HomeMy WebLinkAboutSherbrooke Hollows Sub No. 2 FPr.,
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT
Council Member
CITY OF MERIDIAN PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 ~ r l~osl ss~-~a t t
RON ANDERSON Phone (208) 888-4333 • Fax (208) 887-41 ~"" v~~~ANNING AND ZONING
KEITH BIRD DEPARTMENT
SEP 2 ~ 1998 c~o81 ss-~-r33
Ci'~ ~' U~, MERIDIAN
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: October 13. 1998
TRANSMITTAL DATE: September 23, 1998 HEARING DATE: October 20, 1998
REQUEST: FINAL PLAT FOR SHERBROOKE HOLLOWS SUB NO. 2
BY: GEM PARK II
LOCATION OF PROPERTY OR PROJECT: East of Locust Grove, North of Victory
_ TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
_KEITH BIRD, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
NT.. '
CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
CITY FILES
~E DEPARTMENT
POLICE DEPARTME
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT-
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
IDAHO TRANSPORTEATA( I~O~PART~~I
ADA COUNTY ANN , / J
YOUR CONCISE REMAR
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REcE~i~
,~ U L 2 6 ~ 1999
MEM014a4 ND U1 Vl cis o~ ~~~
CITY OF MEP1~~~1~ ~ zofi~v~
C1TY CLERK'S OFFICE
TO: Shari Stiles
FROM: William G. Berg, Jr. ~,(,?~
DATE: Friday, July 23, 1999
,,,_e....,~
RE: Site Improvements for Sherbrooke Hollows #2Subdivision,
`~- _- ~. `
t
Please inspect the site improvements that were bonded for completion as per
your satisfaction and specification. Thank you.
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EIYCa~NEERS ~ PLANNER4 ~ $~~/~.~~ 1800 West Overland oad
Boise• Idaho 83705 - 3142
Voice (208) 344-9700
{` Fax (208)345-2950
E-mail BEldaho@msn.com
July 23, 1999
~~~~
Mr. Will Berg
City of Meridian ~ - ~ U L ~ ~ 1~~9
33 E. Idaho Street CITY OF ?'~~IDIAN
Meridian, Idaho b3642
Re: Sherbrooke Hollows No. 2 Subdivision
Dcar Will:
All improvements which required bonding have been completed. Please release the i,etter of
Credit.
Sincerely, '
i
is
BRIGGS ENGINEERING, Inc.
G~ `
Becky L. B cutt
Land Use Planner
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930602\cirymcr-Itr6 ~,
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JUL 23 '99 12 02
TOTAL P.O2
12083452950 PAr,~ ~~
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BRIGGS ENGINEERING, Inc.
• ENGINE~'RS / Pl.ANNtE~3 / SUR1/EYORS
a
9'
Nlay 5, 1999
Mr. Greg Johnson
Clem Pazk Ii
P. U> 13ox 344
M 'di I
Dear Greg: -
Bonding for the Following items:
Street Lights (5) @ $1,500.00/Light .................... .:
......................... $7,500.00
Landscaptng_(Irrigation & Turd .................................... .$15,719.0
~'e-~ ............... 0
2245 LF 6' Chain link (c~ $S.U7/Ll~ .................... ... $11,400.00
$34,619.00
+ 10% 3,46 ] .90
Letter of Credit Total ..................................... $ 38,0$0.90
1GYJOJ~iJC7JVJ t''. eJl
1800 West Overland Road
Boise, Idaho 83705 - 3142
Voice (208) 344-9700
Fax (208) 345-2950
E=mail BEldaho@msn.com
Post-it`" Fax Note 7671 Este ae9ea-
To From
Co.ICept. Co.
Phone # Phone # (,
Fax # ~ I
Fax # `li' ~±
'F~~1
era an, daho 8680
Re: Sherbrooke Ilollows Subdivision No. 2
(better of Credit for the City of Meridian)
Please call me if you have any questions.
Sincerely,
BRIGGS ENGINEFRINCi, tnc,
Becky L. R cuff
[,and Use planner
BLB:tc
9806021GemPark t f-pro
JUN 04 ' 99 1109
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Washington Federal Savings
3197 N COLE RD
BOISE, ID 83704
(208) 378-7330 FAX ~ (208) 378-7399
IRREVOCABLE LETTER OF CREDIT NUMBER 1999-06
To: City of Meridian
33 E. Idaho Street
Meridian, Idaho 83642
Date: February 25, 1999
Gentlemen:
We hereby establish our irrevocable Letter of Credit in your favor for the
account of GEM PARK II PARTNERSHIP up to the aggregate amount of
$_49',006.00 available by your drafts drawn at sight on us presented at
WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION, Main Office, 1001 West
Idaho Street, Boise, Idaho 83701.
Drafts must be accompanied by Beneficiary's signed statement that the
developer has failed to perform or is in default of completing Pressure
irrigation pump station incSHERBROOKE-HOLL-OWS-SUBDIVISION`NOi. 2.
Drafts drawn under this credit must
Washington Federal Savings and Loan
1999-06, dated February 25, 1999 .
endorsed hereon.
bear the following clause: Drawn under
Association Letter of Credit Number
The amount of each draft must be
Partial drawings are permitted.
r
We hereby engage with the drawer, endorsers, and holders in due course of
drafts drawn under and in compliance with the terms of this credit, that
such drafts will be duly honored upon presentation to the drawee bank.
This Letter of Credit expires _February 25, 2000.
Very truly yours,
WASHINGTON FEDERAL SAVINGS
By : _.. ~~`~l ~~~~~~ MAR 0 1 1999
Jo . Pirtle ~1Et~f~?!AN
Vi President aITY E~y(~E
Provisions applicable to the credit:
Unless otherwise expressly stated, this credit is subject to the "Uniform
Customs and Practice for Documentary Credits (1983 Revision) International
Chamber of Commerce Brochure~No. 400" or by subsequent Uniform Customs and
Practice fixed by subsequent Congresses of the International Chamber of
Commerce.
WITH OFFICES IN WASHINGTON, IDAHO, OREGON, UTAH AND ARIZONA
HOME OFFICE: 425 PIKE STREET, SEATTLE, WA 98101 ('_U6) 624-7930
REc~
SUBDIVlSlON EVALUATION SHEET FED i ,~ i~~~
PCi 0~ ~f0
r _ ~, _ G ~~
Proposed Development Name SHERBROOKE-HOLLOWS NO. 3~ City Meridian
Date Reviewed 02/11/99 Preliminary Stage Final XXX
Engineer/Developer BrIQQS Engr. /Gem Park 2
The Street name comments fisted 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.
"EAST VICTORY ROAD"
"E MACKAY DRIVE"
"$ GOLD BAR AVENUE" is approved due to the alignment factor and shall appear on plat
"E. POWDER RIVER DRIVE" is approved and shall appear on the plat
"S. GRIMES CREEK ~yENUE" is approved and shall appear on,~he plat
These findings are subject to recordation of the surrounding properties
~- n ~~~
The above s#re~t' name comments shave been read sand approved by the following agerfcy
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 REPRESENTATNES OR
DESIGNEES n ~
Ada County Engineer
Ada Planning Assoc. Ann Hurley
City of Meridian
Fire District Meridian
vDate 2 /~ l
John Priester
Date
Representative
Representative
Date -~/- ~_
~'~
Date
I
NOTE: A copy of ttiis 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 Ittl
Sub Index Street Index 3N 1 E 20 Section
`/~
NUMBERING OF LOTS AND BLOCKS v.% ~ ~~ ~~' / ~~X ~'~~~i' ~ ~ 1,~5~ /~C~"C If?~
TR\SUeS\SM CITY.FRM ~ ~ j
SUBDIVISION. EVALUATION SHEET ~EcE:~
FED ~ 2 ~~
Proposed Development Name SHERBROOKE°HOCL'OWS N0.4 City M O~l~
'~ ~~~
Date Reviewed 02/11/99 Preliminary Stage XXX Final
Engineer/Developer Briaas Enar. /Gem Park 2
The Street name comments listed below are made by the members of the ADA COUNTY STREET
NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in
accordance with the Boise City Street Name Ordinance.
This is a revised slat for phase 4 h is a smallgr acreage and number of lots than bore
The following existina street names shall appear on the plat
"E. DWORSHAK DRIVE"
"lE ~/Mj /1~1nC~KMAY~DR{~/I-V//~E" /[~{~ ~ /r/)/////~
These findings are subject to records ion of the s~rrounding_aroperties
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 COMMIyT>$E, AGENCY,R~PRESENTATIVES DR
DESIGNEES ~~ // ~ ~~~ ~~
Ada County Engineer
Ada Planning Assoc.
City of Meridian
Fire District Meridian
John Priester
Ann Hurley
Representative
Representative
Date ~ ~ ~~~
Date a - ~ ~~
Date ~-~~~ P ~
Date ~~ ~~
NOTE: A copy of this evaluation'sheetrnust be presented to the Ada County Engin®er at the
time of signing the "final plat", otherwise the plat will not be signed !!!!
Sub Index Street Index 3N 1 E 20 Section
NUMBERING OF LOTS AND BLOCKS ~G~'~~~~;<~" :`'~~~~~~~ ~ ~~ ~; ~ ~ ~ ~ °,~ -; ~.~~~
TRISUB8lSM CITY.FRM
i %~ r
~~ ~~~~~ ~ ~lCJ~°~L~E~
4 Attorneys and Counselors at Law
(208) 388-1000 607 North 8th Street, Suite 310
P. O. Box 639
Facsimile (208) 388-1001 Boise, Idaho 83701
sblawQprimenet.com
cE~D
FED 0 51999
~I~ t~~ IAI•Y
P~ & Z®IlG
Michael T. Spink
388-1092
JoAnn C. Butler
388-1093
February 3, 1999
VIA FACSIMILE
AND U.S. MAIL
Shari Stiles
City of Meridian Planning & Zoning
200 E. Carlton
Meridian, ID 83642
Re: [Sherbrooke_Hollows_Subdivision/City of MeridianlDevelopment Agreement
Our File No.: 293.5
Dear Shari:
Enclosed is an Application for Partial Release of Development Agreement Lien Provision
and a copy of the Development Agreement referred to in the Application. This Application
requests the release and deletion of paragraphs 12 and 13 to the Development Agreement.
My understanding is the City will execute the Partial Release in connection with this
Development Agreement at its City Council meeting of February 16, 1999. It is also my
understanding that the City would record the Partial Release immediately following the meeting.
However, although our client appreciates the willingness of the City to record this Partial
Release, because our client requires the recorded document in order to close a loan on February
17, our client will be happy to record that Partial Release.
Greg Johnson, general partner of Gem Park II, will pick up the executed document on
February 17 from your office, record that document, and return a conformed copy to the City.
Please call if you should have any questions in connection with this matter.
Sincerely,
JCB as
Enclosure
cc: (via fax)
Bill Gigray
Will Berg
Greg Johnson
JoAnn C. Butler
Gity of Meridian
Application for partial release of Development Agreement lien provision
Name of Applicant: JoAnn C. Butler, attorney for Gem Park II
Name of Parties to the Development Agreement:
City of Meridian, a municipal corporation
Gem Park II, an Idaho general partnership
Telephone # and Fax that Developer can be reached by City Clerk:
JoAnn Butler Greg Johnson
FaX: # 388-1 001 ~ 888-9947
Telephone # :388-1 000 ~ 888-9946
Date~of the Development Agreement:_June 1 6, 1 998
Instrument number .and date of recording of Development Agreement:
Inst,#: 98072921
Date; July 30, 1998
I do hereby certify that I am a duly authorized agent of a party to the
above mentioned development and do hereby request a partial release of
the provision of said.development agreement that provide a lien on the real
property that is subject to the development agreement.
Dated this ~~~ day Of February 1 ggg
By: S~ ~~,~~~.~.~
JoAnn C. Butler
Routing Information: `
Once this application has been completed and filed with Planning and Zoning
Department please route the same to the City Attorney's office for the preparation of a Partial
Release of the Development Agreement. The City Attorney's office wi{I then route the same
to the City Clerk's office for signature by the Mayor and City Clerk and by the Developer and
the City Clerks office will then record the Partial Release.
___ . _-
RECORDED-REDUE T 0~
a0A COUNTY RECORDER ~~LQ'~'~r~
_ .1.OAYID HAV RRO
DEVELO)~~~~REEMENT FE f EPUTY
t~~~.so Prt t~zz j° 9807 921
THIS AGREEMENT, made and entered into this ~ day of ~~ 1998,
by and between the CITY OF MERIDIAN, a municipal corporation of a State of Idaho, party
of the first part, hereinafter called the "CITY", and Gem Park II ,and Idaho General
Partnership, party of the second part,. hereinafter called the "DEVELOPER", whose address is
P. O. Box 344, Meridian. Idaho 83642.
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law,and/or equity, of a certain tract of
land,in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and
by this reference incorporated herein as if set forth. in full; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A,
Development Agreements, which provides that cities may enter into development agreements
with developers upon rezoning of land; ariii
WHEREAS, the CITY has passed two development agreement ordinances, one when
land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned,
11-2-417 D; and
WHEREAS, an application for annexation and zoning of that certain property described
in Exhibit "A" was submitted, requesting zoning of Low Densit~Residential District (R-4?
and the DEVELOPER has submitted a subdivision final plat for said property; and
WHEREAS, the DEVELOPER made some representations at the public hearing before
the Meridian Planning and Zoning Commission as to how the land would be developed and what
improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation
or rezoning of property; and
WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this
agreement and acknowledges that this agreement was entered into voluntarily and at its urging
and request; and
WHEREAS, a request was made to the CITY to have the same annexed to said CITY, or
rezoned, and the DEVELOPER has submitted to the CITY a Plat thereof which has been
approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted
and approved Findings of Fact and Conclusions of Law; and,
WHEREAS, the Findings of Fact and Conclusions of Law required that the
DEVELOPER enter into a Development Agreement; and
9b 11021devel-agr
SHERBROOK HOLLOWS 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 llis, its, or their heirs, successors and assigns to
this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area,
as follows:
1. ~ That the above recitals are contractual and binding and are incorporated herein as
if set forth in full, and the terms of this agreement cannot be altered, changed or
modified without the express written consent of the CITY.
2. That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit "A":
a. Submit a subdivision plat application of the property to the CITY to be
approved by the CITY and recorded in the Ada County Recorder" office
prior to any development.
b. That the property zoned R-4 ,described in "Exhibit A", shall have lot
sizes of at least E~ht Thousand (8,0001 square feet, which is the
size represented at the City hearings, and shall meet. all of the requirements
of the R-4 zone including a minimum house size of Fourteen Hundred
(1,400) square' feet, and have no duplex units, townhouses, or patio homes
constricted on said property.
c. ° That there shall be'no change to increase the number of lots or reduce the
size of lots as shown in the preliminary plat by the DEVELOPER and
approved by the City, which is incorporated herein as if set forth in full
herein.
3. That DEVELOPER will file or cause to be filed- with the City Engineer, a
complete set of "Subdivision Improvement. Plans" (Improvement Plans") showing
all streets, utilities, pressurized irrigation facilities, fire hydrants, extensions of
water lines to and along the exterior boundary of such property, landscaping,
drainage, street and other similar signing ._ and barricades, and other such
improvements contemplated within the`development, which Improvement Plans
and all improvements shown thereon shall meet the approval of the City Engineer.
Said Improvement Plans are incorporated herein and made a part hereof by
reference.
4. That DEVELOPER will, at his or their own expense, construct and install ail
961102\devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 2
sanitary sewers, storm drains, pumping stations, water mains and appurtenances,
fire hydrants, curbs and gutters, pressurized irrigation system, electrical
transmission Iines, natural gas Lines, telephone lines, sidewalks, cross drains,
street, street surfacing,. street signs, and barricades as well as any and all other
improvements shown on the Improvement Plans as reviewed and approved by the
CITY.
DEVELOPER agrees that no Certificates of Occupancy will be issued for any
building or use on a lot until all improvements have been installed, completed and
accepted by the CITY for any phase.
5. That DEVELOPER will construct and install all such improvements in strict
accordance-with the filed and approved plat and Improvement Plans, and the City
Standard Engineering Drawings and Standazd Engineering Specifications current
and in effect at the time the construction of said improvements is accomplished.
6. That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what improvements he intends to
complete and the time schedule therefor; and agrees to make such modifications
and/or construct any temporary facilities necessitated by such phased construction
° work as shalt be required and approved by the City Engineer.
7. That DEVELOPER will have "corrected" original drawings of the Improvement
Plans of all said improvements prepazed by a Registered Professional Engineer
and will provide the CITY with said Plans or a duplicate mylaz copy of said Plans.
The Improvement Plans of the proposed improvements shall be "corrected" to
a 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
s 8. That DEVELOPER shall, immediately upon the completion of each of the two
phases of said development, notify the City Engineer and request his inspection
and written acceptance of such completed improvements or portion thereof.
9. That DEVELOPER agrees, that upon a Finding by the City Council, duly entered
in the official minutes of the proceedings of the City Council, that. a portion, or
portions, or the. entirety of said improvements need to be completedJin the interest
of the health, welfaze and/or safety of the inhabitants of the. CITY, the
DEVELOPER will, within a reasonable time as determined by the CITY,
construct said needed improvements, or, if he does not so construct within a
reasonable time after written notification of such Council action, and the CITY
thereafter determines to construct, and does construct such improvement, or
k `
9611021devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 3
improvements, the DEVELOPER will pay to the CITY the actual costs paid or `
incurred by the CITY for such improvements so constructed by the CITY, plus
interest thereon at an annual interest rate equal to the prime interest rate of First
Security Bank of Idaho ~ five percent (5.0%) until paid, said payment to be
made in such manner and under such terms as the CITY shall order after
conference with the DEVELOPER. Provided, however, the City Council shall
not make the Finding set forth in this" paragraph except at a regulaz or special
meeting of the City Council, dull held, and unless the DEVELOPER has been
notified in writing of the time and place of such meeting at least three (3) days
~~ prior whereto and has been given an opportunity to be present in person or by
counsel, and to be heard on the merits of the proposed Finding.
10. That DEVELOPER agrees that upon his, its, or their having received written
notification from the City Engineer, that any of the requirements herein specified
have not been complied with, that the CITY shall have the right to withhold the
issuance of any Certificates of Occupancy within such phase and/or shall have the
right to withhold the providing of culinary water service to any part, parcel, or
portion of such annexed azea until such time as all requirements specified herein
have been complied with; provided, however, the DEVELOPER shall have the
right to appeaz before the City Council at any regulaz 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 aze preserved at law and equity including, but not limited to, the right of
appeal to a court of appeal to a court of competent jurisdiction.
11. 'DEVELOPER agrees that, in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, install the improvements
and declare the: entire cost of said improvements to be immediately due and
payable and may seek to collect such sums in the manner provided by law, or may
pursue any other remedy set forth herein or as may be available in law or equity.
In the event of such declaration, all sums due shall beaz interest at the prime
interest rate of First Security Bank of Idaho, plus five percent (5%) per annum,
until paid.
12. That DEVELOPER. agrees to, and does hereby, grant a security interest iri 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 benning, 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
961I021devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 4
and deliver a partial release of the lien created herein against all or any portion of
the subject land, upon completion of that portion of the total improvements
installed which relates to the percentage of improvements that have been installed
as compared to the total amount of improvements.
13. The CITY fiuther` 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 refquired to secure the° payment of any loan or
advance made to DEVELOPER for the sole purpose of financing the construction
of improvements upomthe 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.
14. The CITY may also require swety bonds, irrevocable letters of credit, cash
deposits, certified checks or negotiable bonds, as allowed under 11-9-b06 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 as security for the construction by the
DEVELOPER of the Project Improvements, the CITY shall require from the
DEVELOPER' irrevocable letter(s) of credit, cash deposit(s), certified check(s), or
' negotiable bond(s) as allowed under Section 1I-9-606 C of the Revised and
' Compiled Ordinances of the Ciry of Meridian, and the CITY shall have the right
to withhold a building permit with respect to any lot within the property until the
same is provided by the DEVELOPER. Said improvements shall include, but not
' be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage
piping, pressurized irrigation system, landscaping and terming, and fencing.
16. That DEVELOPER agrees, in recognition of the unique and peculiar
circumstances relative to this development, to the special conditions set forth in
Exhibit "B" attached hereto and by this reference made a part hereof; and agrees
to construct a perimeter fence azound construction areas to contain debris prior to
any construction, except where roadways and streets for access are located and
except where the CITY has agreed in writing that such fencing is not necessary.
17. That DEVELOPER agrees that those portions of the water main, as identified in
Exhibit "B" hereto, including any water line extensions, increased line size or
capacity, are required because of futwe 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
9611021devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 5
of the cost savings which can be accomplished by construction of such excess
capacity and/or improvements sepazately 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 'thee 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 cleaz 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.
;:
18. That DEVELOPER agrees that no,Certificates of Occunancv will be issued until
all improvements are completed, unless the CITY and the DEVELOPER have
entered into an addendum agreement stating when the improvements will be
completed in a phased development; in any event, no Certificates of Occu,Qancv
shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
19. That- DEVELOPER agrees''that any notice required by this Agreement shall be
deemed delivered if and when personally delivered or deposited in the United
States mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY of Meridian:
City Engineer
City of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
Gem Pazk II
P. O. Box 344
Meridian, Idaho 83642
With copy to:
Wayne G. Crookston, Jr.
