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HomeMy WebLinkAboutTurtle Creek Sub No. 1 FPSU~VISION EVALUATION ~EET RECEIVED Proposed Development Name TURTLE CREEK NO. 1 City Mean 9 1999 i y o Meridian Date Reviewed 05/13/99 Preliminary Stage XXXX Final City Clerk Office Engineer/Developer J U B Enqr / Steele & Son Ltd Land Co. The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat. "N. CINDER ROAD" "W. USTICK ROAD" "N. MONACO WAY" "W RASPBERRY DRIVE" is aligned to the east with "CLAIRE" and will appear on the plat as "W. CLAIRE DRIVE". "W LONESOME DOVE DRIVE" is over ten letters in length and is approved by A.C.H.D. and shall appear on the plat "W TURTLE CREEK DRIVE" is over ten letters in length and is approved by A.C.H.D. and shall appear on the plat The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENC / EPRESENTATIVES OR DESIGNEES /1 Ada County Engineer Ada Planning Assoc. City of Meridian Fire District Meridian John Priester Ann Hurley ~~ Representativ ~ Representative ^ %~ .~ Date ~ '% ~l ' Date S ~ ~ `~~ Date ' ~ ~"- ~~ ~ ate ~~ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! .- Sub Index Street Index 3N 1 W 02 Section P GE ONE OF TWOS; ~\_ NUMBERING OF LOTS AND BLOCKS ~%^~ ~ ~^~~ ." Gr -t~ TRISUBSISM CITY.FRM SU~VISION EVALUATION ~EET Proposed Development Name TURTLE CREEK N0.1 City Meridian Date Reviewed 05/13/99 Preliminary Stage XXX Final Engineer/Developer J.U.B. Engr. / Steele & Son 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. PAGE TWO OF TWO "N. SPRINGTIME WAY" is approved and shall appear on the plat. It will continue north of the approved "TURTLE CREEK" (the middle upper street). ~ `N. MONACO WAY" will also continue north of the approved "TURTLE CREEK" (the upper most west street in phase one.) "N. BLUE SPRINGS AVENUE" is approved and shall appear on the plat. This subdivision was last reviewed 02/08/96 and was completely reviewed for this evaluation. Over three years has passed since the last final plat was reviewed and the surrounding properties have changed. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES i / i; ~~ Ada County Engineer John Priester 2 ~.~ /'n :- ~ j - Date ~ Ada Planning Assoc. Ann Hurley Date ~ ~ ~ `~ City of Meridian Representativ ~ ~ Date ~"" /3 ~ % Fire District Meridian Representative ~, Date s " ~ 7` g NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed I!!! Sub Index Street Index 3N 1 W 02 Section NUMBERING OF LOTS AND BLOCKS TRISUBS\SM_CITY.FRM Meridian City Council ~ • May 5, 1998 Page 65 Rountree: I have two items Mr. Mayor. Corrie: Are you through Mr. Bentley? Bentley: Yeah, I'm through. Rountree: He's damn near ready to fall asleep for the record. Bentley: I love you all but it's past my bedtime. Rountree: It's my understanding and has been for some time but apparently it's official or going to be official soon that we're going to have to replace a P & Z individual, I guess I wanted to find out what the status of your list is for those kinds of folks and if not then maybe encourage another invite in the newspaper for potential candidates and I guess if any of us know people that might be interested it would be a good idea to have them come talk to the Mayor. Corrie: Yep, I'll be glad to talk to anybody that you've got in mind. I've been talking to Malcolm MacCoy and Jim, we've been having a lot of conversations here pretty fast, I know Jim wants to get out about June so - Rountree: My thoughts on those changes is if we do get somebody on and there is a change in terms of the chairmanship that maybe we ought to be looking at our planning meeting in May and if not May, June as a joint meeting with P & Z and (inaudible) because there are some issues that they've got that they'd like to get going on a new comp plan amendment which I think we're in need of and some other things that they can help us with so I think we need to get something going there. The other item I have is the Turtle Creek Subdivision, I had Steve Bradbury contacted me Thursday or Friday on the resale of the Turtle Creek Sub., for those who that don't know where that is it's right across the street from the new Tully Park on Linder. The history of that subdivision goes back to 1994 and it's been up and down and the City has granted it two extensions to meet its - to extend it's time limitations for filing plats and apparently the previous owner got in a situation financially to where he had to let it go. The property has sold to a Dr. Tidwell, he has formed a new group consisting of Leon & Bruce Blaser, they have a subdivision that is essentially complete, it's been through the final platting, it's had various final plat certifications, it's to the point where -the owners have signed it, Central Health has signed it, it needs to go to ACHD, I guess we need to finally sign off on it at some point and time but the deal is is their last extension is expired, they're asking -apparently they asked Gary and talked to Shari about what they can do, what would the Council's pleasure be as far as this subdivision goes -the other twist is that this is the sub that was going to participate in the bulk of the cost of the pump facility for Tully Park. They generally agree to all of that, I even threw out that well being's that we're Meridian City Council • May 5, 1998 Page 66 • improving our side of the road we might want them to improve their side of the road just to have it done around the park, they didn't seem to hesitate what they do want to know is what's the correct order here, do we send them back to P & Z and they start over with preliminary plat, can we pick it up from where it is and have a public hearing -Gary's going say please do - if that's staffs desire because of the principle's now involved and the status of that plat because it is so old I'm not opposed to that they just need to know. Bentley: Mr. Mayor, I don't have a problem with it continuing where it left off if staff doesn't have a problem with it, it would be nice to get it done and like Charlie says get that side done and get our pump house taken care of so we don't have to put out any more money. Smith: Mayor and Council, I think we had figured their share at around $50,000.00 on that pump station and that would heal up the budget on the park by a bunch and second thing is that that subdivision is partially constructed and they've excavated streets and they've dug some pipe lines, irrigation and I'm not so sure about water and sewer but anyway - Rountree: I don't think they've done anything below the sub ex for the roadways. Smith: They piped part of the Settlers ditch I know that and they've got -some of the contractors have got some pretty good sized leans against the property. Rountree: Apparently that's part of this is that they will be paid. Smith: Right, so there are people that are out money other than developers or the previous developer, contractors that is that have put money in there to make the improvements that have not been paid, that's one item the other would be the Tully Park pump station which they would jump in the middle of so - and I think if my memory serves me right at this time of the day and so forth, I'm not positive of this but I don't think that Shari had a real, any heartburn with letting this thing go forward even though the time schedules have not been met but I can't speak absolutely for her. Rountree: Would you want as a minimum them to present the plat as it is for re- review by the City on their dime before we authorize them to advance it to ACHD and then it come back through the other aspects of the approval process? Smith: From my standpoint as City Engineer, I don't. Rountree: You don't see any changes that are necessary? Smith: No sir. Corrie: They're pretty much the same then as far as - Meridian City Council ~ • May 5, 1998 Page 67 Smith: Yes sir, the plat was approved and the development plant were approved and they as Councilman Rountree said they had two intention I think, one was one more than they're supposed to get but it was granted and because of some of he comments that the developer made at the time, promises and so forth, but Rountree: Actually there was another six months extension in there which would have required the plat to have been recorded by March 20tH Corrie: I don't see any problems there with planning and zoning I just want to get (inaudible) but that doesn't seem to be a problem so - Rountree: So I suppose if we desired we could grant another six months extension. Corrie: You can do it. Rountree: It's not typical but we can grant extensions on these and have normally just for a year. Smith: Well the ordinance I think is specific as to how long the approval's are good for and if you exceed that I don't know for sure but I assume there's a mechanism that throws the thing back or something else happens or needs to happen according to the ordinance, that's Wayne's - I .just see it sitting there, I see people that have money in the ground that they can't get the money out, see that we've got $50,000.00 in there in the park's budget that apparently can be - we can grab hold of - Corrie: Can't we (inaudible) grant them another six months after we did the two? I'm asking - Crookston: That's totally up to the City Council. Corrie: It can be done by the City Council, the ordinance - Crookston: Our ordinance does not indicate that that can be done. Anderson: But it doesn't say it can't be done. Crookston: That's true and the City has done it before. Corrie: Well I would say if you want to do that, we could extend it six months and Rountree: Any other discussion? Meridian City Council • May 5, 1998 Page 68 Cowie: Do you have any further discussion on it? Bird: (Inaudible) Rountree: Leon and Bruce Blaser and Dr. Tidwell. Smith: Mayor and Council, I guess there's another aspect to this whether or not the Blaser's are involved and 1 can't say that -- Bruce and Leon did Haven Cove Subdivision, I can't sit here and say that we had any big problems with them really, I mean the subdivision was approved by planning and zoning the layout was approved by planning and zoning and City Council and it was and R-4 subdivision and it's not very imaginative but it serves the purpose and houses are built and it's a pretty decent subdivision so we didn't have to my knowledge, we didn't have any big problems with Bruce and Leon as developers, I think they've got some money behind them, I don't know who Dr. Tidwell is but the subdivision was laid out, this subdivision was laid out by JUB and again it went through the process, it's got streets that aren't straight as a string and they've got some curvature to them, it's a fairly attractive subdivision, it has some green space in it, it has a parkway on it's entrance, there was a lot of testimony by the adjoining subdivisions at the time it was approved concerning traffic and those things were kind of ironed out (believe -they weren't - Bird: No, I'm not saying that I just want to make sure that they've got the money behind them and these other people -we're not going to have a subdivision out there with a whole bunch of liens, or we're going to get halfway through it again and run out of money, I don't know how you solve that to be truthful but I have no problem with going an extension with them if the rest of the Council would want #o do that. Cowie: Any further discussion? Rountree: Gary did you get a sense from them that they could do this in short order? Smith: The only person that I've talked to on this project is Steve Bradbury and at the time I talked to him I didn't know who the developers were and all he said was that they were ready to -they wanted to go on it, he was representing a client that was wanting to do the project. Rountree: I don't have a great amount of grief with the extension if they can get it done. Bird: I don't either Charlie, I agree with you let's give it a shot. Meridian City Council May 5, 1998 Page 69 Rountree: I think if we have those developers take that piece of ground and re- plat it we won't have the (inaudible) in the one that's platted and they could very well do that. Smith: I think that was the point I was making (Inaudible) Rountree: I don't mind saying it on the record Gary. Corrie: I guess we have one more question over here. Berg: I have a question for Gary. Are we going to want that $50,000.00 cash then when it comes signing for that pumphouse to us? Smith: I think it's -1'm getting the plans - we had to make some modifications to the diversion structure in Five Mile drain for the Nampa-Meridian folks and they're making those changes now, JUB is, so that we can get it out the door for bid so I would say we would be in need of the funds in fairly short order. Berg: Is it a portion of the total cost? Smith: Yes. Berg: Okay so it's not -- $50,000.00 is just a ball park figure and then all the other bonding requirements as required by signing the plat before recording. Smith: Yeah, as I remember it Will it was around -the split was around 70/30 or something like that, 70% developer and 30% city on that pump station. Berg: Thanks. Corrie: Okay, I think we're all in agreement so if somebody wants to, since it's a park thing, let's - Rountree: Mr. Mayor, I move that we grant an extension for the approval of Turtle Creek Subdivision final plat with the condition that the developer provide to the city the appropriate percentage for the pump station to provide pressure irrigation system for the subdivision as well as Tully Park and that they include as part of their development the improvement of Linder to a full width in front of their subdivision. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird for the whole enchilada there so -any discussion? All in favor of the motion say aye. HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., Clty 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. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAI~O 83642 Phone (208) 8884433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAkYERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON ~~~~~((]~i ~hairman ~ Planning 8 Zoning AUG12~4 ~~~ ~~ ~ii7~~ 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: August 30,994 TRANSMITTAL DATE: 8/12/94 HEARING DATE: 9/6/94 REQUEST: Final Plat for Turtle Creek Subdivision No. 1 BY: Steele and Son Ltd~lnc LOCATION OF PROPERTY OR PROJECT: West of Linder Road, south of Ustick Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 _CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C 806 CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, 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(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: A Good Place to Live CITY OF MERIDIAN • ~ yN O N C ~~4 a f I W !~ O z o ~- 5A r,~ Z oYwlir~~ ~ S N ~ ^ c~p~ fQw~aO~ QW~Q~~ ~ aa~W U ~ ~ ' a ~ , ~~ . F a ~ _ F ~..M . ~ „ .. sr ~r~ as w .. °*~ . . ~• ., puww ~ r/~ ~ w w ~ ~\ , ~~+\( mu~rvw r I~ -y ~ ~ , ~ ~ , R ^ ! ~ .~- r 1 • • REG~UEST FGR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request fG'l 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 f ollowing 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 Cairns Annexation 1. Name of Annexation and Subdivision. Turtle Creek Subd. No. 1 2. General Location, West of Linder Road, South of Usti~k-Road 3. Owners of record. Vernon & Feirba Cairns & John L. and Anna Beth Ernest P.O. Box 23, Address, Meridian, ID . tip 83642Telephgne_ 888-7664 4. Applicant Steele & Son Ltd. Land CoAddress, 3350 Americana Terrace Boise, ID 5. Engineer, ~rY A. Lee, P.E./L.S. Firm J-U-B ENGINEERS, Inc. Address 250 S. Beechc~rood, Ste. 201 Zip 83709 Telephone 376-7330 6. Name and address to receive City billings: Name Steele & Son Ltd. 3350 Americana Terrace Land Co. Address Boise, ID 83706 Telephone 342-2638 PRELIMINARY PLAT CHECHLIST: Subdivision Features 1. Acres 22.70 ac. 2. Number of lots 73 3. Lots per acre 3.21 4. Density per acre 3.21 (gross) 5. Zoning Classif ication t s ) R-4 • • 5 6. If the praposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification ~ City - R-4 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 10. Are there proposed dedications of common areas? Yes Explain Landscaped entry and walkways For future parks? No Explain 11. What school t s ) service the area Meridian do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City X Water Supply Fire Department Sewer Explain sewer /water extensions 13. Type of Building (Residential, Commercial, Industrial or combination) Residential 1~. Type of Dwelling(s) Single Family, Duplexes. Multiplexes, other Single-family 15. Proposed Development features: a. Minimum square footage of lot (s) , 8-000 SF b. Minimum square f ootage of structure( s ) 1 ,400 SF c. Are garages provides for, YeS square footage 400 SF d. Are other coverings provided for No e. Landscaping has been provided for Yes , Describe in common areas/walkways Other X (2) r , F f. Trees will be provided for Yep Trees will be maintained Yes - by HOA g. Sprinkler systems are provided for Yes (pressurized irrig) h. Are there multiple units No Type remarks i. Are there special set back requirements No . Explain j. Has aff street parking been provided for Yes .Explain driveways and garages k. Value range of property $90,000 - $140,000 1. Type of financing for development ~~ ~- ~~ Conv. m. Protective covenants were submitted Yes .Date 07/22/94 16. Does the proposal land lock other property No Does it create Enclaves Yes STATEMENTS OF COMPLIANCE: 1. Streets, curbs. gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. ~. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. ~. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. t3) • HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G.BERG,JR.,CityClerk RONALD R. TOLSMA R I JANICE L. GASS, City Treasurer CI TY OF MERIDI AN ROBERT CORR E D. GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner 8 Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (20$) 887-4813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD 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: August 30~ 1994 TRANSMITTAL DATE: 8/12/94 HEARING DATE: 9/6/94 REQUEST: Final Plat for Turtle Creek Subdivision No. 1 BY: Steele and Son Ltd, Inc. LOCATION OF PROPERTY OR PROJECT: West of Linder Road, south of Ustick Road J{M JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 T{M HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C _MAX YERRINGTON, 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 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: i ~ ~~~u 6= J-U-B ENGINEERS, Inc. ENGINEERS•SURVEYORS•PLANNERS 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208/376-7330 FAX: 208/323-9336 July 22,1994 Ms. Shari Stiles Zoning Administrator City of Meridian 33 East Idaho Street Meridian, ID 83642 JUL26 1994 C!T'Y tit iri~itj~infl Dear Ms. Stiles: RE: TURTLE CREEK SUBDIVISION N0. 1 (Cairns Property) Jon Steele, Developer Enclosed for your review and processing are the necessary documents as established by the City of Meridian Ordinances for a Final Plat for the ..above subdivision. As stipulated by said ordinance, please find enclosed the following: 1. 30 copies of the Application for a Final Subdivision Plat. 2. 30 copies of the Final Plat, Sheet 1, 18"x27", at a scale of 1" = 100'. 3. 3 copies of the Final Plat signature page, Sheet 2, 18"x27". 4. 10 copies of a reduced copy of the Final Plat at a scale of 1" = 300' . 5. A check in the amount of $730.00 for the Final Plat application fee from the developer. 6. A copy of the CCR's and Articles of Incorporation for the proposed Homeowners Association.. Also, per City requirements, on behalf of the developer, Jon Steele; we wish to make a Statement of Compliance as follow: 1. Streets, curbs, gutters, and sidewalks will 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. The proposed use of this development is in conformance with the City of Meridian Comprehensive Plan. 3. This development will connect to City services. 4. This development will comply with City Ordinances. is ~~ r~ /_ ~~-u Engineers Surveyors Planners Ms. Shari Stiles July 22, 1994 Page 2 5. This Final Plat is in conformance with the approved Preliminary Plat. 6. The street names are as approved by the Ada County Street. Name Committee and will not conflict with the City of Meridian grid system. Please review the enclosed information and schedule for the next available City Council Meeting. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. C~ G~%G~ ary A. Lee, P.E./L.S. Project Manager GAL:ls cc: Jon Steele Wayne Crookston, w/CCR's Project No. 18701-06 L n Cy~ Z Q~ W 0 1 ~ a z z \ '- 0 0 ~ ~ < ' ~° r- Z ~ ~ O A `'~Z r-- ry 1 N~_ v~ U~~ a rn x~~ ~ ~ Q w a W ~ ,, ~-- p +~ ~ ~ U s W I~ ~F- E" ~' murvn ., ., ,..~,,..~.. U p • h N r ~ n ~. • rf~ ^ r '"''"~~ . .~,~""'~ s ~~ ~~ -~ s t ~ i ,~ _ - !~ a"~, F ~ - ~ . ! '~ -- g ~~ • • ~~~i~l'iI ~L J U l 2 6 1994 ARTICLES OF INCORPORATION CjTY (yt~ tvi~n,~:~~~~+ OF TURTLE CREEK HOMEOWNERS ASSOCIATION, INC. AN IDAHO NON-PROFIT CORPORATION KNOW ALL MEN BY THESE PRESENTS: That the undersigned, who is of legal age and a citizen of the United States of America, has this day formed a non-profit corporation (hereafter "Corporation"j under and pursuant to the laws of the State~of Idaho, including Idaho Code Sections 30-301, et. .seq. Pursuant thereto the undersigned certifies as follows: ARTICLE I NAME The name of this corporation is Turtle Creek Homeolrnera Association, Iaa. ARTICLE II NON-PROFIT The Corporation is a non-profit corporation. ARTICLE III DURATION This Corporation shall have perpetual existence. ARTICLE IV EXEMPT STATUS The Corporation has not been formed for pecuniary profit or financial gain, and no part of the assets, income or profits of the Corporation is or shall be distributable to, or inure to the benefit of the Directors or officers of the Corporation. No part of the activities of the Corporation shall be the carrying on of propaganda or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. ARTICLES OF INCORPORATION OF TURTLE CREEK HOMEOWNERS ASSOCIATION, INC. - 1. • Notwithstanding any other provision contained in these Articles of Incorporation, the Corporation shall not carry on any other activity not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(C)(3) of the Internal Revenue Code of 1954, as amended, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1954, as amended. ARTICLE V The Corporation is organized exclusively for the purpose of performing any and all acts which may be necessary or proper for, or incidental to, the ownership of and proper management and operation of the common areas of TURTLE CREEK SUBDIVISION. The Corporation may have and exercise all such powers as are by law conferred upon such corporations of like character, consistent with its purposes, and in carrying out its purposes the Corporation may do any and all things necessary thereto and may exercise any and all powers not prohibited by these Articles of Incorporation or Idaho Code Section 30-301, et seq., and not prohibited by or inconsistent with Section 501(c)(3) of the Internal Revenue Code for non-profit tax-exempt corporations. ARTICLE VI MEMBERSHIP AND VOTING-RIGHTS Every person who is a lot owner in TURTLE CREEK SUBDIVISION, according to the official plat thereof filed in the Records of Ada County, Idaho, shall be a member of this Corporation and shall be entitled to the voting rights set forth herein. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. This membership is appurtenant to, and inseparable from, ownership of a lot. Additionally, there are two classes of members in this Corporation who shall be entitled to the following voting rights: Class A: Class A members shall be all owners with the exception of the Declarant, and shall be entitled to one 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 vote be cast with respect to any lot. ARTICLES OF INCORPORATION OF TURTLE CREEK HOMEOWNERS ASSOCIATION, INC. - 2. • • Class B: The Class B member(s) shall be the Declarant (as defined in the Declaration of Protective Restrictions and Covenants), and shall be entitled to four (4) votes for each lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: i. When seventy-five percent (75$) of the lots are deeded to Class A members; or ii. On January 1, 2000. ARTICLE VII REGISTERED AGENT The Registered Agent of the Corporation is hereby designated as Jon M. Steele and the Registered Office of this Corporation is hereby designed as 3350 Americana Terrace, Suite 350, Boise, Idaho 83706. ARTICLE VIII BOARD OF I}IRECTORS The number of Directors constituting the initial Board of Directors of this Corporation shall be three (3). The following named persons are appointed as the initial Board of Directors: N. AME ADDRESS Jon M. Steele 3350 Americana Terrace, Suite 350 Boise, Idaho 83706 Donald E. Deitchler 3350 Americana Terrace, Suite 350 Boise, Idaho 83706 Dan Dixon 3350 Americana Terrace, Suite 350 Boise, Idaho 83706 ARTICLE IX DISTRIBUTION ON DISSOLUTION Upon the dissolution or other termination of this corporation, no part of the property of the Corporation or any of the proceeds shall be distributed to or inure to the benefit of any ARTICLES OF INCORPORATION OF TURTLE CREEK HOMEOWNERS ASSOCIATION, INC. - 3. • • of the directors or officers of the Corporation, but all such property and proceeds, subject to the discharge of the valid obligations of the Corporation, and to the applicable provisions of the Idaho Non-profit Corporation Act (Title 30, Chapter 3, Idaho Code) , shall be distributed only to a public body or such qualified non-profit organizations or exempt purposes under Section 501(c)(3) of the Internal Revenue Code as the Board of Directors by unanimous vote shall determine. ARTICLE X ASSESSMENT This Corporation shall be auth osese of this corporations upon its members to accomplish the purp The method and process of declaring those assessments and collecting those assessments shall be described in the Declaration of Protective Restrictions and Covasarecorded in~thee Records subdivisioa, Instrument No. of Ada county, Idaho, and as further prescribed by the Board of Directors. These assessments may be secured by a lien upon the real property owned by a lot owner (member) according to the procedures set forth in the Declaration of Protective Restrictions and Covenants of Turtle Creek Subdivision. ARTICLE XI A~'NDMENTS Amendments of these Articles shall require the approval of at least two-thirds (sixty-six and two-thirds percent [66 2/3$]) of the entire membership vote. In the event of annexation of additional properties to and/or a merger or consolidation with those properties described in the Declaration of Protective Restrictions and Covenants of Turtle Creek Subdivision, and/or a dissolution or amendment of these Articles of Incorporation, while there is Class B membership, HUD/VA shall first provide written approval of such event before its effectiveness, provided further that HUD and/or VA has provided mortgage insurance to any member. ARTICLE XII INCORPORATOR The name and address of the Incorporator of the Corporation is as follows: ARTICLES OF INCORPORATION OF TURTLE CREEK HOMEOWNERS ASSOCIATION, INC. - 4• • • a e d es Jon M. Steele 3350eAmIdahona83706ace, Suite 350 Bois , IN WITNESS WHEREOF, the undersigned has executed these 1994. Articles of Incorporation on the day of ~ Jon M. Steele STATE OF IDAHO ~ ss. County of ADA ) 1994, before me, the On this day of undersigned, a Notary Public in and for the State of. Idaho, personally appeared Jon M. Steele, known or identified to me to be the person whose na hat he a ecut d the same.ithin instrument and acknowledged to me t , WITNESS my hand and Official Seal. Notary Public for Idaho Residing at My Commission expires: ARTICLES OF INCORPORATION OF TURTLE 5. CREEK HOMEOWNERS ASSOCIATION, INC. - s ~ DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS OF TURTLE CREEK SUBDIVISION DATED: , 1994 RECORDED: INSTRUMENT NO. ARTICLE I / `' b The undersigned does hereby certify and declare that it is the owner of the property more particularly described on Exhibit A attached hereto and incorporated herein by reference. r These protective restrictions an covenants shall run with the land described herein and shall be binding upon the parties hereto and all successors in title interest to said real property, or of any part thereof, for a period of thirty (30) years from the recorded date of these covenants at which time said Protective Restrictions and Covenants shall be automatically extended for successive periods of ten (10) years unless the owners of legal title of not less than two-thirds (2/3) of the platted lots, by an instrument or instruments in writing duly signed and acknowledged by them, shall terminate or amend said Protective Restrictions and Covenants and such termination or amendment shall become effective upon filing of such instrument or instruments for record in the office of the Recorder of Ada County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the record of this Declaration in which the Protective Restrictions and Covenants are- set forth and all amendments hereof. A. Annexation of Phases. Declarant presently intends to develop Phases I through IV of the property. The annexed property (Phases II, III and IV), at the Declarant's sole discretion, may be used and developed for any purpose allowed under appropriate zoning regulations. Such other phases may be brought within the provisions of this Declaration by Declarant, it's successors or assigns, at any time and from time to time, without the approval of any owner, the Association or its Board of Directors. B. Additional Properties.. Subject to the provisions of Paragraph A above, all provisions contained in this Declaration shall apply to the annexed properties in the same manner as if they were originally covered by this Declaration, subject to such modification, changes and deletions as specifically provided in any Supplemental Declaration. C. procedure for Annexation. The additions authorized under Paragraph A above shall•be made by filing of record a Supplemental Declaration or other similar instrument with 1. • respect to the other properties, or portion thereof, which shall be executed by Declarant or the owner thereof and shall extend the general plan and scheme of this Declaration to such other properties subject to the changes, modifications, deletions and additions as are applicable to such other 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, or 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 of easements and equitable servitude 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 and the owners of lots in said other properties, or portion thereof, shall automatically become members of the Association. Such Supplemental Declaration may contain such additions, modifications or declarations of easements and equitable servitude 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 other properties, or portion thereof. D. ~poroval for Annexation. In addition to the foregoing procedures, as long as there- is Class B membership in this corporation, annexation must have HUD/VA approval. ~iRTICLE II AMENDMENTS A. By Grantor. Until the close of escrow for the sale of the first building lot in the Property, the provisions of the Declaration may be amended or terminated by Grantor by recordation of a written instrument setting forth such amendment or termination. For the purpose of this Declaration, the close of escrow shall be deemed to be the date on which a deed granting a building lot is recorded in the office of the Ada County Recorder. B. By Owners. Amendment of the Declaration of Protective Restrictions and Covenants requires at least two-thirds (2/3) vote of the lot owners. PROVIDED HOWEVER, such amendments provided for herein shall be first subject to the approval of Federal Housing Administration and/or the Veterans Administration as long as Class B membership exists. Any amendment must be recorded and the same shall become effective upon the filing of such instrument or 2. ~~ instruments in the office of the County Recorder of Ada County, Idaho. ARTICLE III PROPERTY USE RESTRICTIONS A. Buildinc Restrictions. All lots in said subdivision shall be known and described as residential lots and restricted to residential use as allowed by current applicable zoning regulations and no structure shall be erected upon any building site therein other than one detached single family dwelling with none of the dwellings erected to exceed two (2) stories in height. B. Tvoe of Building. All buildings shall be of frame, stone or brick and shall be maintained in a good state of repair and if other than brick or stone shall be finished and painted and such finish to be kept in good repair. All buildings shall be required to have some stone, brick or stucco on the front of the building. Architectural-asphalt shingles, equivalent to PABCO HO-25 CLASS A 9LIT or wood shingles or as approved by the Architectural Control Committee are required. The roof pitch for all buildings shall be six-twelve (6/12) pitch or greater. C. Minimum Build'*+~ Size. Any residential building erected upon /~~ 2 said property shall have a floor area required under provisions set by the Architectural Control Committee. In no event shall the required area be less than ~.*~9 square feet ~. Hof ground floor .area of a one-story house or 800 square feet ~ of first floor area in the case of a two-store house. No ~° split entry buildings are allowed. The minimum ground floor area shall be exclusive of garage, carport, patio, breezeway, storage room, porch and deck floor area. No buildings shall exceed thirty-two (32) feet in height unless approved by the Architectural Committee. All dwelling units must be constructed with a minimum two (2) car attached ga~rage. D. Building Location. No dwelling unit or other structure (exclusive of fences and similar structures) shall be placed nearer to the building lot lines than permitted by the plat for the property. The subdivision setbacks are as follows: Front: .Twenty (20) feet Sider (Interior lot line) ten (10) feet Side: (Corner lot line) twenty (20) feet. The Architectural Control Committee shall determine the point on the lot lines at which the setbacks are measured. ~~ yv0 3. ~~ In no a ent~any building to be located with setbacks in violation of City of Meridian zoning regulations in effect at the time of the recording of these documents. All foundations shall be of a height to assure and provide for proper slope and drainage from all lots. E. Prosecution of Construction Work. The construction of each dwelling and associated structures shall be prosecuted diligently and continuously from time of commencement thereof until such dwelling and associated structures are fully completed and painted. All structures shall be completed as rj 7 to external appearance, including finish painting, within three ( 3 ) months from the date of commencement of construction 3~rrvn~t~ unless prevented by causes beyond the control of the owner or.~.~'~P.n~ builder and only for such time as that cause continues. ~~~ F. Moving of Building OutbuildinQS. No outbuildings or structures shall be moved onto said real property or building site except a new fabricated structure of a type and design approved by the Architectural Control Committee. Further provided, that a new fabricated building or structure shall have a HUD-FHA structural engineering bulletin issued and in current existence. No trailer houses or mobile homes shall be parked in any street or within building setback lines. No mobile home, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently, nor shall any residence of a temporary character be permitted. G. Billboards - Signs. No sign of any kind shall be displayed to the public view on any residential building site except one professional 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. H. Mining and Drillinc Operations. No portion of the property or any lot shall be used for the purpose of mining, quarrying, drilling, boring or ~ exploring for or removing water, oil, gas, or other hydrocarbons, minerals, rocks, stones, gravel, earth, or steam. I. Excavation. Defacing of Landscape. No excavation for stone, sand, gravel, earth, or minerals shall be made upon a building site unless such excavation is necessary in connection with the erection of an approved structure thereon. J. Refuse Disposal - Material Storage. No lot shall be used as a dumping ground for rubbish or as a storage site for building or other materials, trash, garbage, ashes and other waste or refuse. Such materials shall be kept only in suitable 4. • sanitary containers and shall not be thrown, dumped or otherwise disposed of upon the real estate. All incinerators or other equipment for the storage or disposition of such material shall be kept in a clean and sanitary condition with such material being. periodically disposed of as required by appropriate local health authorities. K. Fences - Hedges. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevation between 3 and 8 feet above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at points 25 feet from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. No fence, wall, hedge, or shrub planting which obstructs view shall be placed nearer to the front lot line than twenty (20) feet nor to the street side yard of fifteen (15) feet, but in no case closer to street than building setback line. Fences shall be constructed of dog eared cedar pickets or other approved material. No fence shall be greater than six (6) feet in height above street level. Fences must comply with city ordinance. L. Landsca na. Within thirty (30) days after the completion of construction of the building on a building lot (unless such time is extended by the Architectural Committee for good cause) the Grantee of such lot shall install the landscaping. Landscaping must include the following: 1. Sod for front and side yards of corner lots 2. Sod for front yards of interior lots 3. All front yards to have at least two (2) approved trees having a diameter of at least two '(2) inches. A grantee shall maintain the landscaping on his building lot in a neat and attractive condition, including all necessary gardening to properly maintain and periodically replace when necessary the trees, plants, grass and other vegetation. M. Animals. 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. All dogs and cats or household pets kept on these premises shall be properly fed 5. • and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. No owner or owners of a building lot may keep more than two (2) domesticated pets on a building lot. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of the property line of any lot, or within five (5) feet of a setback line where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no event shall such structures be visible from a street. N. Sewage Disposal Svstems Water and Utilities. No individual sewage disposal systems shall be used and each Grantee shall hook on to the Meridian City Sewer System and pay all charges assessed therefor, including the monthly sewer charge to be paid after connecting to the Meridian City public sewer system, according to the ordinances and laws of Meridian City. Grantee shall submit to inspection by either the Department of Public Works or the Building Department whenever a subdivided lot is to be connected to the sewage system constructed and installed on and within its property. All lots shall use water provided by the Meridian Water Department. No lot shall have an individual water system. Such Grantee agrees at his sole expense to pay connection charges as established by applicable utility entity connecting thereto. The undersigned owner shall not be liable for the cost thereof but may recover funds advanced to utilities after installation. Each owner of a lot shall be responsible for maintaining, repairing and replacing the sewer services and/or public water connection lines which serve the owner's dwelling unit on the lot. Any utility easement which exists for the benefit of the owners of any lot within this development shall be accessible for repair/replacement of said utility line lying within the easement. .All utility services shall be underground, including without limitation, telephone, electricity, and cable television. O. Antennae. No television antennae, satellite .receivers or radio aerials shall be installed or allowed to remain on the property other than the interior of a unit. p. No Unscreened ven~ cles . tsoazs . ~aiur~ci ~ v a.aaca. • casivic.~ .++..~. Other Items. No unsightliness shall be permitted on any lot or common area. Without limiting the generality of the foregoing, all unsightly facilities, equipment or structures shall be enclosed within approved structures, or appropriately screened from view. Travel trailers, recreational vehicles (must be less than 26' long, 10' high and 8' wide) , .boats, tractors, snow removal equipment, golf carts, garden or 6. • maintenance equipment shall at all times, except when in actual use, be kept in an enclosed structure or screened from view. Refuse, garbage and trash shall be kept at all times in coffered, reasonably noiseless containers which shall be kept within an enclosed structure or appropriately screened from view. Service areas, storage piles, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view. No lumber, grass, shrubs, or tree clippings or scrap or refuse or trash shall be~kept, stored or allowed to accumulate on any lot or common area. Q. Liq)its. Sound - General. No light shall be emitted from any lot within the property or from common areas 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. R. ~onina Compliance. Each owner shall comply with all applicable zoning, fire and public health and safety codes and ordinances applicable to the owner's building lot. ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE A. Members of the Committee. The Architectural Committee, sometimes referred to as the "Committee," shall consist of three (3) members. The following persons are hereby designated as the initial members of the Committee: Jon M. Steele Dan Dixon John Holland. 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. B. R~'ght of Appointment and Removal. At any time Grantor is the owner of at least ten percent (10$) of the lots, Grantor shall have the right to appoint and remove all members of the Committee. Thereafter, the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to appoint and remove all members of the Committee. In the event of the death or resignation of a member of said Committee a representative will be appointed to fill the vacancy. The powers and duties of such Committee or of its designated representative shall close after all lots have been sold and the building(s) described in Article III 7. • have been completed. Thereafter, the approval described in this covenant shall not be required unless prior to said date and effective thereof a written instrument shall be executed by the then recorded owners of a majority of the lots in this subdivision and duly recorded appointing a representative or representatives who shall thereafter exercise the same powers previously exercised by said Committee. Neither the Committee nor any Member thereof nor its duly authorized Committee Representative shall be liable 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 unless due to the willful misconduct or bad faith of the Committee. No member of such Committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. C. Review of Proposed "Construction. No building shall be erected, placed or altered on any building lot in this subdivision until the building plans, specifications and the plat plans showing the location of such building shall have been approved as to location of the building with respect to topography, property lines and finish ground elevation by the Committee. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition on the basis inter alia of aesthetic consideration of color schemes, exterior finishes and materials and similar features and the overall benefit or detriment which would result to the immediate vicinity and the property generally and the other standards and requirements set forth herein. Exterior colors shall be neutral colors only. No green; blue, red, pink, yellow or purple colors shall be allowed on exterior walls. The Committee shall not be responsible for reviewing, nor shall its approval of any plan design be deemed approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. The Committee may act with a simple majority present to fulfill its duties and powers. The Committee shall have full power to approve or disapprove such designs or,location within thirty (30) days after such plans and specifications have been submitted. One non-returnable plan must be submitted to the committee and approval or rejection of such plan will be issued in writing. The Committee will charge a review fee, not to exceed $100. 8. ARTICLE V VACATIONS, RELOCATIONS, EASEMENTS The undersigned owners further reserve to themselves, their licensees, successors and assigns, the right and power to vacate and relocate or to plat new streets by instrument filed of record, as long as the undersigned owner owns each of the parcels which are adjacent to the street, both vacated and relocated, on the new and old right-of-way. Provided, nevertheless, vacation and relocation, easements, rights-of-way and streets allowed hereunder shall be made in accordance with the minimum standards of the State of Idaho, Ada County, and Meridian, Idaho, laws and ordinances and regulations thereunder in relation to platting in effect at the time of the construction of improvements. This provision shall not be deemed to include any provisions or statutes giving any Grantee hereunder the right to object to such variances, relocations, vacations and dedications and such rights of protest are transferred to the undersigned owners hereunder. Where any restrictions, easement or dedication herein vary from the requirements of the subdivision or other ordinances of the city or county having jurisdiction and the requirements of the city or county ordinances relative to subdivision are more restrictive, said more restrictive requirements shall be deemed .to be a part hereof as if set forth herein as part of these Restrictive Covenants. This limitation shall apply in particular to locations of public easements and ways where the same are particularly required by such ordinances but not set forth herein. ARTICLE VI VIOLATIONS OR ATTEMPT TO VIOLATE RESTRICTIONS Should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, any other person or persons owning any real property embraced in the said subdivision plat shall use these Protective Restrictions and Covenants either to prevent him or them from doing so or to recover damages sustained by reason of such violation. Any owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. ' In the event of judgment against any person for violation of this Declaration, the Court may award an injunction against any person 9. ourt deems q~e such compliance as t and court for such violation, re reasonable counsel necessary, award such dan-a9es- and such other or further costs as may be suffered or incurred, relief as may be deemed just and equitable. aragraph contained The invalidation of any provision, sentence or p ud ent or court in these Protective Restrictions and Covenants byofj the provisions, order shall in no way affect or invalidate any entences or paragraphs of said remain lin effectictions and s Covenants, but the same shall be an r suTTCT.F VII TURTLE CREEK SUBDIVISION le ME~ ~~~division DNS INC. Marketed as Turt A. V1MQ,+y.,,~; ~„ of Assoc ~,t~on• The Turtle , Creeorganmzed eby Inc. (Association) shall be Association, oration under the provisions of the Declarant as an Idaho Corp neral non-profit corporations and Idaho Code relating to g owees shall be charged with the duties and invested wi By la s and prescribed by law and set forth in the Articles, haws shall, this Declaration. Neither the Articles nor ted or interpreted for any reason, be amended or otherwise Chang so as to be inconsistent with the Declaration. Each owner (including Grantees and Declarant) of B• '~--ewers iD. such an owner and for so long as a lot, by virtue of being shall be a Member_of the such ownership is maintained, Association, and no owner shall haereinaftera seta forth swlth in the Association, except as h respect to voting. Memberships in the Association shall not be assignable, except to the suc~e s Assoc ton s shall be owner, and all memberships in appurtenant to the lot owned by such owner. The memberships pledged or in the Association xcel t upon the transfer of title to sa~i1d alienated in any waY P lot and then only to the transferee of trannsfer shallobe voi attempt to make a prohibited membership and will not be reflected on the books of the Association. The Association will have two (2) classes of voting C. Vot'n . memberships. with the 1. C ass .. Class A members shall be the owners, exception of the Declarant, and shall be entitled terson (1) vote for each lot owner. When more ersonsnshall be holds an interest in any lot, all such p members. The vote for sucehene shall more than one (1) they determine, but in no lot. vote be cast with respect to any 10. 2. Class B. The Class B Upon the first sale of a thereupon be entitled t member shall be the Declarant. lot to an owner, declarant shall o four (4) votes for each lot of which declarant is the owner. The Class B membership shall cease and be converted to Class A membership when seventy-five percent (75$) of the lots are deeded to homeowners or on January 1, 2000, whichever event should first occur. D. Board of Directors. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles and by-Laws, as the same may be amended from time to time. The initial Board of Directors of the Association shall be appointed by the incorporators or their successors and shall hold office until the first annual 'meeting, at which time a new Board of Directors shall be elected in accordance with the provisions set forth in the By-Laws. E. Power and Duties of the Association. 1. we s. The Association shall have all the powers of a non-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 By-Laws 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 incident to, the proper management and operation of the common areas and the performance of the other responsibilities herein assigned, including, without limitation: a. 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 Declaration. b. Might of Enforcement. The power and authority from time to time in its own name, on its own behalf or in behalf of any owner or owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this declaration or 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. 11. c. 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 or the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. d. Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules and regulations as the association deems reasonable (the Association rules). The Association rules shall govern the use of the common areas by the owners, families of an owner, or by an invitee, licensee, lessee, or contract purchaser of an owner; provided, however, 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 were a part of this Declaration. ~In the event of any conflict between any such Association rules and other provisions of this Declaration, or the Articles or By-Laws, the provisions of the Association rules shall be superseded by the provisions of this Declaration, the Articles or the by-Laws to the extent of any such inconsistency. e. Emergency Powers. The Association or any person authorized by the Association. may enter upon any lot in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which 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. f. 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 of the health, safety, convenience, and welfare of the owners, for the purpose of constructing, erecting, operating, or maintaining: 12. • • i. Underground lines, cables, wires, conduits and other devices for the transmission of electricity for lighting, heating, power, telephone and other purposes; ii. Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and qa~ lines or pipes; and iii. Any similar public or quasi-public improve- ments or facilities. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association. g. Duties of the Association. In addition to the power delegated to it by the Articles, without limiting the generality thereof, the Association or its agent, 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: i. 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 all other property acquired by the Association.. ii. 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 disposition of any property to satisfy the payment of such taxes. In addition, the Association shall pay all other taxes, federal, state or~ local, including income or corporate taxes, levied against the Association in the event that the Association is denied the status of a tax exempt corporation. 13. • • iii. 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• other property owned or managed by it. iv. Insurance. Obtain, from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies of insurance: A. 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 other 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 person and five hundred thousand dollars ($500,00.0), per occurrence with respect to personal injury or death, and property damage. B. 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 other person charged with the management or possession of any Association funds or other property. C. The Association shall be deemed trustee of the interest 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. D. Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the 14. • • annual assessments levied• by the Association. B. Notwithstanding any other provisions herein, -the Association shall contin- uously maintain in effect such casualty, flood and liability insurance and fidelity bond requirements of PUD projects established by the U. S. Department of Housing and Urban Development. v. mule Making. Make, establish, promulgate, amend and repeal the Association rules. vi. Arch; ectural Co m~ttee. Appoint and remove members of the committee, all subject to the provisions of this Declaration. vii. Drainage Systems. Operate, maintain, repair and replace the landscaped berm, including the sprinkler system installed thereon. viii. ~2iaht-of-Way Maintenance. Maintain,. repair and replace the landscaped berm, including the sprinkler system installed thereon, and the fence located on the public right-of-way which lies along the boundary of the Property. ix. ~rriaation Maintenance. Maintain, repair, and replace all- irrigation lines or channels located in or serving the common area, and to pay all maintenance and construction fees of the irrigation district with respect to the property, which amounts shall be assessed against each lot as provided herein. F. Persona Liabil'ty. No member of the Board or any committee of the Association, or any officer of the Association, or the Declarant, 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 committee, or any other committee, or any officer of. the Association, or the Declarant, 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. 15. • ARTICLE VIII COVENANT FOR MAINTENANCE ASSESSMENTS A. ~++watiOn Of the Lien anQ Yersynal ~~nss~a~-svaa vL ~+~o~~-~-»------ The set-up fee, annual, special and limited assessments, together with interest as allowed by the By-Laws or Idaho law, whichever is greater, 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 attorneys' fees incurred in a collection effort, whether or not suit has been filed, 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 assessment shall' not pass to his successors in title unless expressly assumed by them. For each lot owned within the Properties, each owner (subject to the provision in paragraph G of this Article VIII) 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 to the Association: 1. Set-up fee to be collected at close of sale in the amount of one hundred dollars ($100); 2. Annual regular assessments or charges; 3. Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided; 4. Limited assessments as hereinafter provided. B. Purpose of Assessments. The regular assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the properties and for the improvement and maintenance of the common area, and to pay the annual assessments of the irrigation district and other financial obligations. C. $Qecial Assessments for Capital Improvements. 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, the cost of 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 have the assent of two-thirds (2/3) of the qualified voters, either 16. • • in person or by proxy at a meeting duly called for this purpose. D• limited Assessments. The limited assessments may be lived 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, including, 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 an 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. E. Maximum Annual Assessment. Until January i of the year immediately following the conveyance of the first lot to an owner, the maximum annual regular assessment shall be one hundred dollars ($100) per lot, to be billed and paid annually. 1. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased each year not more than ten percent (10$) above the maximum assessment for the previous year without a vote of the. membership of the Association as provided below. 2. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above ten percent (10$) by a vote of three-fourths (3/4) of the owners who are voting in person or by proxy, at a meeting duly called for this purpose. 3. The Board of Directors may fix the annual assessment at an amount not. in excess of the maximum. F. Article. Written notice of any meeting called for the purpose of taking any action authorized under this Article shall be sent to all members not less than thirty (30) days nor. more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast fifty-one percent (51$) of the votes 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. 17 . ~ i~ s~1 ~- • • G• Uniform Rte of AS~pQ~TMO„t• Both annual 'and special assessments must be fixed at a uniform rate for all lots and may be collected on a semi-annual basis; provided, however, that duri~ig the time there is a Class B member, such Class B member's obligation shall be limited to the difference between the amount of regular and special assessments levied against all lots not owned by Declarant and the amount of the Association's actual expenses rather than those sums otherwise due by Class A members. H• Date of Co encem-*+t of Annua Assessments a The annual regular assessments provided for herein shall commence as to all lots on September 1, 1994. 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 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. I• Effect of Nontiaymen o Assessments Remedies o the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eight percent (8~) per annum. The Association may bring an action at law against the owner personally obligated to pay the same or foreclose 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. J. 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 became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. K. Effect of Nonnavment as Against Mortaaaee~, No mortgagee shall be required to collect an assessment, and the failure of a lot owner to pay assessments shall not by itself cause a default under an insured (HUD/VA) mortgage. 18. AmRTTf T.F VIII IDENTIFICATION AND USE OF COMMON AREA 8.1 Common Arm. The common area granted to the Turtle Creek Homeowners Association, Inc., an Idaho. Corporation (marketed as Turtle Creek Subdivision) , for Phase I, is described as set forth on Exhibit B attached hereto and incorporated herein by reference. This commonairlealiensl and o titled encumbrancesat(othere than clear of easements, taxes, and common restrictions). 8.2 se. Every lot owner, shall be entitled to a right and easement of enjoyment to the common area uatn na t tctlthe of common areas shall be considered app owner's title. 8.3 Mortaaae of Common oneawithout the consents ofo at leastgtwoa or conveyed to any thirds of the lot owners (excluding the Declarant). 8.4 Liability to Lot Owners. No individual lot owner shall have liability for damage to the common area or liability for . injury to another arising out of someone's use of the common area, merely by virtue of being a lot owner. IN WITNESS ~~estrictions dandl Covena~sr ona thexecuteday~of Declaration of R 1994. STEELS AND SONS LAND LIMITED LIABILITY COMPANY, By Jon M. Steele It's Managing Member 19. STATE OF IDAHO j ss. County of ADA On this day of , 1994, before me, the undersigned, a Notary Public in and for the State of Idaho, person- ally appeared Jon M. Steele, known or identified to me to be the Managing Member of Steele and Sons Land Limited Liability Company, the limited liability company that. executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. WITNESS my hand and Official Seal. Notary Public for Idaho Residing at My Commission expires: 20. • STEELE & SONS LTD. LAND COMPANY 3350 Americana Terrace, Suite 350 Boise, ID 83706 208.342-2638 -Telephone 208.344-9180 -Fax September 15, 1994 Ms. Shari Stiles, Zoning Administrator City of Meridian 33 East Idaho Meridian, Idaho 83648 Dear Shari: Thank you for meeting with Gary and I. I understand that we have resolved your concerns with the final plat of Turtle Creek Phase 1. I would appreciate it if you would prepare a Development Agreement for my signature. As we discussed, I would like to participate in the development of Tully Park. Please include within the Development Agreement the following: Steele and Sons Ltd. Land Company agrees to design and install a pumping facility of sufficient size to serve the Turtle Creek subdivision and Tully Park (a park of 15 acres). The City of Meridian owns sufficient water rights to serve Tully Park. The pumping facility will be located on Five Mile Creek near Linder Road on City owned property, which the City will be required to convey to the Nampa- Meridian Irrigation District. It is anticipated that the pumping facility will occupy no more than 900 square feet. The pumping facility includes the necessary design engineering for the pump and electrical requirements and the installation of the pump and electrical equipment. The City of Meridian will grant to Steele and Sons Ltd. Land Company an irrigation easement allowing access between the pumping facility and Turtle Creek. The pump facility and property on which it is located will be owned and maintained by the Nampa-Meridian Irrigation District. I have also enclosed the revised Covenants for Turtle Creek. Your cooperation is greatly appreciated. Very ly yours Ton .Steele, Managing Member cc: Gary Lee, 7UB Engineers • t; ~ ~J J tJ ':j I ... .. • • V _ ~.~; d ~~. ~~ . DEVELOPMENT AGREEMENT HIS AGREEMENT, made and entered into this ` ~3- ~ ~_ ~•} _ ~~ day ~ •of ~ i C~h~~ ., 1994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CIT'i"`~, -and~~SteeIe & Son~.;~; ~;- Ltd. Land Companx, party of the second part, hereinafter called the "DEVELOPER", whose address is 3350 Americana Terrace Suite 350,~Boise, Idaho 83706. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, 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 RR=4 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 aclrnowledges that this agreement was entered into voluntarily and at its urging and request; and 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 TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 1 WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 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 at least 1,400 square feet of floor space, exclusive of garages. 3. That the property zoned RR=4, described in "Exhibit A", shall have lot sizes of at least eight thousand ($,.QQQ) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the RR=4 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 barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the 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. DEVELOPER shall TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 2 i • also install telephone, electrical power, gas lines, and television as required for the development. 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 and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized imgation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 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 TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 3 • • 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 fmding 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 fmding. 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 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. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 4 • • installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of OccupancX will be issued until all improvements are completed, unless the CITY and the DEVELOPER have TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 5 • entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occ~pancX shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. 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 that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Steele & Sons Ltd. Land Company City of Meridian 3350 Americana Terrace Suite 350 33 East Idaho Boise ID 83706 Meridian, ID 83642 Jon M. Steele 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. 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. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. 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. TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 6 U DATED the date, month and year first appearing. DEVELOPER: Steele & Sons Ltd. Land Company sy ~ Jon M. Steele Managing Member CITY OF MERIDIAN Grant .Kingsford, Ma or i William G. Berg, Jr., City ler TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) County of Ada ss. • On this 3~ st day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Jon M. Steele, known, or proved to me, to be the Managing Member of Steele & Sons Ltd. Land Company, the company that executed this instrument on behalf of said company, and acknowledged to me that such company 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. ,,:;,,, =~ ~ ~ ;; ~ . -t ~ Notary Public for Idaho ,A~ AA - - ~ Residing at: ~.p . Q~~xl~' ~~~ ~~•. (~F~L,) t., ~ My Commission Expires: ~~.i/ 6,1 /99S ~. ,. STATE OF IDAHO ) County of Ada ss. On this ~ day of ~Pe e~ 6 e ~ , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD 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. e,,=e®eescaeeas~~ ~~~•~~G E L . ~~~<~~ ,~ ,>>, ,vsw (SEAL) - `~ - Y ;i ..~~~, oG =~ d <~ ~~ 4^. ~ ~ `9,,\ ~~^~iaaeeNe o Public for Idaho Residing at: -- ~ ~'Q w ~+Iy Commission Expires: 0 8' o a TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 8 • EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND STEELE & SONS LTD. LAND COMPANY This subdivision is for ~ single-family dwelling units with an overall density of ~ 2 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; the Jackson Stub Drain shall be filled and abandoned after appropriate approvals are received. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 3. Construct streets to and within the property to City of Meridian and Ada County Highway District Standards. 4. Dedicate the necessary land from the centerline of Linder Road for public right-of--way, including that necessary for a bike path. 5. Pay any development fee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Provide atwenty-foot (20') landscaped berm along Linder Road to be maintained by the Homeowners Association. This landscaped berm shall be beyond the easement needed for public right-of--way which includes a bike lane and be served by an underground sprinkler system to ensure healthy, vigorous plantings. 8. Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals from appropriate irrigation district/canal company and downstream water users must be submitted to the City. 9. Provide perimeter fencing along the eastern, southern and northern boundaries prior to house construction; in the case of phased construction, temporary fencing on the western boundary shall be installed at the City's request to prevent debris from migrating to other properties. 10. Provide five-foot (5') sidewalks throughout the subdivision and along Linder Road. EXHIBIT "B" TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 2 11. Design, furnish and install a pumping facility in Tully Park to serve Tully Park and the Turtle Creek Subdivision in accordance with terms agreed to by the City Engineer. 12. Provide a minimum of two (2) access roads to the north at locations agreed upon by City staff. EXHIBIT "B" TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 2 ~~-u, Engineers Surveyors Yl:uuu•rs Project: 18701 Date: March 1, 1994 DESCRIPTION FOR CAIRNS PROPERTY ANNEXATION CITY OF MERIDIAN A PORTION OF THE S ~ OF THE NE 1/, OF SECTION 2, T.3N., 4.1W., B.M., ADA COUNTY, IDAHO A parcel of land being a portion of the S 1/2 of the NE 1/4 of Section 2, T.3N., R.iW., B.M., Ada County, Idaho, more particularly described as follows: Beginning at an iron pin marking the East 1/4 corner of said Section 2, also being on the center line of North Linder Road. thence North 00°00'32" West 460.13 feet along the Easterly boundary of said Section 2 to a.point on the centerline of said North Linder Road. thence departing from the Easterly boundary of said Section 2 North 89°12'32" West 40.00 feet to an iron pin marking the REAL POINT OF BEGINNING; thence continuing North 89°12'32" West 458.40 feet to an iron pin; thence South 00°00'32" East 460.13 feet parallel to the Easterly boundary of said Section 2 to an iron pin on the Southerly boundary of the NE 1/4 of said Section 2, also being on the Northerly boundary of Glennfield Manor as filed for record in the office of the Ada County Recorder, Boise, Idaho, in book 45 of plats at page 3676; thence North 89°12'32" West 2157.64 feet along the Southerly ~ n boundary of said NE 1/4 of Section 2, also along the Northerly boundaries V of said Glennfield Manor, Glennfield Manor No. 8 as filled for record in the office of the. Ada County Recorders, Boise, Idaho, in book 59 of plats at page 5745, and Glennfield Manor No. 9 as filed for record in the office of the Ada County Recorder, Boise, Idaho, in book 59 of plats at page 5844 to a Brass Cap marking the center 1/4 corner of said Section 2, also being the NW corner of said Glennfield Manor No. 9 and the NE corner of Sunnybrook Farm No. 3 as filed for record in the office of the Ada County Recorder, Boise, Idaho, in book 63 of .plats at page 6315; thence departing the Southerly boundary of said NE 1/4 of Section 2 North 00°15'25" East 1329.17 feet along the Westerly boundary of said NE 1/4 of Section 2 to an iron pin marking the NW corner of the S 1/2 of said NE 1/4 of Section 2; thence departing the Westerly boundary of said NE 1/4 of Section 2 South 89°17'36" East 2649.83 feet along the Northerly boundary of said S 1/2 of the NE 1/4 of Section 2 to an iron pin marking the NE corner of said S 1/2 of the NE 1/4 of Section 2 also being on the center line of said North Linder Road; thence departing from t}~e Northerly boundary of said S 1/2 of the NE 1/4 of Section 2 South 00°00'32" East 873.03 feet along the Easterly boundary of said Section 2 and the center line of said North Linder Road to a point; ,_ ~. ~~-uJ Engineers Surveyors Planners s Project: 18701 Date: March 1, 1994 Page 2 thence Nort11 89°1l'32" West 40.00 feet to the REAL POINT OF BEGINNING, comprising '15.80 acres, more or less: SUBJECT T0: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: J-U-B E*y; T*'~',rr.LRS , Inc . ~G` C ~' ~~ ~~~ 7~0 fib/ c',~RY A y~`~D ® GAL/mep Gary A. Lee, P.E./L.S. 1 • , , -- • DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this ~ (~ day of c~ ~ 1994, 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 Steele & Sons Ltd. Land CompanX, party of the second part, hereinafter called the "DEVELOPER", whose address is 3350 Americana Terrace. Suite 350, Boise. Idaho 83706. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, 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 t~-4 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 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 TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 1 s ~~ 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: 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 at least 1,400 square feet of floor space, exclusive of garages. 3. That the property zoned RR=4, described in "Exhibit A", shall have lot sizes of at least eight thousand ($}QQQ) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the RR=4 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 barricades, and other- such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the 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. DEVELOPER shall TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 2 '' ~ ~ also install telephone, electrical power, gas lines, and television as required for the development. 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 Imes, 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 and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 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 TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 3 • 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 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. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided. further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 4 installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the fmancing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a Late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occu~ancX will be issued until all improvements are completed, unless the CITY and the DEVELOPER have TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 5 • entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of OccupancX shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. 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 that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this .Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Steele & Sons Ltd. Land ComRany City of Meridian 3350 Americana Terrace, Suite 350 33 East Idaho Boise~ID 83706 Meridian, ID 83642 Jon M. Steele 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. 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. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. 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. TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 6 • DATED the date, month and year first appearing. DEVELOPER: Steele & Sons Ltd. Land Comfy Y Jon M. Steele Managing Member CITY OF MERIDIAN O~ ~ ~ ~ ~: ~~~V ~ ~ f~G ~ +P ~ ~ ~ ~ Grant P. Kingsford, Ma r ~,'~° `~ ~°?;. ~~~ William G. Berg, Jr., Ci Cle w._ ~ ~ .~ , TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) County of Ada ss. r On this 313 day of ~c~o ~ er , 1994, before me, the undersigned, a Notary Fublic in and for said State, personally appeared Jon M. Steele, known, or proved to me, to be the Managing Member of Steele & Sons Ltd. Land Company, the company that executed this instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) ss. County of Ada ) Notary Public for Idaho Residing at: ~ o~J , a~ ~~ My Commission Expires:~~C/ ~~ /99S On this (o day of ~ee e,~ b e ~ , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD 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 off cial seal, the day and year in this certificate first above written. ~ ~a~asesser---~~ ~~~~•~G E L . ~''•~. ~ t1 ~o ''~~'-i. • ~ ~ P ~ Q •A ~ ~ ~ P9 ~I, e ~~~gTAPy d (SEAL) p ~~' ' ~ •: 4 ~ ~' t'~ .~,``~' ~,4 !,~ tom' ,, Public for Idaho ing at: B i~ Commission Expires: ~ 8 a TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 8 • EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND STEELE & SONS LTD. LAND COMPANY This subdivision is for 24~ single-family dwelling units with an overall density of ~2 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; the Jackson Stub Drain shall be filled and abandoned after appropriate approvals are received. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 3. Construct streets to and within the property to City of Meridian and Ada County Highway District Standards. 4. Dedicate the necessary land from the centerline of Linder Road for public right-of--way, including that necessary for a bike path. 5. Pay any development fee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Provide atwenty-foot (20') landscaped berm along Linder Road to be maintained by the Homeowners Association. This landscaped berm shall be beyond the easement needed for public right-of--way which includes a bike lane and be served by an underground sprinkler system to ensure healthy, vigorous plantings. 8. Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals from appropriate irrigation district/canal company and downstream water users must be submitted to the City. 9. Provide perimeter fencing along the eastern, southern and northern boundaries prior to house construction; in the case of phased construction, temporary fencing on the western boundary shall be installed at the City's request to prevent debris from migrating to other properties. 10. Provide five-foot (5') sidewalks throughout the subdivision and along Linder Road. EXHIBIT "B" TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 2 11. Design, furnish and install a pumping facility in Tully Park to serve Tully Park and the Turtle Creek Subdivision in accordance with terms agreed to by the City Engineer. 12. Provide a minimum of two (2) access roads to the north at locations agreed upon by City staff. EXHIBIT "B" TURTLE CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 2 ~",j. aJ. E3 ~ • Engineers Surveyors Planners Project: 18701 Date: March 1, 1994 DESCRIPTION FOR C_~IRNS PROPERTY ANNEXATION CITY OF MERIDIAN A PORTION OF THE S 'f~ OF THE NE '/. OF SECTION 2 , T.3N., 4.1W., B.M., ADA COUNTY, IDAHO A parcel of land being a portion of the S 1/2 of the NE 1!4 of Section 2, T.3N., R.1W., B.M., Ada County, Idaho, more particularly described as follows: Beginning at an iron pin marking the East 1/4 corner of said Section 2, also being on the center line of North Linder Road. thence North 00°00'32" West 460.13 feet along the Easterly boundary of said Section 2 to a,point on the centerline of said North Linder Road. O thence departing from the Easterly boundary of said Secticn 2 North O 89°12'32" West 40.00 feet to an iron pin marking the REAL POINT OF BEGINNING; thence continuing North 89°12'32" West 458.40 feet to an iron pin; thence South 00°00'32" East 460.13 feet parallel to the Easterly n boundary of said Section 2 to an iron pin on the Southerly boundary of ~' the NE 1/4 of said Section 2, also being on the Northerly boundary of Glennfield Manor as filed for record in the office of the Ada County Recorder, Boise, Idaho, in book 45 of plats at page 3675; thence North 89°12'32" West 2157.64 feet along the Southerly ~ n boundary of said NE 1/4 of Section 2, also along the Northerly boundaries V of said Glennfield Manor, Gle.*uifield Manor No. 8 as filled for record in the office of the Ada County Recorders, Boise, Idaho, in book S9 of plats at page 5745, and Glennfield Manor No. 9 as filed for record in the office of the Ada County Recorder, Boise, Idaho, in book 59 of plats at page 5844 to a Brass Cap marking the center 1/4 corner of sa`_3 Section 2, also being the NW corner of said Glennfield Manor Nc. 9 a..^.d the NE corner of Sunnybrook Farm No. 3 as filed for record in t::e office of the Ada County Recorder, Boise, Idaho, in book 63 of plats at page 6315; thence departing the Southerly boundary of said NE 1/4 of Section 2 North 00°15'2S" East 1329.17 feet along the Westerly boundary of said NE 1/4 of Section 2 to an iron pir. marking the NW corner of the S 1/2 of said NE 1/4 of Section 2; thence departing the Westerly boundary of said NE 1/4 of Section 2 South 89°17'36" East 2649.83 feet along the Northerly boundary of said S 1/2 of the NE 1/4 of Section 2 to an iron pin marking the NE cerner of said S 1/2 of the NE 1/4 of Section 2 also being on the center line of said North Linder Road; thence departing from the Northerly boundary of said S 1/2 of the NE 1/4 of Section 2 South 00°00'32" East 873.03 feet along the Easterly boundary of said Secticn 2 a:.d the center line of said North Li :der Road tc a point; ` ~ ~ ~-.