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HomeMy WebLinkAboutTumble Creek Sub FPWILL~r1M G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY a. SMITH, P.E., City Engineer ` BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~UB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY 33 EAST IIfAHO MERID)iAN, IDAHO 8302 P & Z COMMIS ION Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Depazmaent (208) 887-2211 JIM JOHNSON, Chairman TIM HEPPER Motor Vehicle/Drivers Licease (208) 888-4443 JIM SHEARER ROBERT D. ~RRIE GREG OSLUND MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 11. 1996 TRANSMITTAL DATE:__ 5/20/96 HEARING DATE: 6/18 /96 REQUEST: Final Plat for Tumble Creek Sub vision BY: Arnold Stubblefield LOCATION OF PROPERTY OR PROJECT:__ West Ustick Road and North Linder Road JIM JOHNSON, PIZ MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT °'' BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COMITY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA hERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WESF(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU C1F RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: i ~1 ~ • REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: Feb 4, 1996 A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning commission action. GENERAL INFORMATION 1. Name of Annexation and subdivision.TUMBLE CREEK SUBDIVISION 2. General Location, West Ustick Rd. and N. Linder Road Mile. 3. Owners of record. Stubblefield Construction Address, 641 Franklin Rd. Meridian Zip 83642 Telephone 4. Applicant, Arnold Stubblefield, Address 641 Franklin Rd Meridian Id. Zip 83642 Telephone 864-1522 5. Engineer, Rov B. Johnson Firm Johnson EnQineerin9 Address 9225 Chinden Blvd Suite J Zip82714 Telephone 323-7563 6. Name and address to receive city billings: Name Arnold Stubblefield Address 641 Franklind Rd. Meridian, zip83642 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 19.25 2. Number of lots 65 3. Lots per acre 3.38 4. Density per acre 3.38 5. Zoning Classification(s) R 4 ~J f • ~~ 6. If the proposed subdivision is outside the Meridian city Limits but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for Yes 9. Are there proposed recreational amenities to the City No Explain common area for Homeowners only 10. Are there proposed dedications of common areas? Yes Explain Landscape lots, alono Ustick Road for future Barks? No Explain 11. What school(s) service the area Meridian do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City None Water Supply Fire Department Other Explain 13. Type of Building (Residential, Commercial, Industrial or combination) Residential 14. Type of Dwelling(s) Single family, Duplexes, Multiplexed, other single family 15. Proposed Development features: a. Minimum square footage of lot (s) 8000 b. Minimum square footage of structure (s) 1400 c. Are garages provides for, Yes square footage 2 car d. Are other coverings provided for No e. Landscaping has been provided for Yes. Describe _ Lot 1 Blk 5 and Lot 1 block 6 Lot 1 Block 7 (2) i .~ ~; • • f. Trees will be provided for yes trees will be maintained common area only . g. Sprinkler systems are provided for Landscape lots h. Are there multiple units No type remarks i. Are there special set back requirements No Explain j. Has off street parking been provided for Yes, Explain Garage and Driveway k. Value range of property 100,000. up 1. Type of financing for development none m. Protective covenants-were submitted no Date 16. Does the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. Site specific comments 1. The plat generally conform to the previously approved preliminary plat. ,~ 1 2. Proof of ownership is on file with the city planner. 3. This final plat conforms with the approved preliminary plat and all conditions are being met. 4. This plat conforms to the provisions of the zoning and development ordinances. 5. This plat conforms to generally accepted engineering and surveying standards. 6. Subdivision name and street name letter from county will follow the hearing scheduled for Feb. 8, 1996. Tumble/merapplic . • ~ ~ 1~.1 ~~ C~ ~ ii b ~~ k ~~~ ~ ~~ 4~ ~~ ~ ~j~ : ~ i ~ ~ t~~ t ~ ~ ~ ~~ ~i~~ ~~~ ~ ~ ~ ; ~, g~~~ 1 .. f Mit ~ ~~~ ~~ ~S35ei~f J ~^~ ~8r O 1~~ ~'_ 0/~ IYWt II[1v ~ _ _ _ r/~ fY000"JYE V L 11~~" ~~~ ~ ~"'{ S ~ ~ ~' G ~' ~~Qo `'~ r~ 2 2 ~u~~5- E ; ~Cyy~y V 1 < N~ ~ ~I^ MtNL06 ;~ y~y$t K2~.91O06M b~1S 9~ ~.'G 1L05 ~~a o o eO ~ - ~---- s ~/ ~ i © 0 ® i LW If MlGAla05 W ~ era ~ ~ e ~ ® ® e ® o ® o © # \\ ~ ® 1~ " 3FliYL011 ® ; ® @ ~~ \ ~eleraa a+L nxs+aox ae ~~ ~~ 3 ~s \ croeL Nis E ~ Jz~mc ~~ ~ ate. ~ 1 I i ~ . e ~~ ~i~'s i ~ _ _ _ • • J ~ ~jr I BUILDER - DEVELOPER - GENERAL CONTRACTOR REAL ESTATE - PROPERTY MANAGEMENT P. O. Box 327 Meridian, Idaho 83842 Phone (208) 888-1202 FAX (208) 888-1838 3328 Mather Field Road Rancho Cordova, California 95670 Phone (916) 364-7869 2258 Bradford Avenue Highland, Califomia 92346 Phone (714) 8641522 FAX (714) 884-6957 Tuesday, February 6, 1996 Shari Stiles Planning and Zoning Administrator Meridian Planning Dept. 33 East Idaho Ave. Meridian, id. 83642 Dear Shari: Pursuant to our previous meeting, enclosed is the final Platt application for Tumblecreek Subdivision. We trust that you will find the application complete per the cities guidelines for Final Plat Submissions. In the event that we have inadvertantly ommitted a required exhibit to the submission, we would respectfully request that you let us know right away and we will correct any deficiencies as soon as possible. It is our understanding that by submitting the final plat this date that our submission is timely and within the one year time frame requirement from preliminary plat approval. •r Thank you for your consideration of this request. ~p ~ / BUILDER - DEVELOPER - GENERAL CONTRACTOR REAL ESTATE - PROPERTY MANAGEMENT P. O. Box 327 Meridian, Idaho 83642 Phone (208) 888-1202 FAX (208) 888-1838 Tuesday, February 6, 1996 Shari Stiles Planning and Zoning Administrator Meridian Planning Dept. 33 East Idaho Ave. Meridian, Id. 83642 Dear Shari: • 3328 Mather Field Road 2258 Bradford Avenue Rancho Cordova, California 95670 Highland, California 92348 Phone (916) 364-7869 Phone (714) 8641522 FAX (714) 8646957 Pursuant to our previous meeting, enclosed is the final Platt application for Tumblecreek Subdivision. We trust that you will find the application complete per the cities guidelines for Final Plat Submissions. In the event that we have inadvertantly ommitted a required exhibit to the submission, we would respectfully request that you let us know right away and we will correct any deficiencies as soon as possible. It is our understanding that by submitting the final plat this date that our submission is timely and within the one year time frame requirement from preliminary plat approval. Thank you for your consideration of this request. • BUILDER - DEVELOPER - GENERAL CONTRACTOR REAL ESTATE - PROPERTY MANAGEMENT P. O. Box 327 Meridian, Idaho 83642 Phone (208) 888-1202 FAX (208) 888-1838 Monday, May 13, 1996 Shari Stiles Planning Director Meridian City Hall 33 East Idaho Meridian, Id. 83642 3328 Mather Field Road Rancho Cordova, California 95670 Phone (916) 364-7869 2258 Bradford Avenue Highland, California 92346 Phone (714) 864-1522 FAX (714) 864-6957 Re: Request from Gary Smith for engineered drawing of proposed Well site for Tumblecreek Subdivision. Dear Shari; Attatched per Gary's request is the engineers drawing of the proposed well site location for Tumblecreek subdivision. As we stated and agreed in previous council meetings Stubblefield Construction will Dead this site to the city on the same terms and conditions as other well sites have been Deeded to the City. Previously we submitted the deeds showing legal ownership of the property as well as the access easement. In the event the city has not constructed the welt site by the time that development begins on this property, we would propose that our Developers agreement contain language that would allow the city to be flexile in the wetl site location, should it turn out that in the design of the subdivision that moving this site on the property would be more efficient with the design. I trust this will serve your needs at this time and we can continue processing the final plat of phase 1 of the tumblecreek subdivision. • • INGRESS/EGRESS EASEMENT A PORTION OF SECTION 35, T.4N., R.1W., BOISE MERIDIAN, ADA COUNTY, ID CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1 50.00' 22.49' 11.44' 22.30' N22'08'24 W 2545'59 C2 135.00' 92.68' 48.25' 90.87 N54'41'24 W 3520'0 C3 145.00' 99.54' 51.82' 97.60' S54'41'24 E 39'20'0 C4 60;00' 28J4' 14.65' 28.47 S21'1T5 E 2T26'54" MORE PARTICULARLY DESCRIBED AS FOLLOWS COMM€NCING AT THE SOUTHEAST CORNER OF SECTION 35 T.4N., R.1W. BOISE MERIDIAN, THENCE N 89'14'41" W 206.56 feet along C/L Uatick Rd, thence N 00'45'19" E 25.00 feet to the point of beginning, thence C1: On a curve to the left, whose central angle is 2545'59" - whose radius is 50.00 feet, whose length is 22.49 feet, and whose long chord boors N 22'08'24' W 22.30 feet, thence C2. On a curve to the left, whose central angle is 39'20'Od' whose radius is 135.00 feet, whose length is 92.68 feet, and whose Iona chord bears N 54 41'24" W 90.87 feet, thence N 74 21'25 W 56.04 feet, thence N 73'35'24" W 56.01 feet, thence N 7525'42" W 51.48 feet, thence N 74 12'29" W 685,90 feet, thence N 0000'00" E 20.78 feet, thence S 7412'29" E 103.92 feet along south line of well site, thence S 0000'00" W 8.31 feet, thence S 7412'29" E 585.24 feet, thence S .7525'42" E 48.21 feet, thence S 0000'00" E 1.57 feet, thence S 73'35'24" E 58.88 feet, thence S 7421'25" E 55.98 feet, thence C3. On a curve to the right, whose central angle is 39'20'00" whoae radius is 145.00 feet, whose length is 99.54 feet, and whose long chord bears S 54'41'24" E 97.60 feet, thence C4. On a curve to the right, whose central angle is 2T26'54" whose radius is 60.00 feet, whose length is 28.74 feet, and whose long chord bears S 21'17'57" E 28.47 feet, thence N 89'14'41" W 10.13 feet, thence Contains 0.274 acres ~ MERIDUW CITI' WELL SRE LINE DIRECTION DISTANCE Lt N0045'1 E 25.00' L2 N7421'25 W 56.04' L3 N73'35'24 W 56.01' L4 N7525'42 W 51.46' L5 N0000'0 E 20.78' L6 S0000'0 E 8.31' L7 875'25'4 E 48.21' L8 800'00'0 E 1.97' L9 873'35'24 E 58.88' L10 874'21'2 E 55.98' L11 N89'14'41 W 10.13' A PORTION OF SECTION 35, T.4N., R.1W., BOISE MERIDIAN, ADA COUNTY, ID MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SECTION 35 T.4N., R.1W. BOISE MERIDIAN, THENCE N. 66'57'54" W. 1093.46 FEET TO THE POINT OF BEGINNING, THENCE S. 00'00'00" E. 103.92 FEET, THENCE N. 74'12'29" W. 103.92 FEET, THENCE N. 00'00'00' E. 103.92 FEET, THENCE S. 7412'29" E. 103.92 FEET TO THE POINT OF BEGINNING CONTAINS 0.248 AC PROPOSED CITY OF MERIDIAN w WELL SITE g ~ ~ ~ ~Sl¢~~z'19'f o ~~~`2' POINT OF BEGINNING 100' w Q 0 N ~ Neg. ~~~~ c°.i 103 929"W BASIS OF BEARING x$9'14'41"F FD. 1" PIPE TOP OF BANK 1 s4 >g"W . 5 9p` `gs 2` 46 W CSC CR ON' U N P LATTE D ~"~ W. DRAWN BY: CK'D. BY: R.B.J. FENCE CORNER INGRESS~EGRESS EASEME 0 END OF CULVERT 4 BRICK TICK ROAD „N8s',4'4, BEGINNING POINT INGRESS/EGRESS EASEMENT L ~~ 206.56' CITY OF MERIDIAN PROPOSED WELL SITE DATE 4/30/96 PROJECT: SCALE 1"=200' STUBBLEFIELD CONSTRUCTION CO. A PORTION OF THE SE 1/4 SE 1/4 DRAWING N0. OF SEC. 35, T.4N., R.1W., B.M. L BHEET_ 1_OF Q ~' ~' L1J I~ J z 3 1 • V V~ • BUILDER - DEVELOPER - GENERAL CONTRACTOR REAL ESTATE - PROPERTY MANAGEMENT P. O. Box 327 Meridian, Idaho 83642 Phone (208) 888-1202 FAX (208) 888-1838 February 5, 1996 City of Meridian Planning Department 33 East Idaho Meridian, ID 83642 3328 Mather Field Road 2258 Bradford Avenue Rancho Cordova, California 956'70 Highland, California 92346 Phone (916) 364-7869 Phone (714) 864-1522 FAX (714) 884-8957 RE: TDMBLE CREEK SIIBDIVISION FINAL PLAT 1ST PHASE. Dear Shari: We, the undersigned, Stubblefield Construction Company, owners of the property consent to the plating of this property. The accompaning title report is where phase one of the Tumble Creek Subdivision will be constructed. Sincerely, -~ L .~~ J.E. Stubblefield, Vice-President X1/10/94 49ED 09:45 FAY 208 122 55J r FIRST A3IERICAN TI LE I~ 001 FA-93713 Your No. STtTBBLEFIELD SECOND CGMMITI'LEZ1'l~ SCHEDULE A • TO: FIRST AMERICAN TITLE 7311 POTOMAC DRIVE BOISE, IDAHO • ATTN:~ MARK STUBBLEFIELD 1. Commitment Date: AUGUST 2, 1994, AT 12:36 P.M. 2. Policy or Policies to be issued: Amount Fee ( ) (a) Owner's Policy ALTA Form 1402-92 (1Q-17-92) Proposed Insured: (X) (b} EXT. Loan Policy TO BE DETERMINED ALTA Form 1056-92 (10-17-92} Proposed Insured: TO BE DETERMINED ( ) (c) Endorsements 3. Fee sa,~tpie interest in the land described in this Commitment is awned, at the Commitment Date by: STUBBLEFIELD CONSTRUCTION COMPANY, a California corporation, successor by merger to STT38HLEFIELD DEVELOPMENT COMPANY, a joint venture composed of A.H.S. DEVELOPMENT, ING., a California corporation, and J.E.S. DEVELOPMENT CO., INC., a California corporation 4. The land referred to in this Commitment is situated stn the state of Idaho, couatq of Ada, and is described as fo~.lows: SEE ATTACHED SCHEDULE C The records of the Ada County Txtx Rolls disclose the above pxopexty address as: none available KC Page 1 n LJ FA-9 3 713 Your No. STVBBLEFYELD SCHEDULE B - Section 1 REQUIREMENTS The following requirements must be met: '(a) Pay the agreed amounts for the interest in the land and/or the'Mortgage to be insured. (b) Pay us the premiums, fees and charges for the Policy. (c} Documents satisfactory to us creating the interest in the land and/or the Mortgage to be insured must be signed, delivered and recorded. (d) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (e) You must give the following information: ~. Any off record leases, surveys, etc• 2. Statements} of identity, al.l parties. 3. We require a certif ied copy 4f the corporate resolution authorizing the mortgage and directing the axecut~.on of the forthcoming mortgage. Page Z ~J • FA-93713 Your No. STUBBLEFIELb SCHEDULE B - Section 2 EXCEPTIONS Any Policy we issue will have the following exceptions unless they _, are taken care of to our satisfaction. PART I: 1- Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2• Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3• Easements, claims of easement or encumbrances which are not shown by the public records. ~• Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5• (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or nvt the matters excepted under (a), (b), or (c) are shown by the public records. 6- Any liens, or rights to a lien, far services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. continued The foregoing numbered exceptions (1-6) may be eliminated in an ALTA Extended Coverage policy, Page 3 l~ J SCHEDULE B CONTXNUED • Your No. STUBBLEFIELD 7.. General and Special Taxes for the year 1994, are an accruing lien and not yet due or payable. 8. Special assessments of the City or Village of Meridian, if any, for which we make no search. 9. Liens, levies and assessments of the Nampa Meridian Irrigation District, and the rights, powers and easements of said District as by law provided. 10. An Easement over said land in favor of CITY OF MERIDIAN, for sewer and incidental purposes a:s set forth in an instrument recorded January 11, 1978, as Instrument No. 7801814, Official Records. Z1. An Easement over said land in favor of AMERICAN TELEPI3ONE AND TELEGRAPH COMPANY OF WYOMING, for communication lines and incidental purposes as set forth in an instrument recorded January 14, 1991, as Instrument No. 9101800, and amended February 26, 1991, as Instrument Na. 9109663, Official Records. 12. Terms, conditions, restrictions and easements as disclosed by Ordinance recorded September 16, 1993, as Instrument No. 9376525, Official Records. NOTE: General taxes for 1993, in the original amount of $360.32, Code Area 03, A. P. No. S 1202-11-0025, have been paid in full. NOTE: General taxes fox 1993, in the original amount of $29.30, Code Area 03, A. P. No. S 1202-11-0075, have been paid in full.. NOTE: General taxes for 1993, in the original amount of $32.10, Code Area 03, A. P. No. S 1202--11-0180, have been paid in full. NOTE: General taxes for 1993, in the original amount of $15.82, Code Area 03, A. P. No. S 1202-11-0190, have been paid in full. NOTE: General taxes far 1993, in the original amount of $48.19, Code Area 03, A. P. No. S 1202-11-0205, have been paid in full. NOTE: General taxes for 1993, in the original amount of $114.62, Code Area 03, A. P. No. S 1202-11-0570, have been paid in full. continued Page 4 • • SCHEDULE B CONTINIIED NOTE: General taxes for 1993, in the original amount of $G.73, Cade Area 03, A. P. No. S 1202-21--0610, have been paid in full. NOTE: General taxes for 1993, in the original. amount of $12.24, Cade Area 03, A. P. No. S 1202-11-0620, have been paid in full. ~• NOTEE: General taxes for 1993, in the original amount of $29.30, Code Area 03, A. P. No. S 1202-110630, have been paid in full. NOTE: General taxes for 1993, in the original amount of $27.2.55, Code Area 03, A. P. Nv. S 1242-11-0722, have been paid in full. NOTE: General taxes for 1993, in the original amount of $19.29, Code Area 03, A. P. Na. S 1202-11-1150, have been paid in full. 13. Any off-record facts, encumbarances, easements or possessory claims, a survey or inspection would disclose. NOTE: Pursuant to the State of Idaho insurance regulation: A cancellation fee will be charged an all cancelled orders, unless notified to the contrary, all orders shall be cancelled and a billing sent within 6 months of the effective date on the commitment. NOTE: Should you have any questions with regard tv the items ', ~ referred to on Schedule B, or need copies of said documents, please ~, i contact Kathy Clvepfil, Titles Officer, at FIRST AMERICAN TITLE COMPANY OF IDAHO, INC., an Idaho corporation, 7311 Potomac Drive, i Boise, Idaho 83704, or call (208} 375-0700. Page 5 ~, . • • _I" -- ----- - - - -- _ PAR______ CEL_ A ~: ;~,. ~ The Easterly 844. i4 feet of the Northeast quartet of the No •i• quarter of Section 2, Township 3 North, Range 1 West, of th Boise :~.: Meridian, Ada County Idaho. EXCEPT therefrom the following described parcel: Commencing at the Northeast corner of the Northeast quarter of said Section 2; thence South 0°00'29" East 659,36 feet along the Easterly bounda \ said Section 2, which is also known as Linder Road, to a Pointe thence South $9°59'31" West 40.Q0 feet to a oint• North OaOp~2g~~ West 125,00 feet along a line thence feet westerly of the said Easterly boundary of Section 2oto a point on the centerline of Five Mile Greek; thence North 33°25'Q6~~ West 598.12 feet along the said centerline of Five Mile Creek to a point; thence leaving the said center~.ine of Five Mile Creek North 89024'41" West 10b,00 feet along a line parallel to and 40,00 feet Southerly of the Northerly boundary of said Section Z to a point; thence North 0°45'19 East 40.00 feet to a paint on the said Northerl boundary of Section 2; thence Y South $9°14'41" East 468.84 feet along the said Northerly boundary of Section 2, which is also known as Ustick Road, to the REAL POxNT OF BEGINNING; thence EXCEPT ditch and road rights of way for Five Mile Drain, treason Lateral, Ustick Road, and Linder Road. PARCEL B: The North half of the Northeast quarter of Section 2, Township 3 North, Range 1 West, of the Boise Meridian, Ada County Idaho. EXCEPTING therefrom the Easterly 844.14 feet thereof. EXCEPT ditch and road rights of way for Five Mile Stub Drain, and Ustick_ Page 6 SENT BY~Boise~ iD, ~ 2-27-96 ~ 2~30PM ~ Ada Planning Assoc.