33 E. Idaho Street
Meridian, Idaho 83642
A party shall have the right to change its address by delivering to the other party a
written notification thereof in accordance with the requirements of this Section.
The parties may at any time hereafter modify or amend this Agreement by a
subsequent written agreement executed by the parties. This Agreement shall. not,
however, be changed orally, nor shall it be deemed modified in any way by the act
of any of the parties hereto. Nothing herein is intended, nor shall it be construed,
961102\devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 6
F
as obligating a party to agree to any modification of this Agreement
20. That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's of1"ice.
21. All covenants and~conditions set forth herein shalt be appurtenant to and ran with
the land and sha11 be binding upon DEVELOPER'S heirs, successors or assigns.
22. This Agreement shall become valid and binding only upon its approval by the
City Council and execution of the Mayor and City Clerk.
23. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian
and the property hall be subject to de-annexation if the owner or his assigns,
a heirs, or successors shall not meet the conditions contained in the Findings of Fact
and Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian, and the Comprehensive Plan of the City of Meridian which
was approved and adopted on January 4, 1994.
-~
F
961102\devel-agr.
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT.AGREEMENT Page 7
DATED the'date, month and year first appearing.. "
DEVELOPER:
By Gre ~ Johnso is Partner
CITY OF MERIDIAN:
. By
~`J``~`~~,,,,,faf,,~~~~ bert D. Come, Mayor
ry~
r`~~C~~ ~
sy BY
a$~ ~ ` ;William G. Berg, Jr., C Cl
~ .p
~,
''J,~~fJJJ1fffii itltt~~~,`,```
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9611021devel-agr
SHERBROOK HOLLOWS SUBDMSION DEVELOPMENT AGREEMENT Page 8
k
STATE OF IDAHO )
ss.
County of Ada}
~ p~.
On this l~ day of , 1998, before me, the undersigned, a Notary Public
in and for said State, personall p Greg~Johnson ,known, or proved to me, to
be the President and' Secretary'of said corporation that executed this instrument and the persons
who executed the said instrument on behalf of said corporation, and acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and afi'ixed my official seal, the
day and' year in this certificate first above written.
~~• p, L. 9 p d ~cK~I
~~.• GCS,. ~~'G
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jtoTARY ~'~ o Public for Idaho
* s ~'•~' 'I'~ Re iding at: ~e SSG ~ 'ZeQ..
(SEAL) ~ •~. AUgL1G ~ My Commission Expires: S c7-c~'laa
'19 J-~'•• •' O ~
*'•~T8 of 19
STATE OF IDAHO )
E • SS.
County of Ada}
On this s~day of 1998, before me, the' undersigned, a Notary Public
in and for said`State, personally ppeazed ROBERT D. CORRIE and WILLIAM G. BERG, JR..,
-known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed
this instrument and the persons who executed the said instrument on behalf of said corporation,
and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
~~u~~~~~ ~%~~
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~~~«••'s'j~~~•~, Notary ublic Idaho
~T~~ ~ Residing at: ~
ATE } ~ ? My Commission Expires:
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961102\devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 9
# 1.-
C
EXHIBIT "A",
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
GEM PARK II
A parcel of land being a potion of the South '/: of Section 20, Township 3 North, Range 1 East, Boise
Meridian, Ada- County, Idaho, said parcel being more particularly described as follows:
Commencing a4 the iron pin marking the comer common to Sections 19, 20, 29 and 30, T. 3N., R. 1 E.,
B.M., Ada County, Idaho;
Thence N 0°44'50" E 1,327.36 feet to art aluminum cap marking the south 1/16 comer common to said
Sections 19 and 20, said point being the REAL POINT OF BEGINNING;
k
Thence S 89°49'11" E 2,228.88 feet along the north line of the South'/z SW 1/4 of said Section 20 to a
point on the centerline of the Ridenbaugh Canal;
Along said centerline the following courses and distances:
Thence S 20°43'05" E 111.76 feet to a point of curvature;
Thence along a curve to the left 168.45 feet, said curve having a central angle of 12°52'06", a radius of
750.00.. feet, tangents of 84.58 feet and a long chord. of 168.09 feet which bears S 27°09'08" E to a point of
tangency;
Thence S 33°35'11" E 233.60~feet to a point;
Thence S 52°22'11" E 44.27 feet to a point;
Leaving said centerline:
Thence S 0°25'48" W 206.24 feet to a point;
i
Thence N 89°34'12" W 538.36 feet to a point;
Thence S 0°34'22" W 126.54 feet to a point;
Thence N 89°32'04" W 639.99 feet to a point;
Thence S 0°34'24" W 531.00 feet to an Aluminum Cap marking the west 1/16 corner common to said
Sections 20 and 29;
~961102.des
a I °
~.
Thence N 89°34'22" W 388.90 feef along the line common to said Sections 20 and 29 to a point on the
centerline of the Eight Mile Lateral;
Along said centerline the following courses and distances:
Thence N 3°04'10" W 319.40. feet to a point of curvature;
Thence along a curve to the left 155.25 feet, said curve having a delta of 74°07'42", a radius of 120.00
feet, tangents of 90.64 feet and a long chord. of 144.65 feet which bears N 40°08'01" W to a paint of
tangency;
Thence N 77°11'52" W 523.60 feet to a point;
Leaving said centerline: t
Thence S'89°22'14" W 323.49 feet to the line common to said Sections 19 and 20;
Thence N 0°44'50" E 792.41 feet to the REAL POINT OF BEGINNING of this description, said parcel
containing°48.70 acres, more or less.
EXHIBIT "A" 961 toe
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of I
' Q~ °r ~ . . ~ EXI IIBIT ~~B~~ , } ~~ ° ~ m ,
., ~ TO`THE DEVELOPMENT AGREEMENT . , , , `
BY AND BETWEEN THE ` " $ ~ ~ '~ ~ ~~~
.._
s `¢ ~ ,~. ~ ry` TCTTY OF MBRIDIAN,`IDAHO ` t +~:` p ~ ~ s
. P ~ ti ~ ~ u« AND { ,. ~ ~~«~a~K ~ . _ ~ .
' ' `GEM PARK II
i ~
. .. ng
This subdlvislon is for 1~40.Single-Family dwelling units.°°with an overall}density of 2:87 dwe`Ili
units per acre. The. DEVELOPER shall:. 4 ~, ~.~~, . ~..e
1. DEVELOPER shall develop the proper'ty' described rin Exhibit "A" as a 140 lot Single
Family, Residential Development pursuant to § 11-9-b07 of the Meridian ~ Zomng and
Department Ordinance: ~ ~, .. - ; ~ _ ° t* ~ : # g~ ~ ~ ~ ,
.... ~F:
2. DEVELOPER: agrees,:. to comply with` ttie. _requirements 'of° the Meridian Police
Department, Meridian Fire Department,Meridian City Engineer, Meridian Planning
Director, Ada .County Highways District(hereinafter "ACRD"), Central District ,Health
:, ° r
Department and the,Nampa-Meridian Irrigation District: ~ ; _ , `
w ~.. ~.
3. DEVELOPER covenants and agrees that, in connection with° the development of the
Subject Property as may be approved by the CITY pursuant to the Preliminary Plat
Application filed by DEVELOPER, ,DEVELOPER, shall, at its cost and expense,~do, and
perform the following: -,, tt ~ , ; L~,~~ ,_.~ .~
a. Landscanine'-Locust Grove Road and Victory Road.. Construct. a landscape'strip
_~,within the Subject Property, along,tlie full, lengthgof.the Subject Propertyt ad}scent
to the ~ eastn. right-of-way line of ~ Locust Grove Road (`Locust Grove Road
,_~ Landscaping= ), ~ and adjacent to ~ the north right-of-way 'line of Victory Road
("Victory Road ~ Landscaping"). The Locust Grove Road and Victory Road
~ ~ Landscaping shall be a minimum; of .twenty feet~(20') in width,beyond required
ACRD right-of-way: The Locust Groveand $Victory RoadFLandscapirig will- be
landscaped and sprinkler irrigated in,accordance with .a~landscape plan to be
-- submitted by_DEVELOPER and approved~by the CITY.,. ~ -,~.
b. ~ Sidewalk -Locust Grove Road and Victory Road. Prior to obtaining a building
permitron°theMSubject,Property;ideposit.funds with`tlle .Ada-.,County, Highway
.District for construction of "a five-foot-(5') concrete sidewalk~or constntct~along
°tlie .full lengthy of ,the . Subject Property; adjacent to the ;west boundary . of the
.Subject Property' )"Locust;Grove uRoad s~ and~,the south, boundary, Hof the subject
~prope`rry'`("Victory„Road").~The~I;ocust Grove and Victory Road Sidewalk shall
be constructed in accordance with the standards and specifications of the Ada
~~= Coulity +•,Highway 'District= (hereafter ~" ".ACRD") > in ~ effect .. at ~$ ,the ;time of
~ COIlstructl0n. )".~. , ,a~ M rt "i ~ •' a- '~~,, .4 '~ "a+.~ ~.~°~ _.
~.. ~ i s
EXHIBITp"B" 961102
.. __
SHEggROOI{E,HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT ;Page 1 of 4
c. Dedication%Sale of Additional Rid t-of-Way -Locust Grove Road and Victory
Road. Dedicate or sell land adjacent to the existing east right-of--way line of
Locust Grove Road and existing north right-of--way line of Victory Road required
to meet ACHD's requirement for aforty-five-foot (45') right-of--way from the
centerline of Locust Grove and Victory Road, including any necessary bike lanes.
d. Internal Roads.. Construct -the internal roads through the Subject Property as
shown on the final plat at the time of development of the Subject. Property. The
roads shall be in the location and of the dimensions shown on the approved plat
and as approved by Ada County Highway District.
e. Subdivision Plat(sl. DEVELOPER shall timely prepaze, submit, and obtain the
required approval by the CITY of a subdivision plat for the Subject Property, said
plat to be in conformity with the requirements of the Ordinances of the City of
Meridian and State Code and preliminary plat approval.
f. Plan Approvals. Timely submit and obtain the required approval by the City of
all building plans, lighting plans, landscaping plans, and other plans relating to the
development of the Subject Property in accordance with the Meridian City
Ordinances.
g. ComgIiance with ACRD Conditions of Approval. In the development of the
Subject Property, comply with the. terms and conditions of the approval by ACHD
of the development of the Subject Property, as set forth in the ACRD Staff
Report. A master drainage plan shall be submitted to ACHD and shall be
approved prior to construction of the development. In cases where ACHD's and
the CITY's conditions of approval conflict, the conditions which aze more
restrictive shall take precedence.
h. Canals, Ditches and` Waterways. Tile all canals, ditches and other waterways on
the Subject Property and submit evidence of appropriate approvals from the
irrigation district and/or downstream water users, except those waterways which
include the Ridenbaugh Canal, Eight-Mile Lateral and Nine-Mile Drain as
approved by variance by the Meridian City Council,,
Water and Sewer Service. Connect all water and sewer facilities within the
Subject Property to the municipal water and sewer service of the City of Meridian.
All water and sewer facilities constructed or installed by DEVELOPER on the
Subject Property shall be in accordance with plans and specifications therefor
which shall be first approved by the CITY.
Landscaping -General. Construct and install all landscape areas, as shown on
plans to be submitted and approved by the CITY, with sod and sprinkler irrigation
system. AlI shrubs and trees planted on the Subject Property will. comply with the
EXHIBIT "B" 96t toe
SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 4
r
c. Dedication/Sate of Additional Rig t-of--Way -Locust Grove Road and Victory
Road. Dedicate or sell land adjacent to the existing east right-of--way line of
Locust Grove Road and existing north right-of--way line of Victory Road required
to meet ACHD's requirement for aforty-five-foot (45') right-of--way from the
centerline of Locust Grove and Victory Road, including any necessary bike lanes.
d. Internal Roads. Construct the internal roads through the Subject Property as
shown on the final plat at the. timg of development of the Subject Property. The
roads shall be in the location and of the dimensions shown on the approved plat
and as approved by Ada County Highway District.
Subdivision Plat(sl. DEVELOPER shall- timely prepare, submit, and obtain the
required approval by the CITY of a subdivision plat for the Subject Froperty, said
plat to be in conformity with the requirements of the Ordinances of the City of
Meridian and State Code and preliminary plat approval.
f. Plan Approvals. Timely submit and obtain the required approval by the City of
all building plans, lighting plans, landscaping plans, and other plans relating to the
development of 'the Subject Property in accordance with the Meridian City
Ordinances.
g. Compliance with ACRD Conditions of Approval. In the development of the
Subject Property, comply with the terms and conditions of the approval by ACRD
of the development of the Subject Property, as set forth in the ACRD Staff
Report. A master drainage plan shall be submitted to ACHD and shall be
approved prior to construction of the development. In cases where ACHD's and
the CITY's conditions of approval conflict, the conditions which are more
restrictive shall take precedence.
h. Canals. Ditches and Waterways. Tile all canals, ditches and other waterways on
the Subject Property and submit evidence of appropriate approvals from the
irrigation district and/or downstream water users, except those waterways which
include the Ridenbaugh Canal, Eight-Mile Lateral and Nine-Mile Drain as
approved by variance by the Meridian City Council.
Water and Sewer Service. Connect all water and sewer facilities within the
Subject Property to .the municipal water and sewer service of the City of Meridian.
A11 water and sewer facilities constructed or installed by DEVELOPER on the
Subject Property shall be in accordance with plans and specifications therefor
which shall be `first approved by the CITY.
Landscaping -`General. Construct and install all landscape areas, as shown on
plans to be submitted and approved by the CITY, with sod and sprinkler irrigation
system. All shrubs and trees planted on the Subject Property will comply with the
EXHIBIT "B" 961102
SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 4
CITY's landscape requirements, unless otherwise expressly approved by the
CITY.
4. Liehting. All lighting will be designed in`accordance with Meridian Ordinance Section
2-414.D.3 and approved by the Meridian City Engineer. No glare or illumination of
adjacent properties, as determined by the CITY, will be permitted.
5. Maintenance of Landscaping. All landscaping referenced in this agreement shall be
perpetually maintained in a neat, aesthetically pleasing and workmanlike manner by the
DEVELOPER or the Sherbrooke Hollows Home Owners Association.
6. Pressurized'Imgation. Provide pressurized irrigation to all lots within this subdivision.
Evidence of approvals from appropriate irrigation District/canal Company and
downstream water users must be submitted to the City.
7. Fe Cins. Perimeter fencing (required prior to obtaining building permits}. The fence
shall be six feet (6') in height and shall be permanent and constructed ofnon-combustible
materials.
8. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet all Ordinances of the CITY.
t
9. Extension of the Nine Mile Sewer Trunk Line. The 'applicant will be responsible for
extension of the Nine Mile Sewer Trunk line south on Locust Grove from the entrance of
Los Alamitos Subdivision to the subject property. The 12-inch. sewer trunk line will be
extended through the subject property to Victory Road.
10. °Relocation of the Nine Mile Drain. Provide evidence of plan approval from Nampa and
Meridian Irrigation District prior to relocation of the Nine Mile Drain.
11. Block Length. The Meridian City Council granted a variance of the maximum block
length of 1,000 feet on those block's which exceeded the requirement.
a
12. Shipley. Property Drainage. Provide a plan with provisions for a perforated pipe to
°intercept subsurface drainage along the north boundary of the subject property.
13. Pedestrian Bridee. Provide evidence of a deposit in the amount of $15,000.00 to a
trust fund at Ada County Highway District for one-half the cost for a future pedestrian
bridge over the Ridenbaugh Canal.
14. One Story Lots. Lots 2, Block 2 and 2 Block 7 Sherbrooke Hollows No. 1 at the Victory
Road entrance shall be,single story homes. The six (6) lots adjoining the southeast comer
of the_subject property shall be single story to preserve the view corridor.
EXHIBIT "B" 961102
SHERBROOKE HALLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 3 ofd{ 3
<~
_ ae
`ti
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION
OF GEMPARK II, APPLICATION FOR
FINAL PLAT FOR SHERBROOKE
HOLLOWS .SUBDIVISION NO.2, EAST OF
LOCUST GROVE, NORTH OF VICTORY,
MERIDIAN, IDAHO
REcE~i~
FEB 0 4 ~9
CITX ~~.~F N.i~RIDI~`d
PLA1~~tNG & Z(3n'i
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval pursuant to § 11-
9-604 H Municipal Code of the City of Meridian this 20~' day of October, 1998 and the
Council finding that the Administrator Review is complete which has included certain
comments and conditions as stated in a letter to the Mayor and Council from Bruce
Freckleton, Assistant to the City Engineer, fisting 14 Genera(~Comments which are herein
found fair:and reasonable, and the Council having considered the requirements of the
preliminary plat the Council takes the following action:
IT IS'HEREBY ORDERED. THAT:
1.) The Final "Plat o~f Sherbrooke Hollows Subdivision No. 2" as evidenced in
Plat bearing the job reference ~ #980602/SHER2PLT BKB 08/27/98 is Conditionally
Approved subject to those conditions as set forth in the letter to the Mayor and Counci!
from Bruce Freckleton, Assistant to the-City Engineer, listing 14 General Comments, a true
and correct copy of which is attached hereto marked Exhibit "A" and by this reference
incorporated herewith each comment therein as a separate condition of approval.
ORDER OF CONDITIONAL APRROVAL OF
FINAL PLAT FOR GEM'PARK II / SHERBROOKE"HOL'L01NS~
~$UBDIVISION~NO 2~ ;
i
~-
2.) The final development plan upon which the Certification and signature by the
Council which verifies that the development has been approved; and upon which there is
contained the Certification and signature of the City Clerk and the City Engineer verifying
that the development meets the. City's requirements shall not be submitted or signed until
the conditions of this approval herein imposed are met.
By action of the City Council at its regular meeting held on October 20, 1998.
By:
RT D. CORRIE
Mayor, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Departure t.
/~~
ORDER OF CONDITIONAL APRROVAL OF 2
FINAL PLAT FOR GEM PARK ll / SHERBROOKE HOLLOWS
SUBDIVISION NO. 2
9 ` Ld
BY~ ~ Dated: ~' ~ ~ ~
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~ E B - 1 1999
CITY OF MERIDIAN
TO:
F
SF~~TK & BUTLER
607 N. 8`~ Street, Suite 310
P.O. Box 639
Boise, Idaho 83701
208/388-1000
208/388-1001 (fax)
E-mail Address: sblaw(c~,nrimenet.cozn
Bill Gray
~~ #~
~~~
2-2~1~/
cENE~
FEB 0 2 1999
CITY OF 11+IEPc~IDIAN
p~G & ZONING
FAX COVER SHEET
288-2501
CC: Mayor Robert Corrie 887-48I3
Will Berk 884-429
Greg Johnson 888-9947
John Pirtle 378-7399
Scott Thiel 375 X736
FROM: JoAzzn Butler
DATE: February 1, 1999
'TIME: 1:46 PM
RE: Sherbrooke ~Hollows/Development Agreement
OUR FTI,E NO.: 293.5
MESSAGE: Please see the attached letter to William Gigray.
Transmission is 3 pages, including this cover sheet.
Contact Lisa Arnold or Jackie Call-Hildebrand at (208) 388-1000
if the entire transmission is not received.
Original wi11,X will not be sent via U.S. Mail.
Please Deliver Immediately
The information contained in this transmission is atrorney privileged and confidential information which is intended only
for the use of the individual or entity named above, If you have received this communication in error, please call the
person and number named above. Collect calls accepted.
FEB 01 '99 14 35 2083881001 PAGE. 01
;,~
REG~~D
E ~ - 1 1999
CITY OF MERIDIAN
(208)388.1000
Facsimile (208) 388-1001
sblaw~primenet.com
~~~~T~ ~. 1~1CJJ`~'1LE~
Attorneys and Counselors at Law
607 North 8th Street, Suite 310
P. O. Box 639
$oise, Idaho 83701
Michael T. Spinl:
3SS-1092
JoAnn C. Butler
388.1093
February 1, 1999
V1A FACSIIVIILE
William F. Gigray, IIY
Meridian City Attorney
200 E. Carlton, Suite 31
Meridian,lD 83642
}Ze: Sherbrooke Hollows SubdivisionlCity of Meridian/Development Agreement
Our File No.: 293.5
Dear Bill:
As you know, I faxed to your office last week a copy of the Developxent Agreement
between the City of Meridian and the Sherbrooke Idollows Subdivision Developer, Gem Park II.
This document was not drafted by your office.
The document purports to give the City a secuz~ty interest in the Sherbrooke Hollows
property. By giving the City a security interest in the property ro which the City is not legally
entitled, the document (see paragraphs 12 and 13) encumbers rifle to the property such that our
client's lender will not fund a development loaxl scheduled to be closed this Wednesday. The
lender will not, of course, fund a loan without being in a position of first security.
I believe you will agree that the remedy contemplated under the Development Agreement
enabling statute is to cause areversion of a re-zone if the teams of the Development Agreement
are not met by a developer, not to encumber property with a security interest. I also believe the
solution to the situation created by the inclusion of paragraphs ] 2 and 13 in the document, is to
re-record the document without these paragraphs.
