision
As you may recall, Elvira Subdivision was tabled from the April 7, 1998 Council meeting to the
April 21, 1998 Council meeting. Since the April 7, 1998 meeting, we have been able to fully
review a memorandum dated March 31, 1998, from Bruce Freckleton, Assistant to City Engineer,
and Shari Stiles, Planning and Zoning Administrator, identifying their general and site specific
comments. We wish to make a response to each of the items discussed in that memorandum.
Our response is arranged in the'same order and format as the above-mentioned memorandum.
f i
GENERAL COMMENTS:
1. An existing drainage ditch, the Adkins Drain, `near the northerly boundary, will be tiled in
accordance with City Ordinance. The drain ditch is owned by Nampa -Meridian Irrigation
District (NMID).1 Plans have been sent to NMID for review and approval. Upon receipt of
their written approval, a copy of their approval letter will be forwarded to the City.
2. No wells and/or septic systems are known to exist within the site. If any are identified,
they will be abandoned in accordance with current health standards.
3. J -U -B ENGINEERS has performed on-site,groundwater elevation monitoring. A copy of soil
profiles and elevations is enclosed.
4. The pressurized irrigation system for this subdivision will be owned and maintained by
NMID The irrigation system will be connected to an existing system located in Danbury
Fair Subdivision. The existing system has a year-round source. Construction plans have
been submitted to NMID for review. Upon receipt of their written approval, a copy of
their approval letter wilt be forwarded to the City.
5. Note No. 11 on the final plat addresses FEMA Flood Plain issues.
6.,. No comme't.
J u
Mr. Will .Berg, City Clerk
Engineers .Surveyors Planners April 13, 1998
Page 2
7. Enclosed,is a copy of the Ada County.Street Name Committee's original approval letter of
the subdivision street names. Please note that they have not requested any name
changes.
8. This letter shalt act as our response to the City Staff's;General and Site Specific
Comments.
SITE SPECIFIC COMMENTS:
1. No comment. `
2. A 6' high chain link`fence will be constructed along the perimeter of, the subdivision.
Fencing will not be installed at locations where fencing currently exists.
a p
3. The, plat and plans have been sent to NMID for review. Encroachments of the Five -Mile
'brain are planned. Per City comments, the rear lot lines, of Lots 11, 11,13,16,17,18, and
19,of Block 1 have been relocated a minimum of five feet from the westerly top of bank
of the Five Mile Drain. A sketch depicting'the top of bank and lot lines is enclosed.
The existing access corridor along the easterly bank of Five -Mile Drain will be preserved.
This corridor will also meet the requirements of a multiple -use pathway per the Meridian
Comprehensive Plan. An easement for public pedestrian access along the existing access
corridor will be provided prior to signing of the Final Plat.
Lot encroachments,into the easterly drain easement are planned. The encroachments are
necessary to provide buildable lots throughout the site. The encroachments will not
adversely. impact the use'of the existing maintenance road, nor public use of the -
pedestrian pathway. Please note the Preliminary Plat depicted the same encroachments
and was approved by the Council. A copy of an executed encroachment agreement for
Five -Mile Drain will be submitted to the City prior to signing of the Final Plat.
4. The`utility easement has been revised to coincide with the lot lines. As discussed in
Response No. 3, an executed encroachment agreement will be provided to the City.
Note No. 1 on the Final Plat has been revised to address the required minimum rear
setback for townhouse lots.
5. The owner, Ron Crow, is currently drafting the CCItR's. A copy Wilt be sent to the City for
review, prior to signing of the Final Plat.
6. A detailed landscape plan will be submitted by the owner to the City for all common areas
for approval.
7. Five-foot wide sidewalks wjUL be provided along all public roads. Per Public Works
requirements,. Lots 30 and 34 of Block 1 witl`be paved full -width and length to allow for
City access to the existing sanitary sewer located below said lots.
f'J • U-B,,k Mr. Will Berg, City Clerk
` Engineers .Surveyors Planners April 13,1998,
Page
3,1998Page 3
E
8. All proposed. sanitary sewer and domestic water lines will meet City requirements
regarding line sizing and routing. Water and sewer corridors along N. Cathy Street must
be reversed due to the horizontal location of the existing sanitary sewer line.
9. A note regarding the sanitary sewer easement has been added to the final plat.
10. No comment.
11. No comment. a
12. No comment. m
13. No comment.
14. The pressurized irrigation system will be owned and maintained by NMID.
15. Arrows have been added to the final plat identifying the front of the lots in question.
Please note, by definition, Lots 29 and 35 of Block 3 are part of the cul-de-sac.- Current
'City Ordinance allows the chord length of cul-de-sac right-of-way curves to be included in
the frontage requirement. Therefore, these lots exceed the minimum lot frontage
requirements.
16. The CCU's will add'r`ess townhouse separation requirements.
` 17. No comment. -
The plan and plat revisions discussed above have been made and will be submitted to Rick Clinton
for review.
Please review the enclosed information. If you require additional information, please call.
Sincerely,
.l -U -B ENGINEERS, Inc.
R. Scott Stanfield, E.I.T.
Assistant Engineer a
RSS:lhc
cc: Ron Crow
Ron L"eslie k
Shz ri Stiles
Rick Clinton
f:\projects\11404\admin\CITY ltrl.doc
_ter
f -J - - B
J -U -B ENGINEERS, Inc.
Engineers Surveyors Planners
roject: Elvira Subdivision
Project No. 11216
Boise, Idaho
Directory: boise\projects\11216\calcs
File: Monweus.xts
Sheet: 1-6
Monitoring Well Log and Water Leel Data
Monitor Well No.
1
Monitor
Well No. 2
Installation Date:
- ----
4/11/97
--- - --
Installation Date: 4/11/97
Pipe Length:
10'
Pipe Length: 10`
Top of Pipe Elev.:
2,597.38
Above Grnd:
Top
of Pipe Rev.: 2,596.85
Above Grnd:
Natural Ground Elev.:
2,594.35
_ 3.03
Natural
Ground Elev.: 2,593.03
3.82
Soil Profile:
Soil Profile:
Depth, ft.