-- 208 888 1838 # 2/ 3 • • SUBDIVISION EVALUATION SHEET Proposed Development Name TUMBLE CREED cUg City MERIDIAN Date Reviewed 21~q~ Preliminary Stape ~XXX Flnel Engineer/Developer lehnsen Ener. /.Stuhhlefield The Sweet name comments listed below aro made by the members of the ADA COUNTY STREET NAME COMMITTEE !under direction of the Ads County Engineer) rspardinp this development in accordance with the Boise City 5t-eet Name Ordinance. The fellewlnp auiatine_atreet names shelf eeeaer on the lap, t eye; "N. CINDER ROAD" "W. USTICK ROAD" w "W. COWRY STREET" "W. pARKSTONE COURT" "W. PARKSTONE STREET" "W. PEBBLESTONE STREET" "N. MARBURG AVENUE" "N. ASTAIRE AVENl1E" "N.KUBIrK,~J.ACE" `I ~ t-Ai(~~/lJC~ Lc)1~`~ •• "N. t3LENNFIELh ~,~,Y" ~~~~~ ~~~~G "W. WHITESTONE DRIVE" The fellewine new street name Is ever ton IE~srs in length and cannot 6a aeercva~(~nleaa Ade Ce~nty }j(ohwav District will verify In wdtlnB that the nA,ipi will fit on ^ a(pn: "N. BLUE SPRINGS AVENUE" "W. TUMBLE CREEK STREET" "Y11. ANDREW CREEK STREET" , "N. CLEAR SPRINGS AVENUE" .. "N. ROUGH STONE WAY" ~~ ~~,FXANDER" Is sim[lar to ALE 1ANDR0 Md cannot ha ~~±_ " NDON" ~ dunlicatlen end eannet be used unless It is In alipnmant. "LE GRAND" ie similar to LA GRANGE and„merefore cennet he Wised. "RI 1 RR Y"_is reserved for Asa In another s~hdiyjeion end cannel he ~~ ~nl..: iZ j0 in alinement. !'RENEE" Is similar to RENE and tharafer~~er~ot be used. "SLICK ROCK" Is similar to STACK ROCK end therefore cennet he uead. SENT BY~Boise~ ID, ~ 2-27-96 ~ 2~31PM ~ Ada Planning Assoc,-- 208 888 1838:# 3/ 3 • • "HEDGE STONE" is sirrtiter to STONE HENCE sndsh},Irefcrs cannot be used. y'j'ON~ C~~; ~~~. duoiicati on end therefore cann el Ina used, The faLle wina nreeesed street names may be reserve d for use in this davelonmant (env of the names that are ever tan latter, in lanott, ro ust have verification fro m Ada County ~Iphy~,x District that they will fit on :;ans. s oacea are counted ss lettersls "BLUE BROOK" "ROUGH WATER" !'SMOOT H BROOK" "ROUGH BROOK" °STUBBLESTONE" The above street name comments have been read end approved by the followln9 agency represerttatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the sipnaturoa must be secured by tMa representative or his designee in order for the street names to cially approved. ADA COUNTY 8TREET NAME COMM E, G CY 8 ATIVES OR DESlONEES Ad' County Enpinser John Prierter Date Z ~~ Ads Rlanninp Assoc. Teal Reyno Dats S City of Meridian Reprssentat{ve Dane Meridian Firs Dirtrict RepreeeMativs Date ~ 2v.. p NOTE: A cagy of this evaluation sheet must bs preevnted tv the Ada County Enpinser at the lima of si9ninp the "final plat", otherwise the plat will not bs elpned !!I! Sub Index Street Index 3N. 1W_02 8ectlvn NUMBERING Of: LOTS AND BLOCKS ~1 A R- 2 1- 9 6 T H U 1 1 4 8 M R P~ T P~ S~ A D V S I G N • `"1 ~---• -~~ ~ I--- ~...-a ~_ ~, ~ ~ r"~ ~ ~~. ~ :. ~ ~ ~ 1N ~' 2 ~ ~ ~ 0 \.,~_r, V y ~~ P 0 Z R I~ i • • DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS FOR TUMBLE CREEK SUBDIVISION THIS DECLARATION is made effective on the day of 19 , by STUBBLEFIELD CONSTRUCTION CO., a California corporation hereinafter referred to as "Declarant." WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the "Property," more particularly described as follows: TUMBLE CREEK Subdivision, Phase 1, City of Meridian, Ada County, Idaho according to the official plat thereof recorded as Instrument No. ,records of Ada County. NOW, THEREFORE, 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, reservations, 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, reservations, 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 Lot, parcel or portion of the Property and interest therein, and shall inure to the benefit of and be binding upon Grantor, its successors in interest and each Grantee or Owner and his respective successors in interest, and may be enforced by Grantor, by any Owner or his successors in interest. Notwithstanding the foregoing, no provision of this 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, nor Grantor's right to post signs incidental to construction, sales or leasing. TUMBLE CREEK SUBDIVISION - 1 • • ARTICLE I DEFINITIONS 1.1 "Articles" shall mean the Articles of Incorporation of the Association. 1.2 "Assessments" shall mean those payments required of Owners and Association Members including Regular, Special and Limited Assessments of the Association as further defined in this declaration. 1.3 "Association" shall mean and refer to TUMBLE CREEK Homeowners' Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.4 "Association Rules" shall mean those rules and regulations promulgated by the Association governing conduct upon the use of the Property under the jurisdiction or control of the 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 the Association. 1.5 "Beneficiary" shall mean a mortgagee under a mortgage or beneficiary under a deed of trust, as the case may be, and/or the assignees of such mortgagee, beneficiary or holder, which mortgage or deed of trust encumbers parcels of real property on the Property. 1.6 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association. 1.7 "Building Lot" shall mean and refer to any plot of land showing upon any recorded plat of the Property with the exception of Common Area. 1.8 "Bylaws" shall mean the bylaws of the Association. 1.9 "Committee" shall mean the Architectural Committee described in Article VI hereof. 1.10 "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners, including easements of landscaped area along Ustick defined on record map. The traffic islands are also included. 1.11 "Declaration" or "Supplemental Declaration" shall refer to this declaration as hereafter amended and supplemented from time to time. 1.12 "Declarant" shall mean and referto Stubblefield Construction Co., a California corporation, and its successors and assigns, if such successors and assigns should acquire more than one (1) undeveloped Lot from the Declarant for the purpose of development and as part of such conveyance, the Declarant assigns and transfers to such TUMBLE CREEK SUBDIVISION - 2 • • transferee the Declarant's rights with respect to such Lots. 1.13 "Grantor" shall mean and refer to the Declarant. 1.14 "Improvement" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property; including, but not limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches, waterways, swimming pools and other recreational facilities and fixtures of any kind whatsoever. 1.15 "Lot" shall mean and refer to a Building Lot. 1.16 "Member" shall mean each person or entity holding a membership in the Association. 1.17 "Mortgage" shall mean and refer to any mortgage or deed to trust and "Mortgagee" shall refer to the mortgagee, or beneficiary under a deed of trust, and "Mortgagor" shall refer to the mortgagor, or grantor of a deed of trust. 1.18 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 1.19 "Plat" shall mean the recorded Plat of TUMBLE CREEK SUBDIVISION and the recorded Plat of any other Properties annexed hereto. 1.20 "Properties" or "Property" shall mean and refer to the real property hereinbefore described, and such additions thereto as may hereafter be annexed and brought within the coverage of this declaration as more particularly provided for herein. 1.21 "Set Back" means the minimum distance established by law between the dwelling unit or other structure referred to and a given street, road or Lot line. 1.22 "Unit" shall mean one residence which shall be situated upon a Lot. ARTICLE II GENERAL COVENANTS. CONDITIONS AND RESTRICTIONS 2.1 Land Use and Building Type. No Lot shall be used except for residential purposes, and no Lot or the Common Area shall be used for the conduct of any trade or business or professional activity. Notwithstanding the foregoing, the Board may, in its discretion and upon request by an Owner, allow an Owner to conduct a "garage sale" upon such Owner's Lot. TUMBLE CREEK SUBDIVISION - 3 • • No improvements shall be erected, altered, placed or permitted to remain on any Lot other than one designed to accommodate no more than one (1) single-family residential dwelling. 2.1.1 Size Limitations. Split level and two (2) story Units shall have not less than 1400 square feet or interior floor area, 800 square feet on the ground floor, exclusive of porches and garages. All other Units shall have not less than 1400 square feet of interior floor area, exclusive of porches and garages. 2.1.2 Garages. Each Unit constructed with the Property shall include at least a two (2) car, enclosed garage which is an integral part of the Unit structure. 2.1.3 Roofing Material. The roof of each Unit may be constructed of asphalt shingles, or such other material as may be approved by the Architectural Committee in writing. 2.2 Architectural Control. No improvements which will be visible above the ground or which will ultimately affect the visibility of any above ground improvement shall be built, erected, placed or materially altered, including without limitation, change of exterior colors or materials, on the Property, unless and until the building plans, specifications, and plot plan have been reviewed in advance by the Architectural Committee and the same have been approved by the Committee. The review and approval or disapproval may be based upon the following factors: design and style elements, mass and form, topography, setbacks, exterior color and materials, physical or artistic conformity to the terrain and the other improvements on the Property which the Architectural Committee, in their reasonable discretion, deems relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the improvements. This Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout of design of buildings except to the extent incidentally necessitated by use and size requirements. 2.3 Exterior Maintenance: Owner's Obligations. No improvements, including mail boxes and landscaping, shall be permitted to fall into disrepair, and each improvement shall at all times be kept in good condition and repair. In the event that any Owner shall permit any improvement, including trees and landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, or damage to Property or facilities on or adjoining their Lot which would otherwise be the Associations' responsibility to maintain, the Board, upon fifteen (15) days prior written notice to the Owner of said Lot, shall have the right to correct such condition, and to enter upon such Owner's Lot for the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth herein. The Owner of the offending Lot shall be personally liable, and his Lot may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective action, plus all costs incurred in collecting the amounts due. Each Owner shall pay all amounts due for such work within ten (10) days TUMBLE CREEK SUBDIVISION - 4 • • after receipt of written demand therefor, or the amounts may, at the option of the Board, be added to the amounts payable by such Owners as Regular Assessments. Each Owner shall have the remedial rights set forth herein if the Association fails to exercise its rights within a reasonable time following written notice. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration or reconstruction thereof within ninety (90) days of such damage or destruction. If after ninety (90) days of the repair, restoration or reconstruction of such damaged or destroyed improvements have not taken place, the Association, 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 Owners Lot for the purpose of doing so and such Owner shall bear all costs incurred by the Association, a lien shall be applied to the Lot. ~ 2.4 Improvements Location. No improvements shall be constructed in violation of set-back requirements established by law, or by this Declaration as set forth on the recorded plat of the Subdivision. 2.5 Nuisances. No noxious or offensive activity, including without limitation, those creating an offensive odor, shall be carried on upon any Lot or the Common Area nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 2.6 Temporary Structures. No improvements of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be placed or used on any Lot at any time as a residence either temporarily or permanently. 2.7 Signs. No sign of any kind shall be displayed to the public view on any Lot except one sign of not more than five (5) square feet advertising the Property for sale or rent, or signs used by a builder or the Declarant to advertise the Property during the construction and sales period. 2.8 Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon the Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon the Property. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon the Property. 2.9 Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose and provided that the keeper of such pets complies with all city, and county laws, rules and regulations. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of a set-back line where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no vehicles, or similar equipment, motorcycles, snowmobiles, trucks (working ornon-working) greater than three-quarter (3/4) of a ton in size shall regularly or as a matter of practice be parked or stored on any portion TUMBLE CREEK SUBDIVISION - 5 • • of the Property (including streets and driveways) unless enclosed by a structure or screened from view in a manner approved, in writing, by the Architectural Committee. Notwithstanding the foregoing, any boat, camper trailer or recreational vehicle which is in good repair and working order which does not exceed the following dimensions may be stored on the side yard of Lot between front and rear yard set-backs if screened by a six foot (6') fence: eight (8) feet wide, twenty-seven (27) feet long and ten (10) feet high. Provided, however, such storage may not be located adjacent to the street on a corner Lot. 2.16 Bathrooms. All bathrooms, sink and toilet facilities shall be inside residence buildings and shall be connected by underground pipes directly with the sewer system. 2.17 Antennae. No television antennae, satellite receivers, or radio aerials shall be installed on the Property, other than within the interior of a Unit. 2.18 Hazardous Activities. No activity shall be conducted on or in any Unit, Lot or Common Area which is or might be unsafe or hazardous to any person or Property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said Property; no open fires shall be lighted or permitted on any property except in a self- contained barbecue unit while attended and in use for cooking purposes, or with a safe and well-designed interior fireplace, (except such picnic fires in portions of said Common Areas designed for such use or) except such controlled and attended fires required for clearing or maintenance of land. 2.19 Unsightly Articles. No unsightly articles shall be permitted to remain on any Lot or Common Area as to be visible from any other portion of the Property. Without limiting the foregoing, no clothing or household fabrics shall be hung, dried or aired in such a way as to be visible from any other portion of the Property. No lumber, grass, shrub or tree clippings or plant waste, compost piles, metals, building or other materials or scrap or other similar material or articles shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened from view as approved, in writing, by the Architectural Committee. "Screened" is defined as being concealed or made non-visible from eye level, at grade, at all points with the Property. 2.20 Light. Sound -General. No light shall be emitted from any Lot or from Common Area which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any Lot or Common Area which is unreasonably loud or annoying, and no odors shall be emitted on any property which are noxious or offensive to others. TUMBLE CREEK SUBDIVISION - 6 • • ARTICLE III PROPERTY RIGHTS 3.1 Owner's Easements of Enjovment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions. 3.1.1 The Association has the right to suspend the voting rights of an Owner for any period during which any assessment against his Lot remains unpaid. 3.1.2 The right of the 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 agreed on by the members. Such dedication or transfer shall be effective upon the recording of an appropriate instrument executed by the President and Secretary of the Association and upon which said officers affirm that the transfer or dedication was approved by the Owners of a majority of the Lots. 3.2 Delegation of Use. Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, guests, tenants or contract purchasers who reside on the property. 3.3 Damages. Each Owner shall be liable for any damage to such Common Areas or other property owned or maintained by the Association which may be sustained by reason of the negligence or willful misconduct of said Owner or of his family and guests, tenants or contract purchasers, both minor and adult. In the case of joint ownership of a Lot, the liability of such Owners shall be joint and several. The cost of correcting such damage shall be charged as a limited assessment against the Owner and his Lot and may be collected as provided herein for the collection of other assessments. ARTICLE IV TUMBLE CREEK HOMEOWNERS' ASSOCIATION 4.1 Organization of Association. The Tumble Creek Homeowners' Association ("Association") is an Idaho Corporation formed under the provisions of the Idaho Non-Profit Corporations Act and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 4.2 Membership. Each Owner of a Lot subject to this Declaration (including the TUMBLE CREEK SUBDIVISION - 7 • • Declarant) by virtue of being such an Owner and for so long as such ownership is maintained, shall be a Member of the Association, and no Owner shall have more than one membership in the Association, except as hereinafter set forth with respect to voting. Memberships in the Association shall not be assignable, except to the successor-in-interest of the Owner, and all memberships in the Association shall be appurtenant to the Lot owned by such Owner. The memberships in the Association shall not be transferred, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to said Lot. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 4.3 Votin .The Association will have two (2) classes of voting memberships. 