~ u s Project: 18701 Engineers Surveyors Planners Date: March 1, 1994 Page 2 thence North 89°12'32" West 40.00 feet to the REAL POINT OF BEGINNING, comprising 75.80 acres, more or less: SUBJECT T0: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. n GAL/mep ~' D Prepared by: J-U-B ETT Inc. Gary A, Lee, P.E./L.S. ~I~'~f~'I'~i;~'~ '~ CENTRAL •• DISTRICT QC~ Q ~ 1997 HEALTH ~~~~ ~ IkR'IDrA~ DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0625 • (208) 3155211 • FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 97-658 October 1, 1997 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Turtle, Creek Sbudivision #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 October 1, 1997 No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, %~~ Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Environmental Health .Director Martin O. Jones, Environmental Health Supervisor HUD City of Meridian J.U.B. Engineers Steele & Sons Land Co. Serving Valley, Elmore, Boise, and Ada Counties Ada ! Flolse County O(flce Ada-WIC Salelllte Office Elmore County Office Valley County Office 707 N. Armsrong FM. 1606 Roberts 520 E. 8th Street N. 703 N. 1st Street Boise, ID 83704 Boise, ID 83705 Mountain Home, ID 83647 P.O. Box 1448 Enviro. Health: 327-7499 Ph. 334-3355 Enviro. Health: 587-3521 McCall, ID. 83638 Family Planning: 327-7400 FAX: 334-3355 Family Health: 587-4407 Ph, 634-7194 Immunizations: 327-7450 WIC: 587-4409 FAX: 634-2174 Senior Nutrition: 327-7460 FAX: 587-3521 WIC: 327-7488 FAX: 327-8500 • STEELE 4619 Emerald, Suite 342-2638 - & SONS LIMITED LAND COMPANY, L.C. F, P. O. Box 9412, Boise, ID 83707-3412(208) -- Telephone * (208) 344-9180 --- FAX RECF.IVF.n BUG 2 9 1997 August 28, 1997 Wayne Crookstron Meridian City Attorney 33 East Idaho Avenue Meridian, Idaho 83642 Dear Wayne: (~ OF ~[ERA}~,Ald 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 ' Meridian City Council September 2, 1997 ` Page 46 ITEM #20: REQUEST EXTENSION OF TURTLE CREEK SUBDIVISION PRELIMINARY PLAT, TURTLE CREEK NO. 1 FINAL PLAT, TURTLE CREEK NO. 2 FINAL PLAT: Corrie: Shari, you (inaudible). Stiles: Mr. Mayor and Council this is just a letter from .Gary Lee that should be in your packet. We have gone far. beyond any .extension time that was approved. They would have had to have their plat recorded by September 20 of this year which was what the variance was granted to: I really didn't know how to proceed, are they asking for a variance on their variance. It has been a long time and apparently they are ready to begin doing something out there now. There have also been some other issues that have come up as a result of looking back at the proposal and Mr. Steele is here tonight, he may be able to answer any questions you may have. Staff doesn't like these extensions. We don't have any objection to the project but it greatly increases our work load when we are having to go back three years to see what the conditions were and how policies may have changed. I guess we are. looking for some direction from Council on where do we go. Steele: Mr. Mayor and Councilmen, I am Jon Steele the developer. You have granted, been generous in the past and granted extensions for Turtle Creek preliminary plat and the final plat. This has been a complicated development to bring to fruition. We have started construction, we have started cutting streets. We are moving ahead, the staff has been generous to work with. The project is a very beneficial project to the City of Meridian. It is in close proximity to Tully Park and I believe is going to be very beneficial to the City in terms of joint development of the pump station in Tully Park. There have been some issues that have come about just in the last couple of weeks. The plans have been redlined and have been revised by JUB and resubmitted. There have come to light that I need to obtain several more permits, several more easements. Those have all been obtained, submitted to Nampa Meridian an easement on an adjoining piece of property for tiling about 700 feet of Settlers irrigation canal was obtained today and submitted to Settlers Irrigation. Section 404 permit to cross Five Mile Creek and hook into the sewer across Linder is ready to be picked up tomorrow by Mr. Lee my engineer who had a previous commitment could not be here tonight. Because this project is in two irrigation districts both Nampa Meridian and Settlers I have had to negotiate construction agreements with both irrigation districts. It has been quite a lengthy process. There is also on the property what is called Five Mile stub drain and I have had to obtain the agreement of Settlers Irrigation and the Bureau of Reclamation to abandon Five Mile stub drain. It has been a long process, however the end is in site. Our construction schedule that will be discussed at the pre-con and hopefully we will be able to have our pre-con in the next couple of weeks will call for paving to go in yet this fail. It is close, it is going to be tight but my contractor MASCO believes that it can be met. So I would not be coming before you to ask for an extension if I were not making substantial progress. If you have been by lately you will see that the roads are cut, it is Meridian City Council • September 2, 1997 Page 47 taking on the appearance of a subdivision. going on. I believe come November we foundations go in Turtle Creek Subdivision. • There is substantial amount of working will start to see the beginning of some Corrie: Council, any questions of Mr. Steele? Thank you, any further questions or discussion of Council? Rountree: Comments from Gary? Smith: I believe the development plans have been revised and resubmitted. The easements for Settlers and we received a copy of that easement today, it is signed by Mr. Steele but 1 don't believe it was signed by Settlers yet. The Corps of Engineers permit to cross Five Mile Creek with the sewer was I think that has always been part of the plan but it is my understanding that is in the process of getting approved. I think they have complied with all of our requests as far as the development plans are concerned. Corrie: Counselor do we have any problems here? Crookston: You have. a decision as to whether or not the Council desires to grant basically a variance. That is what he is asking for so he does not have to come back and file a new plat. It is totally up to the discretion of the Council. Bentley: So are you saying he has to come back and file another variance? Crookston: No 1 am not saying that, he has asked for the continuance of his plan so that he does not have to file an additional request because he is within the time period before the last extension expires. He is asking for a continuance of that grant where the Council agreed to let him not file his plat within the appropriate time period. That is about to expire I think it is in the end of this month is it not? So that is, it is just totally within the discretion of the Council. Basically you are renewing or he is renewing his request to have that ordinance requirement that he have the plat recorded within I think it is two years initially and then he had two continuances and he is now asking for a third continuance is that not correct Jon? Rountree: l guess if the technical aspects of the subdivision are still consistent with our subdivision ordinance and it has to my knowledge not changed since 1990, 1993 or 1994 what are the technical problems with continuing the (End of Tape) Stiles: (Inaudible) subdivision except for the fact that there has been an illegal split that we can't deal with unless it is made a part of this plat unless the Council wants to waive the requirement for somebody to comply with the subdivision ordinance as far as platting property. Rountree: What is the split? ' Meridian City Council September 2, 1997 Page 48 Stiles: When the property was initially annexed they left out .the five acre piece that was sold to the Slagle's at that time. The plat also left an out parcel where the existing home is, the brick home. The home itself was a legal lot at that time, the remainder of the property was one parcel at that time. Property is now five pieces of property where it was once two. So and now the Calm's have sold the property the 2.5 acres along with the house to someone else but they are not eligible for any kind of a building permit whatsoever without being part of a subdivision. Once this subdivision is platted there is nothing for them to subdivide from. So that is the only issue that I would like to have taken care of and I know Phil Kirby indicated that was not a problem that (inaudible) Steele: That was the result of the Cairn sale of a 2.5 acre parcel that they lived in not as a result of a sale that I performed. That is owned by Mr. Martinez and 1 consider it reasonable to include his lot within the subdivision. Stiles: That won't create any problems for you? Steele: I don't believe it will be a problem. Stiles: Have you approached him at all? Steele: Haven't talked to him about it but he is a reasonable fellow and 1 don't think that will be a problem. Rountree: Has that been annexed? Stiles: Yes, and I believe the improvements, your development plans do the sidewalk improvements go just through his property but not through the five acre parcel is that right? Steele: Right, just through his 2.5 acres. Stiles: So it would only make sense that roadway dedication take place at the same time so that the sidewalk is consistent, that is the only problem that I had with the project. Steele: That is one that I think we can remedy simply by submitting an amended plat. Stiles: Gary asks if he has to submit an amended plat does it have to come back to Council? Morrow. Question for Shari, refresh my memory, in a new plat submittal what are the filing fees? Stiles: Preliminary plat $300 plus $15 -per lot I believe. . r ` Meridian City Council September 2, 1997 Page 49 Morrow: Mr. Mayor, as a point of discussion it seems to me that we are stretching here. I don't have a problem with the fact of the extension of the plat but I do have a problem from the standpoint this is the third time around essentially on our ticket. I think if we are going to grant an extension it is a clearly a time extension of not one year but something more like 6 months. And that we request or the price of granting that is the payment by Mr. Steele and his company of $300 filing fee or extension fee to compensate our staff for some of the work that has gone on having done this twice before. If you will at this juncture these extensions are somewhat of a free lunch. I think it is time for that not to happen. So from my perspective I guess that it is an incentive to Mr. Steele to get moving and get done. But also we as a City and a taxpayer are entitled to (inaudible) some of our cost. I think in fact if we are going to grant the extension it ought to be conditioned upon the resolution of the illegal spli# as mentioned by Ms. Stiles and the payment by Mr. Steele and his company of a $300 fee for the extension. Corrie: Any discussion on that one? Morrow. I will make that a motion that we grant the extension for the final plat for Turtle Creek No. 1 and No: 2 and that we require Mr. Steele and his company to pay a filing feel of $300 for that extension and that the resolution of the illegal split as discussed by Ms. Stiles and Mr. Smith be (inaudible) Bentley:, Second Corrie: Staff? Stiles: i just wanted to clarify on the submittal Turtle Creek No. 1 final plat, is that going to be required within 6 months or within one year of the six month extension? Or is that going to be (inaudible) Morrow. Well according to the letter from Gary at JUB a time extension on behalf for the following Turtle Creek subdivision preliminary plat, Turtle Creek Subdivision No. 1 final plat, Turtle Creek Subdivision No. 2 final plat. I think the intent of the motion is 6 months from expiration date. September 20 is the date we have in our letter so it would be 6 months from September 20"' is the end of the extension. Stiles: So they would need to submit the final plat for No. 2 by next September or March? Morrow. By March 20tH Stiles: So the final plat for Turtle Creek No. 2 needs to be submitted to our office by March 20~n~ Morrow: That was all three things that were requested in Mr. Lee's letter. Meridian City Council • . September 2, 1997 ' ~ Page 50 Corrie: Any further discussion? Alf those in favor? Opposed? MOTION CARRIED: All Yea Steele: (Inaudible) ITEM #21: WATER/SEWER/TRASH DELINQUENCIES: Corrie: Turn off schedule for 9-10-97. This is the inform you in writing if you choose to you have the right to apre-determination hearing tonight at 7:30 p.m. September 2, 1997 before the Mayor and City Council to appear in person and be judged on-the facts and defend the claim made by the City that your water, sewer and trash bill is delinquent. You main retain counsel. This service will be discontinued on September 20, 1997 unless payment is received in full. Is there anyone present who wishes to contest their water, sewer or trash delinquency? Smith: Mr. Mayor, we have, Will Berg received a letter of request for a citizen a user to approach the Board of Equalization for a decision on a water bill. She called me today and said that she had received a turn of notice. Can we put her on the non-turn off list subject to a decision from the Board of equalization? Corrie: I think that is Thursday or Wednesday. Morrow. I think that is only fair, she has filed the paperwork (inaudible). Smith: Her name is Niki Cook, address is 2087 W. Snyder Drive. 1 don't have an account number. I requested that this person not be on the turn off list. Thank you Morrow. 1 would move that we approve the tum off list with the exception of Niki cook of 2087 W. Snyder that she be exempt pending the resolution of the Board of Equalization of her issue. Rountree: Second. Corrie: Motion made and second to approve the turn off list except for Niki Cook until we get the exemption request, all those in favor of the motion? Opposed? MOTION CARRIED: All Yea Corrie: The amount was $38,950.68. Bentley: Mr. Mayor I have a question, on this new format ,this second column has R's and some have B's can you tell me what those designate? • • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 2.1997 APPLICANT: ITEM NUMBER: 2 ~ REQUEST: EXTENSION OF TURTLE CREEK PRELIMINARY PLAT. FINAL PLAT #1 AND FINAL PLAT #2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DfRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~~r 6 ~'`~u. o~ ~' ~3°~~ ~ ~~ -~~~ s OTHER: All Materials presented at public meetings shall become property of the City of Meridian. i ~ f J'u August 22, 1997 Ms. Shari Stiles Zoning Administrator City of Meridian 33 E. Idaho Street Meridian, ID 83642 Dear Shari: ~'~~~t~i'E~ AUG 2 5 1997 ~~'f~t`~F 11AERIQIAI RE: Turtle Creek Subdivision 208-376-7330 FAX: 208-323-9336 The developer/owner of Turtle Creek Subdivision, Jon Steele. of Steele it Sons, LLC, has asked that we request a time extension, on his behalf, for the approval of the following projects: 1. TURTLE CREEK SUBDIVISION PRELIMINARY PLAT 2. TURTLE CREEK SUBDIVISION N0. 1 FINAL PLAT 3. TURTLE CREEK SUBDIVISION N0. 2 FINAL PLAT Turtle Creek Subdivision No. 1 is in the early stages of construction. The City of Meridian, ACHD, Settlers Irrigation District, Nampa it Meridian Irrigation District and the U.S. Army Corps of Engineers have reviewed updated plans. We hope to have new plan approvals from all of these agencies +.Nithin the next two weeks. At that time, apre-construction conference will be scheduled. Earth-moving operations have already begun on this project. The streets are currently being cut to subgrade and the Five Mile Stub drain is being filled in preparation of the sewer and water piping phase. Depending upon market absorption, construction on Turtle Creek Subdivision No. 2 should commence within the next year or so. Therefore, we respectfully request a time extension on each of these projects. Please let me know when we might expect an audience with the City Council to discuss these issues. If yrn.~ have ~~ny questions, please call me at 376-7330. Sincerely, J-U-B ENGINEERS, Inc. ~---- Gary .Lee, P.E./L.S. Project Manager GAL:Ihc cc: Jon Steele F:\projects\18701\admin\City Ltr1 J-U-B ENGINEERS, Inc. ENGINEERS • SURVEYORS • PLANNERS 250 South Beechwood Avenue, Suite 201 Boise, Idaho 83709-0944 ~s ~~ «~ • • c~~r~ S E P - 2 1997 TURTLE CREEK ~ ~ ~~iAl~ This project is a portion of 75.80 acres which was annexed on July 19, 1994. The preliminary plat was also approved on that date. At the time of annexation, afive-acre parcel was excluded from the annexation. The preliminary plat showed two additional outparcels, one of which contains an existing home. Since annexation and preliminary plat approval, the entire 80 acres -- which consisted of two parcels at the time -- has been split into five pieces. The developer apparently only has an interest in slightly more than 45 acres of the original project. Ada County records indicate the Cairns still have ownership of the remainder. The final plat for Phase I of the subdivision was approved on September 20, 1994, along with a development agreement. A one-year extension was approved on August 1, 1995, making the deadline September 20, 1996. This date also passed by, and a request for another time extension was filed via an application for variance. The decision on October 15, 1996, was that the variance be granted and the plat must be recorded on or before September 20, 1997. The plat will not be recorded by that date. The Applicant's representative has requested another extension. These projects are very difficult and time-consuming to follow-up on three years after approvals. Although not made a part of the initial approval, the illegal lot split should be made a part of this plat. This approximately 2.5-acre piece will not be eligible for building permits until it is made a legal lot. In addition, the improvements on Linder Road and dedication of additional right-of--way, which were approved as part of the development plans, need to be completed at this time. The developer should have no problem having the current owner of the piece signing the plat, particularly when they cannot receive building permits for any use on the site. The Settlers Canal, also running across this property, needs to be piped as shown on the development plans and required as part of the annexation. The Development Agreement was approved by City Council and recorded in December of 1994. 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 RECEI'fV ~u~ 2 9 ~ss7 August 28, 1997 C~ ~F ~E~~~ Wayne Crookstron Meridian City Attorney 33 East Idaho Avenue Meridian, Idaho 83642 Dear Wayne: 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 • STEELE & SONS LIMITED LAND COMPANY, L.C. 410 S. Orchard, Suite 120 - Boise, ID 83706 (208) 342-2638 --- Telephone * (208) 344-9180 --- FAX Apri124, 1996 City of Meridian City Engineer 3 3 East Idaho Meridian, ID 83642 Re: Turtle Creek Subdivision No. 1 Dear City Engineer: Please change the mailing address for Steele & Sons Limited Land Company and the undersigned to P. O. Box 9412 Boise, Idaho 83707-3412. Thank you. V ry truly yours, i ~ ~~ on M. Steele JMS:bh p. ~ ~ - -~a -- Vv old, RECEIVED MAR 2 4 1995 CITY OF MERID/AN ~r~ia & ~~v~ctd~aoc ~I~rnigatlooc Z~~a.~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 2 March 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 Gary Lee SHOP: Nampa 466-0663 J-U-B Engineers, Inc. Boise 345-2431 250 South Beechwood Avenue, Suite 201 Boise, Idaho 83709-0944 Re: Turtle Creek Subdivision No. 1 Dear Gary: Nampa & Meridian Irrigation District has reviewed the lateral revision of the above mentioned subdivision. The proposal for the handling of the storm water run-off includes accepting run-off from the adjoining subdivision, Glennfield Manor. The sizing of the outflow orifice for the entire system is based upon full pipe flow from Glennfield Manor. Turtle Creek Subdivision needs to design their system to accommodate the full flow potential. However, the return flow to the Irrigation District can only be the pre- development flow. Thus, Turtle Creek Subdivision needs to revise their system to account for the difference in flow quantities. Nampa & Meridian Irrigation District will require an agreement for discharge back into the District's Ninemile Drain. Please contact the District's attorney, Daniel Steenson, at 342-4591 and request that he prepare a License Agreement. Once your client has signed this agreement and returned it to the Irrigation District, it will go before the Board of Directors at the next available board meeting for their consideration. Once the agreement is approved, construction can commence. Please send a revised version of this project. If further discussion is required regarding this matter, please contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Daniel Steenson John Sharp Bill Henson Rid r 4 of Meridian File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Invoice invoice Number: 95-100 Date: April 4,1995 Cite of Meridian 33 East Idaho Meridian, ID 83642 (208)ggg"gq~ Fa~c (20887-4813 To: Mail to (if different address): Steele & Sans ltd. Land Carr~arty 3330 American Terrace, Suite 350 Boise, Idaho 83706 QTY. DESCRIPTION UNIT PRICE TOTAL I RECORDING OF DEVELOPMENT AGREEMENT FOR TURTLE CREEK SUBDIYtSION 31.00 31.00 2 NOTICE OF P/H FOR ANNEKATION/ZONING/PRELIMINARI PLAT FOR P b i MEETING 25.42 50.84 2 NOTICE OF P/H FOR ANNEXATION/IONIN FOR CITY COUNCIL MTG. 22.94 45.88 2 NOTICE OF P/N FOR PRELIMINARY PLAT FOR CITY COUNCIL MTG. 13.56 47.12 2 CERTIFIED MAILING FEE FOR 2 P/H 156.09 312.18 0.00 0.00 SUBTOTAL 48T.02 TOTAL DUE 5487.02 • CITY OF MERIDI "Hub of Treasure Vail 33 E. Idaho Meridian, Idaho 83642 888-4433 ^ ~! s 0 Customer's Order No. Name ~}- ~ Z ~ 19 Date _ Address Phone: SOLD BY • 1 CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT ~ • • ~~' 4~ I I . ~ I I I I I 1 I 1/o N I I I I I I I All claims and returned goods MUST aecnmpanisd -by this eul' TAX I 0 0 4 3 0 5 By Ved TOTAL ~szozs ~ ~ -- v PRINTED IN U.S.A. ~(~- Q( , On,,I J 'I A ~ /KJ I ~ n ~~ / ~ ~ . ' /1vA f , l 7 W o„~ STEELE & SONS LIMITED LAND COMPANY BOISE, ID 837' l~.lp ~ Ort~q,~ Sub '~ ~~-~ C .f w. Ol1/ 1DM - - ! 1104 ~S 92-1/1241 2(v9 ~ ~ ADD °° ~~~~® West One Bank, Idaho '- ~ ~~ Head Office 1-IMOI pp,,~~ ~~~~ P.U. Box 7009 /]iCJ1YK Boise, [D 88727 ' 1-800-221.5511 r---~ .~ ii00L10411' ~:L24L000L9~:i10.0006L2766t1` r i ~ Meridian City Council June 6, 1995 Page 19 Stiles: We did receive a new copy after Wayne and I reviewed it together and they incorporated ail of the changes vve (End of Tape) Kingsford: Is there a motion? Yen'ington: Mr. Mayor I make the motion that we approve the CC&R's for Layne Industrial Park. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve the CC&R's for Layne Industrial Park, all those in favor? Opposed? MOTION CARRIED: All Yea Crookston: Mr. Mayor can we go back to item number 9, there was something that came through my ofi•ice today that pertained to the CC&R's. I would like to if you change that motion subject to my approval. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to change the approve of the CC&R's on Elk Run Subdivision No. 2 to subject to Counselor's approval of the latest correspondence from them, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: REQUEST FOR EXTENSION OF TURTLE CREEK SUBDIVISION: Kingsford: Does the Council have a question on that request? Morrow: Mr. Mayor I move that we grant the request for extension of one year for the preliminary plat for Turtle Creek Subdivision. Tolsma: Second Kingsford: Moved by Walt, second by Ron to grant the extension of one year on the preliminary plat for Turtle Creek Subdivision, all those in favor? Opposed? ~ r Meridian City Council June 6, 1995 Page 20 MOTION CARRIED: All Yea ITEM #12: ERV OLEN - ADA PLANNING ASSOCIATION: DISCUSSION CONCERNING STUDY OF IMPACT AT EAGLE ROAD AND I-84: Kingsford: Welcome to Meridian Mr. Olen. Olen: Thank you very much Mr. Mayor and members of the Council. I am here tonight to talk to you a bit about some work we are doing with Ada County Highway District to look at the transportation impacts of the proposed power center mall, Eagle Road and 1-84 in the southeast comer. We have determined that probably we need to look at what I call a cumulative impact of that and do kind of a sub-area analysis so that we can look at the so called spin off potential if that development were to go. Also recognize some developments that have occurred here that frankly aren't in our current demographic assumptions for that area most notably the St. Luke's complex under construction. So in order to do that one of Ada Planning Associations roles in this would be to do the demographic shifts that reflect both the proposed power center mall and also any related development that would be expected to be used. What that means is since we use what wa call zero sum shifting when we add something somewhere in the county we like to take it from somewhere else. Because of that kind of a process we are here tonight to first let you know that we are working with the Highway District to do that and we would like some feedback and direction from each of you on how you interpret your Comprehensive Plan and maybe how wee vuould work with your Planning and Zoning Commission and perhaps the staff in doing those shifts. Typically what we do is we have a demographic advisory committee that meets when we need to get together and look at major developments like this and shifts. They are composed of representatives of all the cities, I know Mr. Forrey represented the City of Meridian when we last did the update in 1993 and we would expect someone representing the City would participate. Right now our assumptions for our development in that area in terms of retail employment is very minimal frankly. A mall such as being proposed would be something in the order of 1500 employees if it is anything as the same ratio of the Boise Town Square mall, 1500 to 2000. So that is going to be a fairly significant shift and in order to do that we don't want to do it in a vacuum we really would like to get your feed back and thoughts and directions if you will. Then work with your staff to make sure we are interpreting the Comprehensive Plan. It is our sense right now that any shifts that we would have to do to accommodate that proposed mall and potential spin off would affect most of Ada County. Certainly western Boise as well as Meridian, probably Canyon County although typically we don't do that. So that is what I wanted to talk to you about is we do need to do that follow up study. We are calling it a cumulative impact, we are going to look at the sub-area rather than immediately around the site. We think we can do that work probably by the end of June this month and get that committee together in a couple of weeks. We are going to need your help, what I anticipate is once we have • Meridian City Council June 6, 1995 Page 19 Stiles: We did receive a new copy after Wayne and I reviewed it together and they incorporated all of the changes we (End of Tape) Kingsford: Is there a motion? Yerrington: Mr. Mayor I make the motion that we approve the CC&R's for Layne Industrial Park. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve the CC&R's for Layne Industrial Park, all those in favor? Opposed? MOTION CARRIED: All Yea Crookston: Mr. Mayor can we go back to item number 9, there was something that came through my office today that pertained to the CC&R's. I would like to if you change that motion subject to my approval. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to change the approve of the CC&R's on Elk Run Subdivision No. 2 to subject to Counselor's approval of the latest correspondence from them, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: REQUEST FOR EXTENSION OF TURTLE CREEK SUBDIVISION: Kingsford: Does the Council have a question on that request? Morrow: Mr. Mayor I move that we grant the request for extension of one year for the preliminary plat for Turtle Creek Subdivision. Tolsma: Second Kingsford: Moved by Walt, second by Ron to grant the extension of one year on the preliminary plat for Turtle Creek Subdivision, all those in favor? Opposed? • • Meridian City Counci( June 6, 1995 Page 20 MOTION CARRIED: All Yea ITEM #12: ERV OLEN - ADA PLANNING ASSOCIATION: DISCUSSION CONCERNING STUDY OF IMPACT AT EAGLE ROAD AND 1-84: Kingsford: Welcome to Meridian Mr. Olen. Olen: Thank you very much Mr. Mayor and members of the Council. I am here tonight to talk to you a bit about some work we are doing with Ada County Highway District to look at the transportation impacts of the proposed power center mall, Eagle Road and I-84 in the southeast comer. We have determined that probably we need to look at what I call a cumulative impact of that and do kind of a sub-area analysis so that we can look at the so called spin off potential if that development were to go. Also recognize some developments that have occurred here that frankly aren't in our current demographic assumptions for that area most notably the St. Luke's complex under construction. So in order to ~ do that one of Ada Planning Associations roles in this would be to do the demographic shifts that reflect both the proposed power center mall and also any related development that would be expected to be used.. What that means is since we use what we call zero sum shifting when we add something somewhere in the county vue like to take it from somewhere else. Because of that kind of a process we are here tonight to first let you know that we are working with the Highway District to do that and we would like some feedback and direction from each of you on how you interpret your Comprehensive Plan and maybe how we would work with your Planning and Zoning Commission and perhaps the staff in doing those shifts. Typically what we do is we have a demographic advisory committee that meets when we need to get together and look at major developments like this and shifts. They are composed of representatives of alf the cities, I know Mr. Forrey represented the City of Meridian when we last did the update in 1993 and we would expect someone representing the City would participate. Right now our assumptions for our development in that area in terms of retail employment is very minimal frankly. A mall such as being proposed would be something in the order of 1500 employees if it is anything as the same ratio of the Boise Town Square mall, 1500 to 2000. So that is going to be a fairly sign cant shift and in order to do that we don't want to do it in a vacuum we really would like to get your feed back and thoughts and directions if you will. Then work with your staff to make sure we are interpreting the Comprehensive Plan. It is our sense right now that any shifts that we would have to do to accommodate that proposed mall and. potential spin off vuould affect most of Ada County. Certainly western Boise as well as Meridian, probably Canyon County although typically we don't do that. So that is what I wanted to talk to you about is we do need to do that follow up study. We are calling it a cumulative impact, we are going to look at the sub-area rather than immediately around the site. We think we can do that work probably by the end of June this month and get that committee together in a couple of weeks. We are going to need your help, what I anticipate is once we have - • STEELE 8z SONS LIMITED LAND COMPANY, L. C. 3350 Americana grace, Suite 350 Boise, ID 83706 (208)342-2638 - telephone • (208)344-9180 - FAX June 2, 1995 Shari Stiles Meridian City Administrator 33 East Idaho Meridian ID 83648 Dear Shari: Find enclosed our check for $100, the fee for extension of the preliminary and final plats on Turtle Creek Subdivision. very tru ours, J Jon M. Steele JMS:bh enc. "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83643 888-4433 ._1 ~. Customers M~j ~ ~ 19~ Order No. Date t-~ Name f ~ ~ Address Phone: SOLD BY CASH C.0.0. CHARGE ON ACCT. MDSE. RETD. PAID OUT /~ a~ ./~ °/~ ~ ~ a~I~ I I I ^ I I _~ ~ I.SL.i~/ r ~~ I I I I ~ I I I I I I I I I I All claims and returned goods MUST b ccompanied by this bf)I. TAX I 0 0 410 6 BYcei d ~ TOTAL ~(~~ G5~202 2 PRINTED IN U.S.A. • E ^ 1096 STEELE & SONS LIMITED LAND COMPANY _ 3350 AMERICANA TERRACE SUITE 350 BOISE, ID 83706 ~ ~ ' p; 92-1/1241 9 ° m Nest Une Bank. Idaho wEjS1'QNE Head Otiice 1-0001 DA*i~ RO. Boy i009 L)tfir Boise. IDR9i?7 1.800-221-5511 r~/~\ o,,~i ~~e G~ae% S~.~o - EYfe~r~t~ of p/e/i~+Fiwa1 ~!a~ ~~~/'J!~ z 1,..~~ 11'00 109611' ~: L 24 1000 i9~:1100006 ~ 2 76611' 07/18/95 17:02 X208 323 9336 J-U-B ENG. BOISE r /~~ /~cf 1 ~. ~G ?- ~~/~ June 21, 1995 Mr. III Berg City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Berg: RE: TURTLE CREEK SUBDIVISION NO. 1 Steele 8~ Sons, Developer ~J001/001 J-U-B ENGINEERS, Inc. ENGINEEAS•SUgVEYORS•PLANNERS 250 S. Beachwood Avenue. Suite 201 Boise, ID 83709.0944 2081376-7330 FAX: 208/323-9336 Per the request of the owner/developer of the above-referenced subdivision, we respectfully request that the approval of the final plat for Turtle Creek Subdivision No. 1 be extended one year from the original City Council approval date. We believe the final plat was originally approved sometime in September 1994. Please review this request and schedule for consideration by the City Council. If you require additional information, please call. l! Sincerely, J-U-B ENGINEERS, Inc. G2 G~?7 ". - \ Gary A. Lee, P.E./L.S. Project Manager GAL:Is cc: Jon Steele Project No. 18701-06 f\projects\18701 \admin\ctylt2.doc ~ ~P 5~~ ~ ~/ ` ~ M ~ , ~SL l s / ~~ ~ ~~ , ~ ~ ~ ~ ~~~_ ~~~ ~ ~ 5 ~ ~~ ~~ JUL 18 '95 1?~01 208 323 9336 PAGE.01 • STEELE 8z SONS LIMITED LAND COMPANY, L. C. 3350 Americana grace, Suite 350 • Boise, ID 83706 (208)342-2638 - Zlelephone • (208)344-9180 - FAX June 2, 1995 Shari Stiles Meridian City Administrator 33 East Idaho Meridian ID 83648 Dear Shari: Find enclosed our check for $100, the fee for extension of the preliminary and final plats on Turtle Creek Subdivision. Very tru ours, J Jon M. Steele JMS:bh enc. "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 • 888-4433 Customer's Date ~ ~L.~l~ ~ 19~ Order No. r Name ~- ~' Address Phone: SOLD BY . CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT /~ (~ ~ ~ /}/~ ~ UV I V`'~ 1 I y I I ~ _ ~ I r I I I I I I I I All claims and-returned goods>MUST-b ccompanied by this bill TAX I 0 0 410 6 Byceiv d ~~` TOTAL f~~ G$~707~Y PRINTED IN U.S.A. I v ~„~,~~„ ~ r STEELE & SONS LIMITED LAND COMPANY 3350 AMERICANA TERRACE SUITE 350 109 BOISE. ID 83706 ~ 92-1/1241 ~ - Z >9 Q~ ~.~ ~ ~D~ ~ pp~--o ~-~ ~ria~. ~ l~ ~o~~ *=JZ~(~~~ ® Nest One Bank. Idaho ~~jA~ Head OfYice 1-0001 ~~,,~~ 77~~~~ P.O. Bos 7009 {]It7LrK Boise. ID 8727 1-800-221-5511 ~-~ c~o,.~i •~e Glae% S~.~o - EYfeKS[a., .f Pic/[.~~F[•~al r1a~ ~~~ ~ 6J . 11'00 109611' ~: i 24 1000 i9~: i L00006 i 276611' P RECEIVES MAR 2 4 I995 qTY OF MERIDIAN 'Ha~r~,~ea & ~le~udia.~ `I~gatio~ Di~iict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4345 FAX # 208-888-6201 5 Phones: Area Code 208 Steve Mahaf fy OFFICE: Nampa 466-7861 Ringert Clark Chartered Boise 343-1884 P. O. BOX 2 7 7 3 SHOP: Nampa 466-0663 BOlSe, ID 83701 Boise 345-2431 RE: Draft Agreement Between Nampa & Meridian Irrigation District, Settlers Irrigation District and Jon Steele for Proposed Pressure Urban Irrigation System in Turtle Creek Subdivision Dear Steve: As we discussed in our telephone conversation of Wednesday, 22 March 1995, concerning the above-referenced topic, I will withhold comment at this time concerning the draft agreement. Delaying comment on the draft agreement at this time is in direct relationship to the information recently disclosed to me by the Meridian City Engineer, Gary Smith, concerning Meridian's proposal to join in with the pressure urban irrigation system at Turtle Creek Subdivision. I hope that your letter to the City Engineer will prompt the City to respond and explain what their intent is so that the contract can be restructured to accommodate their participation in the pressure urban irrigation system, if that is a reality. Should you have any questions concerning this topic, please feel free to call on me. Sincerely, Daren R. Coon, Secretary/Treasurer DRC/dnm cc: File Each Director Water Superintendent Settlers Irrigation District Settlers Irrigation District ,/City of Meridian Developer.- Jon Steele C~~p~( Attorney - Scott Campbell APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CENTRAL •• DISTRICT ~1'HEALTH DEPARTMENT MAIN OFFICE • 707 N, ARMSTRONG PL. • BOISE, ID. 83704-0825 • (208) 315.5211 • FAX: 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 95-078. February 14 1995 .~ ~ i Yom::. ..~ ~:.,.~.,. ..~ .. e..>~' 1 ~:.. ~1 ~ 4 c• t~•p DAVID NAVARRO C,~~~ ~~ ~~~, ~,::~'Y~~,' ADA COUNTY RECORDER 650 MAIN STREET BOISE ID 83702 RE: TURTLE CREEK SUBDIVISION NO. 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 February 14,1995. No lot. size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Director of Environmental Health HUD City of Meridian J.U.B. Engineers Steele & Sons Land Co. Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office WIC Boise -Meridian Elmore County Office Elmore Cauny Office 101 N: Amuhong PI. 1606 Robert St 520 E. Bth Sfreef N. of Emironment~ HeaNh Boise, ID. 83104-0825 Boise, ID. 83105 Mountain Home, ID. 190 5. Qth Street E. Enviro. Health: 321-7499 Ph. 334.3355 83647 Ph. 587.4407 Mountain Home, ID. Family Planning: 321.7400 324 Meridian Rd. 83647 Ph. 581-9225 Immun¢otions;327-1450 Meridian, ID. 83642 Nutritron: 32J-7460 Ph. 888525 WIC: 321-7488 Yalley County Office P.0. Box 1448 McCatl, ID. 83638 Ph. 634-7194 ~~ 1 ~~ ~. a l ~ t _ ~ ~~ M ~ ~ ~ - s ~ ~ L C r 1 . w • v ~. ~Z y y ~~` K~ ~' hr 3 ~~ v .. 4 - ~rMT ~~ ~ ~ e~ . s ~ I ~ r1 N a ~.1 LJ ~ ~ m n g~~~ ~ .. SD I ~~x - ~g~m ~n~ ~N ~ S ~ i ~~ ~_ ~ I Z ~~t~~l I.n v ~Z ,, l _~~~~ ° O ~, z ' z o r wuno y H m ill C ~n B ~~/ C. ~ ~ ~~~~~~~rL~. JAN 2 5 195 CITY U~r r~tri~~iA~~ 8t ~ ~ietrti~t 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 23 January 1995 Phones: Area Code 208 Gary A. Lee, P.E. OFFICE: Nampa 466-7861 J-U-B Engineers, Inc. Boise 343-1884 250 South Beechwood Avenue Suite 201 SHOP: Nampa 466-0663 ~ Boise 345-2431 Boise, ID 83709-0944 RE: Turtle Creek Subdivision No. 1 - Pressure Urban Irrigation System Owner/Developer Construction Contract Dear Gary: In a letter dated 16 January 1995, received 18 January 1995 to Mr. John Anderson, the District's Water Superintendent, you indicate that the above-referenced subdivision and its developer wishes to enter into an agreement which allows transfer of ownership, operation and maintenance of a pressure urban irrigation system to Nampa & Meridian Irrigation District. In previous correspondence I had indicated to you and/or the developer that their proposed pressure urban irrigation system in Turtle Creek Subdivision comes with some special considerations, i.e. necessary agreements between Nampa & Meridian Irrigation District and Settlers Irrigation District and possibly the owner/developer for delivery of irrigation water and ownership, operation, maintenance and assessment of a pressure urban irrigation system. In the above-referenced letter, you have introduced another element which must be addressed also in either the owner/developer construction contract or a separate agreement. In any case, the lack of an agreement between the owner/developer, Nampa & Meridian Irrigation District and Settlers Irrigation District creates a dilemma for all parties inasmuch as you are requesting that District revenues be expended in construction of a pressure urban irrigation system for which Nampa & Meridian Irrigation District has no jurisdiction (proposed check structure within the Five Mile Drain) . Page 1 of 2 _ =~~ ~. -~~ .~ _. ~. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • 23 January 1995 Gary A. Lee Page 2 of 2 In the interest of expediting this matter and to maximize the rights of your client, the Nampa & Meridian Irrigation District and Settlers Irrigation District, I would ask you and/or your client to contact District's legal counsel, Steve Mahaffy at 342-4591 as soon as possible for preliminary discussions and draft agreements to remedy the challenge at hand. I am certain that all obstacles can be overcome if all parties involved act quickly to complete the necessary agreements that allows the District to act with authority and without liability. Should you or your client have any questions concerning this topic, please feel free to call on me at the Office telephone number listed above. Sincerely, Daren R. Coon, Secretary/Treasurer DRC/dnm cc: File Each Director Water Superintendent Attorney - Mahaffy Attorney - Ringert Settlers Irrigation District - Board of Directors Settlers Irrigation•District Legal Counsel - Scott Campbell Developer - Jon M. .Steele /City of Meridian - P & Z Ada County Development Services 'ha~r~ea ~c ~1~inrdtaat ~n~cigattaat Dc~ztct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 15 December 1994 Gary A. Lee J-U-B Engineers, Inc. 250 S. Beechwood Avenue, Suite 200 Boise, ID 83709-0944 RE: Turtle Creek Subdivision No. 1 Dear Gary: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The construction plans and storm water run-off calculations for the above-mentioned project have been received and reviewed. The plans indicate that an orifice in the storm drain system will be used to limit the discharge flow to the pre-developed amounts. However, due to available head in the system, the orifice is sited too large, which makes this drainage system not adequate for the Nampa & Meridian Irrigation District standards. When the orifice size has been adequately sized, can you please resubmit this requested information. Once this has been approved, the developer will need to contact the Districts Attorney, Dan Steenson, at 342-4591 and request that he prepare a License Agreement for discharge into the Five Mile Stub Drain. After the License Agreement has been signed and returned to the District, it will be sent to the next available Board Meeting for Board consideration and when this is completed, the District will have no further comment. Page 1 of 2 - __.. _- APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 15 December 1994 Gary A. Lee Page 2 of 2 If you feel further discussion is required regarding this matter, please feel free to contact me. Sincerely, John P. Anderson, Water Superintendent JPA/dnm cc: File Each Director Secretary/Treasurer Bill Henson John Sharp Dan Steenson Rider #4 /City of Meridian Ada County Development Services DEC 2 9 1994 'l~a~r~ia & ~~i~crdia~ ~nn~gaua~ Dcv,~ctct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 27 December 1994 OFFICE: Nampa 466-7861 Boise 343-1884 Gary A. Lee SHOP: Nampa 466-0663 J-U-B Engineers, IriC. Boise 345-2431 250 S. Beechwood Avenue, Suite 200 Boise, ID 83709-0944 RE: Turtle Creek Subdivision No. 1 - Pressure Irrigation System Dear Gary: The construction plans for the first phase of the system and the calculations for the entire system have been reviewed. The plans are in substantial conformance with the Nampa & Meridian Irrigation District standards. The first phase pumping system is going to be sized for more than just the first phase, but not for the entire system; therefore, until the entire system is in place, it is probably best that we do not take the system over for operation and maintenance. In the meantime, the District does require contracts as well as License Agreements for the District to take over the operation and maintenance, which should not be a problem. We should get started preparing these contracts at this time. Could you please contact Mr. Daren Coon, Secretary/Treasurer for the Nampa & Meridian Irrigation District and he will help start this process. Once the developer has signed the appropriate agreements, it will go in front of the Nampa & Meridian Irrigation District's Board. of Director for their final consideration. Hopefully, enough time will elapse that you will have all phases in place for the Turtle Creek Subdivisions. Page 1 of 2 C~~~~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • 27 December 1994 Gary A. Lee Page 2 of 2 If you feel further discussion is required regarding this matter, please feel free to contact me. Sincerely, John P. Anderson, Water Superintendent JPA/dnm cc: File Each Director Secretary/Treasurer Bill Henson Allen Damberger Rider #4 John Sharp Steve Mahaffy ./City of Meridian Ada County Development Services State of l~ho ~ DEPARTMENT OF WATER RESOURCES Western Region, 2735 Airport Way, Boise, Idaho 83705-5082 - (208) 334-2190 FAX (208) 334-2348 CECIL D. ANDRUS GOVERNOR October 31, 1994 ,' ~ .,_,.- D r.ro ;,~ R. KEITH HIGGINSON ~~~r ~,~. DIRECTOR CITY CF ~~~DIAI~ Corps of Engineers Lucky Peak Project Office HC 33 Box 1020 Boise ID 83706 RE: Joint Application for Permit # 63-S-1042/Jon Steele Five Mile Creek To Whom It May Concern: Enclosed is a copy of the above referenced application for a permit to alter a stream channel. Please review the application and reply with your comments or objections to this Department by November 21, 1994. At the end of the comment period a decision to approve or deny the application will be made based on the information which has been received. If the department does not receive a reply, we will assume you have no comment. If you have any questions regarding the proposal, please contact the applicant at the address and phone number listed on the enclosed application, or contact this office. Sincerely, Y~5 /~~ bc..,, .soy-~-- MGG:vr Enclosure -/~~...~-~~- M . Gene Gibson U y Stream Protection Specialist cc: IDHW DEQ, IDFG, Ada County, Nampa-Meridian Irrigation, ~,- ~~ «~~l~x~~:d3.an; Adjoining Property Owners RECEIVED _ ~C I ~ ~ ~~ SEPARATE PER'-1IT DECISIONS ~iCST BE ; . JO/NT APPL/CAT/ON fOB Pf1tM/T RECEf~'ED FRO~1 BOTH THE STATE OF '.. U.S. ARMY CORPS OF ENGINEERS IDAHO AP1D THE CORPS OF ENGINEERS WATEFI RE50URCE8 IDAHO DEPARTMENT OF WATER RESOURCES pR10R TO START OF ~~'ORI: WESTEAiV REGION IDAHO DEPARTMENT OF LANDS ._ The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899 and Section S03 of the Clean Water Act. These laws require permiu authorizing structtut:s and work in or affecting navigable waters of the United States and the discharge of dredged or fill material into waters of the United States, including their adjacent wetlands. State permits arc required under the State of Idaho, Stream Channel Protection Act (Title 42. Chapter 38. Idaho Codei and the Idaho Lake Protection Act Section 58-142 et. seq, Idaho Code. This application will meet the requirements of the above agencies. I. Corps of Engineers # Dau Received S20 Recd By: Receipt # Jon Steele r`'t'"'~` 3. Applicant Steele & Son Limited Liability Co. Mailing Address 3350 Americana Terrace Boise, ID 83706 Work Phone (~~~) 342-2638 Home (tea) Fax Number (208) 344-9180 5. Location where proposed activity exisu or will occur. 2. State of Idaho # 6 `3 _. ~ J ~~~~~ Daze Rcceived ~~ - -~ ~ - 9~ 4. Authorized Agent Gary A. Lee, P.E./L. S. J-U-B E:IGIPIEEF.S, Inc. Mailing Address 250 S. Beechwood, Suite 201 Boise, ID 83709 wort; Phone (~~$ 376-7330 r4dFde (~r~~ 323-9336 ax Tributary of: Boise River Assessoi s Desc. (Tax Ivo. or Subdivision, Lot & Block No.) • •(See instructions) waurway Five File Creek Leridian Ada _I D INnear city or town County Stau 83642 Meridian ~p o e c duns tcuon ctry or county sw4 sw14 1 3N. 1>a. or I/41/4 Section Township Range UTM Coordinau Grid n~ o tng ung 6. Describe the proposed activity. Provide a general description of the. proposed work including all discharges of fill maurial and any structtues such as piers, floau, boat lifts, bulkheads, and cofferdams. The work will consist of excavating an open trench crossing Five I1ile Creek; installation of an o" sanitary sewer line; constructing a concrete cap over pipe; back filling the pipe and ca and rehabilitatin . Describe construction methods and equipment The trench will be excavated and back filled with a back hoe. Five PSile re w'll isolated with sand bang and water pumped around work area. List all soil series locaud at project size, and indicate if any arc on the county's hydric soils list: Abo Silt Loam Sails. Length of project along the stream or exunsion into lake or reservoir: The crossing length is approximately 50 feet. Will material be placed waurward of ordinary high waur mark? 'Yes If yes, volume: 5 cy of concrete (cubic yazds) {BOTH TEMPORARY AND PERMANENT) Will maerial be placed in wetlands? No If yes, total area: (acres) Type and composition of fill material: Native soil & concrete cap {i.e. sand, tu.) Maurial Source: On site Will excavation or dredging be required? YeS If yes, volume: 25 (cubic yards) Composition Silt Loam Disposal size for excavaud maurial: Off site Methoe of excavation: excavator/back hoe Stream gradient: 0. 004 ~ t/Ft Method of controlling turbidity and/or sedimentation: Isolate work area with sand bag dams. 7. Size and flow capacity of proposed bridge or culvert and area of drainage served (sq. miles): (Idaho Department oC Waur Resources requirement.) i'v / r1 NPW 304 IDWR Form ;t Fcb oa (RE~'1 Feb va (RE~'1 S Preparation of draNtngs. One set of ongmal or good qualm reproduable draNrngs must be . s''ned to this application. ?;OTE. DRA~'C.'.GS ~U L-~RUEfi .THAN 8-1r X 1 I INCHES iN SIZE. See the instnu~n pamphlet for instructions and a cheektrst for wmpl~g the draw•rngs. Include photographs of the projcr sin mounud on 8-1 ~ z l I sheen. 9. Purpose and intended use: Commercial Public ~' Privau Other Describe Sanitary Setoer Nccesstq• and justification for project Cit•~ of Meridian Idaho Public Set•~er Extension ]0 Proposed Staring Datc December 15, 1994 Estimated Duration 10 days id/A 11. if any portion of the activin is complete, indicate month and year of completion Indicate the existing work on the drawings. 12. Names. addresses, and telephone numbers of adjoining propem~ oaTers, lessees, etc., whose property also adjoins the waten-•a~ Thoaas S Phyllis Denver 1562 Claire Street Leann 3ri~ht 2791 1dW 15th .:e~idian, ID 83642 Meridian, ID 83642 ~208~ ~88-124 ^ Check here if the alteration is located on endowment Ian s a mintsure by the Idaho Department of Lands 13. LEGAL ORNER 1F OTHER THAN APPL1CAlrT City of .Meridian, C/0 Gary Srtith CitL~IIFin er City, Stau, Mailing Address 33 E. Idaho Zip Code *Ieridian ID 83642 .Sea Area Phone Work 2( OJ 1 83c`i-443.3 ~e(,~Q$~ f~87-4R1 ~ 14. List other applications. approvals, or certifications from other Federal, interstau, state, or local agencies for any structures, constructions, discharges, deposiu. other activius described in the application. Issuing Agency Type of Approval Identification No. Dan of Application Dau of Approval City- of ieridian Plat & Plans :I/~ 10/14/94 Under ~~eviet•r Not Suhm;rrPd Yar DEO _ Plans N A 15. Has any agency denied approval for the activity described herein or for any activity directly related to the activity described herein? Yes No ii (If'Yes" explain) 16. Remarks or additional information: iJone 17 Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and thaz to the best of my knowledge and belief, such information is true, compleu, and accurau. I further certify that I possess the authority to under take the proposed activities. 1 hereby grant to the agencies to which this application/is made, the right to come upon the above-described location to inspect the proposed or compleud work. / A~ , 10/19/94 Dau Signature of Appl 19. If an authorized agent is to be designaud, lum 4 and the following information should be eompleud. Gary A. Lee P.E.[L.S. ! hereby designau J-U-B EI1GI1d~ERS , nc . to act as my agent in maters rclaud w this permit appli ation. I understand that if a Federal permit is issued. J must sign the permit 10/19/94 Date O ' final 'nature of Authorized Agent Original Signature of A licant 18 U.S.C. Section 1001 provides that: V1'hoever, in any manner within the jurisdiction of any department or agency of the Uniud States knowingly falsifies, conceals, or covers up by any nick, scheme, or device a maurial fact or makes any false, fictitious, or fraudulent stauments or representations or makes or uses an. false writing or document knowing same to contain any false, fictitious, or fraudulent staument or entry, shall be fined not more than 510,000 or imprisoned not more than 5 years or both. Do not sent a Federal permit processing fee with this application. The appropriau fee will be .assessed when a permit is issued. DO NOT SEND FEDERAL PROCESSING FEE WITH APPLICATION 1DWR Fotm ?804-~ tiPW Forr. .04 F; oa (Rey Feb 94 (RE~~ ., ~ • N. o ~ .. ~b ,.~? - _, 31 Fi ve ~ ~, `'~ wL ... ~ - ~z ~ ~ . , , . ..--- - . 2555 ~-~ ~ ~. • -- - - • 6B. .. ~ - UST)CK - __ RO y... ~, ~ ~ ~~~ PRO• I EC~NS : 2587 ~ ~FIUNTER • ; ~ ~o J • ... C.q Teg ....._ . A \ \ 11 ... • , ~~. , .~~ 2 60 ~1 ~~ .~~ ) `.~~~~~ ~... a •~.• ..... ~~.. ::.._ sua , ' •• 5 .. ~. .. . \ . ~ ~ q ` 2 •° e y ~ ~ . , 6 • R s ~ I ~ ~ ~ ' 'i • ~ ~r.. •' j Trafl r ; ~ CANAI ~ ~ I ~ ~ . ° ~~' I ~ _ ~~ • ~~ Flume ~ C NAL 25 65 Flume / ~ ~ --- ~ ~~ Ifr c~ ~ . _ . ^. ~ ,~~.. ParK "~ In r r ~ ~ ~ J \ i ~ ~Gti Rur~foc F oI ~ ~ H fi~Z _ ~ ._ .~ . r.. 111 Hi Sc , e R tL'i r•t 8M1 , ~ \ ~ ~ PACJF/C B LATERAL Y ~ ~' ., ~M 1G08~~ J 2570 ~ Siphon 2585 _ ' ~ \ ~\ 2580/ _ 9<~ a6 ~~-^~~:~ I ~, ~ . ° ~~.JJ .7 ° ~ ~ ~ 2566 1, \.. O°° ~ 12597 .. _ r - - nti/~~M• '1( ~ RP II..___ ... '+.. VICINITY MAP FOR TURTLE CREEK SU~IVSION N0.1 FlVEMILE CREEK SEVYER CROSSING TAKEN FROM USGS RECEIVED STAR & MERIDIAN ocr 2 5 ~s~ IN Fivemile Creek IN/NEAR Meridian, Id. Ada COUNTY. Idaho DATE: 10/19/94 SHEET 1 OF 4 APPLICATION BY: Steele & Sons Limited liability Co. WATER RESOURCES WESTERN REGI~JP~ ~ r N. N. FROM Star USGS Quad. Map Sec. 1 T.3N., R.1 W., B.M. Ada County, Idaho m m x 14' GRAVEL YAN7ERAfICE RQ+1D 10' OF 3/4' t~J3, RE37RIC7M0 BOI.LAND6 AT EACH FTO. 7 1 ~8' ELL, NJid/J g X~~ ~3~ ti 6' CmAR fEf1CE 6 SC 13}11 BLOCK 2 is i~ CAP RDPIIC E11CA~1EJIT FACT EL~l6.42 EL+~13.81 E10S/M0 F~flC LMR: CORIRACTCR !MIALL PLACE SAfO MOS DAMS LPS1!lFJ1M ! DOMISIREAY ~i~ ` '"~ A iro ~ ~ Aaauo ~h o E1R,AVAlldi PDR ~r4,R PPE. ~A' ~- DISIUI~ED AREA TO ~ RE-SHAPED AfO SEF~DED ~M1M HAIURAL YEf~TATCN 10 OIUVQyIAL CO10171CR Af1ER Wgi1C IS OOIPIFIFA I tER~IAN PARK S1JmIMSlp1 NQ t IN Fivemile Creek IN/NEAR Meridian, Id. Ada (BOUNTY, I d a h o RECEIVED DATE: 10/19/94 SHEET 2 OF 4 OCT 2 5 X994 APPLICATION BY: Steele & Sons Limited Liability Co. WA7ER,RE~OURCES WESTERW RE~'I~W VIClNITV ~1~1P • • N 2580 : . : : ~ : : . 333 'W pt~~rn ~MafM~f 2575 F •y ~ddd ~ o ddd ~ + ~ ' ~ W Z2Z _-- lFr~ 2570 2565 . . . . . . • ~ OPAC • LINES HIGH WA . . . . . . 2560 . . . . . . • 112 LF. iV ~ ~~ 197. 8 ~~. 2555 . . CON CAP . . SEE AIL . 2550 4. . SECTION B-B RECEIVED OCT 2 51994 WATER REoOURGEB WESTERN R@GION - - ,~. FROM Star USGS Quad. Map Sec. 1 T.3N., R.1 W., B.M. Ada County, Idaho IN Fivemile Creek IN~NEAR Meridian, Id. Ada COUNTY, Idaho DATE: 10/19/94 SHEET 3 OF 4 APPLICATION BY: Steele & Sons Limited Liability l,o. ~IC~:dITY I~AP • N. M PLAN as-~ wwF~ PLACE IN CENTER ~ SEWER PIPE OF SLAB SEC11ON TYPICAL CANAL AND STREAM CROSSING DETAILS RECEIVED OCT 2 5 X94 WATER RES+~URCES WESTERN RE410N N. i rKUM Jtar u~~~ ~tuaa. neap Sec. 1 T.3N., R.1 W., B.M. Ada County, Idaho IN Fivemile Creek IN/NEAR Meridion, Id. Ada COUNTY, Idaho DATE: 10/19/94 SHEET 4 OF 4 APPLICATION BY: Steele & Sons Limited Liability LO. ~C~~~FTY ~~ • • MERIDIAN CITY COUNCIL ~ OCTOBER 4. 