Soil Description
Depth, ft.
n Soil Description
0 1
top soil
0 - 2
top soil
1 - 6
brown, coarse sand
--
2-5
-
�_ dark brown silt
- - - -
6 - 7.5
p ' 11111111
- -
brown, coarse sand with 2" to 4'
cobbles --- - -- - - ---
- 5 - 7
- - --
� p �II�'' � I I � �" ---- - - -- ---- - -
l
�� ,i�lli,,,�,,,�!� dark brown silty sand with 2" to
;' u„ 6" cobbles
Comments:
water at 6.5 ft., no visible water traces
Comments: water at 6 ft., no visible water traces
Water Level Data:
Water Level Data:
Date of
MeasuredNat.Ground
to
Water
Date of
Measured
Nat.Ground toTevet
Water
Measure
Depth, ft.
Water Level, ft.
Level Elev..
Measure
Depth, ft.
Water Levet, ft
Elev.
4/22/97
8:17
5.14
2,589.21
4/22/97
7.58
3.76
2,589.27
5/14/97
8.15
5.12
2,589.23
5/i4/97
7.63
3.81
2,589.22
5/30/97
8.17
5.14
2,589.21
5/30/97
7.50
3.68
2,589.35
6/6/97
8.17
5.14
2,589.21
6/6/97
7.50
3.68
2,589.35
6/14/97
8.17
5.14
2,589.21
6/14/97
7.50
3.68
2,589.35
6/20/97
8.17 -
.5.14
2,589.21
6/20/97
7.63
3.81
2,589.22
6/26/97,
8.22
5.19
2,589.16
6/26/97
7.67
3.85
2,589.18
7/2/97
8.17
5.14
2,589.21
7/2/97
7.58
3.76 r
2,589.27
7/14/97
8.17
5.14
2,589.21
7/14/97
7.75
3.93
2,589.10
7/21/97
8.25
5.22
2,589.13
7/21,/97
7.67
3.85
2,589.18
7/28/97
8.25
5.22
2,589.13
7/28/97
7.58
3.76
2,589.27
8/4/97
8.25
5.22
2,589.13
8/4/97
7.63
3.81
2,589.23
8/11/97
8.25
5.22
2,589.13
8/11/97
7.63
3.81
2,589.22
8/18/97
8.29
5.26
2,589.09
8/18/97
7.58
3.76
2,589.27
8/25/97
8.25
5.22
2,589.13
8/25/97
7.58
3.76
2,589.27
9/29/97
8.25
5.22
2,589.13
9/29/97
7.58
3.76
2,589.27
10/10/97
8.08
5.05
2,589.30
10/10/97
7.50
3.68
2,589.35
" 10/17/97
8.17
5.14
2,589.21
10/17/97
7.67
3.85
2,589.18
11/3/97
8.17
5.14
2,589.21
11/3/97
7.67
3.85
2,589.18
1 of 3 2/3/98
2 of 3 2/3/98
JP J -U -B ENGINEERS, Inc
Project:. Elvira Subdivision
f'Jo'u_'B l' Engineers Surveyors
Planners
Project No. 11216
Boise, Idaho
Directory: boise\projects\11216\talcs
Monitoring Well Log and Water Level Data
Fite: Monwetts.xis
Sheet: 1-6
Monitor Well No. 3
Monitor Well No: 4
Installation Date: 4/11 /97
Installation Date: 4/11/97
"
Pipe Length: 10'
Pipe Length: 10'
Top of Pipe -Elev.: 2,599.00
Above Grnd
Top
of Pipe Elev.: 2,596.14
Above Grnd:
Natural Ground Elev.: 2,596.37
2.63
Natural
----- ------
Ground Elev.: 2,594.27
--------
1.87
Soil Profile:
Soil Profile:
Depth, ft.
Soil Description
Depth, ft.
Soil Description
0 - 2
top soil
-'
0- 1
top soil
2 6
2 brown, coarse sand with traces
1 - 6.5
brown, coarse sand with silt
of clay
- -
I��brown coarse sand with 4
I (laid il�� I
�II to 6
6.5 8
I ' j I�' brown, coarse sand
�4P��I� ���'II ,� cobbles
�P"
with 2" to 4"
b 8
SII, I cobbles
- , I`II, - -
-- - -- -
Comments:
water at b ft., no visible water
traces
Comments:
water at 6.5 ft., no visible water traces
Water Level Data:
Water Level Data:
Date of
Measured
Nat.Ground to
WaterDate
of
Measured
Nat.Ground to
Water
Measure
Depth, ft.
Water Level, ft.
Level Elev.
Measure
Depth, ft.
Water Level, ft.
Levet Elev.
4/22/97
7.17
4.54
2,591.83
4/22/97
7.25
5.38
"2,588.89
5/14/97
7.90
"5.27
2,591.10
5/14/97
7.25
5.38
2,588.89
5/30/97
6.75
4.12
2,592.25
5/30/97
n/a
6/6/97
6.67
4.04
-2,592.33'
6/6/97
6.75
4.88
2,589.39
6/14/97
6.58
3.95
2,592.42
6/14/97
6:75
4.88
2,589.39
6/20/97
6.67
.4.04
2,592.33
6/20/97
6.75
4.88
2,589.39
6/26/97
6.67
4.04
2,592.33
6/26/97
6.67
4.80
2,589.47
7/2/97..
6.42
3.79
2,592.58
7/2/97
6.58
4.71
2,589.56
7/14/97
6.33
3.70
2,592.67
7/14/97
6.584.71
2,589-__
.56
7/21/97
6.25
3.62
2,592.75
7/21/97
6.54
4.67
2,589.60
7/28/97
6.33
170
2,592.67
7%28/97
6'.58
4.71
2,589.56
8/4/97
6.29
3.66
2,592.71
8/4/97
6.54
4.67
2,589.60
8/11/97
6.29
3.66
2,592.71
8/11/97
" 6.50
4.63
2,589-.64
8/18/97
6.33
3.70
2,592.67
8/18/97
6.46
4.59
2,589.68
8/25797
6.17
3.54
2,592.83
8/25/97'
6.50
4.63
2,589.64
9/29/97
6.25
3.62
2,592.75
9/29/97
6.50
4.63
2,589.64
10/10/97
5.92
3.29
2,593.08
10/10/97
6.50
4.63
2,589.64
10/17/97
6.25
3.62
2,592.75`
10/17/97
6.58
4.71
.2,589.56-
11/3/97
IL I
6.50
3.87
2,592.50
11!3/97
6.83
4.96
2,589.31
2 of 3 2/3/98
l
IRF7-
VERFLOW AND
Imo, I�—PRE DISCHARGE PIPE
I II—PRE, 100—YR=0.51 cjs
TO FIVEMILE DRAIN)
11
POND A I 1 I
OVERFLOW AND
II i
POND B
0—PRE DISCHARGE PIPE 1�
0—PRE, 1D0—YR=0.89 cfs I
(TO FIVEMILE DRAIN)
I ASIN B
BASIN A TOTAL AREA -3.18 cc
TOTAL AREA -6.14 oc /B R/W AREA -25.200 sf
R/W AREA -60,000 sf MW 4
IBADLEY ST.
