HomeMy WebLinkAboutSherbrooke Hollows No. 3 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: March 9, 1999
TRANSMITTAL DATE: February 2, 1999 HEARING DATE: March 16, 1999
FILE NUMBER: FP -99-004
REQUEST: FINAL PLAT FOR SHERBROOKE HOLLOWS NO. 3 SUBDIVISION
.53
LOCATION OF PROPERTY OR' PROJECT:
TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
_CHARLIE ROUNTREE, C/C
_KEITH BIRD, C/C
_GLENN BENTLEY, CIC
_WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
_FIRE DEPARTMENT
POLICE DEPARTMENT
r 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:
:O.
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE
� ,
"" 4_ i A Good Place to Live
LEGAL DEPARTMENT
(208)884-4264
CITYOF MERIDIAN
Council Members
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: March 9, 1999
TRANSMITTAL DATE: February 2, 1999 HEARING DATE: March 16, 1999
FILE NUMBER: FP -99-004
REQUEST: FINAL PLAT FOR SHERBROOKE HOLLOWS NO. 3 SUBDIVISION
.53
LOCATION OF PROPERTY OR' PROJECT:
TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
_CHARLIE ROUNTREE, C/C
_KEITH BIRD, C/C
_GLENN BENTLEY, CIC
_WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
_FIRE DEPARTMENT
POLICE DEPARTMENT
r 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:
CERTIFICATE OF SERVICE
LEGAL DEPARTMENT
(208) 884-4264
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533
I, the undersigned, do hereby certify that a true and correct copy of ORDER OF
CONDITIONAL APPROVAL OF FINAL PLAT FOR SHERBROOKE HOLLOWS NO. 3
was mailed to:
GEM PARK II
P.O. BOX 344
MERIDIAN, IDAHO 83642
properly enclosed in an envelope, with postage prepaid, on this 13th day of April, 199'
i y Clerk
Copy: Shari Stiles, Planning and Zoning
Gary Smith, Public Works
�t1{t11t9#iiifi,t,j
v
BEAL
�'',, Outl ' r```�
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE
A Good Place to Live
Council Members
CITY OF MERIDIAN
CHARLES ROUNTREE
33 EAST IDAHO
GLENN BENTLEY
MERIDIAN, IDAHO 83642
RON ANDERSON
Phone (208) 888-4433 • Fax (208) 887-4813
KEITH BIRD
CERTIFICATE OF SERVICE
LEGAL DEPARTMENT
(208) 884-4264
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533
I, the undersigned, do hereby certify that a true and correct copy of ORDER OF
CONDITIONAL APPROVAL OF FINAL PLAT FOR SHERBROOKE HOLLOWS NO. 3
was mailed to:
GEM PARK II
P.O. BOX 344
MERIDIAN, IDAHO 83642
properly enclosed in an envelope, with postage prepaid, on this 13th day of April, 199'
i y Clerk
Copy: Shari Stiles, Planning and Zoning
Gary Smith, Public Works
�t1{t11t9#iiifi,t,j
v
BEAL
�'',, Outl ' r```�
ALREQUEST FOR SUBDIVISION APPROJ�.-OcErvj�m
PRELIMINARY PLAT AND/OR/' -FINAL PLA FEB 0 1 1999
CITY OF
PLANNING AND ZONING COMMISSION MERIDIAN
TIME TABLE FOR SUBMISSION: f-aq-ooy
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
I .
Name of Annexation and Subdivision: Sherbrooke Hollows Subdivision No. 3
2.
General Location: SW '/4 Sec. 20, T3N, RIE (East side of Locust Grove and North of Victory)
3.
Owners of record: Gem Park II, Partnership & Richard and Connie Coonse
Address: P. O. Box 344, Meridian, ID.
, Zip 83642 Telephone 888-9946
4.
Applicant: Gem Park II_
Address: P. O. Box 344, Meridian, ID , Zip
83642 Telephone 888-9946
5.
Engineer, Kathy Stroschein
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:
Gem Park II
Address P. O. Box 344 Meridian, ID 83642
Telephone 888-9946
PRELIMINARY PLAT CHECKLIST: Subdivision Features
I. Acres: 11.43
2. Number of building lots: 36
3. Number of other lots: 2 Common
4. Gross density per acre: 3.32
5. Net density per acre: 3.15
6. Zoning Classification(s): R-4
7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional
mile, what is the existing zoning classification? N/A
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? No Explain
980706\SUBAPPL-MER
(1)
41
12. What school(s) service`the area? Mary McPherson 4 , do you propose any
agreements for future school sites? No , Explain
13. Are there any other proposed ariienities to the City? Central Water Supply Hydrants ,
Fire Department, Central Sewer, Other , Explain Extension of Nine Mile
Sewer Main within the subject property
14. Type of Building (Residential, Commercial, Industrial or combination): Residential
15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): Single Family Dwelling
16. Proposed Development features:
a. Minimum square footage of lot(s): 8,000 SF
b. Minimum square footage of structure(s): 1,400 SF
C. Are garages provided for? Yes Square footage: 400
d. Has landscaping been provided for: Yes Describe 27 feet of laridscaping_
alongV_ ictory Road.
e. Will trees be provided for? Yes Will trees be maintained ? Yes
f. Are sprinkler systems provided for? Yes
g. Are there multiple units ? No Type:
Remarks: `
h. Are there special set back requirements ? No Explain: l
r
i. Has off street parking been provided for ? Yes Explain: r
Garages and Driveways
j. Value range of property: N/A
k. Type of financing for development: Conventional
1. Were protective covenants submitted? Yes , Date: 9/30/98
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. E.
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. t
5. Preliminary Plat will include all appropriate easements.
6. Street names must not conflict with City'grid system. F
9-604 B PRE -APPLICATION MEETING
F
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 tl `e
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.
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SHERBROOKE HOLLOWS
SUBDIVISION N0. 3
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BRIGGS ENGINEERING' Inc■ 1800 West Overland Road €°
Boise, Idaho 83705 — 3142 ,
ENGINEERS/ PLANNERS /SURVEYORS voice (208) 344-9700 ,
I Fax (208) 345-2950 g}
E-mail BEIdaho@Compuserve.com
°i
January 14, 1999
STATEMENT OF CONFORMANCE 1
SHERBROOKE HOLLOWS SUBDIVISION NO. 3
i
1. The final plat is in conformance with the approved preliminary plat and reflects conditions setforth
in the findings.'
�l
2. All lots meet or exceed the dimensional standards of the R-4 Zone. The plat is in conformance with
the provisions of the Meridian City Ordinance.
3. The plat conforms to acceptable engineering, architectural and surveying practices and local
standards. 12
STATEMENT OF COMPLIANCE
1. All streets are proposed as public with 50 -foot right-of-ways, curb, gutter, 5' sidewalk and 36' back
to back asphalt.
2. The proposed residential use is in conformance with the Meridian Comprehensive
The development will connect to the Nine -Mile Sewer Trunk line and to central
4. The subject development complies with the Meridian City Ordinance.
The final plat reflects all existing and proposed easements.
6. The street names comply with comments by the Ada County Street Name Committee dated
5/28/98. 1'
980706/stm n t -conform
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SUBDIVISION EVALUATION SHEET JAW z 6 1999;,'?
CITY OF Id::
Proposed Development Name SHERBRQOKE HOLLOWS N0.3 City Meridian 4
Date Reviewed 1/21.9 Preliminary Stage Final XXX
.Engineer/Developer Briggs Enar. / Gem Park 2 z
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 jiMet names shall appear on the plat
"EAST VICTORY ROAD"
" . MACKAY DRIVE"
". GOLD BARNUE' is 1212roved d e to the.alignment r ands all aippear on plat.
'g. POWDER RIVER DRIVE" is approved and shalt appear on the plat
"S. GRIMES CREEK AVENUE' is approved, and shall aRpear 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 COM EE, AGE Y REPRESENTATIVES OR
DESIGNEES
Ada County Engineer John Priestei
Ada Planning Assoc. Ann Hurley
Date
Date
City of Meridian Representativ Dates
{
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
Sub Index Street Index 3N JE 20 Section
NUMBERING OF LOTS AND
Mss%sM cmr.FRM
3
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I
SUBDIVISION EVALUATION SHEET
Proposed Development Name SHERBROIOKE VILLAGE City Meridian
Date Reviewed 05/28/98 Preliminary Stage XXX" Final
Engineer/Developer Briggs Engr. / Westgark Co Inc
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
"S. LOCUST GROVE ROAD"
"W. VICTORY ROAD"
"S EAGLE ROAD" ---
The following proposed new street names are approved by the committee and Ada County
Highway District.
"E MACKAY DRIVE" --
"S BULL TROUT AVENUE" i S A,u Qn�- w r � 5. 90
' "S GRIMES CREEK AVENUE"
The above street name comments have been read and approved by the following agency
representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures
must be secured by the representative or his designee in order for the street names to be
officially approved.
ADA COUNTY- STREET NAME COMMITTEE GENCY RESENTATIVES OR DESIGNEES
Ada County Engineer John Priester Date i
Ada Planning Assoc. Ann Hurley Date
City of Meridian Representative Date�'Z�'
Fire District Meridian Representative I_ Date
�o
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 !!!!
Sub Index Street Index 3N 1 E 20 Section
NUMBERING OF LOTS AND BLOCKS
TR\SUBS\SM CITY.FRM
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A PORTION OF THE SW 1/4, SECTION 20, T.31,1., RAE., B.M.,
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LOCKT �.2_ 31
OTY LIMITS BOUNDARY
',•�•\ 13 12 a 9 32
3
BL
14 CKB
1 4 7 33
SITE
..
6 34
m
Q 15 18 6 0
E POWDER RIVER OR 36
22 I 17
Rt t9 19 20 36
BLOCK 7
41 3
VICTORY RD
I
1
RT
RT
'I
400
I
'0 400 800
1200 Feet
BRIGGS ENGINEERING, INC.
I
=IG
SHERBROOKE HOLLOWS NO. 3 SUBDIVISION
SW 1/4 SECTION 20, T.3N., R.lE., B.M.
REVISION
MERIDIAN, ADA COUNTY, IDAHO
(208) 344-9700
e #
1800 W. OVERLAND ROAD
BOISE, IDAHO 83705
DESIGN
DRAFT
BKB
SCALE
1"= 400' I
DATE
01/14/98
DWG. NO.
980706
i
1980706.APR
RT
k
RT
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1
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1 1 I
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-
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RT
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1000 0 1000 2000 3000 Feet
RT
BRIGGS ENGINEERING, INC. 1/2 MILE VICINITY REVISION
SHERBROOKE HOLLOWS NO. 3 SUBDIVISION
BRIGGS SW I/4 SECTION 20, T.3N., RAE., B.M. r
" MERIDIAN, ADA COUNTY, IDAHO
(208) 344-9700
1800 W. OVERLAND ROAD DESIGN DRAFT SCALEDATE DWG, NO.
BOISE, IDAHO 83705 BKB 1" = 100olI 01/14/98 980706 W80706.APR
rb
40
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Plant and Materials Listing sherbrook # 3.DRWV
Elam. Gude Common Name
Botanical Name
TreeslShrubs
of 6
X3445
Amur Maple !v 9 KI
Acer ginnala
X1331
Austrian Black Pine (a w-7 `
Pinus nigra
X1130
Colorado Spruce &'4v ?
Picea pungens
X2493
Crabapple
Malus x'Professor Sprenger
X2625
Cupcake Rose -ju9� I
Rosa 'Cupcake'
X1159
Engelmann's Spruce �' fv 7 `
Picea engelmannii
X1242
Green Ash a"
Fraxinus pennsylvanica
X94
Miniature Rose Z�� t
Rosa'Courmet Popcorn'
'Crimson
X1145
Norway Maple a�(.�
Acer platanoides King'
X65
Pink Spirea 6 ga (
Spirea x bumalda 'Anthony
X1475
Serbian Spruce 6' k,? `
Water&
Picea omodka
X2975
Tartarian Dogwood 5'y a
Cornus alba 'E-legantissima'
GardenlGroundcover
X1622
Slue Fescue a�K�
Festuca ovina glauca
"WWAIN LAW*Ck P€
& S I"Kn; pe.
R0.n
Quantity
5
2
3
12
1
8
5
12
R
fi'�
a r r a n t V �Ir.t6 c
Case KC -LD# 51382
c
or Value Received RICHARD W. COONSE AND RHONDA K. COONSE, HUSBAND AND WIFE
the grantor S do ES hereby grant, bargain, sell and convey unto GEM PARK II PARTNERSHIP, AN
IDAHO GENERAL PARTNERSHIP
whose current address is
2000 E. VICTORY ROAD , MERIDIAN, IDAHO 83642
the grantee S the following described premises, in ADA County Idaho, to Nit:
SEE "EXHIBIT A" ATTACHED HERETO .AND MADE A PART HEREOF.
(CONTINUED) AMERICAN LAND TITLE CO, RECORDEO-REGUEST� F
Dn
J. DAVID NAVARRO
BOISE, IDAHG FEE/q9-0?DEPUT
199SAU31 Ph 4:47 98053706
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee S ,
THEIR heirs and assigns forever. And the GranrorS doEs hereby covenant to and with the said
Grantees, that They the owner S in fee simple of said premises; that they are free from all encumbrances, EXCEPT
those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee S ; and
subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general
taxes and assessments, includes irrigation and utility assessments, (if any) for the current year, which are not due and
payable, and that Grantors will warrant and defend the same from all lawful claims whatsoever.
ated: August 31, 1998
RICHARD W. COONSE RHONDA K. COONSE
TATE OF IDAHO. (X)UNTy OF ADA
On this 31ST day of AUGUST .19 98,
before tne, a notary public in and for said Store, txrsonalfy appeared
RICHARD W. CO--00.Flretroy ,
RHONDA K. C E
known to me to Sh- nagye -.V
subscrihed to' rhe ins�m o tpyylodged to me that
THEY `1 C"r �F
executed the anmc.
KIMBERLIE S. Uid( MI010" " Notary Public
Residing at BOISE , Idaho
Comm. Expires 6/22/2001
w LEGAL DESCRIPTION - (continuer, FILE NO: 53.382'
EXHIBIT A
A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST 1/4 SOUTHWEST
1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO, SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE BRASS CAP MARKING THE CORNER COMMON TO SECTIONS
19, 20, 29 AND 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO; THENCE
SOUTH 89°34'22" EAST 1340.30 FEET ALONG THE LINE COMMON TO SAID
SECTION 20 AND 29 TO AN ALUMINUM CAP MARKING THE WEST 1/16 CORNER
COMMON TO SAID SECTIONS; THENCE
NORTH 0134'24" EAST 25.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF
W. VICTORY ROAD, SAID POINT BRING THE REAL POINT OF BEGINNING;
THENCE CONTINUING
NORTH 0'34'24" EAST 506.00 FEET ALONG THE WEST LINE OF SAID
c SOUTHEAST 1/4 SOUTHWEST 1/4 OF SECTION 20; THENCE
SOUTH 89132'04" EAST 639.99 FEET; THENCE
SOUTH 0'34'22" WEST 505.60 FEET TO SAID NORTH RIGHT-OF-WAY OF W.
VICTORY ROAD; THENCE
NORTH 89034'12" WEST 640.00 FEET TO THE REAL POINT OF BEGINNING.
v
z
� r
51
Warranig Pub
Xor Value Received KENAI PARTNERS, LLC. , .A LIMITED LLABILITY COMPANY
the grantor , do hereby grant, bargain, sell and convey unto GEM PARK II PARTNERSHIP, AN IDAHO
GENERAL PARTNERSHIP
whose current address is P.O. Box 344, Meridian, Idaho 83642
the grantee , the following described premises, in ADA
SEE ATTACHED LEGAL
ADA G00TI RCCG(" c
J. BOISE, 0AH0
1998 SP I I PV. 4: 01
County Idaho, to wit:
A,FpaGAN LAND -V'-VL'e CO'
RECORDED- REODESTOF
FEE �= - DEPU
4fL__/
9803751
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee ,
heirs and assigns forever. And the Grantor do hereby covenant to and with the said
Grantee char he the owner in fee simple of said premises; that they are free from all encumbrances, EXCEPT
those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ; and
subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general
taxes and assessments, includes irrigation and utility assessments, (if any) for the current year, which are not due and
payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever,
gated: September 10, 1998
Managing Member
TATE OF IDAHO. COUNTY OF
STATE OF IDAHO 1
COUNTY OF ADA f
On this 10th day of September 1998 , before me a Notary Public in and for said State,
personally appeared Gregory B. Johnsrvnr�p�d Robert R. Bass
!mown to me to be the
-04' Kenai Partners, LLC., A Limited Liability
Managing Member in the Limited Liability a�'�' y
Company
A�w�pho ilbed said Limited Liability Company name to the fore-
going instrument, and acknow ged toirre t$pirfti? executed the same in said LLC same.
Residingat: Meridian, Idaho
Ndary Public Q' Commission Ex * S: 11/02/01
LEGJ>l', D SCRIPTION front:i.mae- FILE NO: 5148
EXHIBIT A
A PARCEL OF LAND BEING A PORTION OF THE SWI/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE I
EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA. COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SW CORNER OF SECTION 20, T. 3 N., R. 1 E., B.M.; THENCE
S 89034'22" E 1,340.30 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SECTION 20 TO THE
WEST 1/16 CORNER OF SAID SECTION 20, SAID POINT BEING THE SOUTHEASTERLY CORNER OF
SHERBROOKE HOLLOWS SUBDIVISION NO. 1, AND THE REAL POINT OF BEGINNING OF THIS' SUBDIVISION;
THENCE ALONG THE EASTERLY BOUNDARY OF SHERBROOKE HOLLOWS SUBDIVISION NO, 1 THE FOLLOWING:
THENCE N 00134'24" E 516.00 FEET TO A POINT;
THENCE N 89034'22" W 16.75 FEET TO A POINT;
THENCE N 00°30'53" W 128.90 FEET TO A POINT;
THENCE N 00°25'38" E 50.00 FEET TO A POINT;
THENCE N 89°34'22" W 22.98 FEET TO A POINT;
THENCE N 04000'00" W 109.32 FEET TO THE SOUTHWESTERLY CORNER OF SHERBROOKE HOLLOWS
SUBDIVISION NQ. 2;
ALONG THE SOUTHERLY BOUNDARY OF SHERBROOKE HOLLOWS SUBDIVISION NO. 2 THE FOLLOWING:
THENCE S 89034122" E 322.64 FEET TO A POINT;
THENCE N 00025'38" E 19.63 FEET TO A POINT;
THENCE N 84000'00" E 126.93 FEET TO A POINT;
THENCE S 02000'00" E 9.71 FEET TO A POINT OF CURVATURE;
THENCE ALONG A CURVE TO THE LEFT 44.36 FEET, SAID CURVE HAVING A RADIUS OF 125.00 FEET,
DELTA ANGLE OF 20019'55", TANGENTS OF 22.41 FEET, AND A LONG CHORD BEARING S 12.09158" E
44.13 FEET TO A POINT;
THENCE S 18020'02" W 26.07 FEET TO A POINT;
THENCE S 59000'00" W 1.66 FEET TO A POINT;
THENCE S 31000'00" E 60.00 FEET TO A POINT;
THENCE S 76000'00" £ 28.28 FEET TO A POINT;
THENCE N 59000'00" E 50.00 FEET TO A POINT;
THENCE N 14000'00" E 28.28 FEET TO A POINT;
THENCE N 59000100" E 6.64 FEET TO A POINT OF CURVATURE;
THENCE ALONG A CURVE TO THE RIGHT 41.14 FEET, SAID CURVE HAVING A RADIUS OF 75.00 FEET
DELTA ANGLE OF 31025.38", TANGENTS OF 21.10 FEET, AND A LONG CHORD BEARING N '14042'49" E
40.62 FEET TO A POINT OF TANGENCY;
THENCE S 89034'22" E 93.85 FEET TO A POINT;
LEAVING THE SOUTHERLY BOUNDARY OF SHERBROOKE HOLLOWS SUBDIVISION NO. 2;
THENCE S 00034'22" W 777.04 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID SECTION
20;
THENCE N 89034'12" W 640.00 FEET TO THE REAL POINT OF BEGINNING.
PROPOSED SHERBROOKE HOLLOWS SUBDIVISION NO. 3
EXCEPTING THEREFROM
A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST 1/4 SOUTHWEST 1/4 OF SECTION 20,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
(CONTINUED)
LE07_L U:SSCRIPI_:ON (contina:X<i_ FILE NO: 5148680
COMMENCING AT THE BRASS CAP MARKING THE CORNER COMMON TO SECTIONS 19, 20, 29 AND 30,
TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, ADA COlIK=, IDAHO; THENCE
SOUTH 99°34'22" EAST 1340.30 HEFT ALONG THE LINE COMMON TO SAID SECTION 20 AND 29 TO AN
ALUMINUM CAP MARKING THE WEST 1/16 CORNER COMMON TO SAID SECTIONS; THENCE
NORTH 0034'24" EAST 25.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF W. VICTORY ROAD, SAID
POINT BRING THE REAL POINT OF BEGINNING; THENCE CONTINUING
NORTH 0034'24" EAST 506.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 SOUTHWEST 1/4 OF
SECTION 20; THENCE
SOUTH 89032'04" EAST 639.99 FEET; THENCE
SOUTH 0034'22• WEST 505.60 FEET TO SAID NORTH RIGHT-OF-WAY OF W. VICTORY ROAD; THENCE
NORTH 89°34'22" WEST 640.00 FEET TO THE REAL POINT OF BEGINNING.
AND ALSO EXCEPT THAT PORTION WITHIN RIGHT OF WAY OF VICTORY ROAD.
PRoVAL
OR SUBDIVISION AP
- - i I V "t
PRELIMINARY PLAT AND/OR -FINAL' PLAT,,
YLANNI - (�,AND`Z�NING,C
01
TIME TABLE Qt� 2 r) S t i
T A, B-1 --h -1
an
J)" ,nust be in. the City Clerks possession no later
,,A reqjest4or,preliminary pl�fapproval i
ng of the
the re ula� meeting �platimng and ZPP�nggo-m-m-s-s'-O-n'—.-..-.---
.,
,three day§,following eg
�tlttheponthl meeting
request oning Commission will hear, the
The Planning, and Z 17 1-f
month that , I , t, as made.
following the, the req
w
-, .,I _ A'
W&I at,�subseqdent',rnonthlY meetings
sal enters the process it may be acted upon P M
f After a pro 0 ed before 5:00
,P o'drereceiv
- d"d6cumentati n
pro 33 necessary procedures'an N
,,� , .1-11issibff action.
0 Planning" Comm
ThursdaY,f0ll.1 wing the
GENERAL INFORMATION
§herWrooke Hollows Subdivision No
and Subdivision:
Name of Annexationrth of YJ
East side' Of Locust Grove and No -----
S-, ''20 - T3N RIE
aAl�.�������
cto
General Locki6fi:,SW �/�- ec. " �i �n
2. 1 'Richard and Connie Coonse
V-7 - -�,p�ii
�- �67
G -e -m` Park II-Partnersliff) ho888-9946-
V , . 7 r,
3. owners of record: (.VZ. -,i, 836.42 Telep i�6
1P,
idi�n- 11), -
Address: .,O. Box 344
ark I
Gem,P- ' I` ' ? 888--9946-
4. '),,Applicant:;�_L83642mTel�&One-
Address: ' P O. Box 344,-meri i" -112" -Zip' Firm Bri s En2ineerin
R::111111 Stroschein
Kat -3-4 -4- -9-7 0 �0
5.1, W Ov-ejIa6d Road Boise ID Zip 8370 Telephone
Address, i800' Gem Park II
-9946
d address to receive City, billings - Name.
6. StrtNameanl --r-dT ---888
elephon�i,
'-'�x',3444'M&idi' ID' -1
P. O. Box Meridian f, v. Address'
vision FeaturesPRELIMINARY
CHE'Subd5.,r V
� J (IrIMPT" -,� �% ,
43
I Acres:. -36
'Number 6buildins.-
2. !KJ g lot
- . I I I � � - I . , "ommo,-,, ---,
3.
other lots: =-2 Common—n ,,%Number Of-..
-1 - I ' 3' 32
4.
Gross density per acre:
f� --3-15
1'5. NefdensitY per acre;
.- I ., R=4 4 � "
6. Zoning Classification(0: within the jurisdictional
in- if the proposedisubdiVision is outside the Meridian City Limits but t
7. ing zoning classification? 10 City
d
I mile; :what -is the, exist
,plat.border a, potential en belt?
gre
It , �,- i il
No
8, p-vq)(Does the -f6jWT1C ",-No U.
easementsprovided
9. f0,,Hdve recreatipn4ps.,lain'
tl�6.-Cif�?Irf� nrNo XP
eatxonal e'i es 6 -
10 i%li,.Are there,,propgsed,,recr
�,Explam
Cdr e
11. Are there proposed dedicaiibfi6mm areas ?JN&-P -,
so
For future parks? No Explain
'990106\SUBAPPL-MER (1)
12. What school(s) service thea? Mary McPherson �o you propose any
agreements for future school sites? No , Explain
13. Are there any other proposed amenities to the City? Central Water Supply Hydrants ,
Fire Department, Central Sewer, Other , Explain Extension of Nine Mile
Sewer Main within the subject property.
14. Type of Building (Residential, Commercial, Industrial or combination): Residential
15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): Single Family Dwelling
16. Proposed Development features:
a. Minimum square footage of lot(s): 8,000 SF.
b. Minimum square footage of structure(s): 1,400 SF
C. Are garages provided for? Yes Square footage: 400
d. Has landscaping been provided for: Yes , Describe 27 feet of landscaping
along Victory Road.
e. Will trees be provided for? Yes Will trees be maintained ? Yes
f Are sprinkler systems ,provided for? Yes
g. Are there multiple units ? No , Type:
Remarks:
h. Are there special set back requirements ? No Explain:
i. Has off street parking been provided for ? Yes Explain:
Garages and Driveways
j. Value range of property: N/A
k. Type of financing for development: Conventional
1. Were protective covenants submitted? Yes , Date:. 9/30/98
17. Does the proposal land lock other property? No Does it create Enclaves? No
STATEMENTS OF COMPLIANCE:
1. t 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.
980706\SUBAPPL-MER
(2)
SHERBROOKE HOLLOWS SUBDIVISION NO. 3
A
A PORTION OF THE SW 1/4, SECTION 20, T.314, R.1E., B.N.,
MERIDIAN. ADA COUNTY. IDAHO
SCALE: 1` 300'
r__
LOCK e 9
29
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10
30 i
1
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1
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JS
22 17
B19 20
36
BLOCK 7
21
37
A
l
SHERBPOOKE HOLLOWS
SUBDIVISION NO. 3
A PORTION ,OF
THE SW,1/4, SECTION
20, T.3N.,
RAE.,
B.M.,
t
MERIDIAN, ADA COUNTY, IDAHO
BLOCK 6
8
12
i
11
10
9
29 i
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DR.
10
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8
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1800 West Overland Road • Boise, Idaho 83705
PHONE: (208) 344-9700 • FAX NO: (208) 345-2950
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CITY of MERIDIAN
33 E Idaho Avenue
Meridian, Idaho 83642
CHECK REQUEST
PAY: Gem Park #2 REQUESTED BY: Aletr
PO Box 344 CHECK NEEDED BY:
Meridian, Idaho 83680 PLEASE CHECK ONE: ❑ Mail Check
DESCRIPTION.-`.....<. ACCOUNT# :'.:ANf0UNTF,.:
refund Fence & Lansca a deposit for Sherbrooke
01-0000-22115
2,000.00
Hollows #3
CHECK TOTAL 2,000.00
DATE: 14^00 DEPT HEAD �..,.
0
CITY OF MERIDIAN -'�
�- 0/1� Mfr .�\ r `�,ti �.•i
"Hub of Treasure Valley" O'�5d
33 E. Idaho1�c
Meridian, Idaho 83642
888-4433
Customer's
Order No,(� Date
Name 6,e*s. /�(, -LL ` o` 2
Address �• �0 %��¢
Qit iG�l sR..✓ l 9.S JW
Phone: Ztb2 71,
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"Hub of Treasure Valley" O'�5d
33 E. Idaho1�c
Meridian, Idaho 83642
888-4433
Customer's
Order No,(� Date
Name 6,e*s. /�(, -LL ` o` 2
Address �• �0 %��¢
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Phone: Ztb2 71,
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All claims and returned goods M T be accompanied by this bin.
TAX
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MERIDIAN CITY COUNCIL MEETING: JUNE 1, 1999
APPLICANT: CONSENT AGENDA AGENDA ITEM NUMBER: D
REQUEST: PARTIAL RELEASE OF DEVELOPMENT AGREEMENT FOR SHERBROOKE HOLLOWS
NO. 3 SUBDIVISION BY GEM PARK II
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED AGREEMENT
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
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.
inte,roffice-°
MEMORANDUM a'
• 4
REc"vED
To: William G. Berg, Jr4:0�1
` MAY 1 1 1999
cc: Angel Sims /�. 4` CITY OF MERIDIAN
From: Wm. F. Gigray, III '
Subject: PARTIAL RELEASE OF DEVELOP EN AT GEM PARK II
File No.: 5.5.2
Date: May 12, 1999 3 `
Please find attached to this memo the original of the Partial Release of
I
Development Agreement for Gem Park 11 on Sherbrooke Hollows No. 3 Subdivision. -This
Release is pursuant to the City Council meeting held on March 16, 1999, with the deletion of
items 12 and 13 of the Developmenf Agreement.