I realize that you must raise this proposed solution with the City's Council. I also realize
that it will take some time to redraft a revised ab cement for presentation to the Council prior to
recording. Because this document has put our client in a pressing situation with regard to the
development loan, I am asking that you please raise this issue with the City Council at its hcarino
tomorrow night. X would ask that you present this issue in connection with your department's
report and request that the Council approve the requested change to the Development A~~reement.
We are in hopes that an approval by the Council tomorrow night, with the recording of the
revised Development Ageement to follow, will satisfy our lender's concerns.
FEB 01 '99 14 36
2083881001 PAGE.02
r'
'.
William F. Gigray, III
Febzuary 1, 1999
Pave 2
Please give me a call at youx earliest convenience.
Sincerely,
~~~ ~~~
~ JoAnn C. Butler
JCBaa
cc: (via i'ax)
Mayor Robert Coxrie
Will Berk
Greg Johnson
John Pirtle
Scott Thiel
F
FEB 01 '99 14 36
2083881001
PAGE.03
~~
,.
i
BEFORE THE CITY COUNCIL OF THE
CITY OF MERIDIAN
IN THE MATTER OF THE REQUEST
FOR PRELIMINARY PLAT OF
APPROXIMATELY 4.296 ACRES FOR
PROPOSED SCOTTSDALE
SUBDIVISION BY WOLFE
COMMERCIAL ENTERPRISES, LLC-
SOUTH SIDE OF W. FRANIU.IN ROAD
R ,CEI~~
FE B 0 ~ i9~9
FLAN10TIl1TG &~ ZOlYiNG
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF CONDI-
TIONAL APPROVAL OF
PRELIMINARY PLAT
The above entitled matter coming on regularly for public hearing before
the City Council on the 5'~ day of January, 1999, and appearing at the hearing on
behalf of the applicant was Mr. Van Elg of Briggs Engineering, Inc., and the City
Council having received a report from Shari Stiles, the Planning and Zoning
Administrator, and the City Council having received as part of the record of this
matter the recommendation to City Council of the Planning and Zoning Commission
and the applicant having submitted the latest Preliminary Plat Drawing dated:
December I2, 1998, of the Preliminary Plat of Scottsdale Subdivision by Briggs
Engineering, Inc., submitted for preliminary plat approval and which preliminary plat
for approval application is herein received and adjudged by the City Council pursuant
to Section 11-9-604, Municipal Code of the City of Meridian. Therefore the City
Council makes the following findings:
FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - WOLFE COMMERCIAL, ENTERPRISES.; LLC.
~SCOTTSDALE' SUBDNISION+- 1
FINDINGS OF FACT
1. That the proposed development is in conformance with the
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area
as defined in the Meridian Comprehensive Plan Generalized Land Use Map,
Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December
21, 1993 and, the property is presently zoned R-15, Medium High Density
Residential District, the City Council having approved the applicant's application for
a Re-zone of the subject property to (L-O) Limited Office District, and requires
connection to the Municipal Water and Sewer System. [see Section 11-2-408B(7),
Municipal Code of the City of Meridian.]
2. The preliminary plat is in conformance with the Comprehensive Plan
City of Meridian adopted December 21, 1993, Ordinance No. 629.
3. It is determined that Urban Services can be made available to
R
accommodate the proposed development if the plat complies with the requirements
and conditions hereinafter set forth as conditions of preliminary plat approval.
r
4. The proposed development is a continuity of the proposed development
within the City's Capital Improvement Program and if the conditions which are
requested by the ACHD and as proposed by the developer as stated on the
preliminary plat there will be public financial capability of supporting services for the
FINDINGS .AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - WOLFE COMMERCIAL ENTERPRISES, LLC
SCOTTSDALE SUBDIVISION - 2
~.
proposed development:
k ~ 'i,
5. The development if built in accordance with the conditions and as
proposed, will not create health; safety or environmental problems and there have
been no specifics of any such concerns brought to the Council's attention.
~~ s
6. It is found that the recommendation to City Council or the Planning
and Zoning Commission is reasonable and appropriate for the conditions of approval
of the preliminary plat with a modification of the condition 1.15 as hereinafter set
forth.
7. The applicant has submitted for consideration of this approval an
updated drawing of the preliminary plat herein designated as: "December 12, 1998,
of the Preliminary Plat of Scottsdale Subdivision by Briggs Engineering, Inc."
~~
DECISION AND ORDERc
Pursuant to the City Council's authority as provided in Section 1 1-9-
604E of the Municipal Code of the City of Meridian and based upon the above and
foregoing Findings of Fact IT IS HEREBY ORDERED AND THIS DOES ORDER
the Preliminary Plat-of the applicant as evidenced by December 12, 1998, of the
Preliminary Plat of Scottsdale- Subdivision by Briggs Engineering, Inc. hereby
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conditionally approved with the conditions of approval as follows to-wit:
;~ - ..
I . I Any existing irrigation/drainage ditches crossing the property to
be,included in this project, shall be tiled per City Ordinance 11-9-
FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - WOLFE COMMERCIAL ENTERPRISES, LLC
SCOTTSDALE SUBDIVISION - 3
605.M. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
1.2 Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service per
City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
1.3 Determine the normal high groundwater elevation, and °submit a
profile of the subsurface soil conditions as prepared by a soil
scientist with street development plans.
1.4 Submit copy of proposed restrictive covenants and/or deed
restrictions for review by the Meridian City Attorney.
1.5 Provide 5' wide sidewalks in accordance with City Ordinance
Section 11-9-606.B.
1.6 Submit letter from the Ada County Street Name Committee,
approving the subdivision and street names. Malce any corrections
necessary to conform.
1.7 Coordinate fire hydrant placement with the City of Meridian's
Water Worlcs Superintendent.
1.8 Indicate on the final plat map any FEMA Flood Plains affecting
the area being platted, and detail plans for reducing or
eliminating the boundary.
1.9 Sanitary sewer service to this site will be via the existing main
that traverses through the adjacent development.- Applicant will
be responsible to construct the sewer mains to and through this
proposed development. Subdivision designer to coordinate main
sizing and routing with the Public Worlcs Department. Sewer
manholes are to be provided to keep the sewer lines on the south
FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - WOLFE COMMERCIAL ENTERPRISES, LLC
SCOTTSDALE SUBDIVISION - 4
and west sides of the centerline.
1.10 Water service to this site will be via extensions of existing mains
installed in adjacent developments. Applicant will be responsible
to construct the water mains to and through this proposed
development. Subdivision designer to coordinate main sizing and
routing with the Public Worlcs Department.
1.11 Indicate the existing Eight Mile Lateral easement, as well as any
other ditch easements, on the preliminary plat map.
1.12 Two-hundred-fifty-watt, high-pressure sodium streetlights will be
required at locations designated by the Public Worlcs
Department. All streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire
hydrants.
1.13 Applicant must indicate whether the pressurized irrigation system
within this development is to be owned and maintained by the
homeowners association or the Nampa ~ Meridian Irrigation
District. If the system is to be private, plans and specifications
shall be reviewed by the Public Worlcs Department as part of the
development plan review process. A draft copy of the pressurized
irrigation system O&M manual must be submitted prior to plan
approval. The City of Meridian requires that pressurized
irrigation systems be supplied by a year round source of water. If
a creek or well source is not available, a single point connection to
the culinary water system shall be required. If a single point
connection~is utilized, the developer shall be responsible for the
payment of assessments for the common areas prior to signature
on the final plat by the Meridian City Engineer.
1.14 Applicant to redesign the drainage seepage bed to comply with
Meridian City Ordinance in accordance with recommendations
and/or suggestions of Assistant City Engineer Bruclc Freclceton on
December 8, 1998. Specifically to redesign the drainage seepage
bed instead of in a common lot to gain 20 feet. Blanket
easements are to be granted to the Ada County Highway District
FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - WOLFE COMMERCIAL ENTERPRISES, LLC.
SCOTTSDALE SUBDNISION - 5 `
for heavy maintenance of storm drainage facilities, and the City
of Meridian for operation and maintenance of the sewer main.
1.15 Developer to install a 10-foot-wide planting strip and the
individual owners of each lot are required to have an added 10-
feet, for a total of a 20-foot-wide planting strip buffer between the
office use and the residential use. Graphically depict the
landscape setback on the plat. Provide a detailed landscape plan
for review and approval by the Planning and Zoning
Administrator or designee prior to signature on .the final plat.
Construction of the ezttire landscape buffer could be required
prior to obtaining building permits or at the time each individual
lot is developed, at the option of the P&Z Commission and
Council. However, if individual lot; owners are responsible for
construction, the approved plan needs to be fully communicated
to ensure consistency of construction.
1.16 Provide fencing adjacent to the residential use where none
currently exists. Fencing to be installed prior to obtaining
building permits.
1.17 The building footprints and parking layouts shown on the plat are
conceptual only and are not reviewed or approved as part of this
application.
1.18 The setback on Franklin Road is a minimum 25 feet. As Franklin
Road is an entrance corridor to the City, this area will needed to
be maintained and designated as a landscape area.
1.19 Add a note that direct access to Franklin Road from Lot 1, Bloclc
1, is prohibited.
Adopt the Central District Health Department Recommendations as follows:
1.20 The Applicant obtain written approval for the central sewage and
central water prior to approval of the conditional rezone.
1.21 The Applicant's central sewage and central water plants must be
FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT.- ~tYOLFE COMMERCIAL.EN.TERPRISES,_LLC.
SCOTTSDALE SUBDIVISION - 6
submitted to and approved by the Idaho Department of Health
and Welfare, Division of Environmental Quality.
1.22 Run-off is not to create a mosquito breeding problem.
`~ 1.23 Stormwater must be pre-treated through a grassy swell prior to
the discharge to the subsurface to prevent impact to groundwater
and surface water quality.
Adopt the Meridian Fire Department Recommendations as follows:
1.24 All fire codes for the proposed project will need to be met.
Adopt the Nampa & Meridian.Irrigation District Requirements as follows:
I.25 The Developer must contact the Nampa ~ Meridian Irrigation
District for approval before any encroachment or change of right-
of-way occurs.
1.2 6 A Land Use Change Cite Development Application must be filed
for review prior to final platting.
1.27 All laterals and wasteways must be protected.
1.28 All municipal surface drainage must be retained on cite.
1.29 If any drainage leaves the cite, the Nampa ~ Meridian Irrigation
District must review drainage plans.
1.30 The Developer must comply with Idaho Code § 31-3805.
1.31 It is recommended that irrigation water be made available to all
developments within the Nampa ~ Meridian Irrigation District.
Adopt the Ada County Highway District's Recommendation as follows:
1.32 The proposed 3.78 cite should accommodate less than 30,000
square feet of office space.
FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT -WOLFS COMMERCIAL ENTERPRISES,' LLC
`SCOTTSDALE SUBDNISION - 7
APPROVAL OF THE FINDINGS AND
ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
The Meridian City Council adopts and approves the Findings and Order
of Conditional Approval of Preliminary Plat.
ROLL CALL
COUNCILMAN BIRD VOTED
COUNCILMAN ANDERSON VOTED ~
COUNCILMAN ROUNTREE VOTED
COUNCILMAN BENTLEY VOTED ~ ~_
MAYOR CORRIE (TIE ~ R) VOTED _
MOTION: APPROVED DISAPPROVED:
Z:\Governmental Municipal\Work\M\Meridian 15360M\ScottsdalePrePlatCC.FCS
REcE~D
JAN - 5 1999
CITY OF MERIDIAN
FINDINGS AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY PLAT - WOLFE COMMERCIAL ENTERPRISEST LLC.
5COTTSDALE SUBDIVISION - 8
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US Army Corps
of Engineers
Walla Walla District
201 North Third Avenue
Walla Walla, WA 99362-1876
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15-Day Notice
Public Notice EB OB p99V
Of 14pp~IC8t101l~~"'°"•'°''"a
for Permit xF°°~~~n
CITY OF 1~IEI~IDL~~i
APPLICATION NO: 992200360
APPLICANT: Mr. .Greg Johnson
PUBLIC NOTICE DATE: February 3, 1999
COMMENTS DUE DATE: February 18, 1999
Interested parties are hereby notified that an application has been
received for a Department of the Army permit for certain work in waters of
the United States as described below and shown on the attached plans.
APPLICANT - Mr. Greg Johnson, P.O.-Box 344, Meridian, ID 83680-0344,
telephone 208-888-9947 (work), contact Mr. Stan McHutchinson, Briggs
Engineering, 1800 West Overland Road, Boise, Idaho 83705, telephone
208-344-9700. For information from the Corps of Engineers, contact
Mr. P~obert K. Flo;~rers at 2G8-343-G67i. .
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LOCATION - Ninemile Creek, Sec. 20, T.3N., R.lE., Boise Meridian,
Cloverdale USGS Quadrangle, near Meridians in Ada County, Idaho.
WORK - Place approximately 257 cubic yards of soil fill material in
approximately 770 linear feet of the channel and 7.5 cubic yards of rock
riprap in 24 linear feet of the channel. Location and description as shown
on the enclosed drawings sheets 1 and 2.
CONSTRUCTION PERIOD - Applicant proposes to start construction in January
1999, and end in February 1999. The permit would authorize construction
for a period of 3 years.
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PURPOSE - To allow the safe, efficient and economical development of 'a
residential subdivision.
ADDITIONAL INFORMATION - Approximately 0.32 acres of Ninemile Creek will be
filled in and abandoned. The creek will be relocated and buried in an 18-
24-inch diameter piped section. A trash rack will be constructed at the
entrance to the piped section to prevent debris from entering the pipe and
obstructing flows. Approximately 500 linear feet of existing creek channel
downstream°of the proposed piped section will be widened. and deepened.
This work would be done utilizing a backhoe or trackhoe-type equipment
which would excavate this material using a scoop. This excavation activity
does not require a Department of the Army permit because the only
is
discharges associated with this excavation activity would occur only as a
result of incidental fallback of excavated material.
The area of the proposed .residential development, Sherbrooke Hollows
Subdivision No. 2, has been zoned R-4 (low density residential) and has
been annexed into the City of Meridian. The area of the proposed project
is located in Phase II of this development. Phase I has previously been
completed. Phase II, designed at the same time a"s Phase I, was planned to
continue where Phase I ended by extending existing streets, sewer and other
utilities into the remaining portion of the undeveloped area from their
terminus in Phase I. The area surrounding the subject site has developed
with single family dwellings. The proposed project on Ninemile Creek is
located above the headwaters of this stream and the site is currently used
as a pasture for cattle.
The applicant's preferred alternative was to reconstruct and relocate
Ninemile Creek along the eastern boundary of the subject parcel and within
the subdivision common area. This plan would have left the stream channel
open but would have relocated it to the east at the foot of and adjacent to
the west side of the Ridenbaugh Canal. For structural and safety reasons
invo~.ving the Ridenbaugh Canal, this alternative was abandoned.
A second alternative involved a similar relocation as stated in the
applicant's preferred alternative, above, but in place of the open channel,
the creek was proposed to be placed in a pipe and buried. The piping of
Ninemile Creek was proposed to overcome concerns about stability of the
Ridenbaugh Canal channel at this location. This alternative was also
rejected based upon objections from the local canal company.
The applicant's third alternative was to relocate Ninemile Creek in an open
channel through the proposed subdivision in such a manner as to allow the
development of the majority of the existing land. This alternative was not
selected because of safety concerns. The applicant's believe that an open
channel would pose a serious safety hazard to children of subdivision
residents. Burying the pipe through the subdivision where the majority of
play activity would occur was considered to be the best alternative, given
that alternatives one and two could not be pursued.
PROPOSED SPECIAL CONDITIONS - The following are proposed to be included as
special conditions in the permit, if issued:
1. All work in Ninemile Creek channel below the ordinary high water mark
would be completed during periods of low flow or after water has been
relocated into the pipe.
2. The existing creek channel shall not be filled until the construction
of the piped section is completed and flows are diverted into it.
3. Any cofferdams required for this project shall be constructed with
jersey barriers~or sandbags and waterproof liner and shall be completely
removed from the open channel of Ninemile Creek at the completion of the
project.
4. The entrance and exit of the pipe where Ninemile Creek is collected
and discharged from the.. existing channel shall be constructed in such .a
manner so as to eliminate stream channel erosion at these locations.
5. Suitable safeguards shall be installed to prevent the pipe from
clogging with debris or sediment and causing flooding at or upstream of the
project area.
WATER QUALITY CERTIFICATION - This will also serve as public notice of the
intent of the Idaho Department of Health and Welfare, Division of
Environmental Quality to consider certifying that the discharges of dredged
and fill material proposed herein will not violate existing water quality
standards and that the permit will not be issued until such certification,
as required by Section 401 of the Clean Water Act, has been issued or
waived by the State of Idaho. If action is not completed to issue or deny
water quality certification within 60 days of~this public notice date, and
an extension of this period is not granted at the request of the Idaho
Department of Health and Welfare, waiver of certification will be deemed tc
have occurred. Comments regarding certification for this project should be
mailed to: Mr. Stephen West, Regional Administrator, Idaho Division of
Environmental Quality, Western Regional Office, 1445 North Orchard, Boise,
Idaho 83706-2239.
CULTURAL RESOURCES - Coordination is currently being conducted with the
office of the Idaho State Historic Preservation Officer to determine if
this activity will affect a site that is listed on the National Register of
Historic Places, or a site that.may be eligible for listing on the
Register.
ENDANGERED SPECIES - Coordination is current„ly being conducted with the
U.S. Fish and Wildlife Service and the National Marine Fisheries Service to
determine if the activity will have any affect on species designated as
endangered or threatened under the Endangered Species Act, or their
critical habitat.
ENVIRONMENTAL IMPACT STATEMENT -'Preliminary review indicates that the
activity will not require preparation of an Environmental Impact Statement.,.
Comments provided will be considered in preparation of an Environmental
Assessment.
AUTHORITY - This permit will be issued or denied under the authority of
Section 404 of the Clean Water Act. _
EVALUATION - The decision whether to issue a permit will be based on an
evaluation of the probable impact, including cumulative impacts, of the
proposed activity on the public interest. That decision will reflect the
national concern for both protection and utilization of important
resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments.
All factors which may be relevant to the proposal will be considered
including the cumulative effects thereof; among those are conservation,
economics, aesthetics,.. general environmental concerns, wetlands, historic
properties, fish and wildlife values, .flood hazards, floodplain values,
land use,. navigation, shoreline erosion and accretion, recreation, water
supply and conservation, water quality,. energy needs, safety, food and
fiber production, mineral needs, consideration of property ownership and,
in general, the needs and welfare of the people. *In addition, our
evaluation will include application of the EPA Guidelines (40 CFR 230) as
required by Section 404(b)(1) of the Clean Water Act.
CONSIDERATION OF PUBLIC COMMENTS - The Corps of Engineers is soliciting
comments from the public; Federal, State, and local agencies and officials;
Indian Tribes; and other interested parties in order to consider and
evaluate-the impacts of this proposed activity. Any comments received will
be .considered by the Carps of Engineers to determine whether to issue,
modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects, and the
other public interest factors listed above. Comments are used in the
preparation of an Environmental Assessment and/or an Environmental Impact
Statement pursuant to the National Environmental Policy Act.. Comments are
also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
PUBLIC HEARING - Any person may request in writing, within the comment
period specified in this notice, that a public hearing be held to consider
this proposed activity. Requests for a public hearing shall state specific
reasons for holding a public hearing.
COMMENT .AND REVIEW PERIOD - Interested parties are invited to provide their
comments on the proposed activity, which will become a part of the record
and will be considered in the decision. Comments should be mailed to:
U.S. Army Corps of Engineers
Lucky Peak Project Office
9723 East Highway 21
Boise, Idaho 83716
Comments should be received not later than the comments due date of this
notice"ta receive consideration.
A. Bradley Daly
Chief, Regulatory Branch
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9922:00360
MR. GREG JOHNSON
Ninemile Creek
Ada County, ,Idaho
Sheet 1 of 2
d ,.January 29, 1999
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MR. GREG JOHNSON
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Ada County, Idaho ,
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January 29, 1999
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DEPARTMENT OF THE ARMY
WALLA WALLA DISTRICT CORPS OF ENGINEERS
201 N 3RD AVE
WALLA WALLA WA 99362-1876.
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ID#903
CITY OF MERIDIAN
33 E IDAHO AVE
MERIDIAN, ID 83642
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REcErvED
FE8 - 5 1999
CITY OF MERIDIAN
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BRIGG~ENGINEERlNG, Inc.
ENGINF~RS! PLANNERS i SURVEYORS
October I9, 1998
Mr. Will Berg
City of Meridian
Z00 E. Carlton Avenue, Suite 100
Meridian, l:daho 83642
Re: [She o ke Hollows No: 2 Subdivision
(Responses to Final Plat-Comments)
Dear Will,
General Comments
1800 West OveAand Road
Boise, Idaho 83705 - 3142
Voice (208) 344-9700
Fax (203) 345-2950
E-mail BEldaho@csi.com
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CITY OF iVIERIDIAN
1. The developer will pipe any ditches within the boundary of the subject property, except those
waterways excluded by the approved variance. Waterways excluded by variance include
lZidenbaugh Canal and Nine Mile Drain.
No existing wells or septic systems are present within this project.