I' I
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MW 1I Ii
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SUAIVISION EVALUATION WEET
W.;SOS
10
Proposed Development Name CitYV':`_h.'
.Date-Reviewec10 /t 9/9$ Preliminary Stage Final XXX
EngineeNDeveloper. J U B Engr. / Ro Crow
The ,Street name comments' listed below are made by the `members of the AOA COUNTY
REET NAME COMMITTEE (under -direction of the Ads County, Engineer) rega
STrding this
development in;accordance with the Boise City Street Name Ordinance
The above street name, comments have been r�acl. and approved by the following agency
:. tepresentatnres of the ADA COUNTY STREET NAME COMIVIiTTEE. 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 COMM D ' � CY ENTATIVES OR DESIGNEES
a County,Ertgineer John PrieStar Dete 3
:- oate• 2 3 9
ZTi2T'd 9MCFE 01 2T9V 2,03 0A? Nt-11RrNaW. -+n ii t NA My.tir oc ,n vJU
Ade Planning Assoc. Ann Hurley
Gity'of Meridian Representative
dire district N[erlrian Representative
1
t d YH sheet ilril8t a�+" t
°. NOTE A of tha
�1ada� 3
' Qf .signing the -"fMa1 platM,. Otherwise Y,e - IHS.'!
Sub)ndex` ± Street Index:
NUMBERING OF LOTS AND BLOCKS
3
T"UMSM QTy"M
:- oate• 2 3 9
ZTi2T'd 9MCFE 01 2T9V 2,03 0A? Nt-11RrNaW. -+n ii t NA My.tir oc ,n vJU
Adh
i
J -U -B ENGINEERS, Inc. _
ENGINEERS • SURVEYORS - PLANNERS
,. 250 S. Beechwood Avenue, Suite 201
Boise, ID 83709-0944
FAX: 208/323-9336 208/376-7330
TELECOMMUNICATION TRAlvSMl['7[ TA L,
x H rFC k li:,;,;
TO: John AndersonCe
CC %�✓
FAX Number: 463-0183y @ �e 7-/(I Z 9 7
Y
COMPANY: Nampa & Meridian Irrigation District
FROM: Gary A Lee, P.E./L.S.
SUBJECT: STERLING CREEK'SUB. (Formerly Elvira Sub) SuB
4
Date: April 9, 1998 Time: 12:02 PM=
Pages (including this page): 2 r
♦� a ,. ,.
MESSAGE:
John: The enclosed sketch shows a, portion of the subdivision that lies adjacent toy'
the westerly (left) bank of the Five Mile Drain. This has been modified as follows ,
p
(1) the lot property lines, and fence line, have been moved to a minimum of five
I
feet from the top of the Five Mile Drain bank; and (2) the public utility easement-'
has been moved to parallel the back lot line, which will, also overlap onto that
portion of the NMID easement that sits west of the drain's bank. , Per our telephone i
conversation earlier this week, you indicated that this.would be oke. We understand
the the homeowner will maintain the area between his fence `and the drain bank. If,
you concur with this fax and sketch, plecse respond to -me' with -a letter, or initial
this fax and send it back to me. Please respond by tomorrow, if possible. Thanks' # "
t. � R
If you do not receive. all of the pages, please call 208/376-7330, or notify by FAX: 208/323-9336q
a:.
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17 April 1998
RECEIVED
APR 2 2 1988
O MERIDIAN
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 2.QR-Aft0(XXXX 208-463-0183
Mr. Gary A. Lee,_P.E./L.S.
J -U -B Engineers, Inc.
250 S. Beechwood Avenue, Ste. 201
Boise, ID 83709-0944
RE: Sterling Creek Subdivision, f. k. a. Elvira.Subdivision
Dear Gary: t
Phones: Area Code 208
OFFICE: Nampa 466-7861
)0WAxx)")Mxx
SHOP: Nampa 466-0663
x xx)0W)=xX
I am writing this letter in reference to the Five Mile Drain located on the east side of Sterling Creek
Subdivision where you indicate a proposed fence to be 5 feet from the top of bank to the proposed
fence which will encroach. inside the District's 50 foot easement on the west side of the Five Mile
Drain in this area.
If the District does ailow, encroachment this far into the easement of the facility, there will be no way
for us to maintain weed control in that area. I do not have a problem with that, I just want to be very
clear that there will be no way to get equipment down there to mow or spray within this area.
We will need a license agreement prior to any construction or encroachment approved by the District's
Board of Directors. Please contact the District's attorney, Mr. Dan Steenson at 342-4591 and ask that
he prepare a license agreement. Once your client has signed it, it will then be presented to the
District's Board of Directors for their consideration at the next available board meeting.
The utility easement which you have referenced will need to be proposed and approved of separately
between the Irrigation District and the Utility Companies based on our Master Agreements, not based
on a plat.
Please feel free to contact me if you feel further discussion is required.
'r4
P. Anderson, Water Superintendent
NAMPMPA & MERIDIAN IRRIGATION DISTRICT
JPA: dln
cc:. File
Each Director _
Secretary -Treasurer
Asst. Water Superintendent
Ride 4 - Gillmore
�ityP�of�Meridia� `
Via Fax - 323-9336
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
a BOISE PROJECT RIGHTS - 40,000
RECEIVED
APR 17 1998
rC CVY OF MERIDIAN
DECLARATION OF COVENANTS CONDI IONS & ESTRICTIONS
OF STERLING CREEK SUBDIVISION
Recitals and Declarations.