This item may now be set for an upcoming City Council meeting.
If you have any questions, please advise.
msg/Z:\Work\M\Meridian 15360M\Sherbrooke Hollows No.3\C1erkUrPartialRelease
F
P
k
Mayor
ROBERT D. CORRIE
Council Members
CHARLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
HUB OF TREASURE VALLEY 0
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-3.433 • Fax (208) 887-4813
LEGAL DEPARTMENT
(208)884-4264
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-2211
PLANNING AND ZONING
DEPARTMENT
(208)384-5533
J FACSIMILE COVER SHEET
FAX NUMBER: 3 4 S- a 9 S 0 DATE: 19
TO: I ow C o
TITLE/DEPARTMENT: [fir i
CONFIDENTIAL: YES NO
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): K
FROM: CITY OF1MERIDIAN - FAX NUMBER: (208) 888-4218
".1,L•L�i
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433.
•
Meridian City Council
March 16, 1999
Page 21
Corrie: I think probably I'm going to vote no on the motion. I think Mr. Rountree's
approach is probably a little quicker a little better. We got it on record. I think all we
need to do is make sure that those conditions are there and the record is on there, and
then we can approve it with those conditions so I'll entertain a motion to that effect and
see where that one goes.
Rountree: Mr. Mayor l move that we approve the final plat for Thousand Springs No. 3
Subdivision subject to the conditions of staff and conditions and modifications made by
Council as the record would indicate and that that information be reflected in the
development agreement.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve with the conditions
in the record of the development agreement as stated. Any further discussion? All
those in favor of the motion say aye.
0
MOTION CARRIED: 3 AYES, 1 NAY.
14. FINAL PLAT FOR SHERBROOKE HOLLOWS NO. 3 SUBDIVISION BY GEM
PARK II — EAST OF LOCUST GROVE AND NORTH OF VICTORY:
Corrie: Shari, you're first.
Stiles: Mr. Mayor and Council, you have our comments dated March 15th, 1999. We
have received a response from Ms. Bowcutt. She has agreed with the majority of our
comments. However we have asked for some additional soils testing. She has
submitted a letter, but it is not enough information to satisfy our Public Works
Department and we do ask for additional soils testing at that site. Otherwise she agrees
to all the conditions. We have no problem with this going forward and I am not sure if a
development agreement has ever been prepared for this. Has it? Sherbrooke Village?
Ms. Bowcutt has submitted one. I don't believe it has been acted on by Council. I'm not
aware that City Attorney has prepared his own development agreement.
Corrie: Mr. Clerk do you have that development agreement in your files?
Berg: Yes, Mr. Mayor, I do have a copy of the development agreement in my packet.
You should have one in your packet also. It does look like the old format.
Corrie: Ms. Bowcutt, do you have any comments on Ms. Stiles — (inaudible) Any other
discussion from Council?
U
Meridian City Council -
March 16, 1999
Page 22
Bentley: Mr. Mayor I have a question for Shari. My understanding you haven't seen the
development agreement?
Stiles: Mr. Mayor and Council, Councilman Bentley, we did get one submitted. Becky
did submit a development agreement. However we don't have one prepared in our
current format for this particular subdivision. This subdivision was the majority of this
subdivision was annexed as the Sherbrooke Village Subdivision. I believe we do have
a Sherbrooke Hollows Subdivision development agreement, but this other new annexed
portion was not under that development agreement.
Bowcutt: On the check list for final plats, it states all the items that we must submit for
your staff's review. On that checklist is a copy of the development agreement, and so
for quite a while we submitted them at that stage. Now with your new procedure where
they're being prepared as you're annexed, we've got some of these hold overs that they
went through the process prior to Mr. Gigray so these development agreements need
wrapped up. This particular project is subject to two development agreements. One is
already recorded and in place. The other one I submitted with the final plat to go to your
staff for their review and comments. Thanks.
Corrie: Any other staff comments? Mr. Gigray you have a comment?
Gigray: The only thing I would say is that my familiarity with development agreements
are part and parcel of an annexation actually part and parcel of a zoning designation or
rezoning, and so this must have some history that would predate our administration,
because I wouldn't be doing it as part of a plat. So 1 would defer to Shari as to whether
the conditions are appropriate or not.
Stiles: Mr. Mayor and Council this may have been during the transition. I'm not real
sure the time frame. I've been talking with Mr. Gigray and we're trying to come to some
consensus about when to require these and when to not. It's getting to the point on
these plats, we've got such a hold on them anyway that unless there's some really
unusual requirements for the annexation that we can take care of everything just
through withholding building permits. They can't even get a final plat signature until
they bond for virtually everything and have a recorded development agreement so
hopefully in the future you will be seeing a lot less of these development agreements.
Corrie: Any other comments from Council? Hearing none, I'll entertain a motion on the
final plat for Sherbrooke Hollows No. 3.
Anderson: Mr. Mayor I make a motion we approve the final plat for Sherbrooke Hollows
No. 3.
Rountree: Second.
LJ
Meridian City Council
March 16, 1999
Page 23
0
Corrie: Motion made by Mr. Anderson second by Mr. Rountree to approve the final plat
for Sherbrooke Hollows No. 3. Any further discussion?
Bentley: Mr. Mayor, should that include the signing of the development agreement?
Corrie: Do you want that — I don't think it's necessary, but (inaudible) —
Stiles: I believe it was part of the initial Findings. This project did have a requirement
for a booster pump installation too, which is a little different, but they're aware of that
requirement and intend to comply with that.
Bentley: Thank you.
Bird: Mr. Mayor, what conditions — what was in the motion? General conditions?
Anderson: Subject to the staff conditions.
Bird: Okay.
Corrie: Motion is made to approve the final plat of Sherbrooke Hollows No. 3 approval
with the staff conditions. Any further discussion? All those in favor of the motion say
aye.
MOTION CARRIED: ALL AYES.
Bentley: Mr. Mayor I move we take a ten minute break.
Corrie: We've got one more final plat. Let's do one more and then public hearing.
15. FINAL PLAT FOR TUMBLE CREEK NO. 3 SUBDIVISION BY STUBBLEFIELD
CONSTRUCTION COMPANY, INC. — USTICK ROAD, WEST OF LINDER
ROAD:
Corrie: Shari.
Stiles: Mr. Mayor and Council, hopefully you have our comments on this project. I don't
seem to have my packet here. I'm looking in the wrong file. Our comments dated
March 12, 1999. We have received a response from the applicant's representative.
They have acknowledged all of our comments and indicate that they will comply. This is
the third phase on Tumble Creek Subdivision just north of the proposed Turtle Creek
Subdivision. This particular phase will have a stub street going into Turtle Creek and I
have no problems with this plat.
Mayor
ROBERT D. CORRIE
o=it M mb=
CHARLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
HUB OF TREASURE VALLEY 40
is A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • Fax (208) 887-4813
LEGAL DEPARTMENT
(208) 884-4261
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-2211
PLANNING AND ZONING
DEPARTMENT
(208)884-5533
FACSIMILE COVER SHEET
FAX NUMBER:I 28Y, �E DATE:&);7 Iqq
TO:
TITLE/DEPARTMENT:
CONFIDENTIAL: YES NO 1"
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): Ig
FOM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218
A C\
►RT_L14
TITLE/DEPARTMENT: UlAt
COMMENTS: eq tg 1 ► �ULA
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433.
0
cCENTRAL }
DISTRICT
'HEALTH
DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 3755211 • 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.
99-365
May,12,;.1999
David Navarro
Ada County Recorder
650 Main Street
Boise, ID 83702
RE: Sherbrooke Hollows #3
Dear Mr. Navarro:
FR;c1Er\TED
MAY 14 1999
CITY OF MERIDIAN
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 May 11, 1999.
No lot size may be reduced without prior approval of the health
authority.
If you have any questions please call.
Sincerely, y
Michael H. Reno, E.H.S.
Senior Environmental Health Specialist
CC: Tom Turco, Environmental Health Director
Martin O. Jones, Environmental Health Supervisor
" T HUD
*'City of Meridian
Briggs Engineering
Gem Park II
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 Roberts
Boise, ID 83705
Ph. 334-3355
FAX: 334-3355
Valley County Office
703 N. 1 st Street
P.O. Box 1448
McCall, ID. 83638
Ph. 634-7194
FAX: 634-2174
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
April 21, 1999'
Becky Bowcutt
Briggs Engineering, Inc.
1800 W. Overland Rd.
Boise, ID 83705-3142 ,
Re: Sherbrooke Hollow Nos. 2,{3 "and 4
Dear Becky:
APP ? 3 ?999
CITY OF lEMMIN
*I nCultzea
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
The Nampa & Meridian Irrigation District has completed a review on the above-
mentioned project. The storm water run-off for phases 3 and 4 will be retained on site
and phase 2 will be returned to the District's Ninemile Drain. The District does require
a license agreement for this discharge.
The relocation of the Ninemile Drain has been approved in previously plans. We will
need an easement description for the relocation and it will need to be reviewed to make
sure it is acceptable.
The pressure irrigation plans appear to be acceptable, however, we will need to do a
pressure test at the time it is completed and review the thrust blocks, etc. If the
subdivision is constructed according to the plans, it will be acceptable to the Nampa 8s
Meridian Irrigation District.
Please feel free to contact me if you feel further discussion is required.
S' cerel�
John P. Anderson, Water Superintendent
John
& MERIDIAN IRRIGATION DISTRICT
Cc: File
Each Director
Secretary -Treasurer
Asst. Water Superintendent
Sharp & Smith - John Sharp
Ringert Clark Chartered - Bryce Farris
City of Meridian
Ada County Highway District
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
William G. Berg, Jr.
City Cleric
33 East Idaho Street
Meridian, Idaho 83642
Re: SHERBROOKE HOLLOWS NO. 3 REQUEST -
Dear Will:
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL (208) 466-9272
FAX (208) 466.4405
PLEASE REPLY TO
MERIDIAN OFFICE
RECEIVED
APR 0 2 1999
City of Meridian
City Clerk Office
Regarding the above referenced matter, please find enclosed a copy of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature
by the, Mayor and yourself. Please serve a copy of the ORDER—upornthe�Applicant,,,,,
,withra.,Certificate'rof'Service7ii-thefile and a copy to Planning and Zoning and Public
Works.
If you have any questions, please give me a call.
Very truly yours,
DICTATED BY ATTORNEY AND
STENT WITPIGUT SIGNATURE IN
HIS ABSENCE TO AVOID BELAY
Wm. F. Gigray, III
msg/ZAWork\M\Meridian 15360M\Sherbrooke Hollows No.3\C1er1-LtrMar22
ATTORNEYS AT LAW
JUSTIN P. AYLSWORTH
200 EAST CARLTON AVENUE, SUITE 31
JULIE KLEIN FISCHER
POST OFFICE BOX 1150
WM. F. GIGRAY, III
MERIDIAN, IDAHO 83680.1150
D. SAMUEL JOHNSON
TEL (208) 288-2499
FAX (208) 288.2501
WILLIAM A. MORROW
CHRISTOPHER S. NYE
Email via Internet @ wfg@wppmg.com
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
April 1, 1999
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
William G. Berg, Jr.
City Cleric
33 East Idaho Street
Meridian, Idaho 83642
Re: SHERBROOKE HOLLOWS NO. 3 REQUEST -
Dear Will:
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL (208) 466-9272
FAX (208) 466.4405
PLEASE REPLY TO
MERIDIAN OFFICE
RECEIVED
APR 0 2 1999
City of Meridian
City Clerk Office
Regarding the above referenced matter, please find enclosed a copy of the
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature
by the, Mayor and yourself. Please serve a copy of the ORDER—upornthe�Applicant,,,,,
,withra.,Certificate'rof'Service7ii-thefile and a copy to Planning and Zoning and Public
Works.
If you have any questions, please give me a call.
Very truly yours,
DICTATED BY ATTORNEY AND
STENT WITPIGUT SIGNATURE IN
HIS ABSENCE TO AVOID BELAY
Wm. F. Gigray, III
msg/ZAWork\M\Meridian 15360M\Sherbrooke Hollows No.3\C1er1-LtrMar22
** TX CONFIRM*N REPORT **
DATE TIME TO/FROM
15 04/09 15:11 2882501
AS OF APR 09 '015:12 PAGE. 01
CITY OF MERIDIAN
MODE MIN/SEC PGS CMD# STATUS
EC --S 01'40" 004 051 OK
Mayos
IYUB OF TREASURE VALLEY
ROBERT D, CORRIE
A Good Place to Live
LEGAL DEPART,�IENT
Co �n .i) Mrmt,-,�
C=muk =
CITY OF MERIDIAN
(208) 88-4.4264
CHARLES ROUNTREE
PUBLIC WORKS
GLENN BLNTLEy
33 EAST IDAHO
BUILDING DEPARTMENT
MERIDIAN, IDAHO 83642
(208) 887-2211
RON ANDERSON
Phonc (208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
KEITH BIRD
DEPARTMENT
(208) 881.5533
FACSIMILE COVER SHEET
FAX NUMBER: �� ,��SO j DATE: L I
T0:_ isol lTlcira
TITLE/DEPARTMENT:
CONFIDENTIAL: YES NO__Z_
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): _q__
FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218
NAME:
TITLEIDEPARTMENT:�QQ�,�
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433.
** TX CONFIRMAQ REPORT **
DATE TIME TO/FROM
14 04/09 15:08 3452950
AS OF APR 09 '*5:09 PAGE.01
CITY OF MERIDIAN
MODE MIN/SEC PGS CMD# STATUS
EC --S 01'39" 004 049 OK
Mayor
KUB OF TREASURE VALLEY
ROBERT D. CORR.E
A Good Place to Live
C A it M m =
CITY OF MERIDIAN
CHARLES ROUNTREE
33 EAST IDAHO
GLENN BENTLEY
MERIDIAN, IDAHO 83642
RON ANDERSON
Phone (208) 888-4433 • Fax (208) 8874813
MTN BIRD
LEGAL DEPARTMENT
(208) 884.4264
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-2211
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533
� �-
FACSIMILE COVER SHEET '/
lq qq
FAX NUMBER: _ //3`-f �) -� -I n DATE: `7
TO: &CI (u PV -I _ V° r .
TITLE/DEPARTMENT:f
CONFIDENTIAL: YES NO__yJ r
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): `7
FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218
NAME.
TITLEIDEPAI
COMMENTS
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433.
M
Meridian City Council
March 16, 1999
Page 21
Corrie: I think probably I'm going to.vote no on the motion. I think Mr. Rountree's
approach is probably a little quicker a tittle better. We got it on record. I think all we
need to do is make sure that those conditions are there and the record is on there, and
then we can approve it with those conditions so I'll entertain a motion to that effect and
see where that one goes.
Rountree: Mr. Mayor I move that we approve the final plat for Thousand Springs No. 3
Subdivision subject to the conditions of staff and conditions and modifications made by
Council as the record would indicate and that that information be reflected in the
development agreement.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve with the conditions
in the record of the development agreement as stated. Any further discussion? All
those in favor of the motion say aye.
MOTION CARRIED: 3 AYES, 1 NAY.
14. FINAL PLAT FOR SHERBROOKE HOLLOWS NO. 3 SUBDIVISION BY GEM
PARK II — EAST OF LOCUST GROVE AND NORTH OF VICTORY:
Corrie: Shari, you're first.
Stiles: Mr. Mayor and Council, you have our comments dated March 15th, 1999. We
have received a response from Ms. Bowcutt. She has agreed with the majority of our
comments. However we have asked for some additional soils testing. She has
submitted a letter, but it is not enough information to satisfy our Public Works
Department and we do ask for additional soils testing at that site. Otherwise she agrees
to all the conditions. We have no problem with this going forward and I am not sure if a
development agreement has ever been prepared for this. Has it? Sherbrooke Village?
Ms. Bowcutt has submitted one. I don't believe it has been.acted on by Council. I'm.not
aware that City Attorney has prepared his own development agreement.
Corrie: Mr. Clerk do you have that development agreement in your files?
Berg: Yes, Mr. Mayor, I do have a copy of the development agreement in my packet.
You should have one in your packet also. It does look like the old format.
Corrie: Ms. Bowcutt, do you have any comments on Ms. Stiles — (inaudible) Any other
discussion from Council?
Meridian City Council
March 16, 1999
Page 22
Bentley: Mr. Mayor I have a question for Shari. My understanding you haven't seen the
development agreement?
Stiles: Mr. Mayor and Council, Councilman Bentley, we did get one submitted. Becky
did submit a development agreement. However we don't have one prepared in our
current format for this particular subdivision. This subdivision was the majority of this
subdivision was annexed as the Sherbrooke Village Subdivision. I believe we do have
a Sherbrooke Hollows Subdivision development agreement, but this other new annexed
portion was not under that development agreement.
Bowcutt: On the check list for final plats, it states all the items that we must submit for
your staff's review. On that checklist is a copy of the development agreement, and so
for quite a while we submitted them at that stage. Now with your new procedure where
they're being prepared as you're annexed, we've got some of these hold overs that they
went through the process prior to Mr. Gigray so these development agreements need
wrapped up. This particular project is subject to two development agreements. One is
already recorded and in place. The other one I submitted with the final plat to go to your
staff for their review and comments. Thanks.
Corrie: Any other staff comments? Mr. Gigray you have a comment?
Gigray: The only thing I would say is that my familiarity with development agreements
are part and parcel of an annexation actually part and parcel of a zoning designation or
rezoning, and so this must have some history that would predate our administration,
because-) wouldn't be doing it as part of a plat. So I would defer to Shari as to whether
the conditions are appropriate or not.
Stiles: Mr. Mayor and Council this may have been during the transition. I'm not real
sure the time frame. I've been talking with Mr. Gigray and we're trying to come to some
consensus about when to require these and when to not. It's getting to the point on
these plats, we've got such a hold on them anyway that unless there's some really
unusual requirements for the annexation that we can take care of everything just
through withholding building permits. They can't even get a final plat signature until
they bond for virtually everything and have a recorded development agreement so
hopefully in the future you will be seeing a lot less of these development agreements.
Corrie: Any other comments from Council? Hearing none, I'll entertain a motion on the
final plat for Sherbrooke Hollows No. 3.
Anderson: Mr. Mayor I make a motion we approve the final plat for Sherbrooke Hollows
No. 3.
Rountree: Second.
10
Meridian City Council
March 16, 1999
Page 23
Corrie: Motion made by Mr. Anderson second by Mr. Rountree to approve the final plat
for Sherbrooke Hollows No. 3. Any further discussion?
Bentley: Mr. Mayor, should that include the signing of the development agreement?
Corrie: Do you want that — I don't think it's necessary, but (inaudible) —
Stiles: I believe it was part of the initial Findings. This project did have a requirement
for a booster pump installation too, which is a little different, but they're aware of that
requirement and intend to comply with that.
Bentley: Thank you.
Bird: Mr. Mayor, what conditions — what was in the motion? General conditions?
Anderson: Subject to the staff conditions.
Bird: Okay.
Corrie: Motion is made to approve the final plat of Sherbrooke Hollows No. 3 approval
with the staff conditions. Any further discussion? All those in favor of the motion say
aye.
MOTION CARRIED: ALL AYES.
Bentley: Mr. Mayor I move we take a ten minute break.
Corrie: We've got one more final plat. Let's do one more and then public hearing
15. FINAL PLAT FOR TUMBLE CREEK NO.3 SUBDIVISION BY STUBBLEFIELD
CONSTRUCTION COMPANY, INC. — USTICK ROAD, WEST OF LINDER
ROAD:
Corrie: Shari.
Stiles: Mr. Mayor and Council, hopefully you have our comments on this project. I don't
seem to have my packet here. I'm looking in the wrong file. Our comments dated
March 12, 1999. We have received a response from the applicant's representative.
They have acknowledged all of our comments and indicate that they will comply. This is
the third phase on Tumble Creek Subdivision just north of the proposed Turtle Creek
Subdivision. This particular phase will have a stub street going into Turtle Creek and I
have no problems with this plat.
MERIDIAN CITY COUNCIL MEETING: MARCH 16 1999
APPLICANT: GEM PARK 11 AGENDA ITEM NUMBER: 14
REQUEST: FINAL PLAT FOR SHERBROOKE HOLLOWS NO. 3
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:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
COMMENTS
SEE ATTACHED DEVELOPMENT AGREEMENT & CC
& R'S
REVIEWED
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED EVALUATION SHEETS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER:ju, IV
US WEST: ^n� i v
f - u
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall be
0
of the C
To insure that your comments and recommendations will be considered by the
Meridian City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: March 9, 1999
TRANSMITTAL DATE: February 2, 1999 iHEARING DATE: March 16, 1999
FILE NUMBER: FP -99-004
REQUEST: FINAL PLAT FOR SHERBROOKE HOLLOWS NO. 3 SUBDIVISION
BY: GEM PARK 11
LOCATION OF PROPERTY OR PROJECT: NW OF CHERRY LANE VILLAGE NO. 1
TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
_CHARLIE ROUNTREE, C/C
KEITH BIRD, C/C
GLENN BENTLEY, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
BUILDING DEPARTMENT
+FIRE DEPARTMENT
KFOLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
_CITY PLANNER
CITY FILES
YC
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_(ANPEXATION)
..x
• HUB OF •
Mayor
ROBERT D. CORRIE
TREASURE VALLEY
LEGAL DEPARTMENT
A Good Place to Live
C-=61 Members
(208) 884-4264
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) 887RECEIVED NNING AND ZONING
KEITH BIRD
DEPARTMENT
FEB 0 4 1999 (708) 884-5533
City Of Meridian
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: March 9, 1999
TRANSMITTAL DATE: February 2, 1999 iHEARING DATE: March 16, 1999
FILE NUMBER: FP -99-004
REQUEST: FINAL PLAT FOR SHERBROOKE HOLLOWS NO. 3 SUBDIVISION
BY: GEM PARK 11
LOCATION OF PROPERTY OR PROJECT: NW OF CHERRY LANE VILLAGE NO. 1
TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
_CHARLIE ROUNTREE, C/C
KEITH BIRD, C/C
GLENN BENTLEY, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
BUILDING DEPARTMENT
+FIRE DEPARTMENT
KFOLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
_CITY PLANNER
CITY FILES
YC
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_(ANPEXATION)
�rt
• Mayor HUB OF TREASURE VALLEY
ROBERT D. CORRIE A Good Place to Live
C=61 Members CITY OF MERIDIAN
CHARLES ROUNTREE 33 EAST IDAHO
GLENN BENTLEY MERIDIAN, IDAHO 83642
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813
KEITH BIRD
LEGAL DEPARTMENT
(208)884-4264
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-'_211
PLANNING AND ZONING
DEPARTMENT
(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: March 9, 1999
TRANSMITTAL DATE: February 2, 1999 HEARING DATE: March 16, 1999
FILE NUMBER: FP -99-004
REQUEST: FINAL PLAT FOR SHERBROOKE HOLLOWS NO.3 SUBDIVISION
BY: GEM PARK II
LOCATION OF PROPERTY OR PROJECT: NW OF CHERRY LANE VILLAGE NO. 1
TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
_CHARLIE ROUNTREE, C/C
_KEITH BIRD, C/C
_GLENN BENTLEY, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
CITY FILES
MERIDIAN SCHOOL DISTRICT
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 (ANNEXATIO
YOUR CONCISE REMARKS: n2- - L3 C/
C t, p i- 7r-4 s . - g- cc> -e -e & S .
•
SUPERINTENDENT
Christine H. Donnell
February 9, 1999
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Dear Councilmen:
ri
LIECEIVED
FEB 1 11999
City of Meridian
City Clerk Office
Enclosed for your review is general information relative to schools located in the proposed project
area. If you have any questions, please contact Jim Carberry at 888-6701.
Reference: Sherbrooke Hollows No. 3 Subdivision
Elementary School: Mary McPherson Elementary School
Middle School: Lake Hazel Middle School
High School: Meridian High School
Comments and/or Recommendations:
Mary McPherson Elementary School is currently at capacity. Lake Hazel Middle School is at
capacity and will remain so until the fifth middle school comes on line in the fall of 2000.
Meridian High School is over capacity at this time.
We can predict that these homes, when completed, will house twelve (12) elementary aged children,
nine (9) middle school aged children, and nine (9) senior high aged students.
Sincerely,
Jim Carberry,
Administrator of Support Services
BOARD OF TRUSTEES
Rex Harrison • Wally Hedrick • Holly Houfburg 9 David Wynkoop 9 Steve Mann
• i
SUBDIVISION EVALUATION SHEET
Proposed Development Name SHERBROOKE HOLLOWS NO. 3 City Meridian
Date Reviewed 02/11/99 Preliminary Stage Final XXX
Engineer/Developer Briggs Enqr. / Gem Park 2
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 existinq_street names shall appear on the plat.
"EAST VICTORY ROAD"
"E. MACKAY DRIVE"
"$. GOLD BAR AVENUE" is approved due to the alignment factor and shall appear on plat
"E. POWDER RIVER DRIVE" is approved and shall appear on the plat
"S. GRIMES CREEK AVENUE„ is approved and shall appear on the plat
These findings are subject to recordation of the surrounding properties
The above stre6f 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, AGENCY REPRESENTATIVES OR
DESIGNEES
Ada County Engineer John Priester Date
Ada Planning Assoc. Ann Hurley Date
City of Meridian Representative LJDate
Fire District Meridian Representative �4'2 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 Illi
Sub Index Street Index 3N 1 E 20 Section
I
NUMBERING OF LOTS AND BLOCKS
TR%SU9S\SM CITY.FRM
CENTRAL CE kAL DISTRICT HEALTH D MENT
•• DISTRICT w Environmental Health Divisio I®
MTEALTH Return to:
FEB 1 21999E Boise a
DEPARTMENT ❑°Eagle
., City of Meridian ❑ Garden City
-Rezone # _' City Clerk Office
Conditional Use Meridian
❑ Kuna
Preliminary incl Short Plat cS�j e� ao.�� o �� /s���il/�Jia�, ❑ AGZ
❑
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. F ''
c R p e
❑
5.
Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
`
❑ high -season al ground water ❑ waste flow characteristics
❑' or bedrock from original grade ❑ other
v ; ❑
6.
This office will require a study to assess`the impact of nutrients and pathogens to receiving ground'waters and/ort
`{
surface waters.
e 4 y e
❑
7.,
i
This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability, ry `
8.
After written approval from appropriate entities are submitted, we can approve this proposal for: v
k
C9 central sewage ❑ community sewage system ❑ community water well 4
❑ interim sewage ® central water
❑ individual sewage ❑ individual water
r 4 h
®
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 central water °
°
�]
1+9. 'i
°
Run-off is not to create a mosquito breeding problem.
❑
I I .,
f
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.
w
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 g
ee Q7`TCr C�1 � ., ��C'l'li/ryi Irl Gtlr Tl olJ f Dater
14.
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�S°✓'�r/y/ L✓�7 �1" %%?1/7 9 L'f� Pi��- Reviewed By: O
,
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CDHD 16191 rcb m. 1191..
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CENTRAL
O• DISTRICT
'HEALTH
DEPARTMENT TWIN OFFICE ' 707 N. Ar(%1SiRGNG 01. ' SCIS:, 10 8310,-0825 ' (:C8) 315.5211 - ,:1r 327.85CC
to prevrnt mrd treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment
STORINIWATER MANAGEMENT RECOMMENDATIONS
We recommend that stormwater be pretreated through a grassy swale prior to
discharge to the- subsurface to prevent impact to groundwater and surface water
quality. The engineers and architects involved with the -design of this project
should obtain current best management practices for stormwater disposal and
design a stormwater management system that is preventing groundwater and
surface water degradation. Manuals that could be used for guidance are:
1) State Of Idaho Catalog Of Stormwater Best Management Practices For
Idaho Cities And Counties. Prepared by the Idaho Division Of
Environmental Quality, July 1997.
2) Stormwater Best Management Practices Guidebook. Prepared by City Of
Boise Public Works Department, January 1997.
Scormwacer
3/98:dly
Servin, Va11ey, Elmore, Boise, and Ada Counties
Adc 1 Boise County Oftice
Ada -WIC Sctellite Oltice
Elmore County Office
Vclley County Office
7C3 N. l;t Streer
707 PI. armsrcng PI.
1606 RcCers
520 5. 8trn Street N.
titounrcin Hcme. t0 83647
?.O. cox 14 a5
Bose. 10 83704
Boise, i0 83705
Enviro. Hecltn: 587-9225
�'cCcn. 10. 9J6J8
Errruo. 327.7-74
Ph, J3--335_-"
Fomily Heclrr: 587-aX7
FIS. 634-7 194
Fcmdy !cnr.:: 327-74GC
FAX: 33- JJ �_•
WIC: 587.4409
FAX: 63--2174
Imr,.un¢Cncrs: 127.7450
izanc: s:
FA:(: 587.3521
$ert:cr PlurnriCn: 327-74c'0-
ynC 327.74a,8
FAX 327•�SCC
0
•
ORGANIZED 1904
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
10 February 1999rj cE+� Phones: Area Code 208
Y OFFICE: Nampa 466-7861
Will Berg, City Clerk FEB 2 2 1999 SHOP: Nampa 466-0663
City of Meridian
33 East Idaho CITY OF MERIDIAN
Meridian, ID 83642
RE: Final Plat.i or Sherbrooke Hollows No. 3 Subdivision
Dear Commissioners:
The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development
application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for
F further information.
All laterals and wasteways must be protected. All municipal surface drainage must be retained
on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must
I review drainage plans. The developer must comply with Idaho Code 31-3805. It is
recommended that irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District. `
,4
3
Sincerely,
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT �.
