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HomeMy WebLinkAboutScottsdale Subdivision FPTRANSMITTAL 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: June 8 1999 TRANSMITTAL DATE: May 14 1999 HEARING DATE: June 15, 1999 FILE NUMBER: FP -99-021 REQUEST: FINAL PLAT FOR SCOTTSDALE SUBDIVISION BY: WOLFE COMMERCIAL ENTERPRISES LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF FRANKLIN RD & WEST OF SOUTH WEST 7T" AVE TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z _THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: 0 0 HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 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: June 8 1999 TRANSMITTAL DATE: May 14 1999 HEARING DATE: June 15, 1999 FILE NUMBER: FP -99-021 REQUEST: FINAL PLAT FOR SCOTTSDALE SUBDIVISION BY: WOLFE COMMERCIAL ENTERPRISES LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF FRANKLIN RD & WEST OF SOUTH WEST 7T" AVE TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z _THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: AUEST FOR SUBDIVISION APPR*L FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: ]RECF,rVE1 MAY 12 1999 CITY OF M RIDLk p4MG WON11 FP -22-- 1 A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Scottsdale Subdivision 2. General Location: South side of West Franklin Road (Near Dreamland Dam) 3. Owners of record: Wolfe Commercial Enterprises, LLC Address: 1409 E. V St., Meridian, Idaho Zip 83642 Telephone 288-0100 4. Applicant: Wolfe Commercial Enterprises, LLC Address: 1409 E. V St., Meridian, Idaho Zip 83642 Telephone 288-0100 5. Engineer, Dean Briggs Firm Briggs Engineering, Inc. Address, 1800 W. Overland Road, Boise, ID Zip 83705 Telephone 344-9700 6. Name and address to receive City billings - Name: Wolfe Commercial Enterprises, LLC Address 1409 E. 1 s` St., Meridian, Idaho Telephone 288-0100 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 4.30 Acres 2. Number of building lots: 8 3. Number of other lots: 1 4. Gross density per acre: 2.09 5. Net density per acre: 1.86 6. Zoning Classification(s): Existing L -O 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? Not Applicable 8. Does the plat border a potential green belt? No 9. Have recreational easements been provided for? No 10. Are there proposed recreational amenities to the City? No Explain 11. Are there proposed dedications of common areas? No Explain For future parks? Explain 980202\SUBAPPL-MER-final (1) 12. What school(s) ser* the area? Not applicable !moo you propose any agreements for future school sites? No Explain 13. Are there any other proposed amenities to the City? , Explain Central Water Fire Hydrants and Central Sewer 14. Type of Building (Residential, Commercial, Industrial or combination): Commercial 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): Professional Office Building 16. Proposed Development features: a. Minimum square footage of lot(s): Approximately 11,000 to 27,000 + Sq. Ft. b. Minimum square footage of structure(s): unknown C. Are garages provided for? No Square footage: N/A d. Has landscaping been provided for: Yes , Describe 25 -foot landscape buffer adjoining Franklin Road e. Will trees be provided for? Yes , Will trees be maintained ? Homeowner's Association f. Are sprinkler systems provided for? In landscape buffers by developer g. Are there multiple units ? Yes Type: Commercial Remarks: h. Are there special set back requirements ? No Explain: i. Has off street parking been provided for ? Yes Explain: Concept plan on plat allows for 1 parking space per 400 sq. ft. of building j. Value range of property: N/A k. Type of financing for development: Conventional 1. Were protective covenants submitted? Yes , Date: Attached 17. Does the proposal land lock other property? No Does it create Enclaves? No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. 980202\SUBAPPL-MER-final (2) JAN -19-1999 14:54A. HOLLAND & HART LLP 208 343 9BG9 P.02.f14 L t' DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SCOTTSDALE SUBDIVISION THIS DECLARATION, is made on the date hereinafter set forth by the undersigned, hereinafter referred to as "Declarant". RECITALS WHEREAS, Declarant is the owner of certain real property in the county of Ada, state of Idaho, hereinafter referred to as "Said Property," which property is move particularly described on Exhibit A attached hereto and, by this reference, incorporated herein as if set forth in full. NOW, THEREFORE, Declarant hereby declares that all of Said Property is, and shall be, held and conveyed upon and subject to the easements, conditions, covenants, restrictions, and reservations hereinafter set forth for the purposes of enhancing and protecting the value, desirability, and attractiveness of Said Property. Said easements, covenants, restrictions, conditions, and reservations (hereinafter, the "covenants") shall constitute covenants running with the land. These conditions, covenants, restrictions, easements, and reservations shall inure to the benefit of, and be limitations upon, all future owners of Said Property, or the owners of any portion thereof or interest therein. ARTICLE I: DEFINTIRONS Whenever used in this Declaration, the following terms shall have the following meanings: 1. "Board of Directors'" and "Directors" shall mean the board of directors of the Corporation as herein defined. 2. "Common Area" shall mean all real property, and any appurtenances thereto, now or hereafter owned or maintained by the Corporation for the common use and enjoyment of the Members of the Corporation. The Common Area is to be owned or maintained by the Corporation for the common use and enjoyment of the Members of the Corporation. The Common Area shall include, without limitation: a. Lot 3, Block 2 as shown on the Preliminary Flax attached hereto as Exhibit B and, by this reference, incorporated herein as if set forth in full. Said lot shall be maintained by the Corporation for the Meridian City sewer line access and maintenance; and b, A twenty-five foot landscaping setback on the Northern Boundary of the Said Property, adjacent to Franklin Road, as shown on the Preliminary Plat attached hereto as Exhibit B. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 1 JAN -19-1999 14:51 HOLLAND & HART LLP 208 343 8869 P.03f14 C. The pressure irrigation easement and existing pressure irrigation stations and fixtures on Said Property as shown on the Preliminary Plat attached hereto as Exhibit B. 3. "Corporation" shall mean Scottsdale Subdivision Owners Corporation, a non-profit corporation, to be organized under the laws of the State of Idaho, and its successors and assigns. 4. "Said Properly" shall mean and refer to that certain real property described in Exhibit A and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. 5. "Lot" shall mean and refer to any lot or parcel of land (hereinafter collectively "Lots") shown upon any recorded subdivision map of the property with the exception of the Common Area. 6. "Member" shall mean and refer to every person or entity who holds membership in the Corporation 7. "Owner" shall meati and refer to the record owner of a fee simple title to any Lot which is part of Said Property (including contract purchasers), whether one or more persons or entities, excluding those having such interest merely as security for the performance of an obligation. 8. "Declarant" or "Developer" shall mean and refer to the undersigned, and the successors, heirs, and assigns of the undersigned. 9. "Mortgage" shall mean and refer to any mortgage or deed of trust. "Mortgagee" shall refer to the mortgagee under any mortgage or the grantee under any deed of trust. "Mortgagor" shall refer to the mortgagor under any mortgage or the grantor under any deed of trust. ARTICLE U: MEMBERSHIP 10. Membership Defined. Every person or entity who is an Owner shall, by virtue of such ownership, be a Member of the Corporation. When more than one person holds such interest in any Lot, all such persons as a group shall be a Membez. In such a case, the group shall designate a single person or entity to speak for the group on all matters upon which the vote of the Members shall be taken. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any such Lot subject to assessment by the Corporation. Such ownership shall be the sole qualification for membership, shall automatically commence upon a person becoming an Owner, and shall automatically terminate and lapse when such ownership in Said Property shall terminate or be transferred. The DECLAMATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 2 JA4-19-1999 1452 HOLLAND 8 FST LLP 208 343 8869 P.04./14 Corporation shall maintain a current list of Members and may require written proof of any Member's Lot ownership interest. 11. inspection pf Corporate Books. The financial reports, books, and records of the Corporation may be examined, at reasonable times, by any Member or Mortgagee. ARTICLE III: VOTING RIGHTS 12, Membgershig Votipg Rights. The Corporation shall have one class of voting membership. Each Member shall be entitled to cast one vote as set forth herein for each square foot of the Said Property in which the Member holds the interest required for membership. The vote applicable to any portion of the Said Property being sold under contract of sale shall be exercised by the contract purchaser unless the contract expressly provides otherwise and the Corporation has been notified in writing of such provision. ARTICLE JV: PROPERTY RIGHTS 13. CoMmon Prop -e= 0-y-menhilp The Corporation shall own, operate, control, and maintain the Common Area. 14. Members' Easements of Enjoinment. Every Member of the Corporation shall have a right and easement of enjoyment of and to the Common Area, save and except patios adjacent to an Owner's Lot and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: a. The right of the Corporation to limit the number of Members permitted to use a particular part of the Common Area at any one time; b. The right of the Corporation to suspend any Member's voting rights for any period during which any assessment against said Member's property remains unpaid and for a period not to exceed thirty (30) days for each infraction of the Corporation's published rules and regulations; C. The right of the Corporation to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such condition or transfer shall be effective unless an instrument signed by Members entitled to cast two- thirds (213) of the majority of the votes of the membership has been recorded in the appropriate county deed records, agreeing to such dedication or transfer, and unless written notice of any proposed action has been sent to every Member not less than thirty (30) days, nor more than ninety (90) days, prior to the vote on such dedication or transfer; and DECLARATION OF COVENANTS, CONDITIONS, AND RESTRIC'T'IONS - 3 JAWi9-i999 14=52 FULLAND & HART LLP 208 343 8869 P.05/14 i • d. The right of the Directors of the Corporation to promulgate reasonable rules and regulations governing such rights of use, from time to time, in the interest of securing maximum safe usage of such Common Area by the Members without unduly infringing upon the privacy or enjoyment of the owner or occupant of any part of Said property. 15. Delegation of Use. Any Member may delegate, in accordance with the Rules and Regulations adopted from time to time by the Directors, said Member's right or enjoyment to the Common Area and facilities to the Member's employees and tenants. ARTICLE V: MMNTENANCE ASSESSMENT AND MORTGAGEE RIGHTS 16. Creation of the Lien and PelAonal Obliea_ tion of Assessments. The Declarant hereby covenants for all of Said Property to pay to the Corporation: (1) regular annual or other regular periodic assessments or charges and (2) special assessments for capital improvements, such as assessments to be fixed, established, and collected :from time to time as hereinafter provided. In addition, each current or future Owner, by acceptance of a deed to any Lot, covenants to pay to the Corporation the same assessments. The regular and special assessments, together with such interest thereon and any costs of the collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with such interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time such assessment was levied. The obligation shall remain a lien on the property until paid or foreclosed, but shall not be a personal obligation of successors in title unless expressly assumed by them. 17. PgMose of Assessmenis, The assessments levied by the corporation shall not be used for any purpose other than promoting the health, safety, and welfare of the Owners of Said Property. In particular, said assessments shall be used for the improvement and maintenance of Said Property, any Common Area, the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, and of the improvements situated upon Said Property and including, without being limited thereto, the payment of taxes and insurance on all or any part of Said Property. Subject to the above provisions, the Corporation shall determine the use of assessment proceeds. 18. Basis and Maximum Annual Assessments. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum regular assessment shall be $ per square foot of Lot per year, payable in lawful money of the United States of America; a. From and ager January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum assessment may be increased by DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 4 JAN -19-1995 14:51-3 ELAND & FST LLP 208 343 9 P.06/14 a vote of the Members, provided that any such increase shall be approved by the affirmative vote of not less than two-thirds (213) in interest of the votes of the Members of the Corporation voted in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent all Members not less than thirty (30) days not more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. The Board of Directors shall notify the Members of any increase in the assessment at least thirty (30) days in advance of the commencement of the increase. b. In addition to the regular assessments authorized above, the Corporation may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair, or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal properly related thereto, provided the assent of a two-thirds (2/3) majority of the votes represented by those Members who are voting in person or by proxy at the meeting duly called for this purpose is obtained, written notice of which meeting shall have been sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. 19. Uniform to of Assessments. Both regular assessments and any special assessments must be fixed at a uniform rate for each square foot of each Lot and may be collected on an annual, quarterly, or monthly basis in the discretion of the Directors. 20. Quorum For AM Action Authorized Under Section 3. At the first meeting called, as provided in Section 3 of this Article, the presence at the meeting of Members or of proxies authorized to cast sixty percent (60%) of all votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Section 3 and there shall be no quorum required at such subsequent meeting. 21. Date of Commencement of Annual Assessments; Due Dates. All Lots upon which buildings have been constructed shall be subject to the assessments provided for herein on the first day of the month following the date the Lot is conveyed to any Owner other than the Declarant. 22. Effect of Non avment of eats- Remedies of the CoMoratio Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent (1$%) per annum. The Secretary of the said Corporation may file in the office of the County Recorder, Ada County, Idaho, a lien reflecting the amount of any such charges or assessments, together with interest, as aforesaid, which have become delinquent with respect to any Lot on Said Property, and upon payment in full thereof, shall execute and file a property release of the lien releasing the same. The aggregate amount of such assessments, together with interest, costs, and expenses and a reasonable attorney's fee for the filing and DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 5 JAN -19-1999 14:53 HOLLAND 3 FART LLP 202 343 8859 P-07/14 14 enforcement thereof, shall constitute a lien on the whole Lot (including any improvement located thereon), with respect to which it Is fixed from the date the lien is filed in the office of the said County Recorder for Ada County, Idaho, until the same has been paid or released as herein provided. Such lien may be enforced by said Corporation in the manner provided by law with respect to liens upon real property. The Owner of Said Property at the time said assessment is levied shall be personally liable for the expenses, costs, and disbursements, including attorney's fees of the Declarant or of the Corporation, as the case may be, of processing and, if necessary, enforcing such liens all of which expenses, costs, disbursements, and attorney's fees shall be secured by said lien, including all aforementioned expenses, costs, disbursements, and fees on appeal, and such Owner at the time such assessment is levied, shall also be liable for any deficiency remaining unpaid after any foreclosure sale. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or by abandonment of the Owner's improvements or Lot. 23. Subordination of the Lin to Mortgages. The lien of the assessments provided for herein shall be inferior, junior, and subordinate to the lien of all Mortgages and trust deeds now or hereafter placed upon Said. Property or any part thereof. The sale or transfer of any Lot or any other part of the Said Property shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any Mortgage, pursuant to a judgment or decree of foreclosure under such Mortgage or any proceeding under a power of sale established in any deed of trust, shall extinguish the lien of such assessments as to amounts thereof which became due prior to such sale or transfer. However, any such lien shall attach to the net proceeds of. sale, if any, remaining after such Mortgages and other prior liens and charges have been satisfied. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 24. Exemt Praperty. The following property subject to this Declaration shall be exempt from the assessments created herein; authority; a. All properties expressly dedicated to and accepted by a local public b. The Common Area; C. All other properties owned by the Corporation; and. d. Any property owned by the Declarant prior to the time that the construction of improvements thereon is completed. 