4.3.1 Class A. Class A members shall be the Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. 4.3.2 Class B. The Class B member shall be the Declarant. Upon the recording hereof, Declarant shall be entitled to three (3) votes for each Lot of which Declarant is the Owner. The Class B membership shall cease and be converted to Class A membership on January 1, 2000, or when the Declarant no longer owns any Lots within the property subject to the Declaration, whichever event shall first occur. 4.4 Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles, Bylaws, and this Declaration as the same maybe amended and supplemented from time to time. 4.5 Powers and Duties of the Association. 4.5.1 Powers. The Association shall have all the powers of anon-profit corporation organized under the general non-profit corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws and this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration, the Articles and the Bylaws, and to do and perform any and all acts which may be necessary or proper for, or incidental to the proper management and operation of the Common Area and the performance of the other responsibilities herein assigned, including without limitation. 4.5.1.1 Assessments. The power to levy assessments (Annual, Special and Limited) on the Owners of Lots and to force payment of such assessments, all in accordance with the provisions of this TUMBLE CREEK SUBDIVISION - 8 • Declaration. 4.5.1.2 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 or Owners who consent hereto; to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration of the Articles or the Bylaws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions hereof. 4.5.1.3 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. Neither the 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 to delegate. 4.5.1.4 Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules, and regulations as the Association deems reasonable and which are consistent with this Declaration (the Association Rules). The Association rules shall govern the use of the Common Area by the Owners, families of the Owners, or by an invitee, licensee, lessee or contract purchaser of any Owner; provided, however, that the Association rules may not discriminate among Owners and shall not be inconsistent with this 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 and posting, said Association rules shall have the same force and effect as if they were set forth in and are a part of this Declaration. In the event of any conflict between such Association rules shall be superseded by the provisions of this Declaration, the Articles or the Bylaws to the extent of any such inconsistency. 4.5.1.5 Emergency Powers. The Association or any person authorized by the Association may enter upon any Lot in the event of an emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which it is responsible. Such entry shall be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Association. 4.5.1.6 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, preservation and enjoyment of the Common Area and for the preservation of the health, safety, convenience and welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: TUMBLE CREEK SUBDIVISION - 9 • TUMBLE CREEK SUBDIVISION - 10 • • 4.5.1.6.1 Underground lines, cables, wires, conduits, and other devices for the transmission of electricity for lighting, heating, power, telephone, and other purposes; 4:5.1.6.2 Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes; and 4.5.1.6.3 Any similar public orquasi-public improvements or facilities. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty-one (21) years after the death of the individuals executing this declaration, on behalf of the Declarant, and their issue who are in being as of the date hereof. 4.5.2 Duties of the Association. In addition to power delegated to it by the Articles, without limiting the generality thereof, the Association or its agents, if any, shall have the obligation to conduct all business affairs of common interest to all Owners, and to perform each of the following duties: 4.5.2.1 Operation and Maintenance of Common Area. Operate, maintain and otherwise manage or provide for the operation, maintenance and management of the Common Area including the repair and replacement of property damaged or destroyed by casualty loss and other property acquired by the Association. 4.5.2.2 Taxes and Assessments. Pay all real and personal property taxes and assessments separately levied against the Common Area owned and managed by the Association or against the Association and/or any property owned by the Association. Such taxes and assessments may be contested or compromised by the Association; provided, however, that they are paid or a bond insuring payment is posted prior to the sale or the disposition of any property to satisfy the payment of such taxes. In addition, the Association shall pay all other taxes, federal, state to local, including income to corporate taxes, levied against the Association in the event that the Association is denied the status of a tax exempt corporation. 4.5.2.3 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 the Common Area and the property owned or managed by it. 4.5.2.4 Insurance. Obtain from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies of insurance. TUMBLE CREEK SUBDIVISION - 11 • • 4.5.2.4.1 Comprehensive public liability insurance insuring the Board, the Association, the Declarant and the individual Owners and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of the Common Area or their property owned or managed by it. Limits of liability of such coverage shall be as follows: not less than Five Hundred Thousand Dollars ($500,000) per occurrence with respect to personal injury or death, and property damage. 4.5.2.4.2 Full coverage directors and officers liability insurance with a limit of Two Hundred Fifty Thousand Dollars ($250,000), if the Board so elects. 4.5.2.4.3 Such other insurance including Workmen's Compensation insurance to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or their person charged with the management or possession of any Association funds or other property. 4.5.2.4.4 The Association shall be deemed trustee of the interests of all Members of the Association in any insurance proceeds paid to it under such policies, and shall have full power to receive their interests in such proceeds and to deal therewith. 4.5.2.4.5 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. 4.5.2.4.6 Notwithstanding any other provision herein, the Association shall continuously maintain in effect such other additional casualty, flood and liability insurance as the Board deems necessary or appropriate. 4.5.2.5 Rule Making. Make, establish, promulgate, amend and repeal the Association rules. 4.5.2.6 Architectural Committee. Appoint and remove members of the Committee, all subject to the provisions of this Declaration. 4.5.2.7 Drainage Systems. Operate, maintain, repair and replace, all drainage systems located within the Property and shown on the Plat which are not maintained by public authorities. TUMBLE CREEK SUBDIVISION - 12 • 4.5.2.8 Right-of--Way Maintenance. Maintain, repair and replace the landscaped berm, including the sprinkler system installed thereon, and the fence located on Ustick or any other public right-of--way adjacent to the Property and such other landscaping located within public right-of-way as the Board deems necessary to appropriate. 4.5.2.9 Irrigation Maintenance. Maintain, repair, replace all irrigation lines or channels located on or serving this subdivision, and to pay all maintenance and construction fees of any Irrigation District with respect to the Property, which amounts sha(I be assessed against each Lot as provided herein. 4.5.2.10 Street Lights. Maintain, repair and replace street lights within the Property to the extent such street lights are not operated, maintained, repaired and replaced by the Highway District or other governmental entity, which has jurisdiction of such matters. 4.5.2.11 Subdivision Approval Responsibilities. Perform all continuing duties and responsibilities imposed upon the Grantor pursuant to any governmental approvals relating to the Property including, without limitation, those set forth in the preliminary plat approval for the Subdivision. 4.6 Personal Liability No member of the Board or any committee of the Association or the Architectural Committee or any officer of the Association, or the Declarant, or the manager, if any, shall be personally liable to any Owner, or any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, the manager, if any, or any other representative or employee of the Association, the Declarant or the Architectural Committee, any other committee or any officer of the Association, or the Declarant, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. ARTICLE V COVENANT FOR MAINTENANCE AND ASSESSMENTS 5.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association: 5.1.1 Annual regular assessments or charges. 5.1.2 Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided; and TUMBLE CREEK SUBDIVISION - 13 • 5.1.3 Limited assessments as hereinafter provided. The Regular, Special and Limited assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney fees shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. 5.2 Purpose of Assessments. 5.2.1 Reaular Assessments. The regular assessments levied by the Association shall be used exclusively and to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area, to pay property taxes and other assessments, to pay the annual assessments of any irrigation district and to pay such other reasonable costs and expenses which are incurred by the Association in carrying out the duties, and business of the Association. 5.2.2 Special Assessments for Capital Improvement. In addition to the annual regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, costs and expenses for the Association which exceed the regular assessments or the costs and expenses or any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall be approved by atwo-thirds (2/3) vote of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Additionally, upon the sale of each Lot by Grantor, the purchaser shall pay aone-time special assessment of Thirty and No/100 Dollars ($30.00) per Lot. Such special assessment shall be paid on or before the date of recordation of the deed from Grantor to the purchaser. Grantor, as agent for the Association, shall be entitled to collect this one-time special assessment at the closing of the Lot sale. This one-time special assessment shall be used to defray organizational cost for the Association and general costs of operation. 5.2.3 Limited Assessments. The limited assessments may be levied against any Owner in an amount equal to the costs and expenses incurred by the Association, including legal fees for corrective action necessitated by such Owner, without limitation, costs and expenses incurred for the repair and replacement of the Common Area or other property owned or maintained by the Association, damaged by negligent or willful acts of any Owner or occupant of a Lot who is occupying the Lot with the consent of such Owner, or for maintenance of landscaping performed by the Association which has not been performed by Owner as provided herein. TUMBLE CREEK SUBDIVISION - 14 • • 5.3 Maximum Annual Regular Assessment. The initial maximum annual regular assessment to be assessed by the Association, shall be Seventy-five and No/100 Dollars ($75.00) per Lot per year plus aone-time set up fee of $75.00. 5.3.1 The maximum annual assessment may be increased by the Board each year by not more than ten percent (10%) above the maximum assessment for the previous year without a vote for the membership of the Association as provided below. 5.3.2 The maximum annual assessment may be increased above ten percent (10%) by atwo-thirds (2/3) vote each class of the members who are voting in person or by proxy, at a meeting duly called for this purpose. 5.3.3 The Board of Directors of the Association may fix the amount of the annual assessment at an amount not in excess of the maximum amount established from time to time. 5.3.4 The total annual regular assessment, levied against the Lots owned by the Declarant, shall be the lessor of (a) the amount of the regular assessment per Lot multiplied by the number of lots owned by the Declarant or (b) the difference between the total annual assessment levied against lots owned by the other parties, other than the Declarant, and the reasonable expenditure of the Association for the purposes described in Section 5.2.1 for the fiscal year. 5.4 Notice and Quorum for any Action Authorized Under Sections 5.2.2 and 5.3. Written notice of any meeting called for the purpose of taking any action authorized under Sections 5.3 and 5.4 shall be sent to all members not less than ten days (10) nor more than fifty (50) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 5.5 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on an annual or other basis as determined by the Association from time to time. 5.6 Date of Commencement of Annual Assessments -Due Dates. The annual regular assessments or any special assessments then in effect as provided for herein shall commence as to a Lot or Lots on the first day of the first year following the conveyance of the Lot or Lots from Declarant to an Owner or Owners. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a TUMBLE CREEK SUBDIVISION - 15 • • certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. 5.7 Effect of Non-Payment of Assessments -Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date on a rate of twenty-one percent (21 %) per annum or at the highest rate allowed by law if such rate is less than 21 %. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclosure the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. 5.8 Subordination of the Lien to Mortgaaes. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payment which become due prior to such sale or transfer but shall not extinguish personal liability. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE VI ARCHITECTURAL COMMITTEE 6.1 Members of the Committee. The Architectural Committee for the Property, sometimes referred to as the "Committee", shall consist of three (3) members. The following persons are hereby designed by Declarant as the initial members of the Committee for the Property: Name Address A. H. Stubblefield 641 W. Franklin Road Meridian, Idaho 83642 J. E. Stubblefield 641 W. Franklin Road Meridian, Idaho 83642 John W. Holland 4720 W. Emerald Street Boise, Idaho 83706 Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. Members of the Committee may be removed at any time without cause. TUMBLE CREEK SUBDIVISION - 16 • 6.2 Riaht of Appointment and Removal. At any time, Grantor is the Owner of at least one (1) of the Lots, Grantor shall have the right to appoint and remove all members of the Committee. Thereafter, the Board of Directors of the Association shall have the power to appoint and remove all members of the Committee. Members of the Committee may be removed at any time, without cause. 6.3 Review of Proposed Construction. The Committee shall consider and act upon any and all proposals of plans and specifications submitted for its approval pursuant to this Declaration, and perform such other duties as from time to time shall be assigned to it by the Board of the Association, including the inspection of construction in progress to assure its conformance with plans approved by the Committee. The Board shall have the power to determine, by rule or their written designation consistent with this Declaration, which types of improvements shall be submitted to the Committee to review and approval. The Committee shall approve proposals, plans and specifications submitted for its approval only as it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to 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 the Association. 6.3.1 Conditions on Approval. The Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, or upon the agreement of the Owner submitting the same ("Applicant") to grant appropriate easements to an Association for the maintenance thereof, upon the agreement of the Applicant to reimburse the Association for the cost of maintenance, or upon all three, and my require submission of additional plans and specifications or other information before approving or disapproving material submitted. 6.3.2 Committee Rules and Fees. The Committee also may establish, from time to time, rules and/or guidelines setting forth procedures for the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approval, or additional factors which it will take into consideration in reviewing submissions. The Committee shall determine the amount of such fee in a reasonable manner, provided that in no event shall such fee exceed One Hundred Dollars ($100.00). Such fees shall be used to defray the costs and expenses of the Committee or for such other purposes as established by the Board. Such rules and guidelines may establish, without limitation, procedures, 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. 6.3.3 Detailed Plans. The Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material colors. Until receipt by the TUMBLE CREEK SUBDIVISION - 17 • • Committee of any required plans and specifications, the Committee may postpone review of any plan submitted for approval. 6.3.4 Committee Decisions. Decisions of the Committee and the reasons therefor shall be transmitted by the Committee to the Applicant at the address set forth in the application for approval within seven (7) days after filing all materials required by the Committee. Any materials submitted pursuant to this Article shall be deemed approved unless written disapproval by the Committee shall have been mailed to the Applicant within seven (7) days after the date of the filing of said materials with the Committee. The said seven (7) day period shall only commence to run when an authorized representative of the Committee has executed an application form acknowledging acceptance of such application and acknowledging that such application is complete. 6.4 Meetings of the Committee. The Committee shall meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time by resolution unanimously adopted in writing, designate a Committee Representative (who may, but not need be, one of its members) to take any action or perform any duties for and on behalf of the Committee, except the granting of variances pursuant to section 6.9. In the absence of such designation, the vote of any two (2) members of the Committee, or the written consent of any two (2) members of the Committee taken without a meeting, shall constitute an act of the committee. 6.5 No Waiver of Future Approvals. The approval of the 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 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. 