BH: dln
cc: File - Shop
File - Office
Water Superintendent
F
3
1. ✓ . ',�K�f3
Bol
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
•
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Phones: Area Code 208
16 February 1999 COOFFICE: Nampa A66-7861
SHOP: Nampa 466-0663
Kathy Stroschein
Briggs Engineering, Inc.
1800 W. Overland Road
Boise, ID 83705
RE: Land Use Change Application — Sherbrooke Hollows Subdivision No. 3
Dear Kathy:
Enclosed please find a Land Use Change Application for your use to file with the Irrigation
District for its review on the above -referenced development. If this development is under a
"rush" to be finalized, I would recommend that you submit a cashiers check, money order or
cash as payment of .the fees in order to speed the process up. if you submit a company or
personal check, it must clear the bank before processing the application.
Should this development be planning a pressure urban irrigation system that will be owned,
operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P.
Anderson, Water Superintendent for the Irrigation District, concerning the installation of the
pressure urban irrigation system. Enclosed is a questionnaire that you must fill out and return in
order to initiate the process of contractual agreements between you and the Irrigation District for
the ownership, operation and maintenance of the pressure urban irrigation system.
If you have any questions concerning this matter, please feel free to call on me at the District's
office or John P. Anderson at the District's shop.
Sincerely,
L", It. Y�nq_,L,
Donna N. Moore,
Assistant Secretary/Treasurer
cc: File
Water Superintendent
Gem Park II Partnership
Coonse, Richard & Connie
City of Meridian
enc.
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23.000
BOISE PROJECT RIGHTS 40.000
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of 51999,
by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party
of the first part, hereinafter called the "CITY", and Gem Park II , and Idaho General
Partnership, party of the second part, hereinafter called the "DEVELOPER", whose address is
P. O. Box 344, Meridian, Idaho 83642.
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and
by this reference incorporated herein as if set forth in full; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A,
Development Agreements, which provides that cities may enter into development agreements
with developers upon rezoning of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one when
land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned,
11-2-417 D; and
WHEREAS, an application for annexation and zoning of that certain property described
in Exhibit "A" was submitted, requesting zoning of Low Density Residential District (R-4)
and the DEVELOPER has submitted a subdivision final plat for said property; and
WHEREAS, the DEVELOPER made some representations at the public hearing before
the Meridian Planning and Zoning Commission as to how the land would be developed and what
improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation
or rezoning of property; and
WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this
agreement and acknowledges that this agreement was entered into voluntarily and at its urging
and request; and
WHEREAS, a request was made to the CITY to have the same annexed to said CITY, or
rezoned, and the DEVELOPER has submitted to the CITY a Plat thereof which has been
approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted
and approved Findings of Fact and Conclusions of Law; and,
WHEREAS, the Findings of Fact and Conclusions of Law required that the
DEVELOPER enter into a Development Agreement; and
960706\devel-agr
SHERBROOKE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 1
WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law
annexed or rezoned the property subject to de -annexation if the DEVELOPER did not enter into
a Development Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to
this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area,
as follows:
1. That the above recitals are contractual and binding and are incorporated herein as
if set forth in full, and the terms of this agreement cannot be altered, changed or
modified without the express written consent of the CITY.
2. That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit "A":
a. Submit a subdivision plat application of the property to the CITY to be
approved by the CITY and recorded in the Ada County Recorder" office
prior to any development.
b. That the property zoned R-4 , described in "Exhibit A", shall have lot
sizes of at least Eight Thousand ( 8,000) square feet, which is the
size represented at the City hearings, and shall meet all of the requirements
of the R-4 zone including a minimum house size of Fourteen Hundred
(1,400) square feet, and have no duplex units, townhouses, or patio homes
constructed on said property.
C. That there shall be no change to increase the number of lots or reduce the
size of lots as shown in the preliminary plat by the DEVELOPER and
approved by the City, which is incorporated herein as if set forth in full
herein.
3. That DEVELOPER will file or cause to be filed with the City Engineer, a
complete set of "Subdivision Improvement Plans" (Improvement Plans") showing
all streets, utilities, pressurized irrigation facilities, fire hydrants, extensions of
water lines to and along the exterior boundary of such property, landscaping,
drainage, street and other similar signing and barricades, and other such
improvements contemplated within the development, which Improvement Plans
and all improvements shown thereon shall meet the approval of the City Engineer.
Said Improvement Plans are incorporated herein and made a part hereof by
reference.
4. That DEVELOPER will, at his or their own expense, construct and install all
960706\devel-agr
SHERBROOKE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 2
sanitary sewers, storm drains, pumping stations, water mains and appurtenances,
fire hydrants, curbs and gutters, pressurized irrigation system, electrical
transmission lines, natural gas lines, telephone lines, sidewalks, cross drains,
street, street surfacing, street signs, and barricades as well as any and all other
improvements shown on the Improvement Plans as reviewed and approved by the
CITY.
DEVELOPER agrees that no Certificates of Occupancy will be issued for any
building or use on a lot until all improvements have been installed, completed and
accepted by the CITY for any phase.
5. That DEVELOPER will construct and install all such improvements in strict
accordance with the filed and approved plat and Improvement Plans, and the City
Standard Engineering Drawings and Standard Engineering Specifications current
and in effect at the time the construction of said improvements is accomplished.
6. That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what improvements he intends to
complete and the time schedule therefor; and agrees to make such modifications
and/or construct any temporary facilities necessitated by such phased construction
work as shall be required and approved by the City Engineer.
7. That DEVELOPER will have "corrected" original drawings of the Improvement
Plans of all said improvements prepared by a Registered Professional Engineer
and will provide the CITY with said Plans or a duplicate mylar copy of said Plans.
The Improvement Plans of the proposed improvements shall be "corrected" to
show the actual constructed location (both horizontally and vertically) of the
various water and sewer lines, all utility lines, and pressurized irrigation lines and
their individual building service lines, the curb and gutter alignment and grades,
etc. The "corrected" Subdivision Improvement Plans shall include a
"Certification" thereon, signed by the Registered Professional Engineer in charge
of the work, that said Plans of the various improvements are true and correct
8. That DEVELOPER shall, immediately upon the completion of each of the two
phases of said development, notify the City Engineer and request his inspection
and written acceptance of such completed improvements or portion thereof.
9. That DEVELOPER agrees, that upon a Finding by the City Council, duly entered
in the official minutes of the proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need to be completed in the interest
of the health, welfare and/or safety of the inhabitants of the CITY, the
DEVELOPER will, within a reasonable time as determined by the CITY,
construct said needed improvements, or, if he does not so construct within a
reasonable time after written notification of such Council action, and the CITY
thereafter determines to construct, and does construct such improvement, or
960706\devel-agr
SHERBROOKE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 3
improvements, the DEVELOPER will pay to the CITY the actual costs paid or
incurred by the CITY for such improvements so constructed by the CITY, plus
interest thereon at an annual interest rate equal to the prime interest rate of First
Security Bank of Idahol�us five percent (5.0%) until paid, said payment to be
made in such manner and under such terms as the CITY shall order after
conference with the DEVELOPER. Provided, however, the City Council shall
not make the Finding set forth in this paragraph except at a regular or special
meeting of the City Council, duly held, and unless the DEVELOPER has been
notified in writing of the time and place of such meeting at least three (3) days
prior thereto and has been given an opportunity to be present in person or by
counsel, and to be heard on the merits of the proposed Finding.
10. That DEVELOPER agrees that upon his, its, or their having received written
notification from the City Engineer, that any of the requirements herein specified
have not been complied with, that the CITY shall have the right to withhold the
issuance of any Certificates of Occupancy within such phase and/or shall have the
right to withhold the providing of culinary water service to any part, parcel, or
portion of such annexed area until such time as all requirements specified herein
have been complied with; provided, however, the DEVELOPER shall have the
right to appear before the City Council at any regular meeting after any Certificate
of Occupancy or any water service shall have been withheld for reasons set forth
in this paragraph, and shall have the right to be heard as to why such Certificate of
Occupancy should be issued or water service allowed. The Council shall then
decide whether said Certificate of Occupancy shall be issued or water service to
said property allowed, and its decision shall be final, except that the rights of the
parties are preserved at law and equity including, but not limited to, the right of
appeal to a court of appeal to a court of competent jurisdiction.
11. DEVELOPER agrees that, in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, install the improvements
and declare the entire cost of said improvements to be immediately due and
payable and may seek to collect such sums in the manner provided by law, or may
pursue any other remedy set forth herein or as may be available in law or equity.
In the event of such declaration, all sums due shall bear interest at the prime
interest rate of First Security Bank of Idaho, plus five percent (5%) per annum,
until paid.
12. The CITY may also require surety bonds, irrevocable letters of credit, cash
deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the
Revised and Compiled Ordinances of the CITY of Meridian, to insure the
installation of the improvements, and the DEVELOPER agrees to provide such, if
required by the CITY.
13. That DEVELOPER agrees that as security for the construction by the
DEVELOPER of the Project Improvements, the CITY shall require from the
960706\devel-agr
SHERBROOKE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 4
0 9
DEVELOPER irrevocable letter(s) of credit, cash deposit(s), certified check(s), or
negotiable bond(s) as allowed under Section 11-9-606 C of the Revised and
Compiled Ordinances of the City of Meridian, and the CITY shall have the right
to withhold a building permit with respect to any lot within the property until the
same is provided by the DEVELOPER. Said improvements shall include, but not
be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage
piping, pressurized irrigation system, landscaping and berming, and fencing.
14. That DEVELOPER agrees, in recognition of the unique and peculiar
circumstances relative to this development, to the special conditions set forth in
Exhibit `B" attached hereto and by this reference made a part hereof, and agrees
to construct a perimeter fence around construction areas to contain debris prior to
any construction, except where roadways and streets for access are located and
except where the CITY has agreed in writing that such fencing is not necessary.
15. That DEVELOPER agrees that those portions of the water main, as identified in
Exhibit "B" hereto, including any water line extensions, increased line size or
capacity, are required because of future service needs originating from properties
not owned by DEVELOPER and located within the vicinity of the subject
development. That sound planning requires construction thereof at the present
time in order to accommodate future expansion and development. In recognition
of the cost savings which can be accomplished by construction of such excess
capacity and/or improvements separately or at a later time, DEVELOPER agrees
to design and construct such facilities subject to the CITY's agreement to enter
into a late comers agreement to reimburse DEVELOPER for a portion of the costs
of such excess capacity. DEVELOPER agrees to obtain three independent bona
fide bids for the performance of such work from qualified and responsible
contractors and shall deliver copies of such bids to the CITY prior to the
commencement of such work. Such bids shall be solicited and itemized in a
manner which allows clear and specific identification of that portion of the
construction work for which the CITY may possibly agree to enter into a late
comers agreement. The CITY's obligation to enter into a late comers agreement
to help DEVELOPER to pay for such costs shall be limited to the lowest of such
bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER
to perform the work.
16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until
all improvements are completed, unless the CITY and the DEVELOPER have
entered into an addendum agreement stating when the improvements will be
completed in a phased development; in any event, no Certificates of Occupancy
shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
960706\devel-agr
SHERBROOKE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 5
17. That DEVELOPER agrees that any notice required by this Agreement shall be
deemed delivered if and when personally delivered or deposited in the United
States mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY of Meridian:
City Engineer
City of Meridian
33 East Idaho
Meridian, ID 83642
With copy to:
Wayne G. Crookston, Jr.
33 E. Idaho Street
Meridian, Idaho 83642
DEVELOPER:
Gem Park II
P. O. Box 344
Meridian, Idaho 83642
A party shall have the right to change its address by delivering to the other party a
written notification thereof in accordance with the requirements of this Section.
The parties may at any time hereafter modify or amend this Agreement by a
subsequent written agreement executed by the parties. This Agreement shall not,
however, be changed orally, nor shall it be deemed modified in any way by the act
of any of the parties hereto. Nothing herein is intended, nor shall it be construed,
as obligating a party to agree to any modification of this Agreement.
18. That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
19. All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPER'S heirs, successors or assigns.
20. This Agreement shall become valid and binding only upon its approval by the
City Council and execution of the Mayor and City Clerk.
21. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian
and the property shall be subject to de -annexation if the owner or his assigns,
heirs, or successors shall not meet the conditions contained in the Findings of Fact
and Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian, and the Comprehensive Plan of the City of Meridian which
was approved and adopted on January 4, 1994.
960706\devel-agr
SHERBROOKE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 6
•
•
DATED the date, month and year first appearing.
DEVELOPER:
By Greg Johnson, Managing Partner
CITY OF MERIDIAN:
Robert D. Corrie, Mayor
William G. Berg, Jr., City Clerk
960706\devel-agr
SHERBROOKE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 7
STATE OF IDAHO )
L1
County of Ada
On this day of , 1999, before me, the undersigned, a Notary Public
in and for said State, personally appeared Greg Johnson , known, or proved to me, to
be the President and Secretary of said corporation that executed this instrument and the persons
who executed the said instrument on behalf of said corporation, and acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at:
(SEAL) My Commission Expires:
STATE OF IDAHO )
ss.
County of Ada)
On this day of , 1999, before me, the undersigned, a Notary Public
in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR..,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed
this instrument and the persons who executed the said instrument on behalf of said corporation,
and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at:
(SEAL) My Commission Expires:
960706\devel-agr
SHERBROOKE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 8
•
EXHIBIT "A"
•
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
GEM PARK II
A parcel of land being a portion of the SE % of the SW % of Section 20, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, said parcel being more particularly
described as follows:
Commencing at the iron pin marking the corner common to Sections 19, 20, 29 and 30, T. 3N.,
R. 1E., B. M., Ada County, Idaho;
Thence S 89134'22" E 1,340.30 feet along the southerly boundary of the SW % of said Section
20 to the SW corner of the SE % of the SW % of said Section 20, thence N 00034'24" E 25.00
feet to a point on the northerly right-of-way of E. Victory Road the REAL POINT OF
BEGINNING of this description;
Thence N 00034'24" E 506.00 feet along the westerly boundary of the SE % of the SW Y4 of
said Section 20 to a point;
Thence S 89032'04" E 639.99 feet to a point on the easterly boundary of the W Y2 of the SE
of the SW % of said Section 20;
Thence S 00134'22" W 505.60 feet along the easterly boundary of the W Y2 of the SE % of the
SW % of said Section 20 to a point on the northerly right-of-way of E. Victory Road;
Thence N 89134'12" W 640.00 feet along the said right-of-way to the REAL POINT OF
BEGINNING of this description, said parcel containing 7.80 acres, more or less.
EXHIBIT "A" 980706
SHERBROOKE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page I of I
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
GEM PARK II
This subdivision is for 24 Single -Family dwelling units with an overall density of 3.16 dwelling
units per acre. The DEVELOPER shall:
1. DEVELOPER shall develop the property described in Exhibit "A" as a 24 lot Single
Family Residential Development pursuant to §11-9-607 of the Meridian Zoning and
Department Ordinance.
2. DEVELOPER agrees to comply with the requirements of the Meridian Police
Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning
Director, Ada County Highway District (hereinafter "ACRD"), Central District Health
Department and the Nampa -Meridian Irrigation District.
3. DEVELOPER covenants and agrees that, in connection with the development of the
Subject Property as may be approved by the CITY pursuant to the Preliminary Plat
Application filed by DEVELOPER, DEVELOPER shall, at its cost and expense, do and
perform the following:
a. Landscaping — Victory Road. Construct a landscape strip within the Subject
Property along the full length of the Subject adjacent to the north right-of-way
line of Victory Road ("Victory Road Landscaping"). The Victory Road
Landscaping shall be a minimum of twenty feet (20') in width beyond required
ACHD right-of-way. The Victory Road Landscaping will be landscaped and
sprinkler irrigated in accordance with a landscape plan to be submitted by
DEVELOPER and approved by the CITY.
b. Sidewalk — Victory Road. Prior to obtaining a building permit on the Subject
Property, deposit funds with the Ada County Highway District for construction of
a five-foot (5') concrete sidewalk or construct along the full length of the Subject
Property adjacent to the south boundary of the subject property ("Victory Road").
The Victory Road Sidewalk shall be constructed in accordance with the standards
and specifications of the Ada County Highway District (hereafter "ACHD") in
effect at the time of construction.
C. Dedication/Sale of Additional Right -of -Way -Victor. Dedicate or sell land
adjacent to the existing north right-of-way line of Victory Road required to meet
ACHD's requirement for a forty -eight -foot (48') right-of-way from the centerline
of Victory Road, including any necessary bike lanes.
EXHIBIT "B" 980706
SHERBROOKE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 3
d. Internal Roads. Construct' the internal roads through the Subject Property as
shown on the final plat at the time of development of the Subject Property. The
roads shall be in the location and of the dimensions shown on the approved plat
and as approved by Ada County Highway District.
e. Subdivision Plat(s). DEVELOPER shall timely prepare, submit, and obtain the
required approval by the CITY of a subdivision plat for the Subject Property, said
plat to be in conformity with the requirements of the Ordinances of the City of
Meridian and State Code and preliminary plat approval.
f. Plan Approvals. Timely submit and obtain the required approval by the City of
all building plans, lighting plans, landscaping plans, and other plans relating to the
development of the Subject Property in accordance with the Meridian City
Ordinances.
g. Compliance with ACHD Conditions of Approval. In the development of the
Subject Property, comply with the terms and conditions of the approval by ACHD
of the development of the Subject Property, as set forth in the ACHD Staff
Report. A master drainage plan shall be submitted to ACHD and shall be
approved prior to construction of the development. In cases where ACHD's and
the CITY's conditions of approval conflict, the conditions which are more
restrictive shall take precedence.
h. Canals, Ditches and Waterways. Tile all canals, ditches and other waterways on
the Subject Property and submit evidence of appropriate approvals from the
irrigation district and/or downstream water users.
i. Water and Sewer Service. Connect all water and sewer facilities within the
Subject Property to the municipal water and sewer service of the City of Meridian.
All water and sewer facilities constructed or installed by DEVELOPER on the
Subject Property shall be in accordance with plans and specifications therefor
which shall be first approved by the CITY.
j. Landscaping — General. Construct and install all landscape areas, as shown on
plans to be submitted and approved by the CITY, with sod and sprinkler irrigation
system. All shrubs and trees planted on the Subject Property will comply with the
CITY's landscape requirements, unless otherwise expressly approved by the
CITY.
4. Lighting. All lighting will be designed in accordance with Meridian Ordinance Section
2-414.D.3 and approved by the Meridian City Engineer. No glare or illumination of
adjacent properties, as determined by the CITY, will be permitted.
EXHIBIT "B" 980706
SHERBROOKE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 3
5. Maintenance of Landscaping. All landscaping referenced in this agreement shall be
perpetually maintained in a neat, aesthetically pleasing and workmanlike manner by the
DEVELOPER or the Sherbrooke Hollows Home Owners Association.
6. Pressurized Irri ag tion. Provide pressurized irrigation to all lots within this subdivision.
Evidence of approvals from appropriate irrigation District/canal Company and
downstream water users must be submitted to the City.
7. Fencing. Perimeter fencing (required prior to obtaining building permits). The fence
shall be six feet (6') in height and shall be permanent and constructed of non-combustible
materials.
8. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet all Ordinances of the CITY.
9. Extension of the Nine Mile Sewer Trunk Line. The applicant will be responsible for
extension of the Nine Mile Sewer Trunk line. The sewer trunk line will be extended
through the subject property to Victory Road.
10. The developer shall be responsible for payment of assessments, and the actual physical
connection to the municipal sewer and water system, of the existing home located on Lot
21, Block 7. Fees are to be paid prior to signature of City Engineer on the final plat.
EXHIBIT "B" 980706
SHERBROOKE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of 3
4'd
g:
DRAFT
ti
MASTER
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
SHERBROOKE HOLLOW SUBDIVISION
THIS MASTER DEa.ARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
SHERBRUUKE AOi.l,uUl SUBDIVISION is made effective as of the `�'.1 of 1
1997, by Gem Park II, an Idaho General Partnership ("Grantor" and "Class B
Member"). z
A
TABLE OF CONTENTS
Page
ARTICLE I: RECITALS.........................................................1
1.1 Property Covered ................................................ 1
1.2 Residential Development .......................................... 1
1.3 Purpose of Master Declaration ....................................... 1
ARTICLE II: DECLARATION.....................................................1
ARTICLE III: DEFINITIONS......................................................
1
3.1
"Architectural Committee" .........................................
1
3.2
"Articles".....................................................2
3.3
"Assessments"..................................................2
.. 3.4
"Association" .... ..................
2
3.5
"Association Rules" ..............................................
2
3.6
"Board"......................................................2
3.7
"Building Lot" ..................................................
2
3.8
"Bylaws"......................................................2
3.9
"Common Area"................................................2
3.10
"Declaration"..................................................
2
3.11
"Grantor".....................................................2
3.12
"Improvement".................................................
2
3.13
"Limited Assessment" .............................................
2
3.14
"Local Association" ..............................................
2
3.15
"Local Association Board" ..........................................
2
3.16
"Local Common Area" ............................................
3
3.17
"Master Association" .............................................
3
3.18
"Member" ........................................... .........3
3.19
"Owner"......................................................3
3.20.
"Person" ....................................... ...........
3
3.21
"Plat..........................................................3
3.22
"Property".....................................................3
3.23
"Ridenbaugh Canal" ..............................................
3
3.24
"Regular Assessment" .............................................
3
3.25
"Special Assessment" .............................................
3
3.26
"Supplemental Declaration" ........................................
3
3.27
"Sherebrook Hollow Common Area" ..................................
3
3.28
"Sherebrook Hollow Subdivision" ....................................
4
3.29
"Tract".......................................................4
ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS .................................. 4
4.1 Structures - Generally ............................................. 4
4.1.1 Use. Size and Height of Dwelling Structure ....................... 4
4.1.2 Architectural Committee Review ...... 4
4.1.3 Setbacks and Height ....................................... 4
4.1.4 Accessory Structures ...................................... 5
4.1.5 Driveways..............................................5
4.1.6 Mailboxes ............................................. 5
4.1.7 Fencing ...............................................5
TABLE OF CONTENTS - i
ARTICLE V: SHEREBROOK HOLLOW HOMEOWNERS' (MASTER) ASSOCIATION ................ 9
5.1
4.1.8 Lighting ............................................... 5
4.2
Antennae ............... ....................................5
4.3
Insurance Rates ................................................. 5
4.4
No Further Subdivision' ............................................ 5
4.5
Si M ........................................................5
4.6
Nuisances......:..............................................6
4.7
Exterior Maintenance; Owner's Obligations .............................. 6
4.8
Drainage......................................................6
4.9
Grading......................................................6
4.10
Water Supply Systems ............................................ 7
4.11
No Hazardous Activities ........................................... 7
4.12
Unsightly Articles ............................................... 7
4.13
No Temporary Structures .......................................... 7
4.14
No Unscreened Boats, Campers and Other Vehicles ........................ 7
4.15
Sewage Disposal Systems .......................................... 7
4.16
No Mining or Drilling ............................................ 7
4.17
Energy Devices, Outside ........................................... 7
4.18
Vehicles ..................................... _................. .
4.19
Animals/Pets...................................................8
4.20
Landscaping...................................................8
4.21
Exemption of Grantor ............................................. 8
4.22
Water Rights Appurtenant to Subdivision Lands ........................... 9
4.23
Commencement of Construction ..................................... 9
ARTICLE V: SHEREBROOK HOLLOW HOMEOWNERS' (MASTER) ASSOCIATION ................ 9
5.1
Organization of Sherebrook Hollow Homeowners' Association ................
9
5.2
Membership...................................................^
5.3
Voting.......................................................9
5.3.1 Class A Members ........................................
10
5.3.2 Class B Members ........................................
10
5.4
Board of Directors and Officers .....................................
10
5.5
Power and Duties of the Master Association ............................
10
5.5.1 Powers...............................................10
5.5.1.1
Assessments ...... ................ ...
10
5.5.1.2
Right of Enforcement ..............................
10
5.5.1.3
Delegation of Powers ..............................
11
5.5.1.4
Association Rules .................................
11
5.5.1.5
Emergency Powers ...............................
11
5.5.1.6
Licenses, Easements and Rights -of -Way ..................
11
5.5.2 Duties...............................................12
5.5.2.1
Operation and Maintenance of Sherebrook Hollow Common Area
.............................................12
5.5.2.2
Reserve Account .................................
12
5.5.2.3
Maintenance of Berms, Retaining Walls and Fences .........
12
5.5.2.4
Taxes and Assessments .............................
12
5.5.2.5
Water and Other Utilities ...........................
12
5.5.2.6
Insurance ......................................
13
5.5.2.7
Rule Making ....................................
13
5.5.2.8
Newsletter .....................................
13
5.5.2.9
Architectural Committee ............................
13
5.5.2.10
Enforcement of Restrictions and Rules ..................
14
5.6
Personal Liability ...............................................
14
5.7
Budgets and Financial Statements ...................................
14
TABLE OF CONTENTS - ii
0 0
5.8 Meetings of Master Association ..................................... 14
ARTICLE VI:
LOCAL ASSOCIATIONS .............................................
14
6.1
Creation by Grantor .............................................
14
6.2
Management, Powers and Duties ....................................
15
6.3
Members of Local Associations .....................................
15
6.4
Voting in Local Associations .......................................
15
Method of Foreclosure ...........................................
6.4.1 Class A Members .........................................
15
Required Notice ...............................................
6.4.2 Class B Member .......................................
15
6.5
Annual Meetings of Local Association ................................
15
6.6
Special Meetings ................................................
16„
6.7
Quorum and Officers of Meetings ...................................
16
6.8
Powers and Duties ..............................................
16
ARTICLE VII: RIGHTS TO COMMON AREAS ........................................ 16
7.1 Use of Sherebrook Hollow Common Area ............................. 16
7.2 Designation of Common Area ......... 17
7.3 Delegation of -Right to Use ,............ :...-: .......:............. _17.
7.4 Damages.....................................................17
ARTICLE VIII: PRESSURIZED IRRIGATION .......................................... 17
8.1 Irrigation District Service ......................................... 17
8.2 No Private System .............................................. 17
8.3 Water Master ................................................ 17
ARTICLE IX: ASSESSMENTS.................................................... 17
9.1
Covenant to Pay Assessments ......................................
17
Right to Enforce ...............................................
9.1.1 Assessment Constitutes Lien ................................
18
Assessment Liens ...............................................
9.1.2 Assessment is Personal Obligation ............................
18
9.2
Regular Assessments ............................................
18
10.2.2 Claim of Lien ..........................................
9.2.1 Purpose of Regular Assessments .............................
18
Method of Foreclosure ...........................................
9.2.2 Computation of Regular Assessments ..........................
18
Required Notice ...............................................
9.2.3 Amounts Paid by Owners ..................................
18
9.3 . ,.
Special. Assessments.r..............._..,................_......,...............
19--
Rights of Mortgagees ............................................
9.3.1 Purpose and Procedure ...................................
19
9.3.2 Consistent Basis of Assessment ..............................
19
9.4
Limited Assessments ............................................
19
9.5
Uniform Rate of Assessment .......................................
19
9.6
Assessment Period ..............................................
19
9.7
Notice and Assessment Due Date ......... ,...........................
19
9.8
Estoppel Certificate .............................................
19
9.9
Special Notice and Quorum Requirements .............................
20
ARTICLE X: ENFORCEMENT OF ASSESSMENTS; LIENS .................................
20
10.1
Right to Enforce ...............................................
20
10.2
Assessment Liens ...............................................
20
10.2.1 Creation ..............................................
20
10.2.2 Claim of Lien ..........................................
20
10.3
Method of Foreclosure ...........................................
21
10.4
Required Notice ...............................................
21
10.5
Subordination to Certain Trust Deeds .................................
21
10.6
Rights of Mortgagees ............................................
21
TABLE OF CONTENTS - iii
ARTICLE XI: INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS ..................... 21
11.1 Member's Right of Inspection ...................................... 21
11.2 Rules Regarding Inspection of Books and Records ........................ 21
11.3 Director's Rights of Inspection ...................................... 22
ARTICLE XII:
ARCHITECTURAL COMMITTEE ........................................
22
12.1
Creation.....................................................22
25
12.2
Grantor's Right of Appointment .....................................
22
12.3
Review of Proposed Construction ...................................
22
14.3
12.3.1 Conditions on Approval ...................................
22
13.4
12:3.2 Architectural Committee Rules and Fees ........................
22
13.5
12.3.3 Detailed Plans ...........................................
23
13.6
12.3.4 Architectural Committee Decisions ............................
23
12.4
Meetings of the Architectural Committee ..............................
23
12.5
No Waiver of Future Approvals .....................................
23
12.6
Compensation of Members ........................................
23
12.7
Inspection of Work .............................................
23
12.8
Non -Liability of Architectural Committee Members ...........................
24
12.9
Variances....................................................24
12.10 Local Architectural Committee ...................................... 24
ARTICLE XIII:
EASEMENTS.....................................................
25
13.1
Easements of Encroachment ........................................
25
13.2
Easements of Access ..............................................
25
13:3
Drainage"and Utility Easements .....................................
25
14.3
13.3.1 Improvement of Drainage and Utility Easement Areas ...............
25
13.4
Rights and Dudes Concerning Utility Easements ..........................26
Enforcement and Non -Waiver .......................
13.5
Driveway Easements .............................................
26
13.6
Disputes as to Sharing of Costs .....................................
26
13.7
General Landscape Easement .......................................