The parcel is not within the boundaries of a floodplain or floodway as specified in the FEIviA
maps.
4. Fire hydrant locations were delineated on the construction plans. The applicant understands
public works approval is required..
Ada County Street Name Committee has reviewed the final plat. One street name needs
changed.
6. Applicant will meet the requirements.
Site Specific Comments
1. Final plat conforms to approved preliminary plat.
2. Klienfelder Inc. prepared a geotechnical reporE'which recommends what improvements
should be made to the Nine Mile Drain. They installed test holes witty monitoring tubes
along the east and west side of the existing Nine Mile Drain. Construction plans have beer
submitted to Nampa and Meridian Irrigation District for review and approval.
if NMID approval is granted, the District will relinquish the 50' easement for Nine Mile
Drain and the plat of Sherbrooke Hollows No. 2 will establish a new easement.
3. Five foot sidewalks will be installed per City Ordinance Section 11-9-606.B.
980602tcirymer-ltr2
OCT 19 '98 15 53 PAGE. 01
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BY2IGGS ENGIIEERING, Ync. - a80o West Over-and Road, Bose, Idaho 83705 - (208) 3449700 /Fax 345-2950
4. Understood.
5. Ynderstood.
6. The applicant understands this requirement.
7. Revised pressure irrigation pump station plans were submitted to NM1D which reflects a
regional pump station to serve Sherbrooke and Thousand Springs. The pump station will be
started by January 15, 1999 and completed by March 15, 1999.
A shallow irrigation well will be installed as a secondary source of irrigation. Water
Resources has approved the application.
The pump station will be operational by March 15, 1999 and will be in service on April 15,
1999. ~ ,
8. The Engineer wilt revise the 1:inal plat accordingly.
9. 'The Engineer wil! revise the final plat accordingly.
~. 10. The applicant disagrees with Staff's use of "house orientation arrows". We have publieiy
stated in previous hearings that the arbitrary use of this requirement is frustrating when the
Ordinance has no documentation for this method of frontage calculation. We have
recommended alternatives and have encouraged the City to amend the Ordinance to better
implement frontage standards.
1 ] . NMl'll revised per City comments.
12. Notes revised per City comments.
13. Survey department will provide additional information for the two intersections in question.
14. Applicant will sign plat.
Sincerely,
BIIIGGS ENGINEERING, Inc.
V`•
Becky L. Bowc
Land 'Use Planner
BLE:fc
9$0602\mercity-ltr2
OCT 19 '98 15 54
TOTAL P.02
PAGE.02
~~ ^
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HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE A Good Place to Live OCT 1 9 19~GAL DEPARTMENT
(208) 884.424
OF ~~~
CITY OF MERIDI
Coancil Members I
IC WORKS
G & ZONPI~-
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
t2oa) sal-22I I
GLENN BENTLEY- MERIDIAN, IDAHO 83642
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
KEITH BIRD DEPARTMENT
(208) 884-5533
~ECE~D 1
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MEMORANDUM:
OCT191998 ~o_~~_~~
T ~' ~ '"'~~ MERIDIAN4
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Mayor and C
From: Bruce Freckleton, Assistant to City Engineer
Re: SHERBROOKE HOLLOWS SUBDIVISION NO. 2
(Final Plat by Gem Park II, Partnership)
I have reviewed this submittal and offer the following comments, as conditions of the final
play These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
GENERAL COMMENTS
1. Any existing irrigation/drainage ditches crossing the property to be included in this
project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by
the appropriate irrigation/drainage district, or lateral users association, with written
confirmation of said approval submitted to the Public Works Department.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
3. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted,
and detail plans for reducing or eliminating the boundary.
4. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
5. Please submit a copy of the Ada County Street Name Committee's final approval letter
for the subdivision lot and block numbering. Make any corrections necessary to conform.
6. Please address, in written form, all items contained in this memorandum and submit to
the City Clerk's office by 5:00 P.M. of the Monday prior to the scheduled meeting of the
City Council. Prior to development plan approval, three copies of the revised plat must be
reviewed by the Public Works Department, for compliance with all conditions of plat
approval.
Sherbrooke Hollows No2.FP.doc
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Mayor and Council
October 16, 1998
Page 2
SITE SPECIFIC COMMENTS
This final plat generally conforms to the approved preliminary plat.
2. What is the status of the vacation of the existing 50' wide Nine Mile Drain easement?
3. Provide five-foot-wide sidewalks in accordance-with City Ordinance Section 11-9-606.B.
4. Sanitary sewer service to this site will be via an extension from the mainlines that are
being installed in the previous phase 'of Sherbrooke Hollows. Applicant will be
responsible to construct the sewer mains to and through this proposed development. The
City has hired a consultant to conduct a study of the service areas in this vicinity. Results
of this study are forthcoming. The subdivision designer is to coordinate main sizing and
routing with the Public Works Department. Sewer manholes are to be provided to keep
the sewer lines on the south and west sides of centerline.
Water service to this site will be via an extension from the existing mainline that are
being installed in the previous phase of Sherbrooke Hollows. Applicant will be
responsible to construct the water mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the Public Works
Department.
6. All street signs, road base, street lights, pressurized irrigation system, domestic water
system (activated fire hydrants), and fencing, if required, are to be installed prior to
obtaining building permits.
7. Applicant has indicated that the pressurized irrigation system within this development is
to be owned and maintained by the Nampa & Meridian Imgation District. The City of
Meridian requires that pressurized irrigation systems be supplied by a year round source
of water. If a creek or well source is not available, a single point connection to the
culinary water system shall be required. If a single point connection is utilized, the
developer shall be responsible for the payment of assessments for the common areas prior
to signature on the final plat by the Meridian City Engineer. What is the status of the
pressurized irrigation system pump station in phase I, and where will the secondary
source of water come from (single point connection to City water system, or well). When
will the entire system be operational?
8. Graphically show five-foot-wide easements for Public Utilities, Drainage and Irrigation
along the subdivision boundary line (side lot line) of Lots 11, Block 4, Lots 22, 13, Block
5, Lot 3, Block 6, Lots 28, Block 8 since these lines are side yards adjacent to other
phases of this development.
9. Graphically show ten-foot-wide easements for Public Utilities, Drainage and Irrigation
along each side of the rear common lines of Lots 13-17 & 18-22, Block 5, Lots 10-12 &
15-21, Block 8, Also show aten-foot wide easement for Public Utilities, Drainage and
Irrigation along the southerly boundary of Lot 14, Block 8, and along the rear lot lines of
Sherbrooke Hollows NoZ.FP.doc
"'' Mayor and Council
October 16, 1998
Page 3
Lots 8-10, Block 8, and Lots 22-25, Block 8, and along the easterly side of Lot 4, Block
8, the westerly side of Lots 13 & 18, Block 8.
10. Add an arrow symbol to the Legend that indicates the "Front of House Orientation", and
place arrow on Lot 18, Block 5 and Lot 14, Block 8 towards E. Dworshak Dr., and on Lot
7, Block 6 towards E. Lake Creek Dr.. These lots don't meet the minimum 80 foot
frontage requirement in an R-4 zone along the S. Bull Trout Ave. side.
11. Is the 25.90' wide Nampa & Meridian Drainage easement along the northern subdivision
boundary exclusive? Where does the Public Utilities, Drainage and Irrigation easement
fit into this area?
12. Please add or revise the following notes:
(7.) ...the established normal sease~l high ground...
(8.) ...Nampa-Meridian Irrigation District, and Public Utilities, Drainage &
Irrigation.
13. Please provide details on the face of the plat that are exploded views of the lot pin
configuration for the west end of E. Dworshak Dr. and the intersection of S. Bull Trout
Ave & E. Mackay Ct.
14. Please execute the Certificate of Owners and the accompanying Acknowledgement.
Sherbrooke Hollows No2.FP.doc
. ~:
C.I C, mrt~ .
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~q'~N~/[j~.w,4;~lry'~ ice' ~~~~'q~Ii7 ~7 ~A
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`' &-ZOlaTING
RoEcCS~se\
CPfY OF MERIDL1N
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Will Berg, City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
RE: tn'i.'Iul Play: fur Slaerbruoke Hollows. No. 2 Subdivision
Dear Commissioners:
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
The Nampa & Meridian Irrigation District's Ninemile Drain courses along the east and north
boundaries of the project. The right-of--way of the Ninemile Drain is 60 feet; 30 feet from the
center each way. The District's Ridenbaugh Canal also courses through the project along the
east boundary. The right-of--way of the Ridenbaugh Canal is 100 feet; SO feet from the center
each way. Idaho Code 42-1208--RIGHTS-OF--WAY NOT SUBJECT TO ADVERSE
POSSESSION. The developer must contact John P. Anderson or Bill Henson at 466-0663 for
approval before any encroachment or change of right-of--way occurs.
The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development
application be filed for review prior to final platting. All laterals and waste ways must be
protected. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact
Donna Moore at 466-7861 for further information.
The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water
be made available to all developments within the Nampa & ltileridian Irrigation District.
S//i~~ncerely,
Blll Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH: dln
cc: File -Shop
File - O~'ice
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
S October 1998
72a~x~ia & ~lenidia~ ~Ivugat~a~ Diatncct
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
13 October 1998
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
Kathy Stroschein ~.~~
Briggs Engineering, Inc.
1800 West Overland Road
Boise, ID 83705
RE: Land Use Change Application for Sherbrooke Hollows Sub. No. 2
Dear Kathy:
Enclosed please find a Land Use Change Application for your use to
file with the Irrigation District for its review on the above-
referenced development. If this development is under a "rush" to
be finalized, I would recommend that you submit a cashier's check,
money order or cash as payment of the fees in order to speed the
process up. If you submit a company or personal check, it must
clear the bank before processing the application.
Should this development be planning a pressure urban irrigation
system that will be owned, operated and maintained by the
Irrigation District, I strongly urge you to coordinate with John P.
Anderson, Water Superintendent for the Irrigation District
concerning the installation of the pressure system.
Enclosed is a questionnaire that you must fill out and return in
order to initiate the process of contractual agreements between you
and.the Irrigation District for the ownership, operation and
maintenance of the pressure urban irrigation system.
Page 1 of 2
APPROXIMATE IRRIGABLE ACRES
RIVER fIOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
f
J, v
~,~ f
13 October 1998
Briggs Engineering
Page 2 of 2
If you have any questions concerning this matter please feel free
to call on me at the District's office or John Anderson, the
District's Water Superintendent at the District's shop.
Sincerely,
~Ua-~~.~ ~~ • Gam.,
Donna N. Moore,
Assistant Secretary/Treasurer
cc: File
Water Superintendent
Gem Park II Partnership
City of Meridian
enc.
°.
-Yx: L w:
MERIDIAN CITY COUNCIL MEETING: OCTOBER 20, 1998
APPLICANT: GEM PARK II ITEM NUMBER: 11
REQUEST: FINAL PLAT FOR SHERBROOKE HOLLOWS N0.2 SUBDMSION
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT: REVIEWED
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
CITY WATER DEPT: SEE ATTACHED COMMENTS
MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED EVAL. SHEET
CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
T,
HUB OF TREASURE VALLEY
Mayor LEGAL DEP.-~RT~VIENT
ROBERT D. CORRIE A Good Place to Live (~08) ~~~-~,~~
Council Members CITY OF MERIDIAN PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
(3081887-221(
GLENN BENTLEY MERIDIAN,-IDAHO 83642 ~+ -~ 7~1
RON ANDERSON Phone {208) 888-4433 -Fax (208) 887 ~JF'~`- ~ 1~ DPLANNING AND ZONING
KEITH B[RD DEPARTiVtENT
SFP 2 4 199$ (208> ss-~-s~~3
. C'"~`t~' ~JF inEI~IDIAN
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: Wifl Berg, City Clerk by: October 13, 1998
TRANSMITTAL DATE: September 23, 1998 HEARING DATE: October 20, 1998
REQUEST.: FINAL PLAT FOR SHERBROOKE HOLLOWS SUB NO. 2
BY: GEM`PARK II
LOCATION OF PROPERTY OR PROJECT: East of Locust Grove, North of Victory
_ TAMMY DE WEERD P/Z
- MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
`KEITH BIRD, C/C
+GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
1LDING DEPARTMENT
FIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
_CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
IDAHO TRANSPORTATION DEPARTMENT
ADA COUNTY (ANNEXATION) ~i
YOUR CONCISE REMARKS: ~`" ~ ~ ~J
f/'.e~c.- J`~l G /U S Cx3 ~ !.Z_ IU~R. ~c ~~ ,s~rrs-~~r~j~~y
/ r'~ u ~ /~~~ z j s S7~i~ ~- 7r~ ,~ ~ pi--t ~-~- c.'n-/Lpf'
F"'rt Sh ~f- tc~ce;f
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(~/
HUB OF TREASURE' VALLEY LEGAL DEPARTMENT
~~ Ma or
Y
A Good Ptace to Live
(208) 884-4264
ROBERT D. CORRIE CITY OF MERIDIAN
PUBLIC WORKS
~~nneil Members BUILD[NG DEPARTMENT
CHARLES ROUNTREE ~ 33 EAST IDAHO
IDAHO 83642
MERIDIAN
~~ (2os> ss~-22 [ 1
GLENN BENTLEY ,
~.~'''
;iBhone (208) 888-4433 • Fax (208) 887-4813
•
'~ ° PLANNING AND ZONING
DEPARTMENT
RON ANDERSON `~
~
~ (208)884-5533
KEITH BIRD ~
~ ~~ p~
4
C, \a~`., ~ ec~k
c
~a~e
ELOPMENT PROJECTS
CO
TRANSMIT TAL TO AGENCIES FOR
Y
OF MERID AN
WITH THE CIT
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: October 13 1998
HEARING DATE: October 20, 1998
TRANSMITTAL DATE: September 23, 1998
REQUEST: FINAL PLAT FOR SHERBROOKE HOLLOWS SUB NO.2
gY: -GEM PARK II
I nCATION OF PROPERTY OR PROJECT: East of Locust Grove North of Victory
TAMMY DE WEERD P2
MALCOLM MACCOY, P2
MARK NELSON, P2
BYRON SMITH, P2
KEITH BORUP, P2
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
KEITH BIRD, C/C
ENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
_POLICE DEPARTMENT
..CITY ATTORNEY
`CITY ENGINEER
-CITY PLANNER
'CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
_ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM ~ FlNAL PLAT)
U.S. WEST(PRELIM 8~ FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT}
BUREAU OF RECLAMATION(PRELIM & FINAL)
IDAHO TRANSPORTATION DEPARTMENT
ADA COUNTY (ANNEXATION)
YOU CONCISE RE RKS: ~ ' '
RECENED
S E~' % ~ 1993
CITY OF MERIDIAN
REcEZvED
~-
_r E x~,. .
~r
e
SUPERINTENDENT
Christine H. Donnell
September 28, 1998
City of Meridian
33 East Idaho
Meridian; Idaho 83642
Re: Sherebrooke Hollows Subdivision No. 2
Dear Councilmen:
~ C l - 7 1998
CITY OF MERIDIAN
701 • Fax (208) 888-6700
We have reviewed the plat for Sherbrooke Hollows Subdivision No. 2 and find that it
includes approximately 44 homes assuming a median value of $110,000. This
development is located in census tract °103.11 and in the attendance zone for Lake Hazel
Elementary School, Lake Hazel Middle School and Meridian High School. We can
predict that these homes, when completed, will house fifteen elementary aged children,
eleven middle school aged children, and ten senior high aged students. As you know, even
small developments such as _Sherebrooke Hollows Subdivision No. 2 will eventually cause
overcrowding in all three schools.
The cost per student for newly constructed schools, excluding site purchase price and
offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or
high school student. As a result of continued growth in the Meridian School District we
would appreciate any help in locating and purchasing additional school sites within our
school boundaries.
At this time we will approve this subdivision but once again would appreciate any help
with the constant growth in our school district.
Sincerely,
Gti
Jim Carberry,
Administrator of Support Programs
BOARD OF TRUSTEES
Rex Harrison • Wall~~ Hedrick • Holl~~ Houfburg • David W~~nkoop • Steve Mann
SUBDIVISION EVALUATION SHEET
REcENEL
SEP 2 ~ 1qg
Proposed Development Name SHERBROOKE HOLLOWS NO. 2 City MendianY OF MERIDIA'~
Date Reviewed 09/17/98 Preliminary Stage Final XXX
Engineer/Developer .Briggs Engr. /Gem Park 2
The Street name comments listed below are made by the members of the ADA COUNTY STREET
NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in
accordance with the Boise City Street Name Ordinance.
The following existing street name shall appear on the plat.
"EAST VICTORY ROAD"
"E. DWORSHAK DRIVE" and "E. DWORSHAK CT." are approved and shall appear
on the plat.
"E. LAKE CREEK DRIVE" is approved and shall appear on the plat.
"S. GRIMES CREEK AVE." is approved and shall appear on the plat.
"E. MACKAY CT." is approved and shall appear on the plat.
"S. BULL TROUT AVE." is aligned to the north with "S. GOLD BAR WAY" and shall
be named "S. GOLD BAR AVE."
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 ~ ~
Ada County Engineer John Priester V~ ~.M~ Date .-~ 7~~
Ada Planning Assoc. Ann Hurley Date ~ - ~ ct
City of Meridian Representativ Date -/ 7~ ~
Fire District Meridian Representative Date 9 ~~9~
NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the
time of signing the "final plat", otherwise the plat will not be signed !!!!
Sub Index Street Index 3N 1 E 20 Section
NUMBERING OF LOTS AND BLOCKS ~~~~~ ~ k,;~~~`~f' G~ ~~^P~~,/_C cam, ~?,~~< <CC4''~~~~zi~
z
TRISUBS~SM_CITY.FRM ~-~-' ~ ~~ /~
CENTRAL
i• DISTRICT
~1'1'HEALTH
DEPARTMENT
CENTRAL DISTRICT HEALTH DEPARTMENT
Environmental Health Division
R~~~~D
Rezone # ~C~ f1 1 199$
Conditional Use. # ~ ~~TNG & ZONING
Preliminary final / hort Plat ~~ ° `'.~ ~^ as ~~~ ~o/% ~ ~ ~- 2-
G ~ h^ ~'~ ~~1~ ~
Return to:
^ Boise
^ Eagle
^ Garden City
® Meridian
^ Kuna
^ Acz
^ I. We have No Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water ^ waste flow characteristics
^ or bedrock from original grade ^ other
^ 6. This office will- require a study to assess the impact of nutrienu and pathogens to receiving ground waters and/or
surface waters.
7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water ava'slability.
8. 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
~~J 9./) The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
~../ Division of Environmental Quality:
~ central sewage ^ community sewage system ^ community water
~~ ^ sewage dry lines ~ central water
~E 10.) Run-off is not to create a mosquito breeding problem.
^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 13. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
~~ ^ beverage establishm/ent ^ grocery store
~~~~'L°~ ~~cC'r~+'!'h ~ ~.e G U ~"I? ~3"+ ~° ^/ ~U t / Qi~ Date: ° ~ l ~ /ql ~t~
1 ~~'' <.,~ / ~,"'h~ Y1/eL=7`~ %' ~}i ~h~- C,'~ h? eh {: Reviewed By: ~ ~
Review Sheet
CDND 10/91 r~, rer. 7/91
CENTRAL
•• DISTRICT
~1't'HEAETH
DEPARTMENT
Rezone ##
Conditional Use # ~ ~~~~.~ %~:~,~ ~~r~f
Preliminary /Final /Short Plat
Return to:
^ Boise
^ Eagle
~ ^ Gar n City
Meridia~
una
~'ACZ
'~ I. We have No Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4: We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water ^ waste flow characteristics
^ or bedrock from original grade ^ other
^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
^ central sewage ^ community sewage system ^ community water well
^ interim sewage ^ central water
^ individual sewage ^ individual water
9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
^ I.O. Run-off is not to create a mosquito breeding problem.
^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 12. if restroom facilities are, to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 13. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store
^ 14. Date: ~ /~~/~
~-'
Reviewed By: ~~ Jrru.~
CENTRAL DISTRICT HEALTH DEPARTMENT
Environmental Health Division
cuNO iaroi ~. ~~~. u9~ ReV12W Sheet
CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT
•• DISTRICT Environmental Health Division
~~HEALTH Return Boise
DEPARTMENT
^ Eagle
Rezone # ~u~`~ ~~'''~~~J ~"}~ ~o,~j~~~~ ^ Garden City
° ~ Meridian
Conditional Use # ^ Kuna
Preliminary /Final /Short Plat f ^ ACZ
I. We have No Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ , 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water ^ waste flow characteristics
^ or bedrock from original grade ^ other
^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters..
^ 7. This project shall be reviewed by the ldaho Department of Water Resources concerning well construction and
water availability.
^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
^ central sewage ^ community sewage system ^ community water well
^ interim sewage ^ central water
^ individual sewage ^ individual water
^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
^ 10. Run-off is not to create a mosquito breeding problem.
^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 13. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store
^ 14.
Date:.-~9 / ~~ / ~~
Reviewed By. ~~''i
Review Sheet
CDHD 10/91 r~, m. 1/91
RE°E~D
OCT - 6 1998
CITY OF MERIDIAN
72cur~ia & ~lvudia~ 7nn~atia~c Z~ca~ccct
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Will Berg, City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
Phones: Area Code 208
OFFfCE: Nampa 466-7861
SHOP: Nampa 466-0663
RE: Sherbrooke Hollows No. 2 Subdivision Evaluation Sheet/Ground Water Survey
Dear Commissioners:
The Nampa & Meridian Imgation District has no comment on the above referenced application.