6.6 Compensation of Members. The members of the 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. 6.7 Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: 6.7.1 Upon the completion of any work for which approved plans are required under this Article, the Owner shall give written notice of completion to the Committee. 6.7.2 Within sixty (60) days thereafter, the Committee or its duly authorized representative may inspect such improvements. If the Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance with such sixty (60) day period, specifying the particular noncompliance, and shall require the TUMBLE CREEK SUBDIVISION - 18 • Owner to remedy the same. 6.7.3 If for any reason the Committee fails to notify the Owner of any noncompliance within sixty (60) days after receipt of the written notice of compliance from the Owner, the improvement shall be deemed to be in accordance with the approved plans. 6.8 Non Liability of Committee Members. Neither the Committee nor any member thereof, nor its duly authorized Committee Representative, shall be liable to the 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 Committee's duties hereunder, provided such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. The 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 in the immediate vicinity and to the Property generally. The 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 from the standpoint of structural safety or conformance with building or other codes. 6.9 Variances. The Committee may authorize variances from compliance with any of the architectural provisions of this Declaration or any Supplemental 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. Such variances must be evidenced in writing, must be signed by at least two (2) members of the 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 Restrictions contained in this Declaration or any Supplemental 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 Declaration or of any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof, covered by the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any Supplemental Declaration for any purpose except as to the particular property 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 his use of the premises, including but not limited to zoning ordinances and Lot set-back lines or requirements imposed by any governmental or municipal authority. ARTICLE VII ANNEXATION OF ADDITIONAL PROPERTIES 7.1 Annexation. Declarant presently intends to develop other neighboring TUMBLE CREEK SUBDIVISION - 19 • • properties and may, in Declarant's discretion, deem it desirable to annex some or all of such other properties to the property covered by this Declaration. The annexed property may, at Declarant's sole discretion, be used and developed for any purpose allowed under appropriate zoning regulations. Such other properties may be annexed to the Property and brought within the provisions of this Declaration by Declarant, its successors or assign, at any time, and from time to time, without the approval of an Owner, the Association or its Board of Directors. As such properties are developed, Declarant shall, with respect thereto, record a Supplemental Declaration which shall annex such properties to the Property and which may supplement this Declaration with such additional or different covenants, conditions, restrictions, reservations and easements as Declarant may deem appropriate for the other properties or portions thereof and may delete or eliminate as to such other properties such covenants, conditions, restrictions, reservations and easements as are continues herein which Declarant deems not appropriate for the other properties. 7.2 Additional Properties. Subject to the provisions of Section 7.1 above, upon the recording of a Supplemental Declaration as to other properties containing the provisions as set forth in this Section, all provisions contained in this Declaration shall apply to the added properties in the same manner as if it were originally covered by this Declaration, subject to such modification, changes and deletions as specifically provided in such Supplemental Declaration. The Grantees of Lots located in the other properties shall share in the payment of assessments to the Association as provided herein from and after the recordation of the first deed of a Lot within the added properties from Declarant to an individual purchaser thereof. 7.3 Procedure for Annexation. The additions authorized under Section 7.1 above, shall be made by filing of record a Supplemental Declaration or other similar instrument with respect to the other properties or portion thereof, which shall be executed by Declarant of the Owner thereof and shall extend the general plan and scheme of this Declaration. The filing of record of said Supplemental Declaration shall constitute and effectuate the annexation of the other properties or portion thereof described therein, and thereupon said other properties of portion thereof shall become and constitute a part of the properties, become subject to this Declaration and encompassed within the general plans and scheme of covenants, conditions, restrictions, reservations and easements and equitable servitudes contained herein as modified by such Supplemental Declaration for such other properties or portion thereof, and become subject to the functions, powers and jurisdiction of the Association. Such Supplemental Declaration may contain such additions, modifications or declarations of the covenants, conditions, restrictions, reservations or easements and equitable servitudes contained in this Declaration as may be deemed by Declarant desirable to reflect the different character, if any, of the other properties or portions thereof or as Declarant may deem appropriate in the development of the properties or portion thereof. 7.4 When other properties are developed, there will be a certain amount of dust and/or dirt, construction traffic and noise associated with the development until development is completed. TUMBLE CREEK SUBDIVISION - 20 • • ARTICLE VIII EASEMENTS 8.1 Maintenance and Use Easement Between Walls and Property Lines. The Association or owner of any lot shall hereby be granted an easement of 5' width on the adjoining properties for the purpose of maintenance of fence and/or landscaping so long as such use does not cause damage to any structure or fence. 8.2 Other Maintenance Easements. Easements for installations and maintenance of utilities and drainage facilities are reserved as shown on the record plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for these improvements for which a public authority or utility company is responsible. A further easements is hereby reserved in favor of the Association for access to and maintenance of any irrigation facilities serving the Common Area. ARTICLE IX GENERAL PROVISIONS 9.1 Enforcement. The Association or any Owner, shall have the right to enforce, by the proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 9.2 Severity. Invalidation of any one of these covenants or restrictions by judgment or court order shall in noway affect any other provision which shall remain in full force and effect. 9.3 Interpretation. The terms, covenants and conditions hereof are to be read and interpreted consistently and in a manner to protect and promote Property values. 9.4 Term and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless an instrument signed by seventy-five percent TUMBLE CREEK SUBDIVISION - 21 • (75%) of the then Owners of the Lots has been recorded, agreeing to change said covenants in whole or in part. This Declaration may be amended, restated, replaced, terminated or superseded during the first twenty (20) year period by an instrument signed by the President and Secretary of the Association affirming that such amendment was approved by two-thirds (2/3) of the Owners of the Lots covered by this Declaration or by an instrument signed by two-thirds (2/3) of the Lot Owners; provided, however, that if Grantor is still the Owner of any Lots the provisions of Article VI may not be amended without the written consent and vote of the Grantor. ARTICLE X MISCELLANEOUS A. Enforcement and Non-Waiver: Any lot owner, or homeowner association, whether or not directly affected, shall have the right to enforce, by an proceeding at law or in equity, any violation or threatened violation of a provision of this Declaration. The failure of any person to enforce any covenant or restriction herein contained shall not be deemed a waiver of the rights granted herein. Waiver of one breach does not constitute waiver of any other breach. There can be no waiver of the right to solar access created by this Declaration. B. Severabilitv: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way effect any other provisions, which shall remain in full force and effect. C. Duration and Applicability to Successors: The covenants, conditions, and restrictions set forth in this Declaration shall be in effect perpetually, shall run with the land and shall inure to the benefit of and be binding upon the Declarant and all lot owners in the subdivision and their successors in interest. D. Amendment: This Declaration may be amended by the action of the owners of a majority of the lots in the subdivision affected by such amendment provided the amendment does not reduce the amount of solar access protection provided to the subdivision and the amendment is approved by the City of Meridian City. TUMBLE CREEK SUBDIVISION - 22 • • IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of , 19_. Stubblefield Construction Co., a California Corporation By J.E. Stubblefield, Vice President STATE OF IDAHO County of Ada ss. On this day of , 19_, before me the undersigned, a Notary Public in and for said State, personally appeared J.E. STUBBLEFIELD known or identified to me to be the President of Stubblefield Construction Co., the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and afFxed my ofFcial seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My Commission Expires: TUMBLE CREEK SUBDIVISION - 23 • ARTICLES OF INCORPORATION OF TUMBLE CREEK HOMEOWNER'S ASSOCIATION, INC. KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, each being a natural person of full age and citizens of the United States of America, have voluntarily and do hereby associate ourselves together for the purpose of forming anon-profit corporation under the laws of the State of Idaho, in compliance with the provisions of Title 30, Chapter 3, Idaho Code and the acts amendatory and supplemental thereto. We do hereby certify, declared and adopt the following Articles of Incorporation. ARTICLE I. The name of the corporation is: TUMBLE CREEK HOMEOWNER'S ASSOCIATION, INC. (hereinafter referred to as the "Association") ARTICLE II. The period of existence and the duration of the life of this corporation shall be perpetual. ARTICLE III. This corporation shall be anon-profit, membership corporation. ARTICLE IV. The location and address of the initial registered office of this corporation shall be: 641 West Franklin Road, Meridian, Idaho 83642. The initial registered agent of the Association at this address is Stubblefield Construction Co. ARTICLE V. The nature of the business and the object and purpose of this corporation shall be as follows: ARTICLES OF INCORPORATION - 1. d • • 1. To form anon-profit corporation under Title 30, Chapter 3, of the Idaho Code, for the purpose of providing an association comprised of all owners of Lots located in Tumble Creek Subdivision and any new phases of same (and subsequently annexed) properties, collectively known as Tumble Creek Subdivision or "the Subdivision," Ada County, Idaho; for the purpose of providing for the orderly development of the Subdivision, providing and maintaining common areas and related facilities, and to protect and enhance the value, desirability, and attractiveness of all Subdivision properties. This corporation shall be the Homeowner's Association defined in the Declaration of Covenants, Conditions, and Restrictions for the Subdivision (hereinafter referred to as the "Declaration") which Declaration is filed of record as Instrument No. recorded on in the records of Ada County, State of Idaho. All of the words or terms which are capitalized herein shall have the same meaning and definition as contained in the definitions section of the Declaration, which definitions are incorporated herein by reference. 2. To exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in the Declaration as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length. 3. To fix, levy, collect and enforce payment by any lawful means, of all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the Common Area owned by the Association. 4. To acquire (by gift, purchase, or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association under the limitations imposed by the Declaration. 5. To borrow money, and with the assent of two-thirds (2/3) of each class of ARTICLES OF INCORPORATION - 2. Members (that are present~and voting) mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred. 6. To dedicate, sell or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members or set forth in the Declaration. 7. To participate in mergers and consolidations with other non-profit corporations organized for the same purposes or to annex additional residential property and Common Area, provided that any such merger, consolidation or annexation shall comply with the requirements of the Declaration. 8. To have and to exercise any and all powers, rights and privileges which a corporation organized under the Idaho Non-Profit Corporation Act may by law now or hereafter have or exercise, subject only to limitations contained in the Bylaws and the Declaration and the amendments and supplements thereto. Provided however, nothing herein contained shall be deemed to authorize or permit the Association to carry on any business for profit, to exercise any power, or to do any act that a corporation formed under the Idaho Non-Profit Corporation Act, or any amendment thereto or substitute therefor, may not at that time lawfully carry on or do. ARTICLE VI. In no event shall any income or assets of the corporation be distributed to or inure to the benefit of any Member, director or officer hereof, either directly or indirectly, other than a bona fide expense in carrying out the instructions and directions of the Board of Directors and the Officers in order to accomplish and achieve the purpose and objectives of the corporation. ARTICLE VII. 1. The corporation shall not issue any capital stock, but may issue membership certificates to each Member hereof, including Grantor, under the terms and conditions hereinafter set forth. Each Owner (including Grantor) of a Lot, by virtue of being such an Owner and for so long as he is such an Owner, shall be deemed a Member of the Association. The Association membership of each owner (including Grantor) shall be appurtenant to said Lot and shall not be transferred, pledged or alienated in any way except upon the transfer of title to said Lot, and then ARTICLES OF INCORPORATION - 3. • only to the transferee of title to said Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to said Lot shall operate automatically to transfer said membership to the new Owner thereof. 2. There shall be two classes of membership designated as Class A and Class B membership. Class A members shall originally be all Owners with the exception of Grantor, and shall be entitled to one vote for each Lot owned. Grantor shall become a Class A member with regard to Lots owned by Grantor upon the conversion of Grantor's Class B membership to Class A membership as provided herein below. The Owner(s) of each Lot may, by notice to the Association, designate one person (who need not be an Owner) to exercise the vote for such Lot. Said designation shall be revocable at any time by notice to the Association by the Owner(s). 3. The class B member shall be the Grantor who shall upon incorporation be entitled to five (5) votes for each Lot owned by the Grantor. The Class (B) membership shall cease and be converted to Class A membership on the earlier of the sale or other disposition of all Lots owned by Grantor in the Subdivision or on 4. Subject to the provisions as to mortgage protection contained in the Declaration, the Association may be dissolved with the assent given in writing and signed by not less than seventy-five percent (75%) of the then Owners of Lots, plus Grantor, until Class B membership is terminated. Upon dissolution of the Association, other than incident to a merger or consolidation, the real property and other assets of the Association shall be either (a) dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created; (b) granted, conveyed and assigned to anon-profit corporation, association, trust or other organization to be devoted to such similar purposes; or (c) distributed to the Owners of the Lots to be held by them as tenants in common in proportion to the number of the Lots within the subdivision. 