26
13.8
Overhang Easement .............................................
26
13.9
Maintenance and Use Easement Between Walls and Lot Lines ................
26
ARTICLE, XIV::,
MISCELLANEOUS ..................................... .
14.1
Term ........................................
14.2
Amendment ...................................
14.2.1 B Grantor .............................
14.2.2 By Owners .............................
14.2.3 Effect of Amendment ......................
14.3
Mortgage Protection ......................... .. .
14.4
Notices ......................................
14.5
Enforcement and Non -Waiver .......................
14.5.1 Right of Enforcement ......................
14.5.2 Violations and Nuisances ...................
14.5.3 Violation of Law .........................
14.5.4 Remedies Cumulative ......................
14.5.5 Non -Waiver ............................
14.6
Interpretation '................................. .
14.6.1 Restrictions Construed Together ...............
14.6.2 Restrictions Severable ......................
14.6.3 Singular Includes Plural ....................
14.6.4 Captions ...............................
14.7 Successors and Assigns ............................
TABLE OF CONTENTS - iv
...............27
..............27
..............27
..............27
..............27
..............27
..............27
..............27
..............28
. ..............28
..............28
..............28
..............28
...............28
...............28
...............28
...............28
...............28
...............28
...............28
•
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY ........................................ 30
EXHIBIT B
LEGAL DESCRIPTION OF
SHEREBROOK HOLLOW COMMON AREA ................................... 31
EXHIBIT C
LEGAL DESCRIPTION OF SHEREBROOK HOLLOW TRACTS ....................... 32
TABLE OF CONTENTS - v
0 •
ARTICLE 1: RECITALS
1.1 Property Covered. The property potentially subject to this Master Declaration of Covenants,
Conditions and Restrictions for Sherebrook Hollow Subdivision ("Master Declaration") is the Property legally
described in Exhibit A attached hereto and made a part hereof (the "Property"). Grantor intends to develop
the Property in stages, which initial stage is more fully described in Exhibit C to this Master Declaration. Each
development stage shall constitute a Tract, as defined herein.
1.2 Residential Development. Sherebrook Hollow Subdivision is a residential development,
which Grantor currently intends to develop in accordance with existing development approvals obtained by
the City of Meridian and documented in Meridian City files , or any other development plan(s)-
for which Grantor may from time to time obtain approval. Certain portions of the Property may be developed
for quality detached single-family residential homes. The Property may contain parcels of Common Area,
including streams and canals, public and/or private open space, park areas, landscaping, recreational facilities,
private streets, drives, and other amenities and facilities. Any development plans or schemes for the Property
in existence prior to or following the effective date of this Master Declaration are subject to change at any time
by Grantor, and impose no obligation on Grantor as to how the Property is to be developed or improved.
1.3 Purpose of Master Declaration. The purpose of this Master Declaration is to set forth the
basic restrictions, covenants, limitations, easements, conditions and equitable servitudes (collectively
"Restrictions") that will apply to the entire development and use of all portions of the Property. The
Restrictions are designed to preserve the Property's value, desirability and attractiveness, to ensure a well
integrated, high-quality development, and to guarantee adequate maintenance of the Common Area, and the
Improvements located thereon in a cost effective and administratively efficient manner.
ARTICLE 11: DECLARATION
Grantor hereby declares that the Property, and each lot, parcel or portion thereof, is and/or shall be
.held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the
following terms, covenants, conditions, easements and restrictions, all of which are declared and agreed to be
in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the
Property, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants,
conditions, easements and restrictions set forth herein: shall run with the land constituting the Property, and
.:..with each estate.therein, and shall be binding upon all persons having or acquiring any right, title or interest
in the Property or any lot, parcel or portion thereof; shall inure to the benefit of every ioi; parcel or portion
of the Property and any interest therein; and shall inure to the benefit of and be binding upon Grantor,
Grantor's successors in interest and each grantee or Owner and such grantee's or Owner's respective
successors in interest, and maybe enforced by Grantor, by any Owner or such Owner's successors in interest,
or by the Master Association or any Local Association.
Notwithstanding the foregoing, no provision of this Master Declaration shall be construed as to
prevent or limit Grantor's right to complete development of the Property and to construct improvements
thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities
on any portion of the Property, including the Common Area or any public right-of-way, nor Grantor's right to
post signs incidental to construction, sales or leasing.
ARTICLE III: DEFINITIONS
3.1 "Architectural Committee" shall mean the committee created by the Grantor or an
Association pursuant to Article XII hereof.
MASTER DECLARATION - 1
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3.2 "Articles" shall mean the Articles of Incorporation of an Association or other organizational
or charter documents of an Association.
3.3 "Assessments" shall mean those payments required of Owners, Master Association Members,
or Local Association Members, including Regular, Special and Limited Assessments of any Association as
further defined in this Master Declaration.
3.4 "Association" shall mean the Master Association and/or a Local Association, whichever is
appropriate in the context.
3.5 "Association Rules" shall mean those rules and regulations promulgated by an Association
governing conduct upon and use of the Property under the jurisdiction or control of an Association, the
imposition of fines and forfeitures for violation of Association Rules and regulations, and procedural matters
for use in the conduct of business of an Association.
3.6 "Board" shall mean the Board of Directors or other governing board or individual, if
applicable, of an Association.
3.7 "Building Lot" shall mean one or more lots within a Tract as specified or shown on any Plat
and/or by Supplemental Declaration, upon which Improvements may be constructed. The term "Building Lot"
shall include single-family residential lots, but shall not include the Common Area.
3.8 "Bylaws" shall mean the Bylaws of an Association.
3.9 "Common Area" shall mean any or all parcels of Sherebrook Hollow Common Area or
Local Common Area, whichever is appropriate in the context, and shall include, without limitation, all such
parcels that are designated as private streets or drives, common open space, common landscaped areas.
3.10 "Declaration" shall mean this Master Declaration as it may be amended from time to time.
3.11 "Grantor" shall mean Gem Park II, an Idaho general partnership, or its successor in interest,
or any person or entity to whom the rights under this Declaration are expressly transferred by River View
Ventures or its successor.
3.12 "Improvement" shall mean any structure, facility or system, or other improvement or object,
whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of
the Property, including but not limited to buildings, fences, streets, drives, driveways, sidewalks, bicycle paths,
curbs, landscaping, wildlife habitat improvements, signs, lights, mail boxes, electrical lines, pipes, pumps,
ditches, recreational facilities, and fixtures of any kind whatsoever.
3.13 "Limited Assessment" shall mean a charge against a particular Owner and such Owner's
Building Lot, directly attributable to the Owner, equal to the cost incurred by the Master Association or Local
Association for corrective action performed pursuant to the provisions of this Master Declaration or any
Supplemental Declaration, including interest thereon as provided in this Master Declaration or a Supplemental
Declaration.
3.14 "Local Association" shall mean any profit or not-for-profit Idaho corporation or
unincorporated association, or the successors of any of them, organized and established pursuant to the terms
of this Master Declaration or a Supplemental Declaration by Grantor.
3.15 "Local Association Board" shall mean the duly elected and qualified Board of Directors, or
other governing board or individual, if applicable, of a Local Association.
MASTER DECLARATION - 2
westpark\Sherebrookkiec
3.16 "Local Common Area" shall mean all real property in which a -Local Association holds an
interest or which is held or maintained for the mutual use and benefit of such Local Association and its
Members. Local Common Area may be established from time to time by Grantor on any portion of the
Property by describing such an area on a recorded Plat, by granting or reserving it in a deed or other
instrument, or by designating it as such in this Master Declaration on in any Supplemental Declaration. Local
Common Area may include easement and/or license rights.
3.17 "Master Association" shall mean the Idaho profit or non-profit corporation, its successors
and assigns, established by Grantor to exercise the powers and to carry out the duties set forth in this Master
Declaration or any Supplemental Declaration. Grantor shall have the power, in its discretion, to name the
Master Association the "'Sherebrook Hollow Homeowners' Association, Inc.", or any similar name which fairly
reflects its purpose.
3.18 "Member" shall mean each person or entity holding a membership in the Master
Association. Where specific reference or the context so indicates, it shall also mean persons or entities holding
membership in a Local Association.
- < 3.19 - "Owner" -shall mean the person or other legal entity, Including Grantor,- holding:fee simple
interest of record to a Building Lot which is a part of the Property, and sellers under executory contracts of
sale, but excluding those having such interest merely as security for the performance of an obligation.
3.20 "Person" shall mean any individual, partnership, corporation or other legal entity.
3.21 'Plat" shall mean any subdivision plat covering any portion of the Property as recorded at
the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded
amendments thereof.
3.22 "Property" shall mean those portions of the Property described on Exhibit A attached hereto
and incorporated herein by this reference, including each lot, parcel and portion thereof and interest therein,
including all water rights associated with or appurtenant to such property.
3.23 "Ridenbaugh Canal" shall mean that certain real property in which the Nampa and Meridian
Irrigation District holds an interest, which real property is identified on the Plat.
3.24 "Regular Assessment" shall mean the portion of the cost of maintaining, improving,
repairing, managing and operating the Common Areas and all Improvements located thereon, and the other
costs of an Association which is to be levied against the Property of and paid by each Owner to the Master
Association, or applicable Local Association, pursuant to the terms hereof or the terms of this Master
Declaration or a Supplemental Declaration.
3.25 "Special Assessment" shall mean the portion of the costs of the capital improvements or
replacements, equipment purchases and replacements or shortages in Regular Assessments which are
authorized and to be paid by each Owner to the Master Association, or applicable Local Association pursuant
to the provisions of this Master Declaration or a Supplemental Declaration.
3.26 "Supplemental Declaration" shall mean any supplemental declaration including additional
covenants, conditions and restrictions that might be adopted with respect to any portion of the Property.
3.27 "Sherebrook Hollow Common Area" shall mean all real property in which the Master
Association holds an interest or which is held or maintained, permanently or temporarily, for the common use,
enjoyment and benefit of the entire Sherebrook Hollow Subdivision and each Owner therein, which real
property is legally described in Exhibit B attached hereto and made a part hereof. Sherebrook Hollow
MASTER DECLARATION - 3
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Common Area may be established from time to time by Grantor on any portion of the Property by describing
it on a plat, by granting or reserving it in a deed or other instrument, or by designating it pursuant to this
Master Declaration or any Supplemental Declaration. Sherebrook Hollow Common Area is to be distinguished
from Local Common Area, which may or may not allow entry and use by those Owners who are not Members
of a Local Association or who.are not Owners within a particular Tract. Sherebrook Hollow Common Area
may include easement and/or license rights.
3.28 1 "Sherebrook Hollow Subdivision" shall mean the Property.
3.29 "Tract" shall mean a defined portion of the Property within which the contemplated
development involves a common use or compatible uses, and which may have been designed as a Tract by
recorded Supplemental Declaration. Each'Tract shall contain one or more Building Lots, and may be managed
to the extent permitted herein by a Local Association. Each Tract is legally described on Exhibit F, attached
hereto and made a part hereof.
ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS
4.1 Structures - Generally. All structures are to be designed, constructed and used in such a
manner as to promote compatibility between the types of use contemplated by this Master Declaration.
4.1.1 Use. Size and Height of Dwelling Structure. All Building Lots shall be used
exclusively for single-family residential purposes. No Building Lot shall be improved except with a
single-family dwelling unit or structure. No business or home occupation shall be conducted from
said dwelling unit or structure. Each one-story single-family dwelling unit or structure shall have a
minimum of ( ) square feet of livable space. Livable space shall not include
garages, car ports, patios, breezeways, storage rooms, porches or similar structures. Dwelling units
or structures located on Lot , Block Lot _, Block , and Lots , Block ,
shall be considered corner lots (referred to herein individually as "Corner Lot" or collectively as
"Corner Lots") and shall be not exceed one (1) story or.thirty (30) feet in height.
4.1.2 Architectural Committee Review. No Improvements which will be visible above
ground or which will ultimately affect the visibility of any above ground Improvement shall be built,
placed or materially altered on•or°removed fromi the Property unless and until the building
plans, specifications, and plot plan have been reviewed in advance by the Architectural Committee
(and, if required, by an applicable Local Architectural Committee pursuant to paragraph 12.10) and
the same have been approved in writing. The review and approval or disapproval may be based
upon the following factors: design and style elements, mass and form, topography, setbacks, finished
ground elevations, architectural symmetry, drainage, color, materials, physical or:aesthetic impacts
on other properties, including Common Areas, artistic conformity to the terrain and the other
Improvements on the Property, and any and all other factors which the Architectural Committee, in
its reasonable discretion, deem relevant. Said requirements as to the approval of the architectural
design shall apply only to the exterior appearance of the Improvements. This Master Declaration is
not intended to serve as authority for the Architectural Committee to control the interior layout or
design of residential structures except to the:extent incidentally necessitated by use, size and height
restrictions.
4.1.3 Setbacks and Height. No residential or other structure shall be placed nearer to
the Building Lot lines or built higher than permitted, by the Plat for the Tract in which the Building
Lot is located, by any applicable zoning restriction, by any conditional use permit, or by a building
envelope designated either by Grantor or the applicable Architectural Committee whichever is more
restrictive.
MASTER DECLARATION - 4
westpark\S he rebrookkfec
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4.1.4 Accessory Structures. Detached garages shall be allowed if in conformity with
the provisions of this Master Declaration, and as approved by the applicable Architectural Committee.
Garages and storage sheds shallbe constructed of, and roofed with, the same materials, and with
similar colors and design, as the residential structure on the applicable Building Lot. No playhouses,
playground equipment, pools, pool slides, diving boards, hot tubs, spas, or similar items shall extend
higher than five (5) feet above the finished graded surface of the Building Lot upon which such,item(s)
are located. Basketball courts, tennis courts or backboards shall be allowed in the back yard of any
Building Lot, provided that such courts or backboards are not visible from any street, and do not
promote noise or other nuisance that is offensive or detrimental to other property in the vicinity of
the Building Lot or offensive or detrimental to the occupants of such other property.
4.1.5 Driveways. All access driveways shall have a wearing surface of asphalt,
concrete, or other hard surface materials, and shall be properly graded to assure proper drainage.
•4.1.6 Mailboxes. All mailboxes will be of consistent design, material and coloration
and shall be located on or adjoining Building Lot lines at places designated by Grantor or the
Architectural Committee.
4.1.7 Fencin . No fence, hedge or boundary wall situated anywhere upon a Building
Lot shall have a height greater than six (6) feet above the finished graded surface of the Building Lot
or Common Area upon which such fence, hedge, or boundary wall is situated. Any fence or
boundary wall constructed on or near the lot line common to one or more Building Lots shall be
constructed as a "good neighbor" fence or wall. No fence shall be constructed so as to extend toward
the front of the Building Lot past the front°plane of the dwelling structure constructed thereon, or
closer than ten (10) feet to any side Building Lot line of a corner of a Building Lot adjacent to a
dedicated street. No fence, hedge, or boundary wall which obstructs site lines at'an elevation
between four ("4) and eight (8) feet above any street shall be placed or permitted io remain on any -
Corner Lot. All fencing and boundary walls constructed on any Building Lot shall be of compatible
style and material to that other fencing constructed adjacent to or abutting Common Areas, public and
private streets, and shall otherwise be as approved by the applicable Architectural Committee.
4.1.8 Lighting. Exterior lighting, including flood lighting, shall be part of the
architectural concept of the Improvements on a Building Lot. Fixtures, standards and all exposed
:.. accessories, shall be harmonious.with building design, and shall.be.as approved by the applicable
Architectural Committee. Lighting shall be restrained in design; and excessive brightness shall be
avoided.
4.2 Antennae. No exterior radio antenna, television antenna, satellite dish antenna or other
antenna of any type shall be erected or maintained on the Property unless it is located or screened in a manner
acceptable to the applicable Architectural Committee.
4.3 Insurance Rates. Nothing shall be done or kept on any Building Lot which will increase
the rate of insurance on any other portion of the Property without the approval of the Owner of such other
portion, nor shall anything be done or kept on the Property or a Building Lot which would result in the
cancellation of insurance on any property owned or managed by any such Association or which would be in
violation of any law.
4.4 No Further Subdivision. No Building Lot may be further subdivided.
4.5 Si ns. No sign of any kind shall be displayed to the public view without the approval of
the applicable Architectural Committee, except: (1) such signs as may be used by Grantor in connection with
the development of the Property and sale of Building Lots; (2) temporary signs naming the contractors, the
MASTER DECLARATION - 5
westpark\S he rebrook\dec
architect, and the lending institution for a particular construction operation; (3) such signs identifying
Sherebrook Hollow Subdivision, or informational signs, of customary and reasonable dimensions as prescribed
by the Architectural Committee may be displayed on or from the Common Area; and (4) one (1) sign of
customary and reasonable dimensions as prescribed`liy the Architectural Committee as may be'displayed by
an Owner other than Grantor on or from a Building Lot advertising the residence for sale or lease. A
customary "for sale" or "for Jease" sign not more than three (3) feet by two (2) feet shall not require
Architectural Committee approval. Without limiting the foregoing, no -sign shall be placed in the Common
`Area without the written approval of the applicable Architectural Committee.
4.6 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate
anywhere upon the Property, including Common Area or vacant Building Lots, and no odor shall be permitted
to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive or
detrimental to the Property or to its occupants, or to any other property in the vicinity thereof or'to its
occupants. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property
so as to be offensive or detrimental to the Property or to its occupants onto other property in the vicinity or
to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers,
- -- horns, whistles, bells or other sound devices (otherthan security devices used_ exclusively., for securitypurposes
which have been approved by the Master -Association); flashing lights or search lights, shall -be located, used --
or placed on the Property without the prior written approval of the Master Association.
4.7 Exterior Maintenance; Owner's Obligations. No Improvement shall be permitted to fall into
disrepair, and each Improvement shall at all times be kept in good condition and repair. In the event that any
Owner shall permit any Improvement, including trees and landscaping, which is the responsibility of such
Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive
condition, or damages property or facilities on or adjoining their Building Lot which would otherwise be an
Associations' responsibility to maintain, the Board of the Local Association of which such Owner is a Member
(or the Board of the Master Association if the Local Association fails to act), upon fifteen (15) days prior written
notice to the Owner of such property, shall have the right to correct such condition, and to enter upon such
Owner's Building Lot for the purpose of doing so, and such Owner shall promptly reimburse the Local or
Master Association, as the case may be, for the cost thereof. Such cost shall be a Limited Assessment and shall
create a lien enforceable in the same manner as other,, Assessments set forth in Article IX of this Master
Declaration. The Owner of the offending property shall be personally liable, and such Owner's property may
be`subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective
acts, plus all,costs incurred.im collecting the-amount"s due.. Each Owner, shall,pay. all amounts due for; such.,.,.,,
work within ten (10) days after receipt of written demand therefor, or the amounts may, at the option of the
Board, be added to the amounts payable by such Owner as Regular Assessments. Each Owner shall have the
remedial rights set forth herein if the applicable Associations fail to exercise their rights within a reasonable
time following written notice by such Owner.
4.8 Drainage. There shall be no interference with the established drainage pattern over any
portion of the Property, unless an adequate alternative provision is made for proper drainage and is first
approved in writing by the applicable, Architectural Committee. For the purposes hereof, "established"
drainage is defined as the system of drainage, whether natural or otherwise, which exists at the time the overall
grading of any portion of the Property is completed by Grantor, or that drainage which is shown on any plans
approved by the Architectural Committee, which may include drainage from Common Area over any Building
Lot in the Property.
4.9 Grading. The Owner of any Building Lot within the Property in which grading or other
work has been performed pursuant to a grading plan approved under applicable provisions of Meridian City
Code or by the Master or Local Association, shall maintain and repair all graded surfaces and erosion
prevention devices, retaining walls, drainage structures, means or devices which are not the responsibility of
the Ada Couniy Highway District, Nampa & Meridian Irrigation District, or other public agency, and plantings
MASTER DECLARATION - 6
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and ground cover installed or completed thereon. Such requirements shall be subject to Regular, 'Special, and
Limited Assessments, provided in Article IX herein, as may be applicable.
4.10 Water Supply Systems. No separate or individual water supply system, regardless of the
proposed use of the water to be delivered by such system, shall be permitted on any Building Lot unless such
system is designed, located, constructed and equipped in accordance with the requirements, standards and
recommendations of the Board of the Master Association and all governmental authorities having jurisdiction.
4.11 No Hazardous Activities. No activities shall be conducted on the Property, and no
Improvements constructed on any property which are or might be unsafe or hazardous to any person or
property.
4.12 Unsightly Articles. No unsightly articles shall be permitted to remain on any Building Lot
so as to be visible from any other portion of the Property. Without limiting the generality of the foregoing,
refuse, garbage and trash shall be kept at all times in such containers and in areas approved by the applicable
Architectural Committee. No clothing or fabrics shall be hung, dried or aired in such a way as to be visible
to other property, and no equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or
tree clippings, ings, P lant waste; metals; bulk material, scrap; refuse or trash shall be kept, stored or allowed to
accumulate on any Building Lot except within an enclosed structure or as appropriately screened from view.
No vacant residential structures shall be used for the storage of building materials.
4.13 No Temporary Structures. No house trailer, mobile home, tent (other than for short term
individual use), shack or other temporary building, improvement or structure shall be placed upon any portion
of the Property, except temporarily as may be required by construction activity undertaken on the Property.
4.14 No Unscreened Boats, Campers and Other Vehicles. No boats, trailers, campers, all -terrain
vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or unrepaired and unsightly vehicles or
similar equipment shall be placed upon any portion of the Property (including, without limitation, streets,
parking areas and driveways) unless the same are enclosed by a structure concealing them from view in a
manner approved by the applicable Architectural Committee. To the extent possible, garage doors shall remain
closed at all times.
4.15 Sewage Disposal Systems. No individual sewage disposal system shall be used on the
Prope r: Each atvmcr shall connect the appropriate facilities on such Owner's Building Lot to the Boise City
Sewer System and pay all charges assessed therefor.
4.16 No Mining or Drilling. No portion of the Property shall be used for the purpose of mining,
quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons, minerals, rocks,
stones, sand, gravel or earth. This paragraph 4.16 shall not prohibit exploratory drilling or coring which is
necessary to construct a residential structure or Improvements.
4.17 Energy Devices, Outside. No energy production devices, including but not limited to
generators of any kind and solar energy devices, shall be constructed or maintained on any portion of the
Property without the written approval of the applicable Architectural Committee, except for heat pumps shown
in the plans approved by the Architectural Committee. This paragraph 4.17 shall not apply to passive solar
energy systems incorporated into the approved design of a residential structure.
4.18 Vehicles. The use of all vehicles, including but not limited to trucks, automobiles, bicycles,
motorcycles and snowmobiles, shall be subject to all Association Rules, which may prohibit or limit the use
thereof within Sherebrook Hollow Subdivision. No on -street parking shall be permitted except where expressly
designated for -parking use. No parking bays shall be permitted in any side, front or backyard. Vehicles
parked on a driveway shall not extend into any sidewalk or bike path or pedestrian path.
MASTER DECLARATION - 7
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4.19 Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be kept on the
Property unless the presence of such creatures does not constitute a nuisance. This paragraph 4.19 does not
apply to the keeping of up to two (2) domesticated dogs, up to two (2) domesticated cats, and other household
pets which do not unreasonably bother or constitute a nuisance to others. Without limiting the generality of
the foregoing, consistent and/or chronic barking by dogs shall be considered a nuisance. Each dog in
Sherebrook Hollow Subdivision shall be kept on a leash, curbed, and otherwise controlled at all times when
such animal is off the premises of its owner. Such owner shall clean up any animal defecation immediately
from the Common Area or public right-of-way. Failure to do so may result, at the Board's discretion, with a
Limited Assessment levied against such animal owner. The construction of dog runs or other pet enclosures
shall be subject to applicable Architectural Committee approval, shall be appropriately screened, and shall be
maintained in a sanitary condition. Dog runs or other pet enclosures shall be placed a minimum of ten (10)
feet from the side and/or rear Building Lot line, shall not be placed in any front yard of a Building Lot, and
shall be screened from view so as not to be visible from Common Area or an adjacent Building Lot.
4.20 Landscaping. The Owner of any Building Lot shall sod the front and the side yards and
shall seed the back yard and landscape such Building Lot in conformance with the landscape plan approved
- by the Master or Local Association, and as approved by the applicable Architectural Committee, withinsixty
(60) days after said Owner shall occupy the dwelling structure on -said Building Lot, weather permitting. Prior
to construction of -improvements, the Owner (or any Association to which such responsibility has been
assigned) shall provide adequate irrigation and maintenance of existing trees and landscaping, shall control
weeds, and maintain the Owner's (or Association's) property in a clean and safe condition free of debris or
any hazardous condition. All trees located on common Building Lot lines shall be the joint responsibility of
the adjoining Building Lot owners. All landscaped Common Areas shall be irrigated by an underground
sprinkler system.
The Board and/or applicable Architectural Committee may adopt rules regulating landscaping
permitted and required. In the event that any Owner shall fail to install and maintain landscaping in
conformance with such rules or shall allow such Owner's landscaping to deteriorate to a dangerous, unsafe,
unsightly or unattractive condition, the Board, or the Board of the Local Association of which such Owner is
a Member, upon fifteen (15) days' prior written notice to such Owner, shall have the right to correct such
condition and to enter upon such Owner's property for the purpose of doing so, and such Owner shall
promptly reimburse the Master Association or Local Association for the cost thereof. Such cost shall be a
Limited Assessment and shall create a lien enforceable in the same manner as other Assessments as set forth
in Article -IX.,. - _--- -
Following commencement of any construction of any Improvement, construction shall be diligently,
pursued and completed as soon as reasonably practical. All landscaping on a Building Lot, unless otherwise
specified by the applicable Architectural Committee, shall be completed as soon as reasonably practical
following completion of the residential structure on such Building Lot.
4.21 Exemption of Grantor. Nothing contained herein shall limit the right of Grantor to
subdivide or resubdivide any portion of the Property, to grant licenses, to reserve rights-of-way and easements
with respect to Common Area to utility companies, public agencies or others, or to complete excavation,
grading and construction of Improvements to and on any portion of the Property owned by Grantor, or to alter
the foregoing and its construction plans and designs, or to construct such additional Improvements as Grantor
deems advisable in the course of development of the Property so long as any Building Lot in the Property
remains unsold. Such right shall include, but shall not be limited to, erecting, constructing'and maintaining
on the Property such structures and displays as may be reasonably necessary for the conduct of Grantor's
business of completing the work and disposing of the same by sales lease or otherwise. Grantor shall have
the right at any time prior to acquisition of title to a Building Lot by a purchaser from Grantor to grant,
establish and/or reserve on that Building Lot additional licenses, reservations and rights-of-way to Grantor, to
utility companies, or to others as may from time to time be reasonably necessary to the proper development
MASTER DECLARATION - 8
westpadAS he rebrookklec
and disposal of the Property. Grantor may use any structures owned by Grantor on the Property as model
home complexes or real estate sales or, leasing offices. Grantor need not seek or obtain Architectural
Committee approval of any Improvement constructed or placed by Grantor on any portion of the Property
owned by Grantor. The rights of Grantor hereunder may be assigned by Grantor to any successor in interest
in connection with Grantor's interest in any portion of the Property, by an express written assignment recorded
in the Office of the Ada County Recorder.
4.22 Water Rights Appurtenant to Subdivision Lands. Within 120 days of the date of the
recording of this Master Declaration, Grantor shall transfer from the Property subject to this Master Declaration,
and -within the boundaries of an irrigation entity, as defined in said Section 31-3805, Idaho Code, all water
rights and assessment obligations appurtenant to the Property to the Master Association.
4.23 Commencement of Construction. Any Owner of a Building Lot shall, within a period of
one (1) year following the date of purchase of a Building Lot from Grantor, commence the construction of a
dwelling structure in compliance with the restrictions herein, and such construction shall be completed within
six (6) months thereafter. The term "commence the construction" as used in this paragraph 4.23, shall require
-
actual physical construction activities. upon such dwelling structure upon such Building Lot. In the event such -
Owner shall fail or refuse to commence the construction -of a dwelling structure within said one (1) year
period, Grantor may, at Grantor's option, following the expiration of said one (1) year period, repurchase said
Building Lot from such Owner or the then Owner of such Building Lot at a repurchase price equivalent to the
money actually paid to Grantor, less any amount equivalent to ten (10) percent thereof. In the event Grantor
shall exercise Grantor's option to repurchase such Building Lot, upon tender of said repurchase price, Owner
or the then Owner of such Building Lot shall make, execute and deliver to Grantor a deed reconveying said
Building Lot, free and clear of all liens, which deed shall be binding upon all persons who may, at any time
hereafter, own or claim any right, title, or interest in such Building Lot, and the successors in title thereto,
whether acquired by voluntary act or through operation of law.
ARTICLE V: SHEREBROOK HOLLOW HOMEOWNERS' (MASTER) ASSOCIATION
5.1 Organization of Sherebrook Hollow Homeowners' Association. Sherebrook Hollow
Homeowners' Association, Inc. ("Master Association") shall be initially organized by Grantor as an Idaho non-
profit corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall
'tl. to le st d with.: h po 4 , r o * o a
_....___ be Charged Vviui u�c dtUti�cS�aird ii�L��wt� vr�u� t��2 powers.prescribed by la1=.and S.,t fOrth..n-.h., ArtICI.,S, Bylaws
and this Master Declaration. Neither the Articles nor the Bylaws shall be amended or otherwise changed or
interpreted so as to be inconsistent with this Master Declaration.