25. Corp ration Budget. The Corporation shall prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair, and other common expenses for the Corporation.' next calendar year and which shall be sufficient DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 6 JAN -19-1999 1454 HOLLAND 8 HART LLP 200 343 OOG9 P.08/14 to pay all estimated expenses and outlays of the Corporation for the next calendar year growing out of or in connection with the maintenance and operation of the Common Area and improvements. Said budget may include, among other things, the costs of exterior maintenance, management, special assessments, fire, casualty and public liability insurance, common lighting, landscaping and Gare of grounds, repairs, renovations and paintings of Common Area, snow removal, wages, water charges, legal and accounting fees, management fees, expenses and liabilities incurred by the Corporation under or by reason of this Declaration, the payment of any deficit remaining from a previous period, and the creation of any reasonable contingency of other reserve or surplus funds, as well as all costs and expenses relating to the Common Area and improvements. 26. Repair. etc. If any of the property located in the Common Area and/or improvements is damaged or destroyed, the Members shall, at a special meeting called for that purpose determine whether to rebuild, repair, restore, or otherwise take action with regard to such damage or destruction. A quorum shall be necessary for any such decision in accordance with the provisions of paragraphs 3 and 5 of this Article and further, any such action shall be approved by the affirmative vote of not less than two- thirds (2/3) of the votes voted in person or by proxy at such meeting duly called for this purpose, written notice of which shall be sent to all Members not less than ten (10) days nor more than thirty (34) days in advance of the meeting. 27. WAiver of N911ce. If a majority -in -interest of all Members shall approve in writing any action of the Corporation, the notice requirements set forth in these covenants shall automatically be deemed satisfied regardless of any notice actually given or received. ARTICLE VI: PARTY WALLS 28. _Qeneral Rules of Law to ADDly. Each wall which is built as part of the original oonstruction of the office buildings upon the properties and placed on or immediately adjacent to the dividing line between the Lots owned by different persons shall constitute a party wall. To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligent or willful acts or omissions shall apply thereto. 29. Sharing of ]Kegair and Ma_intenance. The costs of reasonable repair and maintenance of a party wall shall be shared equally by the Owners whose Lots abut such wall. 30. Destruction by EiV or other C 1 . If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use, without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 7 JAN -19-1999 1455 HOLLAND 8 HfRT LLP 208 343 8865 P.09/14 regarding liability for negligent or willful acts or omissions. The word "use" as referred to herein means ownership of an office building or other structure which incorporates sucb wall or any part thereof. 31. Weath=roofin . Notwithstanding any other provision of this Article, an owner who, by his or her negligent or willful act, causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 32. Rigg to Contribute Runs with Land. The right of any owner to contribution from any other Owner under this Article shall he appurtenant to the land and shall pass to each such owner's successors in title. 33. Arbitration. Any dispute concerning a party wall or any provision of this Article shall be arbitrated. Each party shall choose one arbitrator, such arbitrators shall choose an additional arbitrator, and the decision shall be by a majority of all the arbitrators. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association. 34. Encroachments. If any portion of a party wall or other part of a building or structure now or hereafter constructed upon Said Property encroaches upon any pert of the Common Area or upon the Lot or Lots used or designated for use by another Lot owner, an easement for the enjoyment and for the maintenance of the same is granted and shall exist, and be binding upon the Declarant and all present and future owners of such encroaching building or structure for the purpose of occupying and maintaining the same. In the event a structure consisting of more than one office unit becomes partially or totally destroyed or in need of repair or replacement, mutual and reciprocal easements are granted and reserved upon the Common Area and in and upon each office building and Lot for such use as is necessary or advisable to make any required repairs and replacements. Minor encroachments resulting from any such repairs and/or replacements and the maintenance thereof are hereby granted and reserved for the benefit of the present and future Owners thereof. The easements for encroachment herein granted and reserved shall run with the lard. ARTICLE VU: ARCHITECTURAL CONTROL 35. Board Appal. No building, fence, wall, hedge, structure, addition, painting, improvement, obstruction, ornament, landscaping, or planting shall be placed upon, added to, or permitted to remain upon any part of Said Property unless a written request for approval thereof containing the plans and specifications therefor, including exterior scheme design, has been submitted and approved in writing by the Board of Directors of the Corporation and as required by any governmental agency. 36. City Approval. Each Owner is solely responsible for submitting a site plan to the City of Meridian for approval prior to the construction or installation of any DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 8 JAN-19-1999 14:55 1•CLLAND & HFRT LLP 208 343 8869 P.16114 i ! improvement to the property. In addition, each Owner shall be solely responsible for compliance with all federal, state, local, and municipal laws, codes, and regulations concerning any improvement on the property, including without limitation, those relating to health, safety, waste disposal, employment, permits, licenses, and taxes. 37. Declarant's Rese ation. Declarant reserves the right to construct office buildings and other improvements upon any Lot in said subdivision and to offer said Lots together with the completed improvements thereon for sale to individuals or entities. ARTICLE VIII: MAINTENANCE AND INSURANCE 38. Mainten ce of Common AMa. The Corporation shall maintain or provide for the maintenance of the Common Area. In particular, the Corporation shall provide exterior maintenance upon and for the Common Area. In the event that the need for such maintenance or repair is caused by the willful or negligent act or omission of the owner, his or her employees, tenants, guests, or invitees, the cost of such maintenance or repairs may, in the discretion of the Directors, be added to and become a part of the assessment against that Member's Lot, and a separate lien right shall arise and inure to the Corporation and shall be enforceable in the same manner as provided for in Section 7 of Article V, hereinabove. 39. interior and Exterior Main mance. Each Owner shall be responsible for maintaining and keeping in good order and repair the interior and exterior of his or her own office building. 40. InsuranceThe Corporation shall obtain fire and extended coverage insurance In an amount equal to 100% of the replacement cost of all insurable improvements located upon the Common Area, which insurance shall name, as an insured party, the Corporation for the benefit of the owners. The Corporation shall also obtain fidelity coverage insuring against dishonest gets on the part of its directors, officers, employees, managers, or volunteers responsible for handling funds collected and held for the benefit of the owners, which insurance shall name the Corporation as insured and shall be written in an amount of at least one and one-half (11A) times the Corporation's estimated annual expenses and reserves. The Corporation shall obtain comprehensive public liability insurance covering all of the Common Area, which insurance shall contain an endorsement precluding the insurer from denying the claim of an Owner because of a negligent act of the Corporation or other owners. ARTICLE IX: PROPER'T'Y USE RESTRICTIONS 41. General Use ResUkjians. The following restrictions shall be applicable to the Said Property and shall be for the benefit of and limitation upon, all present and future Owners of Said Property or any interest therein: DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 9 3AN-19-1999 1456 FDLLAND & HPRT LLP 293 343 8869 P.11i14 0 • a. Signs. Unless written approval is first obtained from the Board of Directors. no sign of any kind shall be displayed to the public view on any building or building site on Said Property except signs used by the Developer to advertise the property during the construction or marketing period. Any sign approved by the Board of Directors must comply with all applicable law and be approved by any state or local agency or municipality regulating such signs. It shall be the sole responsibility of Owners. to obtain all approvals required by this Section. b. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any part of Said Property. C. Waste. No part of Said Property shall be used or maintained as a dumping ground for rubbish, trash, garbage, or any other waste. No garbage, trash, or other waste shall be kept or maintained on any part of Said Property except in a sanitary container. d, offensive ConditionslNuisance. No noxious, offensive, or unsightly conditions shall be, permitted upon any part of Said Property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the subdivision. C. Parking. Parking any vehicle other than those used by an owner, or an owner's tenants, business invitees, or employees, shall not be allowed on any part of Said Property nor on public ways adjacent thereto. All other parking of equipment shall be prohibited except as approved in writing by the Board of Directors. f. Landscaping. No Owner shall remove or otherwise alter any plant or tree or any landscaping or improvement in any Common Area without the written consent of the Board of Directors. g. Buildings. No Owner shall use any Lot or any improvements thereon except as a general office building for the conduct of business. There shall not be erected or maintained on the Said Property any structure of any kind other than a single -story habitable building with additional attic storage space. ARTICLE X: EASEMENTS 42. Grant of Easements. All conveyances of any portion of the Said Property by the Declarant, and by all persons claiming by, through, or under the Declarant, shall be subject to the restrictions, conditions, and covenants set forth herein, whether or not the same be expressed in the instruments of conveyance. Each and every such instrument of conveyance shall likewise be deemed to grant and reserve, whether or not the same be declared therein, mutual and reciprocal easements over, across, and under all Common Area and over, across, and under all land situate within the perimeter of this subdivision. Any portion of Said Property which may now or hereafter be occupied by an office building shall not thereafter be subject to any of the following easements. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 10 JAW19-1999 14:56 H3LLAND 8 HART LLP 209 343 8869 P.12/14 Said easements shall be for the purpose of building, constructing, and maintaining thereon underground or concealed electric and telephone lines, gas, water, sewer, storm drainage lines, radio, or television cables, and other services now or hereafter commonly supplied by public utilities or municipal corporations. All of said easements shall be for the benefit of all present and future Owners of the property subjected to the jurisdiction of the Corporation by covenants and restrictions recorded and approved as hereinabove provided. Said easements, however, shall not be unrestricted, but shall be subject to reasonable rules and regulations governing rights of use as adopted from time to time by the Directors of the Corporation in the interests of securing maximum safe usage of Said Property without unduly infringing upon the rights of privacy of the Owner or occupant of any part of Said Property. (See also the easement for encroachments specified in Article VI.) A further mutual and reciprocal easement for sidewalk purposes is granted and reserved over and across the Common Area in the Said Property for the purpose of constructing, maintaining, and repairing sidewalks for the benefit of the Owners of Said Property, their tenants, and quests. The sidewalk easement shall be subject, however, to any rules and regulations reasonably restricting the right to use thereof for the safety and welfare of the public which may be promulgated from time to time by the Corporation and/or any public authority. ARTICLE XI: GENERAL PROVISIONS 43. Enfora,mentt- The Corporation, or any Owner shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this declaration. Failure by the Corporation, or by any owner, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 44. Attorneys F es. in the event suit is brought to enforce the covenants contained herein, the prevailing icy shall be entitled to recover a reasonable attorney's fee in addition to all other allowable costs. 45. Severability_. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect to the maximum permissible extent. 46. Terms of Restrictions and Amendments. These restrictions shall ran with the land described herein, and shall be binding upon the parties hereto and all successors in title or interest to said real property or any part theieof, until November 1, 2006, at which time said restrictions shall be automatically extended for successive periods of ten (10) years unless the Owner or Owners of the legal title to not less than two-thirds (213) of the platted subdivision, by an instrument or instruments in writing, duly signed and acknowledged by them, shall then terminate or amend said restrictions. Such termination or amendment shall become effective upon the filing of such instrument or instruments for record in the office of the Recorder of Ada County, Idaho, Such DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 11 JAN -19-1999 14:57 RX -LAND & HART LLP 208 343 61869 P.13114 instrument or instruments shall contain proper references by instrument number and date of recordation to the records of the plats and records of this declaration in which these Restrictive Covenants are set forth, and all amendments thereof. These covenants may be amended at any time upon the written assent of the Owners of legal title to not less than two-thirds (2/3) of the Lots in the platted subdivision. 47. No Right of Reversion. Nothing herein contained in this Declaration, or in any form of deed which may be used by Declarant, or its successors and assigns, in selling Said Property, or any pari thereof, shall be deemed to vest or reserve in the Corporation any right of reversion or re -entity for breach or violation of any one or more of the provisions hereof. 48. Benefit of Provisions -- W_ .a�iver• The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by Declarant, the Corporation, the Owner or Owners of any portion of Said Property, their heirs and assigns, and each of their legal representatives. Failure by Declarant, by the Corporation, or by any of the Owners or their legal representatives, heirs, successors, or assigns, to enforce any of such conditions, restrictions, or charges herein contained shall in no event be deemed a waiver of the right to do so. 49. Assignment by DeclaraiLt. Any or all sights, powers, and reservations of Declarant herein contained may be assigned to the Corporation or to any other individual corporation or association which is now organized or which may hereafter be organized and which will assume the duties of Declarant hereunder pertaining to the particular rights, powers, and reservations assigned. Upon any such individual corporation or association evidencing its intent in writing to accept such assignment and assume such duties, it shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. Subject to the foregoing, all rights of Declarant hereunder reserved or created shall be held and exercised by the Declarant alone so long as the Declarant owns any, interest in any portion of Said Property. SQ, might to Satisfy Obligations of the Corporation. In the event that the Corporation fails to pay any debt or sum lawfully owed by it, for which a lien has been placed against the Corporation's common property, or in the event that the Corporation fails to pay premiums due on insurance policies required by these covenants, the lapse of which would jeopardize a Mortgagee's security interest, or a Member's property, a Mortgagee or Member may pay said sum or premium after first having served five (5) days' written demand for such, payment on the Corporation. In the event that the Corporation has allowed said insurance policies to lapse, a Mortgagee whose security is jeopardized thereby or a Member whose property is jeopardized thereby may secure new comparable insurance coverage. In the event a Mortgagee or Member makes payments allowed hereunder, it shall be entitled to prompt reimbursement from the Corporation. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 12 JAM -19-1999 14:57 • HOLLAND & HART LLP L� 208 343 8869 P.14/14 IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of 1998. WOLFE COMNffiRCIAL ENTERPRISES, LLC By Graye H. Wolfe, Sr., Member STATE OF IDAHO ) ss: County of Ada On this day of , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared GRAYE H. WOLFE, SR. known to me to be the President of SCOTTSDALE SUBDIVISION and the person who executed the foregoing Declaration of Covenants, Conditions, and Restrictions of SCOTTSDALE SUBDIVISION, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Declaration first above -written. Notary Public for Idaho Residing in . Idaho My commission expires: soiss:0098394.04 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 13 TOTAL P.14 SCOTTSDALE SUBDIVISION 1• v 300' W. FRANKUN ROAD N. ] i c � m I {11 2 BLOCK 1 4 w BLoal ! POEN OR, In c mm OZ <:E FAD O< z U Z A 0� N F m c 01m O SZ �D Q{ z z0 A M x u �-- ;� m / r 0 I I I I I ,£L'fZ I. j N 00' 0 '0',f0 AO N 58_1 rf01 a W u � � m R N n cp r RG:022 mmuq N N p li�p�ms�mp o'sssss„ N�N�Aiya m� �o oN>PON�� U"_U'_uC�Noo mmfffs� CRESTWOOD ESTATES SUBDIVISION NO. 1 6,- 00E f-00E 01 = • N M 00 1� 10 �o 10 1 Im 11.00' 97: 55 a Ion I £z A �. UNPLATTED • a '1 ROS #4344I$�9D Z IF�1z + I-sZ o; jPAZ m�A S.W. 8th AVENUE No IJ`y N 00' 8.85' y, 89.00• _ � --127.50 _ m� m m m r " �i 0 g8 W N 8� S - F 710.00' 1788 -� "— .GG'9fL 3.10 .f0.00 5S FRANKLIN SQUARE SUBDIVISION _ _127.50' -- z E 265.00' 137.50' X05 00 00 co" US IA y 5.0 CO rd I17 yg D N 9 � a Sep t 0 �.X a m� 2 -m3s m . o N I gA W N i N N'DS At �Z�OwmSn >n p 7 CRESTWOOD ESTATES SUBDIVISION NO. 1 6,- 00E f-00E 01 = • N M 00 1� 10 �o 10 1 Im 11.00' 97: 55 a Ion I £z A �. UNPLATTED • a '1 ROS #4344I$�9D Z IF�1z + I-sZ o; jPAZ m�A S.W. 8th AVENUE No IJ`y N 00' 8.85' y, 89.00• _ � --127.50 _ m� m m m r " �i 0 g8 W N 8� S - F 710.00' 1788 -� "— .GG'9fL 3.10 .f0.00 5S FRANKLIN SQUARE SUBDIVISION _ _127.50' -- .gym E 265.00' 137.50' X05 ag"=. >S Ay n I 1m40'I � 2 I 92 RIRm woP 6�z ; 30" ' I00 rr`s .N 2 -m3s ti I IR 4m . o N I gA W N i .gym y �p X05 ag"=. >S Ay ToF.CC� i2io£FQ s 92 $ 6�z fn >�-go 9 -m3s > . o N I gA Disx126 N'DS At �Z�OwmSn >n p 7 zN 3 p"tm >�n soi i yssF 'zc1zo=ne1h rc m -- h k � tNo Z p 5 ggm r �0>8 .o> o- "_ Joao �m� A<�=Ip �� `5"= > �m�;m S� m �m m� 41 g0 ~y2-1 og o mo Qoz1'2n u5m O�Dm'iz- 1 5' QQzy� o • 0 LOT AREAS SCOTTS DALE SUBDIVISION W FRANKLIN ROAD L D I 1 Z 27496 SF Q, 1 I 11616 SF 2 I 9377 SF 6 SF 3 26� 4 22063 SF `BLOCK 2 ' 0 2 22500 SF i U) BLOCK 1 3 18024 SF 4 23878 SF 'IV 24917 O� 5 ' ��� 24917 SF 300 0 300 600 900 Feet �".RVE N MERIDIAN CITY LIMITS BOUNDARY w 3 F ZONE BOUNDARY (TYP) S CREST WOOD DR ;I 1 Q 2 V mC-G 3 R1 -E 4 of Ery UR 4 BRIGGS ENGINEERING, INC. QIGINEEPoNo BRIGGS INC. (208) 344-9700 1800 W. OVERLAND RD. BOISE, IDAHO 83705 FRANKLIN BARRETT ST FULMER CT 5 3 00 m PENNWOOD ST VICINITY MAP SCOTTSDALE SUBDIVISION NW 1/4 SECTION 13, T.3N., RAW., B.M. ADA COUNTY, IDAHO DESIGN DRAFT SCALE DATE DWG. NO, 8KB I V.= 300' 1 03/24/99 1 980202 REVISION SHEET 1 OF 1 \980202.APR i a wlry c QO M CRESTWOOD ESTATES `Il - S Z I SUBDIVISION NO. 1 j O n UI y I i O< I z Z> £L'> Z L j N 00' OS' 00" E 6y01 60 14 00 •,.� I` p x M ,£0 ,10.00 N 5& 10' M . oz os t. j \l "STfoT - ---0 �i-T 1 u -- N -- - g^ N y ,� jwl lmo• UNPLATTED tt O W '6', .9 .I a ROS X4344 I� L2 A O ^ I ` > • ,gi Z • tiw 1n z I Q x N a 89.00' + I 'm r y 'sZ 41 $ 1D INA A VI �/ ; •��'?�, ti0 s0rc11'oo_w$ S.W. 5th AVENUE as �g�0 c • i °0 P 97;65 �T N > m p RI Zr �' 4° -___ N 00.11' "E 265.00' __— m I O 5 Z 8.6w N 89.00' Iz7ao - 137.50' // I • > • i ` I Z> / N F m I I+ 40• i x _� N • i/ t O Ng W mttc `b•i A � .$ 9w 2'i A $?- J$ � N i & G.� O E 1 N♦ Z �, � �• a I Ioo•I g� b I -- -1-11.27- - 3-1.82'-----�178."_ - 127.50' 33 L31000_—---- --i ,cqu .10.tO.0S — \ u a 1 I JOY FRANKLIN SQUARE 2 y SUBDIVISION �.F ' I 1 1 8 0 0.• 0 I ' � F g s a 8 K_ F F�Y�$8SNP s N '' c i 1CYYt m> c 8888$$ sp o n "YR B r e o -3 o y g�-B L ct m = � m z c �58,�_. �a�P•'R 8 � a� � c m�-888 (0 a p > s g o amI^L"!4Vq-L o a . u �m T`'"l'liou4•� Q3e 7 5rm m a c -m o w v°ta ^aEf■ i$ J8pYoo ��_ �^ �, _ �4m ��';q i d art �+ a ? 7� x � m 8 $gg - .26 � ? C 0 8 g S B- m< o g9s �� >`5"� p f- L $� EGER 62 g dmf �� z�•I 4 o.rED Sz,. c '>� i> c S< 3A :1 �i �� cc dig Q 88 SS ; $>28 g agm� s'p > m Z 8 b i�"�o _� of i6g yt= 0'3 �'�c'A^ € n4 4 �� 4�b o< A$ g K aAPs^9 g �g1 I H `� Yv $cio Pm m �c Nei l ig 9s 2� Lnm"->� m= o s a p�S g� >?g � � �� � 4 g> 0�q 0ay 2 31 Fm m to as I'd 2 > zv�4a mgo g8sog>0 Z � Not9n a ;02!> > N /2 6-98 � 03:04P PIC, INC_ - _..•-• .x. O r= color. w..t lM Ie11awYM: Tide Fila No.: T1715 W ARR FOR VALUE 11EMVED ROBERT CHRISTENSEN ANO VERNA CHRISTENSEN. hushed and wlta 208 2880216 GRANTOR(s), dnesMn) har0by GRANT, 9ARGAIN, SELL a,d C014VEY urkn: CnAYF H. WC)t Fr. Sn., atxried mon dealing as his solo and separate Ixol,e,ly GRANTEES(sl, whose r:urrsnl address Ir. tfto following described real property In Ada Cowry, Storo 01 Idaho, macre perticulerty described as falbws, to mil: That portion of the Norli"ast %,after of Ill Nadlwasl quarter of Seclrtrn 13. Tnwraddp 3 Natth. Rargs 1 West. Buisa Maidon, Ada Crxmly, Idaho. dosaihed as lodowc: T76164 the earOnodn caner of Seclioua 11, 12, 13 and 14. TownEtgr 3 Norlh, Range 1 Waal, "Mise Merhlis,, a dislanos of 2838 leal on a bearing of South 891191 seat to the oaAM or stalmima, rhaarn South ■ distant! of 7ea.0 feet, thence Hoctlr 4S1S7' Neat, w diatanee of 186.0 feet.; rlrnae Nocth 0011m, Resat, a distals" of 141.0 (-.,Pro ttrot!R Barth 09.10' Went, a dlntanrwr of ISs.OS fa'ot: tbeace Nnrtb 71111' vest. a dlatance of 01.9 tact, tb. Lm worth 410112' Bast, a distance of 210.Oo feet: tlnrtisce BOuth 09142' Bast, s diOtanCe of 4,1.0 feat to the plj= or aeafWrtM . CXCBPTIN6 T9117.EFROH that portio, of said Lard deeded to !Mime Valley Ra;t—y Craspany in treed recorded February 11. 1911 to O60k lot of Deeds at Page 712, !scorch of Ada County, Idaho. ARO FVRTRER BXCEPrING that portion cxmveyed to the Ade oosaty Highway Diarrict by 1/ms"rant.y.treed lecotded duly at, 1997 as laatrraoent No. !7040680, rewards of Acta City. Idabo. TO !WAVE ANO TO HALO "O sold Imedaes, wish llaoir a,Mwtmaces umo Nee ssid Gfarnlee(sl. and G*antmN sl looks ed ssaigrrs lotover. Ald the said Gr-rla(sl does(do1 Iseeby covenm4 to and wills Ito said Gr-koels), Ilork G94111 -1s) islare the 9-neria In res skv%* or said prensises: that said Ixremises are free Iratl of mun ,,,dxarx:os. EXCEPT times ID YAdeh this cot%Manm is espremly made subject sold (hose !lode, suflered or r"to by Ilia Grantealsl; geld subject to reservaliors., lasaiWOm. dedcatione. resemems, dglds M way end pgreonanls.fil any1 of retard. and general 7sxes and assmsslrm Is. 6ncludrng Irrigation and utility aw4mme ts. 11 arnyt fox th Fels. which are not yet dun and payable, and that Grantot(sl wig warrant and doternd o Bra same burn all Iawtls gsrcrn claire whalroover. Dalod: "ba 21, 1997 J 1 U stab-t Chrfo leaten Vens CloristeneOn . -- - STATE OF Idsh, . Co a 1, at Ada .60. Cho Ilia day of Oc"m In 11x1�rter Of 1287, before ale, thw ura esdgnad. a Notary Public In mad free crab stela, p4raa,eBF apps -ed Rnlfel Christensen and Verne Ciristensen knawo a hI-Itaed to nae Is be tw pan -y where names are aalmoorbed to the whin bnawenrsnt. ed mdm..uwlwe 40 art AM they efegAad the seal. Nmaw. Noese6ee Baslau Reel" at Mannan My eosaMsWra ecphes, 4111 2M Transnation Title & Escrow, Inc. P_08 Al rm r � WARRANTY DEED For Value Received, Wolfe Commercial Enterprises. L.L.C., the GRANTOR, does hereby grant, bargain, sell and convey unto the ADA COUNTY HIGHWAY DISTRICT, a Body Politic and Corporate of the State of Idaho, whose address is 318 East 37th Street, Boise, Idaho 83714, the GRANTEE, the following described premises located in ADA County, Idaho, to -wit: A parcel of land located in the NE'/4 of the NW '/4 of Section 13, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the north'/4 corner of Section 13, T. 3N., R- 1W., B.M., thence S 00°04'01" E 40.00 feet to the south right of way of Franklin Road; Thence N 890400" W 155.50 feet along said south right-of-way of Franklin Road, to the POINT OF BEGINNING of this right-of-way; Thence N 89°49'00" W continuing along said south right of way 98.00 feet to a point; Thence S 44°49'00" E 28.28 feet to a point; Thence S 00°11'00" W 265.00 feet to a point; Thence S 89049'00" E 58.00 feet to a point; Thence N 00°11'00" E 265.00 feet to a point; Thence N 45°11'00" E 28.28 feet to the POINT OF BEGINNING of this right of way; This parcel contains 16,930 square feet (0.39 acres), more or less. Subject to any easements or rights-of-way of record or in use. TO HAVE AND TO HOLD the said premises with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said GRANTEE, that they are the owner in fee simple of said premises; that said premises are free from all encumbrances and that they will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, the Grantor(s) has/have caused this instrument to be executed by its duly authorized m er on this 1-1 day of '663MO' 1 FJEP- , 1998. H. Wolfe, Sr., Member A2 980202-ACHD ROW Alden Drive, Meridian lof 2 0 LEGAL DESCRIPTION FOR PROPOSED SCOTTSALE SUBDIVISION October 30, 1998 A parcel of land located in the NE % of the NW % of Section 13, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the north % corner of Section 13, T. 3N., R. 1W., B.M., thence S 0004'01" E 40.00 feet to a point on the south right-of-way of W. Franklin Road, the REAL POINT OF BEGINNING of this description; Thence N 89049'00° W 155.50 feet along said south right-of-way to a point; Thence S 45° 11'00" W 28.28 feet to a point; Thence S 0° 11'00" W 265.00 feet to a point; Thence N 89°49'00" W 195.85 feet to a point on the east boundary of Crest Wood Estates Subdivision No. 1, filed in Book 36 of Plats, at page 3060, records of the Ada County Recorder's Office; Thence S 9010'00" E 125.49 feet along said east boundary to a point; Thence S 0°05'00"W along said easterly boundary 58.10 feet to the northeast of Fenway Park No. 3 Subdivision, filed in Book 66 of Plats, at page 6890, records of the Ada County Recorder's Office; Thence S 0°04'03" E 124.73 feet along the east boundary of said Fenway Park No. 3 Subdivision to an angle point; Thence S 65051'33" E 386.92 feet along the northeasterly boundary of said Fenway Park No. 3 Subdivision and Fenway Park No. 2 Subdivision to a point on the west boundary of Franklin Square Subdivision, filed in Book 44 of Plats, at page 3587, records of the Ada County Recorder's Office; Thence N 0°04'01" W 748.77 feet along said west boundary to the REAL POINT OF BEGINNING of this description. This parcel contains 4.296 acres, more or less. Michael E. Marks, PLS No. 4998 0 OF��� 980202 -sub -legal -des ABL B.�►�' STATEMENTS OF COMPLIANCE SCOTTSDALE SUBDIVISION All proposed streets will be public and constructed to Ada County Highway District Standards. All right-of-ways will be 50 feet with a 36 -foot improved section and offset 5 - foot sidewalks on both sides. The proposed streets will meet the improvement standards set forth in the Meridian Zoning Ordinance or as specifically approved by the City Council. 2. The proposed commercial development is in compliance with the Meridian Comprehensive Plan. The plan designates the property as existing urban development. 3. The development is subject to the dimensional standards of the L-0 zone. All proposed commercial lots meet or exceed the standards for the zone. The development complies with the provisions of the Meridian Zoning Ordinance. 4. The final plat reflects existing easements and applicable utility, irrigation and drainage easements. 5. The street names on the final plat comply with the Ada County Street Name Committee review on the preliminary plat. The final plat for Scottsdale has been submitted to the Street Name Committee for a second review. 6. The final plat is in conformance with the approved preliminary plat and the conditions setforth by the City Council. 7. The final plat is in conformance with the acceptable engineering, architectural and surveying practices and local standards. 9 80202\statement-c om SUBDIVISION EVALUATION • EET Proposed Development Name SCOTTSDALE City Meridian Date Reviewed 11/19/98 Preliminary Stage XX Final Engineer/Developer. Briggs Engr. / Wolfe Commercial Enterprises LLC 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. ` "W. FRANKLIN ROAD" "S. W. 7TH AVE." "W. ALDEN DR." The portion of the proposed street intersecting with "W. FRANKLIN ROAD" is aligned to the north with "8THSTREET" and so shall be named "S.W. 8TH AVENUE " to the middle of lot 3 block 2 and lot 4 block 1. From this point on east the street will be named "W. ALDEN DR." u 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, AGEyG,Y REPRESENTATIVES OR DESIGNEES )) / / Ada County Engineer Ada Planning Assoc. City of Meridian Fire District Meridian John Priester Ann Hurley Representative Date /� Date 1 - Date 4Date 11-13- /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 fill Sub index Street Index 3N 1W 11 Section NUMBERING OF LOTS AND BLOCKS TR\SUBSMM aTY.FRM 0 0 BRIGGS ENGINEERING Inc. ENGINEERS/ PLANNERS/ SURVEYORS 1800 West Overland Road Boise, Idaho 83705-3142 Voice: (208) 344-9700 Fax: (208) 345-2950 E-mail: BEldaho@compuserve.com GROUNDWATER INFORMATION SCOTTSDALE SUBDIVISION Groundwater at the proposed Scottsdale Subdivision appears to be from 13 to 14 feet below natural grade. Attached are three test holes. Two of the test holes were dug June I' of this year for the Dreamland Care Center at the northwest corner of the site. Another was dug October 30`h, during the installation of the utilities in Alden Drive, to confirm water levels at the end of the irrigation season. With the major irrigation line being piped all around the site we do not anticipate any significant changes in this information. Based on the depth of water indicated, development of the area will not adversely affected by groundwater. Subsurface disposal for stormwater runoff is a suitable alternative given the soil strata and anticipated water level. It 980202-Scottdale 11/03/98-1 BRIGGS ENGINEERING, Inc. 1800 West Overland Road • Voice - (208) 344-9700 Boise, Idaho Fax - (208) 345-2950 E -Mail - BEidaho@compuserve.com EXPLORATORY TEST PIT LOG PROJECT # 980202 LOG M #1 - Northeast Corner PROJECT: Scottdale Subdivision DATE: June 1, 1998 DEPTH SOIL CLASS SOIL DESCRIPTION 0-24" Topsoil Dark Brown Silty to Clayey Soil 24-40" Silt Light Brown Silt 40-48" Caliche Light Brown to Tan Silt with Caliche 48-72" Silty Sand Light Brown Sand with Silt 72-84" Silty Gravel Reddish Brown Sand & Gravel with Silt 84-96" Gravel Light Brown to Tan Clean Sand & Gravel No Water Groundwater Elevation ( FT. ): 11/3/98 14, 1800 West Overland Road Voice - (208) 344-9700 Boise, Idaho Fax - (208) 345-2950 E -Mail - BEldaho@compuserve.com EXPLORATORY TEST PIT LOG PROJECT # 980202 LOG M #2 - Northwest Corner PROJECT: Scottsdale Subdivision DATE: June 1, 1998 DEPTH SOIL CLASS SOIL DESCRIPTION 0-18" Topsoil Dark Brown Silty to Clayey Soil 18-32" Silt Light Brown Silt 32-48" Caliche Light Brown to Tan Silt with Caliche 48-60" Silty Sand Light Brown Sand with Silt 60-73" Silty Gravel Reddish Brown Sand & Gravel with Silt 73-144" Gravel Light Brown to Tan Clean Sand & Gravel No Water Groundwater Elevation ( FT. ): 11/3/98 13 BRIGGS ENGINEERING. Inc. 0 1800 West Overland Road Boise, Idaho EXPLORATORY TEST PIT LOG PROJECT # 980202 LOG #: #3 - Absorption Bed Area PROJECT: Scottsdale Subdivision DATE: October 30, 1998 11/3/98 Void - (208) 344-9700 Fax - (208) 345-2950 E -Mail - BEidaho@compuserve.com DEPTH SOIL CLASS SOIL DESCRIPTION 0-20" Topsoil Dark Brown Silty to Clayey Soil 20-30" Silt Light Brown Silt 30-42" Caliche Light Brown to Tan Silt with Caliche 42-64" Silty Sand Light Brown Sand with Silt 64-72" Silty Gravel Reddish Brown Sand & Gravel with Silt 72-168" Gravel Light Brown to Tan Clean Sand & Gravel Water Found traces of water at the base on the hole (166") Groundwater Elevation ( FT. ): 13'-14' 0 • CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: )L.A.-1 �S i— The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: ITEM DESCRIPTION COMMENTS Thirty (30) copies of written application for approval as stipulated by the Council `�. Proof of current ownership of the real property in the proposed final plat and consent of recorded owners of the plat (warranty deed, signature sheet of final plat) L� A statement of conformance with the approved preliminary plat and meeting all requirements or ° conditions thereof A statement of conformance with all requirements and provisions of this Ordinance A statement of conformance with acceptable engineering, architectural and surveying practices and local standards Street name.approval letter from Ada County Three (3� copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements •acyl p d Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1"'= 300'). Include subdivision and street names, lot and block numbers only �"' C� FINAL SUBDIVISION PLAT CHECKLIST 9. Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name b. Year of platting C. Sectional location of plat - County d. North arrow e. Scale of plat (not smaller than 1" = 100') f. Streets and alleys with widths and bearings g. Street names h. Consecutive numbering of all lots in each block, and each block lettered or numbered i. Each and all lengths of the boundaries of each lot including curve table j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table k. Descriptions of survey monuments I. Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system m. Easements n. Basis of bearings o. Pertinent notes for easements, restrictions, designations, etc. p. Land Surveyor - signed `seal q, and Surveyor business name - City location Legend of symbols Minimum residential house size t. Adjacent platted subdivision names C�r Fee Paid -.5 Lots @ $10.00/Lot 11. Other Information as Requested by Administrator, City Engineer, -Planning & Zoning Commission, or City Council • Page 2 ✓ ✓ FINAL SUBDIVISION PLAT CHECKLIST Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles Planning & Zoning Administrator Gary D Smith P E City Engineer ACCEPTANCE DATE: ADDITIONAL INFORMATION NORMALLY REQUIRED BY THE CITY OF MERIDIAN: SQUARE FOOTAGE OF LOTS (82 x 11 SHEET) GROUND WATER REPORT - - ATTACHED TO PLANS DEVELOPMENT AGREEMENT (IF AVAILABLE) CC & R's (IF AVAILABLE) o�0D �M m 0 O O, Z � m. Z r1 E5 p wz m G) r r g D o cn Piin z o 0 v0 G) o o sO a�ao m ., m z r �' o gz 0 T_ U! 00 s rp N m0m W X 0 O O 0 • (p (O IgD ccp N W N O w h O 0 GS -202.2 PRIM ED IN U.S.A. CITY OF MERIDIAN "Hub of Treasure Valley" J� . 