5. These Articles may be altered or amended at any regular or special meeting of the Association, called for that purpose, by the affirmative vote of three-quarters of the votes of the Class A Members, cast at such meeting, plus the written consent of the Class B Members (until the termination of the Class B Membership). ARTICLE VIII. ARTICLES OF INCORPORATION - 4. • • Each member shall be liable for payment of all regular, special and limited assessments provided for in the Declaration and for payment and discharge of the liabilities to the Association as provided for in the Declaration and as set forth in the Bylaws of the corporation. ARTICLE IX. The business and affairs of the Association shall be managed and controlled by the Board of Directors. The original Board of Directors shall be three (3); however, the Bylaws of the Association may provide for an increase or decrease in their number, provided that the number of directors shall not be greater than nine (9) nor less than three (3). ARTICLE X. 1. Incorporators and Directors. The names and post office address of the incorporators and initial Board of Directors are as follows: Name Address A. H. Stubblefield 641 West Franklin Meridian, Idaho 83642 J. E. Stubblefield 641 West Franklin Meridian, Idaho 83642 John Holland 4720 Emerald, Suite 116 Boise, ID 83706 2. Personal Liability. No member or any committee of the Association or the Architectural Committee or any officer of the Association, or the Grantor, or the manager, if any, shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, the manager, if any, or any other representative or employee of the Association, the Declarant or the Architectural committee, any other committee or any officer of the Association, or the Declarant, provided that such person has, upon the basis of such information as may be possessed by him, act in good faith without willful or intentional misconduct. ARTICLES OF INCORPORATION - 5. • • ARTICLE XI. The Association shall indemnify any person who was or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that he is or was a director, officer, committee member, employee or agent of the Association, or is or was serving against expenses (including attorney's fee), judgments, fines and amounts paid in settlement actually and reasonable incurred by him in connection with such action, suit or proceeding, to the extent and under the circumstances permitted by the Idaho Business Corporation Act and the Idaho Non-Profit Corporation Act. Such indemnification (unless ordered by a court) shall be made as authorized in a specific case upon a determination that indemnification of the director, officer, committee member, employee or agent is proper in the circumstances because he has met the applicable standards of conduct set forth in the Idaho Business Corporation Act. Such determination shall be made (1) by a majority vote of a quorum of directors who were not parties to such action, suit or proceeding, or (2) if such a quorum is not obtainable, or even if obtainable, a quorum of disinterested directors so directs, by independent legal counsel in a written opinion, or (3) by the members. The foregoing right of indemnification shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under any bylaw, agreement, vote of members or disinterested directors or otherwise, and shall continue as to a person who has ceased to be a director, officer, committee member, employee or agent and shall inure to the benefit of the heirs, executors and administrators of such a person. ARTICLES OF INCORPORATION - 6. • IN WITNESS WHEREOF, we have hereunto set our hands and seal this day of , J. L. Stubblefield J. E. Stubblefield John W. Holland STATE OF IDAHO ) )ss County of Ada ) On this day of ,before me the undersigned, a Notary Public in and for said State, personally appeared ,known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he execute 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: STATE OF IDAHO ) County of Ada ) ARTICLES OF INCORPORATION - 7. • On this day of ,before me the undersigned, a Notary Public in and for said State, personally appeared ,known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he execute 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. STATE OF IDAHO County of Ada Notary Public for Idaho Residing at Boise, Idaho My Commission Expires: On this day of ,before me the undersigned, a Notary Public in and for said State, personally appeared ,known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he execute 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: ARTICLES OF INCORPORATION - 8. CITY O~MERIDIAN "Hub of sure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Customer's 'Order No. Name /~.~. / w~ ~//~ Date / 19 i Address Gcr // / h ~n Lv /~ L a ~ / Phone: SOLD BY • H .O. D. S/ ~ CHARGE ON ACCT. MDSE. RETD. PAID OUT ~ r I}'t PS ~ LL G ~.T U~JIIDD le ~ ~ I I 3 - oa ao I I ,. I I I ,. I I Aft claims and' rl-tYrrtad.;Dods: MUST b~ accompanied try tbia tall. I TAX 0 5~ ~ 0 By elv TOTAL ~ i Ql~ GS~Z04~4 C`~ _ "~ PRINTED IN U.S.A. J,~j~~(/ I~IIII l~ ~I m Y JOHN L. STUBBLEFIELD 2258 BRADFORD HIGHLAND, CA 92346 PAY TO THE ORDER OF j )ft,rJ HAPEC of 8J~I9 BERhAR~'!O ~ 505 West Second Street ~ 1 S,a~n Bj~ernardino, CA 9240jj_1 / ~! FOR~UM~~1 ~ SQL !~ f ilia ` ~:L2 2 24068 31:065i l 0 L01 .6.51 90A088/1222 ~~ 6 ~9SC / DOLLARS 5 Yil~ CENTRAL •• DISTRICT ~RHEALTH DEPARTMENT MAIN OFFICE • 107 N, ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 3755211 • FAX 321-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 99-745 September 10, 1999 Ada County Recorder ATTN: David Navarro 650 Main Street Boise, ID 83702 RE: Tumble Creek #3 Subdivision Dear Mr. Navarro: REcErvED SEP 1 3 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 September 7, 1999. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, ~~~~ ~s Michael H. Reno Senior Environmental Health Specialist cc: Department of Housing and Ur}~an Development City of Meridian Pinnacle Engineering John Stubblefield MR/bm Serving Valley, Elmore, Boise, attd Ada Counties Ada /Bolas County Office Ada-WIC Satallife Office Elmore County O(Bce Valley County Office 707 N. Armsrong PI. 1606 Roberts 520 E. 8th Sheet N. 703 N. 1 st Sheet Boise. ID 83704 Boise. ID 83705 Mountain Home. ID 83647 P.O. Box 1448 Enviro. Health: 327-7499 Ph, 334.3355 Enviro. Health: 587-9225 McCall ID. 83638 Family Planning: 327-7400 FAX: 334-3355 Family Health: 587-4407 Ph. 6347194 Immunizations: 327-7450 WIC:587-4409 FAX:634-2174 Senor Nutrltlon:327-7460 FAX: 587-3521 WIC: 327-7498 ® FAX: 327-8500 Meridian City Council • December 16, 1997 Page 31 Cowie: Motion made by Mr. Morrow, second by Mr. Rountree, all those in favor? Opposed? MOTION CARRIED: All Yep ITEM #17: FINAL PLAT: TUMBLE CREEK SUBDIVISION N0. 2, 59 LOTS BY STUBBLEFIELD CONSTRUCTION - SW CORNER OF USTICK AND CINDER ROAD: Cowie: Would Mr. Stubblefield like to step forward please. Stubblefield: Mr. Mayor and Council my name is John Stubblefield, We have reviewed staff comments and we are in concurrence with those and plan to comply and we would request that you grant final plat approval on phase 2 of Tumble Creek. Corrie: Comments or questions of Council or staff? Morrow. Mr. Mayor, I would move that we approve the final plat for Tumble Creek Subdivision No. 2. Rountree: Second Cowie: Motion made and second that we approve the final plat of Tumble Creek Subdivision No. 2, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: FINAL PLAT: TURNBERRY SUBDIVISION, 68 LOTS BY BENCHMARK LAND CO. - W. OF BLACK CAT ROAD, S. OF USTICK: Corrie: Is there a representative of Tumbeny Subdivision. Elg: Van Elg with Briggs Engineering, we have reviewed all of the staff comments and we have a couple of items, if you have a copy of my letter. We have discussed them with staff also and would ask that you act on these this evening also. In site specific comments item #2 we have underlined some suggested changes. Staff asked that we put in a delineating fence around the common areas within the development. Here is a copy of the plat here, we have a common drainage and a pathway area right here. There was another one over here and there were some landscape areas along here. The applicant fully intended to put the fence around the perimeter as required but didn't anticipate putting in a fence here because they felt that the individual lot owners were prefer to put in fence that met the needs or design of the house or that they might even what to preserve that open space with plants and vegetation there and take advantage of that view. As I talked to Shari about it she didn't have any great concQrn about it but what she was concerned with is she didn't want somebody to build a house there and come in and put a storage building or something and cross over that line. So what we • ~ r,'~~CEIV~ JAN 0 8 1998 ITt~ ~ ~ ~IERIDIAi~ ~~ . ~ ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2R~~Y$t~C~XX 208-463-0183 5 January 1998 John Stubblefield Stubblefie/d Development P. O. Box 327 Meridian, /D 83642 RE: Tumb/ecreek Subdivision Phase / Deer Mr. Stubb/efie/d: Phones: Area Code 208 OFFICE: Nampa 466-7861 XOq~fXXXit~)4)9~d~tX SHOP: Nampa 466-0663 The Nampa & Meridian /rrigation District has inspected the pump house at Tumb/ecreek Subdivision Phase l and it appears to be adequate for the District to accept for operation and maintenance. A/though due to the time of year, the District will not take possession of the system until the spring of 1998. /f you have any questions, p/ease feel free to contact me. Sincere/y, Bill Henson, Asst. Water Superintendent NAMPA & MERID/AN lRR/GATION D/STR/CT BH: d/n cc: Fi/e -Office Fi/e -Shop ater Superintendent ~,.' APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS • 40,000 HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., Cily Clerk JANICE L. SMITH, Cily Treasurer GARY D. SMITH, P.E., City Errgfneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFf, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. 'BILL' GOROON, Pollee Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAl~T 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding DepaRment (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor October 10, 1997 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 388-6532 fax 322-2032 Re: Street Lights for Tumble Creek Subdivision #1 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH Street Lights have been installed by the developer in Tumble Creek Subdivision #1. 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 eleven (11) street lights are located at: Entrance Island N. Glennfield Way & W. Ustick Road - 250 W Entrance Island N. Glennfield Way Lot 12 Block 11 W. Parkstone Court Lot 5 Block 11 W. Parkstone Court Lot 7 Block 10 W. Tumble Creek Drive Lot 6 Block 5 W. Pebblestone Street Lot 2 Block 8 N. Rough Stone Way Lot 4 Block 9 N. Rough Stone Way Lot 1 Block 9 N. Rough Stone Way Lot 7 Block 9 N. Glennfield Way Lot 13 Block 9 W. Lowry Street See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely ~~~ William G. Berg, Jr. City Clerk a QEELGIALS WILLIAM (i. BERG.'JR., Cdy CIeAc JANICE L (i/ISS, City Treasurer GARY D. SMITH, P E., CHy Erghreer BRUCE D. STUART, Water Works Supt JOHN T. SHAWCgOF1; Waste Water Supt DENNIS J. SUMMERS, pert Supt. SHARI L STILES, P 6 Z Adator PATTYA. WOLFlpEI. DMV Supervbor KENNETH W. BOWERS. Fke CtYet W.L BILL' GOROON, Pofics CtYet WAYNE Q CROOKSTON, JA., AComey • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF 1VIER.IDIAN • ~ EAST IDAHU MERIDIAN, IDASO 83642 Phone (208) 888433 • FAX (208) 887813 Poblic Wocl~/g~~ D~ectmeat (208) 887-2211 Motor vehiclrJDriveis Loease (208) 888443 ROBERT' D. COBBLE MEMORANDUM: iKay~ To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL, INSPECTION I have inspected and approved the lights in _ ~ , proceed with the activation. SXl11NG1L MEMAFaR wA~rw MORROW ~ RONALD R. TOLSMA CHARLES M. ROUNTREE QLENN R. BEPITL6Y P b t COMILnS.C101V JIM JOHNSON. Cfmknran TIM HEPPER JIM SHEARER OREO OSLUND MALCOLM MACCOY Date: /D - 7 --r 7 and associated components for _ / / street ~ .Idaho Power Co. can now lr-c1~.t S4-~cl / ,s,z~,! ~ ~rh Harold Hudson, Electrical Inspector ~-~C~~i~`~~ QCT - 9 1997 O~ ~E~I~IAN C:IWPWR~f6pK;ENERg1,1EI,ECiNSP.bA~tO r N ~ M o o tG C Lri 1'7 .~ ~ i 3 t::l G ~I J ~ ~ ° ~ - d O~ d' p k C _ ~ Vl U ~ ~ 3 (n o S J ~ r- ~` n ~ sY r S g ~ ~ v_ N ~ c z n o ID ~ ) o ~~ Z u M ~ i p ~ ~_ - o a s ~ ,n , ~ ~ ~ ~ v ° ~ ~ N V `~ o ~ o u N ~ ~ ~ ~ ~ . ~ o w P 3 ° ~ "~ ~ N a ~ 'C ~ u r ~ N N =~~ o ~ ~ a ~ ~ ~ a i € °~ ~ ~ o 3I Y ~ 1 ~ y P • 4 s p~ 3 V ~~O O J ~ 1yy ~ ~ ~ ~ ~' Y ~ v C « o r ~ ` ~'V ~. ° Y v u ~ ° t: q O 3 m n ~ N O /~ W `~ ~ i O n c ~ , } -% i` ~ F m - Y3 '~ 't,~ ~ 6 xl b m t0 1 ~ ~ C ~ ~ ~ 4 \ O L a ~ _ 2 I ° i o ~ ~ ~ ~ U ~- °~ k ~` « ~ I I - ~ 8 ' ~ 7. ~ 2 ] ~ „ I° I 4 1 w I 1 D ~ y ° i u ~ Off, "`~ ~ ', `~~ S E 3 ~ ~ / \ U N ~ ~ ~ Y 't ~ °wmo 0 0 o o° o o=° v d i~ rrr^,... v~~\ \I ~c - - - - - ~ v ° 0 ~~~ ~ s ~ 4 mou xwxn Va ~ rc~ 3 Y ~ ~ 5 tY[ Y o 3 ~U .~ ~ actin } ~IVN YVl i~N t ~r «l laa an o ni O u .__ 1 .. r 1~O ~/ - ~~--- N O O - 1 / _ _ ____ jN ~'3nr 310151gnOtl 'x ® O °~ 0 « o ~ ~ ~ ~~O ° ~ ~ C' ___ " a'n x $ rc - v0 ~ i `~ - ~! . U la try i~ i) IFzI C~ ; c•~ -- -- ~ O ° iAVM 0131)MlD 'N ;~ ~, ` ~, s. - C O .~ O n . f~ r •~j `~ o ~ ~ / %' i - u ~9 Sg ~ ~ ~ ~p~-' i t° ~ o ~-r{ tea` In ~ y Y ~O ®.-< j n 6n® O D 3' ~ /'~ / a ANN y^q a~2 © ~ ~ O'~ k „ I 1 1~ ` ~ ~ Z F` `v W ~_ ~N 4 ~N J « 1 ~ > ~ N_ 4~ ~ ~~ A W ~ ~ ~~: -.~.a-z -~-~-` ~~~ °F M GI'~Y OF MERIDIAN, BL~,DING DEPARTMENT U ,~ ,~ 33 E. Idaho, Meridian, ID 83642 9~ 887-2211 • Inspection Line 887-1155 ~_EGTRICAL PERMIT Iss~_~ed: ?/29/97 Permit No: 11118 •1NER/APPLICANT-------------------------PROPERTY LOCATION-----------------------_ STUBHLEFIELD DEVELOPMENT CO. 1 1 TUM9LE CREEK MERIDIAN ID 83000 1 Lot: Hlock: Long Legals 208/000-000 I Sub: T; S: I Parc No: C]NTRACTOR_____________________________DESIGNER-----________------------------__ E it E EL/ ECTy R I C I P. Or BOX ~ l 7 I CALDWELL ID 83E~06 I 08/454-1780 I ~b00/000-0000 i~tOJEGT INFO___------_....___...----------------------------------------------------- Pr-j Value: X20 625.00 I Temp Service: Prj Types STREETLIGHTS I Residential Service: Occ Type: COMMERCIAL i Number of Rooa:s: Occ Grp: Occ Load: I Electrical Heat: ":nstr Type: I Number of Circuits: Land Use: IOthersSTREE'i"LIGHTS, SERVICE & TIMECLOCKS t ~OJECT NOTES----------------------------------------------------------------___- :~ STREETLIGHTS ON ISLAND AT ENTRANCE OF USTICF'. RD L12 Bil LS Hii, ~.7 B 10, L6 P5, L2 P8, L 4 B9, L i @9, L7 B9, L 13 8~ (11 TOTAL ) THIS PERMIT INCLUDES THE SERVICE ON THE COMMON LOT, AND THE SPRINKLER TIME CLOCKS ~OJECT FEES ASSESSMENT----___________________~___-__-________-_-------_--____-- Amount Paid: E283.00 TOTAL ELECTRICAL FEE: X283.00 Balance Due: X0.00 IMPORTANT INFORMATION Inspection requests must be made 24 hours prior to the need for inspection. Persons making the requests must provide the following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection, 5) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday - Friday, between 8:00 AM and 5:00 PM, excluding holidays. Other Permits are Required for the installation of any electrical wiring, plumbing piping and mechanical installations related to gas fired equipment. Permit Revoeation/Expiration. The Building Official reserves the right to revoke any permit issued in error or on the basis of incorrect information. Permits expire in 180 days if: work is never commenced, or is discontinued for a period exceeding 180 days or 6 months. Declaration -This permit is being issued subject to the ordinances and laws of the City of Meridian, and it is hereby agreed that the work to be performed will conform to the regulations pertaining and applicable thereto. Owner or Authorized Agent ate • to O ° M ' o ~ • ' C ~ 1~7 V m 2 3 J ~ ~ - ~ O O op ~ r ~ Ol ~ a S ~ ~ ~ u N o 3 ; S J ~ ~ ~ ~ -- y] S D O ,~ d c~. ~ i =j o ~ n i u `'L o I ~ S ; ~ n ~ 3 h Z ~ ~. c Z I ~ E n > o M~- G n S 'Y i '~ LL xu' ~ ~ to n 7 0 ~ °• N ~ i In ~ ~' t ~ In m g ffi ~ a a°°b u •~ ~ o a ~ Y J ~ ]° • O V ~ Y b IWIV c > j ~ ~ °' nl I F-• v ~ y~ ~ S e $ ° g rc~ ° n ' ~ a ~ a C = 6 O ~ v C Y ` ~. ~ ' ~ $~ (~ ~ m y u 1~ V ~ h N o W F ~ .Y 4 W ~ O C u ~~ 0 ~ C 4 + ~ „ N 1O O ~ ~ d m ~ 3 8~ ~- ~ I y io ~ P ` I ° ~ ~ ° ~ O ~ ~ ° '` 9 r ~ ,~\ 4 pl ~ Y ~ ° TAM°e ° o 0 0 0 0 •~ v v E ~ t~/~, ~ 1O n n ~ nnoa ~ ° ~c ~~: 1 , / ~M' ~ z of ~ n ~ i ao ti °u fn ~ - - !~~ ~./ ~ ~ 3„f[A000S aqu iooxn 1/7 __ ~\ G ° 3 crC ~ 9 ~ -u ~ a,,ps ul ` ` ANN YYl .~ 1 1 ~.a an n 0 / ]/Af] __ ~~ © 0~ l~ Q ~ ___i~ O (, ~ O gib '' O LO L ~ .. - - (I . ~'31.Y 7MISIYJf10tl 'x ' ~ ® lJ y O ~ .~ I Q ° (•~ Q , ~ O W ~ ° L~ / -- o reel / x 'a m __ _ N b' _ Y ~~~ 7 Y , O NY ~ _ -_ SS _ \ l4 ~~ -l ~AWI. 01311IN]YJ x _-_ , 1~ `] { 'Cry ~, ~~ ~°' . - - l') ~` ~S ' 3 ~ ~ ° // ~' U u ~ 1 u a~A°K iii C/ +`y m m/ A I Qp II ~ Q ~ I ~~ k N'N ~N O ~^ y f 1 A W i ~~~ ~1 u ~L~ ~•h~~x ~ u ~~1 V1sI0I~ -• A STUBBLEf7EL0 CANSIRUCA4~Ati/PANY, INC. SUED/NS/ply A PORTION OF COVERN~IENT LOTS 1 ANO 2, a" SECi10N~~2• T.3N.. R.1 W.• BasE ~ERIaAN. ADA COUNTY, 41ERIaAN an: lo~wo ' ~~ SK ~OI.T RiM 9C - JOHNSON ENGINEERING 1997 - ~ r w+tt. ov ~ W. USTICK ROAD ~"""A °0"°°t ~~t•r.stt-a t b. ~. ~ s fttteote¢ ~ ~ ke9'tt•~t'w ~6.~• Sas~ti•~t'E~ _ 35 36 sntr.rE tsoao ~ V 2I 1 _ 1 toav swrt.vrc atom' I tbao• ~ ~ g b. I .. -1 oom• twm• 00.07 ta.off tpaa tqm' n ~ .~ ~ ~ ~ ~ ~ 18 ' a 10.00' 9 8 ij ~ in S .1 4 :~ ~ ~ ~'j ~ ( C Y 8 8 ZZ ~' ~1:Z8 ?t10 lu a ~ ' ~ ^ O~ ' ~ ^ ~ ' 1 c c t ~~` ~o4Z oi.ZO ao~ 1988 tALy 1 8 ~ ~1% -_ttertr.rc_ _ _ _ slruvrc atsw sa..• ~ .g I ~° "•-'°' RT- - w. 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H ~ I ~ ~ q ^-~ i ~-c. r +- wv nI ~il__J I~~ .- u ua N I ~N N 5 ~~ ~ r ~ ` ~ ~ M I. p ~ P 'I CORPORATE WARRANTY DEED ~~~ Lii~ FOR VALIIE RECEIVED, SZVBBLEF'IELD OCINSTRUCTION COMPANY, AN IDAHO CORPORATION a corporation duly organized and existing under the laws of the State of IDAHO granter, does hereby Grant, Bargain, Sell and Convey unto CITY OF MERIDIAN grantee, the following described real estate, to-wit: SEE EXHIBIT "A" AND EXHIBIT "B" ATTAC[~D HERETO AND MADE A PART THEREOF. 97090512 AC;1 . ~. ;:ECCRCER S SE ID '9? OCT 30 "P~l 1 5 PEE ~G .; :.~~ REC tCED :+T INE ~EO~ ST OF TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s) successors, heirs and assigns forever. And the Grantors do hereby covenant with the said Grantee(s), that they are the owners in fee simple of said premises; that they are free from all encumbrances, except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises. And that they will warrant and defend the same from all lawful claims whatsoever. STATE OF IDAHO ) ss COUNTY OF ADA ) On this S day of AUGUST in the year 1997 before me, a > Notary Public in and for said State, personally appeared A. H. ST[JBBLEFIELD<`..a., known or identified to me to be the PRESIDIIVT t`" of the Corporation that executed the instrument or the person who executed tkie°'" instrument on behalf of said Corporation, and acknowledged to me that suit'' or~bration. executed the same. _'~~y~ , j`. _ Notary Pub c -_ . y;~ _ ~{. Residing at SEAL Commission Expires;~'~~y- ~p,2 T~ 6~~ Cree% Jwh. J` First American Title Company o f Idaho IN WITNESS WHEREOF, the Grantor, pursuant to a resolution of its Board of Directors has caused its corporate name to be hereunto subscribed by its President and Secretary this 4TH day of AUGUST 19 92 { ` a • • EXHIBIT "A" A PORTION OF SECTION 2, T. 3N., R. 1W., BOISE MERIDIAN ADA COUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER IF SECTION 2, T. 3N. R. 1W., BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, THENCE: S 00 00'29" E. N 89 16'48" W. N 00 00'29" W. THENCE N 00 00'29" W. S 89 59'31" W. S 00 00'29" E. 1366.25 65.01 153.02 100.00 100.00 81.17 FEET TO A 1/16 CORNER, THENCE FEET, THENCE FEET TO THE POINT OF BEGINNING, FEET, THENCE FEET, THENCE FEET. THENCE ON A CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 22 37'12", WHOSE RADIUS IS 15.00 FEET WHOSE LENGTH IS 5.92 FEET, AND WHOSE LONG CHORD BEARS S 11 19'05" E 5.88 FEET, THENCE ON A CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 15 32'11", WHOSE RADIUS IS 50.00 FEET, WHOSE LENGTH IS 13.56 FEET, AND WHOSE LONG CHORD BEARS S 14 51'35" E 13.52 FEET, THENCE N 89 59'31" E 95.38 FEET TO THE POINT OF BEGINNING. CONTAINING 0.23 ACRES TOGETHER with an easement for ingress and egress for the purpose of access over and across said land lying between the easterly 100 foot boundary of said well lot and the westerly right of way of Linder Road lying adjacent to. At such time alternate access is provided through the development of surrounding land, the City of Meridian agrees to abandon this access easement and use alternate access provided through the surrounding development. The City of Meridian shall bear all costs of the opening of its facility onto the alternate access provided. • • EXHIBIT "B CONDITIONS OF TRANSFER AGREEMENT 1. The well sight shall be used only for the installatin and operation of a domestic well and for no other purpose. 