1994 The regular meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: MEMBERS PRESENT: Max Yerrington, Walt Morrow, Bob Corrie, Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Bob Miller, Lany Morgan, Art Garcia, W.K. Nichols, Lester Moore, Thomas Geile, Charlotte Kila, Malcolm Macloy: MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 20, 1994: Kingsford: Any corrections, deletions or additions to those minutes? Tolsma: I move they be approved. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the September 20, 1994 minutes, all those in favor? Opposed? MOTION CARRIED: All Yea MINUTES OF SPECIAL MEETING HELD SEPTEMBER 27, 1994: Kingsford: Any corrections to those minutes? Yerrington: 1 move for their approval. Corrie: Second Kingsford: Moved by Max, second by Bob to approve of the special meeting minutes of September 27, 1994, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED AT SEPTEMBER 20, 1994 MEETING: STUBBLEFIELD CONSTRUCTION REQUEST FOR EXTENSION ON TUMBLE CREEK SUBDIVISION: Kingsford: We have received a letter from Mr. Stubblefield asking that be tabled until the first meeting in November. Morrow: So moved ~ ~ Meridian City Council -- October 4, 1994 Page 2 Tolsma: Second Kingsford: Moved by Walt, second by Ron to table the Stubblefield Tumble Creek Subdivision until the first meeting in November, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: 1 have a question, I am concerned. According to the Planning and Zoning Administrator the preliminary plat has not been approved. My question is why are (inaudible) this? Kingsford: The reason for that continuance they are asking for as their legal staff as is with our legal staff is to whether or not it was approved. Our contention is that it is not and their contention is that it is. They are going to resolve that hopefully if attorneys can work together in 4 weeks perhaps we will know. Corrie: Thank you. ITEM #2: TABLED AT SEPTEMBER 20, 1994 MEETING: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR TURTLE CREEK SUBDIVISION: Kingsford: Counselor, have you reviewed those? Crookston: Yes I have. Kingsford: Any problem with those covenants? Crookston: The last version that I have read were one, I think there were a couple of corrections that I sent letters to Mr. Steele on, I don't know that I have all of them. I have seen the final correction, there was not a legal description with it. Kingsford: So your recommendation is we table until we have them complete. Morrow. So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to table the CC&R's for Turtle Creek until the next Council meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ~ ~ MERIDIAN CITY COUNCIL MEETING: October 4.1994 APPLICANT: TURTLE CREEK SUBDMSION AGENDA ITEM NUMBER: 2 REQUEST: TABLED AT SEPTEMBER 20,1994 MEETING: COVENANTS. CONDITIONS AND RESTRICTIONS FOR TURTLE CREEK SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS ~~'o ~~r ~~~~ ~~ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Meridian City Council September 20, 1994 Page 11 Johnson: We are certainly agreeable to work with Gary on the finer details of this and prior to his signing the final plat. Kingsford: Other questions for Mr. Smith? Do you have questions for Shari? Morrow: Everything is fine according to her. Kingsford: Do you have a motion? Morrow: Mr. Mayor, I would move that we approve the final plat subject to staff conditions for the Landing No. 8. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the final plat of the Landing No. 8 subject to staff approving their conditions, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED: STUBBLEFIELD CONSTRUCTION: REQUEST FOR EXTENSION ON TUMBLE CREEK SUBDIVISION: Kingsford: It has been asked to be tabled again by the developer, Stubblefield Development pending a meeting with staff and interested parties. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to table Stubblefield, Tumble Creek Subdivision, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #5: TABLED: FINAL PLAT: TURTLE CREEK SUBDIVISION NO. 1, 73 LOTS WITH A DEVELOPMENT AGREEMENT BY STEELE AND SON: Kingsford: Does Council have questions of staff or the developer on that? Morrow: I guess my questions would be, refresh my memory, why was it tabled at the last meeting? • Meridian City Council September 20, 1994 Page 12 Kingsford: Shari, do you have that information, why was that tabled at the last meeting? Stiles: Mayor and Council members, I believe it was tabled, part of it was the access problem to the north, a development agreement was required, the landscape strip was shown as being 5 feet. I wasn't' aware that the CC&R's had been submitted and (inaudible) on the agenda tonight. There is a letter, it was in your box but it wasn't in there until today, Gary Lee has addressed the items. He met with me, the developer and Gary Lee met with me and went over all of those items and I believe they have satisfied my concerns. Morrow: According to my notes, part of the reason for tabling this last time was coordination with the adjoining subdivision on the north, has that occurred? Kingsford: That is what I was going to ask Mr. Lee, maybe if we can get you up here Gary. What is the status of that coordination with Stubblefield Development, the street access. It causes them block length problems and to a lesser degree you guys. Lee: On Thursday, after Tuesday night's Council meeting which was the 8th, John Steele, the developer sent a letter to Mr. Stubblefield requesting a meeting to coordinate that access condition. He has also called him try to get his input on the stub street and was not successful in meeting with Mr. Stubblefield. So that prompted myself and Mr. Steele and through our meeting with Shari Stiles to review what could be done with our subdivision preliminary plat to accommodate access points to that property to the north. And we believe we have come up with a solution. We would at least recommend and would be willing to make the change to accommodate that access point into his property. And I believe at this point in time with the state of the parcel north of us that is about the best we are going to do. We will be able to provide the 2 stub streets and limit that block length problem. Kingsford: Any other questions for Mr. Lee on that subject? Corrie: There is not going to be, exceed 1000 foot is it, the new block length, is it going to be over 1000 feet? Lee: No, it won't with my suggestion in my letter. Kingsford: And likewise the Stubblefield Development, if they use those stub streets theirs would not exceed 1000 linear feet either. Lee: That is right. • Meridian City Council September 20, 1994 Page 13 Stiles: It might slightly exceed the 1000 feet but to line up with the one stub street they had proposed it is just about 80 feet maybe. Lee: That is Monaco Street, it is in our Phase 2. Kingsford: Any other questions for either Mr. Lee or Shari? Morrow: Did you have any additional comments Shari? And you are satisfied everything has been taken care of? Stiles: Yes Kingsford: The landscape section, that meets with your approval as I recall. Stiles: Yes, they have revised that to 20 feet. Kingsford: Any other questions for staff? Morrow: Does Gary have any comments, everything is fine with you? Corrie: That land strip along North Linder Road, that was a 10 foot wide on the plat. Lee: We revised the plat. Kingsford: What is the Council's pleasure? Morrow: Mr. Mayor 1 move we approve the plat for Turtle Creek Subdivision No. 1 subject to staff conditions and development agreement. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the final plat for Turtle Creek Subdivision No. 1 subject to staff conditions being met and development agreement being signed, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: TABLED: SCOTT SWANBY: REQUEST FOR A TEMPORARY TRAILER AT 1901 E. LANARK: Kingsford: Item 6 has been asked to be removed, the request of Mr. Scott Swanby his no ~ i Meridian City Council September 20, 1994 Page 41 Stiles: I believe so, Wayne Crookston has not reviewed it. Kingsford: A requirement then would be subject to Wayne's approval. Corrie: So moved Morrow: Second Kingsford: Moved by Bob, second by Walt that we approve the development agreement for The Hollows subject to legal counsels review and approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: ORDINANCE #671 -THE HOLLOWS ANNEXATION: Kingsford: AN ORDINANCE OF THE CITY OF .MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #671 read in its entirety? Seeing none I will entertain a motion. Tolsma: I move we approve Ordinance #671 with suspension of the rules. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve Ordinance #671 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #20: COVENANTS, CONDITIONS AND RESTRICTIONS FOR TURTLE CREEK SUBDIV{SION: Kingsford: Counselor have you reviewed those? Crookston: I reviewed them one time and gave them to Will, he sent them to the developer and the developer sent them back to me without any changes from what I had reviewed i Y i Meridian City Council September 20, 1994 Page 42 the first time. Kingsford: Move for table. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to table the CC&R's for Turtle Creek Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #21: TUTHILL ESTATES NO. 2 SUBDIVISION: DEVELOPMENT AGREEMENT: Kingsford: I understand that has been requested for table, is that true? Entertain a motion to table that. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to table the development agreement for Tuthill Estates No. 2, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #22: COVENANTS, CONDITIONS AND RESTRICTIONS FOR FAWCETT'S MEADOWS SUBDIVISION NO. 1: Kingsford: Counselor Crookston: Those are approved, I have reviewed. Kingsford: We need a motion Morrow: Mr. Mayor I would move that we approve the covenants and restrictions for Fawcett Meadows Subdivision No. 1 as written as changed. Tolsma: Second • Meridian City Council September 6, 1994 Page 12 U on one of these 2 lots, I believe it is lot 2 for a secondary access coming in off of Ustick, until such time as this develops out to the west because there will only be one access. Gary had that in his comments and I responded to him whether he wanted it on the face of the plat or the covenants or a separate agreement we are willing to do whatever he wants to assure that. Kingsford: Other questions for Mr. Merkle? Morrow: I have a question of Gary, was it not these 2 subdivisions that we were having trouble with a hole that was fu11 of irrigation water and breeding mosquitos? Was that involved in this particular subdivision? Smith: Mr. Mayor, Council members, Councilman Morrow, this same developer it is not the same subdivision. The subdivision in question is over on Locust Grove Road, Chamberlain Estates on the east side of Locust Grove. Morrow: Has that been solved by the way? Smith: No it has not. I sent a letter to the developer today requesting some action that I suggested some suggested action that previous conversations and phone calls and the work they have done out there is not resolved the problem. Kingsford: Other questions of either staff or Mr. Merkle? Is the Council prepared to take action? Corrie: I move we approve the final plat of Granite Creek Subdivision with the provision that the comments of the City Engineer and City Planner be completed before signing. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve the final plat of Granite Creek Subdivision conditioned upon the City Engineer and City Planner's comments being met, all those in favor? Opposed? MOTION CARRIED: Aii Yea ITEM #13: FINAL PLAT: TURTLE CREEK SUBDIVISION NO. 1, 73 LOTS BY STEELE AND SON: Kingsford: Does the Council have questions or comments on that? Meridian City Council September 6, 1994 Page 13 Morrow. 1 would like to hear a brief presentation by the developer. Lee: My name is Gary Lee with JUB Engineers, we represent the client Steele and Son. This phase of Turtle Creek subdivision No. 1 consists of 73 lots on about 22 acres with a density of about 3.25 on this development. It is in substantial conformance with the approved preliminary plat (inaudible) July. The plat comments that the City staff has made I believe most of them are technical in nature and we can address the concerns they have with the exception of possibly item 1 on the City Engineer's list which addresses the landscape strip along North Linder Road. The preliminary plat was approved with a 10 foot wide strip and it was our understanding at the time that the 10 foot common lot along with the adjacent right of way available would be adequate for the buffering. That is the way the preliminary plat was approved. And that is how the final plat has been presented to you. The same comment was made by Shari Stiles regarding the landscape buffering as well. Item 7 on Shari's comment list is a little unclear to me, the preliminary plat was prepared in conjunction with adjoining properties and at that time there was a preliminary plat that was called Tumble Creek which we coordinated the street design and made available the block split at that particular. point. So I guess there are some unclear items about the 1000 foot (inaudible). During the design phase which we haven't submitted the the City Engineer at this point, we have run into a little bit of a snag with the sanitary sewer system and to resolve that conflict we had to provide sewer access to the east of the project. The original concept was to go through that Tumble Creek Subdivision north of us. But due to some scheduling problems we had to re-route the first phase sewer. As a consequence to that we had to add a 20 foot common lot to get access to that sewer which is on the east side of Five Mile Creek or the east side of Linder Road. So consequently we adjusted the plat to accommodate that 20 foot strip, I just brought these along to show the Council (inaudible) for sanitary sewer easement. The balance of the subdivision is identical to what you have seen in your packets. The only adjustment has been the 20 foot strip and we accommodates by sliding some of the lots around that first phase and actually had to eliminate to make room for that 20 foot strip. So if you have any questions 1 would be glad to entertain them at this point. Kingsford: Questions for Mr. Lee? Tolsma: Mr. Mayor I have one, have you pursued that pressurized irrigation any more(inaudible). And also talked to Mr. Stubblefield over there about it, about have they had any designs or anything that they have proposed as far as what size of pumps they need or where it is going to be or are they going to use the water out of Five Mile Creek (inaudible). Lee: We have met with both Settler's trrigation and Nampa Meridian Irrigation District about that issue. And it was the opinion of Nampa Meridian that we should located that • • Meridian City Council September 6, 1994 Page 14 pump station on the Five Mile Creek. By doing that it allows us access to waters that wouldn't be available during normal irrigation seasons. So it will take care of the water in the spring and fall of the year. But yes we are in the middle of doing a design for that facility and yes we do want to talk to you about sizing those pumps. It would be a good opportunity for the City to participate I suppose to a certain amount in developing a pump station that can do both Tully park and the subdivision. And at some future date it could be expanded to even take care of Tumble Creek. Tolsma: Lot 6 here that would probably (inaudible), this walkway type situation here (inaudible). Lee: It could be, we haven't designed the distribution pipe on that yet, but we've got to cross Linder Road in some fashion and that would be as good a place as any. But our experience has been the pipe fine is routed along the back of the lots. But is under design consideration and I do want to talk to you: Kingsford: Other questions for Mr. Lee? Tolsma: One other one, on this 1000 foot, this stub street, this I think was (inaudible). The stub street still goes through for Tumble Creek Subdivision right? Lee: That is our intent, of course phase 1 doesn't address that but when we get into that second phase that is where we would like to go. Kingsford: And that does line up with the street that Tumble Creek has coming out of Lee: (Inaudible) original preliminary plat, I haven't seen the revised one or the modified plat, I assume it is in the same location. Tolsma: Tumble Creek's middle section will still line up with (inaudible). Kingsford: They have got some problems with block length that I think maybe would be a good idea if your engineer got with their engineer and see if there couldn't be 2 streets to go through there or something. They have some confinements on Ustick and Linder and to the east. Here is an opportunity that is a better access to go through the 2 subdivisions. I think that you need to coordinate that perhaps with them_ Lee: Maybe we can shift one around and put a second one in somewhere. Kingsford: Remedy their block length problem and possibly yours as well, I haven't scaled that. Any other questions or comments of Council? • Meridian City Council September 6, 1994 Page 15 • Morrow: 1 have some of Gary and Shari, I would like to hear their thoughts. Smith: Mr. Mayor, Councilman Morrow. Morrow: Item #17, there seems to be a conflict between what Mr. Lee is discussing and what your comment is. Smith: I guess the reason that I raised that question is because of what we have been requiring on other plats that are on section line roads that have a 90 foot right of way. And I concur with Mr. Lee that it wasn't brought up at the preliminary plat at least I didn't bring it up at the preliminary plat stage I don't believe. But the concern has been to get an adequate berm to provide a barrier to what could be a 5 lane roadway at some point in the future. That would be 4 travel lanes with a center turn lane. And whether or not we are all here to see that happen remains to be seen but I think that the plan is to be able to provide that kind of a street section at some point in the future and the section in our ordinance that Dave Collins quoted earlier concerning barriers to this type of distraction you might say. I do request a 20 foot wide strip. This has been provided in a couple different ways one, in several places is being provided as a planting strip easement, in other places it is being provided as a common area lot would contain the berm. I recall on Candlelight subdivision on North Ten Mile Road they had a 40 foot wide plant strip there. It is an easement in that case but it was platted as a 40 foot wide and if you notice when you travel North Ten Mile that berm is substantial in size. Kingsford: On that subject I just offer up that the property to the immediate north of there that is an issue there too. Whether it be 10 or a common lot or an easement, so what you address here is going to carry onto the north as well. Other questions for Mr. Smith? Morrow. 1 have none, I have a couple of questions of Shari with respect to her comments. Would you review your thoughts on items 2 through 7 for me please on your letter of September 1st. Stiles: Mayor and Council, Councilman Morrow, #2 is concerning the landscape strip, we have been requiring the 20 foot landscape strip on all of the developments who come in, particularly on the Section line roads. It is specifically mentioned in the findings and I would ask that if that is not going to be continued that it not be put in the findings because that is what I have to use for the development agreements. Buffering along the east boundary, that was requested in my first letter and that was because the larger parcels there to protect them from all the homes in their backyard. Perimeter fencing has been required in all of our development agreements because of the trash blowing even during the street construction there has been a problem. The development agreement has been required on everything that has been annexed since September of last year. Number 6, • Meridian City Council September 6, 1994 Page 16 • secure approvals from the appropriate irrigation district's. We have also had problems in the past of people either covering up the ditches completely or treating the ditches in a way that has not been approved by the irrigation district's. So in order to have that in our files that is why 1 request that. Morrow: Number 7 is the one that (inaudible). Stiles: Number 7 was more of an informational, sorry Gary I didn't' mean to catch you off guard, I tried to call him this afternoon. It seems to be a problem with this subdivision and the one to the north that there will be approximately 500 homes and only one access between the 2. And the excessive block lengths. For pedestrian and emergency vehicles I know we can't require them to do that but I would like to see if Mr. Lee could work with his client and at least have one additional street going through there so they are not having to go clear out to the main roads to go in between the subdivisions. Kingsford: Other questions for Shari? Corrie: Mr. Mayor, Shari your #2 comment and Gary's #17 (inaudible) you are saying 5. Stiles: He is showing it as only 10 feet wide and I believe it was f feet wide on the last submittal that we got. Kingsford: Any other questions of the Council? Morrow. Comment, (End of Tape) I think that this kind of falls into the same category as Haven Cove did earlier, I have a problem of things that Gary and Shari have alluded to and that Gary Lee has talked about in terms of coordinating with the subdivision that is immediately to the north. It also I am reasonable certain that within the not too distant future Linder Road will be a five lane road and I don't' think a 5 foot or a 10 foot berm is adequate. It looks to me like there ought to be some coordination so that we as a Council are not forced back into a corner on one subdivision or the other. And that those alignments make good sense to me from the standpoint of 500 homes with one cross street becomes by default almost a collector or could be. It seems to me that we need some coordination there and it might be to the City's benefit to table for a couple weeks to allow for those things to be worked out. Kingsford: Any other comments of the Council? Are you prepared to take an action? Morrow: I would move that we table this plat for 2 weeks to allow for some coordination for our staff, the developer and the developer of Tumble Creek. t ~. • • • Meridian City Council September 6, 1994 Page 17 Corrie: Second Kingsford: Moved by Walt, second by Bob to table Turtle Creek Subdivision No. 1 until the next Council meeting, requesting that the engineers coordinate some things and work with staff, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: FINAL PLAT: FIRE LIGHT ESTATES SUBDIVISION, 27 LOTS 6Y RUNNING BROOK ESTATES ING: Kingsford: Does Council have questions on that issue? Morrow. Again I would like to see a short presentation. Kingsford: Is the developer or representative here? Smith: Mr. Mayor and members of the Council, my name is Gene Smith, I am with Hubble Engineering representing the applicant in this matter. Fire Light Estates is a 27 lot subdivision, single family subdivision located on Ten Mile, west of Ten Mile South of Ustick. The final plat is in general conformance with the approved preliminary plat which was previously approved by City Council on July 19. We have received read and can comply with the staff recommendations which are in your packet. I would be glad to answer any questions or concerns you might have. Morrow: Those staff recommendations are the ones that were memorandum from Gary Smith our City Engineer dated September 1st and from Shari Stiles the Planner dated also September 1st, you are in agreement with both of those? Smith: Correct. Kingsford: Any other questions of the Council? Questions for staff? Morrow. I have none they have agreed to the conditions that our staff has asked for and so, Kingsford: is there a motion? Morrow Mr. Mayor I move that we approve the final plat for Fire Light Estates subdivision subject to meeting the conditions of City staff. • MERIDIAN CITY COUNCIL MEETING: September 6 1994 APPLICANT: STEELE AND SON AGENDA ITEM NUMBER: 13 REQUEST: FINAL PLAT• TURTLE CREEK SUBDIVISION NO 1 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS 2p SEE ATTACHED COMMENT v ~,~1 I"'' SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: • • HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA I v S CITY OF MERIDIAN ROBERT D. CORR E P.E. City Eng eer GARY D. SM TH WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 88813433 • FAX (208) 887-4813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM September 1, 1994 To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer~~ec'O A • ~~~"""- Re: TURTLE CREEK SUBDIVISION NO. 1 (Final Plat) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the application during the hearing process: The Preliminary Plat for this development was previously approved by the Meridian City Council on July 19, 1994. This Final Plat is in general conformance with the approved Preliminary Plat. 2. Please provide a statement of conformance with the approved Preliminary Plat, and meeting all requirements or conditions thereof. Please provide a statement of conformance with all requirements and provisions of the Subdivision and Development Ordinance. 4. Please provide a statement of conformance with acceptable engineering, architectural, and surveying practices, and local standards. 5. Please provide Ada County Street Name Committee letter approving the Subdivision Name, Street Names, and Lot & Block Numbering. Make any revisions necessary to conform. 6. The following Lots don't meet the minimum 80 foot of frontage as stipulated by the R-4 Zone: Lot 2 Block 2, and Lot 10 Block 6 on the N. Springtime Ave. frontage. Lot 10 Block 6 shall have a note placed on it that restricts the placement of a home to front on W. Lonesome Dove Street. 7. What is the purpose of Lot 2 Block 6? 8. The Storm Water Drainage Easement noted in the plat note #6 needs to be dimensioned • on the applicable Lots. Please provide a letter from the Ada County Highway District, agreeing to maintain the physical storm drainage system. 9. How does the 15 foot wide imgation easement affect the standard 10 foot wide utilities, drainage, and imgation easement that covers a portion of the same area? This 15 foot wide easement is exclusively for Settlers Irrigation District. A 10 foot wide utilities, drainage, and irrigation easement needs to run along and adjacent to the Settlers easement. Has Settlers Irrigation District agreed to the 15 foot width? 10. Show the existing FEMA Flood Plan boundaries on the Final Plat Map. 11. The Legal Description in the Certificate of Owners needs to have some calls added that establishes the Basis of Bearing. 12. The N 9° 11'16" E call, (Lot 2 Block 5}, in the Certificate of Owners should read N 9 ° 11' 16"~. 13. Lot 6 Block 6 needs to have a 10 foot wide easement along the common lot line with Lot 7, for drainage pipe for 5 Mile Stub Drain. 14. Please indicate, on the plat map, a 50 foot radius temporary turnaround easement, on the east end of W. Lonesome Dove Street. 15. Has the developer filed an application for land use change/site Development with Nampa and Meridian Irrigation District? 16. Please submit the subdivisions covenants for review. 