33 E. Idaho `(p 5 Meridian, Idaho 83642 J 888-4433 PNINTFO WITH SOYINK 'AL qU MERIDIAN CITY COUNCIL MEETING: JUNE 15, 1999 APPLICANT: WOLFE COMMERCIAL ENTERPRISES, INC. AGENDA ITEM NUMBER: 20 REQUEST: FINAL PLAT FOR SCOTTSDALE SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: REVIEWED CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 884-126.4 CHARLES ROUNTREE 33 EAST IDAHO PUBLIC WORKS GLENN BENTLEY BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) KEITH BIRD EN I2os> 887-2211 PLANNING AND ZONING DEPARTMENT MAY 17 1999 (208) 884-553.1 City of iN1eri:!ia:!a TRANSMITTAL TO AGENCIES FOR COMMENTS 0NitDEV`Lbp1VENT 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: June 8 1999 TRANSMITTAL DATE: May 14 1999 HEARING DATE: June 15 1999 FILE NUMBER: F13-99-o9i REQUEST: FINAL PLAT M LOCATION OF PROPERTY OR PROJECT: SOUTH OF FRANKLIN RD', WEST OF SOUTH WEST 7T" AVF TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z _THOMAS BARBEIRO, 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 __2LPOLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER _CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPART CITY OF MENT QQ=Q_ HQW= MERID (208) 884-_'6-I CHARLES ROUNTREE IAN .1 GLENN BENTLEY 33 EAST IDAHO R� � ��,f,0 P�ORKS MERIDIAN, IDAHO 83642 10 ART�IENT RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 ig� r� (� 1211 KEITH BIRD i )ri 1 2L AM AND ZONING City of 1dleriDEPARTMENT City Clerk Office 4 --3 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: June 8 1999 TRANSMITTAL DATE: May 14 1999 HEARING DATE: June 15 1999 FILE NUMBER: FP_QQ_mi REQUEST: M LOCATION OF PROPERTY OR PROJECT: SOUTH OF FRANKLIN RD & WEST OF SOUTH WEST 7T" AVF TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z _THOMAS BARBEIRO, 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 :X FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER _CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: lei a't�� Mayor ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Place to Live C0Mw1kMbM CHARLES ROUNTREE CITY OF MERIDIA LEGAL DEPARTMENT (208) 881-1261 GLENN BENTLEY RON ANDERSON ` 33 EAST IDAHO MERIDIAN, IDAHO 83642 PUBLIC PUBLIC WORKS G DEPARTMENT KEITH BIRD Phone (208) 888-4433 • Fax (208) 887-4813 a 11 PLANNING AND ZONING DEPARTMENT (208) 881-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECT WITH THE CITY OF MERIDIAN S 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: June 8 1999 TRANSMITTAL DATE: Mai 14 1999 HEARING DATE: June 15 1999 FILE NUMBER: FID -00-m-1 REQUEST: BY: WOLFE C SDA _E SUBDIVISION LOCATION OF PROPERTY OR PROJECT: SOUTH OF FRANKLIN RD & WEST OF SOUTH WEST 7TH Axil` _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z _THOMAS BARBEIRO, P/Z —BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER _CITY FILES MAY 2 1 1999 CITY ()F �TE R 1L -V MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMAR SUBDIVISION EVALUATION SHEET Proposed Development Name SCOTTSDALE Date Reviewed 05/20/99 City Meridian Preliminary Stage Engineer/Developer Brioas Fnnr IAI-IC- ^ _ Final XXXX The Street name comments listed below are made by the members of the AD NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in A COUNTY STREET 9 g accordance with the Boise City Street Name Ordinance. The above street name comments have been read and a representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in approved by the following agency approved. 9 order for the street names to be officially ADA COUNTY STREET NAME COMM7EEp AGE DESIGNEES N� REPRESENTATIVES OR Ada County Engineer John Priestje/' ,�DateAda Planning Assoc. Ann HurleyDate � `�City of MeridianRepresentaDate �— ZCj _ qFire District MeridianRepresenta/ Date NOTE: A copy of this evaluation sheet must be presented to the Ada CountyEngineer time of signing the "final plat", otherwise the plat will not be signed 1111 g neer at the Sub Index Street Index 3 1W 13 Section NUMBERING OF LOTS AND BLOCKS TRISUBSISM_CITY.FRM Lj i/ SUBDIVISION EVALUATION SHEET Proposed Development Name DEE JAY SUB Date Reviewed 05/20/99City Meridian Preliminary Stage XXX Final Engineer/Developer_JUB Enor i ic u -.—If The Street name comments listed below are made by the members of the ADA COU NAME COMMITTEE (under direction of the Ada County Engineer) regardingthis development in accordance with the Boise City Street Name Ordinance. COUNTY STREET 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 mus be secured by the representative or his designee in order for the street names to b t approved. a officially ADA COUNTY STREET NAME COMMIT E, AGENC EPRESENT DESIGNEES / ATIVES OR Ada County Engineer John Priester xL Date r Ada Planning Assoc. Ann Hurley."',. ��`�` Date City of Meridian Representative ateI � Fire District Meridian Representative S a _ ate C/ NOTE: A copy of this evaluation sheet must be presented to the Ada County time of signing the "final plat", otherwise the plat will not be signed !!!! Engineer at the — Subindex _ Street Index 3N 1 E 18 Section NUMBERING OF LOTS AND BLOCKS TRISUBSISM_CITY.FRM SUBDIVISION EVALUATION SHEET Proposed Development Name SCOTTSDALE City Date Reviewed Meridian 04/01/99 Preliminary Stage Final XX—XX---- Engineer/Developer 3riaas Fnn� � ���.«_ . _ The Street name comments listed below are made by the members of the AD NAME COMMITTEE (under direction of the Ada County Engineer) re ardin A COUNTY STREET accordance with the Boise City Street Name Ordinance. g g this development in TH 19'x;; The above street name comments have been read and approved by the representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signat9 agency be secured by the representative or his designee in order for the street names g res must approved. to be officially ADA COUNTY STREET NAME COMMITTEE, AGEN PRESENTAT DESIGNEES R/ES OR Ada County Engineer John Priester Date r- �Zc Ada Planning Assoc. Ann Hurley Date City of Meridian , Representative Datez�� Date �/- Fire District Meridian Representative ' NOTE: A copy of this evaluation sheet must be presented to the Ada County En time of signing the "final plat", otherwise the plat will not bg�neer at the Sub Index e signed 11!! Street Index 3N 1 W 13 Section NUMBERING OF LOTS AND BLOCKS TR%SUBSISM CITY.FRM AL C•• DI TRRCT C9CENT DEPARTMENT Rezone # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division iNA AV 0)L jP.(�a Conditional Use # Preliminary / Final / Sho rt Plat —Oa l� y A y — 0 ❑ 2. ❑ 3. ❑ 4. ❑ 5. ❑ 6. ❑ 7. J 1�8. CDHD 10/91 nh — xuot We have No Objections to this Proposal. We recommend Denial of this Proposal. Return to: ❑ Boise ❑ Eagle ❑ Garden City Meridian Kuna ❑ ACZ Specific knowledge as to the exact type of use must be provided before we can comment on this Pro osal. We will require more data concerning soil conditions on this Proposal before we can comment. P Before we can comment concerning individual sewage disposal, we will require more data concernin the d ❑ high seasonal ground water g epth of: ❑ or bedrock from original grade ❑waste flow characteristics ❑ other This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters surface waters. and/or This project shall be reviewed by the Idaho Department of Water Resources concerning well construction water availability. and After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ❑ community sewage system interim sewage central water ❑ community water well ❑ individual sewage individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Wel Division of Environmental Quality: fare, central sewage [r community sewage system ❑ sewage dry lines 4 central water ❑ community water 10. If. ❑ 12. ❑ 13. ❑ 14. Run-off is not to create a mosquito breeding problem. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewa e Regulations. g We will require plans be submitted for a plan review for any: ❑ food establishment ❑swimming pools or spas ❑ beverage establishment ❑ grocery store e c ✓•v i d3� ❑ child care center Date: Reviewed By:7f, Review Sheet L'HEALTH 0 E?AR TN1 ENT .r$ GCMG, cl r v,7reverrt acrd (real disease arrd diyctbriily; fu pranuxe lrealt/ry li�e�:yiq': and fu,7rotec: and prurnu(e fire Gertitir mrd ,1 ual; Jrtr envirafrrrrerrt. STORE MATER f--�,NAGEMENT RECOjNf-N ENDATIONS We recommend that stormLvater be pretreated through a grassy swale prior Co discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal J dest'gn moment a stormwater manag, P and System that is preventing groundwater and surface water degradation. �fanuals that could be used for guidance are: I) State Of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by tlhe Idaho Division Of Environmental Quality, July 1997. ?) Stormwater Best Management practices Guidebook. Prepared by City Of Boise Public Works Department, Jaauary 1997. Sla r fr: wafer /93:dty Szrvin, Ga!lev, Elmore, Boise, arid. -Ida Coundes Aec / 9oise County Office 7C7.,(. Arm:crg Pr, ACc•WrC SC.911119 Office Elmore Ccunr Office / /allay County ,. , ?Cr22.10127C4 i :C6 RCCer v 13.t.-.� 10 r - 3_Q:.13.1Ji:?,?fi�l. ,,t•tCe i�JN.I.1�e.er Ct:n: 7•i,..9 ph w,�•7,:: - -I. Ur!rCtrt Ff.m9.:0137647 O.:Cx ICCd P,.•r.�y arCrn.rC]• 7?i.7;t� c "': Efivirc. Aectt'.T, "IGC -'11; tQ. fr^rr•.ltrLc:'L',.7�1•i4,�, �1Ct:^ :di•�Qi ?h.C Z ..:1.13 lern. Nurnncn: 727.7:,yJ WIC. .'d7 -4G.:0 �::<�yJ •G1%4 ?< ;?7.7:?? Cj Parc: _d7•J5Z1 24 May 1999 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 SLS — 9 fin r9 CITY OF XLE" Re: FP -99-021 Final Plat for Scottsdale Subdivision Dear Mr. Berg: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District's Eightmile Lateral courses through the northeast comer of the above-mentioned proposed project. The District does not have a record of receiving a Land Use Change application or co ies Of the preliminary plat. A Land Use Change application must be completed sow p review for any encroachments and storm water retention. Once this has becan en completed, we can comment on the final plat. Sincerely, Qkir/•U` �Y'�o'� Bill Henson, Asst, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 19 Dean Briggs Briggs Engineering, Inc. 1800 W. Overland Road Boise, ID 83705 i 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Land Use Change Application — Scottsdale Subdivision Dear Mr. Briggs: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to a finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. If you have any questions concerning this matter, please feel free to call on John P. Anderson, Water Superintendent for the District, at the District's shop telephone number listed above. Sincerely, /6", �. ��� Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Assistant Water Superintendent Secretary/Treasurer Wolfe Commercial Enterprises, L.L.C. City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Q � N Wco co C LL � CCO o Cr) z ME U S31VIS3 3ldaSLLOC)S/30NdWVA 9t, - l, S94ON luau 000VM/£0 : ale(] 3 1� 6 6 Z ebssz : # �oayo - — Jest F% A — APPLICATION COMMENT SHEET Reviewed by:4C Date: S 1 Applicant: Project: Comments: �+ 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION FOR ) PRELIMINARY AND FINAL ) PLATS FOR SCOTTSDALE ) SUBDIVISION LOCATED ) SOUTH OF FRANKLIN RD & ) WEST OF SOUTH WEST 7th ) AVENUE, MERIDIAN, IDAHO) BY: BRIGGS ENGINEERING) STEVE ARNOLD ) CASE NO. TE -00-004 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE PRELIMINARY AND FINAL DEVELOPMENT PLAN This matter coming on regularly before the City Council on the 20"' day of June, 2000, upon the Applicant's time application for a one (1) year extension within which to submit the Preliminary and Final Development Plan as provided in Meridian City Code § 12-3-6 B, and good cause appearing: IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted a one (1) year extended period of time from June 2, 2000 within which to submit the Preliminary and Final Development Plan for the above entitled subdivision application. ORDER GRANTING A ONE (1) YEAR TIME — PAGE 1 OF 2 EXTENSION FOR FILING PSS MINARY AND FINAL DEVELOPMENT SCOTTSDALE SUBDIVISION - TE -00-004 0 By action of the City Council at its regular meeting on the Z0�— day of 2000. DATED this Z p_�%_ day of cz_T6v,_� .72000. 02e&L , or Robert D. Corrie Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. ►►i�'�► By: Dated: ity Clerk msg/Z:\Work\M\Meridian 15360M\Scottsdale FP\OrderGrantOneYrTimeExt _2fi�1!0 ORDER GRANTING A ONE (1) YEAR TIME — PAGE 2 OF 2 EXTENSION FOR FILING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS SCOTTSDALE SUBDIVISION - TE -00-004 S.a AL y. O rsr IS1 • ,t,U P ��t/ltNi re1►����,`, June 15, 2000 MERIDIAN CITY COUNCIL MEETING lune 20, 2000 TE 00-004 APPLICANT Briggs Engineering / Steve Arnold ITEM NO. 17 REQUEST Time Extension on the preliminary and final plats of Scottsdale Subdivision previously approved on June 14, 1999 AGENCY CITY CLERK: 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached letter OTHER: Materials presented at public meetings shall become property of the City of Meridian. BRIGGS ENGINEERING. Inc. ENGINEERS / PLANNERS / SUR1/EYORS June 2, 2000 Hand Delivered: Ms. Shari Stiles City of Meridian 200 E. Carlton Street, Suite 100 Meridian, Idaho 83642 Re: Scottsdale Subdivision (Time Extension) Dear Shari: 1800 West Overland Road Boise, Idaho 83705 — 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail briggs@micron.net TC- W--o0f- This is a formal request for a time extension on the preliminary and final plat of Scottsdale Subdivision. The City Council approved the final plat for Scottsdale Subdivision on June 14, 1999. We respectfully request placement of this item on Council agenda for their review and approval. Please call me if you have any questions. Sincerely, Steve Arno Z_ ILI Land Use Planner CC: project file 980202 scottsdaletimeext.sra O z Z_ N b h :L N r U O f P� 3 gj D.00 N)j 41 O dA- N a O� S A- * * i ..a. -z --us � N O . ry � r---_ m 0y 1 \ r q O i .o C ® �' Q \\\�\YA. ams $1 O Cl t� s� a -r \ \ iron , Sal Iri 6 h o I ers m �Q Q. \\ _ ✓ 1 �o•oo ry �oe s r�� Flo c� A C c;� ,n _ \ C, 3 W I .�oroo► -, �: ��' a f. .. 1 a N a .tiasxi� N 0.3e w s ,5,.ee �� 0 i,F= Cl o-1 a f OAwsot = �IS� v $ 1 �l O Z p b 1 ,sovot • • til 1 " °;oe e+ ,al• fw y h 3 .00AOAO N $1 1 to � 3 I �•` 0 � � � �� -1 � a� lgi S. 3 I;, �► � M .�os•\000. i W S 04�3 0� 1.Zh0� N 3 .M� N 1 155. ggo0,1 U) 1 w .ef9s 1� i N ��ostP o f M .saeo 5 �• 2 0 � 11 1� of eroQ IV- �1 __�9aJ 1�S0/_ i $O 30 #� r ►- CO 2m � a 3 0 jail 4 _ ., RECE AUG 0 4 1999 CITY OF ImEItW AN PLANNING & Z0NEN[' BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF WOLFE COMMERCIAL ENTERPRISES, LLC, FOR APPROVAL OF FINAL PLAT FOR SCOTTSDALE SUBDIVISION, SOUTH OF FRANIQ,IN RD & WEST OF SOUTH WEST 7th AVENUE, MERIDIAN, IDAHO FP -99-021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to § 11-9-604 H Municipal Code of the City of Meridian the 15th day of June, 1999, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Assistant to City Engineer, listing 5 General Comments and 9 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and Dean Briggs, appearing on behalf of the Applicant, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SCOTTSDALE SUBDIVISION - 1 IT IS HEREBY ORDERED THAT: 1. The Final Plat of "SCOTTSDALE SUBDIVISION' as evidenced in Plat bearing the job reference #980202 \ SCOT -PLT, BI<B 04/23/99, SHEET 1 OF 2, and stamped MAY 06 1999, BRIGGS ENGINEERING, INC., Consulting Engineers, WOLFE COMMERCIAL ENTERPRISES, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, dated June 14, 1999, listing 5 General Comments and 9 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A" and by this reference incorporated herein, with the additional requirements that: 1.1 Pursuant to City Council action taken at their June 15, 1999, meeting, that Staff comments in Site Specific Requirement number 1. the wording in the first sentence, "and through" shall be eliminated. 1.2 Fire Chief, Kenny Bowers, requires that all codes be met; that common lots will need to be kept clear of trash and weeds. 1.3 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SCOTTSDALE SUBDIVISION - 2 approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.3.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.3.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Worlcs Department, January 1997. 1.4 Nampa & Meridian Irrigation District noted that the Eightmile Lateral courses through the northeast corner of the project. The District does not have record of receiving a Land Use Change application or copies of the preliminary plat. A Land Use Change ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SCOTTSDALE SUBDIVISION - 3 I application must be completed so the District can review for any encroachments and storm water retention; that once completed the District would be able to comment on the final plat. The final plat upon which there is contained the Certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate performance bond has been issued guaranteeing the completion of off-site improvements. By action of the City Council at its regular meeting held on the �— day of 1999. =•: O.. Mayor,of • Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and attorney's office. By. Dated: City Cleric msg/Z:\Work\M\Meridian 15360M\Scottsdale FP\FPOrderApprove 6-ls-�?,� ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SCOTTSDALE SUBDIVISION - 4 ♦��` Orr SEAL -. *7 �CsT Vtivor ROBERT D. CORRIE council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 MEMORANDUM: To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator June 14, 1999 RECEIVED JUN i 14 19900 Cite of Meridian City Clerk Office Re: Request for Final Plat for SCOTTSDALE SUBDIVISION by Wolfe Commercial Enterprises, LLC — 8 Buildable Lots on 4.30 Acres in an L -O Zone We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 4. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9=606.B. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. SITE SPECIFIC REOUIREMETNS FP -99-021 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 Scottsdale.PP Mayor, Council and P&Z June 14, 1999 Page 2 Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 2. 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. 3. Two -hundred -fifty -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to be private, the Public Works Department, as part of the development plan review process, shall review plans and specifications. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be allowed as a backup source of water. If a single -point connection is utilized, the developer shall be responsible for payment of assessments for common areas prior to signature on the final plat. 5. Provide detailed plans of the common lot for review and approval. 6. A ten -foot width of the 20 -foot -wide planting strips adjacent to the residential uses will be required to be improved prior to applying for building permits. Provide a detailed landscape plan of all areas for review and approval prior to signature on the final plat. Construction of the entire landscape buffer will be required prior to obtaining certificates of occupancy. 