Sincerely,
~~~~'L~-
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH:dln
cc: File -Shop
File -Office
Water Superii:tenuent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - d0,000
5 October 1998
SUBDIVISION EVALUATION SHEET
Proposed Development Name SFiERBROOKE~HOL""L'01NS~~IVO: 2~ City Meridian
Date Reviewed 10/08!98 Preliminary Stage Final XXX
Engineer/Developer .Briggs Engr. /Gem Park 2
The Street name comments listed below are made by the members of the ADA COUNTY STREET
NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in
accordance with the Boise City Street Name Ordinance.
The following existing street name shall appear on the plat.
"EAST VICTORY ROAD"
"E. DWORSHAK DRIVE" and "E. DWORSHAK CT." are approved and shall appear _
on the plat.
"E. LAKE CREEK DRIVE" is approved and shall appear on the plat.
"S. GRIMES CREEK AVE." is approved and shall appear on the plat.
"E. MACKAY CT." is approved and shall appear on the plat.
"S. BULL TROUT AVE." is aligned to the north with "S. GOLD BAR WAY" and shall
be named "S. GOLD BAR AVE."
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,
DESIGNEES ~l
Ada County Engineer
John Priester
Ada Planning Assoc.
City of Meridian
Fire District Meridian
Ann Hurley
Representative
Representative
REPRESENTATIVES OR
Date /~~ `
Date ~ ~
Date (d
~ Date ~~=~' ~o
NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the
time of signing the "final plat", otherwise the plat will not be signed !!!!
Sub Index Street Index 3N 1 E 20 Section
NUMBERING OF LOTS AND BLOCKS ~~c~~~f U~ l "' ~~ _
TRISUBSISM_CITY.FRM
SUBDIVISION EVALUATION SHEET
Proposed Development Name *SHERBROOKE OLLOWS NO~~ City Meridian
Date Reviewed 09/17/98 Preliminary Stage Final XXX
Engineer/Developer .Briggs Engr. /Gem Park 2
The Street name comments listed below are made by the members of the ADA COUNTY STREET
NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in
accordance with the Boise City Street Name Ordinance.
The following existing street name shall appear on the plat.
"EAST VICTORY ROAD"
"E. DWORSHAK DRIVE" and "E. DWORSHAK CT." are approved and shall appear
on the plat. _
"E. LAKE CREEK DRIVE" is approved and shall appear on the plat.
"S. GRIMES CREEK AVE." is approved and shall appear on the plat.
"E. MACKAY CT." is aeProved and shall appear on the plat. _
"S. BULL TROUT AVE." is aligned to the north with "S. GOLD BAR WAY" and shall
be named "S. GOLD BAR A
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 ~ ~
Ada County Engineer John Priester Date ~~ 7~~
Ada Planning Assoc. Ann Hurley Date ~ ~~ cC
City of Meridian Representativ Date -~ 7'' ~
~ ~~90
Fire District Meridian Representative Date
NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the
time of signing the "final plat", otherwise the plat will not be signed !!!!
Sub Index Street Index 3N 1 E 20 Section
NUMBERING OF LOTS AND BLOCKS ~~o rI ~~i~rn~-`~' aE"~ii'~~~ s ~h-~ t~ ~~~G IC~Z~/1
TR\SUBS\SM_CITY.FRM
HUB OF TREASURE VALLEY
Mayor LEGAL DEPARTMENT
A Good Place to Live ~_os> 88-t-a_6a
ROBERT D. CORRIE N ~ ~
Council Members CITY OF MERI j~~~~ PUBLIC WORKS
CHARLES ROUNTREE ~ l~~ B ILD[NG DEPARTMENT
33 EAST IDAHO ~~
GLENN BENTLEY MERIDIAN, IDAHO 83642 c2o8> 88~-a2 i t
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-481 ~ EP 2 3 1998 PLANNING AND ZONING
(~r~s ~~, ME~~D~~ DEPARTMENT
KEITH BIRD p~G ~ ZONING (_08) 884-5533
TRANSMITTAL TO AGENCIES •FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 13, 1998
TRANSMITTAL DATE: September 23, 1998 HEARING DATE: October 20, 1998
REQUEST:. FINAL PLAT FOR SHERBROOKE HOLLOWS SUB N0.2
BY: GEM PARK II
LOCATION OF PROPERTY OR PROJECT: East of Locust Grove, North of Victc~rv
_ TAMMY DE WEERD P/Z
- '~~ ~MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
~RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
KEITH BIRD, C/C
~GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
TY ENGINEER
CITY PLANNER
CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM i~ FINAL PLAT}
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCL4TION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
IDAHO TRANSPORTATION DEPARTMENT
ADA COUNTY (ANNEXATION)
YOUR CONCISE REMARKS:
~,EcErv~D
CITY OF MERIDIAN SEP ~ 9 1998
CITY OF MERIDIAN
FINAL SUBDIVISION PLAT CHECKLIST PLANNING & ZONING
INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED
SUBDIVISION NAME:
ENGINEER: G<~7L~&c~ ~~ /`f ~~1 '`~ ~' ~ ~`'
The final plat shall include and be in compliance with all items required under Title 50, Chapter
13 of the Idaho Code. The final plat submittal shall include at least the following:
.ITEM DESCRIPTION
1. Thirty (30) copies of written application for approval
as stipulated by the Council
2. Proof of current ownership of the real property in
the proposed final plat and consent of recorded
owners of the plat (warranty deed, signature sheet
of final plat)
3. A statement of conformance with the approved
preliminary plat and meeting all requirements or
conditions thereof
4. A statement of conformance with all requirements
and provisions of this Ordinance
5. A statement of conformance with acceptable
engineering, architectural and surveying
practices and local standards
6. Street name approval letter from Ada County
7. Three (3) copies of the final engineering
construction drawings for streets, water, sewers,
sidewalks, irrigation and other public improvements
8. Thirty (30) prints of the final plat at a scale of one
inch equals three hundred feet (1" = 300').
Include subdivision and street names, lot
and block numbers only
COMMENTS
~~ ~~~ ~~T
/~~C~~ - ctoG si9~e.~?
~~~
FINAL SUBDIVISION PLAT CHECKLIST
9. Thirty (30) folded copies of the final plat containing
the following requirements and three (3) copies
of the signature page of the final plat. Plat shalt
include:
Page 2
a. Approved Plat Name ~'
b. Year of platting
c Sectional location of plat -County ~
. ~ ~'
d.
e. North arrow
Scale of plat (not smaller than 1" = 100') ~ +~
f Streets and alleys with widths and bearings ® ~
.
g. Street names - d ~'
h. Consecutive numbering of all lots in each -
block, and each block lettered or numbered J ~ ~'~
i. Each and all lengths of the boundaries of
~ ~'~
each {ot including curve table
j. Exterior boundaries shown by distance and
bearing (heavier lines than streets and lots)
~~'`
including curve table ~ ~
k. Descriptions of survey monuments
I. Initial point and tie to at least two public
land survey corners or, in lieu thereof, to
two monuments recognized by the City
Engineer or County Engineer or surveyor;
and also, if required by the City or county
governing bodies, give coordinates based
~
on the Idaho coordinate system
m. Easements ~
~~
n. Basis of bearings
o. Pertinent notes for easements, restrictions,
D~
designations, etc. ~~'~'
p. Land Surveyor -signed seal - D1~
q. Land Surveyor business name -City location
r. Legend of symbols 0 ~'~"
U~"'
s. Minimum residential house size ® ~
t. Adjacent platted subdivision names
'~10 Fee Paid - `/5~ Lots @ $10.00/Lot ~ ~~~' ~ ~
C~~ ,guiLh~3r.~ ~ / C~t,+i~tv~I
11. Oth er Information as Requested by Administrator,
City Engineer, Planning & Zoning Commission,
~~
or City Council
1^INAL SUBD1V1S10N PLAT CHECKLIST
Page 3
12. Substantial differences between the approved pre{iminary plat and the final plat,
variances not yet applied for, non-conformance with comments of staff and/or agencies,
etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning
Commission for approval.
REVIEW BY: Shari Sties Planning & Zoning Administrator
Gary D Smith P E City Engineer
ACCEPTANCE DATE;
ADDITIONAL INFORMATION NORMALLY REQUIRED
BY THE CITY OF MERIDIAN:
SQUARE FOOTAGE OF LOTS (82 x 11 SHEET)
GROUND WATER REPORT - - ATTACHED TO PLANS
< (~ DEVELOPMENT AGREEMENT (IF AVAILABLE)
CC & R's (IF AVAILABLE)
REQUEST FOR SUBDIVISION APPROVAL
PRELIMINARY PLAT AND/OR FINAL PLAT ~ECEI~~
PLANNING AND ZONING COMMISSION SEP ~ 9 1968
CITY OF 1V1~ItI]]IAN
PLANNING & Z®NING
TIME TABLE FOR SUBMISSION:
A request for preliminary plat approval must be in the City Clerks possession no
later than three days following the regular meeting of the Planning and Zoning
Commission.
The P{anning and Zoning Commission will hear the request at the monthly meeting
following the month the request was made.
After a proposal enters the process it may be acted upon at subsequent monthly
meetings provided the necessary procedures and documentation are received
before .5:00 P.M., Thursday following the Planning and Zoning Commission action.
GENERAL INFORMATION
Name of Annexation and Subdivision, Sherbrooke Hollows Subdivision No.2
2. General Location, East side of Locust Grove and North of Victory
3. Owners of record, Gem Park ll, Partnership
Address, P. O. Box 344, Meridian, ID. ,Zip 83642 Telephone 888-9946
4. Applicant, Gem Park II Address, P..O. Box 344 , Meridian, ID 83642
5. Engineer, Kathy Stroschein Firm Briggs En inq eerinq,. lnc.
Address, 1800 W. Overland Road. Boise, ID Zip 83705 Telephone 344-9700
6. Name and address to receive City billings: Name Gem Park II
Address P. O. Box 344, Meridian, ID 83642 Telephone 888-9946
PRELIMINARY PLAT CHECKLIST: Subdivision Features
Acres 15.11
2. Number of lots 44 Single Family Lots and 1 Common Lots
9806021subappl.mer (1)
3. Lots per acre 2.98
4. Density per acre 2.91
5. Zoning Classification(s) Zoning R-4
6. If the proposed subdivision is outside the Meridian City Limits but within the
jurisdictional mile, what is the existing zoning classification N/A
7. Does the plat border a potential green belt No
8. Have recreational easements been provided for Yes, pedestrian pathways to the
Nine Mile Drain & Ridenbaugh Canal
9. Are there proposed recreational amenities to the City No
Explain
10. Are there proposed dedications of common areas? No
Explain
For future parks? No Explain
11. What school(s) service the area Mary McPherson , do you propose any
agreements for future school sites No ,Explain
12. Other proposed amenities to the City Central Water Supply Hydrants
Fire Department, Central Sewer, Other ,Explain Extension of Nine Mile
Sewer Main within the subject property
13. Type of Building (Residential, Commercia{, Industrial or combination) Residential
14. Type of Dwelling(s) Single Family,Duplexes, Multiplexes, other Single Family
Dwellings
15. Proposed Development features:
a. Minimum square footage of lot(s), 8,000 SF
b. Minimum square footage of structure(s), 1.400 SF
c. Are garages provided for, Yes square footage 400
980602~.subappl.mer (2)
d. Are other coverings provided for No
e. Landscaping has been provided for Yes ,Describe Some
landscaping along the Nine Mile Drain µ-paths. Some areas will be
maintained as a riperian area in their natural state
f. Trees will be provided for Yes ,trees will be maintained by the
Sherbrooke Hollows Homeowner's Association
g. Sprinkler systems are provided for Yes
h. Are there multiple units No ,
Type
Remarks
I. Are there special set back requirements No ,
Explain
Has off street parking been provided for Yes Explain
Garages and Driveways
k. Value range of property NIA
1. Type of financing for development Conventional
m. Protective covenants were .submitted Yes , .Date 9/3/98
16. Does the proposal land lock other property No ,
Does it create Enclaves No
STATEMENTS OF COMPLIANCE:
Streets, curbs, gutters and sidewalks are to be constructed to standards as required
by Ada County Highway District and Meridian Ordinance. Dimensions will be
determined by the City Engineer. All sidewalks will be five (5) feet in width.
2. Proposed use is in conformance with the City of Meridian Comprehensive Plan.
3. Development will connect to City services.
4. Development will comply with City Ordinances.
9806021subappl.mer (3)
5. Preliminary Plat will include all appropriate easements.
6. Street names must not conflict with City grid system.
980602~subappl.mer (4)
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BRIGGS ENGINEERING
INC.
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,~
SHERBROOKE HOLLOWS SUBDIVISION NO. 2 R~vISiON
B}~J~S PORTION SW 1/4 SECTION 20, T.3N., R.lE., B.M.
,~ MERIDIAN, ADA COUNTY, IDAHO
sFEfl'
Cam) ~'~~
DATA FROM ADA COUNTY DIG[fAL BASBMAP 10F 1
1800 WF371.MD RQAO DESIGN DRAFT SCALE [a4TE (7V6G. NO.
~
BOISE, ~14FI0 83705 BIB 1' =400' 08~251J8 980602
JAn. -06'98(PUEj 13:53 PARK PQINT TEL:208-323-0128 P.QOI
- r.. _ iw} ~~.
Case ][C-LDII 48129
r
~os Value Received RICAA1iD 9. SCSiAPPSR ~ LINDR B. SClt7-PFltll. t1D98WllD arm 41IFS
clic Craneot ado ea ~ PJ~c~ 6argaln. ull and mnver unm ~rTjll PARINSD~S. L.L.C. , A
LYHI?6D LYABILITY C'D1Qr14RY
.,hose amrcnc addc~ ra cJe Park Pointe Realty 6223 K. Discovery Kay Hoisn~ Ydaha 83713
clte ~+['an[tt a tl1G tOllOwlni deSCTtlfld piLKOlfes. in 1dS ~rnP( la?110. [0 NrIC
97071023
$EE p3QtIHIT ~ ATTACHPD B£RE?(aC; ~~':. rt~CORCcP,
.i. J~~;cl t:~Vti~;1~0
tccrrlr~Dl 9t1tSE 10
AM[RlCAN U1N0 TITLE COI, .
'97 RlJG 29 Pfd ~ 3C9 /A'~
FEE _.~,~GFP _,~'~~~?~~~y
REC~F___ ;i .nr i,~CU St OF
~4:.L0 HAVE A1dQ .TO HOI~ dte aid pmnisn, with their appateracsces unto the sid t,xantrre .
heir+ apd a~ fpevee And the C3ritttn6 dam lteteblr Esc to and vrith fie toid
their tea[ ~~ ats rice lion all gscttm6cences. EXtrEPf
Grencee s ,that the7/ the oa+crs in tee ~a0k of mid pcembeq
thou to tvhkll dsit mnreyarnz a es[pctssly pwde wbjeec and tisoee owde. stut{aed tar done by the Crxtiraee • sad
aubjoa to rnet~eiocu. . dedicatlan. eaeetmrn, ruts of rn'f and asseesnea~. ~J ~TwtJeit sre nnc due end 1
nus and acted incksdea ittl~,etion and nclltcy sae~+tacts. (lf an71 hA the tuatestt 7~,
poga6k. and thu (x.ncorH will wwticR and defaced the same hunt all lauchd claiat! t'lsec+aeves:
I~aaod: August 35, 97
T` ~ ~' --
~'1'A7E OF IDAHO, WlJ1rSY OF 11dd
On dtit Z 9th ~ day ~ Auqua t ~ ~ : 19 97 .
be(ne .re, a rwal pu6Ge iaand tvl ridS,tta, P!s°r"R?' gKfea~
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fcnwn m
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~ti crteuid da: nme:
they ~ ~ I'17~%~ } ? . ~ .
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Riniberlie 9:-"Obwe~
Hc,up,K :K Boiee, IBaho . id.ho .
~,a,p,~;,et 06/72/3001
JAN, -06' 98iTUE~ 1,1:38 PARK PO[NT TEL:208-323-0128 P.~002
• fatJG-29-199? 14= 19 rxl.r~ ~ ~ -' "-' ' "
OESCRIPTiON FOR
1b AC'RES (11) PARCEL
August 27, 188(7
`: - A parcel of ianri being a pordon 'of the SW %s of Section 20, Township 3 North, Range 7
-East, Boise Meridian. Ada Ca~tlty, Idaho. said parcel being more particularly described
as icHouvs:
Beginning at the SW come~cf Sec0an 20, T. 3N., R. 1E., B.M. thence S 89°34'22" E
' . 951.40 fleet along the southerly boundary' Gne of said Seatlon 20 to a point on Lie
• centerline of fi•+e Bight Milo Lateral. tits RPJIL POINT OF 6EGINN[iVC3 of this
° ' descriptiarr,
Thence N 03°04'70' W 45.08 fleet along the centerline of the EigE,t Mile Lateral to: a
point,
Thence S 88'34'22" E 40.0? best to a pnir•,i;
Thence N 03°04'10" W 276.G8 feet to a point of curvature; '
Thence along a curve do the left 207.01 feat, s~,;d curve having a radius of 160.t]{} inst.
cenit'al angle of 74°07'42", tangents of 9'?0,85 feet and a chard of 192.87 feet r~hich
bears N a0°08'41" W to a point:
Thence N 77°11'52" W 15.33 feet to a poin#;
" Thence N 13'30'00' E 111.84 feet fp a pairrt;
Thence along a cxscve to the. rigftit 29.01 ~ said curve having a radius 475.Ot: het,
. ~ central angle.of 03°29'56", tangents '54.51 feet and a dtord of 29.OQ feet tuhic.~ bears S
73'45'55" E to a paint; .
• Thence N 17°59'03' E 50.00 feet tao a paint: •
~'
:: Thence N 21 °tXl'00" E 105.79 feet tD a p~1M, .
~:
Thence P! 01 ° 17'09' E 40.b7 Peek fa a point;
~ ' 'TiTence S B3°58'[19" W 91.89 feetta a point
Thence N 77°1'1'52` W 23+f.78 feet to a paint;
.,
i - 961102Uega!-1Sac-des
i
.i
JAN..-06' 98 (TUE) 13:38 PARK POINT
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TEL~248-323-0128
TO
P. Q03
3i~3736 P_6a
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-Thence N 12°48'08" E 112.00 feet to a ;us.tty
:,
Thence N 14°25'58" E 50.02 feet to a point;
~~
Thence N 11 °00'QO' E '181.09 feet to a point;
is
. Thence N 13'07'49' E 104.6fi feet to a point;
~.
Thence N 00°25'38" E 93.fi3 feet to a point on the northerly boundary line of tha SW'/,
of the SW % Qf said Section 20;
'• Thrice 5 89.49'11' E 634.56 fleet along lit® nor',herfy boundary line of the SW 1 of the
SW~'/. of said Sectlcq 20 to the NE comet at q1e SW 3~ of the SW'!. of said Sedan 20;
' ~ Thence S 00°34'24' W 1,333.1Q fEBt to the ~~ comer of file SW `/. of the SVIJ ,~ of said
Section 2U;
. Thence N 89°34'22' W 388.90 feet slang the southerly boundary line of the SV~!'/• of
` ~ said Section 2Q to the REAL POINT OF BF~It~WING~of this description, said ,: arcel
. containing 15.68 acres, more or less.
1
Mict~aet E_ Marks PLS No. 4998
i
,:
9811 t721legaJ-1eardes
• JAi~. =06' 98 (TUE) 13:39 PARK PO[NT TEL: 248-323=4128 P. 004
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Aug. 25, 1998
2:28PM American Land Title
c~ ~rx~rn#g ~ee~ c-~
C'I°f Value Received Kenai Partners, L.L.C., A LintLttal Liability Company
d+a prmmr3 , Jo herrhy grant, barKain. x11 and rtrnrey unto
PARTNERSHIP
Gem Park IZ, qn IdBhO General Partnership
wht+rt current addrncs is c(o b223 North Discovery Hay Home, It3aho
the Krar+oee8 ,the ri+llowing deatr;Lx+l pnrmtses, in~ Ada County Id-rhu, to wit=
~~iP•~~
~ _~` d
~~ See "~EIT A" attached hereto and areas a part hereof.