17. The landscape strip along N. Linder Road is only shown as being 10 foot wide instead of the required 20 foot. OFFICIALS 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 7. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TO: Mayor and Council FROM: Shan L. Stiles, Planning & Zoning Administrator DATE: September 1, 1994 SUBJECT: Final Plat for Turtle Creek Subdivision No. 1 1. Submit CC&R's for City approval. COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning 2. Landscape strip of 5' does not meet the requirements of Section 11-9-605 G. 1. 3. No buffering is provided along east boundary for adjacent residential use. 4. Perimeter fencing is required prior to applying for home building permits. 5. A development agreement is required as a condition of annexation. 6. Secure approvals from appropriate irrigation districts and provide evidence of this to the City. 7. Block lengths exceed 1,000 square feet. Originally, this was based on the opinion that Tumble Creek Subdivision would proceed as proposed. Tumble Creek requires replatting to comply with the Zoning and Subdivision Ordinance and the Comprehensive Plan. Roadways/pedestrian access between these two subdivisions should receive additional consideration. HUB OF TREASURE VALLEY • OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA MAX YERRINGTON S n i CITY OF MERIDIAN ROBERT D. CORRIE ear Y O. SM TH P.E. Clty Eng GAR WALT W. MORROW BRUCE D. STUART, Water Works Supt. SHAWCROFT w w t s t HN T t 33 EAST IDAHO SHARI STILES , as a er up . . e JO Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAI~O 83642 W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD 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: August 30. 1994 TRANSMITTAL DATE: 8/12!94 HEARING DATE: 9/6/94 REQUEST: Final Plat for Turtle Creek Subdivision No 1 BY: Steele and Son Ltd Inc LOCATION OF PROPERTY OR PROJECT: West of Linder Road, south of Ustick Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 -CHARLES ROUNTREE, P2 -TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM INAL PLAT)/ _ CITY FILES OTHER: YOUR CONCISE REMARKS: CITY ENGINEER ~-*~ >~-- ~~..~..~,~ CITY PLANNER gg J I,~ t ~...6, V, iLO+.rWlfd}" ni A •} OFFICIALS 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. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator 11S..C~° ~/ ~IMJOHNSON hairman ~ Planning 8 Zoning AUG 1 5 1994 CI'k ~' O i~ ~~,~~ru~~-~,~ 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: August 30. 1994 TRANSMITTAL DATE: 8/12/94 HEARING DATE: 9/6/94 REQUEST: Final Plat for Turtle Creek Subdivision No 1 BY: Steele and Son Ltc~, Inc LOCATION OF PROPERTY OR PROJECT: West of Linder Road south of Ustick Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z -TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C -WALT MORROW, C/C _MAX YERRINGTON, 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 8t FINAL PLAT) U.S. WEST(PRELIM St FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES ~~ J ~- OTHER: YOUR CONCIS~REMARKS: /~ ~ G w(.N • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAI~O 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 /~Lc~~~ ow-t"c- • • SUPERINTENDENT OF SCHOOLS Bob L. Haley ~~~ EXCEII DEP Dan Mabe, Finan e & Administration (q ~'y DIRECTORS 2 ~~~\~~~ ~ Sheryl Belknap, Elementary ~ Jim Carberry, Secondary Q Christine Donnell, Personnel y Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIANSTREET MERIDIAN, IDAH083642 PHONE(208)888-6701 August 17, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Turtle Creek Subdivision Dear Councilmen: ~~~~1~~~ AUG 1 9 1994 CITY OF ME~>UiAl~ I have reviewed the application for Turtle Creek Subdivision and find that it includes approximately 245 homes at a median value of $115,000. We also find that this subdivision is located in census tract 103.10 and in the attendance zone for Linder Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 102 elementary aged children, 74 middle school aged children, and 69 senior high aged students. At the present time Linder Elementary is at 105 of capacity, Meridian Middle School is at 130 of capacity and Meridian High School is at 112 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer services available. In addition we would need to pass another bond issue for the construction of schools. Even if we were willing to use portable classrooms for a year or two, this project would require four classrooms at the elementary level, three at the middle school level and two at the high school level. To build portables ready to occupy by students will cost approximately $40,000 each. As you can see the total for nineteen portables would be $360,000. We would welcome a meeting with you to find ways of mitigating the projected costs to the school district. • We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, ~~ Dan Mabe Deputy Superintendent DM:gr ,., CENTRAL •• DISTRCCT 'HEALTH DEPARTMENT REVIEW SHEET Environmental Health Division Return to: Rezone # Conditional Use # _ Prelimina Final Short Plat /d+'~ G%~~ ~ 1 /~/y. ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ Acz AUG 2 4 19°4 ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. C~T~ U t c~-i.y.~ ~~ ~- ~ ^ 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. After written approval from appropriate entities are submitted, we can approve this proposal for: .central sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~ central sewage ^ community sewage system ^ community water ^ sewage dry lines ,~ central water -~- 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. 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 ^ 13. ~~~~ -~~~ ~i ~ /f'/~5~ch ~~ /.l ~MMG~D!')'77di/.S ~dL Date: ~ /-~~,/.___l_ , ,~f'Gj ~~~ w''r~~'t. /ylf~N/F"+r~ M ~/i ~ Reviewed By: r [DHD 10/91 rcb, rev. II/93 jll CENTRAL . !,• QlSTR1CT ''HEALTH - D E PA R T M E N T MAIN OFFICE • 101 N. ARMSTRONG PL • 80ISE.10.83704 • (208) 315-521 1 • FAX: 321-5~0 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our envvonment. 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) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe 'and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore, Boise. and Ada Counties Ada !Boise County Ofike WIC Boise • Meridan Elmore County Office Elmore Courtly OGke Valley County Ottice iQ1 N. Arrratrong PI. 1606 Rebern 520E 8th Street N, at Envaanmentd t9eaAh P.O.Bax 14.98 3cisee. l0. •83104 Boise. ID. hbunto~ F;ome. ID. 190 S. 4;h Sheer E McC~. ID. 83638 Enviro. Nearih:321-7499 83105 Ph. 334355 83647 Ph. 581.4401 Mowscn Hare. iD. Ph. 634.1194 =cmriy P!ennin~ 3214400 324 Meridian. ID. 83641 Ph. 581.95 r^,,;nun¢anonr.321.1450 83642 Ph. 888.6525 PJurtdion: 321.7460 '.'AC: 327-7488 ~~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, FireChlef W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 Planner fl Zoning Administrator JIM JOHNSON Phone (208) 888-4433 • FAX (208} 887-4813 ~ ~~ (~ O (~ ~~ ®Chairman • Punning & Zoning Public Works/Building Department (208) 887-2211 (C ~V/ GRANT P. KINGSFORD 17 AUG 199~i Mayor NAMPA & MERIDIAN ~~ -,."W:~.','IOCJ DISTRICT 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 Halt, Attn: Will Berg, City Clerk by: Auaurst 30.1994 TRANSMITTAL DATE: 8/12/94 HEARING DATE: 9/6/94 REQUEST: Final Plat for Turtle Creek Subdivision No 1 BY: Steele and Son Ltd Inc LOCATION OF PROPERTY OR PROJECT: West of Linder Road south of Ustick Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z __JiM SHEARER, P/Z -CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE EPARTMENT D POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ~~~~ ADA PLANNING ASSOCIATION CENTRAL. DISTRICT HEALTH AUG 3 0 1934 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT ~ d i `e ~ ~ ~` ° °~ • -' ~ • ~ -- IDAHO POWER CO.(PRELIM & FINAL PLAN U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT] BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS:All laterals and waste ways must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage Leaves -CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review draina e /ans. It is recommended that irrigation water be made avai a e to a eve opments within this District. ampa eri ian rrigation District requires-that a Land Use Chan e/Site Deve opment app ication be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN WALT W. MORROW Bill Henson, ssistant Water Superintendent - Nampa & Meridian Irrigation District • r~ia & ~~e~:idta~ ~fiargatioot 2~c~zict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 5 August 19 9 4 Phones: Area Code 208 OFFICE: Nampa 466-7861 Gary Lee Boise 343-1884 J-U-B Engineers, IriC. SHOP: Nampa 466-0663 250 South Beechwood, Suite #201 Boise 345-2431 Boise, ID 83709 RE: Land Use Change Application for Turtle Creek Sub. No. i Dear Gary: Enclosed please find a Land Use Change Application for.youur use to ..file with the Irrigation District for its review on the above- referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. 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 Steel & Son Ltd. Land Co. City of Meridian enc. '~.. ~ ~ $ ; ,- -~ _. _ -- APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ^i • HUB OF TREASURE VALLEY COUNCIL ME1in8ER5 OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR.. City Clerk JANICE L. GASS. City Treasurar CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE GARY 0. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner 6 Zoning Atlministrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GOROON. Police Chief WAYNE G. CROOKSTON. JR.. Attorney Phone (208) 888433 • FAX (208) 887813 JIM JOHNSON Chairman • Planning S Zorong Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD 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: Aygust 30. 1994 TRANSMITTAL DATE: 8112194 HEARING DATE: 9/6194 REQUEST: Final Plat for Turtle Creek Subdivision No 1 BY: Steele and Son Ltd Inc LOCATION OF PROPERTY OR PROJECT: West of Linder Road south of Ustick Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, 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 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) .INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: >~~~1I•ts~ 1~ AUG 2 S 1~~~1 CiT'Y OF MERMAN ® • STEELE & SONS LIMITED LAND COMPANY, L . C . 410 S. Orchard, Suite 120 -Boise, ID 83706 (208) 342-2638 --- Telephone * (208) 344-9180 --- FAR July 26, 1995 Will Berg 33 East Idaho Meridian ID 83642 Dear Will: I~EC~~i1'Ei~ J ~ L 2 7 133 CITY OF MERIDIAN I stopped by your office yesterday to drop off a check for the extension of the preliminary and final plats on 'i'1urtle .Cr~aek- Subdivision. I left the check. I previously had delivered a $100 check on June 2 to Shari Stiles for extension of the preliminary and final plats on Turtle Creek. Will, I just want to make sure that I have paid the fees for the extension of the preliminary and final plats for Turtle Creek Subdivision. Would you please check and let me know. Very rely yours, Jon M. Steele JMS:bh '' • 1 N W~! 2 ] a ~ I u o~ i ~ a r` ----------- z ~ - ~° " ~_ z ,~. ~ ~,. o ~ - ~ ~ 5 ~~o z - ~ ~ ~ --~ ~~ 1 1 n ~ ~ 1 N ~ . U41 _ r a~onu, ~~s~ , _ ~ r a a~C 1 ~ . w ' ! . ~ aw~r wow • U ~ ~' - .. } s ~ s ~ ~.] i ..., E. ~ Q.' ~ ~ a ~ ~ t 9 • p " " ' ~ A ~ mLLrwn ,~M~'~ ~• • ~ I O ` ~ ~ Z ~`~~ ^- - t ~~ • • RECEI~iIEI) SUBDIVLSION EVALUATION SHEET ~ ~ N ~ 9 1994 CITV OF MERIDIAN Proposed Development Name TURTLE CREEK City MERIDIAN Date Reviewed 12/30/93 Preliminary Stage XXRRR Final Engineer/Developer J-U-B Engr /Jon M. Steele The following SUBDIVISION NAME is approved by the Ada County Enginner or his designee per the requirements of the IDAHO STATE CODE._ `'~~i;~Tt,~ C/ZcZ=(~ ~/'x. - -~y/) est. - 3~ ~ The Street name comments listed below are made by the members of the ADA OOUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following vrovosed street names are approved for use on the vlat: OLD MILL WHITE BIRD MIDDLEBURY FAIR HAVEN CINNAMON DULCINEA SHORTRIDGE SPRINGTIME FAIRLEE REDSTONE HAYSTACK WHITELAW RASPBERRY GREYHAWK TINCUP SNOWRIDGE DARTMOUTH The following vroposed street names are over ten letters in length and cannot be approved unless Ada Count Highway District will verify in writinst that thew will fit on street signs• COLD SPRINGS BUXTON BROOK STOCKBRIDGE BLUE SPRINGS GREEN RIVER RED FEATHER LONESOME DOVE _ The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, Ada County Engineer Ada Planning Assoc. Meridian Fire Dept. John Priester Terri Raynor Representative, t DESIGNEES Date /Z ~~~ ~~ Date ~ ~ q3 Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat°, otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS • RECEI'~U''ED SUBDIVISION EVALUATION SHEET DEC 2 2 1993 CI~'~' OAF 1~tKl~tAN Proposed Development Name TURTLE CREEK City MERIDIAN Date Reviewed 12/02/93 Preliminary Stage ~ Final Engineer/Developer J-U-B Engr. / Jon M. Steele The following SUBDIVISION NAME is approved by the Ada County Enginner or his designee per the requirements of the IDAHO STATE CODE. R. Date 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 Meridian City Street Name Ordinance. The followin¢ proposed street names are approved for use on the plat: OLD MILL WHITE BIRD MIDDLEBURY FAIR HAVEN CINNAMON DULCINEA SHORTRIDGE SPRINGTIME FAIRLEE The following_Eroposed street names are over ten letters in lenstth and cannot be approved unless Ada County Highway District will verify in writinst that they will fit on street signs: COLD SPRINGS BURTON BROOK STOCKBRIDGE BLUE SPRINGS GREEN RIVER RED FEATHER LONESOME DOVE The following proposed names are duplication or sound like existing street names: WHITE CLOUD STONE HILL FRENCH CREEK SILVER CREEK GARDEN The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, OR DESIGNEES Ada County Engineer John Priester ~~~` Date ~Z z Ada Planning Assoc. Terri Raynorw .c.ti--- Date a ~~3 Meridian Fire Dept. Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat gill not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS MERIDIAN CITY COUNCIL MEETING: AUGUST 1.1995 APPLICANT STEELE ~ SONS ITEM NUMBER; 10 REQUEST; REQUEST A ONE YEAR EXTENSION FOR TURTLE CREEK SUBDMSION N0.1 N Y COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: f ~" ~`~ ~~r OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~,r~uJ June 21, 1995 Mr. Will Berg City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Berg: RE: TURTLE CREEK SUBDIVISION NO. 1 Steele & Sons, Developer J-U-B ENGINEERS, Inc. ENGINEERS • SURVEYORS • PLANNERS 250 S. Beachwood Avenue, Suite 201 Boise, ID 83709-0944 208/376-7330 FAX: 208/323-9336 Jl~~~ 2~ ~~~~ ~~s~t~-: Perthe request of the owner/developer of the above-referenced subdivision, we respectfully request that the approval of the final plat for Turtle Creek Subdivision No. 1 be extended one year from the original City Council approval date. We believe the final plat was originally approved sometime in September 1994. Please review this request and schedule for consideration by the City Council. If you require additional information, please call Sincerely, J-U-6 ENGINEERS, Inc. „~~- Gary A. ee, P.E./L.S. Project Manager GAL:Is cc: Jon Steele Project No. 18701-06 f:\projects\18701 \admin\ctyltr2.doc ['r] s ~ ~ 9~~c~ ~! ~ ~ J-U-B ENG1NEERS, Inc. ~~.~ • ~ , ENGINEERS • SURVEYORS • PLANNERS '~ 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208/376-7330 FAX: 208/323-9336 September 19, 1994 Ms. Shari Stiles Planning Director City of Meridian 33 E. Idaho Street Meridian, ID 83642 Transmitted by FAX - 887-4813 Dear Ms. Stiles: RE: TURTLE CREEK SUBDIVISION N0. 1 - FINAL PLAT Per our meeting last Thursday, September 15, 1994, to review your comments concerning the final plat of the above-referenced project,. we wish to re-affirm our conversation. Item No. 1 - Submit CCR's to the City for approval. The CCR's have been submitted and reviewed by the City attorney. In addition, Jon Steele, the developer of Turtle Creek, is making the final revisions per the City's review comments. Item No. 2 - 5' landscape strip along Linder Road. The final plat will be modified to include a 20' wide common lot along Linder Road. This lot-will be landscaped and maintained by the Turtle Creek Homeowners Association. Item No. 3 - Provide buffering along the easterly boundary adjacent to the Cairns and Slagel property. As we discussed, a 6' cedar fence will be constructed to separate this development from their neighbors and will be adequate to meet the buffering requirement. Item No. 4 - Provide perimeter fencing prior to applying for building permits. The developer has agreed to construct a 6' cedar fence along the boundary of Turtle Creek Subdivision No. 1 where it is adjacent to other land owners. Item No. 5 - Preparation of a Development Agreement. The developer had questions about the agreement, which you and he have resolved. The final document is being prepared and will be submitted to the. City for final review and acceptance. Item No. 6 - Secure Irrigation District approvals. Plans are being prepared for submittal to both Settlers Irrigation District and Nampa & Meridian Irrigation Districts for their approval. These plans will include piping of the Settlers Irrigation Ditch, piping of the Stub Drain and installation of a pressurized irrigation system: • ~~-u-B~ _,- Ms. Shari Stiles Engineers Surveyors Planners September 19, 1994 Page 2 Item No. 7 - Block lengths exceed 1,000 feet and a second stub street is required to service the parcel to the north .(Tumble Creek Subdivision - Stubblefield property). The developer has made numerous attempts to meet with the property owner, north of this subdivision, without success. However, we agree that a second stub street, in addition to Monaco, could be added in the vicinity of Lot 8 or 9 of Block 13, as it is shown on the approved preliminary plat of Turtle Creek Subdivision. We hope this letter addresses your concerns and that the Final Plat of Turtle Creek Subdivision No. 1 can be approved at tomorrow night's City Council Meeting. If you require additional information, please call. Your cooperation in this matter is appreciated. Sincerely,. J-U-B ENGINEERS, Inc. L~ ~~~, ary Lee, P.E./L.S. Project Manager GAL:15 cc: Jon Steele Project No. 18701-06 Z0'3Jtld 9€~6 ~Z~ 80Z ~~ uJ September 19; 1994 Ms. Shari Stiles Planning Director City of Meridian. 33 E.. Idaho. Street .:Meridian, ID 83642 Dear Ms. Stiles: 9~:zt b6~ 6t d3S • J-U-B ENGINEERS, Inc. ENGINEERS•SURVEYORS•PLANNERS 250 S. Beachwood Avenue, Suite 201 Boise, ID 83709-0944 208J376-7330 FAX: 2081323-9336 ~~~ ~s~`: SAP' ~~ ~ ~~4~ Transmitted by FAX - 887=4813 RE: TURTLE CREEK SUBDIVISION N0. 1 - FINAL PLAT Per. our .meeting last Thursday; September 15,.1994, to review your comments concerning the final plat of the above-referenced project, we wish to r.e-affirm our conversation. Item No. 1~- Submit CCR's to the City for approval. The CCR's have been submitted and reviewed by the City attorney. In addition, Jon,Steele, the developer of Turtle Creek, is making the final ' revisions per the City's review comments. Item No. 2 - 5' landscape strip along. Linder Road. The .final plat will be modified to include a 20' wide common lot along Linder Road. 'T'his lot will be landscaped and maintained by the Turtle-Creek Homeowners Association. Item No. 3 - Provide buffering along the easterly boundary adjacent to the Cairns and Slagel.property. As.we discussed, a 6'. cedar fence will be constructed to separate this development from their neighbors and will be adequate to meet the buffering requirement. Item No. 4 - .Provide perimeter fencing ,prior, to applying for building permits. The developer has agreed to construct a 6' cedar . fence along the boundary of Turtle Creek Subdivisioxi No. i.where it is adjacent to other land. owners. Item No. 5 - Preparation of a Development Agreement. The developer had questions about the agreement,. which you and he have resolved. The final document is being prepared and will be submitted to the. City for-final review. and acceptance. Item No. 6 - Secure .Irrigation District approvals. Plans are being prepared for. submittal to both Settlers Irrigation District and Nampa & Meridian Irrigation Districts for their approval. These plans will include piping of the Settlers Irrigation Ditch, piping of the Stub Drain and installation of a pressurized irrigation system: £00/Z00 ~ SSIOg '9115 S-II-r 9££6 £Z£ 80Z.$ SZ~ZT fib/6T/60 ~0'3Jtld 9~~6 ~~~ Engineers Surveyors Planners 9Z:Zti b6~ 6T d3S Ms. Shari Stiles September 19, 1994 Page 2 Item No. 7 - Block lengths exceed. 1,000 feet and a second stub street is required to service the parcel to the north (Tumble Creek Subdivision - Stubblefield property). The developer has made numerous attempts to meet with the property owner, north of this subdivision, without success. However, we agree that a second stub street, in addition to Monaco, could be added in, the viciziity of Lot 8 or 9 of Block 13, as it is shown ors the approved preliminary plat of Turtle Creek Subdivision. We hope this letter addresses your concerns and that the Final Plat of Turtle Creek Subdivision No. 1 can be approved at tomorrow night's City Council Meeting. If you require additional information, please call. .Your cooperation in this matter is appreciated. Sincerely.,.. J-U-B ENGINEERS, Inc. L ~~~ ary Lee, P.E./L.S. Project Manager GAL:ls cc: Jon Steele Project No. 18701-06 Eooisoo ~ ~stog '~xa g-n-r sESS ez~ goz$ sz:zr ~sisriso • DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS OF TURTLE CREEK SUBDIVISION DATED: , 1994 RECORDED: INSTRUMENT NO. ARTICLE I The undersigned does hereby certify and declare that it is the owner of the property more particularly described on Exhibit A attached hereto and incorporated herein by reference. These protective restrictions and covenants shall run with the land described herein and shall be binding upon the parties hereto and all successors in title of interest to said real property, or of any part thereof, for a period of thirty (30) years from the recorded date of these covenants at which time said Protective Restrictions and Covenants shall be automatically extended for successive periods of ten (10) years unless the owners of legal title of not less than two-thirds (2/3) of the platted lots, by an instrument or instruments in writing duly signed and acknowledged by them, shall terminate or amend said Protective Restrictions and Covenants and such termination or amendment shall become effective upon filing of such instrument or instruments for record in the office of the Recorder of Ada County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the record of this Declaration in which the Protective Restrictions and Covenants are set forth and all amendments hereof. A. Annexation of Phases. Declarant presently intends to develop Phases I through IV of the property. The annexed property (Phases II, III and IV), at the Declarant's sole discretion, may be used and developed for any purpose allowed under appropriate zoning regulations. Such other phases may be brought within the provisions of this Declaration by Declarant, it's successors or assigns, at any time and from time to time, without the approval of any owner, the Association or its Board of Directors. B. Additional Properties. Subject to the provisions of Paragraph A above, all provisions contained in this Declaration shall apply to the annexed properties in the same manner as if they were originally covered by this Declaration, subject to such modification, changes and deletions as specifically provided in any Supplemental Declaration. C. rocedure_for Annexation. The additions authorized under Paragraph A above shall be made by filing of record a Supplemental Declaration or other similar instrument with 1. • respect to the other properties, or portion thereof, which shall be executed by Declarant or the owner thereof and shall extend the general plan and scheme of this Declaration to such other properties subject to the changes, modifications, deletions and additions as are applicable to such other 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, or 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 of easements and equitable servitude 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 and the owners of lots in said other properties, or portion thereof, shall automatically become members of the Association. Such Supplemental Declaration may contain such additions, modifications or declarations of easements and equitable servitude 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 other properties, or portion thereof. D. Approval for Annexation. In addition to the foregoing procedures, as long as there is Class B membership in this corporation, annexation must have HUD/VA approval. ARTICLE II AMENDMENTS A. By Grantor. Until the close of escrow for the sale of the first building lot in the Property, the provisions of the Declaration may be amended or terminated by Grantor by recordation of a written instrument setting forth such amendment or termination. For the purpose of this Declaration, the close of escrow shall be deemed to be the date on which a deed granting a building lot is recorded in the office of the Ada County Recorder. B. By Owners. Amendment of the Declaration of Protective Restrictions and Covenants requires at least two-thirds (2/3) vote of the lot owners. PROVIDED HOWEVER, such amendments provided for herein. shall be first subject to the approval of Federal Housing Administration and/or the Veterans Administration as long as Class B membership exists. Any amendment must be recorded and the same shall become effective upon the filing of such instrument or 2. • l.~I instruments in the office of the County Recorder of Ada County, Idaho. ARTICLE III PROPERTY USE RESTRICTIONS A. Building Restrictions. All lots in said subdivision shall be known and described as residential lots and restricted to residential use as allowed by current applicable zoning regulations and no structure shall be erected upon any building site therein other than one detached single family dwelling with none of the dwellings erected to exceed two (2) stories in height. B. Type of Build ng. All buildings shall be of frame, stone or brick and shall be maintained in a good state of repair and if other than brick or stone shall be finished and painted and such finish to be kept in good repair. All buildings shall be required to have some stone, brick or stucco on the front of the building. Architectural asphalt shingles, equivalent to PABCO HO-25 CLASS A SLIT or wood shingles or as approved by the Architectural Control Committee are required. The roof pitch for all buildings shall be six-twelve (6/12) pitch or greater. C. Minimum Building Size. Any residential building erected upon said property shall have a floor area required under provisions set by the Architectural Control Committee. In no event shall the required area be less than 1,400 square feet of ground floor area of a one-story house or 800 square feet of first floor area in the case of a two-store house. No split entry buildings are allowed. The minimum ground floor area shall be exclusive of garage, carport, patio, breezeway, storage room, porch and deck floor area. No buildings shall exceed thirty-two (32) feet in height unless approved by the Architectural Committee. All dwelling units must be constructed with a minimum two (2) car attached garage. D. Building Location. No dwelling unit or other structure .