Whereas,, the undersigned (hereinafter referred to as
"Grantor") is the owner of certain real property in Ada County,
Idaho (hereinafter referred to as "Property"), which is described.
in Exhibit A, attached hereto and made a part hereof as if�'fully
set.out herein; and
i
Whereas, the Grantor desires the subject Property described
hereinabove to be known as Sterling Creek Subdivision to the
covenants, conditions, restrictions, easements, reservations,
limitations and equitable servitude herein set forth to (1)
insure the enhancement and preservation of property value, (2)
provide for the proper designs, development, improvement and use
of Sterling Creek Subdivision by the Grantor and all other
persons or entities who may subsequently acquire an interest in
the Property, and (3) create a residential development of high
quality; and
e
Whereas, because this,Property may 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 the Property; and,
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 Homeowners'
Associa'ti'on .to be created, until such time -as the owners have
taken over the -management functions through the Homeowners'
Association, also known as'the "Association", upon substantial
completion of the development process. '
t•
1.2' Declaration.
The Grantor hereby,declares that the Property and each lot,
DECLARATION OF -COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING,.CREEK SUBDIVISION - 1,.
4
tract or parcel thereof (hereinafter referred to as "Lot" unless
specified to the contrary) , is and shall be held, spld, - conveyed;
encumbered, hypothecated, leased, used, occupied and improved
subject to the following covenants, conditions, restrictions,
easements,reservations, limitations, and equitable servitude
(hereinafter collectively referred to as "Covenants, Conditions
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, Conditions and
Restrictions set forth herein shall run with the land in
perpetuity and 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 and by any owner's association as hereafter provided.
Notwithstanding the foregoing, no provision of'this
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,,thereof, 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
p of the 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 provisions of
the Declaration may be granted by the Architectural Control's
Committee (hereinafter "ACC"), provided that such a;waiver shall
be for -a reasonable period of time and shall not violate the
applicable ordinances of the City of Meridian, Idaho. Anyfsuch
waiver need"not be recorded and shall not constitute an amendment
of this,Declaration.
2.1 Land Use and Building Type.
No Lot shall be used except for residential purposes, and no
Lot shall be used for the conduct of any trade or business or
professional activity. This provision is not intended'to
restrict in�home office use with limited customer traffic of less
than three (3) customers per day, as long as such use is in
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 2.
v
compliance with the laws of the City of Meridian, Idaho. Not-
withstanding the foregoing, the Board of Directors of Sterling
Creek Homeowners' Association (hereinafter "Board") may, in its
discretion and upon request by an owner, allow an owner to
conduct a "garage sale" upon such owner's Lot.
There shall be allowed on Lots 1, 2, 3, 4, 5, 6, 7, 8
9, Block 1, Sterling Creek Subdivision, Ada County, Idaho,
houses and/or duplexes as defined by the City of Meridian,
All such townhouses and/or duplexes are subject to all
provisions,of=these Covenants,'Conditions and Restrictions
Sterling Creek Subdivision, unless specified otherwise.
2.2 Size Limitations..
and
town -
Idaho.
of
.(a) Single Family Residential Lots. Each residence shall
not have less than square feet of interior living space
exclusive of porches and garages. Each unit shall include at
least a two (2) car garage, with the garage being an integral
attached part of the residential structure. Two story and tri -
level homes shall not have less than square feet. For`
purposes of determining square footage, eaves, steps, open
porches,, garages, and patios shall be excluded from the square
footage computation,
(b) Townhouse and/or'Duplex Lots. Each unit shall not have
less than square feet of interior living space exclusive
of porches and garages for a single level unit and each unit ,.
shall not have less than square feet of interior living
space exclusive of porches and garages for a two (2) story unit.
Each unit shall include at least a two (2) car garage,,,with the
garage being an integral attached part of the residential
structure. For purposes of determining square footage, eaves,
steps, open porches, garages, and patios "shall be excluded from
the square footage computation. In' the event townhouse and/or
duplexes do not share a common wall between Lots, the townhouse
f
and/or duplex units shall maintain a minimum of ten (10) feet
separation per, -story between units on each Lot.
2.3 Roofing Material.
The roof of each unit shall be a minimum of,,5/12 pitch with
a maximum 25 year architectural style composition shingles or
cedar'shakes,or tile as specifically approved by the ACC. No
gravel or metal roofs shall be permitted.
q
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 3.
C
F 2.4 Exterior Colors and Materials.
All exterior materials and colbrs-shall be selected and used
t'wlAch are approved by the ACC and which.are compatible with other
buildings on the Lot and on neighboring Lots to the end that all
such buildings will present a unified and coordinated appearance.
All„exterior finishes and/or colors shall be earthtone,
including subtle blue and gray tones, as approved in writing by
the ACC. Bright, bold or very dark body colors shall be
discouraged., Each house shall include some brick, stone, stucco
or other distinctive design features on the front exposure which
will wrap around the sides of garages or columns. Bay windows,
broken roof lines, gables, hip'roofs, etc. are strongly
encouraged. No vertical type siding will be allowed unless
approved by the ACC.
2.5 Exterior Maintenance -- Owner's Obligation's.
No improvements, including mail boxes and landscaping, shall
be permitted to fall into disrepair', and each improvement shall
at,all times be kept in good condition and repair. In the event
that any'owner shall permit any improvement, including trees and
landsc°aping, which is the responsibility of such owner to
maintain, to fall into disrepair so as to create a dangerous,
unsafe,, unsightly or unattractive condition, or damage to
Property, or facilities on or adjoining their.Lot which would,
othe'rwis'e be the Associations' responsibility,to maintain, the
Board, upon fifteen° (15) days prior written notice to the owner
y of said Lot, shall have the right to correct such condition, and
to enter upon such owner's Lot for the purpose of doing so, and
such owner.shall promptly reimburse the Association for the cost
thereof. Such cost shall be a limited assessment and shall'
create a lien enforceable in the same manner as other assessments
set forth herein. The owner'of the offending Lot shall be
personally liable, and his Lot may be subject to a mechanic's
lien for all costs and expenses incurred by the Association in
taking such corrective action, plus all attorney's fees and 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'thereof, or the amounts may,,atlthe option of -the
Board,- be added to the amounts payable by such owners as regular
assessments.