2. In the event the City of Meridian finds an alternate location for a well lot in this vicinity or at the expiration of five (5) years, which shall be August 5, 2002, the City of Meridian has not developed this well lot for its intended purpose, then the City of Meridian agrees to transfer title of said well lot back to Stubblefield Construction Company, it successors and/or assigns. 3. It is understood between all parties that Stubblefield Construction Company maintains an active irrigated working farm over and around this well lot (See Exhibit "A"). The City of Meridian agrees that Stubblefield Construction Company is entitled to continue farming over said well lot site with no compensation or offset back to the City of Meridian for the use of said land until such time as the city requires use of the land. 4. The City of Meridian agrees to provide Stubblefield Construction Company a sixty (60) day written notice of its intent to develop the well lot. 5. At such time as the City of Meridian may begin constructin on the well lot, the City of Meridian agrees to employ its best effort to protect all adjacent and surrounding land from damage. In the event damage does occur to any surrounding or adjacent land, the City of Meridian agrees to return the land back to its original state to allow continued farming. 6. City of Meridian agrees to pipe irrigation ditches and or canals through the property described in Exhibit "A", to allow continued irrigation and farming activities around said well lot. 7. City of Meridian agrees that upon completion of construction of the well lot and fencing of said lot, to screen said well lot with natural landscaping materials as accepted by the City Planning Director. N 9,956 sq.ft. ~ 0.23 acres ~ $ V . Rl C1 C2 T. 4N., R.1 W., B.M. 356 2 1 T. 3N., R.1j W., B.M. S89'S9'31' W ~ 100.00' ~ 2 WELL LOT ~ ~ o ° $ rn ~o ~ N ~ IO ~ Cr tD N89'59'31"E 95.38' POINT OF BEGINNING ~m ~ ~ z ~ w~~ o ° N' ~ ~ I \' > ~ ~~ E 1/16 CORNER ~N89'16'48" ~- 65.01' CURVE RADIUS LENGTH TANGENT _ _ CHORD BEARING DELTA C1 15.00' 5.92' 3.00' -5.88' S11'19'05`E 22'3Ti C2 50.00' 13.56' 6.82' 13.52' S1451'35"E 15'32'11" A PORTION OF SECTION 2, T.3N., R.1W., BOISE MERIDIAN, ADA COUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 2, T.3N.,R.iW., BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, THENCE S 00'00'29' E 1366.25 FEET TO A 1/16 CORNER, THENCE N 89'16'48" W 65.01 FEET, THENCE N 00'00'29" W 153.02 FEET TO THE POINT OF BEGINNING, THENCE N 00'00'29" W 100.00 FEET, THENCE S 89'59'31" W 100.00 FEET, THENCE S 00'00'29" E 81.17 FEET, THENCE ON A CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 22'37'12", WHOSE RADIUS IS 15.00 FEET, WHOSE LENGTH IS 5.92 FEET, AND WHOSE LONG CHORD BEARS S 11'19'05' E 5.88 f'EET, THENCE ON A CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 15'32'11", WHOSE RADIUS IS 50.00 FEET, WHOSE LENGTH IS 13.56 FEET, AND WHOSE LONG CHORD BEARS S 14 51'35" E 13.52 FEET, THENCE N 89'59'31" E 95.38 FEET TO THE POINT OF BEGINNING CONTAINING 0.23 ACRES MERIDIAN CITY WELL SITE DRAWN BY: I~ DATE x/16/97 PROJECT: cK'D. BY: R.B.J. SCALE ,°=,oo' TUMBLE CREEK SUBDIVISION A PORTION OF LOT 1 DRAWING N0. IN SEC. 2. T.3N., R.1W., B.M. MERIDIAN CITY ADA COUNTY IDAHO SHEET_y0F _ ~_ ,: r,. • 1~~(~EIV~~ OCT101997 :1`t•~ ~ ~~ERIQIA~ I~~~iG~ yr 1~7.~r ~ ~ ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # ~Oi4~9]?f~IQCpCX 208-463-0183 John Stubblefield Stubb/efie/d Deve%pment P. O. Box 327 Meridian, /D 83642 RE: Tumb/ecreek Subdivision Dear Mr. Stubblefield: Phones: Area Code 208 OFFICE: Nam 466-7861 x~~cxx~c>x SHOP:X~~CXX4X This letter is to fol%w up our to%phone conversation and our on-site meeting in regard to the above referenced pro%ect. The pump station for the pressure urban irrigation system in Tumb/ecreek Subdivision ig in operation, however; the Nampa & Meridian Irrigation District does not have possession at this time. if you have. any questions regarding this matter, please feel free to contact me. Sincerely, ~~~~~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTR/CT BH: dln cc: File Each Director Secretary-Treasurer Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~ 7 October 1997 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY MEMORANDUM Mayor TO: Mayor and Council FROM: Shari SfiTes, P&Z Administrator DATE: June 14, 1996 SUBJECT: Final Plat for Tumble Creek Subdivision by Stubblefield Construction Company - 65 Lots on 19.25 Acres This final plat generally conforms to the approved preliminary plat. Applicant to submit detailed landscape plan of berm along Ustick Road, including profile, for approval. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. 2. Permanent perimeter fencing is required to be in place prior to obtaining building permits, except where the City has agreed in writing that such fencing is not necessary. At minimum, permanent six-foot-high fencing will be required on the north and south boundaries and temporary fencing shall be provided on the east and west boundaries to contain construction debris. All ditches on the site, with the exception of Five Mile Creek/Creason Lateral, aze to be tiled per City Ordinance unless a variance is granted by the Meridian City Council and appropriate approvals are received from agencies. 4. Submit letter from Nampa-Meridian Irrigation District for subdivision and pressurized irrigation design approval. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. Pressurized irrigation is to be installed prior to obtaining building permits. A development agreement is required as a condition of annexation. The attached development agreement has been drafted for your review. An amendment to the development agreement will be required as each phase develops, particularly to outline Five Mile Creek/Creason Lateral bike path and the well site. • • Mayor and Council June 14, 1996 Page 2 6. Protective covenants have been submitted and require Wayne Crookston's review for approval. 7. Lot 12, Block 9, and Lot 13, Block 11, do not meet the minimum chord requirement of forty feet (40'). 8. Temporary turnarounds will need to be provided, in accordance with Fire Department requirements, on all stub streets over one lot length. 9. All street signs and streetlights are to be installed prior to obtaining building permits. • • DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1996, 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 Stubblefield Construction Com,~anv., lam, party of the second part, hereinafter called the "DEVELOPER", whose address is ~1 Franklin Road, 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 developmenX agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A" , and requested zoning of g$ and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; 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 6/ 14/96 TUMBLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 1 • • WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the. property subject to de-annexation if the 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. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have have at least 1.400 square feet of floor space, exclusive of garages. 3. That the property zoned B.4, described in "Exhibit A", shall have lot sizes of at least ~ig_h_t hoLC nd (8,000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the 1i4 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of .lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and bamcades, and other such 6/ 14/96 TUMBLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 2 improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters,. pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said .improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (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. 6/14/96 TUMBLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 3 • • 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. 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 thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the ,CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That 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 annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. 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 6/14/96 TUMBLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 4 • • any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. The CITY may 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. That DEVELOPER agrees that no S.ertificates 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 Occi~ shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 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 the entire parcel 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 any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Stubblefield Construction Compa~nv, Inc. City of Meridian 641 Franklin Road 33 East Idaho Meridian, ID 83642 Meridian, ID 83642 Arnold Stubblefield, President 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. 6/ 14/96 TUMBLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 5 • • 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. DATED the date, month and year first appearing. DEVELOPER: Stubblefield Construction Companv~, Inc. By: Name: Arnold Stubblefield Title: President By: Name: John Stubblefield Title: Secre CITY OF MERIDIAN By: Robert D. Corrie, Mayor By: William G. Berg, Jr., City Clerk 6/ 14/96 TUMBLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 6 • • STATE OF IDAHO ) County of Ada ss. On this day of , 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared Arnold Stubblefield and Joh~Stubblefield, known, or proved to me, to be the President and Secretary, respectively, 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. (SEAL) STATE OF IDAHO ) County of Ada Notary Public for Idaho Residing at: My Commission Expires: ss. On this day of , 1996, 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: 6/14/96 TUMBLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 7 • EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, .IDAHO AND STLTBBL•EFIELD CONSTR TCTTON .OMPANY, Inc" This subdivision is for a maximum of ~5 single-family dwelling units with an overall density of ~$ dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, with the exception of Five Mile Creek, which shall remain open. Submit approvals and/or executed license agreements from appropriate irrigation district/downstream water users. 2. Extend and construct water and sewer~line extensions to serve the property and connect to Meridian water and sewer lines, and extend and construct sewer and water lines through to furthermost boundaries of the property, as approved by the Meridian City Engineer. 3. Construct streets to and within the property in accordance with Ada County Highway District and City of Meridian Standards. 4. Dedicate the necessary land from the centerline of Ustick Road for public right-of-way, including any necessary bike lanes, to meet Ada County Highway District and City of Meridian standards. 5. Meet the requirements of 11-9-605 C. (Pedestrian Walkways), G. (Planting Strips and Reserve Strips), H.2. (Preservation of Natural Features), K. (Lineal Open Space Comdors), and L. (Pedestrian/Bike Pathways) subject to irrigation district approval. 6. Provide atwenty-foot (20') wide planting strip adjacent to Ustick Road prior to obtaining building permits; fencing not to encroach on this twenty-foot (20') planting strip. 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 8. Provide pressurized irrigation to all lots within this subdivision prior to obtaining building permits. Evidence of approvals from appropriate agencies must be submitted to the City. EXHIBIT "B" 6/14/96 TUMBLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 2 r 9. Install perimeter fencing prior to obtaining building permits except where the City has specifically agreed in writing that fencing is not necessary. 10. Deed to the City a 100'x100' lot for the placement and drilling of a City well by the City. 11. Pay any development, impact or transfer fee adopted by the City of Meridian. 12. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. 13. Petition the City Council for amendment of this development agreement at such time as future phases are presented for final plat approval. EXHIBIT "B" 6/14/96 TUMBLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 2 • STEELE & SONS LIMITED LAND COMPANY, L.C. 4619 Emerald, Suite F, P. O. Box 9412, Boise, ID 83707-3412(208) 342-2638 --- Telephone * (208) 344-9180 --- FAX August 28, 1997 Wayne Crookstron Meridian City Attorney 33 East Idaho Avenue Meridian, Idaho 83642 Dear Wayne: RECEI'fi~ BUG 2 9 1997 (QTY OF I~ERI~,A~i As I mentioned to you last Thursday, I have a problem with Tumblecreek Subdivision which is to the north of Turtle Creek. For the last three years, I have been trying to negotiate an easement to access the 10" sewer line of Tumblecreek. Phase 1 of Tumblecreek is substantially complete. It is obvious from looking at the plans that they have dead ended the sewer 314 feet from my property to keep my property from being developed. Phase 1 of Tumblecreek does not comply with the requirement that utilities be built to and through to the adjoining property. This matter has been an item of much discussion between Gary Smith and me, and my engineer, Gary Lee. It has required me to construct a sewer line across Linder and under Five Mile Creek for Phase 1 of my project, Turtle Creek. I believe it is time for the City to demand that Tumblecreek provide access. This line is designed to provide sewer access to my entire parcel. Very truly yours, Jon M. Steele JMS:bh ~Q a ~~ e e ~J'~ e e / f~ v 30 July 1997 Mr. John Stubblefield " Stubblefield Development 641 W. Franklin Road Meridian, /D 83642 RE: Tumb/e Creek Subdivision -Phase 7 Dear John: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 '~~ ~~ OFFICE: Nampa 466-7861 Boise 343-1884 AUCj - k 1997 SHOP: Nampa 466-0663 Boise 345-2431 ~~' ~~~~ The Nampa & Meridian lrrigation District has completed a review of the above mentioned plans for the construction of the subdivision on Ustick and Linder Roads. The subdivision, at least in Phase 1, if constructed according to plans will be acceptable to the Nampa & Meridian lrrigation District, providing we have a license agreement in place for discharge prior to construction. Please contact the District's attorney, Mr. Dan Steenson at 342-4591 and ask that he prepare a license agreement for discharge back into the Five Mile Drain. When this agreement has been signed, it will be presented to the District's Board of Directors for their final approval. Once this has taken place, construction can begin. As a reminder, this approval is for the review of Phase 1 only. The District will need to do. further review as future phases come into place, which includes the Pressurized lrrigation System and the relocation and piping of the District's Five Mile Stub Drain. Please feel free to contact me if you feel further discussion is required. Sincerely, i~f~`~Y---- Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN lRR/GATION DISTRICT BH: d/n ce: Fils Esch Director Sscrstery•Tiessuisr Water Supsrinrondent Rids 4 - Gipmoro l.Gity of Meridan Ade County Hiphwsy District APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CENTRAL • •• DISTRICT HEALTH DEPARTMENT C~ MAIN OFFICE • 701 N. ARMSTRONG PL. • BOISE, ID 83104-0825 • (208) 375-5211 • FAX 327-85CC To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of ow environment. 97-425 June 23, 1997 'j~,~CE~V~(j .1 u N 2 5 X997 David Navarro Ada County Recorder ~r~"y ~~ NI~R1DlAN 650 Main Street Boise, ID 83702 RE: Tumble Creek Subdivision #1 Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on June 20, 1997., No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, 1/~!~'YV Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Environmental Health Director Martin O. Jones, Environmental Health Supervisor HUD Johnson Engineering Stubblefield Construction City of Meridian Serving Valley, Elmore, Boise, and:-Ida Counties Ada /Boise County Office Ada-WIC Satellite Office Elmore County Office Valley County Office 707 N. Armsrong PI. ' SC6 Roberts ~__ ~ 9rh street N ^3 ~`1. ! st Streer Bcise,'C 83704 Boise, !D 83705 ~'~Untcin Heme, iD 830~:~ P.O 'dox'4~8 Erviro. Health: 327-749 Ph 3?4-3355 =^~viro, Health: 587-3521 ~~~tc~,all, IC- 83033 Family Planr.ir.g: 327-74Cq FAX: 334-3.355 Family Hecith: 587-4407 Ph 03:1-7194 Immunizations. 327-7450 1~V'C: 587-44C9 FAX. X34-2 ~ '4 Sarnor Nutrition: 327-7400 FAX: 587-521 WIC: 32'--488 FAX: 32'-8500 Meridian City Council June 18, 1996 Page 15 " Lee: Thank you very much it is nice to hear that. Morrow: I have nothing further. Corrie: Thank you Gary, thanks John, any further comments or questions from staff, Council? Stiles: Mr. Mayor and Council I would like to add one comment that the western boundary should be fenced prior to obtaining building permits and see if the applicant has any problem doing that it is all unplatted agricultural land there and we have been requiring plats to have perimeter fencing adjacent to unplatted property. (Inaudible) Corrie: No, his comment was if you want it you can have it. Any further comments of the Council? Morrow: I guess I am not clear on what the answer was, I think that his comment was that Gary Lee got to address the question, do we have an answer for Shari's question? Lee: The developer John Ewing has .indicated that he would be glad to put the fence up. Corrie: Thank you Gary, any further questions? Hearing none I will entertain a motion on the final plat? Morrow: Mr. Mayor, I move that we approve the final plat as submitted for Fothergill Subdivision No. 3 by John and Sara Ewing. Bentley: Second Corrie: Motion is made by Mr. Morrow, second by Mr. Bentley that we accept the final plat - -~ for Fothergill Subdivision No. 3, any further discussion? Hearing none, all those in favor? - Opposed? MOTION CARRIED: All Yea Corrie: Council, I would like to go back one item, to item 6. We forgot the development agreement along with the final plat. It was in the packet. ITEM #6: FINAL PLAT: TUMBLE CREEK SUBDIVISION, WITH A DEVELOPMENT AGREEMENT BY ARNOLD STUBBLEFIELD: .~ Meridian City Council June 18, 1996 Page 16 " Morrow: I don't think we need to' restate the motion, just have a separate motion to approve that. Mr. Mayor I would move that we approve the development agreement for Tumble Creek Subdivision by Arnold Stubblefield. Rountree: Second Corrie: We have a motion made by Mr. Morrow, second by Mr. Rountree and that also includes the Mayor to sign and the City Clerk to attest, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: RECONSIDERATION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FORA 74 UNIT PUD FOR ASHFORD GREENS SUBDIVISION N0. 