REC~RDED-REaLfEST GF
"a~ o°nv oilarFn~aRO~
BeI~E.loaHO FEE -DEPUTY
r 1998 ftR 27 P~1 4~ ~ p~~R(cA~ ~~~$ ~ 2 8 d 7 3
~E~YO HAVE AT~1D i0 iiC)LD the sa~iri prcmixe~, with nc~ir appurtrmu+ces tmto the :said Gronree$ ,
theme r hc+rx :uyi assigns turcrcr. Aril the Or~ntur S Jv hcrchy covrnnnr to anti >rttl+ the wri~
Grurxro , tk;q t Iky nc~ oNmer in (ee sin.rlc rJ said prcmaew rk+ac they are bee (nrm all eneumhrnncn, 171CEI'T
ehnse to whtch this cnnveynnce is eyrrcssly mxle whjecr arKl rhrm trade, su(krnl ur si~ine hY the Grantees :and
prhj~Yl tv te,acM.l[Illni, resrrieNtmx. Jrdtearrnws, cas,~Yrtrnts, ri~k+n ar way atul +arerrnenrs, lit any) or reu+rd. arKl t,,etrcrnl
waa~s and aaesemenu, iru:ludrs Irtiratiun atul utiliq asa~~~nr:, (if anyl Cnr the current year. which are mx +luc :rxl
~tyttl•Ic, nod rh:K Grennx wtll wtrrgrnt :u><l Jcfrnd the sanx fmm all lawfµl clxiras whatsoever.
arcd: !larch Z3, 1998 ,~
~ ~
Sobert Td. , I!lpabet
Gre o 3obneoa, Tleabar
r i Y
State of Idaho C~IInty of Ada
On thi.a ~Y of _~.._~ 7~9~ before me a Notary EtYblic
in and for"eai State, personally appeaxed ItobeYt R. Ears atxl
knos~m to me to be the Managing
He 2n xmited Lz liky Company knot+rn ae Kai 1~dt'tt7A~sSa L~
who eu cribed said L m to Liabi sty
Company Hama to the fora-9a1 nt, and acknow~.edged Co atie
t t C hem a toted the sa `i,LC name .
`~' ~o=wq~ .ding at: mfr-'
Notary P c" C ; ~'•
~~~ogt4~~o.
~•.,_.
No. 8629 P. 2!4
T
2
~~
i
.~
i.
r
~Aug.25. 1998 2:29PM American band Title No. 8629 P. 3/4
*.HGAL DESCRIPTION - icantinued} FILE N0: 49615
EKflIBIT A
A PARCEL OF LAND 8&ING A PORTiON OF TA£ Swi/4 08 SECTION 20, TOFAiSHIP ] NORT$, RANGE 1
EAST, $0238 HERIDIAN, ADA COUNTY, IDAHO, SAID PARCEL aBING HORS PARTICQLARLY DESCRIBED iL5
FOLLOxS:
BEGINNING AT TH8 SW CORNEA OP SECTION 20, T.3N., R.1Ti., B.K., T[1>s~iC$
S 89.39'22" E 951.40 FSB'1' ALONG THE SOOTH$RLY 80VHDABY LINE OF SAID SECTIODi ZO TO A POINT
ON THE CENTSRLINB OP TRS SIG,t3T MILE LAY8kA1,, THE REAL DOINT OF 86GItuaING OF THIS
SUBDIVISION; T1~liCE
lv 03.04'30• tit 45.OA 8887 ALONG TH& CENTSRLINB OF 1718 EIGHT MILE LATERAL TO A POINT; THENCE
S A9°]4.27" Y 10.07 FSST TO A POINTt TR8NC8
N 03°04.10" x 276.fi8 FEET TO A POZNT OF C1IILW-TQ1t8:
TAR AF.ONG A CURVg TO TRH LEFT 207.01 FEET, SAID CORVS SAVING A RADIUS OF 360.00 8867,
CF2iTR.AL ANGLE OF 74°07.42•. TANGENT'S OP 110.85 FBBT AND A CKORD OF 192.97 FHEi xAICH HEARS
N 40°06'01• K TO R POII4T; TBSWC&
N 77.11'52° li 15.3] FEET TO A POINT; TlD:NCS
N 13.30.00. 6 111.81 P88T (FORMERLY DfiSCRiHBn AS 7,11.80 SSST~ TO A POINT; THSNCF
ALONG A CARVE TO TR$ RIGHT 29.OS FEET, SAID CURVE RAt/YatG A RADIO$ 475.00 888'1', CENTRAL
ANGLE OF 0]`]0'15", TANOENT9 14.5] FEET AND A CHORD OF 29.05 FBBT MHICS BEARS 6 '-3°48'46•
E TO A POIDIT (6AID CORVS FORMERLY DESCRIBED AS A CURVE TO TA7; RIGHT 19.01 FEET, KITH A
RADIUS OF 475.00 F$ST, CENTBAI. ANCLti OF 03.79.58•. TANGENT6 34.51 FEET AND A CRORD OF
36.00 FF$T 88ARI.DiG D 7]•45.55^ Y TO A POINT)i THENCE
N 37°56.12" B (FORMERLY DSSCRIBfiD AS N 17.59'03" 8} 50.00 8b8T To A POYL4T, TsEHC73
N 21.00'00" 6 105.75 FEET (FORMERLY DF:SCRZSED A3 105.79 FEET) TO A POINT; TR8NC8
N 01.17'09• B 10.07 FEET TO A FOTNT; THENCE
6 b3•S6'00" Y 91.99 FEET TO A POINT: THF21C8
g 77.13'52• H 234.78 FSBT T'0 A POZDiT; TAENCB
'T 11°48'Ob• S 111.00 FBfiT TO A POINT; Tl05rfCs
N 14.25.50• S 50.02 FEET TO A POIDTP; TH~TCE
N li°00.00^ E 1!1.09 FS6T TO A POINT; TI~CB
N 13•C7.49" E 104.66 FEET TO A POINT; THENCE
N 00.25.36" E 93.65 FSBT IiD A POINT ON THS NORTHERLY 80@mARY LINE OP 7115 Swii4 OF SAiD
sECrroN aot Ta&NCB
S 09.49'11` S 506.66 BEST ALONG 'LHS NORTHERLY 800NDARY LINE OF TBE Gilt/4 OF SAID SECTION
20 TO A POINT; 'TH8PICB
6 00°25'30- x 121.97 @S8T TO A POINT;
TSffiCB ALONG A C^8YE TO TIO; LEFT 5.00 PELT, SAID CURVE HAVI]iG A RADIIIS OF 97.9.00 PEST,
CENTRAL ANGLE OF 00.17 ~ 3®", TANt162iT9 OP 2.50 FEET ANb A CKORD OP 5.00 FEE'!' >is~CN SEAR.o
6 88.59.13 E TO A POINT; THENCE-
S 00.51' S0^ Ui 50 .00 FS1TT TO A POII~TL;
THENCE ALONG A CIgiVE TO THfi RIGHT 12.62 FRET, SAID CURVE HAVIl7G3 A RADIUS OF 7.,025-00 FBbT,
CENTRA3. AN6L6 OF 00.42'19", TANG~'1'S OF 6,31 FELT AND A CHORD OY 32.62 FEET xHICH ESARS
N 89.27'00" W TO A POINT; TASNCE
s oo•1s•3a• x loo,aa FEfiT TO A POINT; Tt~plce
v 09•]2'22• E ;0.93 FEET 1'O A POlIiT: THENCE
S 00.25'38• u 150.00 FSfiT TO A POINT: TBSNCS
N 89°34'22• H 35.59 FSBT 1'O A POINT; THENCB
S 04°00'00• B $16.65 FEET TO A POINT; THSDIC$
S 89.32.22• @ 11.99 FEb'! TO A ?OINT; THEItCE
ICONTINOED}
BRIGGS ENGINEERING. Inc. 1800 West Overland Road
^- Boise, Idaho 83705 - 3142
ENGINEERS /PLANNERS /SURVEYORS voice (208) 344-9700
l=ax (208) 345-2950
E-mail BEldaho@Compuserve.com
September 3, 1998
STATEMENT OF CONFORMANCE
SHERBROOKE HOLLOWS SUBDIVISION N0.2
1. The final plat is in conformance with the approved preliminary plat and reflects conditions setforth
in the findings.
2. All lots meet or exceed the dimensional standards of the R-4 Zone. The plat is in conformance with
the provisions of the Meridian City Ordinance.
3. The plat conforms to acceptable engineering, architectural and surveying practices and local
standards.
STATEMENT OF COMPLIANCE
1. All streets are proposed as public with 50-foot right-of--ways, curb, gutter, 5' sidewalk acid 36' back
to back asphalt.
2. The proposed residential use is in conformance with the Meridian Comprehensive plan.
3. The development will connect to the Nine-Mile Sewer Trunk line and to central water.
4. The subject development complies with the Meridian City Ordinance. A variance request was
approved for block length and piping of the Ridenbaugh Canal and Nine-Mile Drain.
5. The final plat reflects all existing and proposed easements.
6. The street names~comply with comments by the Ada County Street Name Committee.
98 0602/stm n t-conform
Aug. 25. 1998 2:29PM American Land Title No, 8629 P. 4/4
CFGAL•DFSCRIF?ION - lcontinu¢d) FTT"Y NO: 49615
S 00°25'18• N 50.00 Fes' 'r0 ~- p0~; '1•p13RC8
3 DO°30'53" & 120.90 fNBT TO A FO1NT; T
5 09°34'2]• S 16.5 FSST TO A POINT; TAElTC&
3 00°34'21" if 516.00 FBSf TO A POINT OP THB SOVI~SRLY 900lIDA8Y OF THE &171/4 OP' SAID
6ECTION 20; TIgNCg
M B9°34'22^ 9! ]98.90 F8E1' ALONG THS SOtTiI;i~+,LY H002IDARY LIMB OF TAS Sill/4 OF SA=D SECTION
20 To T8S REAL POINT OF B}:GII~IIIINp,
PROPOSSn SHERJ3Tii004CE HOLIAwS sUBDiVISION N0. 1
r~
.~_ SUBDIVISION EVALUATION SHEET
Proposed Development Name SHERBROOKE HOLLOWS NO. 2 City Meridian
Date Reviewed 09/17/98 Preliminary Stage Final XXX
Engineer/Developer ._Briggs Engr. /Gem Park 2
The Street name comments listed below are made by the members of the ADA COUNTY STREET
NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in
accordance-with the Boise City Street Name Ordinance.
The following existing street name shall appear on the plat
"EAST VICTORY ROAD"
"E. DWORSHAK DRIVE" and "E. DWORSHAK CT "are approved and shall appear
on the plat.
"E. LAKE CREEK DRIVE" is approved and shall appear on the plat
"S. GRIMES CREEK AVE " is approved and shall appear on the plat
"E. MACKAY CT:° is approved and shall appear on the plat
"S. BULL TROUT AVE." is aligned to the north with "S. GOLD BAR WAY" and shall
be named "S. GOLD BAR AVE."
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 GOUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR
DESIGNEES ~ ~
Ada County Engineer John Priester s~ Date _(7
Ada Planning Assoc. Ann Hurley Date ~ - ~ cl
City of Meridian Representativ ~ Date -/ ~
~ ~
Fire District Meridian Representative p
Date %`~~9~
NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the
time of signing the "final plat", otherwise the plat will not be signed !!!!
Sub Index Street Index 3N 1 E 20 Section
NUMBERING OF LOTS AND BLOCKS ~^ ~ lGl ,'i~0~-'Y~ G~'/'P,;~C Cyr J~~
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~~ KLEINFELDER
An employee owned company
September 15, 1997
File: 30-609902
Park Pointe Realty, Inc.
623 North Discovery Way, Suite 100
Boise, Idaho 83706
Attention: Ms. Tamara Rogers, Development Construction Coordinator
Re: Sherbrook Hollow Subdivision Groundwater Evaluation
Meridian, Idaho
Dear Tamara:
;t yo~.zr request a representative from our offce has been to the subject site to observe the
excavation of five test pits excavated to depths of up to ten feet in areas where high groundwater
has been reported.
The test pits were excavated on September 11, 1997 using atire-mounted backhoe. Subsurface
soil conditions encountered in the test pits consisted of three to three and a half feet of silty clay
topsoil which transitioned in an approximately 12-inch zone to dense fine to coarse sandy gravel.
Contact with the fine to coarse sandy gravel varied from depths of approximately to three and a
half to four and a half feet below the existing ground surface. A zone of weak discontinuous
cementation was observed in the upper one to two feet of the dense, fine to coarse sandy gravel
and perched groundwater was encountered in test pits 2 and 3 at depths of four feet.
As mentioned previously, groundwater was encountered in test pits 2 and 3, which are adjacent
to existing irrigation ditches or drainages. Water was not encountered in test pits 1, 4 and 5.
Based on our observations, it appears that the water in test pits 2 and 3 is coming from the
existing irrigation or drainage ditches and is percolating into the soil and traveling along the top
of the cemented fine to coarse sandy gravel. Observed water was only in areas adjacent to the
A:\30609902\3067L093.doc Page 1 of 2 September 15, 1997
Copyright 1997 Kleinfelder, Inc.
KLEINFELDER 554 North Steelhead Way, Suite 184, Boise, Idaho 83704 1208) 376-9700 (208) 376-9703 fax
ditches and did not appear to extend across the site. This is consistent with similar experience we
have had in the area. The volume of water flowing into the test pits was approximately two to
three gallons per minute. However, observed water in the test pits appear to be water which had
been stored in the void spaces of the soil and we would anticipate that long term flow from the
irrigation or drainage ditches through the soil would possibly be less. Based on our observation,
it is enr opini~?7 that the perched groundwater on the project site may be encountered within 50
to 100 feet of the ditches and could be controlled by controlling irrigation water. This could be
accomplished by either piping or collecting irrigation and drainage water in impervious ditches,
pipe or other water transport systems.
We appreciate the opportunity of working with you on this project. If you have questions or
comments regarding our observations or opinions presented in this letter please contact our
office.
Respectfully submitted,
I~L,EINFELDER, INC.
J. Paul Bastian, P. .
Project Engineer
~~
Joseph J. Squire
Area Manager, Idaho
A:\30609902\3067L093.doc Page 2 of 2 September 15, 1997
Copyright 1997 Kleinfelder, Inc.
K L E I N F E L D E R 554_ North Steelhead Way, Suite 184, Boise, ID 83704 (208) 376-9700 (208) 376-9703 fax
DESCRIPTION TEST PIT 1
0
CL SANDY SILTY CLAY - brown, medium stiff, damp.
z -
----
-
3 - - --
-
-----
Transitioning
a
Weakly cemented
5
Gp
FINE TO COARSE SANDY GRAVEL -Light
w 6 brown, cease, d~ r.
~'
S
c~
9
,o Test pit terminated at 9 feet on September 11, 1997
tt
tZ
13
14
DESCRIPTION TEST PTf 2
0
SANDY SILTY CLAY- Brovm, medium stiff, moist.
Z CL
3 Transitioning
4 ~
Perched Ground ~'Vater on September 11,1997
5
GP FINE TO COARSE SANDY GRAVEL - Light brown,
w 6 medium dense, damp to wet.
.~
~
~i'
(~ 8
9
to Test pit terminated at 9.5 feet on September 11, 1997
tt .
Iz
13
l4
~,~ KLEiNFELDER LOG OF TEST PITS 1 &2
PLATE
PROJECT NO
.
30-6099-02 P~~DaY: ms Dam: sePt~ tz, tv~
'Sherbrook Subdivision Ct~CtcEDaY: ~s DATE: September I5, t~~
DESCRIPTION TEST PIT 3
o -
1 - CL - SANDY SILTY CLAY - brown,- medium stiff, damp.
Z
3 -
4 - ------- -
Transitioning o perched Ground Water on September 11, 1997
Weakly cemented
5
~,
Gp
FINE TO COARSE SANDY GRAVEL -Light
w 6 brown, dense, damp to wet.
~7
Q8
9
,o Test pit terminated at 9 feet on September 1 1, 1997
11 -
12
13
14
DESCRIPTION TEST PIT 4
0
SANDY SILTY CLAY- Brown, medi~am stiff, moist.
Z CL
3 Transitioning
4
5
Gp FINE TO COARSE SANDY GRAVEL - Light brown,
6 medium dense, damp.
.a
~~
~8
9
to Test pit terminated at 9.5 feet on September 11, 1997
it
12
13
14
I
I~'~ KLEINFELDER
LOG OF TEST PITS 3&4
PLATE
PROJECT NO
.
30-6099-02 PREPARED BY: !PB DATE: September 12, 1997
- SherbrooiF'Subdivision c~CxEDBY: is DATE: Septemb« 15,1997
0
DES~~
TEST PIT 5
2
3
4
5
6
w
rJ~
a~i"
Q8
9
10
11
12
13
14
SANDY SILTY CLAY - brown,. medium stiff, damp.
Transitioning
Weakly cemented
FINE TO COARSE SANDY GRAVEL -Light
brown, dense, d?mp.
Test pit terminated at 10 feet on September 11, 1997
~~ KLEINFELDER LOG OF TEST PIT 5
PLATE
PROJECT NO.
30-6099-~2 s PRF~ARID BY: JPB DATE: September 12, 1997
Sherbrook Subdivision c1~cxED BY: is DATE: September l5, 1997 ~}
i
~S ~X. C~UYk'.>C° 5~1~~~
_ ~~
Kleinfi:lder - I<3oise
I'~U1~'LiILtR UR 1'~4(nl:5 IIVCLUU[[~I~G CUVt~li: i1iF,];'!':
A'i K S5,AG F;
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rltorrt:: _ -__._._
FAX: _~..,.,_.. _.-------- ------
I' [UPI ~: 208-7 76-9700
1+ q7i: 2QR-37b-9703
U!t(GJ{`[AL WILL FOI.L~W I 1
ORlG4~1hL V4'[L!. NOT FULI~U'QV I~/ 1
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_r. - .~ --• -J..- - .J_ -- - ---' tf share arc lxrbleme rei{otQ~ ~ teleeopy. Please call (2l1~j 376'70(!
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~iClttl~~li(~Ci-, I1roC. ~ :,;t, a.~°~ ~'"" 1
5,44 Nor11i Sseelh+aad Way, Suite ISA . ,~ .. -~« -t•
liaise, ldati~ 8';7(ld
NVaser Retvwrer
C;ooru'hnica! 8r{6{~sCaiaB - Enun~nmentst! Ellgfreeeri+lg Materiat+ 7'esu+rK '
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]C~~ C~v~~ ~lh~~t
[BATE: _.-" t~~----I-{-~y~.._._.__.- _- '1'II~YE: ~:~O~~w~
f'(ZQM: ~ ~ •_ ,'~r?,~.-. - •------------- PRONE: Z08-376-970
Kieiniietdez- - poise I•,AX: 2U8-376-47Q3
~y:]V'C ~Y: ~~~ :...~~"'.+:~ --.-- -- ~ PROJECT NO.: ~a ~- tod~Y~~C!
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{tE: ~-0~,~1~2~....._~t;{~•- - `~s~xt~. t Jas ~d ~.~ UTd1GBN.~#):. W[LL I'OLLC)W
CC' --•--•- -...,._ .- --•__-- ORAG><3-TAL WiI,1. NOT FC)LLO~W !
~UM~ER OF PACRE;S 11VC1•l1DiI'~iC: COYER Si-TM;IE'~': ~-
144ES5ACE
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If thcte ate ptohlams regatdiag U~ds Iclcoopy, please call (10$j 37fr970D
~Elr'"~'= •r
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5§4 Nflrih Stcefhca~ci Way, Suite 184 :r' .. :`.i'~~w~ -.•. _ .
Fiuisc, Idaho 83704 "~: ~., ~ ,
.~.
Georsch~tfcat F.n~eoripg • iEavilprtereeAtpf E+~giseM,g • Mseertnfr Tistutg • water A ,
Alli;- 1-fl7 FRI 9:31 KLEI1~ELl)~:k-~Ut~E; rxx rlu. ~uu 3rb aru~ ~. ~~ '
i
PRC~.I~CT NQ' 30-~Q9901
PRO.tFCT: t~~t Gnove Subdivision
GLtENT: Park Pginte R~Ity
' StISJEC.'T: C•ndwater ~levaticm A~ton+tc~ring Summary
~ flepth to '
--- i Depth of 1 ' -..~..: - . --~~--- ~ ..Water - ..
~ _ Well iVo: ~. Wefl . . ~ ..January ~Ipril _ _. _ Ar1a~.M- .. June --- J~_-_{
! 5 9'-11" 9'9.6"' NMW 1'-10.5' 4'-10.8' 8'-$.0"
B 9' -10" ~ NMW NMW NMW 2' - 1q-8 2' -11.0"
' 7 9',8" 4'-96" NMW NMW 0'-4.$" -0'-b.~25"
' $ ~ 9' - 6" $' - 2_~" NMW 5' -1.2" S - 8.4" 4' - 4.8"
9 9'-1Q" I 6'-2.4" 8'-0" 8'-2.1" 1'-0" 4'-1.2" ~ .
10 ~ 9' -11" ~ NMW NMW NMW NCtA1N NMW
... ....... _..- -- -.. _..__.._ _ .. -...---.1
NO$~: Mi4tW - NCt Meas~,urable Water ettioour~ten~
* - Welker reading ovujd possibly be clue to water rat~fned in the bpttom
C.~+p of the monitoring vv~fl Aff~•
All measunne~lts wore mPascired and recorded relative to the tap of the
weft stand pipe.