Each owner shall have the remedial rights'set forth herein
if the Board fails to exercise its rights within the time
following written notice as provided in paragraph 9.1 herein.
a 2.5.1 Exterior Energy Devices.
ti
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 4. „
P
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' y
All energy production devices including, but not limited to,
generators'of any kind and solar energy devices shall not be
constructed or maintained on any L'ot without the prior written
approval of the ACC; except for heat pumps or similar appliances
shown on the'plans approved by the ACC.
2.6 Nuisances.
No noxious or offensive activity including, without
limitation, those creating an offensive odor shall be carried on
upon any Lot nor shall anything be done thereon which may be or'
may become'pan annoyance or nuisance to the neighborhood.
Excessive barking dogs sfhall be considered a nuisance.
2.7 Structures.
No improvements of,a temporary character, mobile home,
modular home, trailer, basement, tent, "shack, garage barn or
other outbuilding shall'be placed or used on any Lot at anyatime
as a residence either temporarily or permanently. ,.
2.8 Signs.
No sign of any kind shall be displayed to the public view on
any Lot except one.sign of not more than five (5) square feet
advertising the'Property£for sale or rent, or signs used`by a
building-.or.the Dedlarant,to advertise the' Property during the
construction and sales period.
Y
2.9 Oil and Mining Operation.
No oil, drilling, oil development operation, oil refining,
quarrying or -mining operation of any kind shall be permitted upon
the -Property, nor shall oil wells, tanks, tunnels, mineral
excavations or shafts -be permitted upon the Property. No
derricks or other structure designed for use in boring for oil or
natural gas shall be erected, maintained or permitted upon the
Property.
2.10 Animals.
. k
No animals, livestock, or poultry of any kind shall be
raised„bred or kept on any residential building Lot, except that
two dogs, two cats or two caged birds may be kept provided that
they¢are not kept, bred, or maintained for' any commercial purpose
k z
DECLARATION OF COVENANTS;: CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 5.
~ � k
' � 9
D
and provided that the keeper of such pets complies with all
applicable rules and regulations. No dog runs or kennels shall
be permitted to be kept or placed within five (5) feet of a
setback line, where applicable. Dog 'runs or kennels shall only
be permitted to be placed and maintained to the rear of
dwellings,_ and in no event shall,such structures be visible from
a street. All such kennels,.or facilities shall comply with the
applicable laws and rules, and regulations. Excessive barking
dogs shall'be considered a nuisance under Section 2.6.
2.11,Garbage and Refuse Disposal.
No -rubbish, trash, garbage, refuse or debris shall be placed
or allowed'to remain on the Property, except (1) what is kept and
maintained within the interior of a unit in sanitary containers
and, (2) left outside for regularly scheduled trash disposal by
licensed trash disposal entities. All containers utihized for
the disposal of such material shall be kept in a clean, sanitary
condition..
2.12 Water Supply.
All residential Lots will be supplied with City of Meridian,
Idaho water and sewer. A pressurized irrigation system will be
established for irrigation purposes pursuant the requirements of,
the City of Meridian, Idaho.
2.13 Sewage Disposal.
No individual sewage disposal system shall be permitted on
any:Lot. All Lots `shall be subject to the sewer requirements of
the City of Meridian, Idaho.
2.14 Sight Distance -at Intersections.
No fence, wall, hedge or shrub planting which obstructs
sight lines at elevations between three (3) and six (6) feet
above the roadway, --shall be placed or permitted to remain on any
corner Lot within the triangular area formed by the street
property lines -and a line connecting them at points thirty (30)
feet from the intersection of the street lines, or in the case of
a rdunded Property corner, from'the intersection of the street
property, lines extended. The same sight line limitation shall
apply*on any Lot within ten (10) feet from the"intersection of a
street property line with the edge of driveway. No tree shall be
permitted to remain within such distances of such intersections
'unless the foliage line is maintained at sufficient height to
prevent obstruction of such sight lines,.
,DECLARATION•OF COVENANTS, CONDITIONS AND
"RESTRICTIONS OF STERLING CREEK SUBDIVISION - 6.
s
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2.15 Declarant's Right.
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Declarant reserves the right to construct residences and
other improvements upon any Lot and to offer,the same with
completed structures thereon for sale to individual `owners.
Nothing herein restricts the Declarant from redividing Lots.
2.16 Boats, Campers and Other Vehicles.
No boats, trailers, tractors, recreational vehicles,
w trailers, campers, motor homes, automobile campers For. similar "
vehicles or equipment; dilapidated, unrepaired or unsightly
vehicles, or similar equipment; motorcycles, snowmobiles, trucks
greater than three quarter ton in size shall regularly, or as a
matter of practice, be parked or stored on any portion of the
Property (including streets and driveways) unless enclosed in the
-,.,structure or screened from view in a manner approved, in writing
by the ACC. Notwithstanding the foregoing, any boat, camper
trailer or recreational vehicle which is in good repair and E
working order may be stored on the garage side yard of a Lot
between the front and rear of the unit. The R.V. parking area
and driveway to the parking area shall be surfaced with concrete
or such other material as approved by the ACC. Any of the
provisions of this paragraph shall be subject to the laws of the
City of Meridian,. Idaho, pertaining to this subject matter.
2.17 Bathrooms. rt
All bathrooms, sink and toilet facilities shall be inside
residence buildings and shall be connected by underground pipes
directly with the. sewer system.
2.18 Antennae.
No television antennae, satellite receivers, or radio
aerials shall be installed on the Property, other than within the
interior of a unit or within an enclosed structure or
appropriately sdreened from view. "Screened" is defined as being
concealed or made non-visible from eye level, at ground level,
and at all points within the'Property; provided, however, small
satellite dishes of less than twenty (20) inches may be installed
on the dwelling unit.
2.19 Hazardous Activities.
No activity shall be conducted on or in any unit or Lot
DECLARATION OF'COVENANTS, CONDITIONS AND `
RESTRICTIONS OF STERLING CREEK SUBDIVISION — 7.
a
which is, or might be unsafe orFhazardous to any person or
Property. Without limiting the generality of the foregoing, no
firearms shall be discharged upon said Property; no open fires
shall be lighted,or permitted on any'Property except in a self- y
contained barbeque unit while attended and in use for cooking
purposes., or with a safe and well designed interior fireplace.