5.2 Membership. Each Owner, by virtue of being an Owner and for so long as such ownership
is maintained, shall be a Member of the Master Association and no Owner shall have more than one
membership in the Master Association. Memberships in the Master Association shall be appurtenant to the
Tract, Building Lot or other portion of the Property owned by such Owner. The memberships in the Master
Association shall not be transferred, pledged, assigned or alienated in any way except upon the transfer of
Owner's title and then only to the transferee of such title. Any attempt to make a prohibited membership
transfer shall be void and will not be reflected on the books of the Master Association.
5.3 Voting. Voting in the Master Association shall be carried out by Members who shall cast
the votes attributable to the Building Lots which they own, or attributable to the Building Lots owned by
Grantor. The number of votes any Member may cast on any issue is determined by the number of Building
Lots which the Member, including Grantor, owns. When more than one person holds an interest in any
Building Lot, all such persons shall be Members but shall share the votes attributable to the Building Lot. For
voting purposes, the Master Association shall have two (2) classes of Members as described below.
MASTER DECLARATION - 9
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5.3.1 Class A Members. Owners other than Grantor shall be known as Class A
Members. Each Class A Member shall be entitled to cast one (1) vote for each Building Lot owned
by such Class A Member on the day of the vote.
5.3.2 Class B Members. The Grantor shall be known as the Class B Member, and shall
be entitled to five (5) votes for each Building Lot of which Grantor is the Owner. The Class B
Member`shall cease to be a voting Member in the Master Association when the total cumulative votes
of the Class A Members equal or exceed the total votes of the Class B Members provided that the
Class B membership shall not cease before the expiration of ten (10) years from the date on which
the first Building Lot is sold to an Owner.
Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among
themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being
put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that
such Owner was acting with authority and consent of all joint Owners of the Building Lot(s) from which the
vote derived. The right to vote may not be severed or separated from the ownership of the Building Lot to
which it is appurtenant, except that any Owner may give a revocable proxy, or may.assign such Owner's right
to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term
of the lease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of such Building Lot to a
new Owner shall operate automatically to transfer the appurtenant voting right to the Owner, subject to any
assignment of the right to vote to a lessee, mortgagee, or beneficiary as provided herein.
5.4 Board of Directors and Officers. The affairs of the Master Association shall be conducted
and managed by a Board of Directors ("Board") and such officers as the Board may elect or appoint, in
accordance with the Articles and Bylaws, as the same may be amended -from time to time. The Board of the
Master Association shall be elected in accordance with the provisions set forth in the Master Association
Bylaws.
5.5 Power and Duties of the Master Association.
5.5.1 Powers. The Master Association shall have all the powers of a corporation
organized under the general corporation laws of the State of Idaho subject only to such limitations
upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, and this Master
Declaration.> The Master,"ssociation shall have he power to do any and all -la rful-things which may
be authorized, required or permitted to be done by the Master Association under Idaho law and
under this Master Declaration, and the Articles and Bylaws, and to do and perform any and all acts
which may be necessary to, proper for, or incidental to the proper management and operation of the
Common Area and the Master Declaration's other, assets, including water rights when and if received
from Grantor, and affairs and the performance of the other responsibilities herein assigned, including
without limitation:
5.5.1.1 Assessments. The power to levy Assessments on any Owner or
any portion of the Property and to force payment of such Assessments, all in accordance
with the provisions of this Master Declaration.
5.5.1.2 Right of Enforcement. The power and authority from time to time
in its own name, on its own behalf, or on behalf of any Owner who consents thereto, to
commence and maintain actions and suits to restrain and enjoin any breach or threatened
breach of this Master Declaration or the Articles or the Bylaws, including the Association
Rules adopted pursuant to this Master Declaration, and to enforce by injunction or
otherwise, all provisions hereof.
MASTER DECLARATION - 10
westpark\S herebrooWec
5.5.1.3 Delegation of Powers. The authority to delegate its power and
duties to committees, officers, employees, or to any person, firm or corporation to act as
manager, and to contract for the maintenance, repair, replacement and operation of the
Common Area. Neither the Master Association nor the members of its Board shall be liable
for any omission or improper exercise by the manager of any such duty or power so
delegated.
5.5.1.4 Association Rules. The power to adopt, amend and repeal by
majority vote of the Board such rules and regulations as the Master Association deems
reasonable. The Master Association may govern the use of the Common Areas, including
but not limited to the use of private streets by the Owners, their families, invitees, licensees,
lessees or contract purchasers; provided, however, that any Association Rules shall apply
equally to all Owners and shall not be inconsistent with this Master Declaration, the
Articles or Bylaws. A copy of the Association Rules as they may from time to time be
adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner.
Upon such mailing or delivery, the Association Rules shall have the same force and effect
as if they were set forth in and were a part of this Master Declaration. In the event of any
conflict between such Association 'Rules and any other -provisions of this Master
Declaration, or the Articles or Bylaws, the provisions of the Association Rules shall be
deemed to be superseded by the provisions of this Master Declaration, the Articles or the
Bylaws to the extent of any such inconsistency.
5.5.1.5 Emergency Powers. The power, exercised by the Master
Association or by any person authorized by it, to enter upon any property (but not inside
any building constructed thereon) in the event of any emergency involving illness or
potential danger to life or property or when necessary in connection with any maintenance
or construction for which the Master Association is responsible. Such entry shall be made
with as little inconvenience to the Owner as practicable, and any damage caused thereby
shall be repaired by the Master Association.
5.5.1.6 Licenses, Easements and Rights -of -Way. The power to grant and
convey to any third party such licenses, easements and rights-of-way in, on or under the
Common Area as may be necessary or appropriate for the orderly maintenance,
preservatscn and enjoyment of the Common Area, and for the preservation of the health,
safety, convenience and the welfare of the Owners, for the purpose of constructing,
erecting, operating or maintaining:
5.5.1.6.1 Underground lines, cables, wires, conduits or other
devices for the transmission of electricity or electronic signals -for lighting,
heating, power, telephone, television or other purposes, and the above ground
lighting stanchions, meters, and other facilities associated with the provisions of
lighting and services; and
5.5.1.6.2 Public sewers, storm drains, water drains and pipes,
water supply systems, sprinkling systems, heating and gas lines or pipes, and any
similar public or quasi -public improvements or facilities.
5.5.1.6.3 Mailboxes and sidewalk abutments around such
mailboxes or any service facility, berm, fencing and landscaping abutting
common areas, public and private streets or land conveyed for any public or
quasi -public purpose including, but not limited to, bicycle pathways.
MASTER DECLARATION - 11
westpark\Sherebrook\dec
The right to grant such licenses, easements and rights-of-way are hereby expressly reserved
to the Master Association and may be granted at any time prior to twenty-one (21) years
after the death of the issue of the individuals executing this Master Declaration on behalf
of Grantor who are in being as of'the date hereof.
5.5.2 Duties. In addition to duties necessary and proper to carry out the power
delegated to the Master Association by this Master Declaration, and the Articles and Bylaws, without
limiting the generality thereof, the Master Association or its agent, if any, shall have the authority and
the obligation to conduct all business affairs of the Master Association and to perform, without
limitation, each of the following duties:
5.5.2.1 Operation and Maintenance of Sherebrook Hollow Common Area.
Operate, maintain, and otherwise manage or provide for the operation, maintenance and
management of Sherebrook Hollow Common Area (other than Local Common Area),
including the repair and replacement of property damaged or destroyed by casualty loss.
Specifically, the Master Association shall, at Grantor's sole discretion, operate and
maintain all properties owned by Grantor which are designated by Grantor for temporary
or permanent use by Members of the Master Association. Such properties may include
those lands located near the Boise River and other lands intended for open space uses.
5.5.2.2 Reserve Account. Establish and fund a reserve account with a
reputable banking institution or savings and loan association or title insurance company
authorized to do business in the State of Idaho, which reserve account shall be dedicated
to the costs of repair, replacement, maintenance and improvement of the Common Area,
and enforcement of the terms of the Conservation Agreement as defined below.
5.5.2.3 Maintenance of Berms. Retaining Walls and Fences. Maintain the
berms, retaining walls, fences and water amenities within and abutting Common Area and
abutting the Ridenbaugh Canal. Maintain the water amenities constructed by Grantor or
Master Association located in that certain easement in, over and through Building Lots as
shown on the Plat.
_. 5.5.2.4..E .- Taxes and Assessments—Pay all real and personal, property taxes ..
and Assessments separately levied against Sherebrook Hollow Common Area or against
Sherebrook Hollow Subdivision, the Master Association and/or any other property owned
by the Master Association. Such taxes and Assessments may be`contested or compromised
by the Master Association, provided, however, that such taxes and Assessments are paid
or a bond insuring payment is posted prior to the sale or disposition of any property to
satisfy the payment of such taxes and Assessments. In addition, the Master Association
shall pay all other federal, state or local taxes, including income or corporate taxes levied
against the Master Association, in the event that the Master Association is denied the status
of a tax exempt corporation.
5.5.2.5 Water and Other Utilities. Acquire, provide and/or pay for water,
sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and
other necessary services for Sherebrook Hollow Common Area, and to manage for the
benefit of Sherebrook Hollow Subdivision all water rights and rights to receive water held
by the Master Association, whether such rights are evidenced by license, permit, claim,
stock ownership or otherwise.
MASTER DECLARATION - 12
westpark\Sherebrook\dec
i
5.5.2.6 Insurance. Obtain insurance from reputable insurance companies
authorized to do business in the State'of Idaho, and maintain in effect any insurance policy
the Board deems necessary or advisable, including, without limitation the following policies
of insurance:
5.5.2.6.1 Fire insurance including those risks embraced by
coverage of the type known as the broad form "All Risk" or special extended
coverage endorsement on a blanket agreed amount basis for the full insurable
replacement value of all Improvements, equipment and fixtures located within
Sherebrook Hollow Common Area.
5.5.2.6.2 Comprehensive public liability insurance insuring
the Board, the Master Association, the Grantor and the individual grantees and
agents and employees of each of the foregoing against any liability incident to
the ownership and/or use of Sherebrook Hollow Common Area. Limits of
liability of such coverage shall be as follows: Not less than One Million Dollars
($1,000,000) per person and One Million Dollars ($1,000,000) -per occurrence
with respect to personal injury or death, and One Million Dollars ($1,000,000)
per occurrence with respect to property damage.
5.5.2.6.3 Full coverage directors' and officers' liability
insurance with a limit of at least Two Hundred Fifty Thousand Dollars
($250,000).
5.5.2.6.4 Such other insurance, including motor vehicle
insurance and Workmen's Compensation insurance, to the extent necessary to
comply with all applicable laws and indemnity, faithful performance, fidelity and
other bonds as the Board shall deem necessary or required to carry out the
Mastcr Association functions or to insure the Master Association against any loss
from malfeasance or dishonesty of any employee or other person charged with
the management or possession of any Master Association funds or other property.
5.5.2.6.5 The Master Association shall be deemed trustee of
. the interests,of all Owners in connection, :Alith any insurance proceeds paid, to.-
the
o._the Master Association under such policies, and shall have full power to receive
such Owner's interests in such proceeds and to deal therewith.
5.5.2.6.6 Insurance premiums for the above insurance
coverage shall be deemed a common expense to be included in the Regular
Assessments levied by the Master Association.
5.5.2.7 Rule Making. Make, establish, promulgate, amend and repeal such
Association Rules as the Board shall deem advisable.
5.5.2.8 Newsletter. If it so elects, prepare and distribute a newsletter on
matters of general interest to Master Association Members, the cost of which shall be
included in Regular Assessments.
5.5.2.9 Architectural Committee. Appoint and remove members of the
Architectural Committee, subject to the provisions of this Master Declaration.
MASTER DECLARATION - 13
westpark\S herebrookW ec
•
5.5.2.10 Enforcement of Restrictions and Rules. Perform such other acts,
whether or not expressly authorized by this Master Declaration, as may be reasonably
advisable or necessary to enforce any of the provisions of the Master Declaration, or of,the
Articles or Bylaws, including, without limitation, the recordation of any claim of lien with
the Ada County Recorder, as more fully provided herein.
5.6 Personal Liability. No Member of the Board, or member of any committee of the Master
Association, or any officer of the Master Association, or the Grantor, or the manager, if any, shall be personally
liable to any Owner, or to any other party, including the Master Association, for any damage, loss or prejudice
suffered or claimed on the account of any act, omission, error or negligence of the Master Association, the
Board, the manager, if any, or any other representative or employee of the Master Association, the Grantor,
or the Architectural Committee, or any other committee, or any officer of the Master Association, or the
Grantor, provided that such person, upon the basis of such information as may be possessed by such person,
has acted in good faith without willful or intentional misconduct.
5.7 Budgets and Financial Statements. Financial statements for the Master Association shall be
prepared regularly and copies shall be distributed to each Member of the Master Association as follows:
5.7.1 A pro forma operating statement or budget, for each fiscal year shall be
distributed not less than sixty (60) days before the beginning of each fiscal year. The operating
statement shall include a schedule of Assessments received and receivable, identified by the Building
Lot number and the name of the person or entity assigned.
5.7.2 Within thirty (30) days after the close of each fiscal year, the Master Association
shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the
Master Association's fiscal year and annual operating statements reflecting the income and
expenditures of the Master Association for its last ofiscal year. Copies of the balance sheet and
operating statement shall be distributed to each Member within ninety (90) days after the end of each
fiscal year.
5.8 Meetings of Master Association. Each year the Master Association shall hold at least one
meeting of the Members, according to the schedule for such meetings established by the Bylaws; provided,
that such meeting shall occur no earlier than April 15 and no later than May 31 each year. Only Members
-- °r shatI be entitled to attend Master Association meetings, and al1.other persons may be excluded. Notice. for
all Master Association meetings, regular or special, shall be given by regular mail to all Members, and any
person in possession of a Building Lot, not less than ten (10) days nor more than thirty (30) days before the
meeting and shall set forth the place, date and hour of the meeting and the nature of the business to be
conducted. All meetings shall be held within the.Property or as close thereto as practical at a reasonable place
selected by the Board. The presence at any meeting in person of the Class B Member where there is such a
Member, and of the Class A Members representing Owners holding at least thirty percent (30%) of the total
votes of all Class A Members, shall constitute a quorum. If any meeting cannot be held because a quorum
is not present, the Members present may adjourn the meeting to a time not less than ten (10) days nor more
than thirty (30) days from the time the original meeting was scheduled. A second meeting may be called as
the result of such an adjournment, provided notice is given as provided above. At any such meeting properly
called, the presence of any Member shall constitute a quorum.
ARTICLE VI: LOCAL ASSOCIATIONS
6.1 Creation by Grantor. Grantor shall create Local Associations as profit or non-profit
corporations under the provisions of the Idaho Code relating to corporations, or Grantor may create such Local
Association as any unincorporated entity which Grantor deems appropriate. Grantor may, in it discretion,
MASTER DECLARATION - 14
westpark\Sherebrook\dec
create a Local Association by means of a Supplemental Declaration, or create such Association by means of
separate instruments...
6.2 Management. Powers and Duties. Each Local Association shall be managed in the same
manner specified in the applicable Supplemental Declaration or other instrument and/or in the Articles and
Bylaws of the Local Association, shall have the same powers, rights, obligations and duties and be subject to
the same limitations and restrictions including levying Assessments, adopting rules and regulations, granting
easements and licenses, managing property and water rights, paying expenses, taxes, Assessments, utility
charges, insurance premiums and preparing budgets and financial statements as are provided for herein for the
Master Association, except as modified herein or by a Supplemental Declaration. The Board Members,
officers, managers and Grantor shall be free of personal liability as to the Local Association in the same manner
as described herein with respect to the Master Association.
6.3 Members of Local Associations. Where a Local Association is created, the Members thereof
shall be all the Owners of Building Lots, including Grantor while it remains an Owner, in the respective Tracts
designated in the applicable Supplemental Declaration. Memberships may be transferred only as specified in
paragraph 5.2 for the Master Association.
6.4 Voting in Local Associations. Each Local Association shall have two (2) classes of voting
memberships as described below. The number of votes each Member may cast on a single vote will be
determined according to the number of Building Lots existing on that portion of the Property the Member
owns, in the same manner and amounts as votes are allocated to Members in paragraph 5.3. When more than
one person holds an interest in any Building Lot, all such persons shall be Members but shall share the vote
attributable to the Building Lot.
6.4.1 Class A Members. Class A Members shall be all Owners, except Grantor, owning
portions of the Tract covered by the Local Association. The Grantor shall become a Class A Member
when the Class B membership ceases, as described in paragraph 6.4.2, with Grantor remaining an
Owner. Each Class A Member shall have one (1) vote for each Building Lot such Owner owns in that
Tract.
6.4.2 Class B Member. The Class B Member shall be the Grantor. The Class B
Member is entitled to five (5) votes for each Building Lot which Grantor owns in that Tract. The Class
Bmembership in such,Local-Association shall cease when the total.cumulative.votes-of the .Class _A ._
Members for that Tract equal or exceed the total votes of the Class B Member, provided that the Class
B membership shall not cease before the expiration of ten (10) years from the date on which the first
Building Lot in the Tract covered by the Local Association is sold to an Owner.
Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among
themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being
put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that
such Owner was acting with authority and consent of all other joint Owners of the Building Lot(s) from which
the vote derived. The right to vote may not be severed or separated from the ownership of the Building Lot
to which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's
right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the
term of the lease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of such Building Lot
to a new Owner shall operate automatically to transfer the appurtenant. voting right to the new Owner, subject
to any assignment of the right to vote to a lessee, mortgagee or beneficiary as provided herein.
6.5 Annual Meetings of Local Association. There shall be an annual meeting of the Members
of each Local Association at least ten (10) days but no more than sixty (60) days before every annual meeting
of the Master Association. The first annual meeting of the Members in such Local Association shall be held
MASTER DECLARATION - 15
westpark\Sherebrookkfec
0 •
on or before April 5th of the year following the first sale of a Building Lot in the Tract covered by such Local
Association. Such meeting shall be held on the Tract which the Local Association covers, or at such other
convenient location in or near the Property as may be designated in the notice of such meeting. Written
notice of the time, place and purpose of each annual meeting shall be sent to each Member of the Local
Association, and any person in possession of a Building Lot in the appropriate Tract, no fewer than ten (10)
days and no more than thirty (30) days before the meeting as provided in the Local Association's Bylaws or
Articles.
6.6 Special Meetings. A special meeting of the Local Association Members may be called at
any reasonable time and place by written notice delivered to all other Members not less than ten (10) days
nor more than thirty (30) days before the date fixed for such special meeting, specifying the date, time and
place thereof and the nature of the business to be conducted. Such notice shall be delivered in the manner
specified in the Local Association's Articles or Bylaws.
6.7 Quorum and Officers of Meetings. The presence at any regular or special meeting, in
person or by written proxy, of the Members entitled to vote at least twenty-five percent (25%) of the total votes
within such Local Association shall constitute a quorum. if any meeting cannot be held because a quorum
is not present, the Owners or Members present, either in person or by proxy, may adjourn the meeting to a
time not less than ten (10) days nor more than thirty (30) days from the time the original meeting was
scheduled. At such second meeting a quorum shall constitute the number of members specified in the Local
Association's Articles or Bylaws. The Members present at each meeting shall select a chairman to preside over
the meeting and a secretary to transcribe minutes of the meeting.
6.8 Powers and Duties. Each such Local Association shall be managed by a Board of Directors
and officers in the same manner as specified in paragraph 5.4 for the Master Association, shall have the same
powers and duties with respect to its Members or the property owned, managed or maintained by it, including
levying Assessments, adopting rules and regulations, granting easements, licenses and rights-of-way,'payment
of expenses, taxes, Assessments, utility charges, insurance premiums and the preparation and distribution of
budgets and financial statements as are provided in paragraph 5.5 for the Master Association. Each such Local
Association may certify to the Master Association the amount of such Assessments and charges for collection.
The Board, Member, committee, officers, managers and Declarant shall be free of personal liability as to the
Local Association in the same manner as described in paragraph 5.6 for the Master Association.
- ARTICLEVII: - RIGHTS TO -COMMON AREAS
7.1 Use of Sherebrook Hollow Common Area. Every Owner shall have a right to use each
parcel of Sherebrook Hollow Common Area, and to the extent permitted by the appropriate Supplemental
Declaration or other instrument, shall have a right to use each parcel of Local Common Area owned and/or
managed by a Local Association of which such Owner is a Member, which right shall be appurtenant to and
shall pass with the title to every Building Lot, subject to the following provisions:
7.1.1 The right of an Association holding or controlling such Common Area to levy and
increase Assessments;
7.1.2 The right of such Association to suspend the voting rights and rights to use of,
or interest in, Common Area by an Owner for any period during which any Assessment or charge
against such Owner's Building Lot remains unpaid; and for a period not to exceed sixty (60) days for
any infraction of the Association Rules; and
7.1.3 The right of an Association to dedicate or transfer all or any part of the Common
Area to any public agency, authority or utility for such purposes and subject to such conditions as
may be permitted by the Articles and Bylaws and agreed to by the Members. No dedication or
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transfer of said Common Area shall be effective unless an instrument agreeing to such dedication or
transfer signed by Members representing two-thirds (2/3) of each class of Members has been recorded.
7.1.4 The right of such Association to prohibit the construction of structures or
Improvements, Improvements on all Common Areas.
7.1.5 The right of such Association to prohibit structures, Improvements, including
manicured lawns and nursery plants.
7.2 Designation of Common Area. Grantor shall designate and reserve Sherebrook Hollow
Common Area, and Local Common Area in the Master Declaration, Supplemental Declarations and/or recorded
Plats, deeds or other instruments and/or as otherwise provided herein.
7.3 Delegation of Right to Use. Any Owner may delegate, in accordance with the respective
Bylaws and Association Rules of the Master Association or any Local Association, as the case may be, such
Owner's right of enjoyment to the Local Common Area, or Sherebrook Hollow Common Area, to the members
of such Owner's family in residence, and such Owner's tenants or contract purchasers who reside on such
Owner's Building Lot. Only Grantor or an Association shall have the right to delegate the right of enjoyment
to the Local Common Area, or Sherebrook Hollow Common Area, to the general public, and such delegation
to the general public shall be for a fee set by Grantor or Association.
7.4 Damages. Each Owner shall be fully liable for any damage to any Common Area which
may be sustained by reason of the negligence or willful misconduct of the Owner, such Owner's resident
tenant or contract purchaser, or such Owner's family and guests, both minor and adult. In the case of joint
ownership of a Building Lot, the liability of such Owners shall be joint and several. The cost of correcting
such damage shall be a Limited Assessment against the Building Lot and may be collected as provided herein
for the collection of other Assessments.
ARTICLE Vlll: PRESSURIZED IRRIGATION
8.1 Irrigation District Service. The Nampa & Meridian Irrigation District provides pressurized
irrigation water service to all Lots in the Project. Lot Owners shall be required to pay an assessment based
on Lot area to the District whether or not water is actually used. Lot Owners are prohibited from making any
cross,connection•or tie in-between -the irrigation water -system and their domestic -water systems. -WATER..
FROM THE IRRIGATION WATER SYSTEM IS NOT DRINKABLE; EACH LOT OWNER SHALL BE RESPONSIBLE
TO ENSURE THAT IRRIGATION WATER WITHIN THE BOUNDARIES OF SUCH OWNER'S LOT IS NOT
CONSUMED BY ANY PERSON OR USED FOR CULINARY PURPOSES.
8.2 No Private System. Lot Owners shall not construct any ditch, drain, well or water system
upon any Lot or Common Area for domestic use or irrigation purposes.
8.3 Water Master. The Association shall elect or may contract for hire a Water Master to
designate any rotation schedule required for the delivery of irrigation water. The Water Master shall serve as
the liaison to Nampa & Meridian Irrigation District for all matters of Sherebrook Hollow Subdivision.
ARTICLE IX: ASSESSMENTS
9.1 Covenant to Pay Assessments. By acceptance of a deed to any property in Sherebrook
Hollow Subdivision, each Owner of such property hereby covenants and agrees to pay when due all
Assessments or charges made by the Master Association and/or a Local Association, including all Regular,
Special and Limited Assessments and charges made against such Owner pursuant to the provisions of this
Master Declaration or other applicable instrument.
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9.1.1 Assessment Constitutes Lien. Such Assessments and charges together with
interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be
a charge on the land and shall be a continuing lien upon the property against which each such
Assessment or charge is made.
9.1.2 Assessment is Personal Obligation. Each such Assessment, together with interest,
costs and reasonably attorneys' fees, shall also be the personal obligation of the Owner of such
property beginning with the time when the Assessment falls due. The personal obligation for
delinquent Assessments shall not pass to such Owner's successors in title unless expressly assumed
by them but shall remain such Owner's personal obligation regardless of whether he remains an
Owner.
9.2 Regular Assessments. All Owners, including the Grantor, are obligated to pay Regular
Assessments to the treasurer of the Association on a schedule of payments established by the Board.
9.2.1 Purpose of Regular Assessments. The proceeds from Regular Assessments are to
be used to pay for all costs and expenses incurred by an Association, including legal and attorneys
fees and other professional fees, for the conduct of its affairs, including without limitation the costs
and expenses of construction, improvement, protection, maintenance, repair, management and
operation of the Common Areas, including all Improvements located on such areas owned and/or
managed and maintained by such Association, and an amount allocated to an adequate reserve fund
to be used for repairs, replacement, maintenance and improvement of those elements of the Common
Area, or other property of the Association that must be replaced and maintained on a regular basis
(collectively "Expenses").
9.2.2 Computation of Regular Assessments. The Association shall compute the amount
of its Expenses on an annual basis. The Board shall compute the amount of Regular Assessments
owed beginning the first day of the third month following the month in which the closing of the first
sale of a Building Lot occurred in Sherebrook Hollow Subdivision for the purposes of the Master
Association's Regular Assessment, and in the applicable Tract for the purposes of a Local Association's
Regular Assessment ("Initiation Date"). Thereafter, the computation of Regular Assessments shall take
place not less than thirty (30) nor more than sixty (60) days before the beginning of each fiscal year
of an Association. The computation of the Regular Assessment for the period from the Initiation Date
until hhe beginning of the next fiscal -year shall be reduced by an amount which fairly reflects the fact
that such period was less than one year.
9.2.3 Amounts Paid by Owners. The Board can require, in its discretion or as provided
in the Articles or Bylaws, payment of Regular Assessments in monthly, quarterly, semi-annual or
annual installments. The Regular Assessment to be paid by any particular Owner, including Grantor,
for any given fiscal year shall be computed as follows:
9.2.3.1 As to the Master Association's Regular Assessment, each Owner
shall be assessed and shall pay an amount computed by multiplying the Association's total
advance estimate of Expenses by the fraction produced by dividing'the Building Lots
attributable to the Owner by the total number of Building Lots in the Property.
9.2.3.2 As to any Local Association, each Owner who is also a Member
of such Association, including Grantor while it is such an Owner, shall be assessed and
shall pay an amount computed by multiplying such Association's total advance estimate of
Expenses by the fraction produced by dividing the number of Building Lots in the
applicable Tract attributable to such Owner by the total number of Building Lots in such
Tract.
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9.3 Special Assessments.
9.3.1 Purpose and Procedure. In the event that the Board of an Association shall
determine that its respective Regular Assessment for a given calendar year is or will be inadequate
to meet the Expenses of such Association for any reason, including but not limited to costs of
construction, reconstruction, unexpected repairs or replacement of capital improvements upon the
Common Area, attorney's fees and/or litigation costs, other professional fees, or for any other reason,
the Board thereof shall determine the approximate amount necessary to defray such Expenses and levy
a Special Assessment against the portions of the Property within its jurisdiction which shall be
computed in the same manner as Regular Assessments. No Special Assessment shall be levied which
exceeds twenty percent (20%) of the budgeted gross Expenses of such Association for that fiscal year,
without the vote or written assent of the Owners representing a majority of the votes of the Members
of such Association. The Board shall, in its discretion, determine the schedule under which such
Special Assessment will be paid.
9.3.2 Consistent Basis of Assessment. Every Special Assessment levied by and for an
Association shall be levied and paid upon the same basis as that prescribed for the levying and
payment of Regular Assessments for such Association.
9.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular and
Special Assessments, a Board may levy a Limited Assessment against a Member as a remedy to reimburse the
Association for costs incurred in bringing the Member and/or such Member's Building Lot into compliance with
the provisions of the governing instruments for Sherebrook Hollow Subdivision.
9.5 Uniform Rate of Assessment. Unless otherwise specifically provided herein, Regular and
Special Assessments shall be fixed at a uniform rate per Building Lot for all Members of the Association.
9.6 Assessment Period. Unless otherwise provided in the Articles or Bylaws, the Assessment
period shall commence on January 1 of each year and terminate December 31 of the year in which the
Initiation Date occurs. The first Assessment shall be pro -rated according to the number of months remaining
in the fiscal year and shall be payable in equal monthly installments.
9.7 Notice and Assessment Due Date. Ten (10) days prior written notice of Regular and Special
-- Assessments shall be sent to the Owner of every Building Lot, subject thereto, and to any person in possession
of such Building Lot. The due dates for installment payment of Regular Assessments and Special Assessments
shall be the first day of each month unless some other due date is established by the Board. Each monthly
installment of the Regular Assessment or Special Assessment shall become delinquent if not paid within ten
(10) days after the levy thereof. There shall accrue with each delinquent installment payment a late charge
equal to ten percent (10%) of the delinquent installment. In addition, each installment payment which is
delinquent for more than twenty (20) days shall accrue interest at eighteen percent (18%) per annum calculated
the date of delinquency to and including the date full payment is received by an Association. An Association
may bring an action against the delinquent Owner and may foreclose the lien against such Owner's Building
Lot as more fully provided herein. Each Owner is personally liable for Assessments, together with all interest,
costs and attorneys' fees, and no Owner may exempt such Owner from such liability by a waiver of the use
and enjoyment of the Common Areas, or by lease or abandonment of such Owner's Building Lot.