Negaklve readings indicate that this water ale+eakian was above the top of
ts7e t~velt stand pipe_
nl.•'T 1 JI l l11 V•,!l 11LL lILL LLVLII Vv au - ~ -
~,; `,'. _. -,•t•-:.#.~r__ _ ~•...-._.:~ ~ ~ ;.:~„r--'E~~• .-,r~,~.r- ~ ° .ez:~(! FRANf(L/N •
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DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 1998,
by and between the.. CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party
of the first part, hereinafter called the "CITY", and Gem Park II ,and Idaho General
Partnership, party of the second part, hereinafter called the "DEVELOPER", whose address is
P. O. Box 344, Meridian, Idaho 83642.
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and
by this reference incorporated herein as if set forth in full; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A,
Development Agreements, which provides that cities may enter into development agreements
with developers upon rezoning of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one when
land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned,
11-2=417 D; and
WHEREAS, an application for annexation and zoning of that certain property described
in Exhibit "A" was submitted, requesting zoning of Low Density Residential District (R-4Z
and the DEVELOPER has submitted a subdivision final plat for said property; and
WHEREAS, the DEVELOPER made some representations at the public hearing before
the Meridian Planning and ~vning Commission as to how the land would be developed and what
improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation
or rezoning of property; and
WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this
agreement and acknowledges that this agreement was entered into voluntarily and at its urging
and request; and
WHEREAS, a request was made to the CITY to have the same annexed to said CITY, or
rezoned, and the DEVELOPER has submitted to the CITY a Plat thereof which has been
approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted
and approved Findings of Fact and Conclusions of Law; and,
WHEREAS, the Findings of Fact and Conclusions of Law required that the
DEVELOPER enter into a Development Agreement; and
961 l 02\devel-agr
SHERBROOK HOLLOWS 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 far the annexation, rezone, or the non-de-annexation of the area,
as follows:
1. That the above recitals are contractual and binding and are incorporated herein as
if set forth in full, and the terms of this agreement cannot be altered, changed or
modified without the express written consent of the CITY.
2. That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit "A"
a. Suhmit a subdivision plat application of the property to the CITY to be
approved by the CITY and recorded in the Ada County Recorder" office
prior to any development.
b. That the property zoned R-4 ,described in "Exhibit A", shall have lot
sizes of at least Eight Thousand (8,000) square feet, which is the
size represented at the City hearings, and shall meet all of the requirements
of the R-4 zone including a minimum house size of Fourteen Hundred
(1,400) square feet, and have no duplex units, townhouses, or patio homes
constructed on said property.
c. That there shall be no change to increase the number of lots or reduce the
size of lots as shown in the preliminary plat by the DEVELOPER and
approved by the City; which is incorporated herein as if set forth in full
herein.
3. That DEVELOPER will file or cause to be filed with the City Engineer, a
complete set of "Subdivision Improvement Plans" (Improvement Plans") showing
all streets, utilities, pressurized irrigation facilities, fire hydrants, extensions. of
water lines to and along the exterior boundary of such property, landscaping,
drainage, street and other similar signing and barricades, and other such
improvements contemplated within the development, which Improvement Plans
and all improvements shown thereon shall meet the approval of the City Engineer.
Said Improvement Plans are incorporated herein and made a part hereof by
reference.
4. That DEVELOPER will, at leis or their own expense, construct and install all
961 102\devei-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 2
sanitary sewers, storm drains, pumping stations, water mains and appurtenances,
fire hydrants, curbs and gutters, pressurized irrigation system, electrical
transmission lines, natural gas lines, telephone lines, sidewalks, cross drains,
street, street surfacing, street signs, and barricades as well as any and all other
improvements shown on the Improvement Plans as reviewed and approved by the
CITY.
DEVELOPER agrees that no Certificates of Occupancy will be issued for any
building or use on a iot until all improvements have been irLstalled, completed ur~d
accepted by the CITY for any phase.
5. That DEVELOPER will construct and install all such improvements in strict
accordance with the filed and approved plat and Improvement Plans, and the City
Standard Engineering Drawings and Standard Engineering Specifications current
and in effect at the time the construction of said improvements is accomplished.
6. That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what improvements he intends to
complete and the time schedule therefor; and agrees to make such modifications
and/or construct any temporary facilities necessitated by such phased construction
work as shall be required and approved by the City Engineer.
7. That DEVELOPER will have "corrected" original drawings of the Improvement
Plans of all said improvements prepared by a Registered Professional Engineer
and will provide the CITY with said Plans or a duplicate mylar copy of said Plans.
The Improvement Plans of the proposed improvements shall be "corrected" to
show the actual constructed location (both horizontally and vertically) of the
various water and sewer lines, all utility lines, and pressurized irrigation lines and
their individual building service lines, the curb and gutter alignment and grades,
etc. The "corrected" Subdivision Improvement Plans shall include a
"Certification" thereon, signed by the Registered Professional Engineer in charge
of the work, that said Plans of the various improvements are true and correct
8. That DEVELOPER shall, immediately upon the completion of each of the two
phases of said development, notify the City .Engineer and request his inspection
and written acceptance of such completed improvements or portion thereof.
9. That DEVELOPER agrees, that upon a Finding by the City Council, duly entered
in the official minutes of the proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need to be completed in the interest
of the health, welfare and/or safety of the inhabitants of the CITY, the
DEVELOPER will, within a reasonable time as determined by the CITY,
construct said needed improvements, or, if he does not so construct within a
reasonable time after written notification of such Council action, and the CITY
thereafter determines to construct, and does construct such improvement, or
961102\devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 3
improvements, the DEVELOPER will pay to the CITY the actual costs paid or
incurred by the CITY for such improvements so constructed by the CITY, plus
interest thereon at an annual interest rate equal to the prime interest rate of First
Security Bank of Idaho plus 'five percent (5.0%) until paid, said payment to be
made in such manner and under such terms as the CITY shall order after
conference with the DEVELOPER. Provided, however, the City Council shall
not make the Finding set forth in this paragraph except at a regular or special
meeting of the City Council, duly held, and unless the DEVELOPER has been
notified in writing of the time and place of such meeting at least three (3) days
prior thereto and has been given an opportunity to be present in person or by
counsel,-aria to be heard on tlie"tnerirts3T the proposed rinding. ~- ~ ~-- `-
10. That DEVELOPER agrees that upon his, its, or their having received written
notification from the City Engineer, that any of the requirements herein specified
have not been complied with, that the CITY shall have the right to withhold the
issuance of any Certificates of Occupancy within such phase andJor shall have the
right to withhold the providing of culinary water service to any part, parcel, or
portion of such annexed area until such time as all requirements specified herein
have been complied with; provided, however, the DEVELOPER shall have the
right to appear before the City Council at any regular meeting after any Certificate
of Occupancy or any water service shall have been withheld for reasons set forth
in this paragraph, and shall have the right to be heard as to why such Certificate of
Occupancy should be issued or water service allowed. The Council shall then
decide whether said Certificate of Occupancy shall be issued or water service to
-said property allowed, and its decision shall be final, except that the rights of the.
parties are preserved at law and equity including, but not limited to, the right of
appeal to a court of appeal to a court of competent jurisdiction.
11. DEV I/LUl'ER agrees that; in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, install the improvements
and declare the entire cost of said improvements to be immediately due and
payable and may seek to collect such sums in the manner provided by law, or may
pursue any other remedy set forth herein or as may be available in law or equity.
In the event of such declaration, all sums due shall bear interest at the prime
interest rate of First Security Bank of Idaho, plus five percent (5%) per annum,
until paid.
12. 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
961 102\devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 4
and deliver a partial release of the lien created herein against all or any portion of
the subject land, upon completion of that portion of the total improvements
installed which relates to the percentage of improvements that have been installed
as compared to the total amount of improvements.
13. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by
written agreement, subordinate the lien created hereby, to any mortgage, deed of
trust, or other security device required to secure the payment of any loan or
advance mad:, to DEVELOPER fcr the sole p',.:rpcse of financing the corstractic:
of improvements upon the land which is the subject of this Agreement; provided,
1iOw~Jc, iiia< <uc litlaltl:utg cuu~y Jltall llt~~ WdilallL ~a11u 1CpI eJGllt nl-'W i'itiri~; iiia~
it understands that the contemplated loan or advances will be used solely for the
construction of improvements upon the land and that it will take reasonable
precautions usual and customary to the financing and lending industry to ensure
that the loan proceeds or advances will not be used for any other purpose.
14. The CITY may also require surety bonds, irrevocable letters of credit, cash
deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the
Revised and Compiled Ordinances of the CITY of Meridian, to insure the
installation of the improvements, and the DEVELOPER agrees to provide such, if
required by the CITY.
15. That DEVELOPER agrees that as security for the construction by the
DEVELOPER of the Project Improvements, the CITY shall require from the
DEVELOPER irrevocable letter(s) of credit, cash deposit(s), certified check(s), or
negotiable bond(s) as allowed under Section 11-9-606 C of the Revised and
Compiled Ordinances of the City of Meridian, and the CITY shall have the right
to withhold a building permit with respect to any lot within the property until the
same is provided. by the DEVELOPER. Said improvements shall include, but not
be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage
piping, pressurized irrigation system, landscaping and berming, and fencing.
16. That DEVELOPER agrees, in recognition of the unique and peculiar
circumstances relative to this development, to the special conditions set forth in
Exhibit "B" attached hereto and by this reference made a part hereof; and agrees
to construct a perimeter fence around construction areas to contain debris prior to
any construction, except where roadways and streets for access are located and
except where the CITY has agreed in writing that such fencing is not necessary.
17. That DEVELOPER agrees that those portions of the water main, as identified in
Exhibit "B" hereto, including any water line extensions, increased line size or
capacity, are required because of future service needs originating from properties
not owned by DEVELOPER and located within the vicinity of the subject
development. That sound planning requires construction thereof at the present
time in order to accommodate future expansion and development. In recognition
961102\devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 5
~.~.»
of the cost savings which can be accomplished by construction of such excess
capacity and/or improvements separately or at a later time, DEVELOPER agrees
to design and construct such facilities subject to the CITY's agreement to enter
into a late comers agreement to reimburse DEVELOPER for a portion of the costs
of such excess capacity. DEVELOPER` agrees to obtain three independent bona
fide bids for the performance of such work from qualified and responsible
contractors and shall deliver copies of such bids to the CITY prior to the
commencement of such work. Such bids shall be solicited and itemized in a
manner which allows clear and sped is identification of that portion of the
construction work for which the CITY may possibly agree to enter into a late
comers agreement. The %iT x `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.
18. That DEVELOPER agrees that no Certificates of Occupancy will be issued until
all improvements are completed, unless the CITY and the DEVELOPER have
entered into an addendum agreement stating when the improvements will be
completed in a phased development; in any event, no Certificates of Occupancy
shall he issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
19. That DEVELOPER agrees that any notice required by this Agreement shall be
deemed delivered if and when personally delivered or deposited in the United
States mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY of Meridian:
City Engineer
City of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
Gem Park II
P. O. Box 344
Meridian, Idaho 83642
With copy to:
Wayne G. Crookston, Jr.
33 E. Idaho Street .
Meridian, Idaho 83642
A party shall have the right to change its address by delivering to the other party a
written notification thereof in accordance with the requirements of this Section.
The parties may at any time hereafter modify or amend this Agreement by a
subsequent written agreement executed by the parties. This Agreement shall not,
however, be changed orally, nor shall it be deemed modified in any way by the act
of any of the parties hereto. Nothing herein is intended, nor shall it be construed,
961102\devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 6
as obligating a party to agree to any modification of this Agreement.
20. That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
21. All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPER'S heirs, successors or assigns.
22. This Agreement shall become ~~alid and binding or.Iy upon its approval by the
City Council and execution of the Mayor and City Clerk.
23. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian
and the property shall be subject to de-annexation if the owner or his assigns,
heirs, or successors shall not meet the conditions contained in the Findings of Fact
and Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian, and the Comprehensive Plan of the City of Meridian which
was approved and adopted on January 4, 1994.
96 1102\devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 7
~x~
DATED the date, month and year firs* ~r„A".;^^
CITY OF MERIDIAN:
By,
By
Robert D. Corrie, Mayor
William G. Berg, Jr., City Clerk
961102\devei-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 8
STATE OF IDAHO )
ss.
County of Ada) (~'~
On this / day of , 1998, before me, the undersigned, a Notary Public
in and for said State, personall appeared Greg Johnson ,known, or proved to me, to
be the President and Secretary of said corporation that executed this instrument and the persons
who executed the said instrument on behalf of said corporation, and acknowledged to me that
s;:ch corporation executed the same.
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tip vv • i 1va.:~~J yr ~ii:iu:vi , t iiuv~, it~.l~.uuw ,ic:i tiiy Yiaitu uiLU uiiinc.u 11ty C~LU~;iai SEutLihe_ _ _-.- __--.-
day and year in this certificate first above written.
'~~~ ~ ~ ~N~~~~
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o Cyr.
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~ ~ DoT AR Y s~ ~'~ ~ N ary Public for Idaho
d d. ~ ~ ~ ~ : Residing at: ~0'!~3"-c.. ,
(SEAL) ~ p ~- ~t G =~ = My Commission Expires: c~~a1'~7 co ~
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C+~ra=Etit2C~=~''~~
STATE OF IDAHO )
ss.
County of Ada)
On this day of , 1998, before me, the undersigned, a Notary Public
in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR..,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed
this instrument and the persons who executed the said instrument on behalf of said corporation,.
and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at:
(SEAL) My Commission Expires:
961102\devel-agr
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 9
EXHIBIT "A"
TO THE DEVELOPMENT AGREEMENT
. BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
GEM PARK II
A parcel of land being a portion of the South '/Z of Section 20, Township 3 North, Range 1 East, Boise
Mpririian, Ada f:pi_inty, Irrah~, caul narcPl hpinn mnra nartictilarly dacrrihari ac fpltpwe~
Commencing at the iron pin marking the corner common to Sections 19, 20, 29 and 30, T. 3N., R. 1 E.,.
B.M., Ada County, Idaho;
Thence N 0°44'50" E 1,327.36 feet to an aluminum cap marking the south 1/16 cornercommon to said
Sections 19 and 20, said point being the REAL POINT OF BEGINNING;
Thence S 89°49'11" E 2,228.88 feet along the north line of the South'/z SW 1/4 of said Section 20 to a
point on the centerline of the Ridenbaugh Canal;
Along said centerline the following courses and distances:
Thence S 20°43'05" E 111.76 feet to a point of curvature;
Thence along a curve to the left 168.45 feet, said curve' having a central angle of 12°52'06", a radius of
750.00 feet, tangents of 84.58 feet and a long chord of 168.09 feet which bears S 27°09'08" E to a point of
tangency;
Thence S 33°35'11" E 233.60 feet to a point;
Thence S 52°22'11" E 44.27 feet to a pant;
Leaving said centerline:
Thence S 0°25'48" W 206.24 feet to a point;
Thence N 89°34'12" W 538.36 feet to a point;
Thence S 0°34'22" W 126.54 feet to a point;
Thence N 89°32'04" W 639.99 feet to a point;
Thence S 0°34'24" W 531.00 feet to an Aluminum Cap marking the west 1/16 corner common to said
Sections 20 and 29;
961102.des
Thence N 89°34'22" W 388.90 feet along the line common to said Sections 20 and 29 to a point on the
centerline of the Eight Mile Lateral;
Along said centerline the following courses and distances:
Thence N 3°04'10" W 319.40 feet to a point of curvature;
Thence along a curve to the left 155.25 feet, said curve having a delta of 74°07'42", a radius of 120.00
feet, tangents of 90.64 feet and a long chord of 144.65 feet which bears N 40°08'01" W to a point of
tangency;
Thence N 77°11'52" W 523.60 feet to a point; i
Leaving said centerline:
Thence S 89°22'14" W 323.49 feet to the line common to said Sections 19 and 20;
Thence N 0°44'50" E 792.41 feet to the REAL POINT OF BEGINNING of this description, said parcel
containing 48.70 acres, more or less.
t
EXHIBIT "A" 961 102
SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
GEM PARK II
This subdivision is for 140 Single-Family dwelling units with an overall density of 2.87 dwelling
units per acre. The DEVELOPER shall:
i . i~E VELvrEIc shall ueveiup['ne properly describeu in Exhibii "A" as a i 4v lot Single
Family Residential Development pursuant to § 11-9-607 of the Meridian Zoning and
Department Ordinance.
2. DEVELOPER agrees to comply with the requirements of the Meridian Police
Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning
Director, Ada County Highway District (hereinafter "ACRD"), Central District Health
Department and the Nampa-Meridian Irrigation District.
3. DEVELOPER covenants and agrees that, in connection with the development of the
Subject Property as may be approved by the CITY pursuant to the Preliminary Plat
Application filed by DEVELOPER, DEVELOPER shall, at its cost and expense, do and
perform the following:
a. Landscaping -Locust Grove Road and Victory Road. Construct a landscape strip
within the Subject Property along the full length of the Subject Property adjacent
to the east right-of--way line of Locust Grove Road ("Locust Grove Road
Landscaping"), and adjacent to the north right-of--way line of Victory Road
("Victory Road Landscaping"). The Locust Grove Road and Victory Road
Landscaping shall be a minimum of twenty feet (20') in width beyond required
ACHD right-of--way. The Locust Grove and Victory Road Landscaping will be
landscaped and sprinkler irrigated in accordance with a landscape plan to be
submitted by DEVELOPER and approved by the CITY.
b. Sidewalk -Locust Grove Road and Victory Road. Prior to obtaining a building
permit on the Subject Property, deposit funds with the Ada County Highway
District for construction of a five-foot (5') concrete sidewalk or construct along
the full length of the Subject Property adjacent to the west boundary of the
Subject Property)"Locust Grove Road") and the south boundary of the subject
property ("Victory Road"). The Locust Grove and Victory Road Sidewalk shall
be constructed in accordance with the standards and specifications of the Ada
County Highway District (hereafter "ACHD") in effect at the time of
construction.
EXHIBIT "B" 96t toe
SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 4
c. Dedication/Sale of Additional Right-of-Way -Locust Grove Road and Victory
Road. Dedicate or sell land adjacent to the existing east right-of--way line of
Locust Grove Road and existing north right-of--way line of Victory Road required
to meet ACHD's requirement for aforty-five-foot (45') right-of--way from the
centerline of Locust Grove and Victory Road, including any necessary bike lanes.
d. Internal Roads. Construct the internal roads through the Subject Property as
shown on the final plat at the time of development of the Subject Property. The
roads shall be in the location and of the dimensions shown on the approved plat
and as approved by Ada County Highway District.
e. Subdivision Plat(s). DEVELOPER shall timely prepare, submit, and obtain the
required approval by the CITY of a subdivision plat for the Subject Property, said
plat to be in conformity with the requirements of the Ordinances of the City of
Meridian and State Code and preliminary plat approval.
f. Plan Approvals. Timely submit and obtain the required approval by the .City of
all building plans, lighting plans, landscaping plans, and other plans relating to the
development of the Subject Property in accordance with the Meridian City
Ordinances.
g. Compliance with ACHD Conditions of Approval. In the development.. of the
Subject Property, comply with the terms and conditions of the approval by ACHD
of the development of the Subject Property, as set forth in the ACHD Staff
Report. A masier drainage plan shall be submitted to ACHD and shall be
approved prior to construction of the development. In cases where ACHD's and
the CITY's conditions of approval conflict, the conditions which are more
restrictive shall take precedence.
h. Canals, Ditches and Waterways. Tile all canals, ditches and other waterways on
the Subject Property and submit evidence of appropriate approvals from the
irrigation district and/or downstream water users, except those waterways which
include the Ridenbaugh Canal, Eight-Mile Lateral and Nine-Mile Drain as
approved by variance by the Meridian City Council.
i. Water and Sewer Service. Connect all water and sewer facilities within the
3 Subject Property to the municipal water and sewer service of the City of Meridian.
All water and sewer facilities constructed or installed by DEVELOPER on the
Subject Property shall be in accordance with plans and specifications therefor
which shall be first approved by the CITY.
j. Landsca in -General. Construct and install all landscape areas, as shown on
plans to be submitted and approved by the CITY, with sod and sprinkler irrigation
system. All shrubs and trees planted on the Subject Property will comply with the
EXHIBIT "B" 961 102
SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 4
CITY's landscape requirements, unless otherwise expressly approved by the
CITY.
4. Li htin .All lighting will be designed`in accordance with Meridian Ordinance Section
2-414.D.3 and approved by the Meridian City Engineer. No glare or illumination of
adjacent properties, as determined by the CITY, will be permitted.
5. Maintenance of Landscaping. All landscaping referenced in this agreement shall be
nernetually maintained in a neat, aesthetically pleasing and workmanlike manner by the
DEVELOPER or the Sherbrooke Hollows Home Owners Association.
6. Pressurized Irri ation. Provide pressurized irrigation to all lots within this subdivision.
Evidence of approvals from appropriate irrigation District/canal Company and
downstream water users must be submitted to the City.
7. Fencing. Perimeter fencing (required prior to obtaining building permits). The fence
shall be six feet (6') in height and shall be permanent and constructed ofnon-combustible
materials.
8. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet all Ordinances of the CITY.
9. Extension of the Nine Mile Sewer Trunk Line. The applicant will be responsible for
extension of the Nir_e Mile Sewer Trunk line south on Locust Grove from the entrance of
Los Ala-nitos Subdivision to the subject property. The 12-inch sewer trunk line will be
extended through the subject property to Victory Road.
10. Relocation of the Nine Mile Drain. Provide evidence of plan approval from Nampa and
Meridian Irrigation District prior to relocation of the Nine Mile Drain.
11. Block Length. The Meridian City Council granted a variance of the maximum block
length of 1,000 feet on those block's which exceeded the requirement.