(exclusive of fences and similar structures) shall be placed nearer to the building lot lines than permitted by the plat for the property. The subdivision setbacks are as follows: Front: Twenty (20) feet Side: (Interior lot line) five (5) feet per story Side: (Corner lot line) twenty (20) feet. The Architectural Control Committee shall determine the point on the lot lines at which the setbacks are measured. 3. In no event is any building to be located with setbacks in violation of City of Meridian zoning regulations in effect at the time of the recording of these documents. All foundations shall be of a height to assure and provide for proper slope and drainage from all lots. E. Prosecution of Construction Work. The construction of each dwelling and associated structures shall be prosecuted diligently and continuously from time of commencement thereof until such dwelling and associated structures are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within three (3) months from the date of commencement of construction unless prevented by causes beyond the control of the owner or builder and only for such time as that cause continues: F. Movina of Building. Outbuildings. No outbuildings or structures shall be moved onto said real property or building site except a new fabricated structure of a type and design approved by the Architectural Control Committee. Further provided, that a new fabricated building or structure shall have a HUD-FHA structural engineering bulletin issued and in current existence. No trailer houses or mobile homes shall be parked in any street or within building setback lines. No mobile home, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently, nor shall any residence of a temporary character be permitted. G. Billboards - Signs. No sign of any kind shall be displayed to the public view on any residential building site except one professional 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. H. Minim and Drilling Operations. No portion of the property or any lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas, or other hydrocarbons, minerals, rocks, stones, gravel, earth, or steam. I. Excavation, Defac'na of Landscape. No excavation for stone, sand, gravel, earth, or minerals shall be made upon a building site unless such excavation is necessary in connection with the erection of an approved structure thereon. J. Refuse Disposal - Ma erial Storage. No lot shall be used as a dumping ground for rubbish or as a storage site for building or other materials, trash, garbage, ashes and other waste or refuse. Such materials shall be kept only in suitable 4. sanitary containers and shall not be thrown, dumped or otherwise disposed of upon the real estate. All incinerators or other equipment for the storage or disposition of such material shall be kept in a clean and sanitary condition with such material being periodically disposed of as required by appropriate local health authorities. K. Fences - Hed es. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevation between 3 and 8 feet above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at points 25 feet from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. No fence, wall, hedge, or shrub planting which obstructs view shall be placed nearer to the front lot line than twenty (20) feet nor to the street side yard of fifteen (15) feet, but in no case closer to street than building setback line. Fences shall be constructed of dog eared cedar pickets or other approved material. No fence shall be greater than six (6) feet in height above street level. Fences must comply with city ordinance. L. Landscaping. Within thirty (30) days after the completion of construction of the building on a building lot (unless such time is extended by the Architectural Committee for good cause) the Grantee of such lot shall install the landscaping. Landscaping must include the following: 1. Sod for front and side yards of corner lots 2. Sod for front yards of interior lots 3. All front yards to have at least two (2) approved trees having a diameter of at least two (2) inches. A grantee shall maintain the landscaping on his building lot in a neat and attractive condition, including all necessary gardening to properly maintain and periodically replace when necessary the trees, plants, grass and other vegetation. M. Animals. 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. All dogs and cats or household pets kept on these premises shall be properly fed 5. and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. No owner or owners of a building lot may keep more than two (2) domesticated pets on a building lot. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of the property line of any lot, or within five (5) feet of a setback line where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no event shall such structures be visible from a street. N. Sewage Disposal Systems Water and Utilities. No individual sewage disposal systems shall be used and each Grantee shall hook on to the Meridian City Sewer System and pay all charges assessed therefor, including the monthly sewer charge to be paid after connecting to the Meridian City public sewer system, according to the ordinances and laws of Meridian City. Grantee shall submit to inspection by either the Department of Public Works or the Building Department whenever a subdivided lot is to be connected to the sewage system constructed and installed on and within its property. All lots shall use water provided by the Meridian Water Department. No lot shall have an individual water system. Such Grantee agrees at his sole expense to pay connection charges as established by applicable utility entity connecting thereto. The undersigned owner shall not be liable for the cost thereof but may recover funds advanced to utilities after installation. Each owner of a lot shall be responsible for maintaining, repairing and replacing the sewer services and/or public water connection lines which serve the owner's dwelling unit on the lot. Any utility easement which exists for the benefit of the owners of any lot within this development shall be accessible for repair/replacement of said utility line lying within the easement. All utility services shall be underground, including without limitation, telephone, electricity, and cable television. O. Antenna. No television antennae, satellite receivers or radio aerials shall be installed or allowed to remain on the property other than the interior of a unit. P. No Unscreened Vehicles, Boats Campers Other Vehicles and Other Items. No unsightliness shall be permitted on any lot or common area. Without limiting the generality of the foregoing, all unsightly facilities, equipment or structures shall be enclosed within approved structures, or appropriately screened from view. Travel trailers, recreational vehicles (must be less than 26' long, 10' high and 8' wide) , boats, tractors, snow removal equipment, golf carts, garden or 6. • maintenance equipment shall at all times, except when in actual use, be kept in an enclosed structure or screened from view. Refuse, garbage and trash shall be kept at all times in coffered, reasonably noiseless containers which shall be kept within an enclosed structure or appropriately screened from view. Service areas, storage piles, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view. No lumber, grass, shrubs, or tree clippings or scrap or refuse or trash shall be kept, stored or allowed to accumulate on any lot or common area. 4. Liahts. Sound - General. No light shall be emitted from any lot within the property or from common areas 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. R. Zonina Compliance. Each owner shall comply with all applicable zoning, fire and public health and safety codes and ordinances applicable to the owner's building lot. ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE A. Members of th Committee. The Architectural Committee, sometimes referred to as the "Committee," shall consist of three (3) members. The following persons are hereby designated as the initial members of the Committee: Jon M. Steele Dan Dixon John Holland. 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. B. Right of Appointment and Removal. At any time Grantor is the owner of at least ten percent (10$) of the lots, Grantor shall have the right to appoint and remove all members of the Committee. Thereafter, the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to appoint and remove all members of the Committee. In the event of the death or resignation of a member of said Committee a representative will be appointed to fill the vacancy. The powers and duties of such Committee or of its designated representative shall close after all lots have been sold and the building(s) described in Article III 7. • have been completed. Thereafter, the approval described in this covenant shall not be required unless prior to said date and effective thereof a written instrument shall be executed by the then recorded owners of a majority of the lots in this subdivision and duly recorded appointing a representative or representatives who shall thereafter exercise the same powers previously exercised by said Committee. Neither the Committee nor any Member thereof nor its duly authorized Committee Representative shall be liable 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 unless due to the willful misconduct or bad faith of the Committee. No member of such Committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. C. Review of Proposed Construction. No building shall be erected, placed or altered on any building lot in this subdivision until the building plans, specifications and the plat plans showing the location of such building shall have been approved as to location of the building with respect to topography, property lines and finish ground elevation by the Committee. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition on the basis inter alia of aesthetic consideration of color schemes, exterior finishes and materials and similar features and the overall benefit or detriment which would result to the immediate vicinity and the property generally and the other standards and requirements set forth herein. Exterior colors shall be neutral colors only. No green, blue, red, pink, yellow or purple colors shall be allowed on exterior walls. The Committee shall not be responsible for reviewing, nor shall its approval of any plan design be deemed approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. The Committee may act with a simple majority present to fulfill its duties and powers. The Committee shall have full power to approve or disapprove such designs or location within thirty (30) days after such plans and specifications have been submitted. One non-returnable plan must be submitted to the committee and approval or rejection of such plan will be issued in writing. The Committee will charge a review fee, not to exceed $100. 8. ARTICLE V VACATIONS, RELOCATIONS, EASEMENTS The undersigned owners further reserve to themselves, their licensees, successors and assigns, the right and power to vacate and reiocate or to plat new streets by instrument filed of record, as long as the undersigned owner owns each of the parcels which are adjacent to the street, both vacated and relocated, on the new and old right-of-way. Provided, nevertheless, vacation and relocation, easements, rights-of-way and streets allowed hereunder shall be made in accordance with the minimum standards of the State of Idaho, Ada County, and Meridian, Idaho, laws and ordinances and regulations thereunder in relation to platting in effect at the time of the construction of improvements. This provision shall not be deemed to include any provisions or statutes giving any Grantee hereunder the right to object to such variances, relocations, vacations and dedications and such rights of protest are transferred to the undersigned owners hereunder. Where any restrictions, easement or dedication herein vary from the requirements of the subdivision or other ordinances of the city or county having jurisdiction and the requirements of the city or county ordinances relative to subdivision are more restrictive, said more restrictive requirements shall be deemed to be a part hereof as if set forth herein as part of these Restrictive Covenants. This limitation shall apply in particular to locations of public easements and ways where the same are particularly required by such ordinances but not set forth herein. ARTICLE VI VIOLATIONS OR ATTEMPT TO VIOLATE RESTRICTIONS Should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, any other person or persons owning any real property embraced in the said subdivision plat shall use these Protective Restrictions and Covenants either to prevent him or them from doing so or to recover damages sustained by reason of such violation. Any owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. In the event of judgment against any person for violation of this Declaration, the Court may award an injunction against any person 9. for such violation, require such compliance as the court deems necessary, award such damages, reasonable counsel fees and court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. The invalidation of any provision, sentence or paragraph contained in these Protective Restrictions and Covenants by judgment or court order shall in no way affect or invalidate any of the provisions, sentences or paragraphs of said Protective Restrictions and Covenants, but the same shall be and remain in effect. ARTICLE VII TURTLE CREEK SUBDIVISION HOMEOWNERS ASSOCIATION, INC. Marketed as Turtle Creek Subdivision A. Organization of Association. The Turtle Creek Homeowners Association, Inc. (Association) shall be organized by Declarant as an Idaho corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, By-laws and this Declaration. Neither the Articles nor the By-Laws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with the Declaration. B. Membership. Each owner (including Grantees and Declarant) of a lot, 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. C. Votina. The Association will have two (2) classes of voting memberships. 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 owner. 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 (i) vote be cast with respect to any lot. 10. • • 2. Class B. The Class B member shall be the Declarant. Upon the first sale of a lot to an owner, declarant shall thereupon be entitled to four (4) votes for each lot of which declarant is the owner. The Class B membership shall cease and be converted to Class A membership when seventy-five percent (75$) of the lots are deeded to homeowners or on January 1, 2000, whichever event should first occur. D. Board of Directors. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles and by-Laws, as the same may be amended from time to time. The initial Board of Directors of the Association shall be appointed by the incorporators or their successors and shall hold office until the first annual meeting, at which time a new Board of Directors shall be elected in accordance with the provisions set forth in the By-Laws. E. Power and Duties of the Association. 1. Powers. The Association shall have all the powers of a non-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 By-Laws 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 incident to, the proper management and operation of the common areas and the performance of the other responsibilities herein assigned, including, without limitation: a. 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 Declaration. b. Right of Enforcement. The power and authority from time to time in its own name, on its own behalf or in behalf of any owner or owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this declaration or 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. 11. • c. 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 or the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. d. Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules and regulations as the association deems reasonable (the Association rules). The Association rules shall govern the use of the common areas by the owners, families of an owner, or by an invitee, licensee, lessee, or contract purchaser of an owner; provided, however, 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 were a part of this Declaration. In the event of any conflict between any such Association rules and other provisions of this Declaration, or the Articles or By-Laws, the provisions of the Association rules shall be superseded by the provisions of this Declaration, the Articles or the by-Laws to the extent of any such inconsistency. e. Emergency Powers. The Association or any person authorized by the Association may enter upon any lot in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which 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. f. 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 of the health, safety, convenience, and welfare of the owners, for the purpose of constructing, erecting, operating, or maintaining: 12. • i. Underground lines, cables, wires, conduits and other devices for the transmission of electricity for lighting, heating, power, telephone and other purposes; ii. Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes; and iii. Any similar public or quasi-public improve- ments or facilities. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association. g. Duties of the Association. In addition to the power delegated to it by the Articles, without limiting the generality thereof, the Association or its agent, 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: i. 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 all other property acquired by the Association. ii. 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 disposition of any property to satisfy the payment of such taxes. In addition, the Association shall pay all other taxes, federal, state or local, including income or corporate taxes, levied against the Association in the event that the Association is denied the status of a tax exempt corporation. 13. • iii. 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 other property owned or managed by it. iv. Insurance. Obtain, from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies of insurance: A. 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 other 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 person and five hundred thousand dollars ($500,000) per occurrence with respect to personal injury or death, and property damage. B. 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 other person charged with the management or possession of any Association funds or other property. C. The Association shall be deemed trustee of the interest 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. D. Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the 14. • annual assessments levied by the Association. E. Notwithstanding any other provisions herein, the Association shall contin- uously maintain in effect such casualty, flood and liability insurance and fidelity bond requirements of PUD projects established by the U. S. Department of Housing and Urban Development. v. Rule Makina. Make, establish, promulgate, amend and repeal the Association rules. vi. Architectu al Committee. Appoint and remove members of the committee, all subject to the provisions of this Declaration. vii. Drainage Systems. Operate, maintain, repair and replace the landscaped berm, including the sprinkler system installed thereon. viii. Right-of-Way Maintenance. Maintain, repair and replace the landscaped berm, including the sprinkler system installed thereon, and the fence located on the public right-of-way which lies along the boundary of the Property. ix. Irrigation Maintenance. Maintain, repair, and replace all irrigation lines or channels located in or serving the common area, and to pay all maintenance and construction fees of the irrigation district with respect to the property, which amounts shall be assessed against each lot as provided herein. F. Personal Liability. No member of the Board or any committee of the Association, or any officer of the Association, or the Declarant, 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 committee, or any other committee, or any officer of the Association, or the Declarant, 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. 15. • • ARTICLE VIII COVENANT FOR MAINTENANCE ASSESSMENTS A. Creation of the Lien and Personal Obligation of Assessments. The set-up fee, annual, special and limited assessments, together with interest as allowed by the By-Laws or Idaho law, whichever is greater, 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 attorneys' fees incurred in a collection effort, whether or not suit has been filed, 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 assessment shall not pass to his successors in title unless expressly assumed by them. For each lot owned within the Properties, each owner (subject to the provision in paragraph G of this Article VIII) 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 to the Association: 1. Set-up fee to be collected at close of sale in the amount of one hundred dollars ($100); 2. Annual regular assessments or charges; 3. Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided; 4. Limited assessments as hereinafter provided. B. Purpose of Assessments. The regular assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the properties and for the improvement and maintenance of the common area, and to pay the annual assessments of the irrigation district and other financial obligations. C. Special Assessments for Capital Improvements. 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, the cost of 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 have the assent of two-thirds (2/3) of the qualified voters, either 16. • • in person or by proxy at a meeting duly called for this purpose. D. limited Assessments. The limited assessments may be lived 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, including, 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 an 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. E. Maximum Annua Assessment. Until January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual regular assessment shall be one hundred dollars ($100) per lot, to be billed and paid annually. 1. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased each year not more than ten percent (10$) above the maximum assessment for the previous year without a vote of the membership of the Association as provided below. 2. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above ten percent (10$) by a vote of three-fourths (3/4) of the owners who are voting in person or by proxy, at a meeting duly called for this purpose. 3. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. F. Notice and ouorum for any Action Authorized Under this Article. Written notice of any meeting called for the purpose of taking any action authorized under this Article shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast forty percent (40$) of the votes 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. 17. • G. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a semi-annual basis; provided, however, that during the time there is a Class B member, such Class B member's obligation shall be limited to the difference between the amount of regular and special assessments levied against all lots not owned by Declarant and the amount of the Association's actual expenses rather than those sums otherwise due by Class A members. H. Date of Commencement of Annual Assessments - Due Dates. The annual regular assessments provided for herein shall commence as to all lots on September 1, 1994. 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 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. I. Effect of Nonpayment 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 at the rate of eight percent (8~) per annum. The Association may bring an action at law against the owner personally obligated to pay the same or foreclose 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. J. Subordination of the Lien to Mortc,Lages. 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 became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. K. Effect of Nonpayment as Against Mortgagees. No mortgagee shall be required to collect an assessment, and the failure of a lot owner to pay assessments shall not by itself cause a default under an insured (HUD/VA) mortgage. 18. 1 ARTICLE VIII IDENTIFICATION AND USE OF COMMON AREA 8.1 Common Area. The common area granted to the Turtle Creek Homeowners Association, Inc., an Idaho Corporation (marketed as Turtle Creek Subdivision) , for Phase I, is described as set forth on Exhibit 8 attached hereto and incorporated herein by reference. This common area shall be conveyed to the Association free and clear of all liens and title encumbrances (other than easements, taxes, and common restrictions). 8.2 Use. Every lot owner shall be entitled to a right and easement of enjoyment to the common area, and the title to the common areas shall be considered appurtenant to the lot owner's title. 8.3 Mortgage of Common Area. The common area cannot be mortgaged or conveyed to anyone without the consent of at least two- thirds of the lot owners (excluding the Declarant). 8.4 Liability to Lot Owners. No individual lot owner shall have liability for damage to the common area or liability for injury to another arising out of someone's use of the common area, merely by virtue of being a lot owner. IN WITNESS WHEREOF, the undersigned owner has executed this Declaration of Restrictions and Covenants on the day of 1994. STEELE AND SONS LAND LIMITED LIABILITY COMPANY, By Jon M. Steele It's Managing Member 19. 1 ~ • STATE OF IDAHO ) ss. County of ADA ) On this day of , 1994, before me, the undersigned, a Notary Public in and for the State of Idaho, person- ally appeared Jon M. Steele, known or identified to me to be the Managing Member of Steele and Sons Land Limited Liability Company, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. WITNESS my hand and Official Seal. Notary Public for Idaho Residing at My Commission expires: 20. HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. LASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chfef W.L. "BILL" GOROON, Police Chiet WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAk YERRINGTON ROBEAT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning GRANT P. KiNGSFORD Mayor August 15, 1994 Vernon & Feirba Cairns and John and Anna Beth Ernest P.O. Box 23 Meridian, ID 83642 "Courtesy Notice of Awareness" RE: Turtle Creek Subdivision Dear Mr. & Mrs. Cairns and Mr. & Mrs Ernest, It has been brought to our attention that the property listed above is in violation of Ordinance #623 of the City of Meridian. As the owner of this property, you are responsible for complying with the enclosed ordinance involving weeds and waste matters. Please remedy this situation as soon as possible. If there is any problem concerning this, please contact our office. Your cooperation is greatly appreciated. Sincerely, William G. Berg, Jr. City Clerk cc: Steele & Son Ltd, Land Co.