9.8 Estoppel Certificate. The Association, upon at least twenty (20) days prior written request,
shall execute, acknowledge and deliver to the party making such request, a statement in writing stating whether
or not, to the knowledge of the Association, a particular Building Lot Owner is in default under the provisions
of this Master Declaration, and further stating the dates to which any Assessments have been paid by the
Owner. Any such certificate delivered pursuant to this paragraph 9.8 may be relied upon by any prospective
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purchaser or mortgagee of the Owner's Building Lot. Reliance on such Certificate may not extend to any
default as to which the signor shall have had no actual knowledge.
9.9 Special Notice and Quorum Requirements. Notwithstanding anything to the contrary
contained in either the Bylaws or the Articles, written notice of any meeting called for the purpose of levying
a Special Assessment, or for the purpose of obtaining a membership vote in connection with an increase in
the Regular Assessment, shall be sent to all Members of an Association and to any person in possession of a
Building Lot in the applicable Tract, not less than fifteen (15) days nor more than thirty (30) days before such
meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent
(60%) of the total votes of the Association shall constitute a quorum. If such quorum is not present,
subsequent meetings may be called subject to the same notice requirement, and the required quorum at the
subsequent meetings shall be fifty percent (50%) of the quorum required at the preceding meeting. No such
subsequent meeting shall be held more than thirty (30) days following the preceding meeting.
ARTICLE X: ENFORCEMENT OF ASSESSMENTS; LIENS
10.1 Right to Enforce. The Master Association has the right to collect and enforce its Assessments
pursuant to the provisions hereof. Each Owner of a Building Lot, upon becoming an Owner of such Building
Lot, shall be deemed to covenant and agree to pay each and every Assessment provided for in this Master
Declaration and agrees to the enforcement of all Assessments in the manner herein specified. In the event an
attorney or attorneys are employed for the collection of any Assessment, whether by suit or otherwise, or to
enforce compliance with or specific performance of the terms and conditions of this Master Declaration, each
Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy obtained against such
Owner. The Board or its authorized representative may enforce the obligations of the Owners to pay such
Assessments by commencement and maintenance of a suit at law or in equity, or the Board may exercise the
power of foreclosure and sale pursuant to paragraph 10.3 to enforce the liens created hereby. A suit to
recover a money judgment for an unpaid Assessment shall be maintainable without foreclosing or waiving the
lien hereinafter provided.
10.2 Assessment Liens.
10.2.1 Creation. There is hereby created a claim of lien with power of sale on each and
every Building Lot to secure payment of any and all Assessments levied against such Building Lot
pursuant to this Master Declaration.together.with interest thereon at the maximum rate permitted by
law and all costs of collection which may be paid or incurred by the Association making the
Assessment in connection therewith, including reasonable attorneys' fees. All sums assessed in
accordance with the provisions of this Master Declaration shall constitute a lien on such respective
Building Lots upon recordation of a claim of lien with the Ada County Recorder. Such lien shall be
prior and superior to all other liens or claims created subsequent to the recordation of the notice of
delinquency and claim of lien except for tax liens for real property taxes on any Building Lot and
Assessments on any Building Lot in favor of any municipal or other governmental assessing body
which, by law, would be superior thereto.
10.2.2 Claim of Lien. Upon default of any Owner in the payment of any Regular,
Special or Limited Assessment issued hereunder, the Association may cause to be recorded in the
office of the Ada County Recorder a claim of lien. The claim of lien shall state the amount of such
delinquent sums and other authorized charges (including the cost of recording such notice), a
sufficient description of the Building Lot(s) against which the same have been assessed, and the name
of the record Owner thereof. Each delinquency shall constitute a separate basis for a notice and claim
of lien, but any number of defaults may be included within a single notice and claim of lien. Upon
payment to the Association of such delinquent sums and charges in connection therewith or other
satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction
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of relief of such delinquent sums and charges. The Association may demand and receive the cost of
preparing and recording such release before recording the same.
10.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action in court or by
sale by the Association establishing the Assessment, its attorney or other person authorized to make the sale.
Such sale shall be conducted in accordance with the provisions of the Idaho Code applicable to the exercise
of powers of sale permitted by law. The Board is hereby authorized to appoint its attorney, any officer or
director of the Association, or any title company authorized to do business in Idaho as trustee for the purpose
of conducting such power of sale or foreclosure.
10.4 Required Notice. Notwithstanding anything contained in this Master Declaration to the
contrary, no action may be brought to foreclose the lien created by recordation of the notice of delinquency
and claim of lien, whether judicially, by power of sale or otherwise, until the expiration of thirty (30) days after
a copy of such claim of lien has been deposited in the United States mail, certified or registered, postage
prepaid, to the Owner of the Building Lot(s) described in such notice of delinquency and claim of lien, and
to the person in possession of such Building Lot(s),- and a copy thereof is recorded by the Association in the
Office of the Ada County Recorder.
10.5 Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein in
connection with a given Building Lot shall not be subordinate to the lien of any deed of trust or mortgage
except the lien of a first deed of trust or first mortgage given and made in good faith and for value that is of
record as an encumbrance against such Building Lot prior to the recordation of a claim of lien for the
Assessments. Except as expressly provided in paragraph 10.6 with respect to a first mortgagee who acquires
title to a Building Lot, the sale or transfer of anv Building Lot shall not affect the Assessment lien provided for
herein, nor the creation thereof.by the recordation of a claim of lien, on account of the Assessments becoming
due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or
defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Master
Declaration.
10.6 Rights of Mortgagees. Notwithstanding any other provision of this Master Declaration, no
amendment of this Master Declaration shall operate to defeat the rights of the Beneficiary under any deed of
trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such
amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject
to this Master Declaration as amended.
ARTICLE XI: INSPECTION OF ASSOCIATION'S BOOKS'AND RECORDS
11.1 Member's Right of Inspection. The membership register, books of account and minutes of
meetings of the Board and committees of an Association shall be made available for inspection and copying
by any Member of the Association or by such Member's duly appointed representatives, at any reasonable time
and for a purpose reasonably related to such Member's interest as a Member at the office of the Association
or at such other place as the Board of such Association shall prescribe. No Member or any other person shall
copy the membership register for the purposes of solicitation of or direct mailing to any Member of an
Association.
11.2 Rules Regarding Inspection of Books and Records. The Board shall establish reasonable
rules with respect to:
11.2.1 Notice to be given to the custodians of the records by the persons desiring to
make the inspection.
11.2.2 Hours and days of the week when such an inspection may be made.
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11.2.3 Payment of the cost of reproducing copies of documents requested pursuant to
this Article XI.
11.3 Director's Rights of Inspection. Every director shall have the absolute right at any
reasonable time to inspect all books, records and documents of the Association, and the physical properties
owned or controlled by the Association. The right of inspection by a director includes the right to make
extracts and copies of documents.
ARTICLE XII: ARCHITECTURAL COMMITTEE
12.1 Creation. Within thirty (30) days of the date on which the Grantor first conveys a Building
Lot to an Owner, Grantor shall appoint three (3) individuals to serve on Sherebrook Hollow Architectural
Committee ("Architectural Committee"). Each member shall hold office until such time as such member has
resigned or has been removed, or such member's successor has been appointed, as provided herein. A
member of the Architectural Committee need not be an Owner. Members of the Architectural Committee may
be removed by the person or entity appointing them at any time without cause.
12.2 Grantor's Right of Appointment. At any time, and from time to time, prior to ten (10) years
after the recording date of this Master Declaration in which Grantor is the Owner of at least ten percent (10%)
of the aggregate Building Lots, Grantor shall have the exclusive right to appoint and remove all members of
the Architectural Committee. At all other times, the Master Association Board shall have the right to appoint
and remove all members of the Architectural Committee. If a vacancy on the Architectural Committee occurs
and a permanent replacement has not yet been appointed, Grantor or the Board, as the case may be, may
appoint an acting member to serve for a specified temporary period not to exceed one (1) year.
12.3 Review of Proposed Construction. The Architectural Committee shall consider and act upon
any and all proposals or plans and specifications submitted for its approval pursuant to this Master Declaration,
and perform such other duties as from time to time shall be assigned to it by the Board, including the
inspection of construction in progress to assure its conformance with plans approved by the Architectural
Committee. The Board shall have the power to determine, by rule or other written designation consistent with
this Master Declaration, which types of Improvements shall be submitted for Architectural Committee review
and approval. The Architectural Committee shall have the power to hire an architect, licensed with the State
of Idaho, to assist the Architectural Committee in its review of proposalsorplans and,specifications submitted
to the Architectural Committee. The Architectural Committee shall approve proposals or plans and
specifications submitted for its approval only if it deems that the construction, alterations or additions
contemplated thereby in the locations indicated will not be detrimental to the habitat of the Common Areas,
or appearance of the surrounding area of the Property, as a whole, that the appearance of any structure affected
thereby will be in harmony with the surrounding,structures, and that the upkeep and maintenance thereof will
not become a burden on either the Master Association or any Local Association.
12.3.1 Conditions on Approval. The Architectural Committee may condition its approval
of proposals or plans and specifications upon such changes therein as it deems appropriate, and/or
upon the agreement of the Owner submitting the same ("Applicant") to grant appropriate easements
to an Association for the maintenance thereof, and/or upon the agreement of the Applicant to
reimburse an Association for the cost of maintenance, and may require submission of additional plans
and specifications or other information before approving or disapproving material submitted.
12.3.2 Architectural Committee Rules and Fees. The Architectural Committee also may
establish rules and/or guidelines setting forth procedures for and the required content of the
applications and plans submitted for approval. Such rules may require a fee to accompany each
application for approvals or additional factors which it will take into consideration in reviewing
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submissions. The Architectural Committee shall determine the amount of such fee in a reasonable
manner. Such fees shall be used to defray the costs and expenses of the Architectural Committee,
including the cost and expense of hiring an architect licensed by the State of Idaho, as provided
above, or for such other purposes as established by the Board, and such fee shall be refundable to
the extent not expended for the purposes herein stated.
Such rules and guidelines may establish, without limitation, specific rules and regulations
regarding design and style elements, landscaping and fences and other structures such as animal
enclosures as well as special architectural guidelines applicable to Building Lots located adjacent to
public and/or private open space.
12.3.3 Detailed Plans. The Architectural Committee may require such detail in plans
and specifications submitted for its review as it deems proper, including, without limitation, floor
plans, site plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of
exterior material and colors. Until receipt by the Architectural Committee of any required plans and
specifications, the Architectural Committee may postpone review of any plan submitted for approval.
12.3.4 Architectural Committee Decisions. Decisions of the Architectural Committee
and the reasons therefor shall be transmitted by the Architectural Committee to the Applicant at the
address set forth in the application for approval within twenty (20) days after filing all materials
required by the Architectural Committee. Any materials submitted pursuant to this Article XII shall
be deemed approved unless written disapproval by the Architectural Committee shall have been
mailed to the Applicant within twenty (20) days after the date of filing said materials with the
Architectural Committee.
12.4 Meetings of the Architectural Committee. The Architectural Committee shall meet from time
to time as necessary to perform its duties hereunder. The Architectural Committee may from tir-ne to time by
resolution unanimously adopted in writing, designate a Architectural Committee representative (who may, but
need not be one of its members) to take any action or perform any duties for and on behalf of the Architectural
Committee, except the granting of variances pursuant to paragraph 12.9. In the absence of such designation,
the vote of any two (2) members of the Architectural Committee, or the written consent of any two (2)
members of the Architectural Committee taken without a meeting, shall constitute an act of the Architectural
Committee.
12.5 No Waiver of Future Approvals. The approval of the Architectural Committee of any
proposals or plans and specifications or drawings for any work done or proposed, or in connection with any
other matter requiring the approval and consent of the Architectural. Committee, shall not be deemed to
constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and
specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent.
12.6 Compensation of Members. The members of the Architectural Committee shall receive no
compensation for services rendered, other than reimbursement for expenses incurred by them in the
performance of their duties hereunder and except as otherwise agreed by the Board.
follows:
12.7 Inspection of Work. Inspection of work and correction of defects therein shall proceed as
12.7.1 Upon the completion of any work for which approved plans are required under
this Article XII, the Owner shall give written notice of completion to the Architectural Committee.
12.7.2 Within sixty (60) daysthereafter, the Architectural Committee or its duly
authorized representative may inspect such Improvement. If the Architectural Committee finds that
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such work was not done' in substantial compliance with the approved plans, it shall notify the Owner
in writing of such non-compliance within such sixty (60) day period, specifying the particular
noncompliance, and shall require the Owner to remedy the same.
12.7.3 If upon the expiration of thirty (30) days from the date of such notification, or any
longer, time the Architectural Committee determines to be reasonable, the Owner shall have failed
to remedy such noncompliance, the Architectural Committee shall notify the Board in writing of such
failure. Upon notice and hearing, as provided in the Bylaws, the Board shall determine whether there
is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the
same. If a noncompliance exists, the Owner shall remedy or remove the same within a period of not
more than forty-five (45) days from the date of the announcement of the Board ruling unless the Board
specifies a longer time as reasonable. If the Owner does not comply with the Board ruling within
such period, the Board, at its option, may either remove the noncomplying improvement or remedy
the noncompliance, and the Owner shall reimburse the Master Association, upon demand, for all
expenses incurred in connection therewith. If such expenses are not promptly repaid by the Owner
to the Master Association, the Board shall levy a Limited Assessment against such Owner for
reimbursement pursuant to this Master Declaration.
12.7.4 If for any reason the Architectural Committee.fails to notify the Owner of any
noncompliance within sixty (60) days after receipt of the written notice of completion from the
Owner, the work shall be deemed to be in accordance with the approved plans.
12.8 Non -Liability of Architectural Committee Members. Neither the Architectural Committee
nor any member thereof, nor its duly authorized Architectural Committee representative, shall be liable to any
Association, or to any Owner or Grantee for any loss, damage or injury arising out of or in any way connected
,with the performance of the Architectural Committee's duties hereunder, unless due to the willful misconduct
or bad faith of the Architectural Committee. The Architectural Committee shall review and approve or
disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis
of aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity
and to the Property generally. The Architectural Committee shall take into consideration the aesthetic aspects
of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials
and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design
be deemed approval of any plan or design from the standpoint of structural safety or conformance with
building or other codes.
12.9 Variances. The Architectural Committee may authorize variances from compliance with
any of the architectural provisions of this Master Declaration, including restrictions upon height, size, floor area
or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions,
hardship, aesthetic or environmental considerations may require. However no variances will be granted for
construction of structures or Improvements, including without limitation manicured lawns, in the Common
Areas. Such variances must be evidenced in writing, must be signed by at least two (2) members of the
Architectural Committee, and shall become effective upon recordation in the office of the County Recorder
of Ada County. If such variances are granted, no violation of the covenants, conditions or restrictions
contained in this Master Declaration shall be deemed to have occurred with respect to the matter for which
the variance was granted. The granting of such a variance shall not operate to waive any of the terms and
provisions of this Master Declaration for any purpose except as to the particular Building Lot and particular
provision hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with
all governmental laws and regulations affecting such Owner's use of the Building Lot, including but not limited
to zoning ordinances or requirements, imposed by any governmental or municipal authority.
12.10 Local Architectural Committee. The Grantor may, at its option, create a three (3) member
Local Architectural Committee for the Property contained in any Tract designated by a Supplemental
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Declaration. Upon its formation, all proposals, plans and specifications for Improvements within the Tract
requiring approval of the Architectural Committee described above must be submitted to the Local
Architectural Committee for approval, rather than being submitted to the Architectural Committee. 'Thus, all
proposals, plans and specifications for Improvements require the approval of either the Architectural Committee
or the Local Architectural Committee, if such has been created, but not both such Committees. Each provision
of this Article XII shall apply to the Local Architectural Committee as if it were the Architectural Committee
and to the Local Association as if it were the Master Association, except to the extent that such interpretation
would be in conflict with the provisions of this Article XII.
ARTICLE XIII: EASEMENTS
13.1 Easements of Encroachment. There shall be reciprocal appurtenant easements of
encroachment as between each Building Lot and such portion or portions of the Common Area adjacent
thereto or as between adjacent Building Lots due to the unwillful placement or settling or shifting of the
Improvements including but not limited to structures, walkways, bike paths, sidewalks and driveways
constructed, reconstructed or altered thereon in accordance with the terms of this Master Declaration.
Easements of encroachment shall be valid only so long as they exist, and the rights and obligations of Owners
shall not be altered in any way because of encroachments, settling or shifting of the Improvements; provided,
however, that in no event shall a valid easement for encroachment occur due to the willful act or acts of an
Owner. In the event a structure on any Building Lot is partially or totally destroyed, and then repaired or
rebuilt, the Owners of each Building Lot agree that minor encroachments over adjoining Building Lots that
existed prior to the encroachment may be reconstructed pursuant to the easement granted by this paragraph
13.1.
13.2 Easements of Access: Grantor expressly reserves for the benefit of all the Property reciprocal
easements of access, ingress and egress for all Owners to and from their respective Building Lots for installation
and repair of utility services, for drainage of water over, across and upon adjacent Building Lots, and Common
Areas, resulting from the normal use of adjoining Building Lots or Common Areas, and for necessary
maintenance and repair of any Improvement including fencing, retaining walls, lighting facilities, mailboxes
and sidewalk abutments, trees and landscaping. Such easements may be used by Grantor, and by all Owners,
their guests, tenants and invitees, residing on or temporarily visiting the Property, for pedestrian walkways,
vehicular access and such other purposes reasonably necessary for the use and enjoyment of a Building Lot
or Common Area.
13.3 Drainage and Utility Easements. Notwithstanding anything expressly or impliedly contained
herein to the contrary, this Master Declaration shall be subject to all easements heretofore or hereafter granted
by Grantor for the installation and maintenance of utilities and drainage facilities that are required for the
development of the Property. In addition, Grantor hereby reserves for the benefit of any Association the right
to grant additional easements and rights-of-way over the Property and/or a Tract, as appropriate, to utility
companies and public agencies as necessary or expedient for the proper development of the Property until
close of escrow for the sale of the last Building Lot in the Property to a purchaser.
13.3.1 Improvement of Drainage and Utility Easement Areas. The Owners of Building
Lots are hereby restricted and enjoined from constructing any Improvements upon any drainage or
utility easement areas as shown on the Plat of Sherebrook Hollow Subdivision or otherwise
designated in any recorded document which would interfere with or prevent the easement from being
used for such purpose; provided, however that the Owner of such Building Lots and the Grantor,
Master Association or designated entity with regard to the landscaping easement described in this
Article XIII, shall be entitled to install and maintain landscaping on such easement areas, and also
shall be entitled to build and maintain fencing on such easement areas subject to approval by the
Master Association Architectural Committee, so long as the same would not interfere with or prevent
the easement areas from being used for their intended purposes; provided, that any damage sustained
MASTER DECLARATION - 25
westpark\Sherebrook\dec
to Improvements on the easement areas as a result of legitimate use of the easement area shall be the
sole and exclusive obligation of the Owner of the Building Lot whose Improvements were so
damaged.
13.4 Rights and Duties Concerning Utility Easements. The rights and duties of the Owners of
the Building Lots within the Property with respect to utilities shall be governed by the following:
13.4.1 Wherever utility house connections are installed within the Property, which
connections or any portions thereof lie in or upon Building Lots owned by an Owner other than the
Owner of the Building Lot served by the connections, the Owner of the Building Lot served by the
connections shall have the right, and is hereby granted an easement to the full extent, necessary
therefor, to enter upon any Building Lot or to have their agent enter upon any Building Lot within the
Property in or upon which said connections or any portion thereof lie, to repair, replace and generally
maintain the connections as and when it may be necessary.
13.4.2 Whenever utility house connections are installed within the Property, which
connections serve more than one Building Lot, the Owner of each Building Lot served by the
connections shall be entitled to full use and enjoyment of such portions of said connections as service
such,Owner's Building Lot.
13.5 Driveway Easements. Whenever a driveway is installed within the Property which in whole
or in part lies upon a Building Lot owned by an Owner other than the Owner of the Building Lot served, or
installed to serve more than one Building Lot, the Owner of each Building Lot served or to be served by such
driveway shall be entitled to full use and enjoyment of such other Building Lot as required to service such
Owner's Building Lot or to repair, replace or maintain such driveway.
13.6 Disputes as to Sharing of Costs. in the event of a dispute between Owners with respect
to the repair or rebuilding of utility connections or driveways, or with respect to the sharing of the cost
therefor, upon written request of one of such Owners addressed to the Master Association, the matter shall be
submitted to the Board which shall decide the dispute and, if appropriate, make an appropriate Assessment
against any or all of the Owners involved on behalf of the prevailing Owner(s), which Assessment shall be
collected and enforced in,the manner provided by this Master Declaration for Limited Assessments.
13.7. General Landscape Easement. An easement is hereby reserved to each appropriate
Association, its contractors and agents, to enter those portions of Building Lots, for the purpose of instaliing,
maintaining, replacing and restoring exterior landscaping, and natural vegetation and habitat. Such landscaping
activity shall include, by way of illustration and not of limitation, the mowing of lawns, irrigation, sprinkling,
tree and shrub trimming and pruning, walkway improvement, seasonal planting and such other landscaping
activities within the Property as such Association shall determine to be necessary from time to time.
13.8 Overhang Easement. There shall be an exclusive easement appurtenant to each Building
Lot over the Common Areas for overhanging eaves, and for any projections from the buildings, which
projections shall not extend beyond the eave line.
13.9 Maintenance and Use Easement Between Walls and Lot Lines. Whenever the wall of a
structure, or a fence or retaining wall, constructed on a Building Lot under plans and specifications approved
by the Architectural Committee is located within three (3) feet of the lot line of such Building Lot, the Owner
of such Building Lot is hereby granted an easement over and on the adjoining Building Lot (not to exceed 3
feet from the Building Lot line) for purposes of maintaining and repairing such wall or fence and eaves or other
overhangs, and the Owner of such adjoining Building Lot is hereby granted an easement for landscaping
.purposes over and on the area lying between the lot line and such structure or fence so long as such use does
not cause damage to the structure of fence.
MASTER DECLARATION - 26
westpark\S herebrook\dec
0 0
ARTICLE.XIV: MISCELLANEOUS
14.1 Term. The easements created hereunder shall be perpetual, subject only to extinguishment
by the holders of such easements as provided by law. The covenants, conditions, restrictions and equitable
servitudes of this Master Declaration shall run until December 31, 2016, unless amended as herein provided.
After December 31, 2016, such covenants, conditions and restrictions shall be automatically extended for
'successive periods of ten (10) years each, unless amended or extinguished by a written instrument executed
by Members holding at least three-fourths (3/4) of the voting power of the Master Association and such written
instrument is recorded with the Ada County Recorder. Further provided that the Master Association shall not
be dissolved without the prior written approval of the City of Meridian and Ada County Highway District, such
consent not to be unreasonably withheld provided that a responsible successor organization shall agree to
perform those maintenance responsibilities arising from applicable city and county governmental requirements.
14.2 Amendment.
14.2.1 By Grantor. Except as provided in paragraph 14.3 below, until the recordation
of the first deed to a Building Lot in the Property, the provisions of this Master Declaration may be
amended, modified, clarified, supplemented, added to (collectively, "amendment") or terminated by
Grantor by recordation of a written instrument setting forth such amendment or termination. Any
amendment affecting only a particular Tract may be made by Grantor by an amendment to this Master
Declaration at any time up to the recordation of the first deed to a Building Lot in such Tract.
14.2.2 By Owners. Except where a greater percentage is required by express provision
in this Master Declaration, the provisions of this Master Declaration, other than this Article XIV, any
amendment shall be by an instrument in writing signed and acknowledged by the president and
secretary of the Master Association certifying and attesting that such amnendment has been approved
by the vote or written consent of Owners representing more than fifty percent (50%) of the votes in
the Master Association, and such amendment shall be effective upon its recordation with the Ada
County Recorder. Any amendment to this Article XIV shall require the vote or written consent of
Members holding ninety-five percent (95%) of the voting power of the Master Association.
14.2.3 Effect of Amendment. Any amendment of this Master Declaration approved in
the manner specified above shall be binding on and effective as to all Owners and their respective
properties notwithstanding that such Owners may not have voted for or consented to such
amendment. Such amendments may add to and increase the covenants, conditions, restrictions and
easements applicable to the Property but shall not prohibit or. unreasonably interfere with the allowed
uses of such Owner's property which existed prior to the said amendment.
14.3 Mortgage Protection. Notwithstanding any other provision of this Master Declaration, no
amendment of this Master Declaration shall operate to defeat or render invalid the rights of the beneficiary
under any first deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the
recordation of such amendment, provided that after foreclosure of any such first deed of trust such Building
Lot shall remain subject to this Master Declaration, as amended.
14.4 Notices. Any notices permitted or required to be delivered as provided herein shall be in
writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to
have been delivered seventy-two (72) hours after the same has been deposited in the United States mail,
postage prepaid, addressed to any person at the address given by such person to the Master Association for
the purpose of service of such notice, or to the residence of such person if no address has been given to the
Master Association. Such address may be changed from time to time by notice in writing to the Master
Association, as provided in this paragraph 14.4.
MASTER DECLARATION - 27
westparWherebrooWec
14.5 Enforcement and Non -Waiver.
14.5.1 Right of Enforcement. Except as otherwise provided herein, any Owner of any
Building Lot shall have the right to enforce -any or all of the provisions hereof against any property
within the Property and Owners thereof.
14.5.2 Violations and Nuisances. The failure of any Owner of a Building Lot to comply
with any provision hereof, or with any provision of the Articles or Bylaws of any Association, is
hereby declared a nuisance and will give rise to a cause of action in the Grantor, the Association or
any Owner Building Lot(s) within the Property for recovery of damages or for negative or affirmative
injunctive relief or both. However, any other provision to the contrary notwithstanding, only Grantor,
the Master Association, the Board, or a duly authorized agent of any of them, may enforce by self-help
any of the provisions hereof only if such self-help is preceded by reasonable notice to the Owner.
14.5.3 Violation of Law. Any violation of any state, municipal or local law, ordinance
or regulation pertaining to the ownership, occupation or use of any property within the Property is
hereby declared to be a violation of this Master Declaration and subject to any or all of the
enforcement procedures set forth in this Master Declaration and any or all enforcement procedures
in law and equity.
14.5.4 Remedies Cumulative. Each remedy provided herein is cumulative and not
exclusive.
14.5.5. Non -Waiver. The failure to enforce any of the provisions herein at any time shall
not constitute a waiver of the right to enforce any such provision.
14.6 Interpretation. The provisions of this Master Deciaration shall be liberally construed to
effectuate its purpose of creating a uniform plan for the development and operation of the Property. This
Master Declaration shall be construed and governed under the laws of the State of Idaho.
14.6.1 Restrictions Construed Together. All of the provisions hereof shall be liberally
construed together to promote and effectuate the fundamental concepts of the development of the
Property as set forth in the recitals of this Master Declaration.
14.6.2 Restrictions Severable. Notwithstanding the provisions of the toregoing paragraph
14.6.1, each of the provisions of this Master Declaration shall be deemed independent and severable,
and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity
or enforceability of any other provision herein.
14.6.3 Singular Includes Plural. 'Unless the context requires a contrary construction, the
singular shall include the plural and the plural the singular; and the masculine, feminine or neuter
shall each including the masculine, feminine and neuter.
14.6.4 Captions. All captions and titles used in this Master Declaration are intended
solely for convenience of reference and shall not affect that which is set forth in any of the provisions
hereof.
14.7 Successors and Assigns. All references herein to Grantor, Owners, any Association or
person shall be construed to include all successors, assigns, partners and authorized agents of such Grantor,
Owners, Association or person.
MASTER DECLARATION - 28
westpa rk1S herebrookldec
•
IN WITNESS WHEREOF, Grantor has set its hand this day of , 1997.
GEM PARK II, an Idaho general partnership
By:
STATE OF IDAHO )
ss.
County of Ada )
General Partner
On this day of , 1997, before me, the undersigned, a Notary Public in
and for said state, personally appeared , known or identified to me to be the General
Partner of GEM PARK II, the partnership that executed the instrument or the person who executed the
instrument on behalf of said partnership, and acknowledged to me that such partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written.
Notary Public for Idaho
Residing at Boise, Idaho
My commission expires:
MASTER DECLARATION - 29
westpark\Sherebrook\dec
f' n
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
tic s. I � j a•I �f;.
MASTER DECLARATION - 30
westpark\Sherebrook\dec
EXHIBIT C
LEGAL DESCRIPTION OF SHEREBROOK HOLLOW TRACTS
ALL OF Sherebrook Hollow NO. 1 SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT OF
SUBDIVISION, RECORDED ON 1997, AS PLAT NUMBER RECORDS OF ADA
COUNTY, IDAHO.
MASTER DECLARATION - 32
westpark\Sherebrookklec
EXHIBIT B
LEGAL DESCRIPTION OF
SHEREBROOK HOLLOW COMMON AREA
LOTS , BLOCK _, AND LOTS , BLOCK , AND LOT , BLOCK OF
Sherebrook Hollow NO. 1 SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT THEREOF AS FILED IN
BOOK OF PLATS AT PAGES , RECORDS OF ADA COUNTY, IDAHO.