2.20 Unsightly Articles.
No unsightly articles shall be permitted to remain on any,
Lot so as to be visible from the streets or adjoining Lots. No
lumber, grass, shrub or tree clippings or plant waste, compost
piles, metals, building or other materials or scrap,or other
similar material or articles shall be kept, stored or allowed to
accumulate on any portion of the Property except within an
enclosed structure or appropriately screened from view.
'Screened" is defined as'being concealed or made non-visible from
eye level, at ground level, and at all points within the
Property.
t
2.21 Buy -Back Option.
r 4
Any owner who purchases a Lot from the Declarant and does
not commence construction of a unit on the Lot within ninety(90)
days from the'date'of the closing of the purchase of the Lot from
the Declarant shall maintain the Property pursuant to Section
2.5. Unimproved Lots must be kept free of unsightly weeds and
other unsightly appearances,as determined by the ACC and the laws
..of the Ci:tydof Meridian, Idaho. If such section is violated, the
Declarant shall have the option to.buy back the Lot at the sale
price for which the Lot was purchased from the Declarant, and
owner agrees -to pay Declarant within -ten (10) days of Declarant's
buy back of the Lot, all costs associated with Declarant's 4
repurchase of the Lot including, but notelimited to, attorney's
fees and costs,.. The Declarant shall exercise the option by
written notice, mailed certified mail return receipt requested to
the owner'at the address stated on the deed by whicri the Lot was
conveyed,by the Declarant. Closing shall occur within ten (10)
days from the mailing of the letter.
2.22 Light, Sound - General.,
No light shall be emitted from any Lot which light is
unreasonably bright or causes unreasonable glare. No sound shall
be emitted from any Lot which is unreasonably loud or annoying,
and no odors shall! -be emitted on any Property which are noxiou's'
-DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION- 8.
s f.
,or offensive to others.
{
2.23 Construction.
During the course of actual construction of any permanent
improvements, the restrictions contained in this declaration and
any supplemental declarations shall'be deemed waived to the
extent necessary to,permit such construction, provided that
during the course.of such construction nothing shall be done
which will result in a,violation of'these restrictions upon
' completion o_f construction and all construction shall b'e
diligently prosecuted to completion, continuously and without
delays.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS,OF STERLING CREEK SUBDIVISION —9.
♦ ' SW. Si.
2.245Reconstruction.
In any case where it is necessary to reconstruct a unit',
said re -construction shall be prosecuted diligently, continuously
and without delays -from the time of commencing thereof until such
structure is fully completed and painted, unless prevented by
causes beyond control and only for such time that such causes
-continue.
2.25 Maintenance and Repair.
P
In= -the event the improvements on any Lot shall suffer damage
or destruction from_any cause, the owner thereof shall undertake
the repair, restoration and reconstruction thereof within ninety
P(90) days of such damage or destruction.
2.'26 Fences.. "
Fencing `is required and shall be of vertical wood cedar
graded number two (2) or better, without holes, four (4) inches
wide, seven -eight's (7/8) inch thick or thicker, with Douglas`Fir
rails and cedar°or steel posts set in two (2) foot holes, eight
} (8) inches in diameter with concrete. The ACC may allow as an
alternative, vinyl fencing. No chain link fences, wire fences of
any kind, grape stake `fences, fences of basket weave design, or
other types of fencing"shall be allowed in the Subdivision, with
the exception of perimeter fencing as required by the City of
Meridian, Idaho.
2 .1,27 P1"at Conditions and Common Areas.
All Covenants, Conditions and Restrictions and other matters
set forth on all plat's are hereby incorporated by reference and t
notice is,hereby given to the same. Lots 20, 28, 30, 34, 38 and
39 of Block 1, Sterling Creek Subdivision are designated as
common Lots to be owned and maintained by Sterling Creek
"Subdivision Homeowners' Association, subject to (1) an easement
,in favor of the Ada County Highway District to allow for heavy
maintenance of the°storm water detention ponds in Lots 28 and 39
of Block 1,_ Sterling Creek Subdivision; (2) subject to an
easement for maintenance in favor of the Nampa Meridian
Irrigation, -District to.maintain Lot 20, Block 1, Sterling Creek
Subdivision; and, (3) a°sanitary sewer easement in favor of
on Lots 30 and 34 of Block
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING -CREEK SUBDIVISION - 10.
P
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Sterling,. -Creek Subdivision. Lot 9 of Block 1, Sterling Creek
Subdivision is designated as a common driveway to.bd'owned,,and
'maintained by the owners of Lots 1 -8 -of Block 1, Sterling Creek
Subdivision, who have an easement for ingress and egress over
said Lot, }and said owners shall be the only owners within
Sterling Creek Subdivision assessed for its maintenance by the
Homeowners' Association.f Lot 23 of Block 1, Sterling Creek
Subdivision is designed as a common driveway to be owned and
maintained by the owners of Lots 24 and',25 of Block 1, Sterling,
Creek Subdivision, who have an easement for ingress and egress
over said Lot, and said owners shall be the only owner's within
Sterling Creek Subdivision assessed for its maintenance by the
Homeowners' Association. Weed control within the area bounded by
the westerly and southerly top of the bank of the°Five Mile drain
and the rear lot lines of -Lots 11, 12, 13, 16, 17, 18 and 19 -of
Block 1, Sterling Creek.Subdivision shall be the responsibility
of the Homeowners' Association and shall comply with"the
requirements of the City of Meridian, Idaho.
2.28 Front and Side Yard Landscaping. x
All yard areas of each Lot must be planted with sod, seeded
and/or landscaped within ninety (90) days of occupancy of the
unit with grass as the primary means of landscaping. The failure
of the owner to comply timely with this section shall constitute
a failure to perform exterior maintenance and the Association
and/or the Grantor shall have.all rights and remedies provided in
Section.2.5 or any other provision of this declaration. Planting
of hardwood, ornamental, and evergreen trees is strongly
encouraged.
2..29 No Dumping.
No excavation material, grass or yard clippings, rubbish,
trash, garbage, refuse or'debris shall be placed or allowed to
remain on any vacant or unimproved Lot without the prior written
approval of the Declarant or the ACC. The owner of any Lot who
is in violation of this Section shall be liable for cleanup
and/or removal costs in accordance with Section 2.5 hereof.
e 9
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DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 11.