7. Provide fencing adjacent to the residential use where none currently exists. Fencing to be installed prior to obtaining building permits. 8. Delete Note 11. As the rezone proposed a less intensive use than the previous R-15 zone, Council did not require a development agreement. 9. Please sign the Certificate of Owners and accompanying Acknowledgment. FP -99-021 Sconsdale.PP SUBDIVISION EVALUATION SHEET pC,-ErVEI) Proposed Development Name SCOTTSDALE City Meridian MA Date Reviewed 05/20/99 Preliminary Stage Final WWNTNCA & Z0NING Engineer/Developer Briggs Enqr. / Wolfe Commercial Enterprises LLC 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. "W. FRANKLIN ROAD" "S.W. 7"H AVE." °W. ALDEN DR." "S.W.8TH AVENUE" is approved and shall appear on the plat. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMI TEE, AGE,. REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester , �� i �� Date Ada Planning Assoc. City of Meridian Fire District Meridian Ann Hurle Represen Represen� Date 5 - Date Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index 3N, 1W 13 Section NUMBERING OF LOTS AND BLOCKS TR\SUBS\SM_CITY.FRM J"+-19-1'399 14=5: HULLHND K HW I LLI' ono 344 rscsb r. ems. 1 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SCOTTSDA.LE SUBDIVISION THIS DECLARATION, is made on the date hereinafter set forth by the undersigned, hereinafter referred to as "Declarant". RECITALS WHEREAS, Declarant is the owner of certain real property in the county of Ada, state of Idaho, hereinafter referred to as "Said Property," which property is more particularly described on Exhibit A attached hereto and, by this reference, incorporated herein as if set forth in full. NOW, THEREFORE, Declarant hereby declares that all of Said Property is, and shall be, held and conveyed upon and subject to the easements, conditions, covenants, restrictions, and reservations hereinafter get forth for the purposes of enhancing and protecting the value, desirability, and attractiveness of Said Property. Said easements, covenants, restrictions, conditions, and reservations (hereinafter, the "covenants") shall constitute covenants running with the land. These conditions, covenants, restrictions, easements, and reservations shall inure to the benefit of, and be limitations upon, all future owners of Said Property, or the owners of any portion thereof or interest therein. ARTICLE I: DEFINITIONS Whenever used in this Declaration, the following terms shall have the following meanings: I. "Board of Directors" and "Directors" shall mean the board of directors of the Corporation as herein defined. 2. "Common Area" shall mean all real property, and any appurtenances thereto, now or hereafter owned or maintained by the Corporation for the common use and enjoyment of the Members of the Corporation. The Common Area is to be owned or maintained by the Corporation for the common use and enjoyment of the Members of the Corporation. The Common Area shall include, without limitation: a. Lot 3, Block 2 as shown an the Preliminary Plat attached hereto as Exhibit B and, by this reference, incorporated herein as if set forth in full. Said lot shall be maintained by the Corporation for the Meridian City sewer lime access and maintenance; and b. A twenty-five foot landscaping setback on the Northern Boundary of the Said Property, adjacent to Franklin Road, as shown on the Preliminary Plat attached hereto as Exhibit B. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 1 .TFIW19-1W.-i 14.51 HULLHND & t -W I LUe_UQ J -+J ooa, r. ri.:,% 1-i C. The pressure irrigation easement and existing pressure irrigation stations and fixtures on Said Property as shown on the Preliminary Plat attached hereto as Exhibit B. 3. "Corporation" shall mean Scottsdale Subdivision Owners Corporation, a non-profit corporation, to be organized under the laws of the State of Idaho, and its successors and assigns. 4. "Said Property" shall mean and refer to that certain real property described in Exhibit A and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. 5. "Lot" shall mean and refer to any lot or parcel of land (hereinafter collectively "Lots") shown upon any recorded subdivision map of the property with the exception of the Common Area. 6. "Member" shall mean and refer to every person or entity who holds membership in the Corporation 1. "Owner" shall meant and refer to the record owner of a fee simple title to any Lot which is part of Said Property (including contract purchasers), whether one or more persons or entities, excluding those having such interest merely as security for the performance of an obligation. 8. "Declarant" or "Developer" shall mean and refer to the undersigned, and the successors, heirs, and assigns of the undersigned_ 9. "Mortgage" shall mean and refer to any mortgage or deed of trust. "Mortgagee" shall refer to the mortgagee under any mortgage or the grantee under any deed of trust. "Mortgagor" shall refer to the mortgagor under any mortgage or the grantor under any deed of trust. ARTICLE H: MEMBERSHIP 10. Membership Defined. Every person or entity who is an Owner shall, by virtue of such ownership, be a Member of the Corporation. When more than one person holds such interest in any Lot, all such persons as a group shall be a Member. In such a case, the group shall designate a single person or entity to speak for the getup on all matters upon which the vote of the Members shall be taken. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any such Lot subject to assessment by the Corporation. Such ownership shall be the sole qualification for membership, shall automatically commence upon a person becoming an Owner, and shall automatically terminate and lapse when such ownership in Said Property shall terminate or be transferred. The DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 2 crib J,+J 000Z Corporation shall maintain a current list of Members and may require written proof of any Member's Lot ownership interest. 11. Inspection of Corporate Books. The financial reports, books, and records of the Corporation may be examined, at reasonable times, by any Member or Mortgagee. ARTICLE III: VOTING RIGHTS 12. Membership Voting Rights. The Corporation shall have one class of voting membership_ Each Member shall be entitled to cast one vote as set forth herein for each square foot of the Said Property in which the Member holds the interest required for membership. The vote applicable to any portion of the Said Property being sold under contract of sale shall be exercised by the contract purchaser unless the contract expressly provides otherwise and the Corporation has been notified in writing of such provision. ARTICLE IV: PROPERTY RIGHTS 13. Common Property Oymershin. The Corporation Shall own, operate, control, and maintain the Common Area. 14. Members' Easements of Eniovment. Every Member of the Corporation shall have a right and easement of enjoyment of and to the Common Area, save and except patios adjacent to an Owner's Lot and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: a. The right of the Corporation to limit the number of Members permitted to use a particular part of the Common Area at any one time; b. The right of the Corporation to suspend any Member's voting rights for any period during which any assessment against said Member's property remains unpaid and for a period not to exceed thirty (30) days for each infraction of the Corporation's published rules and regulations; C. The right of the Corporation to dedicate or transfer all or any part Of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such condition or transfer shall be effective unless an instrument signed by Members entitled to cast two- thirds (2/3) of the majority of the votes of the membership has been recorded in the appropriate county deed records, agreeing to such dedication or transfer, and unless written notice of any proposed action has been sent to every Member not less than thirty (30) days, nor more than ninety (90) days, prior to the vote on such dedication or transfer; and DECLARATION OF COVENANTS, CONDITIONS, AND RESTRIC'T'IONS - 3 tA:Jby t, . e 14 d. The right of the Directors of the Corporation to promulgate reasonable rules and regulations governing such rights of use, from time to time, in the interest of securing maximum safe usage of such Common Area by the Members without unduly infringing upon the privacy or enjoyment of the owner or occupant of any part of Said Property. 15. Delegation --of Use, Any Member may delegate, in accordance with the Rules and Regulations adopted from time to time by the Directors, said Member's right or enjoyment to the Common Area and facilities to the Member's employees and tenants. ARTICLE V: MAINTENANCE ASSESSMENT AND MORTGAGEE E RIGHTS 16. Creation_ of the Lien and Personal Obligation of Assessments. The Declarant hereby covenants for all of Said Property to pay to the Corporation: (1) regular annual or other regular periodic assessments or charges and (2) special assessments for capital improvements, such as assessments to be fixed, established, and collected from time to time as hereinafter provided. In addition, each current or future Owner, by acceptance of a deed to any Lot, covenants to pay to the Corporation the same assessments. The regular and special assessments, together with such interest thereon and any costs of the collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with such interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time such assessment was levied. The obligation shall remain a lien on the property until paid or foreclosed, but shall not be a personal obligation of successors in title unless expressly assumed by them. 17. Pose of Assessments. The assessments levied by the corporation shall not be used for any purpose other than promoting the health, safety, and welfare of the Owners of Said Property. In particular, said assessments shall be used for the improvement and maintenance of Said Property, any Common Area, the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, and of the improvements situated upon Said Property and including, without being limited thereto, the payment of taxes and insurance on all or any part of Said Property. Subject to the above provisions, the Corporation shall determine the use of assessment proceeds. 1$. Basis and Maximum—Annual Assessments. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum regular assessment shall be S per square foot of Lot per year, payable in lawful money of the United States of America; a. From and after January i of the year immediately following the conveyance of the first Lot to an Owner, the maximum assessment may be increased by DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 4 JAW 19-1995 145,3 1-LLLRND & MK f LLP' c -U, 34.5 Ub/ 14 a vote of the Members, provided that any such increase shall be approved by the affirmative vote of not less than two-thirds (213) in interest of the votes of the Members of the Corporation voted in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. The Board of Directors shall notify the Members of any increase in the assessment at least thirty (30) days in advance of the commencement of the increase. b. In addition to the regular assessments authorized above, the Corporation may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair, or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided the assent of a two-thirds (2/3) majority of the votes represented by those Members who are voting in person or by proxy at the meeting duly called for this purpose is obtained, written notice of which meeting shall have been sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. 19. Uniform Rate of Assessments. Both regular assessments and any special assessments must be fixed at a uniform rate for each square foot of each Lot and may be collected on an annual, quarterly, or monthly basis in the discretion of the Directors_ 20. Quorum For Any Authorized Under Section 3. At the first meeting called, as provided in Section 3 of this Article, the presence at the meeting of Members or of proxies authorized to cast sixty percent (60%) of all votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Section 3 and there shall be no quorum required at such subsequent meeting. 21. Date of ommeneement of Annual Assessments: Due Dates. All Lots upon which buildings have been constructed shall be subject to the assessments provided for herein on the first day of the month following the date the Lot is conveyed to any Owner other than the Declarant. 22. Effect of Non2ayment of Assessments: Remedies of the Corporation. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent (1$%) per annum. The Secretary of the said Corporation may file in the office of the County Recorder, Ada County, Idaho, a lien reflecting the amount of any such charges or assessments, together with interest, as aforesaid, which have become delinquent with respect to any Lot on Said Property, and upon payment in full thereof, shall execute and file a property release of the lien releasing the same. The aggregate amount of such assessments, together with interest, costs, and expenses and a reasonable attorney's fee for the filing and DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 5 FULLAND 3 HWJ LLP 12uel J -41_s tZby r.LT(/14 enforcement thereof, shall constitute a lien on the whole Lot (including any improvement located thereon), with respect to which it is fixed from the date the lien is filed in the office of the said County Recorder for Ada County, Idaho, until the same has been paid or released as herein provided. Such lien may be enforced by said Corporation in the manner provided by law with respect to liens upon real property. The Owner of Said Property at the time said assessment is levied shall be personally liable for the expenses, costs, and disbursements, including attorney's fees of the Declarant or of the Corporation, as the case may be, of processing and, if necessary, enforcing such liens all of which expenses, costs, disbursements, and attorney's fees shall be secured by said lien, including all aforementioned expenses, costs, disbursements, and fees on appeal, and such Owner at the time such assessment is levied, shall also be liable for any deficiency remaining unpaid after any foreclosure sale. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or by abandonment of the Owner's improvements or Lot. 23. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be inferior, junior, and subordinate to the lien of all Mortgages and trust decds now or hereafter placed upon Said Property or any part thereof. The sale or transfer of any Lot or any other part of the Said Property shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any Mortgage, pursuant to a judgment or decree of foreclosure under such Mortgage or any proceeding under a power of sale established in any deed of trust, shall extinguish the lien of such assessments as to amounts thereof which became due prior to such sale or transfer. However, any such lien shall attach to the net proceeds of: sale, if any, remaining after such Mortgages and other prior liens and charges have been satisfied. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 24. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein; authority; a. All properties expressly dedicated to and accepted by a local public b. The Common Area; C. All other properties owned by the Corporation; and d. Any property owned by the Declarant prior to the time that the construction of improvements thereon is completed. 25. Corporation Budget. The Corporation shall prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair, and other common expenses for the Corporation's next calendar year and which shall be sufficient DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 6 JPo-F-19-1995 14.54 rULi�-IND & HW I L.LF �:66 sULAj 1-. U)bl 14 to pay all estimated expenses and outlays of the Corporation for the next calendar year growing out of or in connection with the maintenance and operation of the Common Area and improvements. Said budget may include, among other things, the costs of exterior maintenance, management, special assessments, fire, casualty and public liability insurance, common lighting, landscaping and care of grounds, repairs, renovations and paintings of Common Area, snow removal, wages, water charges, legal and accounting fees, management fees, expenses and liabilities incurred by the Corporation under or by reason of this Declaration, the payment of any deficit remaining from a previous period, and the creation of any reasonable contingency of other reserve or surplus funds, as well as all costs and expenses relating to the Common Area and improvements. 26. ReQair, etc. If any of the property located in the Common Area and/or improvements is damaged or destroyed, the Members shall, at a special meeting called for that purpose determine whether to rebuild, repair, restore, or otherwise take action with regard to such damage or destruction. A quorum shall be necessary for any such decision in accordance with the provisions of paragraphs 3 and 5 of this Article and further, any such action shall be approved by the affirmative vote of not less than two- thirds (2/3) of the votes voted in person or by proxy at such meeting duly called for this purpose, written notice of which shall be sent to all Members not less than ten (10) days nor more than thirty (30) days in advance of the meeting. 27. Waiver of Ngfice. If a majority -in -interest of all Members shall approve in writing any action of the Corporation, the notice requirements set forth in these covenants shall automatically be deemed satisfied regardless of any notice actually given or received. ARTICLE VI: PARTY WALLS 28. General Rules of Law to AnaLv. Each wall which is built as part of the Original construction of the office buildings upon the properties and placed on or immediately adjacent to the dividing line between the Lots owned by different persons shall constitute a party wall. To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligent or willful acts or omissions shall apply thereto. 29. Sharing of Repair and Mair<tenance. The costs of reasonable repair and maintenance of a party wall shall be shared equally by the Owners whose Lots abut such wall. 30. Destrugtion by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cosi of restoration thereof in proportion to such use, without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 7 regarding liability for negligent or willful acts or omissions. The word "use" as referred to herein means ownership of an office building or other structure which incorporates such wall or any part thereof. 31. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who, by his or her negligent or willful act, causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 32. Richt to Contribute Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to each such owner's successors in title. 33. Arbitration. Any dispute concerning a party wall or any provision of this Article shall be arbitrated. Each party shall choose one arbitrator, such arbitrators shall choose an additional arbitrator, and the decision shall be by a majority of all the arbitrators. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association. 34. Encroachments. If any portion of a party wall or other part of a building or structure now or hereafter constructed upon Said Property encroaches upon any part of the Common Area or upon the Lot or Lots used or designated for use by another Lot owner, an easement for the enjoyment and for the maintenance of the same is granted and shall exist, and be binding upon the Declarant and all present and future Owners of such encroaching building or structure for the purpose of occupying and maintaining the same. In the event a structure consisting of more than one office unit becomes partially or totally destroyed or in need of repair or replacement, mutual and reciprocal easements are granted and reserved upon the Common Area and in and upon each office building and Lot for such use as is necessary or advisable to make any required repairs and replacements. Minor encroachments resulting from any such repairs and/or replacements and the maintenance thereof are hereby granted and reserved for the benefit of the present and future Owners thereof. The easements for encroachment herein granted and reserved shall Tun with the laxed. ARTICLE VII: ARCHITECTURAL CONTROL 35, Board Approval. No building, fence, wall, hedge, structure, addition, painting, improvement, obstruction, ornament, landscaping, or planting shall be placed upon, added to, or permitted to remain upon any part of Said Property unless a written request for approval thereof containing the plans and specifications therefor, including exterior scheme design, has been submitted and approved in writing by the Board of Directors of the Corporation and as required by any governmental agency. 36. City Approval. Each Owner is solely responsible for submitting a site plan to the City of Meridian for approval prior to the construction or installation of any DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 8 improvement to the property. In addition, each Owner shall be solely responsible for compliance with all federal, state, local, and municipal laws, codes, and regulations concerning any improvement on the property, including without limitation, those relating to health, safety, waste disposal, employment, permits, licenses, and taxes. 37. Declarant's Rese ation. Declarant reserves the right to construct office buildings and other improvements upon any Lot in said subdivision and to offer said Lots together with the completed improvements thereon for sale to individuals or entities. ARTICLE VIII: MAINTENANCE AND INSURANCE 38. Maintenanf Common Area. The Corporation shall maintain or provide for the maintenance of the Common Area. In particular, the Corporation shall provide exterior maintenance upon and for the Common Area. In the event that the need for such maintenance or repair is caused by the willful or negligent act or omission of the owner, his or her employees, tenants, guests, or invitees, the cost of such maintenance or repairs may, in the discretion of the Directors, be added to and become a part of the assessment against that Member's Lot, and a separate lien right shall arise and inure to the Corporation and shall be enforceable in the same manner as provided for in Section 7 of Article V, hereinabove. 39. Interior and Exterior Maintenance. Each Owner shall be responsible for maintaining and keeping in good order and repair the interior and exterior of his or her own office building. 40. Insurance. The Corporation shall obtain fire and extended coverage insurance in an amount equal to 100% of the replacement cost of all insurable improvements located upon the Common Area, which insurance shall name, as an insured party, the Corporation for the benefit of the owners. The Corporation shall also obtain fidelity coverage insuring against dishonest acts on the part of its directors, officers, employees, managers, or volunteers responsible for handling funds collected and held for the benefit of the owners, which insurance shall name the Corporation as insured and shall be written in an amount of at least one and one-half (11/2) times the Corporation's estimated annual expenses and reserves. The Corporation shall obtain comprehensive public liability insurance covering all of the Common Area, which insurance shall contain an endorsement precluding the insurer from denying the claim of an Owner because of a negligent act of the Corporation or other owners. ARTICLE IX: PROPERTY USE RESTRICTIONS 41. General Use Rest ictions. The following restrictions shall be applicable to the Said Property and shall be for the benefit of and limitation upon, all present and future Owners of Said Property or any interest therein: DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 9 a. Signs. Unless written approval is first obtained from the Board of Directors. no sign of any kind shall be displayed to the public view on any building or building site on Said Property except signs used by the Developer to advertise the property during the construction or marketing period. Any sign approved by the Board of Directors must comply with all applicable law and be approved by any state or local agency or municipality regulating such signs. It shall be the sole responsibility of Owners. to obtain all approvals required by this Section. b. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any part of Said Property. C_ Waste. No part of Said Property shall be used or maintained as a dumping ground for rubbish, trash, garbage, or any other waste. No garbage, trash, or other waste shall be kept or maintained on any part of Said Property except in a sanitary container. d. Offensive Conditions/Nuisance. No noxious, offensive, or unsightly conditions shall be permitted upon any part of Said Property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the subdivision. C. Parking. Parking any vehicle other than those used by an owner, or an owner's tenants, business invitees, or employees, shall not be allowed on any part of Said Property nor on public ways adjacent thereto. All other parking of equipment shall be prohibited except as approved in writing by the Board of Directors. f. Landscaping. No Owner shall remove or otherwise alter any plant or tree or any landscaping or improvement in any Common Area without the written consent of the Board of Directors. g. Buildings. No Owner shall use any Lot or any improvements thereon except as a general office building for the conduct of business. There shall not be erected or maintained on the Said Property any structure of any kind other than a single -story habitable building with additional attic storage space. ARTICLE X: EASEMENTS 42. Grant pf Easements. All conveyances of any portion of the Said Property by the Declarant, and by all persons claiming by, through, or under the Declarant, shall be subject to the restrictions, conditions, and covenants set forth herein, whether or not the same be expressed in the instruments of conveyance. Each and every such instrument of conveyance shall likewise be deemed to grant and reserve, whether or not the same be declared therein, mutual and reciprocal easements over, across, and under all Common Area and over, across, and under all land situate within the perimeter of this subdivision. Any portion of Said Property which may now or hereafter be occupied by an office building shall not thereafter be subject to any of the following easements. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 10 Said easements shall be for the purpose of building, constructing, and maintaining thereon underground or concealed electric and telephone lines, gas, water, sewer, storm drainage lines, radio, or television cables, and other services now or hereafter commonly supplied by public utilities or municipal corporations. All of said easements shall be for the benefit of all present and future Owners of the property subjected to the jurisdiction of the Corporation by covenants and restrictions recorded and approved as hereinabove provided. Said easements, however, shall not be unrestricted, but shall be subject to reasonable rules and regulations governing rights of use as adopted from time to time by the Directors of the Corporation in the interests of securing maximum safe usage of Said Property without unduly infringing upon the rights of privacy of the Owner or occupant of any part of Said Property. (See also the easement for encroachments specified in Article VI.) A further mutual and reciprocal easement for sidewalk purposes is granted and reserved over and across the Common Area in the Said Property for the purpose of constructing, maintaining, and repairing sidewalks for the benefit of the Owners of Said Property, their tenants, and quests. The sidewalk easement shall be subject, however, to any rules and regulations reasonably restricting the right to use thereof for the safety and welfare of the public which way be promulgated from time to time by the Corporation and/or any public authority. ARTICLE XI; GENERAL PROVISIONS 43. Enforcement. The Corporation, or any Owner shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this declaration. Failure by the Corporation, or by any owner, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 44. Attorneys fizes. In the event suit is brought to enforce the covenants contained herein, the prevailing party shall be entitled to recover a reasonable attorney's fee in addition to all other allowable costs. 45. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect to the maximum permissible extent. 46. Terms of Restrictions and Amendments. These 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 real property or any part theieof, until November 1, 2006, at which time said restrictions shall be automatically extended for successive periods of ten (10) years unless the Owner or Owners of the legal title to not less than two-thirds (2/3) of the platted subdivision, by an instrument or instruments in writing, duly signed and acknowledged by them, shall then terminate or amend said restrictions. Such termination or amendment shall become effective upon the filing of such instrument or instruments for record in the office of the Recorder of Ada County, Idaho. Such DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 11 instrument or instruments shall contain proper references by instrument number and date of recordation to the records of the plats and records of this declaration in which these Restrictive Covenants are set forth, and all amendments thereof. These covenants may be amended at any time upon the written assent of the Owners of legal title to not less than two-thirds (213) of the Lots in the platted subdivision. 47. No rght of Reversion Nothing herein contained in this Declaration, or in any form of deed which may be used by Declarant, or its successors and assigns, in selling Said Property, or any part thereof, shall be deemed to vest or reserve in the Corporation any right of reversion or re-entry for breach or violation of any one or more of the provisions hereof. 48. Benefit of Provisions — Waiver. The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by Declarant, the Corporation, the Owner or Owners of any portion of Said Property, their heirs and assigns, and each of their legal representatives. Failure by Declarant, by the Corporation, or by any of the Owners or their legal representatives, heirs, successors, or assigns, to enforce any of such conditions, restrictions, or charges herein contained shall in no event be deemed a waiver of the right to do so. 49. Assignment by Declarant. Any or all rights, powers, and reservations of Declarant herein contained may be assigned to the Corporation or to any other individual corporation or association which is now organized or which may hereafter be organized and which will assume the duties of Declarant hereunder pertaining to the particular rights, powers, and reservations assigned. Upon any such individual corporation or association evidencing its intent in writing to accept such assignment and assume such duties, it shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. Subject to the foregoing, all rights of Declarant hereunder reserved or created shall be held and exercised by the Declarant alone so long as the Declarant owns any, interest in any portion of Said Property. 54. Right to Satisfy Obligations of the Corporation. In the event that the Corporation fails to pay any debt or sum lawfully owed by it, for which a lien has been placed against the Corporation's common property, or in the event that the Corporation fails to pay premiums due on insurance policies required by these covenants, the lapse of which would jeopardize a Mortgagee's security interest, or a Member's property, a Mortgagee or Member may pay said sum or premium after first having served five (5) days' written demand for such, payment on the Corporation. In the event that the Corporation has allowed said insurance policies to lapse, a Mortgagee whose security is jeopardized thereby or a Member whose property is jeopardized thereby may secure new comparable insurance coverage. In the event a Mortgagee or Member makes payments allowed hereunder, it shall be entitled to prompt reimbursement from the Corporation. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 12 1" IJLLHIVL & "HK I LLr cum, .;wr . 14i 11+ IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of 1998. WOLFE COMMERCIAL ENTERPRISES, LLC 0 STATE OF IDAHO ) ss: County of Ada ) Graye H. Wolfe, Sr., Member On this day of '1998, before me, the undersigned, a Notary Public in and for said State, personally appeared GRAYE H. WOLFE, SR. known to me to be the President of SCOTTSDALE SUBDIVISION and the person who executed the foregoing Declaration of Covenants, Conditions, and Restrictions of SCOTTSDALE SUBDIVISION, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Declaration first above-written- Notary Public for Idaho Residing in . Idaho My commission expires: soisi;:0099394.04 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 13 TOTAL P.14 4 SUBDIVISION EVALUATION SHEET Proposed Development Name SCOTTSDALE City Meridian Date Reviewed 11/19/98 Preliminary Stage XX Final Engineer/Developer. Briggs Enar. / Wolfe Commercial Enterprises LLC 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 existina street names shall appear on the plat "W. FRANKLIN ROAD" "S.W. 7T" AVE." ° "W. ALDEN DR." The portion of the proposed street intersecting with "W FRANKLIN ROAD" is aligned to north with "8TH STREET" and so shall be named "S.W.8TM AVENUE " to the middle of lot 3 block 2 and lot 4 block 1 From this Point on east the street will be named "W. ALDEN DR." 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 COMMI�,TEI�6,Y E, AGEREPRESENTATIVES OR DESIGNEES �) // // Ada County Engineer Ada Planning Assoc. City of Meridian Fire District Meridian John Priester Ann Hurley Representative Date II d Date i XP - Date I C- I S — 7 sate NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Subindex Street Index 3N 1W 13 Section NUMBERING OF LOTS AND BLOCKSjf,6f tzWjz/Wz // nMUBMSM gW.FRM '�L WARRANTY DEED For Value Received, Wolfe Commercial Enterprises LLC the GRANTOR, does hereby grant, bargain, sell and convey unto the ADA COUNTY HIGHWAY DISTRICT, a Body Politic and Corporate of the State of Idaho, whose address is 318 East 37th Street, Boise, Idaho 83714, the GRANTEE, the following described premises located in ADA County, Idaho, to -wit: A parcel of land located in the NE'/4 of the NW Y4 of Section 13, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the north t/4 corner of Section 13, T. 3N., R 1W., B.M., thence S 00°04'01" E 40.00 feet to the south right of way of Franklin Road; Thence N 89049'00" W 155.50 feet along said south right-of-way of Franklin Road, to the POINT OF BEGINNING of this right-of-way; Thence N 89°49'00" W continuing along said south right of way 98.00 feet to a point; Thence S 44049'00" E 28.28 feet to a point; Thence S 00°11'00" W 265.00 feet to a point; Thence S 89°49'00" E 58.00 feet to a point; Thence N 00°11'00" E 265.00 feet to a point; Thence N 45°11'00" E 28.28 feet to the POINT OF BEGINNING of this right of way; This parcel contains 16,930 square feet (0.39 acres), more or less. Subject to any easements or rights-of-way of record or in use. TO HAVE AND TO HOLD the said premises with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said GRANTEE, that they are the owner in fee simple of said premises; that said premises are free from all encumbrances and that they will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, the Grantor(s) has/have caused this instrument to be executed by its duly authorized mer on this 1-7 day of01 1 , 1998. H. Wolfe, Sr., Member 980202-ACHD ROW Alden Drive, Meridian lof 2 LEGAL DESCRIPTION FOR PROPOSED SCOTTSALE SUBDIVISION October 30, 1998 A parcel of land located in the NE % of the NW'/ of Section 13, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the north % corner of Section 13, T. 3N., R. 1W., B.M., thence S 0004'01" E 40.00 feet to a point on the south right-of-way of W. Franklin Road, the REAL POINT OF BEGINNING of this description; Thence N 89°49'00" W 155.50 feet along said south right-of-way to a point; Thence S 45011'00" W 28.28 feet to a point; Thence S 0011'00" W 265.00 feet to a point; Thence N 89°49'00" W 195.85 feet to a point on the east boundary of Crest Wood Estates Subdivision No. 1, filed in Book 36 of Plats, at page 3060, records of the Ada County Recorder's Office; Thence S 9°10'00" E 125.49 feet along said east boundary to a point; Thence S 0°05'00"W along said easterly boundary 58.10 feet to the northeast of Fenway Park No. 3 Subdivision, filed in Book 66 of Plats, at page 6890, records of the Ada County Recorder's Office; Thence S 0°04'03" E 124.73 feet along the east boundary of said Fenway Park No. 3 Subdivision to an angle point; Thence S 65°51'33" E 386.92 feet along the northeasterly boundary of said Fenway Park No. 3 Subdivision and Fenway Park No. 2 Subdivision to a point on the west boundary of Franklin Square Subdivision, filed in Book 44 of Plats, at page 3587, records of the Ada County Recorder's Office; Thence N 0°04'01" W 748.77 feet along said west boundary to the REAL POINT OF BEGINNING of this description. This parcel contains 4.296 acres, more or less. Michael E. Marks, PLS No. 4998 980202 -sub -legal -des G STATEMENTS OF COMPLIANCE SCOTTSDALE SUBDIVISION 1. All proposed streets will be public and constructed to Ada County Highway District Standards. All right-of-ways will be 50 feet with a 36 -foot improved section and offset 5 - foot sidewalks on both sides. The proposed streets will meet the improvement standards set forth in the Meridian Zoning Ordinance or as specifically approved by the City Council. 