2 BY BRIGHTON CORPORATION: Corrie: Mr. Wardle? I will now open the public hearing on item #8. Mike Wardle, 50 Broadway Avenue, Suite B, Boise, was sworn by the City Attorney. Wardle: Mr. Mayor and members of the Council, on the 16th of April the Council approved the subject project, Ashford No. 2 which is a 74 lot PUD of detached single family dwellings in a cluster concept development with significant open space. I believe it was clearly the intent of the Council to approve the project as submitted but in the reading of the findings and conclusions that we received after the meeting it became apparent that there were some problems and contradictions that would make it difficult to construct the project based on the findings and conclusions that did not agree with the site plan specifically related to building frontages or lot frontages and set back requirements. We responded approximately two weeks after receiving those findings and just prior to the next Council meeting and it is not seven weeks later to bring this matter back to the Ca~ancil. I think this was one case where the opportunity to have reviewed the findings and conclusions in advance of that adoption probably would have cut maybe 4 to 6 weeks off of this process and hopefully would have resolved the issue before adoption. Probably at that point would have necessitated a tabling until those issues were addressed. I would like to pass out and I only have five copies but an amended letter that was submitted on, it was received by the City on the 29th and is dated Aprit 26 from Mr. Turnbull. And then additional copies of the annotated findings and conclusions also of that same date that accompanied that fetter. There have been a couple of modifications to that that are highlighted and would like to present those for your review. Mr. Mayor and Mr. Bentley you have those but there are two, a wording revision on one of the existing and then one new item to be brought to the Council. So I wilt give your five copies of the findings and • Meridian City Council June 18, 1996 Page 10 tonight. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree Crookston: Mr. Mayor, that is agenda item #S, do you wish to act on that while you are doing agenda item #4? Morrow: I think that Corrie: I hadn't got to five yet but we will take up item #5 and to be tabled, we just jumped a little ahead of the number here. Five is what we are on now. Entertain the motion Mr. Morrow made and seconded, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINAL PLAT: TUMBLE CREEK SUBDIVISION, WITH DEVELOPMENT AGREEMENT BY ARNOLD STUBBLEFIELD: Corrie:. Mr. Stubblefield would you like to come up John? Stubblefield: Mr. Mayor, members of the Council my name is John Stubblefield, since receiving the staff and other agency comments fast Friday we have met with the staff and believe that we have addressed all comments and concerns with respect to this subdivision. We are in support of staff comments and request that you grant phase 1 final plat approval on the Tumble Creek Subdivision subject to compliance with all staff and agency comments and recommendations. Corrie: Any questions from Council for Mr. Stubblef~~ld? Rountree: I have none, I would just like to point out that Stubblefield Companies has responded in writing to staff comments and you are in receipt of those? Smith: Yes we are, they did a good job in responding. Bentley: Mr. Mayor, I would like to ask staff if they have addressed the conditions on the well location lot? Smith: Mr. Mayor and Councilman Bentley, Council members, originally we had a proposal for a well lot from Stubblefield development to be located north of Ustidc and west of • • Meridian City Council June 18, 1996 Page 11 Linder Road. We had requested that a survey map be provided to it showing the location of the property and access was available to that lot. Which they did provide. After reviewing the submittal I decided that location was not appropriate for a City well. The distance from the road, the width of access that was available were two determining factors. Subsequent to that I talked to John and Jim Stubblefield and discussed the possibility of a well lot within their subdivision. More particularly at the southwest comer of their preliminary plat which is outside the boundaries of this plat, this final plat. But it is adjacent to Linder Road, it is adjacent to power, it is adjacent, it is across the street from Five Mile Creek which would provide us an accessway for a drainage or overflow or a bypass. The lot or lots that I am talking to the Stubblefields about excuse me it is one lot it is an irregular shaped lot it has a long north south dimension and about 100 feet east west. I think the thing that the Stubblefields want to do is to enter into negotiation with that and for that and I will read on page 3 of their response to City Clerk Berg, "we would propose that Exhibit B item 10 read", and this has to do with the well lot, "deed necessary property to the City for placement drilling of a city well as negotiated between the City Engineer and developer." And right now we are talking preliminarily about that lot in the southeast corner of their subdivision, their preliminary plat subdivision. Corrie: Might add to Council that Mr. Stubblefield, Jim and John said that whenever that well site is needed they would be happy to deed it to the City if it is before or they get tot he subdivision platting of that part. So that will work fine. Morrow: Question concerning that Mr. Mayor, for Mr. Smith, that deeding would be in meets and bounds and we should not have a problem with that as a legal from the City standpoint would we, should we need that well site prior to, your comments please? Smith: 1 don't know that I can answer that question Councilman. The access if we did take a meets and bounds description for that parcel the access would have to come from Linder Road which is could because it is adjacent to Linder Road. Alt things being equal everything is there that needs to be there in frder for it to be a well connected to the City system. But the actual transfer of property, we would have to have ownership of the property and I discussed that with Jim and John Stubblefield both. Because, the State of Idaho requires ownership. Morrow: Are you indicating your preference would be to access it from inside the subdivision as opposed to Linder Road thereby meaning that we would wait until that phase was platted and had a lot and block? Smith: No sir, I think as, when the subdivision develops then yes, we would access it from within the subdivision because the Highway District wouldn't allow us to access it on Linder. Amain access to the subdivision just north of this lot several hundred feet. So at • • Meridian City Council June 18, 1996 Page 12 the time it develops our access would be through the subdivision similar to what we have on the Vineyard subdivision where we access their main road instead of accessing Linder which is adjacent to the lot. Morrow: Thank you, Mr. Mayor, I would like a follow up question with respect to the well lot for the City Attorney. My question is that I am not having a problem at all with the final plat, but what type of verbiage should we use to make sure that those negotiations continue that we in fact do obtain that well site when we need it? Crookston: Mr. Mayor and Council !believe that the proper thing to do so that the City knows that it has that property for a well is to add some type of deed restriction on the legal description for the well lot. That deed restriction be recorded so that there can be no sale of the land without a proposed buyer knowing about the use of the lot for a well. I don't think it is wise to have an agreement that is not recorded state that the City has the right to have that well for a lot. I think that what the City needs is to have something recorded so that the City knows that it ends up with that property. Morrow: I guess my question is how do we do that given the fact that is not the portion of ground that is being currently platted. Crookston: It would have a meets and bounds description of that well lot when it is platted and it is put into the subdivision and is a lot. You could just transfer the deed saying we initially had this property deeded to the City, it is now platted it is not Lot 1 Block 2 of Tumble Creek Subdivision and this is a correction deed. The problem with not having something recorded is that if the Stubblefields desire to sell that may not come out that is supposed to be a well lot and the buyer may not know about it. The City could then be put in a situation where the City has to enforce or try to enforce the deed of that property to the City from a person that has nothing to do with these proceedings tonight. And I think that should be done before the final plat is approved. Rountree: Before the final plat is approved or as a condition of approval? - -- Crookston: Definitely before it is signed. Morrow: Mr. Mayor, question for the Stubblefields I guess my question would be is as you can see this is a difttcult issue for us and your thoughts or agreement in terms of us handling this lot for future Councils for future owners or developers that may be involved. Stubblefield: First of all we are in agreement with setting this lot area that we have decided in setting that aside for a well location. It was our hope to do that by agreement at this time whatever we need to do recording the agreement even putting a deed • • Meridian City Council June 18, 1996 Page 13 restriction for a couple of reasons: Perhaps the well may be needed next month, it also may be 5 years or 10 years, none of know for sure sitting here today exactly when that is going to take place. In that span of time there is just a number of things that could happen. We were hoping to have the flexibility that should something happen with the City's position not ours but the City's position that they either had a better site or something else came back that this would be able to revert back (End of Tape) identifying it setting it aside for the City, the other thing with time is that if it were not needed by the time that assuming that we could adequately identify it or properly identify it then we wouldn't need to go through the engineering expense today of doing a meets and bounds description that lot will be in the very near future a recorded lot. So that was another thing. We are prepared to set it aside and work with the City in whatever manor we have to. Corrie: Any further discussion? Morrow: As point of discussion, I don't have any problem with the preliminary plat and the staff had indicated that the response by Stubblefield Development to all of the issues has been fine. I am a little troubled by the well lot issue and I am sensitive to the fact that it would cost Stubblefield Development a little extra money to have a meets and bounds description. But I think that the taxpayer and citizen is best served if we know have we have bird in hand. Should, I guess what I would like to see is should we determine at some point in the future that the site is not going to be a well site that there is a provision that the Stubblefield's would get the property back and dispose of as their design might be at that point in time. So those would be my thoughts concerning this final plat. Rountree: You are indicating then that looking at approving the plat with the condition of having meets and bounds description and deed restriction for that lot prior to the signing of the final plat. Morrow: No I am looking at in terms of a meets and bounds description and receiving that deed and meets and bounds now and no deed restriction we have the deed to the property. Rountree: With a reversionary clause on that property if in fact the City doesn't use it for a well lot. Morrow: That would be correct. Rountree: I don't have any problem with that. Corrie: I will entertain a motion, do you want to give it a go? .. Meridian City Council June 18, 1996 Page 14 Morrow: Mr. Mayor, I would move that we approve the final plat for Tumble Creek Subdivision and that the final plat not by signed by the City Clerk until such time as we have received deed in meets and bounds for the well lot and also at any point in the future when the City makes a decision not to use that property as a well lot that it will revert to Stubblefield Development Company. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINAL PLAT: FOTHERGILL SUBDIVISION N0. 3 BY JOHN & SARA EWING: Corrie: John or Gary Lee either one. Lee: Gary Lee with JUB Engineers representing the applicant, the Ewings. The application tonight is for Fothergill Pointe Subdivision No. 3, it is the last phase in this development. It is in an R-8 zone with 6500 square foot minimum lots and 1300 square foot minimum house sizes. About 5 acres and 22 lots in this final phase. The lot sizes in this particular phase range anywhere from 6900 feet to about 12,000 square feet. It is an extension of all City services, water and sewer and also an extension of an existing pressure irrigation system in Fothergill Pointe No. 2. We did receive staff comments today and reviewed those and responded to the Gity Engineer's office on the site specific requirements. We have no real concerns with the comments and would can address those items satisfactorily. If you have any questions I would be glad to entertain those. Morrow: Mr. Mayor, Mr. Lee you are in agreement with all of the comments by staff, ACHD, you have no problem with any of those things is what you are telling u~~? Lee: That is true. - _ = Morrow: I don't have another question, I would like to make a point that under site specific comments as authored by Bruce Freckleton, he pays you a very nice compliment and I will read that for the benefit of the audience. "ft was a pleasure doing the review for a final plat map, Gary Lee has done a terrific job with quality control." I would like to echo that it is very rare anymore that we get a proposal or project that is even worth a dam and so the staff had recognized that you are doing a great job and on behalf of myself and the Council I would like to recognize that nice job also and say thanks. ~ ~ ~;~~~~ SUBDIVISION EVALUATION SHEET ,~;~;~ 2 p tn~ CITY OF ~LRI~lI~1~I Proposed Development Name TunnRi F cRFFK SUB City MERtD!AN Date Reviewed 5/30/96 Preliminary Stage Final XXXXX Engineer/Developer Johnson Engr / c*~ ~titiiof~oi~ 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. "W USTICK ROAD" "W. LOWRY STREET'" "W PARKSTONE COURT" "W PARKSTONE STREET" "W PEBBLESTONE STREET" "N GLENNFIELD WAY" "W WHITES TONE DRIV " The follo~waing ne~A~ street name is over ten lette rer in length an d cannot be aoRoved unless Ada County~lighwav Distric+ ~A~~~i ~~prify in writing that the name will fit on a sign: "W TUMBLE C REEK STREET " "w~ n~~ ei+~ ~ G~TAwlL IA/A V~~ 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 CO Ada County Engineer Ada Planning Assoc. John Priester Terri City of Meridian Meridian Fire District Representative '~JFP~RESENTATIVES OR DESIGNEES Date S _, ~- Date ~ ~~' Date ~~' ~_ Date ~` 3~ 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 3~ 02 Section NUMBERING OF LOTS AND BLOCKS D l~ ~i~6y 5,, ~ ~ MERIDIAN CITY COUNCIL MEETING: JUNE 18.1996 APPLICANT: ARNOLD STUBBLEFIELD ITEM NUMBER; 6 REQUEST:FINAL PLAT: TUMBLE CREEK SUBDIVISION AGENCY COMMENTS CITY CLERK: `~~ f ,~-~ CITY ENGINEER: SEE ATTACHED COMMENTS I~ CITY PLANNING DIRECTOR: ~~ CITY ATTORNEY: ~~ CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACH D COMMENTS '~' ~- E „~ Cv SETTLERS IRRIGATION: ~Y" ~ f(~ IDAHO POWER: ~ Yi ~ " US WEST: IIII ~~~ U~~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: p~ A~ Materials presented at public meetings shall become property of the Ci f ridian. ll" J ~~ ~}~ ~~ ~" • ~ OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN BENTLEYEE CHGLENN R BRUCE D. STUART, Water Works Supt. . JOHN T SHAWCROFT, Waste water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief public WorksBuilding Department (208) 887-2211 TIM HEPPER W.L. SILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor MEMORANDUM: June 11, 1996 To: Mayor, City Council From: Bruce Freckleton, Assistant to Ciry Engineer Re: TUMBLE CREEK SUBDIVISION (Final Plat - By Arnold Stubblefield) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENT 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per Ciry Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with street development plans. 4. Provide a statement as to whether the pressurized irrigation system in this development is to be owned and maintained by the Irrigation Dist. or the Homeowners Assoc. 5. Indicate any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. C:10FFICE\ W P W IN\C}EN6RAL\TUMBLECR. C-C • Mayor and Council June 11, 1996 Page 2 6. Please address in writing, each of the General and Site Specific Comments, within this memorandum, to the City Clerk's office prior to the scheduled hearing. SITE SPECIFIC COMMENTS 1. This Plat generally conforms to the previously approved Preliminary Plat map. 2. Please submit a copy of the Ada County Street Name Committee's final approval letter for the Subdivision and street names. Make any corrections necessary to conform. 3. Lot 12, Block 9 doesn't meet the minimum 40 foot street frontage required in an R-4 Zone for Lots on a cul-de-sac. Street frontage on cul-de-sac lots shall be measured on the chord of the curve. Please indicate with an arrow, the rear of Lot 2, Block 7 being opposite the W. Pebblestone St. frontage, and the rear of Lot 8, Block 11 being opposite the N. Glennfield Way frontage. 4. Please provide the Public Works Department with a map that would show how a 1400 square foot house with a double car garage would fit within all the setbacks on Lot 9, Block 8. 5. Clarify the property corner information, possibly with a small detail on the plat, for the northwesterly corner of Lot 11, Block 9. 6. Please add or revise the following notes: EASEMENTS All lots have a 10 foot wide easement contiguous to all streets, rear lot lines, and the exterior subdivision boundary for public utilities, drainage or irrigation purposes, unless dimensioned otherwise. Side lot lines shall have a 5 foot easement on each lot for public utilities, drainage or irrigation. Other easements are as shown. IZE-SUBDIVISION ...time of re-subdivision, or as allowed by conditional use. HOUSE SIZE All lots are for single family dwellings with a minimum size of 1400 square feet, excluding garage. C: \OPP[CEl WPWtN1aHNERALITUMBI.HCR. C-C Mayor and Council June 11, 1996 Page 3 FOOTING ELEVATION • The bottom elevation of house footings shall be set a minimum of 12 inches above the highest established seasonal ground water elevation. 7. Easements within buildable residential lots for the purpose of storm drainage will not be allowed ,unless the Ada County Highway District agrees in writing to be responsible for the maintenance of such facilities. 