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2.30 Detached Buildings.
One storage building may be allowed on each Lot, provided
the building is `square feet or less, is located to the
rear of the Lot, is compatible with the residence, and is
approved by the ACC. Any storage building or structure must meet
all requirements of the City of.Meridian, Idaho.
2.31 Concrete Sidewalks and Driveways.
All Lots shall have four (4) foot concrete sidewalks
„constructed,in accordance with standards established by the City
of:Meridian, Idaho. Concrete driveways will be built in
accordance with standards established by the City of Meridian, '
Idaho. All concretefimust be completed by each builder no -later
than completion of each dwelling.' Mail box sleeves will be
installed by each builder as approved by the ACC.
. _ ARCHITECTURAL CONTROL COMMITTEE
3,1 Architectural`Control, Committee .
In order to protect the quality and value of residential
structures"built in the Sterling Creek Subdivision, and for the
continued protection,of the owners thereof, an Architectural
Control Committee (ACC) shall be established.
3.2 Members of the Committee.
The ACC for the Property shall consist`of three (3) members
who must be Lot owners an_d'members of the Homeowners' Association
li as membership is defined in Section 4.2 herein, except for
members appointed by the Declarant. The following persons are.
hereby designated by Declarant as the initial members of the ACC:
,Each of said persons shall hold office until such time as he/she
has resigned or has been removed, or his/her successor has been
appointed as provided herein.. As long as the Declarant shall be
the _owner of at least one (1) Lot in the subdivision, the
Declarant shall have the right to appoint and remove all members
of the ACC. Thereafter, the Homeowners' Association shall assume
-4
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 12.
S�.
3
4
2.30 Detached Buildings.
One storage building may be allowed on each Lot, provided
the building is `square feet or less, is located to the
rear of the Lot, is compatible with the residence, and is
approved by the ACC. Any storage building or structure must meet
all requirements of the City of.Meridian, Idaho.
2.31 Concrete Sidewalks and Driveways.
All Lots shall have four (4) foot concrete sidewalks
„constructed,in accordance with standards established by the City
of:Meridian, Idaho. Concrete driveways will be built in
accordance with standards established by the City of Meridian, '
Idaho. All concretefimust be completed by each builder no -later
than completion of each dwelling.' Mail box sleeves will be
installed by each builder as approved by the ACC.
. _ ARCHITECTURAL CONTROL COMMITTEE
3,1 Architectural`Control, Committee .
In order to protect the quality and value of residential
structures"built in the Sterling Creek Subdivision, and for the
continued protection,of the owners thereof, an Architectural
Control Committee (ACC) shall be established.
3.2 Members of the Committee.
The ACC for the Property shall consist`of three (3) members
who must be Lot owners an_d'members of the Homeowners' Association
li as membership is defined in Section 4.2 herein, except for
members appointed by the Declarant. The following persons are.
hereby designated by Declarant as the initial members of the ACC:
,Each of said persons shall hold office until such time as he/she
has resigned or has been removed, or his/her successor has been
appointed as provided herein.. As long as the Declarant shall be
the _owner of at least one (1) Lot in the subdivision, the
Declarant shall have the right to appoint and remove all members
of the ACC. Thereafter, the Homeowners' Association shall assume
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DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 12.
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responsibilities of the ACC.
3.3 Approval by Committee.
No building, fence, wall patio cover, window, awning, o`r
other structure shall be commenced, erected, or maintained upon
the Lots'or other properties within the Property, nor shall any
exterior addition to or change or alteration therein be made
until,the plans and specifications showing the nature, kind,
shape, height, materials, and location of the same shall have
been submitted to and approved in writing as to harmony of
external design and location in relation to surrounding
structures and topography by the ACC. In the event said
committee fails to approve or disapprove such design and
.. location, in, writing, within thirty . (30) days after said plans
and specifications have been submitted to it in such,form as may
be required by the ACC, approval will not be required and this
article will be deemed to have been fully complied with.
3.4 Rules and Regulations.
The -ACC may establish procedures, including such rules as
the committee may deem appropriate and in keeping with the spirit
A of due. --process of law with regard to the right of concerned
parties due to be heard on any matter before the commi-ttee. The
ACC is further hereby empowered to adopt such regulations as it
shall deem appropriate, consistent with the provisions of this
declaration, with regard to matters subject to the committee's
approval, including specifications and requirements for all
submittals to the committee, a requirement for payment by the Lot
owner of a reasonable review fee of less than $200.00, and
matters of design and aesthetic interest.
3.5
No member of the ACC duly appointed or elected shall incur
-liability by reason of any act or omission in exercising the
duties herein,established for such committee.
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DECLARATION OF, COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 13.
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HOMEOWNERS'- ASSOCIATION
4.1 Formation.
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Itis contemplated that simultaneously with the executi'o'n
and recordation of this declaration, a Homeowners.' Association
(hereinafter referred to as "Association") will,be incorporatedA
and will adopt bylaws. To the extent the Articles of�
Incorporation or Bylaws of the Association, conflict with the
provisions of this declaration, the provisions of this
declaration shall control.
4.2 Membership. ,
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Each owner of a LoC on the Property shall be a member of
the Association.,, Membership shall be appurtenant to and may not
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be separated from ownership of any Lot. Ownership shall be the
sole qualification for membership and shall automatically
commence when a person becomes such owner and shall automatically
terminate when such ownership is conveyed or, transferred. There
shall'be only one (1) membership for each Lot. If there are
multiple owners -of a Lot, the owners shall, by written instrument
filed'with`the Association, designate the individual entitled to
exercise the„privileges of membership. Each member shall pay
annual assessments as determined by the Board'for (1) repairs and
maintenance of the common areas, weed control, pressurized
irrigation system, .,other facilities,,easement areas specific only
to certain Lot owners as provided in -Section 2.26, and any other
common>"dreas defined' by the ACC or contained 'on the subdivision
plat of Sterling Creek Subdivision, and (2) other necessary
expenses,incurred or expected to be incurred by the Board.
4.3 Classes of Voting Members.
The Association shall have two classes of voting membership;
'however,,all votes shall be equal and counted as such, except
where voting by separate classes may otherwise be provided in the
"Articles and'Bylaws of the Association of this declaration.