2. The proposed commercial development is in compliance with the Meridian Comprehensive Plan. The plan designates the property as existing urban development. 3. The development is subject to the dimensional standards of the L-0 zone. All proposed commercial lots meet or exceed the standards for the zone. The development complies with the provisions of the Meridian Zoning Ordinance. 4. The final plat reflects existing easements and applicable utility, irrigation and drainage easements. 5. The street names on the final plat comply with the Ada County Street Name Committee review on the preliminary plat. The final plat for Scottsdale has been submitted to the Street Name Committee for a second review. 6. The final plat is in conformance with the approved preliminary plat and the conditions setforth by the City Council. 7. The final plat is in conformance with the acceptable engineering, architectural and surveying practices and local standards. 980202\statement-com 208 2880216 i1.• .NYa.�.t �,� h4ve Ir.il ...1 yt••w..111w IrAawkN: Tide Fie No.: T$7.4592.5 FOR VALUE RECEIVE0 ANTY ROBERT CHRISFENSEN AND VERNA CHRISTENSEN. hlrstovW od Mb GRANTOR(st, doos(dol harehy GRANT. BARGAIN. SELL mrd CONVEY uotn: CnAYF H. V40t FF. SR., i arorcd man denfing as his sob end sgrarale tvotra.ly GRANTEES(sl. -home rananl -ki-.n k: tiro fdlowino d4aalbod real property in Ade Caunry, Stalo of Idaho, more particularly described as fdbws, to wil: Thnt poriron of the Nrwlltottet r4lrolw of 11" NwIfle est quota of Soclmn 13. Tnwradiip 3 North. Rrarga 1 West. &ifs. Meriden, Ada CrArnly. tdalw. described as fo9ows: Frau the com"a" Oalrtar of Secth-A 11, 12, 13 and 14. Township 3 North, Range I Wool. fkiiao Ma klomi, a disnrtca of 2639 bel on a baerip of South 99'49' eaaL to Lh* PLAC7t Op alW[WRNCr tltanre South a distance of 704.9 feetr thence No cth ds'S7• vest, it dintaace of tas.e feet. rlwnce Noct.h 00 -OS' Rant. a diatanrw of 141.4 (pato three. Nt•ctlt 49'10' that. ■ dixtmr of 1S2.4S (!•rt: thence North 23'11• VMC. a diet:Arlce of 44.9 fe.rtr tbanca Worth 00.12' 6Ast, a dlatance of 21a.0o feet; ptenco south 49'42' Ifaet, a distance of 411.0 (eat to the pIJ10E op HaU(1a((N0. CECRPTIN0 TRIZEFRON that poctlori of maid land deeded to raise Valley as/natty CY'RAny in Deed recorded vebr xy t). 121) in Hook loo of oeede at lege 229, t=corda of ltd' County. Idatto. ANO FlatMOR UMPTIt10 that portion Lvnveyed to the Ada Oounty Highway oist.cict by Water—Ly.beW Lecotded drily )1, 1997 as Inetrutent No. 97040490, records of Ada County, Idabo. TO HAVE ANO TO NOLO the add prand3es, with rlsrir grptwtenances unto flee said Granlee(sl. card Grentratf4l larks slid rasions (orever. Aid live menu Crodm(e) doaaldol hereby Lvvenant to and wilt tho said Grslrtoels). tlmt Gaattails) Ware 1110 o9rnwig) In fes SknIde of Said Irentises; that said prsldses are free batt 4d t . mdwatices, EXCEPT glass to vAddt thio cmwcyanab is gm-- sly nada subject raid (host: Inede, suffered or tknie by the Grenteelf4. recd sub*l to relatvaliors. resniatiorts, dedications, aosamenl s riglRs M wiry and egreanarru.tir anyl of record, and general taxes midi a:awairmtetta. findudang krigMion sld Ul ily sarwis wn.s, II anyl free the Ctarad year, whIch are tat yet diet and payebta, and Iltat Grantor(s) inti warrant rad defend fire some burn a4 to (4A ciskne whalsoover. Oared: 07 bar 21, 1997 J l V ,e Robert Cluielan an Varmm Chfslartsen ..- STATE OF Moh. , County al Ade .42. Cir this My of derobr In "ATTssr al 1997. Mon ate, the vndwmigrmd, 4 Notsry Prober 1. and I- void state. posy our appasm d Nnbett CMstensen and t/ertla Otriatanea kromyi a kwu*W 1. owe to be "m pslaan whose mantes ere odwerbed to 'be "Id* t kravrntaatl, awd mcknealadgwl 10 rite Oral AAT 096MA8e the what. Sirtskse: M.W. I!-- gem amts. Il.4l" at M"Ids.n My coca holrlm ompkes: llfl2fat Transnation Title & Escrow, Inc. P_O8 Al LOT AREAS SCOTTSDALE SUBDIVISION W. FRANKLIN ROAD N w 1 D Z W I 27496 SF Q 00 i 2 22500 SF 3 V) BLOCK 1 1 i 3 11616 SF 18024 SF 2 I 9377 SF SF 3 4 266 I 23878 SF 4 I 22063 SF 9 BLOCK 2 S 24917 SF �J REQUEST FOR SUBDIVISION APPROVAL FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: PCG. nay iz < * FP -111-07-1 A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Scottsdale Subdivision 2. General Location: South side of West Franklin Road (Near Dreamland DU Care) 3. Owners of record: Wolfe Commercial Enterprises LLC Address: 1409 E. I' St., Meridian, Idaho Zip 83642 Telephone 288-0100 4. Applicant: Wolfe Commercial Enterprises LLC Address: 1409 E. I' St., Meridian, Idaho , Zip 83642 Telephone 288-0100 5. Engineer, Dean Briggs _ Firm Briggs En ing eeriniz, Inc. Address, 1800 W. Overland Road, Boise, ID Zip 83705 Telephone 344-9700 6. Name and address to receive City billings - Name: Wolfe Commercial Enterprises, LLC Address 1409 E. Is` St., Meridian, Idaho Telephone 288-0100 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 4.30 Acres 2. Number of building lots: 8 3. Number of other lots: 1 4. Gross density per acre: 2.09 5. Net density per acre: 1.86 6. Zoning Classification(s): Existing L -O 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? Not Applicable 8. Does the plat border a potential green belt? No 9. Have recreational easements been provided for? No 10. Are there proposed recreational amenities to the City? No Explain 11. Are there proposed dedications of common areas? No Explain For future parks? Explain 980202\SUBA PPL -MER -final (1) 12. What school(s) service the area? Not applicable , do you propose any agreements for future school sites? No , Explain 13. Are there any other proposed amenities to the City? , Explain Central Water Fire Hydrants and Central Sewer 14. Type of Building (Residential, Commercial, Industrial or combination): Commercial 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): Professional Office Building 16. Proposed Development features: a. Minimum square footage of lot(s): Approximately 11,000 to 27,000 + Sq. Ft. b. Minimum square footage of structure(s): unknown C. Are garages provided for? No Square footage: N/A d. Has landscaping been provided for: Yes , Describe 25 -foot landscape buffer adjoining Franklin Road e. Will trees be provided for? Yes , Will trees be maintained ? Homeowner's Association f. Are sprinkler systems provided for? In landscape buffers by developer g. Are there multiple units ? Yes , Type: Commercial Remarks: h. Are there special set back requirements ? No Explain: i. Has off street parking been provided for ? Yes Explain: Concept plan on plat allows for 1 parkin space pace per 400 sq ft of building j. Value range of property: N/A k. Type of financing for development: Conventional 1. Were protective covenants submitted? Yes , Date: Attached 17. Does the proposal land lock other property? No Does it create Enclaves? No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. 980202\SUBAPPL-MER-final (2) I I 4 N I c i� a 0 m CRESTWOOD ESTATES !� �� Z I SUBDIVISION NO. 1 I �� yD I I U p< I z I Z T t 61'SZ1 N I Z> fL'tiZL I N 00' 05' 00" E M 00 ,000 I` p A M "CO ,10 .00 N 58.10' AL p6�T, ---- �� - - If) r----- _--rz------ « _J. �y UNPLATTED I$�� IROS j4344 i54 > i n I , 'ci 2 la�71 4 &66 66.00' N INA Z 4 4� 7a, u w A N / p �� ?rf •C� s a�B1 DO w ��n S.W. 8th AVENUE Nc t�� D 65m Ol m , �' N 00'11 1 0" E 265.00' at. i D 5 Z ' `' &65'" 60.06' ---'�z��--- - i».w:--- m y 0-( m� z 0.y TI 'm i Z A N F -! m m ( Im 40' I (A °°� n N u� J �p� .Im P4 I S '------- ----------------------------------------------------- ----- -- - --------- ---- o� ;.0x• n&s6 i6�_so--------- ,LL'BYL 3 "l0 .10.00 S 11 i .5r FRANKLIN SQUARE A 7 SUBDIVISION I I I i Y�<:88SvP � � � � � �3• � � � T 0 o C) 1-3 d o z o idn o n R .Y N o c In Am d 4cy� m Z a > a � n m zzzag a 0 cn 0 m y NYa$wgfyg _ �. z Z 0 Yyy2� € ->q ra" zepoN € ngy bBo mm zi ggigs' '21 VGA vE 16�� i Rs d t9 s= goo "R o so o 019 81 20 1am z No b4i eICc—nggQ 8�8 � gzR� + - r— m�1 3 y§m m go g ��� i o >2b2, zz` - � g _�s0 - 08 amg 39 10 >o ��zcF q�H 8 m 8~ 21 MIG �€F i5$ mgr m00 0 m g r b �� c 4 1 t^nz g> ynm"oo COD m N`. �q;� gm � c �p� i M_r„r [g 'a co Dm cco g0mR 1:4 C002 2z9ggi b 0 5' o Cn N F. fl� Ho ib �0 N • SCOTTSDALE SUBDIVISION /' - 300' W. IRANKUN ROAD 2 BLOCK 1 BLOCK 2 �0QN CIT ENTRAL DISTRICT HEALTH DEPARTMENT MAIN OFFICE - 707 N. ARMSTRONG PL. - BOISE, ID 83704-0825 - (208) 375-5211 - FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. CIIIIIIIMIMI December 29, 2000 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE, ID 83702 RE: Scottsdale Subdivision Dear Mr. Navarro: JAM - 2 2181 Central District Health Department, Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on December 29, 2000. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, Michael C. Reas Environmental Health Specialist cc: Department of Housing and Urban Development City of Meridian Wolfe Commercial Enterprise, LLC Briggs Engineering, Inc. MR:bm Ada / Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office 1606 Robert St. Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 r ** TX CONFIRMATION REPORT ** AS OF JAN 02 '01 17 19 PAGE.01 CITY OF MERIDIAN CENTRAL �• DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N, ARMSTRONG PL. BOISE ID 83704-0825 • (208) 375-5211 - FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect andpromote the health and quality of our enviran,rrcnt. 00-0859 December 29, 2000 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE, ID 83702 RE: Scottsdale Subdivision Dear Mr. Navarro: MCiED JAN -22001 COOFrERIM Central District Health Department, Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on December 29, 2000. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, e - ae'- Michael C. Reas Environmental Health Specialist cc: Department of Housing and Urban Development City of Meridian Wolfe Commercial Enterprise, LLC Briggs Engineering, Inc. MR:bm Ado / Bolse county Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Heoitnr.327.7499 FaMlly Plonning: 327-7400 Immunizations: 327-7450 Senlor Nutrition: 327-7460 WIC�327.7488 FAX: 327.8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC 8a1e11Ro Office 1606 Robert St. Boise- ID 83705 Ph. 334-.3355 FAX: 334.3355 Elmore county Ofnce 520 E. 8th Street N. Mountoln Home, ID $3647 Enviro. Health: 587.9225 Family Health: 587.4407 WIC: 587.4409 FAX: $87-3521 valley County Office 703 N. 1st Street P.O. Box 1448 McColl, ID 83638 Ph, 634.7194 FAX: 634-2174 DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 20 01/02 17:15 PUBLIC WORKS OF --S 00'13" 001 079 OK 21 01/02 17:16 LEGAL DEPARTMENT EC --S 00'28" 001 079 OK 22 01/02 17:1? 8841159 EC --S 00'23" 001 079 OK 23 01/02 17:18 2088840744 EC --S 00'22" 001 079 OK 24 01/02 17:19 208 868 6854 EC --S 00'23" 001 079 OK CENTRAL �• DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N, ARMSTRONG PL. BOISE ID 83704-0825 • (208) 375-5211 - FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect andpromote the health and quality of our enviran,rrcnt. 00-0859 December 29, 2000 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE, ID 83702 RE: Scottsdale Subdivision Dear Mr. Navarro: MCiED JAN -22001 COOFrERIM Central District Health Department, Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on December 29, 2000. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, e - ae'- Michael C. Reas Environmental Health Specialist cc: Department of Housing and Urban Development City of Meridian Wolfe Commercial Enterprise, LLC Briggs Engineering, Inc. MR:bm Ado / Bolse county Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Heoitnr.327.7499 FaMlly Plonning: 327-7400 Immunizations: 327-7450 Senlor Nutrition: 327-7460 WIC�327.7488 FAX: 327.8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC 8a1e11Ro Office 1606 Robert St. Boise- ID 83705 Ph. 334-.3355 FAX: 334.3355 Elmore county Ofnce 520 E. 8th Street N. Mountoln Home, ID $3647 Enviro. Health: 587.9225 Family Health: 587.4407 WIC: 587.4409 FAX: $87-3521 valley County Office 703 N. 1st Street P.O. Box 1448 McColl, ID 83638 Ph, 634.7194 FAX: 634-2174 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF WOLFE COMMERCIAL ENTERPRISES, LLC, FOR APPROVAL OF FINAL PLAT FOR SCOTTSDALE SUBDIVISION, SOUTH OF FRANKLIN RD & WEST OF SOUTH WEST 7th AVENUE, MERIDIAN, IDAHO FP -99-021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to § 11-9-604 H Municipal Code of the City of Meridian the 15th day of June, 1999, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Assistant to City Engineer, listing 5 General Comments and 9 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and Dean Briggs, appearing on behalf of the Applicant, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SCOTTSDALE SUBDIVISION - 1 IT IS HEREBY ORDERED THAT: 1. The Final Plat of "SCOTTSDALE SUBDIVISION' as evidenced in Plat bearing the job reference #980202 \ SCOT -PLT, BKB 04/23/99, SHEET 1 OF 2, and stamped MAY 06 1999, BRIGGS ENGINEERING, INC., Consulting Engineers, WOLFE COMMERCIAL ENTERPRISES, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, dated June 14, 1999, listing 5 General Comments and 9 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A" and by this reference incorporated herein, with the additional requirements that: 1.1 Pursuant to City Council action talcen at their June 15, 1999, meeting, that Staff comments in Site Specific Requirement number 1. the wording in the first sentence, "and through" shall be eliminated. 1.2 Fire Chief, Kenny Bowers, requires that all codes be met; that common lots will need to be kept clear of trash and weeds. 1.3 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SCOTTSDALE SUBDIVISION - 2 approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.3.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.3.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. 1.4 Nampa & Meridian Irrigation District noted that the Eightmile Lateral courses through the northeast comer of the project. The District does not have record of receiving a Land Use Change application or copies of the preliminary plat. A Land Use Change ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SCOTTSDALE SUBDIVISION - 3 2. application must be completed so the District can review for any encroachments and storm water retention; that once completed the District would be able to comment on the final plat. The final plat upon which there is contained the Certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate performance bond has been issued guaranteeing the completion of off-site improvements. By action of the City Council at its regular meeting held on the %574= day of ;Z2- , 1999. .,;,;ERT-D-CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and attorney's office. By Dated: City Cleric msg/Z:\Work\M\Meridian 15360M\Scottsdale FP\FPOrderApprove ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SCOTTSDALE SUBDIVISION - 4 of ,���,t�,aatvaa rf+r�aaaaaayfrrf Ile � � M SEAL �`f'�i�© �r 1ST • 1 `'"�„.� rr".arrx� �Nhaaal rasa►a��� HUB OF TREASURE VALLEY Mayor A Good Place to Live ^ ROBERT D. CORR[E 't' �C 1 Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642�O RON ANDERSON Phone (208) 888-4433 - Fax (208) 887-4813 KEITH BIRD June 14, 1999 MEMORANDUM: To: Mayor, City Council, Planning Zoning RECEIVED JUN 14 191-09 From: Bruce Freckleton, Assistant to City Engineer Citi. of Meridian Shari Stiles, P&Z Administrator City Clerk Office Re: Request for Final Plat for SCOTTSDALE SUBDIVISION by Wolfe Commercial Enterprises, LLC — 8 Buildable Lots on 4.30 Acres in an L -O Zone We have reviewed this submittal and offer t following full,ounlesstexpressly conditions modifiedtor application. These conditions shall be considered deleted by motion of the Meridian City Council: GENERAL REQOIREMENTS 1, Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, r lateralblic users associatiorks Department. with written confirmation of said approval submitted to 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 4. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. SITE SPECIFIC REQUIREMETNS 1. 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 scottsdalePP FP -99-021 Mayor, Council and P&Z June 14, 1999 Page 2 Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 2. 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. 3. Two -hundred -fifty -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to be private, the Public Works Department, as part of the development plan review process, shall review plans an rid specifications. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be allowed as a backup source of water. If a single-point for connection areas prior ori to signatured, the eeonhhe be responsible for payment of assessor final plat. 5. Provide detailed plans of the common lot for review and approval. 6. A ten -foot width of the 20 -foot -wide planting strips adjacent to the residential uses will be required to be improved prior to applying for building permits. Provide a detailed landscape plan of all areas for review and approval prior to signature on the final plat. Construction of the entire landscape buffer will be required prior to obtaining certificates of occupancy. 7. Provide fencing adjacent to the residential use where none currently exists. Fencing to be installed prior to obtaining building permits. g. Delete Note 11. As the rezone proposed a less intensive use than the previous R-15 zone, Council did not require a development agreement. 