MASTER DECLARATION - 31
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Idaho Power Company
10790 W. Franklin Road
Boise, iD 83709
322-2000 388-2402 *Dena 388-2021 fax 388-6924
388-6532 fax 322-2032
Re: Street Lightsfor Sherbrooke Hollows Subdivision #3
Street lights have been installed by the developer in Sherbrooke Hollows
Subdivision #3. These are 100 and 250 watt high-pressure sodium lights on
steel poles, owned by the City of Meridian with a maintenance agreement with
Idaho Power.
The six (6) street lights are located at:
Lot 8 Block 6 E. Mackey Drive & S. Grimes Creek Avenue
Lot 29 Block 8 E. Mackey Court & S. Gold Bar Avenue
Lot 32 Block 8 S. Gold Bar Avenue
Lot 6 Block 9 E. Powder River Drive
Lot 3 Block 9 S. Grimes Creek Avenue
250w Lot 36 Block 8 E. Victory Road & S. Gold Bar Avenue
See attached map for additional information.
Please use this letter as your authority to activate these street lights.
Sincerely
William G. Berg, Jr.
City Clerk
Enclosures
HUB OF TREASURE VALLEY
0
Mayor
ROBERT D. CORRIE
A Good Place to Live
LEGAL DEPARTMENT
(708) 288-2499 • Fax 288-2501
City Council Members
CITY OF MERIDIAN
PUBLIC WORKS
CHARLES ROUNTREE
33 EAST.IDAHO
BUILDING DEPARTMENT
(208) 887-2211 •Fax 887-I297
GLENN BENTLEY
MERIDIAN, IDAHO 83642
RON ANDERSON
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
City Clerk Fax (208) 888-4218
DEPARTMENT
KEITH BIRD
(1-08) 884-5533 • Faz 887-1297
September 29,
9999
Idaho Power Company
10790 W. Franklin Road
Boise, iD 83709
322-2000 388-2402 *Dena 388-2021 fax 388-6924
388-6532 fax 322-2032
Re: Street Lightsfor Sherbrooke Hollows Subdivision #3
Street lights have been installed by the developer in Sherbrooke Hollows
Subdivision #3. These are 100 and 250 watt high-pressure sodium lights on
steel poles, owned by the City of Meridian with a maintenance agreement with
Idaho Power.
The six (6) street lights are located at:
Lot 8 Block 6 E. Mackey Drive & S. Grimes Creek Avenue
Lot 29 Block 8 E. Mackey Court & S. Gold Bar Avenue
Lot 32 Block 8 S. Gold Bar Avenue
Lot 6 Block 9 E. Powder River Drive
Lot 3 Block 9 S. Grimes Creek Avenue
250w Lot 36 Block 8 E. Victory Road & S. Gold Bar Avenue
See attached map for additional information.
Please use this letter as your authority to activate these street lights.
Sincerely
William G. Berg, Jr.
City Clerk
Enclosures
NOTES:
primary cable is 1/0,01 12.5 kv in 2" conduit
8-phose
C-phose
podmounts MD -1, GS -:1, and GS -2 will become A-phose when A-phose is brought in from Locust Grove
Conduit
Secondary cable is 3sc40 in 2 conduit
secondary _______________ erCept runs to GS -2o and GS -2d which ore 3SC35 in 3' conduit
Primary cable from MD -1 to GS -2 is to be lot 11 Block 7 Installed on Eost sia, of rood to ovoid seepage bed installed
iri
will need to install o feed-thru bushing on MD-, for B-phose teed to GS -1
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NOTES:
primary cable is 1/0,01 12.5 kv in 2" conduit
8-phose
C-phose
podmounts MD -1, GS -:1, and GS -2 will become A-phose when A-phose is brought in from Locust Grove
Conduit
Secondary cable is 3sc40 in 2 conduit
secondary _______________ erCept runs to GS -2o and GS -2d which ore 3SC35 in 3' conduit
Primary cable from MD -1 to GS -2 is to be lot 11 Block 7 Installed on Eost sia, of rood to ovoid seepage bed installed
iri
will need to install o feed-thru bushing on MD-, for B-phose teed to GS -1
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OFFICIALS HUB OF TREASURE VALLEY Aft
COUNCIL MEMBERS
N WILLIAM G. BERG, JR., City Clerk A Good Place to Live
WALT W. MORROW, President
JANICE L. SMITH, City TreasurerRONALD
•
ty
CIEngineerTY
ITY OF
R. TOLSMA
HARLES M.
MERIDIAN.", C
BRUCE 0. STUART, Watler Works Supt.
G LE R. BENTLEYROUNTREE
JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642
P a Z COMMIssIpN
PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 - FAX (208) 887-4813 t
KENNETH W. BOWERS, Fire Chief
' JIM JOHNSON, Chairman
Public Works/Building Depanment (208) 887-2211
W.L. "BILL" GORDON, Police Chief
I MALCOLM MACCOY
WAYNE G. CROOKSTON. JR., Attomey Motor Vehicle/Drivers license (208) 888-4443
` s KEITH BORUP
t
RON MANNING
ROBERT D.CORRtE l
BYRON SMITH
Mayor
,
MEMORANDUM:
Date: 4�,2-7 1.3 --��
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To: Will Berg, City Clerk
x Bruce Freckleton, Assistant to City Engineer
S E P 1 3 1999
From: Harold Hudson, Electrical Inspector r
ECITYOVA NIERIDLkT
,
Re: STREET LIGHT ELECTRICAL INSPECTION
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I have inspec d approved the electrical wiring and associated components for street
lights kn�e 3
.1- Idaho' Power Co.
can now proceed with the activation.
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ELECTRICAL PERMIT Issued: % t Permit No: 15798
OWNER/APPLICANT------------------------PROPERTY LOCATION ------------------------
FARWEST
I 3 SHERBROOKE
MERIDIAN, ID 83000
I
I Lot: Block: Long Legal:
~• 208/000-0000
1 Sub:
T: S:
I Parc No:
I
CONTRACTOR -------------------------- --- DESIGNER ---------- -----------------------
ALLOWAY ELECTRIC
I
1420 GROVE ST.
1
BOISE, ID 83702
I
208/344-2507
,
1 000/000-0000
PROJECTINFO --------------------------------------------------------------------
Prj Value: $8,080.00
1 Temp Service:
Prj Type: STREETLIGHTS
1 Residential Service:
Occ Type: COMMERCIAL
I Number of Rooms:
Occ Grp: Occ Load:
I Electrical Heat:
Cnstr Type:
I Number of Circuits:
Land Use:
IOther:STREETLIGHTS
I
PROJECTNOTES -------------------------------------------------------------------
5 100 WATT BK6 L8 BK8 L29 BK8 L32
BK9 L6 BK9 L3
1 250 WATT BK8 L36
PROJECT FEES ASSESSMENT -------------------------------------------------------
Amount Paid: $0.00
TOTAL ELECTRICAL FEE: $151.00 Balance Due: $151.00
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HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE
A Good Place to Live
LEGAL DEPARTMENT
(208) 884-4264
CITY OF MERIDIAN
Council Members
PUBLIC WORKS
CHARLES ROUNTREE
33 EAST IDAHO
BUILDING DEPARTMENT
(208) 887-2211
GLENNIBENTLEY
MERIDIAN, IDAHO 83642
RON ANDERSON
Phone (208) 888-4433 - Fax (208) 887-4813
PLANNING AND ZONING
DEPARTMENT
KEITH BIRD
(208) 884-5533
MEMORANDUM: March 15, 1999
To: Mayor and City Council
From: Bruce Freckleton, Assistant to City Engineer
Shari Stiles, P&Z Administrator
Re: Request for Final Plat for Sherbrooke Hollows Subdivision No. 3 (formerly
Sherbrooke Village Subdivision) — 36 Building Lots on 11.43 Acres by Gem Park II
Partnership and Richard and Connie Coonse
We have reviewed this submittal and offer the following comments, as conditions of the final plat.
These conditions shall be considered in full, unless expressly modified or deleted by motion of the
Meridian City Council:
GENERAL INFORMATION
This plat was submitted for preliminary plat as Sherbrooke Village Subdivision. It is now being
submitted as a final plat as the third phase of Sherbrooke Hollows Subdivision and includes lots that
were included in the Sherbrooke Hollows Subdivision preliminary plat. This final plat generally
conforms to the approved preliminary plat, though some lots have had minor modifications.
Applicant provided subsurface soils information gathered in 1996 and 1997 for the Sherbrooke
Hollows Subdivision. From that information, it isn't clear whether any of the test holes are within
the boundaries'of this proposed development.
Sewer and water service to this site will be via extensions of mains that are being installed as part of
earlier phases of this development.
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.
Sherbrooke Hollows Sub No. 3.FP.doc
P&Z Commission, Mayor & Council
March 15, 1999
Page 2
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. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B.
4. Applicant will be responsible to construct the sewer and water mains to and through this
proposed development. Subdivision designer to coordinate main sizing and routing with the
Public Works Department.
5. Please submit a copy of the Ada County Street Name Committee's final approval letter for
the Subdivision name, lot and block numbering, and street names. Make any corrections
necessary to conform.
6. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil
conditions, as prepared by a soil scientist, with street development plans.
7. Submit a plan approval letter to the Public Works Department from the entity having
jurisdiction over design and construction of the pressurized irrigation system. A letter of
credit or cash will be required for these improvements prior to signature on the final plat.
8. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
9. Please address, in written form, all items contained in this memorandum (both General and
Site Specific) and submit to the City Clerk's office by 12:00 noon, March 16, 1999. Prior to
development plan approval, three copies of the revised plat must be reviewed by the Public
Works Department for compliance with all conditions of plat approval.
SITE SPECIFIC REQUIREMENTS
1. Temporary fencing to contain construction debris shall be installed and maintained along all
phase lines prior to obtaining building permits unless specifically waived in writing by the City
P&Z Administrator. A letter of credit or cash will be required for these fences prior to
signature on the final plat.
2. All street signs, road base, streetlights, pressurized irrigation system, domestic water system
(activated fire hydrants), and fencing are to be installed prior to obtaining building permits.
3. Complete the Certificate of Owners and the accompanying Acknowledgement.
Sherbrooke Hollows Sub No. 3.FP.doe
Mayor and City Council
March 12, 1999
Page 3
4. The sum of the distances for Lots 13, 14, 15, 22, Block 7, and the additional 23' right-of-way
on East Victory Road do not equal the boundary distance of 491.00 feet. The sum of the
distances for Lots 16, 17 and 21, Block 7, do not equal the boundary distance of 203.99.
Make necessary changes to the plat to conform.
5. Please revise the the following plat notes:
(11) Add instrument number for development agreement of Sherbrooke Village
Subdivision.
(12.) Except for Lot 24-, 22 Block 7, ...
6. Graphically depict the 10' rear yard public utilities, drainage and irrigation easements.
7. Lots 1.3 and 14, Block 7; do not meet the minimum 40' chord distance. Revise plat to
conform.
Graphically depict a ten -foot -wide pressure irrigation easement on the northern boundaries
of Lots 12 and 13, Block 7, Lots 2 and 9, Block 9, and Lot 31, Block 8.
9. Graphically show five -foot -wide easements for Public Utilities, Drainage and Irrigation along
the subdivision boundary line (side lot line) of Lot 12, Block 6, Lot 8, Block 7, if these lines
are side yards adjacent to future/existing phases of this development.
10. Graphically depicf a 15 -foot -wide public utilities, drainage and irrigation easement along the
easterly boundaries of Lots 29-32, Block 8. The additional width is- required due to the
location of the irrigation facilities.
11. Add arrow symbol depicting house front orientation towards E. Mackay Dr. for Lot 8, Block
6; Lot 1, Block 9; and Lot 29, Block 8. Include arrow in legend. The reason for this
requirement is due to the less than minimum street frontages.
12. The distance for the easterly boundary of this subdivision, shown on the plat as 777.04,
doesn't match the distance of 752.04' in the legal description of the Certificate of Owners.
Revise plat or legal description to conform.
13. Construct permanent, six -foot -high, non-combustible perimeter fencing along the eastern
boundary against the "Unplatted RT" property. A letter of credit or cash will be required for
this fencing prior to signature on the final plat. Fencing is to be in place prior to applying for
building permits.
14. A letter of credit or cash surety will be required for landscaping and fencing improvements
prior to signature on the final plat.
Sherbrooke Hollows Sub Na 3.FP.doc
•
Mayor and City Council
March 12, 1999
Page 4
•
15. Submit compaction test results to the Meridian Building Department for all lots impacted by
filling of existing ditches.
16. Please provide the Public Works Department a letter from a soils scientist that defines the sub-
surface soils condition, including an elevation referenced to project datum to the "normal
high ground water, within the boundaries of this proposal. If this requested information can't
be determined from the existing data that was submitted, then possibly additional test holes
and monitoring will be necessary. The design centerline of the streets shall be a minimum of
(3') feet above the "normal" high ground water elevation as established by a soils scientist.
17. Provide a blowup detail of the pin configuration for the area where E. Mackay Drive and S.
Gold Bar Avenue intersect.
Sherbrooke Hollows Sub No. 3.FP.doc
BRIGGS tNQ1NEEPjNGm Inc.
ENGINEERS I PLANNERS / SURVEYORS
March 16, 1999
Mr. Will Berg, Bruce Freckleton
and ShariStiles
City of Meridian
200 E. Carlton°Avenue; Suite -100' k k:
Meridian, Idaho 83642: M
Re: Sherbrooke Hollows No. 3 Subdivision
(Responses to Staffs Comments on the Final Plat)
1800 West Neriand Road
Boise, Idaho 83705 — 3142
Voice (208) 344-9700
Fax (208) 345-2950
E-mail BEldaho@msn.com
MAR 1 6 1999
CITY OF MERIDIAN -1
PLANNING & ZONING;
General Information
t . Staff is correct, a portion of this area was submitted as Sherbrooke Village Subdivision.
However, since the development is contiguous to Sherbrooke Hollows and the developer is
the same, the utilization of Sherbrooke Hollows No. 3 should not create any problems. We
used the name Sherbrooke Village on the preliminary plat so this project did not cause
confusion with reviewing agencies who track developments by subdivision name.
2. please review the letter from Klienfelder.
3. Sewer and water service is provided through Sherbrooke Hollows No. 1 and 2.
General Requirements
I . All existing drainage ditches within this phase will be piped. The drainage ditch is private
and no organized user's association or irrigation district has jurisdiction.
2. The existing home has a septic and well. The applicant understands the dwelling will be
required to connect to municipal water and sewer facilities. The existing well and septic will
be removed or abandoned as stipulated in the City Ordinance.
3. Applicant will comply.
4. Applicant will comply.
5. Applicant will comply.
6. Applicant will comply,
7. The pressurized system will be shared by Sherbrooke Hollows Development, Thousand
Springs Subdivision and Thousand Springs Village. The system will be owned and
maintained by Nampa and Meridian Irrigation District. The developer will bond for the
irrigation improvements.
8. Applicant will comply.
9. Applicant will comply.
980706\citymer-1tr
MAR 16 '99 12:35 PAGE.02
I IPI![ -10-1777 l.J' JG rll Ul I i V UV 11GJ I r UJ
BRIGGS ENGINEERINOInc. — 1800 West Overland Road, Boise, WPM 705 — (208) 344-9700 /Fax 345-2950
Site Specific Comments
1. Applicant will construct temporary fencing along phase lines and permanent fencing along
the exterior of the development. Applicant will provide a letter of credit for the
improvements.
2. Understood.
3. Applicant will comply.
4. Plat will be modified to reflect the changes.
5. Notes will be revised.
6. Plat will be modified to reflect staff's request.
7. Plat will be modified to reflect staff s request.
8. Plat changes will be made accordingly.
9. Plat changes will be made accordingly.
10. Plat changes will be made accordingly.
11. Plat changes will be made accordingly.
12. Plat changes will be made accordingly.
13. Fencing will be installed per staffs request.
14. Applicant will comply.
15. Applicant will comply.
16. Applicant will comply.
17. This addition will be added to the final plat.
Sincerely,
BRIGGS ENGINEERING, Inc.
46 -
Becky L. Bowcut*
Land Use Planner
BLB:fc
980706\mercity-1tr
MAR 16 '99 12:36 PAGE.e3
I'IY'ItC-10-1777 1J•JG r'RVI'1
KLEIN FELDER
June 23, 1998
File: 30-609902
Briggs Engineering
1800 West Overland Road
Boise, Idaho 83705
Attention: Becky Bowcut
SUBJECT: Sherbrook '4 iilage Subdivision
Meridian, Idaho
Dear Becky:
1 U
•
00(1G7( r, yJy
At your request, we have reviewed the groundwater information gathered in 1996 and 1997 for
Sherbrook Hollows Subdivision which is located west of, and adjacent to the subject property. Based on
our visual review of the site, it is our opinion that subsurface soil and groundwater conditions on die
Sherbrook Village site may be similar to those encountered on the Sherbrook Hollows site. Soil
conditions appear to be relatively uniform in the area and should consist of silty clay underlain by dense
sandy gravel. Cementation in the upper three to five feet of sandy gravel should be expected. Perched
water may be encountered near irrigation features. However, it is our opinion the actual depth to
seasonal high groundwater may be about seven to ten feet or more below the existing ground surface.
The opinions presented in this letter are based on information previously obtained from the adjacent
property and variation in subsurface soil conditions between locations may exist. The actual extent of
variation may not be known until construction is in progress. If conditions differ significantly from those
described in this letter, Kleinfelder should be notified so appropriate modifications to our
recommendations can be made. We appreciate the opportunity to work with you on this project, if you
have questions or comments regarding the opinions presented in this letter, please contact our office.
Respectfully submitted,
KLEIN)FELDER, INC.
J,
au l iastian, P.E.
Project Engineer
Enclosure
L", 152.doc
Copyright 1498 Klcinfeldcr, Inc.
n,
Joseph J. Squir P. E.
Area Manger, Idaho
Pa6'C 1 of I kine 2.. 199N
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MAR 16 '99 12=36
TOTAL P.04
PAGE.04
** TX STATUS REPORT **
DATE TIME TO/FROM
03 03/15 14:41 3452950
200 E. Carlton, Ste. 201
Meridien, ID 83642
Phone: 884-6533
Fax 887-1297
Fax
AS OF MAR 15 '99 14:43 PAGE.01
PUBLIC WORKS
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To: Q e Sows tt i l' Frons Sonya Day
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Phone: Pages: S (Inducting cover sheet)
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•Comments`
A
MAR -16-1999 13:2B FROM
i
BRIGGS ENGINEERING. Inc.
ENGINEERS► / PLANNERS / SURVEYORS
March 16, 1999
Mr. Will Berg, Bruce Freckleton
and Shari Stiles
City of Meridian
200 E. Carlton Avenue, Suite 100
Meridian, Idaho 83642
Re: Sherbrooke Hollows No. 3) Subdivision
(Responses to Staff's Comments on the Final Plat)
General information
TO 8874813 P.02
i � E�0 6
1800 West Overland Ra f1
Boise, Idaho 83705 — 31 f
Voice (208) 344-9700
Fax (208) 345-2950
E-mail BEldaho@msr
RECEIVED
MAR 16 1999
City of Meridian
City Clerk Office
1. Staff is correct, a portion of this area was submitted as Sherbrooke Village Subdivision.
However, since the development is contiguous to Sherbrooke Hollows and the developer is
the same, the utilization of Sherbrooke Hollows No. 3 should not create any problems. We
used the name Sherbrooke Village on the preliminary plat so this project did not cause
confusion with reviewing agencies who track developments by subdivision name.
2. Please review the letter from Klienfelder.
3. Sewer and water service is provided through Sherbrooke Hollows No. 1 and 2.
General Requirements
1. All existing drainage ditches within this phase will be piped. The drainage ditch is private
and no organized user's association or irrigation district has jurisdiction.
2. The existing home has a septic and well. The applicant understands the dwelling will be
required to connect to municipal water and sewer facilities. The existing well and septic will
be removed or abandoned as stipulated in the City Ordinance.
3. Applicant will comply.
4. Applicant will comply.
5. Applicant will comply.
6. Applicant will comply.
7. The pressurized system will be shared by Sherbrooke Hollows Development, Thousand
Springs Subdivision and Thousand Springs Village. The system will be owned and
maintained by Nampa and Meridian Irrigation District. The developer will bond for the
irrigation improvements.
S. Applicant will comply.
9. Applicant will comply.
990706\6(ymcr-hr
MAR 16 199 12:34 PAGE.02
MRR-16-1999 13:2B FROM TO 8874813 P.03
BRIGGS ENGINEE)1tI1V , Inc. — 1800 West Overland Road, Boise, Tdahl*3705 — (208) 344-9700 / Fax 345-2950
Site Snecific Comments
I. Applicant will construct temporary fencing alone phase lines and permanent fencing along
the exterior of the development. Applicant will provide a letter of credit for the
improvements.
2. Understood.
3. Applicant will comply.
4. Plat will be modified to reflect the changes.
5. Notes will be revised.
6. Plat will be modified to reflect staffs request.
7. Plat will be modified to reflect staff's request.
S. Plat changes will be made accordingly.
9. Plat changes will be made accordingly.
10. Plat changes will be made accordingly.
11. Plat changes will be made accordingly.
12. Plat changes will be made accordingly.
13. Fencing will be installed per staff's request.
14. Applicant will comply,
15. Applicant will comply.
16. Applicant will comply.
17. This addition will be added to the final plat.
Sincerely,
BRIGGS ENGINEERING, Inc.
Becky L. Bowcutt
Land Use Planner
BLB:fc
980706\mer6Ty-Itr
TOTAL P.03
MAR 16 199 12:34 PAGE.03
MAR -16-1999 13:28 FROM TO 8874813 P.01
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V R I.G G S
1
ENGINEERS PLANNERS SURVEYORS
FACSIMILE TRANSMITTAL
TO We L � COMPANY-
FAX
OMPANY
FAX NO. 1-f6pC
DATE l y
NO. OF PAGES SENT
(Including Transmittal)
REFERENCE
REMARKS
REPLY' REQUESTED
COPY
FROM
BRIGGS ENGINEERING, INC.
1800 W. OVERLAND ROAD
BOISE, IDAHO 83705
FAX (208) 345-2950 * TEL (208) 344-9700
(BEI) PROJECT NO.
1800 W. OVERLAND ROAD * BOISE, IDAHO 83705 * (208)344-9700 FAX (208)345-2950
MAR 16 '99 12:34 PAGE.01
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DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 1998,
by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party
of the first part, hereinafter called the "CITY", and Gem Park II , and Idaho General
A Partnership, party of the second part, hereinafter called the "DEVELOPER", whose address is
P. O. Box 344, Meridian, Idaho 83642.
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and
by this reference incorporated herein as if set forth in full; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A,
Development Agreements, which provides that cities may enter into development agreements
with developers upon rezoning of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one when
land is rezoned, 11-2-416 L, and.one when land is annexed, which is when it is also rezoned,
11-2-417 D; and
WHEREAS, an application for annexation and zoning of that certain property described
in Exhibit "A was submitted, requesting zoning of Low Density Residential District (R-4) l
and the DEVELOPER has submitted a subdivision final plat for said property; and
WHEREAS, the DEVELOPER made some representations at the public hearing before
the Meridian Planning and Zoning Commission as to how the land would be developed and what
improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation,
or rezoning of property; and
WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this
agreement and acknowledges that this agreement was entered into voluntarily and at its urging
and request; and
WHEREAS, a request was made to the CITY to have the same annexed to said CITY, or
rezoned, and the, DEVELOPER has submitted to the CITY a Plat thereof which has been
approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted
and approved Findings of Fact and Conclusions of Law; and,
WHEREAS, the Findings of Fact and Conclusions of Law required that the
DEVELOPER enter into a Development Agreement; and
961102\devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 1
J
WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law
annexed or rezoned the property subject to de -annexation if the DEVELOPER did not enter into
a Development Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to
this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area,
as follows:
1. That the above recitals are contractual and binding and are incorporated herein as
if set forth in full, and the terms of this agreement cannot be altered, changed or
modified without the express written consent of the CITY.
2. That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit "A":
a. Submit a subdivision plat application of the property to the CITY to be
approved by the CITY -and recorded in the Ada County Recorder" office
prior to any development.
b. That the property zoned R=4 , described in "Exhibit A", shall have lot
'sizes of at least Eijht Thousand ( 8,000) square feet, which is the
size represented at the City hearings, and shall meet all of the requirements
of the R-4 zone including a minimum house size of Fourteen Hundred
(1,400) square feet, and have noduplex units, townhouses, or patio homes
constructed on said property.
C. That there shall be no change to increase the number of lots or reduce the
size of lots as shown in the preliminary plat by the DEVELOPER and
approved by the City, which is incorporated herein as if set forth in full
herein.
3. That DEVELOPER will file or cause to be filed with the City Engineer; a
complete set of "Subdivision Improvement Plans" (Improvement Plans") showing
all streets, utilities, pressurized irrigation facilities, fire hydrants, extensions of
water lines to and along the exterior boundary of such property, landscaping,
drainage, street and other similar signing and barricades, and other such
improvements contemplated within the development, which Improvement Plans
and all improvements shown thereon shall meet the approval of the City Engineer.
Said Improvement Plans are incorporated herein and made a part hereof by
reference.
4. That DEVELOPER will, at his or their own expense, construct and install all,,
961102\devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 2
.9 •
sanitary sewers, storm drains, pumping stations, water mains and appurtenances,
fire hydrants, curbs and gutters, . pressurized irrigation system, electrical
transmission lines, natural gas lines, telephone lines, sidewalks, cross drains,
street, street surfacing, street signs, and barricades as well as any and all other
improvements shown on the Improvement Plans as reviewed and approved by the
CITY.
DEVELOPER agrees that no Certificates of Occupancy will be issued for any
building or use on a lot until all improvements have been installed, completed and
'accepted by the CITY for any phase.
5. That DEVELOPER will construct and install all such improvements in strict
accordance with the filed and approved plat and Improvement Plans, and the City
Standard Engineering Drawings and Standard Engineering Specifications current
and in effect at the time the construction of said improvements is accomplished.
6. That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what improvements he intends to
complete and the time schedule therefor; and agrees to make such modifications
and/or construct any temporary facilities necessitated by such phased construction
work as shall be required and approved by the City Engineer.
7. That DEVELOPER will have "corrected" original drawings of the Improvement
Plans of all said improvements prepared by a Registered Professional Engineer
and'will provide the CITY with said Plans or a duplicate mylar copy of said Plans.
The Improvement Plans of the proposed improvements shall be "corrected" to
show the actual constructed location (both horizontally and vertically) of the
"various water and sewer lines, all utility lines, and pressurized irrigation lines and
their individual building service lines, the curb and gutter alignment and grades,
etc. The "corrected" Subdivision Improvement Plans shall include a
"Certification" thereon, signed by the Registered Professional Engineer in charge
of the work, that said Plans of the various improvements are true and correct
8. That DEVELOPER sliall, immediately upon the completion of each of the two
phases of said development, notify the City Engineer and request his inspection
and written acceptance of such completed improvements or portion thereof.
9. That DEVELOPER agrees, that upon a Finding by the City Council, duly entered
in the official minutes "of the proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need to be completed in the interest
of the health, welfare and/or safety of the inhabitants of the CITY, the
DEVELOPER will, within a reasonable time as determined by the CITY,
construct said needed improvements, or, if he does not so construct within a
reasonable time after written notification of such Council action, and the CITY
thereafter determines to construct, and does construct such improvement, or
961102\devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 3
improvements, the DEVELOPER will pay to the CITY the actual" costs paid or
incurred by the CITY for such improvements so constructed by the CITY, plus
interest thereon at an annual interest rate equal to the prime interest rate of First
Security Bank of Idaho plus five percent (5.0%j until paid, said payment to be
made in such manner and under such terms as the CITY' shall order after
conference with the DEVELOPER. Provided, however, the City Council shall
not make the Finding set forth in this paragraph except at a regular or special
meeting of the City Council, duly held, and unless the DEVELOPER has been
notified in writing of the time and place of such meeting at least three (3) days
prior thereto and has been given an opportunity to be present in person or by
counsei, and to be heard on the meriCs the -proposed Finding.
10. That DEVELOPER agrees that upon his, its, or their having received written
notification from the City Engineer, that any of the requirements herein specified
have not been complied with, that the CITY shall have the right to withhold .the
issuance of any Certificates of Occupancy within'such phase and/or shall have the
right to withhold the providing of culinary water service to any part, parcel, or
portion of such annexed area until such time as' all requirements specified herein
have been complied with; provided, however, the DEVELOPER shall have the
right to appear before the City Council at any regular meeting after any Certificate
of Occupancy or any water service shall have been withheld for reasons set forth
in this paragraph, and shall have the right to be heard as to why such Certificate of
Occupancy should be issued or water service allowed. The Council shall then
decide whether said Certificate of Occupancy shall be issued or water service to
said property allowed, and its decision shall be final, except that the rights of the
parties are preserved at law and equity including, but *not limited to, the right of
appeal to a court of appeal td a court of competent jurisdiction.
11. DEVELOPER agrees that, in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, install the improvements
and declare the entire cost of said improvements to be immediately due and
payable and may seek to collect such sums in the manner provided by law, or may
pursue any other remedy set forth herein or as may be available in law or equity.
x In the event of such declaration, all sums due shall bear interest at the prime
interest rate of First Security Bank of Idaho, plus five percent (5%) per annum,
until paid.