(A) Class A members shall be owners with the exception
of -the Declarant (during the period when _the Declarant is a Class
B -member). Each Class A member shall be entitled to one '(1) vote
for each Lot owned unless said member is delinquent in payment of
R assessments or in violation of any of the covenants, conditions
or'restrictions contained herein. If there are multiple owners
of a Lot, the owners shall designate the individual entitled to
exercise the voting privileges of and in no event
shall more than one (1) -vote be cast with respect to any Lot.
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DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING`CREEK SUBDIVISION - 14.
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(B) The sole Class B member shall be the Declarant who
shall be entitled to three ('3) votes for each Lot owned. Class B
membership shall cease and be converted automatically to Clas's A
membership (one Class A membership for each Lot owned) upon the
first of.
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(i) When`the total votes outstanding in the Class
A membership equals or exceeds the total
votes outstanding in the Class B membership;
or,
(ii) May 1, 2008.
RIGHTS RESERVED BY DECLARANT
5.1 Notwithstanding anything to the contrary contained in
this declaration, Declarant expressly reserves unto:
(A) Itself, its successors and representatives,
contractors and,their_subcontractors easements and rights-of-way
on, over and across all or any part of the streets for vehicular
and pedestrian ingress and egress, to and from any part of the
Property, or any adjacent Property owned by Declarant, or'its
successors or assigns;
(B) Itself, its successors and representatives,
contractors and their subcontractors (including any district,
company, unit of local government, association or other entity
providing water, sewer, gas, oil, electricity, telephone, cable
television, or other similar services), easements, access and
rights-of-way on, over, under and across all or part of the
utility easements on, over and under all Lots as provided on any
recorded subdivision plat of the Property for installation, use,
maintenance and repair of aY1 lines, wires, pipes, pumps,
facilities, and` other things -necessary for all. such services,
provided that any installation, maintenance or repair of such
lines, wires or pipes shall be performed with reasonable care and
that the surface of said easement area shall be restored to the
level and condition that,existed prior to the doing of work.
(C) Itself, its agents and successors, all water and
water rights over, upon or under or appurtenant to the Property,
or any portion thereof,•and a nonexclusive easement'inside the
boundary of each Lot as Adentified on any recorded plat per-
taining to the right-of-way for construction of a pressurized
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 15.
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pipe irrigation system. w
(D) Itself, its agents and successors, rights to use „
public roadways provided in the subdivision to access property
adjacent to the Property for use deemed appropriate by the
Declarant-, which may including,- but not be limited to;,
agricultural use, recreational vehicle park access, residential
development, boat docks, parking lots, or any other activity
deemed appropriate by the Declarant.
=6.1 Pressurized Irrigation System.
Each Lot shall be entitled to use the pressurized irrigation
system supplied for use,of Sterling Creek Subdivision. The
construction,'use, maintenance and assessments for the�use of
said system shall -be in compliance with the requirements, rules
and regulations of the Nampa Meridian Irrigation District.
7.1 T e'rm
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That'these Covenants, Conditions and Restrictions shall run
with the land described herein and shall be binding upon the ;
parties hereto and -all successors in title or interest to said
Property"or any part thereof, until May 1, 2008,•at which time,
said Covenants, Conditions and Restrictions shall be
automatically extended for successive periods of ten (10) years
unless by affirmative vote of not less than three -fourth's (3/4)
of the members of the Homeowners' Association, by an instrument
in writing, duly signed and acknowledged.by the Board shall then
,_terminate or amend said Covenants, Conditions and Restrictions,
and such termination or amendment shall become effective upon the
filing of such instrument 'or record in the officer of the
recorder of Ada County, Idaho.
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DECLARATION OF COVENANTS, CONDITIONS AND '
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 16.
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X8.1 Amendment
These Covenants, Conditions and'Rbs'rictions may be amended
from time to time with respect to any part or portion thereof,
providing at least three-fourths (3/4) of the members of the
Homeowners' Association by affirmative vote approve any such
"amendment, which amendment shall be duly made and reduced to
writing as, provided ,for in Section 7.1 herein, and providing such
proposed amendments shall be in compliance with the'laws of the
City of Meridian, Idaho.
9'.l Enforcement
If the parties hereto, or any of them or their heirs or
assigns, shall violate or attempt to violate any of the
Covenants, Conditions or Restrictions set forth herein, it shall
be lawful for the -Board of Directors of Sterling Creek
Subdivision Homeowners' Association to prosecute any proceeding
. at law or in equity against the member or members violating or
attempting to violate any such Covenant, Condition or
Restriction, and either to prevent him or them from so doing or
to recover damages or other relief for such violation. In the
event the Board fails to initiate,,any proceeding against a member
within forty-five (45) days of written notification to'the Board
of a violation or attempted -violation of these Covenants,
Conditions and Restrictions, it shall be lawful for any member,
at the member's own expense, to initiate any such proceeding
which could be initiated by the Board.
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Failure of any member to promptly pay, when due, any
assessments levied by the Board of Directors of Sterling Creek
Subdivision Homeowners' Association or, to pay when due any other
cost or }charge provided herein when due, and if such assessments
or payments become delinquent for a period of more than thirty
(30) days, such delinquency shall constitute a lien on the
member/owner's Property, and may be foreclosed in a manner
provided by Idaho law for foreclosures of deeds of trust. The
foregoing shall not be construed to prohibit any other action at
law -,'or equity to collect delinquent assessments.
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 17.
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That the invalidation of -any of these Covenants, Conditions
and Restrictions by judgment or court -order shall in no.way
affect any of the other provisions, which shall remain in full
force and effect. ..
IN WITNESS WHEREOF, Declarant has hereunto set his hand -and
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{ seal this day of 1998.
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Ron Crow
STATE OF IDAHO )
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County of Ada ) u
On this day of in the year 1998, before
me, the undersigned, a Notary Public
in Ada County, State of Idaho, personally appeared RON CROW,
known or identified to me°to be the person whose name is
subscribed to the within and foregoing instrument and
acknowledged to me that he executed the same.
INWITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first' -above
written.
Notary Public for the°State of Idaho
Residing in Ada County, Idaho
My Commission Expires:
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DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF STERLING CREEK SUBDIVISION - 18.
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