9. Please sign the Certificate of Owners and accompanying Acknowledgment. Scaudak_PP FP -99-021 SUBDIVISION EVALUATION SHEET PcErvEj) Proposed Development Name SCOTTSDALE City Meridian MA ;C lTY iot . 11 DIAN Date Reviewed 05/20/99 Preliminary Stage Final ' ZU & zG,NL ING Engineer/Developer Briggs Engr. / Wolfe Commercial Enterprises LLC 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 "W. FRANKLIN ROAD" "S.W. 7T" AVE." "W. ALDEN DR." "S W 8TH AVENUE" is approved and shall appear on the plat The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMIJ�TEE, AGE , REPRESENTATIVES OR DESIGNEES / / i Jew Ada County Engineer John Priester Date � Ada Planning Assoc. Ann Hurley Date City of Meridian Representativ Date S-2-0 - 9 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 1111 Subindex Street Index 3 1W 13 Section NUMBERING OF LOTS AND BLOCKS TR\SU8S\SM_CITY.FRM Meridian City Council Meeting June 15, 1999 Page 54 it's stated. Now we can change this ordinance if we come up with some rational to change it but you also have the variance process in there so if they need relief and they can make the basic proof would follow right in line with what Gary just mentioned then they can make that case and then you can deal with the variance. Corrie: Any further comments? Rountree: I'm not sure you want to hear what I have to say. Corrie: Let's take a look at it. Rountree: Mr. Mayor, I think we all recognize the potential problem and possible error in our ways but it seems to me that this particular development has gone through the process and we've all been aware of the inability to provide surface water, I'm sure by record you could see discussions from the Council as well as the applicant as well as staff discussing well development fees or whatever those fees might be. I hate to see them sit yet another couple weeks to a month waiting for a subdivision final plat approval because we're learning a lesson here. Having said that I would hope that we can resolve this water issue that we've got tonight but I would recommend that based on what the applicant said tonight and the willingness to move forward with the fee that we approve the final plat and let them move forward. Bird: Second. Subject to conditions. Rountree: Subject to conditions, Bird: Second. Corrie: Staff? Motion made by Mr. Rountree, second by Mr. Bird to approve the final plat of Sue's Subdivision by Mike Stipa with the approval of the conditions of staff. Any further discussion? Hearing none. All those in favor of the motion say aye. Opposed no? MOTION CARRIED: ALL AYES. 20. FINAL PLAT FOR SCOTiSDALE NTERPR SE©i LLC (8 BUILDING LOTS) BY WOLFE COMMERCIAL E LC�SOUTH OF FRANKLIN RD & WEST OF SOUTH WEST 7T" AVE.: Corrie: Staff? Stiles: I believe that the way its written now that it did allow you to make that determination and I'm glad that you did make the determination you did on these two Meridian City Council Meeting June 15, 1999 Page 55 plats. My biggest issue is when somebody comes in and represents that they are providing pressurized irrigation, I do have the final plat for Maws Addition No. 1 submitted in June of 1992, their application clearly indicates they're providing pressurized irrigation, I remember when I first started work here that they had very bold advertisement that they are providing pressurized irrigation and I got the comments and the complaints from the people that bought those lots and found out they were paying for city water for their subdivision. There's clearly a big difference between someone that comes in and tells us they don't have the water rights, Nampa -Meridian says no, we can't provide you the water and someone that's submitting a final plat in June goes to Nampa -Meridian in November of the same year to exclude themselves from the district so it's not that the Maw's Addition did not have water rights its that they chose to get out of it and they can get back in just as easy as they got out so thank you very much for that one. Scottsdale Subdivision looks great! They're providing pressurized irrigation and I don't think they have any problems, it's nice to have a plat submitted where they did everything you asked them to and you're not having to start over with the same comments that you made on the preliminary plat so staff recommends approval of the Scottsdale Subdivision. Corrie: Is there anybody here from Scottsdale Subdivision that wants to argue the point? Briggs: There's this one fine point. Item #1 in the site specific requirements, its just a clarification that says to put sewer to and through, we're kind of a enclave and it would be pretty confusing to try and take sewer to people that already have it, so I just would like that stricken. (Inaudible discussion) Corrie: Okay, thank you. Any further discussion Council? Hearing none. I'll entertain a motion on the final plat. Bird: Mr. Mayor, I move that we approve the final plat for Scottsdale Subdivision by Wolfe Commercial Enterprises, L.L.C., south of Franklin Rd. and west of S.W. 7th Avenue with the conditions set forth by the Public Works changing the wording in site specific #1 to eliminate "and through". Bentley: Second. Corrie: Motion made by Mr. Bird, second by Mr. Bentley to approve the final plat subject to conditions stated in the motion. Any further discussion? Hearing none. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. rj MERIDIAN CITY COUNCIL MEETING: JUNE 15, 1999 APPLICANT: WOLFE COMMERCIAL ENTERPRISES, INC. AGENDA ITEM NUMBER: 20 REQUEST: FINAL PLAT FOR SCOTTSDALE SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: REVIEWED CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: Y,9,fJU US WEST: eN� INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live 0 LEGAL DEPARTMENT (208) 884-4264 Council Members CITY OF MERIDIAN 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)78�3'�NE� PLANNING AND ZONING DEPARTMENT KEITH BIRD MAY 17 1999 (208) 884-5533 City of Meridian TRANSMITTAL TO AGENCIES FOR COMMENTS &tbh if NT 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: June 8, 1999 TRANSMITTAL DATE: May 14, 1999 HEARING DATE: June 15, 1999 FILE NUMBER: FP -99-021 REQUEST: FINAL PLAT FOR SCOTTSDALE SUBDIVISION BY: WOLFE COMMERCIAL ENTERPRISES LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF FRANKLIN RD & WEST OF SOUTH WEST 7TH AVE _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) _THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) 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: June 8, 1999 TRANSMITTAL DATE: May 14, 1999 HEARING DATE: June 15, 1999 FILE NUMBER: FP -99-021 REQUEST: FINAL PLAT FOR SCOTTSDALE SUBDIVISION BY: WOLFE COMMERCIAL ENTERPRISES LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF FRANKLIN RD & WEST OF SOUTH WEST 7TH AVE _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MALCOLM MACCOY, P/Z _THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: K�R is HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (..OS) 884-4264 CITY OF MERIDIA,cel Council Members P RKS CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 (2 s)tfARTMENT RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 MAY 2 aA, AND ZONING DEPARTMENT KEITH BIRD City of Meri&W4-5533 City Clerk Office 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: June 8, 1999 TRANSMITTAL DATE: May 14, 1999 HEARING DATE: June 15, 1999 FILE NUMBER: FP -99-021 REQUEST: FINAL PLAT FOR SCOTTSDALE SUBDIVISION BY: WOLFE COMMERCIAL ENTERPRISES LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF FRANKLIN RD & WEST OF SOUTH WEST 7TH AVE _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MALCOLM MACCOY, P/Z _THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: K�R 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: June 8, 1999 TRANSMITTAL DATE: May 14, 1999 HEARING DATE: June 15, 1999 FILE NUMBER: FP -99-021 REQUEST: FINAL PLAT FOR SCOTTSDALE SUBDIVISION BY: WOLFE COMMERCIAL ENTERPRISES LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF FRANKLIN RD & WEST OF SOUTH WEST 7T" AVE TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z _THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES RFCFIIV-E MAY 2 1 1999 CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: /o _��►'�-S HUB OF TREASURE YALLEA Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 CITY OF MERIDIAN Council Members 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 DEPARTMENT KEITH BIRD (208)884-5533 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: June 8, 1999 TRANSMITTAL DATE: May 14, 1999 HEARING DATE: June 15, 1999 FILE NUMBER: FP -99-021 REQUEST: FINAL PLAT FOR SCOTTSDALE SUBDIVISION BY: WOLFE COMMERCIAL ENTERPRISES LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF FRANKLIN RD & WEST OF SOUTH WEST 7T" AVE TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z _THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES RFCFIIV-E MAY 2 1 1999 CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: /o _��►'�-S SUBOVISION EVALUATION MEET Proposed Development Name SCOTTSDALE City Meridian Date Reviewed 05/20/99 Preliminary Stage Engineer/Developer Briggs Enqr. / Wolfe Commercial Enterprises LLC Final XXXX 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. "W. FRANKLIN ROAD" "S.W. 7T" AVE." "W. ALDEN DR." "S.W.8TH AVENUE" is approved and shall appear on the plat. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMM7EE, AGE REPRESENTATIVES OR DESIGNEES , Ada County Engineer John Priester � i Date Ada Planning Assoc. Ann Hurley Date City of Meridian Representativ =��)Date Is _20 - q 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 1111 Subindex Street Index 3W 1W 13 Section NUMBERING OF LOTS AND BLOCKS TRkSUBS\SM CITY.FRM SUBOVISION EVALUATION SET Proposed Development Name DEE JAY SUB City Meridian Date Reviewed 05/20/99 Preliminary Stage XXX Final Engineer/Developer JUB Engr. / K. Howell 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 followinq existing street names shall appear on the plat. "E. FRANKLIN ROAD" "E. WATERTOWER LANE" "S. STRATFORD DRIVE" "S. BALTIC AVENUE" The new proposed street is an extension of "WATERTOWER" and will carry the same name If it is to be private then it will be named "E. WATERTOWER LANE" and if it is to be public it will be named "E WATERTOWER STREET". 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 COMMIT/7E, AGENCY21EPRESENTATIVES OR DESIGNEES / /17 Ada County Engineer John Priester �2 Z%L'�' Date Ada Planning Assoc. Ann HurleyDate t� - 2�cD n City of Meridian Representative L \ Q( -Date S 2C 9 iG Fire District Meridian Representative ate NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index 3N 1E 18 Section NUMBERING OF LOTS AND BLOCKS kt4iG Zdfs I/I �j TR\SUBS\SM_CITY.FRM SUAVISION EVALUATION SKEET Proposed Development Name SCOTTSDALE City. Meridian Date Reviewed _ 04/01/99 Preliminary Stage Final XXXX Engineer/Developer Briggs Engr. / Wolfe Commercial Enterprises LLC 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. CF IVSD "W. FRANKLIN ROAD" APL --5 19T "S.W. 7T" AVE." CITY OF MERIDIAN M. ALDEN DR." "S.W.8TH AVENUE" is approved and shall appear on the plat. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMWTTEE, AGEN PRESENTATNES OR DESIGNEES � Ada County Engineer John Priester 1� lit Date Ada Planning Assoc. Ann Hurley Date —/ J City of Meridian Representative �,� �� , Date y- J Fire District Meridian Representative ate NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Subindex Street Index 3N 1W 13 Section NUMBERING OF LOTS AND BLOCKS TRISU8SI8M_CITY.FRM CENTRAL CE •• DISTRICT HEALTH DEPARTMENT Rezone # DISTRICT HEALTH DEPARTMENT Environmental Health Division MAY 2 0 1999 Return to: ❑ Boise ❑ Eagle ❑ Garden City CITY OF MERI PIAN Meridian Conditional Use # Kuna Preliminary / Final / Short Plat — —Oo2 I ❑ ACZ ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: [:1 high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7 JA This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage E]community sewage system E]community water well interim sewage central water Elindividual sewage individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ,I central water 10. Run-off is not to create a mosquito breeding problem. IL 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 El 14. P� �7 % g c /� �ir� G .uT i—d7z— /�/,rs<�.s s � Date:. /L7 /� Reviewed By: Review Sheet mND 10/91 rck rev. 7/97 CENTRAL pIjTFICT H [A LTH DEPART.mENT ro prr'cnt arrd treat disease and disability: to prurruue lteal:hv li/esryles: and to protect acrd promote the ltealtlr arrd qru lin u/ uur envirnrnnur!• 0 MAIN C� iC: C:.V. C(-'NJS1FCMG ct SCicc. STOR-NM .TER lf.kNAGEMENT RECOINEMENDATIONS we recommend chat stormwater be pretreated through a grassy swate prior co discharge to the subsurface to prevent impact to groundwater and surface water quaticy. The engineers and architects involved with the design of this project should obtain -current best management practices--for-s-tormwater disposal and, design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: l) State Of Idaho Catalog Of Stormwater Best ylanagement Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. ?) Scormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. Scormwacer ;193:dly Servin, Valley, Elmore, Boise, and Ada COultdes Elmore County office Vclley County of ice Act / 3aise County offica ACCMIC 5cteUite Office M. 5 arm 7C1 N. I V S"eer iC7 :�t. str-yc.^•G Ft• I :%6 Rccar: 3cise.'0 "7:- �tcuntcon Har^s. �e a:baiP.O. r i-1cm cx I dea mccctl: to. 1623 3crsa. i0 a17rx =nvr; H?Ct n: 127. 6-9 ?h. 11x J2:1 Cn`rira. Heet:n::ai•i?�� rrear' �Gi �h. G1-71Cx p„-9y?,cnr.:ng: 327.73CC A ( 13x•31_.:? bVIC�i.3.l.V wic: 5 x ;AA. 61c•2 17,1 rr. •:rntC:�rs: 221.7xeC :a7.1521 y?r•c: � tumacn: J27.7:W1 • 24 May 1999 0 • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk�J _ 119b4 City of Meridian 33 East Idaho CITY OF MEKIDIACN Meridian, ID 83642 Re: FP -99-021 Final Plat for Scottsdale Subdivision Dear Mr. Berg: The Nampa & Meridian Irrigation District's Eightmile Lateral courses through the northeast corner of the above-mentioned proposed project. The District does not have a record of receiving a Land Use Change application or copies of the preliminary plat. A Land Use Change application must be completed so we can review for any encroachments and storm water retention. Once this has been completed, we can comment on the final plat. Sincerely, 0 1 ;;- �X'_ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 0 0 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 )9 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Dean Briggs Briggs Engineering, Inc. C�pY 1800 W. Overland Road Boisef.0 -- RE Land Use Change Application — Scotts d ale Subdivision Dear Mr. Briggs: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to a finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. If you have any questions concerning this matter, please feel free to call on John P. Anderson, Water Superintendent for the District, at the District's shop telephone number listed above. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Assistant Water Superintendent Secretary/Treasurer Wolfe Commercial Enterprises, L.L.C. City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 4. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. SITE SPECIFIC REQUIREMETNS 1. 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 FP -99-021 Scottsdale.PP HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live CITY OF MERIDIAN Council Members CHARLES ROUNTREE 33 EAST IDAHO � I f � _ Ot 0` t GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD MEMORANDUM: June 14, 1999 To: Mayor, City Council, Planning & Zoning RECEIVED From: Bruce Freckleton, Assistant to City Engineer JUN 1 ' 1999 Shari Stiles, P&Z Administrator Cite of Meridian City Clerk Office Re: Request for Final Plat for SCOTTSDALE SUBDIVISION by Wolfe Commercial Enterprises, LLC — 8 Buildable Lots on 4.30 Acres in an L -O Zone We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 4. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. SITE SPECIFIC REQUIREMETNS 1. 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 FP -99-021 Scottsdale.PP Mayor, Council and P&Z June 14, 1999 Page 2 Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 2. 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. 3. Two -hundred -fifty -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to be private, the Public Works Department, as part of the development plan review process, shall review plans and specifications. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be allowed as a backup source of water. If a single -point connection is utilized, the developer shall be responsible for payment of assessments for common areas prior to signature on the final plat. 5. Provide detailed plans of the common lot for review and approval. 6. A ten -foot width of the 20 -foot -wide planting strips adjacent to the residential uses will be required to be improved prior to applying for building permits. Provide a detailed landscape plan of all areas for review and approval prior to signature on the final plat. Construction of the entire landscape buffer will be required prior to obtaining certificates of occupancy. 7. Provide fencing adjacent to the residential use where none currently exists. Fencing to be installed prior to obtaining building permits. 8. Delete Note 11. As the rezone proposed a less intensive use than the previous R-15 zone, Council did not require a development agreement. 9. Please sign the Certificate of Owners and accompanying Acknowledgment. FP -99-021 Scottsdak.PP SUAVISION EVALUATION AEET Proposed Development Name SCOTTSDALE City Meridgy ! 7 am VATV WNF&WIDUN Date Reviewed 05/20/99 Preliminary Stage Final %VWJQ&10G Engineer/Developer Briggs Engr. / Wolfe Commercial Enterprises LLC 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 Dlat. "W. FRANKLIN ROAD" "S.W. 7T" AVE." W. ALDEN DR." "S.W.8TH AVENUE" is approved and shall appear on the plat The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMIj�TEE, AGENti REPRESENTATIVES OR DESIGNEES �� / Ada County Engineer John Priester �� Dates Ada Planning Assoc. Ann Hurley Date City of Meridian Representativ ��)aDate 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 1111 Subindex Street Index 3W 1W 13 Section NUMBERING OF LOTS AND BLOCKS TR\SUMSM CITY.FRM