8. Complete the information in the note regarding corner perpetuation & filing records. 9. Correct the errors in the table of line segments for the duplication of lines L27-L31. 10. Graphically indicate a 5 foot wide easement adjacent to the exterior subdivision boundary along the westerly side of Lot 3, Block 7, Lots 1 & 16, Block 11, Lots 1 & 7, Block 10, and Lot 14, Block 9, and along the southerly side of Lot 1, Block 9, and Lot 1, Block 1, and along the easterly side of Lot 1, Block 1, Lots 1 & 2, Block 2, Lots 1 & 2, Block 3, Lots 1 & 2, Block ~, and Lot 7, Block 5. 11. Change the line weight of the exterior subdivision boundary to be heavier than that of the rest of the lines, also please indicate the new line weight in the legend. 12. Execute the Certificate of Owners and accompanying Acknowledgments. 13. Final selection of a suitable site for a new City well has not been completed as of the drafting of these comments. Applicants have proposed a site north of Ustick Road near the Creason Lateral. We don't feel that this is an appropriate location due to access and distance to Ustick Road. Gary Smith has met with the applicant and hopes to come to an agreement for the purchase of a site near the SE corner of the overall preliminary plat. c:~o~ce~wrwn~n~E-~xnL~ivNmz~ca.c-c OFFICIALS ~ HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer A Good Place 1:0 Live WALT W. MORROW, President GARY D. SMITH, P.E., City Engineer BRUC CITY OF MERIDIAN RONALD R. TOLSMA CHARLES M ROUNTR E D. STUART, Water Works Supt. . EE JOHN T. SHAWCROFT, Waste Water Supt. GLENN R. BENTLEY DENNIS J. SUMMERS, Parks supt. 33 EAST IDAHO SHARI L. STILES, P & Z Administrator ~ MERIDIAN, IDAHO $3642 P /> Z C PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS Flre Chief Phone (208) 888-4433 • FAX (208) 887-4813 i OMMISS_In_ti ~ , W.L. "BILL" GORDON, Police Chief Public Works/Building Depactrnent (208) 887-2211 JIM JOHNSON, Chairman TIM HEPPER i WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers Lianas (208) 888-4443 JIM SHEARER ROBERT D. CORRIE GREG OSLUND MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 11 1996 TRANSMITTAL DATE: 5/20/96 HEARING DATE: _ _ /18 /96 REQUEST: Final Plat for Tumble Creek ~: bdivision BY: Arnold tubblefield LOCATION OF PROPERTY OR PROJECT: West Ustick Road and North Linder Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P2 -GREG OSLUND, P/Z TIM HEPPER, P/Z ,ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT "' BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PREUM & FINAL PLAT) INTERMOUNTAIN GAS RELIM & FINAL PLAT) BUREAU OF REC RELIM & FINAL PLAT) CITY FILES V I t1EFZ: YOUR CONCISE f ~~~ ~ ~-Y 2 8 1996 CITY OF MERiDUN IAN G. BERG, JR., City Clerk NICE L. LASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, PoNce Chief WAYNE G. CROOKSTON, JR., Attorney NUB ~ OF TREASURE VALLEY p~p~g~ A Good Plate to Live WALT W. MORROW, President CI'T.Y OT ~T . ~ A , 1 j ~1 RONALD R. TOLSMA CHARLES M. ROUNTREE A 1 GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMICSIAN Phone (208} 888-4433 • TAX (208) 887-4813 Public Works/$uildin De S p~tment (208) 887-2211 JIM JOHNSON, Chalmtan Motor Vehicle/Drivers Liaffie (208) 888-4443 TIM HEPPER JIM SHEARER ROBERT D. WRRIE GREG OSLUND MALCOLM MACCOY Maya TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY QF 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: Wilf Berg, City Clerk by: June 11, 1996 TRANSMITTAL DATE: 5/20/96 HEARING DATE:- 6/18 /96 REQUEST: Fin Plat for Tum le Creek u vi ion BY: Arnold Stubblefield LOCATION OF PROPERTY OR PROJECT:. West Ustick Road and North I finder oad JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P2 GREG OSLUND, P/Z TIM HEPPER, P/Z ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C -.WALT MORROW, C/C GLENN BENTLEY, C/C -WATER DEPARTMENT SEWER DEPARTMENT ~~' BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN, SCHOOL DISTRICT MERIDUW POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION ~'E~~~ V~~ CENTRAL DISTRICT HEALTH NAMPA AiERIDIAN IRRIGATION DISTRICT ~ ~ F~ ~ 1 1996 SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) lTl~' (~~ ~IERIDIAh.F U.S. WEST(PRELIM & FINAL PLAT) 1NTERMOfJNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAIVIP-TION(PRELIM & FINAL PLAT) CITY FILES / OTHER: ~ ~. l ~q (D YOUR CONCISE REMARKS: "= ~e~y, j. ;~~~Le _ARau w~ s elC .I7~ /4/11 /~ (,t~ . Uow R~ S`f' i ~'~c~ivlEC} ~~~y r ~ ~9q~. ;I`Clr tlw~ ~VIERIDIACt~ SUPERINTENDENT Bob L. Haley May 28, 1996 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: I have reviewed the application for Tumble Creek Subdivision and find that it includes approximately 65 homes. This subdivision is located in census tract 103.10 and in the attendance zone for Linder Elementary School, Eagle Middle School and Eagle High School. Using the above information we can predict that these homes, when completed, will house 18 elementary aged children, 15 middle school aged children, and 19 senior high aged students. At the present time Chief Joseph Elementary is at 117% of capacity. The Meridian School District will grant approval of this development, however this subdivision will cause increased overcrowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, ~H,•~~- Jim Carberry Administrator of Support Programs JC:gr BOARD OF TRUSTEES Larry Andrews • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann CENTRAL C •• DISTRICT ~i~1'HEALTH DEPARTMENT Rezone # DISTRICT HEALTH D Environmental Health Division Conditional Preliminary(/ Final Short Plat J !/~~O/J`/v NT ~Ec~~''~iurn to: ~~~ ~ ~'9~~' ^ Boise ^ Eagle s~~°i(~,` C)~ 'r~ERIOIph~r] Garden city Meridian ^ Kuna ^ Acz ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: .,'l~.central sewage ^ community sewage system ^ community water well ^ interim sewage ,~~central water ^ individual sewage ^ individual water ~' 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ^ community sewage system ^ community water ^ sewage dry lines .icecentral water I o. Street Runoff is not to create a mosquito breeding problem. ^ I I. ^ 12. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store p. 15. Date: ~ / ~O l~ ~~~vifs~~2 /~/lTyi~~.NBe7~T ~iT~°~'w /S /1 Reviewed By: Review heet (DHD ID/91 «b, rev. 1195 • ~ . CENTRAL •~ DISTRICT . 'HEALTH . ~~ . ~~3~~.SZ,,.f,~:~~-~ DEPARTMENT MAIN OffICE • 701 N. ARMSTRONG F'L. BOISE. ~~ 83 To prevent and treat disease and disability; to promote healthy lifestyles; and to proteM and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: .1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. ;~~, Serving valley, Elmore, Boise, and Ada Counties wtc eoia • 6brtaon amore carer olk. Er~-ae courr oetc. valet, Courir t>wke Sooc 1145 P O Ada / Ida Caunh OIIu 707 N. Artndronp Pl 1606 R0~ 520 E. bth Street N. d fnvfrawrwrdd Heash 4111 Sheet E 190 5 . . ~a• 5). al675 Boas. 0. 83704 Bose. ~. 334.3355 83105 Ph Mantah Home. ~. 83607 Ph587-440] . Mountan Horne. ~. Ph. 634•)I91 Erlviro. HeaNh: 327.7499 . 83647 Ph 587.9225 fcmiY Plan>ir>a 327.1400 324 Meridan. D. trrrrr+italbru:32I.7450 83602 Ph. 8586525 WILLi~M G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNlS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W, BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • couNCrr M r~.o~as A Good Place to Live CITY OT ~~T . ~ , A. 1 1 j j1 WALT w. MoRROw, President RONALD R. TOLSMA CHARLES M. ROUNTREE L ~ 1 GLENN R. BENTLEY 33 EAST IDa9,H0 MERIDIAN, IDAHO $3(42 P A Z COMMIS ION Phone (208) 888-4433 • FAX} 8g'7~g13 Public WorksBuilding Depaztmcat (208) 887.2211 Motor Vehicle/Drivers License (208) 888 ~ r r' ~ _ ~-' `--' u~ ` 's JIM JOHAlSON, Chairman _ TIM HEPPER JIM SHEARER '- ~- } GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Maya MAY 2 9 1996 •s TRANSMITTAL TO AGENCIES FOR COMMENTS Old NAI~BMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: -June 11. 1996 TRANSMITTAL DATE: 5 /20/96 HEARING DATE:- 6/18 /96 REQUEST:_Final Plat for Tumble Creek Subdivision BY: Ar of ubblefield LOCATION OF PROPERTY OR PROJECT:- West Ustick Road and Norm Linder Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z JI MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) M SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION '~EC~:rtti',~~ TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH -ROBERT CORRIE, MAYOR NAMPA A1~RIDIAN IRRIGATION DISTRICT ' E,! ~ ~ ~ ~~~~~ RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C WALT MORROW C/C IDAHO POWER CO.(PRELIM 8r FINAL PLAT) °~~ ~~' lV1FRI;[)L~ ~: - , GLENN BENTLEY C/C U.S. WEST(PRELIM & FINAL PLAT) , , -WATER DEPARTMENT INTERMOUNTAIN GAS(PRELIM & FINAL PLAT} SEWER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8r FINAL PLAT) BUILDING DEPARTMENT CITY FILES OTHER: FIRE DEPARTMENT POLICE DEPARTMENT YOUR CONCISE REMARKS: Nam a & Meridian Irri ation CITY ATTORNEY District requires that a Land Use Change Site Develop- CITY ENGINEER ment application be filed for review prior to final platt CITY PLANNER ing. Contact Donna Moor a 34 1884 or /~66-7861 fo f h i A1:1 laterals and waste ca r rtrt ar n fnrn, +- t drainage must be retained ws mea hP nrnrPrtP.t All m •~~~ surface on site. Tf an f A aur arp r Nampa & Meridian Irrigation District must review drainage plansPa ThA " ro „~~~r ~~ ~ L T~ he developer ray Wl~« iudno ~oae jl jiiUS . It is receommended that Irri at ion water be made available to all devela ments within Nam a & Meridian Irri at ion District. Sincerely. < _ _. Bi11 R. Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT • r~ui & '~~e~idiaac ~I~ugat~oc~ T~caficict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Roy B. Johnson Johnson Engineering 9225 Chinden Blvd. Suite J Boise, ID 83714 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Tumble Cresk Subdivision Dear Mr. Johnson: 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 you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent City of Meridian Stubblefield Construction enc. C~~p~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 12 June 1996 WILLIAM G. BERG, JR., City Clerk JANICE L. LASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TRF9SURE yALLEY ~~z~~p~ ~~ COl-NGIL MEMBFRc WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 ~ FAX (208) 887-4813 Public Wocks/Building Depattrnent (208) 887-2211 Motor Vehicle/Drivers lionise (208) 888-4443. ROBERT D. CORRIE Maya P 8 Z GOfI!fl!rs_ ION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMTITAL TO AGENCIES FOR CONIlVIEN'I'S 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: TRANSMITTAL DATE: / 6 HEARING DATE: 1 / 6 REQUEST:_Final P at for Tumble Cre k $~shrlG~.:e:.+n BY: Arnold Stuhhlafie~.4 LOCATION OF PROPERTY OR PROJECT:_yUest Ustick Road and N orth Linder _ -• JIM JOHNSON, P/Z ~MALCOLM MACCOY, P2 JIM SHEARER, P/Z GREG OSLUND, P2 TIM HEPPER, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT -' BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT -MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) _~DA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH _NAMPA lII~RIDIAN IRRIGATION DISTRICT --SETTLERS IRRIGATION DISTRICT --IDAHO POWER CO.(PRELIM 8 FINAL PLAT) ,_U.S. WEST(pRELIM & FINAL PLAT) -INTERMOUNTAIN GAS(PRELIM 8 FlNAL PLAT) .-,-.-BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) ~.~CITY FILES OTHER: YOUR CONCISE REMARKS: ~I'o l~,Fie~~.J~r `' n~ ~ ~ 1ggc, I f°'' '" ~FRIDI,gh ~ ~oyy,~~i~yr~ ~ U N ~ 7 199 BUILDER - DEVELOPER - GENERAL CONTRACTb'R' " ~~ MERIOIAi~ REAL ESTATE - PROPERTY MANAGEMENT P. O. Box 327 3328 Mather Field Road 2258 Bradford Avenue Meridian, Idaho 83642 Rancho Cordova, California 95670 Highland, California 92348 Phone (208) 888-1202 Phone (916) 3647869 Phone (714) 864-1522 FAX {208) 888-1838 FAX (714) 864-6957 June 15, 1996 Mr. Will Berg City Clerk 33 East Idaho Meridian, Idaho 83642 Re: Tumblecreek Subdivision, Stubblefield Const.Co. response to Staff Comments, issued June 14, 1996 for Item #6 of the June 18,1996 city council meeting. Dear Will; Item #6 of the city Engineers comments asks that we adress in writing, each of the general and site specific Comments, within this memorandum, to the City Clerk's office prior to the scheduled hearing. The following is our response to all staff comments. Attatched Exhibits; A. Duplicate copy of staff comments for your convenience and reference. B. Street Name Committee Approval. C. Revised Final plat incorporating changes as requested in staff comments. (11 copies enclosed) D. Map of Lot 9 Block 8 showing 1400 sq. ft. house. I . C itv Engineer Commaeat s ; A. General Comments. Item 1. We Concurr and will comply. Item 2. We Concurr and will comply. Item 3. The seasonal High Ground water Test has been completed and the report is being prepared. Item 4. The pressure irrigation system will be maintained by the homeowners association. Item 5. There are NO Fema flood plains affecting the area being platted. Item 6. We trust that this transmittal will adequately respond to this request. • i ~ Page 2 6/15/96 SCC response to city comments, Tumblecreek Subdivision. B. Site Specific Comments. Item 1. We Concurr with staff. Item 2. Attatched please find copy of the Ada County Street Name Committee's final approval letter. This was previously submitted to Shari Stiles on April 8, 1996. An additional copy is provided for your records. Item 3. Plat has been amended to comply, see attatched final plat. Item 4. Attatched please find drawing of 1400 sq. ft. house, fitting within all the set backs as requested. Item 5. Map has been amended to comply, see attatched final plat. Item 6. Map has been amended to comply, see attatched final plat. Item 7. We Concurr with staff. Item 8. This will be provided upon recordation of the CP&F. Item 9. Map has been amended to comply, see ataatched final plat. Item 10. We believe this request creates a small conflict on the plan, however this is very easily resolvable. Stubble€ield and Johnson Engineering will meet w/ Public works dept. to resolve. Item 11. Map has been amended to comply, see attatched final plat. Item 12. This will be done prior to map recordation. Item 13. We concurr and will work with Gary Smith to structure an agreement for City Well site. II.Plannina and Zoning Admin„~.strator Comments: A. General Comments; Items 1 Through 6. We concurr and will comply. Item 7. Map has been amended to comply, see attttched final plat. Items 8 and 9. We concurr and will comply. B. Developer Agreement; We are in general agreement with the Developer Agreement as proposed by the city. We would ask to include 2 clarifications in the agreement. ~1 Exhibit B, Item #2 states: "Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines, and extend and construct sewer and water lines through to furthermost boundaries of the property, as approved by the Meridian City Engineer." J • Page 3. 6/15/96 SCC response to city comments, Tumblecreek Subdivision. We would request that the last 2 lines be clarified to read: "...construct sewer and water Lines through to the furthermost boundaries of each phase, as approved by the Meridian City Engineer." _~ Exhibit B, Item #10 states: "Deed to the city a 100'X100' iat for the placement and drilling of a city well by the city. As stated previously in staff comments Gary Smith has met with the applicant and hopes to come to an agreement for the purchase of a site near the SE corner of the overall preliminary plat. In addition to this Gary Smith has indicated that the city may be in need of a site that is larger than 100x100. We would propose that Exhibit B, Item #10 read: Deed neccessary property to the city for placement and drilling of a city well as negotiated between the city engineer and developer, II.Remainina Staff/Aaencv comments: As to the remainder of all other staff and agency comments, we are in agreement and we will comply with these comments. Sincerely, Attatchments; Exhibits A,B,C,D. cc: Gary Smith ec: Shari Stiles U SENT SUBDIVISION EVALUATION 8HEET Proposed Development Neme TUMBLE CREEK $UB „~~ City MERIDIAN ~, Date Reviewed 2116/9 Preliminary Stape . XxXXX Flnel Engineer/Developer Johnsen ;i,~r. / Stubblefield ... The Strsst Home comments listed below ero made by the members of the ADA COUNTY STREET NAME COMMITTEE sunder direction of the Ade County Engineer) regarding this development in eccordsncs with the Boise City Street Name-Ordinance. The following a~cisNne street names sh elf snneer en the at ae: ' "N. CI NDER RO AD" "W. U STICK RO AD" ~ "W. lO WRY ST ~ REET" ~ "W. pARKSTO NE ~;OUR T" "W. PARKSTONE STREET° " W. PE9BL E5TQNE STREET" "N. MAR 9LIRG AV ENUE" "~(, AST AIRE AV ENl1E" ~r °N.KUBI~LACE" `~ ~ (-Ai (L.F~,t~~Els~Lc~JI~~ •, "N. GLENNFIELh }~/AY"_. •~'"'~J -- ~ /~~ "W. WHITCSTONF~R1~(E" The fe llewine new street nn_rt~ Is over ten jy~ers in length and ~nnet tie aenr ,,jlvE~ unlsae Ade County Hlg,~p lgy,~j~j~„~j)j,verif , , v In wilting that the name will fit on ^_sian: "N_ BLL1E SPRI~~ AVENUE" "W. TUMBLE CREEK STREET" ,~._ "W. ANDREW GREEK C_TRERT" "N. CLEAR SPRINGS_~(YUE' ,~ "N. ROUaH STONE WAY° ~~,EX ANDER" I: simllsr t o AL ~ANDfL(] end cannot ba used. !'BRAN DON" ^ du~icatien and Bennet be used unless It Is In allgg~, "LEG ~Q" is similar to t `A GRANGE end ~erefors cannot be used. , "ELLE REx" ~s reserved far use In another subdiyjeion end rennet ba quad unless it ie in slinament_ "KNE E" is similar to REN E end tharaferg_cepnot be used. SLIC K ROCK" Is s{miler t o ST~C,K ROCK end therefore rennet be yid, Planning Assoc.-+ 208 888 1838 S U I ~1 °STONj" Cj~~j~",jE,y1. duplicati on and herafere c^nn ot b^ mod. Th^ fallo wing nropog^d ^tr^^t nemSs msv be reserve d far u^^ in tt~ d^v^lepm^n~ lsnv pf the n^ma^ th^t ^r^ ever ~,yyj~,ryltjn laneth rrw et have verlfic^don fro . m Ad^ County ~ipbyyS,x D ~iet that they wltl ftt on ^ian^. ^ c^cea ^r^ oount^d ^^ I^tt^r^Is , "SLUE 9 .,~ ROOK" „ "ROUGH WATER" "SMOOT BROOK" "ROUGH BROOK" °STUi3t3LE8TONE" The above serest nerve cvmmenta hsve been read and approved by the followln9 syency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be ascursd by she representative or his designee in order for the street names to oisily approved. ADA COUNTY STRt'E!' NAME COMM E, G C1r S ATIVES OR DESlGNI~ES Ad' County Engineer John Priester Da><s Z ~~ Ada Rlsnninp Assoc. Terri Rsyno Dats ~ City of Meridian Reprssentativ Data ~L~1~~i.~L..,_ Msrkllan Firs Dirttiot Represerrtative Dots ~ 2 ~ ~„~, NOTE: A ceps of thie evelustlon shoat must be pneented to the Ads County Cnpinser st the tirhe M signing the "iinN plat°, otherwise the plat will net tae ei9nad flit . _,..__,,,,, Sub index Street Index 3N. 1 W. OZ $ectivn NUMBERING OF LOTS AND BLOCKS • TDMBLECREEK SIIBDIVISION LOT 9 BLOCK 8 _~ , J ~~ ~ ~ ~ ~~- :~ cb~,° ° ~~ .~°~. ~~° ti O (JJ, (JJ ~ ~ (~ 0 N C5? C~ .. Og S g~ o~ z M ~~6 6L ~ ~~ ~ -r-- N ~ ~ N -0 NO 0 ~' N 0~ 0 ~ o 0 ~' 1 -~ ~~ PIIRSUANT TO STAFF REQIIEST, CITY ENGINEERS COMMENTS, ITEM #4 SITE SPECIFIC CO1~Il~II~iTS. LOT 9 OF BLOCK 8 SHOWS A SINGLE STORY HOIISE IN E%CESS OF 1400 SQ FT WITH A 2 CAR GARAGE THAT FITS WITHIN ALL THE SET BACKS. BY MAKING THIS A 2 STORY, WE CODLD EASILY E%CEED 2500 SQ FT. =-P ~- 0 ~, ~~ -~ ~`' --~