12. That DEVELOPER agrees to, and does hereby, grant a security interest in the
land which is the subject of this Agreement, to secure the installation of all
improvements including, but not limited to, sewer, water, irrigation and drainage
piping, pressurized irrigation system, landscaping and berming, and fencing. In
the event of DEVELOPER's failure to complete such installation, the CITY may
install such improvements and, without notice, foreclose this Agreement as a
mortgage in accordance with the mortgage foreclosure laws of the State of Idaho;
provided further that upon request of the DEVELOPER, the CITY will execute
961102\devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 4
a
and deliver a partial release 'of the lien created herein against all or any portion of
the 'subject land, upon completion of that portion of the total improvements
installed which relates to the percentage of improvements that have been installed
as compared to the total" amount of improvements.
13. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by
written agreement, subordinate the lien created hereby, to any mortgage, deed of
trust, or other security device required to secure the payment of any loan or
advance,made to DEVELOPER for the sole purpose of financing the construction
of improvements upon the land which is the subject of this Agreement; provided,
11V WGVG1, L114.L lllc llll'Qlll.11lg G11U6y JllClll 111J1 Wculalil a11U 1CI51G'JG1Il"11Z-Wl'1tlrlb'�111t1L - '� -
it understands that the contemplated loan or advances will be used solely for the
construction of improvements upon the land and that it will take reasonable
precautions usual and customary to the financing and lending industry to ensure
that the loan proceeds or advances will not be used for any other purpose.
14.. The CITY may also require surety bonds, irrevocable letters of credit, cash
deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the
Revised and Compiled Ordinances of the CITY of Meridian, to insure the
installation of the improvements, and the DEVELOPER agrees to provide such, if
required by the CITY.
15.y That DEVELOPER agrees that as security for the construction by the
DEVELOPER of the Project Improvements, the CITY shall require from the
DEVELOPER irrevocable letter(s) of credit, cash deposit(s), certified check(s), or
negotiable bond(s) as allowed under Section 11-9-606 C of the Revised and
Compiled Ordinances of the City of Meridian, and the CITY shall have the right
to withhold a building permit with respect to any lot within the property until the
same is provided by the DEVELOPER. Said improvements shall include, but not
be Limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage
piping, pressurized irrigation system, landscaping and berming, and fencing.
16. That DEVELOPER agrees, in recognition of the unique and peculiar
circumstances relative to this development, to the special conditions set forth in
Exhibit `B" attached hereto and by this reference made a part hereof; and agrees
to construct a perimeter fence around construction areas to contain debris prior to
any construction, except where roadways and streets for access are located and
except where the CITY has agreed in writing that such fencing is not necessary.
17. That DEVELOPER agrees that those portions of the water main, as, identified in
Exhibii `B" hereto, including any water line extensions, increased line size or
capacity, are required because of future service needs originating from properties
not owned by DEVELOPER and located within the vicinity of the subject
development. That sound planning requires construction thereof at the present
time in order to accommodate future expansion and development. In recognition
961102\devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 5
of the cost savings which can be accomplished by construction of such excess
capacity and/or improvements separately or at a later time, DEVELOPER agrees
to design and construct such facilities subject to the CITY's agreement to enter
into a late comers agreement to reimburse DEVELOPER for a portion of the costs
of such excess capacity. DEVELOPER agrees to obtain three independent bona
fide bids for the performance of such work from qualified and responsible
contractors and shall deliver copies of such bids to the CITY prior to the
commencement of such work. Such bids shall be solicited and itemized in a
manner which allows clear and specific identification of that portion of the
construction work for which the CITY may possibly agree to enter into a late
comers agreement. The CITY 's `obugatior to enter into a iate comers agreement
to help DEVELOPER to pay for such costs shall be limited to the lowest of such
bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER
to perform the work.
18. That DEVELOPER agrees that no Certificates of Occupancy will be issued until
all improvements are completed, unless the CITY and the DEVELOPER have
entered into an addendum agreement stating when the improvements will be
completed in a phased development; in any event, no Certificates of Occupancy
shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
19. That DEVELOPER agrees that any notice required by this Agreement shall be
deemed delivered if and when personally delivered or deposited in the United
States mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY of Meridian:
City Engineer
City of Meridian
33 East Idaho
Meridian, ID 83642
With copy to:
Wayne G. Crookston, Jr.
33 E. Idaho Street
Meridian, Idaho 83642
DEVELOPER:
Gem Park II
P. O. Box 344
Meridian, Idaho 83642
A party shall have the right to change its address by delivering to the other party a
written notification thereof in accordance with the requirements of this Section.
The, parties may at any time hereafter modify or amend this Agreement by a
subsequent written agreement executed by the parties. This Agreement shall not,
however, be changed orally, nor shall it be deemed modified in any way by the act
of any of the parties hereto. Nothing herein is intended, nor shall it be construed,
961102Weve kagr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 6
I
as obligating a party to agree to any modification of this Agreement.
20. That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County'Recorder's office.
21. All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPER'S heirs, successors or assigns.
22. This Agreement shall become valid and binding only upon its approval by the
City Council and execution of the Mayor and City Clerk.
23. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian
and the property shall be subject to de-annekation if the owner,or his assigns,
heirs, or successors shall not meet the conditions contained in the Findings of Fact
and Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian, and the Comprehensive Plan of the City of Meridian which
was approved and adopted on January 4, 1994.
0
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961102\devel-agr
SHERBROOK HOLLOWS, SUBDIVISION DEVELOPMENT AGREEMENT Page 7
j
DATED the date, month and year firs'
a.
CITY OF MERIDIAN:
6
19
By
Robert D. Corrie, Mayor
By
William G. Berg, Jr., City Clerk
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961102\devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 8
STATE OF IDAHO )
SS.
County of Ada)
On this day of, , ,199g,,before.me, the undersigned, a Notary Public
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in and for said State, personall appeared �Greg Johnso"na, known, or proved to me, to
be the President and Secretary of said corporation.that, executed this instrument and the persons
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who executed the said instrument on `behalf of said corporation, and acknowledged to me that
such corporation executed the same.
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day and year in this certificate first above written.
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♦ ♦ Yt • �Y
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l y pT AR 1, - 'Si I r"� N , ary Public for; Idaho
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Residing at: �d13-c-
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STATE OF"IDAHO ') '
County_of Ada) to ,q ss .:; ,f
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On this day of , 1998, before me, the undersigned, a Notary Public
iii and, for saidr State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR..,
known tome to, be the Mayor and City Clerk, respectively, of the City of Meridian that executed
this instrument and the persons who executed the said instrument on behalf of said corporation,
and acknowledged to me that said City of Meridian executed the same.
..=INtWITNESS� WHEREOF;,I-Ihave hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
(SEAL')
Notary Public for Idaho
Residing at:
1, P-rl J` a" (My'C6mmissiori-Expifes:)r#
961102\devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 9
a
0
EXHIBIT "A"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
,. AND
GEM PARK II
F
A parcel of land being a portion of the South '/ of Section'20, Township 3 North, Range 1 East, Boise
Maridinn, Aria Cniinty, IrNhn,.cairi_nnrcal hainn mnra,narticularlv,riacr.rihari ac fnllnwc
Commencing at the iron pin marking the corner common to Sections 19, 20, 29 and 30, T. 3N., R. 1 E.,
B.M., Ada County, Idaho;
Thence N 0044'50' E 1,327.36 feet to an aluminum cap marking the south 1/16 corner common to said
Sections 19 and 20, said point being the REAL POINT OF BEGINNING;
Thence S 89°49'11" E 2,228.88 feet along the north line of the South '/z SW 1/4 of'said Section 20 to a
point on the centerline of the Ridenbaugh Canal;
Along said centerline the following courses and distances:
Thence S 20043'05" E 111.76 feet to a point of curvature;
Thence along a curve to the left 168.45 feet, said curve having a central angle of 12052'06", a radius of
750.00 feet, tangents.of 84.58 feet and a long chord of 168.09 feet which bears S 27009'08" E to a point of
tangency;
Thence S 33°35'11" E 233.60 feet to a point;
Thence S 52°22'11" E 44.27 feet to a point;
Leaving said centerline:
Thence S 0025'48" W 206.24 feet to a point;
Thence N 89034'12" W 538.36 feet to a point;
Thence S 0034'22" W 126.54 feet to a point;
Thence N 89032'04" W 639.99 feet to a point;
Thence S 0034'24" W 531.00 feet to an Aluminum Cap marking the west 1/16 corner common to said
Sections 20 and 29;
961102.des
Y
i.
Thence N 89034'22" W 388.90 feet along the line common'to said Sections 20 and 29 to a point on the
centerline of the Eight Mile Lateral;
Along said centerline the following courses and "distances:
Thence N 3004'10" W 319.40 feet to a point of curvature;
Thence along a curve to the left 155.25 feet, said curve having a delta of 74007'42", a radius of 120.00
feet, tangents of 90.64 feet and a long chord of 144.65 feet which bears N 40008'01" W to a point of
tangency;
Thence N 77011'52" W 523.60 feet to a point; y
Leaving said centerline:
Thence S 89022'14" W 323.49 feet to the line common to said"Sections 19 and 20;
Thence N 0044'50" E 792.41 feet to the REAL POINT OF BEGINNING of this description, said parcel
containing 48.70 acres, more or less.
EXHIBIT "A" 961102
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
GEM PARK II
This subdivision is for 140 Single -Family dwelling units with an overall density of 2.87 dwelling
units per acre. The DEVELOPER shall:
1. DEVELOPER shall'deveiop the properiy described in Exhi'oii "A"'as"'a 14v- lot Single
Family Residential Development pursuant to §11-9-607 of the Meridian Zoning and
Department Ordinance.
2. DEVELOPER agrees to comply with the requirements of the Meridian Police
Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning
Director, Ada County Highway District (hereinafter "ACRD"), Central District Health
Department and the Nampa -Meridian Irrigation District.
3. DEVELOPER covenants and agrees that, in connection with the development of the
Subject Property as may be approved by the CITY pursuant to the Preliminary Plat
Application filed by DEVELOPER, DEVELOPER shall, at its cost and expense, do and
perform the following:
a. Landscaping — Locust Grove Road and Victory Road. Construct a landscape strip
within the Subject Property along the full length of the Subject Property adjacent
to the east right-of-way line of Locust Grove Road ("Locust Grove Road
Landscaping"), and adjacent to the north right-of-way line of Victory Road
("Victory Road Landscaping"). The Locust Grove Road and Victory Road
Landscaping shall be a minimum of twenty feet (20') in width beyond required
ACHD right-of-way. The Locust Grove and Victory Road Landscaping will be
landscaped and sprinkler irrigated in accordance with a landscape plan to be
submitted by DEVELOPER and approved by the CITY.
b. Sidewalk —Locust Grove Road and Victory Road. Prior to obtaining a building
permit on the Subject Property, deposit funds with the Ada County Highway
District for construction of a five-foot (5') concrete sidewalk or construct along
the full length of the Subject Property adjacent to the west boundary of the
Subject Property)"Locust Grove Road") and the south boundary of the subject
property ("Victory Road"). The Locust Grove and Victory Road Sidewalk shall
be constructed in accordance with the standards and specifications of the Ada
County Highway District (hereafter "ACRD") in effect at the time of
construction.
EXHIBIT "B" 961102
SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 4
C. Dedication/Sale of Additional Right-of-Way—Locust Grove Road and Victory
Road., Dedicate or sell land adjacent to the existing east right-of-way line of
Locust Grove Road and existing north right-of-way line of Victory Road required
to meet ACHD's requirement for a forty -five-foot (45') right-of-way from the
centerline of Locust Grove and Victory Road, including any necessary bike lanes.
d. Internal Roads. Construct the internal roads through the Subject Property as
shown on the final plat at the time of development of the Subject Property. The
roads shall be in the location and of the dimensions shown on the approved plat
and as approved§by Ada County Highway District.
e. Subdivision Plat(s). DEVELOPER shall timely prepare, submit, and obtain the
required approval by the CITY of a subdivision plat for the Subject Property, said
plat to be in conformity with the requirements of the Ordinances of the City of
Meridian and State Code and preliminary plat approval.
f. Plan Approvals. Timely submit and obtain the required approval by the City of
all building plans, lighting plans, landscaping plans, and other plans relating to the
development of the Subject Property in accordance with the Meridian City
Ordinances.
g. Compliance with ACHD Conditions of Approval. In the development of the
Subject Property, comply with the terms and conditions of the approval by ACHD
of the development of the Subject Property, as set forth in the ACHD Staff
Report. A master. drainage plan shall be submitted to ACHD and shall be
approved prior to construction of the development. In cases where ACHD's and
the CITY's conditions of approval conflict, the conditions which are more
restrictive shall take precedence.
h. Canals, Ditches and Waterways. Tile all canals, ditches and other waterways on
the Subject Property and submit evidence of appropriate approvals from the
irrigation district and/or downstream water users, except those waterways which
include the Ridenbaugh Canal, Eight -Mile Lateral and Nine -Mile Drain as
approved by variance by the Meridian City Council.
Water and Sewer Service. Connect all water and sewer facilities within the
Subject Property to the municipal water and sewer service of the City of Meridian.
'All water and sewer facilities constructed or installed by DEVELOPER on the
Subject Property shall be in accordance with plans and specifications therefor
which shall be first approved by the CITY.
Landscaping — General. Construct and install all landscape areas, as shown on
plans to be submitted and approved by the CITY, with sod and sprinkler irrigation
system. All shrubs and trees planted on the Subject Property will comply with the
EXHIBIT "B" 961102
SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 4
CITY's landscape requirements, unless otherwise expressly approved by the
CITY.
4. Lighting. All lighting will be designed in accordance with Meridian Ordinance Section
2-414.D.3 and approved by the Meridian City Engineer. No glare or illumination of
adjacent properties, as determined by the CITY, will be permitted.
5. Maintenance of Landscaping. All landscaping referenced in this agreement shall be
perpetually maintained in a neat, aesthetically pleasing and workmanlike manner by the
DEVELOPER or the Sherbrooke Hollows Home Owners Association.
6. Pressurized Irri ation. Provide pressurized irrigation to all lots within this subdivision.
Evidence of approvals from appropriate irrigation District/canal Company and
downstream water users must be submitted to the City.
7. Fencing. Perimeter fencing (required prior to obtaining building permits). The fence
shall be six feet (6') in height and shall be permanent and constructed of non-combustible
materials.
8. Meet -the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet all Ordinances of the CITY.
9. Extension of the Nine Mile Sewer Trunk Line. The applicant will be responsible for
extension of the Nine Mile Sewer Trunk line south on Locust Grove from the entrance of
Los Alamitos Subdivision to the subject property. The 12 -inch sewer trunk line will be
extended through the subject property to Vidtory Road.
10. Relocation of the Nine Mile Drain. Provide evidence of plan approval from Nampa and
Meridian Irrigation District prior to relocation of the Nine Mile Drain.
11. Block Length. The Meridian City Council granted a variance of the maximum block
length of 1,000 feet on those block's which exceeded the requirement.
12. Shipley Property Drainage. Provide a plan with provisions for a perforated pipe to
intercept subsurface drainage along the north boundary of the subject property.
.13. Pedestrian Bridge. Provide evidence of a deposit in the amount of $15,000.00 to a
trust fund at Ada County Highway District for one-half the cost for a future pedestrian
bridge over the Ridenbaugh Canal.
14. One Story Lots. Lots 2, Block 2 and 2 Block 7 Sherbrooke Hollows No. 1 at the Victory
Road entrance shall be'single story homes. The six (6) lots adjoining the southeast corner
of the subject property shall be single story to preserve the view corridor.
EXHIBIT "B" 961102
SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of/
f
R b.
F
BEFORE THE MERIDIAN CITY COUNCIL " q;
IN THE MATTER OF THE )
APPLICATION OF GEM.PARK II, ) (FP -99-004)
FOR APPROVAL OF FINAL PLAY ) ORDER OF CONDITIONAL
FOR SHERBROOKE HOLLOWS ) APPROVAL IOF FINAL PLAT
NO. 3 SUBDIVISION, ) .
MERIDIAN, IDAHO )
This matter coming before the City Council for Final Plat approval
4
pursuant to § 11-9-604 H Municipal. Code of the City of Meridian the 16th day of,
March, 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 Brnice Freckleton, Assistant`to City Engineer, and Shari Stiles, Planning and
aZoning Administrator, listed 9 General Comments and 17 Site Specific Comments, which
are herein found fair and reasonable, and that Shari Stiles; Planning and Zoning
Administrator, commented at the hearing, and Becky Bowcutt, appeared on behalf of the
applicant, and the Council having considered the requirements of the preliminary plat the
s
Council takes the following action:
" IT IS HEREBY ORDERED THAT:
1. The Final Plat of "SHERBROOKE HOLLOWS NO. 3" as evidenced in Plat
bearing the job reference #980706 \SHER3PLT. BI(B 01/14/99, and
stamped JAN 14.1999, -BRIGGS ENGINEERING; INC., Consulting
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHERBROOI<E HOLLOWS NO. 3 - 1
P
r
i
Engineers; GEM PARK II, Develope"r, is Conditionally Approved subject to
those conditions of Staff comments as set forth in the Memorandum to the
+ g
Mayor and City Council from Bruce Freckleton, Assistant to the City
Engineer, and Shari Stiles; Planning and Zoning Administrator, dated
• f
March 15, 1999, listing 9 General Comments and 17 Site Specific
Comments, a true and correct copy of which is attached hereto marlced
e
Exhibit "A" and by this reference' incorporated herein, with the additional
requirements that:
a 1.1 Street name signs and roads need to be installed before building is
started; that there shall be "No Parking" of vehicles or trailers in the
F
cul-de-sacs; that all common lots Will need to be kept clear of trash
and weeds.
1.2 The Central District Health Department requires after written
approval from the appropriate entities are submitted, they can
approve this proposal for central sewage and central water; that plans
must be submitted to -and approved by the Idaho Department of
w 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHERBROOI(E HOLLOWS NO. 3 - 2
groundwater and surface water quality; that engineers and architects
should obtain current best management, practices for stormwater
LL disposal -and design a stormwater management system that is
preventing groundwater and surface water degradation. Manuals for
guidance:
1.2. I .r State of Idaho Catalog Of Stormwater Best Management
Practices For Idaho Cities And Counties. Prepared ,by the
r.
Idaho Division Of Environmental Quality, July 1997.
1.2.2 Stormwater Best Management Practices Guidebook. Prepared
by City of Boise Public Works Department, January 1997.
1.3 Nampa &, Meridian Irrigation District requires a Land Use
a F
Change/Site Development application be filed for review prior to
final platting. All laterals and wasteways must be protected. All
municipal surface drainage must be retained on site. If any surface
drainage leaves the site, the Nampa & Meridian. Irrigation District
must review drainage plans. The developer must comply with Idaho
Code § 31-3805. It is recommended that irrigation water be made
available to all developments within the Nampa SL Meridian
Irrigation District.
ORDER OF. CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHERB�ROOKE HOLLOWS NO. 3 - 3 _
t
2. 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 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
y 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 16th day of
March, 1999. a
B4RER'TD.
CORRIE
City of Meridian`
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
DepartmeOf
By:
ity Cleric
SL
msg\ZAWork\M\Meridian 15360M\Sherbrooke Hollows No.3\CondAppFinPlt.frm
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ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SHERBROOKE HOLLOWS NO. 3 - 4
Mayor
ROBERT D, CORRIE
Council Me►ribers
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
CG 3114111
LEGAL DEPARTMENT
(208) 884-4264
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-2211
PLANNING AND ZONING
DEPARTMENT
(208)884-5533
MEMORANDUM: March 15, 1999
To: Mayor and City Council
From: Bruce Freckleton, Assistant to City Engineer
Shari Stiles, P&Z Administrator
Re: Request for Final Plat for Sherbrooke Hollows Subdivision No. 3 (formerly
Sherbrooke Village Subdivision) — 36 Building Lots on..11.43 Acres by Gem Park -II
Partnership and Richard and Connie Coonse, -
We have reviewed this submittal and offer the following comments, as conditions of the final plat.
These conditions shall be considered in full, unless expressly modified or deleted by motion of the
Meridian City Council:
GENERAL INFORMATION
This plat was submitted for preliminary plat as Sherbrooke Village Subdivision. It is now being,
submitted as a final plat as the third phase of Sherbrooke Hollows Subdivision and includes lots that
were included in the Sherbrooke Hollows Subdivision preliminary plat. This final plat generally
conforms to the approved preliminary plat, though some lots have had minor modifications.
x
Applicant provided subsurface soils °information gathered in 1996 and 1997 for the Sherbrooke
Hollows Subdivision. From that information, it isn't'clear whether any of the test holes are within
the boundaries of this proposed development.
Sewer and water service to this site will be via extensions of mains that are being installed as part of
earlier phases of this development.
GENERAL RREQUIREMENTS
1. Any existing irrigation/drainage ditches crossing the property to beincluded 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.
Sherbrooke Hollows Sub No. 3.17P.doc
0
'R
P&Z Commission, Mayor & Council
March 15, 1999
Page 2 .
2. Any existing domestic wells arid/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. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B.
4. Applicant will be responsible to construct the sewer and water' mains to and through this
proposed development. Subdivision designer to coordinate main sizing and routing with the
•Public Works Department.
: r
F 5. Please submit a copy of the Ada County Street Name Committee's final approval letter for
the Subdivision name, lot and block numbering, and street names. Make any corrections
necessary to conform.
6. Detemiine'the seasonal high groundwater elevation, and submit a profile of the subsurface soil
conditions, as prepared by a soil scientist; with street development plans.
7., Submit a plan approval letter to the Public Works Department from the entity having
jurisdiction over design and construction of the pressurized irrigation system. A letter of
credit or cash will be required for these improvements prior to signature on the final plat.
8: Coordinate fire -hydrant placement with the City of Meridian Public Works Department.
r
9. Please address, in written form, all items contained in this memorandum (both General and
Site Specific) and submit to the City Clerk's office by 12:00 noon, March 16, 1999. Prior to
development' plan approval, three copies of the revised plat -must be reviewed by the Public
Works Department for compliance with all conditions of plat approval. r
SITE SPECIFIC REQUIREMENTS
1. m Temporary fencing to contain construction debris shall be installed and maintained along all
phase lines prioi.to obtaining building permits unless specifically waived in writing by the City
P&LAdministrator. A letter of credit or cash will -be required for these fences prior to
signature on the final plat..
2. All street.signs, road base, streetlights, pressurized irrigation system, domestic water system
(activated`fire hydrants), and fencing are to be installed prior to obtaining building permits.
3. Complete the Certificate of Owners and the accompanying Acknowledgement.
Sherbrooke Hollows Sub No. 3.FP.doc
a
Sherbrooke Hollows Sub No. 3.FP-doc
1 3
3
B '
Mayor and City Council
March 12, 1999 p
Page 3
4
The sum of the distances for Lots 13, 14, 15, 22, Block 7, and the additional 23' right-of-way
on East Victory Road do not °equal the boundary distance of 491.00 feet. The sum of the
distances for Lots 16, 17 and 21, Block 7, do not equal the boundary distance of 203.99. u
Make'necessarychanges to the plat to conform.
5.
Please revise the the following plat notes:
(I1) . Add instrument number for development agreement of Sherbrooke Village
Subdivision.
-(12) Except for Lot 2-1-, 22 Block 7, ... t
6
Graphically depict the 10' rear yard public utilities, drainage and irrigation easements.
7.
Lots 13 and 14, Block 7, do not meet the minimum 40' chord distance. Revise plat to
conform. {
8.
Graphically depict a ten -foot -wide pressure irrigation easement on the northern boundaries
of Lots 12 and 13, Block 7, Lots 2 and 9, Block 9, and Lot 31, Block 8.
9.
Graphically show five -foot -wide easements for Public Utilities, Drainage and Irrigation along
the subdivision boundary line (side lot line) of Lot 12, Block 6, Lot 8, Block 7, if these lines-
are side yards adjacent to future/existing phases of this development.
10.
;Graphically depict a 15 -foot -wide public utilities, drainage and irrigation easement along the
easterly boundaries of Lots 29-32, Block 8. The additional width is required due to the
location of the irrigation facilities.
11.
Add arrow'symbol depicting house front orientation towards E. Mackay Dr. for Lot 8, Block
6; Lot 1, Block 9; and Lot 29, Block 8. Include arrow in legend.., The reason for this
requirement is due to the less than minimum street frontages. y
12.
The distance for the easterly boundary of this subdivision, shown on the plat, as 777.04,
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doesn't match the distance of 752.04' in the legaldescription of the Certificate of Owners.
Revise plat or legal description to conform
13.
Construct permanent, six -foot -high; non-combustible perimeter fencing along the -eastern
boundary against the "Unplatted RT" property. A letter of credit or cash will be required for
this fencing prior to signature on the final plat. Fencing is to be in place prior to applying for
building permits.
14.
A letter of credit or cash surety will be required for landscaping and fencing improvements
prior to signature`on the final plat.
Sherbrooke Hollows Sub No. 3.FP-doc
Mayor and City Council
March 12, 1999
Page 4
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15. Submit compaction test results to the Meridian Building Department for all lots impacted by
filling of existing ditches.
16. Please provide the Public Works Department a letter from a soils scientist that defines the sub-
surface soils condition, including an elevation referenced to project datum to the "normal"
high ground water, within the boundaries of this proposal. If this requested information can't
' be determined from the existing data that was submitted, then possibly additional test holes
and monitoring will be necessary. The design centerline of the streets�shall be a minimum of
(3') feet above the "normal" high ground water elevation asestablished by a soils scientist.
17. Provide a. blowup detail of the pin configuration for the area where E. Mackay Drive and S.
Gold Bar,Avenue intersect.
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Sherbrooke Hollows Sub No. 3.FP.doc
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BRIGGS ENGINEERING, lne. 1.800 West Overland Road -
Boise, Idaho 83705 — 3142
R ENGINEERS l PLA WEBS /SURVEYORS Voice (208) 344-9700
Fax (208) 345-2950
E-mail BEldaho@msn.com
March 16, 1999
Mr. Will Berg; Bruce Freckleton
and Shari Stiles
`City of Meridian
200 E. Carlton Avenue, Suite 100
Meridian, Idaho 83642
Re: Sherbrooke Hollows No. 3 Subdivision
(Responses to Staff's Comments on the Final Plat)
1 r C_1ET_
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MAR 16 1999
CI'T'Y OF iVIERIDIA
PLANNING & ZONI2
y
General information
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1. Staff is correct, a portion of this area was submitted as Sherbrooke Village Subdivision.
} However, since the development is contiguous to Sherbrooke Hollows and the developer is
the`same, the utilization of Sherbrooke Hollows No. 3 should not create any problems.. We
used the name Sherbrooke Village on the preliminary plat so this project did not cause
confusion with reviewing agencies who track developments by subdivision name.
2. Please review the letter from Klienfelder.
3. Sewer and water service is provided through Sherbrooke Hollows No. 1 and 2.
General Requirements
1. All existing drainage ditches within this phase will be piped. The drainage ditch is private
b, and no organized user's association or irrigation district has jurisdiction.
2'. The existing home has a septic and well. The applicant understands the dwelling will be
required to connect to municipal water and sewer facilities. The existing well and septic will
be removed or abandoned as stipulated in the City Ordinance.
3. 'Applicant will comply.
4. Applicant will comply. -
Applicant will comply..
6. Applicant will comply.
7. The pressurized system will be shared by `Sherbrooke Hollows Development, Thousand
Springs Subdivision and Thousand Springs Village. The system will be owned and
maintained by Nampa and Meridian Irrigation District. The developer will bond for the
irrigation improvements. _
8. Applicant will comply.
: 9: Applicant will comply.
980706kirymer-icr
MAR 16. 1139 12:35
PAGE 27
KLEi�NFELDER
J'
Jude 23, 1998
File: 30-609902 "
Briggs Engineering_.
1800 West Overland Road
Boise; Idaho 83705
Attention: Becky Bowcui
SUBJECT: Sherbrook VUlage Subdivision
Meridian, Idaho
Dear Becky:
At your request; we have reviewed the°groundwater information gathered in 1996 and 1997 for
Sherbrook Hollows Subdivision which is located -west of, and adjacent`to the subject property. Based on
our visual review of the site, it is our opinion that subsurface soil and groundwater conditions on the
Sherbrook Village site may be similar to those encountered on the Sherbrook Hollows site. Soil
condiiions appear to be relatively uniform in the area and should consist of silty clay underlain by dense
sandy gravel. Cementation in the upper three to five feet of sandy gravel should be expected. Perched
water may be encountered near irrigation features. However, it is our opinion the actual depth to
n seasonal high groundwater may be -about seven to ten feet or more below the existing ground surface.
The opinions presented in this letter are. based on information previously obtained from the adjacent
property and variation in subsurface soil conditions between locations may exist. The actual extent of
variation may not be known until construction is in progress. If conditions differ significantly from those
described -in this letter, Kleinfelder should be notified so appropriate modifications to our
recommendations can be made. We appreciate the opportunity to work with you on this project, if you
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have questions or comments regarding the opinions presented in this letter, please contact our office..,
Respectful ly"submitted,
KLEINIFELDER, INC.
• s
J. auastian; P:E. Joseph J. Squit P.C.
Project Engineer Area Manger, Idaho
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Enclosure w
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Copyright IVVR Klcinfcldcr, Inc.
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MAR 1'6 199 12:.36 PAGE.04