12. Shipley Property Drainage. Provide a plan with provisions for a perforated pipe to
intercept subsurface drainage along the north boundary of the subject property.
13. Pedestrian Bride. Provide evidence of a deposit in the amount of $15,000.00 to a
trust fund at Ada County Highway District for one-half the cost for a future pedestrian
bridge over the Ridenbaugh Canal.
14. One Story Lots. Lots 2, Block 2 and 2 Block 7 Sherbrooke Hollows No. 1 at the Victory
Road entrance shall be single story homes. The six (6) lots adjoining the southeast corner
of the subject property shall be single story to preserve the view corridor.
EXHIBIT "B" 961 l02
SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of yl~ 3
DRAFT
DECLARATION' OF
C~VII~IANTS, CONDITIONS AND RESTRICTIONS
FOR
SHERBROOKE HOLLOW SUBDIVISION
THIS MASTER DECLARATION OF OOVE~IANTS, CONDITIONS AND RESTRICTIONS FOR
SHERBROOKE HOLLOW SUBU.V25I0iv is made efi~:tivG as of ta.a day of ,
1997, by Gem Park II, an Idaho General Partnership ("Grantor" and "Class B
Member"). ,
4.1.8 Li htin ............................................... 5
4.2 Antennae ..................................................... 5
4.3 Insurance Rates ................................................. 5
4.4 No Further Subdivision ........................................... 5
4.5 Si ns ........................................................ 5
4.6 Nuisances ..................................................... 6
4.7 Exterior Maintenance; Owner's Oblieations .............................. 6
4.8 Drainage ...................................................... 6
4.9 Grading ...................................................... 6
4.10 Water Supply Systems ............................................ 7
4.11 No Hazardous Activities ........................................... 7
4.12 Unsightly Articles ............................................... 7
4.13 No Temporary Structures .......................................... 7
4.14 No Unscreened Boats, Campers and Other Vehicles ........................ 7
4.15 Sewaee Disposal Systems .......................................... 7
4.16 No Mining or Drilling ............................................ 7
4.17 EnerQV Devices, Outside .......................... ............... 7
4.18 Vehicles ...................................................... 7.
4.19 Animals/Pets ..... ............................................ 8
4.20 Landscaping ................................................... 8
4.21 Exemption of Grantor ............................................. 8
4.22 Water Rights Appurtenant to Subdivision Lands ........................... 9
4.23 Commencement of Construction ..................................... 9
ARTICLE V: SHEREBROOK HOLLOW HOMEOWNERS' (MASTER) ASSOCIATION ................ 9
5.1 Organization of Sherebrook Hollow Homeowners' Association ................ 9
5.2 Membership .........................:......................... 9
5.3 Voin~ ....................................................... 9
5.3.1 Class A Members ........................................ 10
5.3.2 Class 6 Members ........................................ 10
5.4 Board of Directors and Officers ..................................... 10
5.5 Power and Duties of the Master Association ............................ 10
5.5.1 Powers .....................:......................... 10
5.5.1..1 Assess_ments .................................... 10
5:5.1.2 Right of Enforcement .............................. 10
5.5.1.3 Delesation of Powers .............................. 11
5.5.1.4 Association Rules ................................. 11
5.5.1.5 Emer~encv Powers ............................... 11
5.5.1.6 Licenses, Easements and Rights-of-Way ................. 11
5.5.2 Duties ............................................... 12
5.5.2.1 Operation and Maintenance of Sherebrook Hollow Common Area
................. .......................... 12
5.5.2.2 Reserve Account ................................. 12
5.5.2.3 Maintenance of Berms, Retaining Walls and Fences ......... 12
5.5.2.4 Taxes and Assessments ............................. 12
5.5.2.5 Water and Other Utilities ........................... 12
5.5.2.6 Insurance ...................................... 13
5.5.2.7 Rule Making .................................... 13
5.5.2.8 Newsletter ..................................... 13
5.5.2.9 Architectural Committee ............................ 13
5.5.2.10 Enforcement of Restrictions and Rules .................. 14
5:6 Personal Liability ............................................... 14
5.7 Bud~efs and Financial Statements ................................... 14
TABLE OF CONTENTS - ii
5.8 Meetings of Master Association ..................................... 14
ARTICLE VI: LOCAL ASSOCIATIONS ............................................. 14
6.1 Creation by Grantor ............................................. 14
6.2 Management, Powers and Duties .................................... 15
6.3 Members of Local Associations ..................................... 15
6.4 Voting in Local Associations ....................................... 15
6.4.1 Class A Members ........................................ 15
6.4.2 Class B Member ........................................ 15
6.5 Annual Meetings of Local Association ................................ 15
6.6 Special Meetings .... ......................................... 16
6.7 Quorum and Officers of Meetings ................................... 16
6.8 Powers and Duties .............................................. 16
ARTICLE VII: RIGHTS TO COMMON AREAS ........................................ 16
7.1 Use of Sherebrook Hollow Common Area ............................. 16
7.2 Designation of Common Area ..................... ............... 17
7.3 Delegation of Right to Use ........................................ 17
7.4 Damages.......~ ..............................................17
ARTICLE VIII: PRESSURIZED IRRIGATION .......................................... 17
8.1 Irrigation District Service ......................................... 17
8.2 No Private Svstem ............................................. 17
8.3 Water Master ......................... ...................... 17
ARTICLE IX: ASSESSMENTS .................................................... 17
9.1 Covenant to Pav Assessments ...... .............................. 17
9.1.1 Assessment Constitutes Lien ................................ 18
9.1.2 Assessment is Personal Obligation ............................ 18
9.2 Regular Assessments ............................................ 18
9.2.1 Purpose of Regular Assessments ............................. 18
9.2.2 Computation of Regular Assessments .......................... 18
9.2.3 Amounts Paid by Owners .................................. 18
9.3 .. Special Assessments ....................... ... .. ... 19
9.3.1 Purpose and Procedure ................................... i 9
9.3.2 Consistent Basis of Assessment .............................. 19
9.4 Limited Assessments ............................................ 19
9.5 Uniform Rate of Assessment ....................................... 19
9.6 Assessment Period .............................................. 19
9.7 Notice and Assessment Due Date .................................... 19
9.8 Estoppel Certificate ............................................. 19
9.9 Special Notice and Ouorum Requirements ............................. 20
ARTICLE X: ENFORCEMENT OF ASSESSMENTS; LIENS ................................. 20
10.1 Right to Enforce ................................................ 20
10.2 Assessment Liens .................. .................... ..... 20
10.2.1 Creation ..............................................20
10.2.2 Claim of Lien .......................................... 20
10.3 Method of Foreclosure ........................................... 21
10.4 Required Notice ............................................... 21
10.5 Subordination to Certain Trust Deeds ................................. 21
10.6 Rights of Mortgagees ............................................ 21
TABLE OF CONTENTS -iii
ARTICLE XI: INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS ..................... 21
11.1 Member's Right of Inspection ...................................... 21
11.2 Rules Regarding Inspection of Books and Records ........................ 21
11.3 Director's Rights of Inspection ...................................... 22
ARTICLE XII: ARCHITECTURAL COMMITTEE ........................................ 22
12.1 Creation ..................................................... 22
12.2 Grantor's Right of Appointment ..................................... 22
12.3 Review of Proposed Construction ............................ ..... 22
12.3.1 Conditions on Approval ................................... 22
12.3.2 Architectural Committee Rules and Fees ........................ 22
12.3.3 Detailed Plans .......................................... 23
12,3.4 Architectural Committee Decisions ............................ 23'
12.4 Meetings of the Architectural Committee .............................. 23
12.5 No Waiver of Future Approvals ..................................... 23
12.6 Compensation of Members ........................................ 23
12.7 Inspection of Work ............................................. 23
12.8 Non-Liability of Architectural Committee Members ....................... 24
12.9 Variances .................................................... 24
12.10 Local Architectural Committee ...................................... 24
ARTICLE XIII: EASEMENTS ..................................................... 25
13.1 Easements of Encroachment ........................................ 25
13.2 Easements of Access ............................................ 25
13.3 Drainage and Utility Easements ..................................... 25
13.3.1 Improvement of Drainage and Utility Easement Areas ............... 25
13.4 Rights and Duties Concerning Utility Easements .......................... 26
13.5 Driveway Easements ............................................. 26
13.6 Disputes as to Sharing of Costs ..................................... 26
13.7 General Landscape Easement ....................................... 26
13.8 Overhang Easement ............................................. 26
13.9 Maintenance and Use Easement Between Walls and Lot Lines ................ 26
ARTICLE XIV: MISCELLANEOUS ................................ .............. 27
14.1 Term ....................................................... 27
14.2 Amendment .................................................. 27
14.2.1 By Grantor ............................................ 27
14.2.2 By Owners ............................................ 27
14.2.3 Effect of Amendment ..................................... 27
14.3 Mortgage Protection ............................................. 27
14.4 Notices ..................................................... 27
14.5 Enforcement and Non-Waiver ...................................... 28
14.5.1 Right of Enforcement ..................................... 28
14.5.2 Violations and Nuisances .................................. 28
14.5.3 Violation of Law ........................................ 28
14.5.4 Remedies Cumulative .................................... 28
14.5.5 Non-Waiver ........................................... 28
14.6 Interpretation ................................................. 28
14.6.1 Restrictions Construed Together ............................. 28
14.6.2 Restrictions Severable .................................... 28
14.6.3 Singular Includes Plural ................................... 28
14.6.4 Captions .............................................. 28
14.7 Successors and Assigns ... ...................................... 28
TABLE OF CONTENTS - iv
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY ........................................ 30
EXHIBIT B
LEGAL DESCRIPTION OF
SHEREBROOK HOLLOW COMMON AREA ................................... 31
EXHIBIT C
LEGAL DESCRIPTION OF SHEREBROOK HOLLOW TRACTS ....................... 32
TABLE OF CONTENTS - v
ARTICLE I: RECITALS
1.1 Property Covered. The property potentially subject to this Master Declaration of Covenants,
Conditions and Restrictions for Sherebrook Hollow Subdivision ("Master Declaration") is the Property legally
described in Exhibit A attached hereto and made a part hereof (the "Property"). Grantor intends to develop
the Property in stages, which initial stage is more fully described in Exhibit C to this Master Declaration. Each
development stage shall constitute a Tract, as defined herein.
1.2 Residential Development. Sherebrook Hollow Subdivision is a residential development,
which Grantor currently intends to develop in accordance with existing development approvals obtained by
the City of Meridian and documented in Meridian City files , or any other development plan(s)
for which Grantor may from time to time obtain approval. Certain portions of the Property may be developed
for quality detached single-family residential homes. The Property may contain parcels of Common Area,
including streams and canals, public and/or private open space, park areas, landscaping, recreational facilities,
private streets, drives, and other amenities and facilities. Any development plans or schemes for the Property
in existence prior to or following the effective date of this Master Declaration are subject to change at any time
by Grantor, and impose no obligation on Grantor as to how the Properly is to be developed or improved.
1.3 Purpose of Master Declaration. The purpose of this Master Declaration is to set forth the
basic restrictions, covenants, limitations, easements, conditions and equitable servitudes (collectively
"Restrictions") that will apply to the entire development and use of all portions of the Property. The
Restrictions are designed to preserve the Property's value, desirability and attractiveness, to ensure a well
integrated, high-quality development, and to guarantee adequate maintenance of the Common Area, and the
Improvements located thereon in a cost effective and administratively efficient manner.
ARTICLE II: DECLARATION
Grantor hereby declares that the Property, and each lot, parcel or portion thereof, is and/or shall be
held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the
following terms, covenants, conditions, easements and restrictions, all of which are declared and agreed to be
in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the
Property, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants,
conditions, easements and restrictions set forth herein: shall run with the land constituting the Property, and
with each estate therein, and' shall be binding upon all persons having or acquiring any right, title or interest
in the Property or any lot, parcel or portion thereof; shall inure to the benefit of every lot, parcel or portion
of the Property and any interest therein; and shall inure to the benefit of and be binding upon Grantor,
Grantor's successors in interest and each grantee or Owner and such grantee's or Owner's respective
successors in interest, and may be enforced by Grantor, by any Owner or such Owner's successors in interest,
or by the Master Association or any Local Association.
Notwithstanding the foregoing, no provision of this Master Declaration shall be construed as to
prevent or limit Grantor's right to complete development of the Property and to construct improvements
thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities
on any portion of the Property, including the Common Area or any public right-of-way, nor Grantor's right to
post signs incidental to construction, sales or leasing.
ARTICLE III: DEFINITIONS
3.1 "Architectural Committee" shall mean the committee created by the Grantor or an
Association pursuant to Article XII hereof.
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3.2 "Articles" shall mean the Articles of Incorporation of an Association or other organizational
or charter documents of an Association.
3.3 "Assessments" shall mean those payments required of Owners, Master Association Members,
or Local Association Members, including Regular, Special and Limited Assessments of any Association as
further defined in this Master Declaration.
3.4 "Association" shall mean the Master Association andlor a Local. Association, whichever is
appropriate in the context.
3.5 "Association Rules" shall mean those rules and regulations promulgated by an Association
governing conduct upon and use of the Property under the jurisdiction or control of an Association, the
imposition of fines and forfeitures for violation of Association Rules and regulations, and procedural matters
for use in the conduct of business of an Association.
3.6 "Board" shall mean the Board of Directors or other governing board or individual, if
applicable, of an Association.
3.7 "Buildine Lot" shall mean one or more lots within a Tract as specified or shown on any Plat
and/or by Supplemental Declaration, upon which Improvements may be constructed. The term "Building Lot"
shall include single-family residential lots, but shall not include the Common Area.
3.8 "Bvlaws" shall mean the Bylaws of an Association.
3.9 "Common Area" shall mean any or all parcels of Sherebrook Hollow Common Area or
Local Common Area, whichever is appropriate in the context, and shall include, without limitation, all such
parcels that are designated as private streets or drives, common open space, common landscaped areas.
3.10 "Declaration".shall mean this Master Declaration as it may be amended from time to time.
3.11 "Grantor" shall mean Gem Park 11, an Idaho general partnership, or its successor in interest,
or any person or entity to whom the rights under this Declaration are expressly transferred by River View
Ventures or its successor.
3.12 "Improvement" shall mean any structure, facility or system, or other improvement or object,
whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of
the Property, including but not limited to buildings, fences, streets, drives, driveways, sidewalks, bicycle paths,
curbs, landscaping, wildlife habitat improvements, signs, lights, mail boxes, electrical lines, pipes, pumps,
ditches, recreational facilities, and fixtures of any kind whatsoever.
3.13 "Limited Assessment" steal{ mean a charge against a particular Owner and such Owner's
Building Lot, directly attributable to the Owner, equal to the cost incurred by the Master Association or Local
Association for corrective action performed pursuant to the provisions of this Master Declaration or any
Supplemental Declaration, including interest thereon as provided in this Master Declaration or a Supplemental
Declaration.
3.14 "Local Association" shall mean any profit or not-for-profit Idaho corporation or
unincorporated association, or the successors of any of them, organized and established pursuant to the terms
of this Master Declaration or a Supplemental Declaration by Grantor.
3.15 "Local Association Board" shall mean the duly elected and qualified Board of Directors, or
other governing board or individual, if applicable, of a Local Association.
MASTER DECLARATION - 2
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3.16 "Local Common Area" shall. mean all real property in which a Local Association holds an
interest or which is held or maintained for the mutual use and benefit of such Local Association and its
Members. Local Common Area may be established from time to time by Grantor on any portion of the
Property by describing such an area on a recorded Plat, by granting or reserving it in a deed or other
instrument, or by designating it as such in this Master Declaration on in any Supplemental Declaration. Local
Common Area may include easement and/or license rights.
3.17 "Master Association" shall mean the Idaho profit or ncn-profit corporation, its successors
and assigns, established by Grantor to exercise the powers and to carry out the duties set forth in this Master
Declaration or any Supplemental Declaration. Grantor shall have the power, in its discretion, to name the
Master Association the "Sherebrook Hollow Homeowners' Association, Inc.", or any similar name which fairly
reflects°its purpose.
3.18 "Member" shall mean each person or entity holding a membership in the Master
Association. Where specific reference or the context so indicates, it shall also mean persons or entities holding
membership in a Local Association.
3.19 "Owner" shall mean the person or other legal entity, including Grantor, holding fee simple
interest of record to a Building Lot which is a part of the Property, and sellers under executory contracts of
sale, but excluding those having such interest merely as security for the performance of an obligation.
3.20 "Person" shall mean any individual, partnership, corporation or other legal entity.
3.21 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded at
the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded
amendments thereof.
3.22 "Property" shall mean those portions of the Property described on Exhibit A attached hereto
and incorporated herein by this reference, including each lot, parcel and portion thereof and interest therein,
including all water rights associated with or appurtenant to such property.
3.23 "Ridenbau~h Canal" shall mean that certain real property in which the Nampa and Meridian
Irrigation District holds an interest, which real property is identified on the Plat.
_.
3.24 "Regular Assessment" shall mean the portion of the cost of maintaining, improving,
repairing, managing and operating the Common Areas and all Improvements located thereon, and the other
costs of an Association which is to be levied against the Property of and paid by each Owner to the Master
Association, or applicable Local Association, pursuant to the terms hereof or the terms of this Master
Declaration or a Supplemental Declaration.
3.25 "Special Assessment" shall mean the portion of the costs of the capital improvements or
replacements, equipment purchases and replacements or shortages in Regular Assessments which are
authorized and to be paid by each Owner to the Master Association; or applicable Local Association pursuant
to the provisions of this Master Declaration or a Supplemental Declaration.
3.26 "Supplemental Declaration" shall mean any supplemental declaration including additional
covenants, conditions and restrictions that might be adopted with respell to any portion of the Property.
3.27 "Sherebrook Hollow Common Area" shall mean all real property in which the Master
Association holds an interest or which is held or maintained, permanently or temporarily, for the common use,
enjoyment and benefit of the entire Sherebrook Hollow Subdivision and each Owner therein, which real
property is legally described in Exhibit B attached hereto and made a part hereof. Sherebrook Hollow
MASTER DECLARATION - 3
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Common Area may be established from time to time by Grantor on any portion of the Property by describing
it on a plat, by granting or reserving it in a deed or other instrument, or by designating it pursuant to this
Master Declaration or any Supplemental Declaration. Sherebrook Hollow Common Area is to be distinguished
from Local Common Area, which may or may not allow entry and use by those Owners who are not Members
of a Local Association or who are not Owners within a particular Tract. Sherebrook Hollow Common Area
may include easement and/or license rights.
3.28 "Sherebrook Hollow Subdivision" shall mean the Property.
3.29 "Tract" shall mean a defined portion of the Property within which the contemplated
development involves a common use or compatible uses, and which may have been designed as a Tract by
recorded Supplemental Declaration. Each Tract shall contain one or more Building Lots, and may be managed
to the extent permitted herein by a Local Association. Each Tract is legally described on Exhibit F, attached
hereto and made a part hereof.
ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS
4.1 Structures - General Iv. All structures are to be designed, constructed and used in such a
manner as to promote compatibility between the types of use contemplated by this Master Declaration.
4.1.1 Use, Size and Height of Dwelling Structure. All Building Lots shall be used
exclusively for single-family residential purposes. No Building Lot shall be improved except with a
single-family dwelling unit or structure. No business or home occupation shall be conducted from
said dwelling unit or structure. Each one-story single-family dwelling unit or structure shall have a
minimum of ( )square feet of livable space. Livable space shall not include
garages, car ports, patios, breezeways, storage rooms, porches or similar structures. Dwelling units
or structures located on Lot , 81ock _, Lot ~, Block ,and Lots ,Block ,
shall be considered corner lots (referred to herein individually as "Corner Let" or collectively as
"Corner Lots") and shall be not exceed one (1) story or thirty (30) feet in height.
4.1.2 Architectural Committee Review. No Improvements which will. be visible above
ground or which will ultimately affect the visibility of any .above ground Improvement shall be built,
erected, paced-or materially altered on or removed from the Property unless and until the building
plans, specifications, and plot plan have been reviewed in advance by the Architectural Committee
(and, if required, by an applicable Local Architectural Committee pursuant to paragraph 12.10) and
the same have been approved in writing. The review and approval or disapproval may be based
upon the following factors: design and style elements, mass and form, topography, setbacks, finished
ground elevations, architectural symmetry, drainage, color, materials, physical or aesthetic impacts
on other properties, including Common Areas, artistic conformity to the terrain and the other
Improvements on the Property, and any and all other factors which the Architectural Committee, in
its reasonable discretion, deem relevant. Said requirements as to the approval of the architectural
design shall apply only to the exterior appearance of the Improvements. This Master Declaration is
not intended to serve as authority for the Architectural Committee to control the interior layout or
design of residential structures except to the extent incidentally necessitated by use, size and height
restrictions.
4.1.3 Setbacks and Height. No residential or other structure shall be placed nearer to
the Building Lot lines or built higher than permitted by the Plat for the Tract in which the Building
Lot is located, by any applicable zoning restriction, by any conditional use permit, or by a building
envelope designated either by Grantor or the applicable Architectural Committee whichever is more
restrictive.
MASTER DECLARATION - 4
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4.1.4 Accessory Structures. Detached garages shall be allowed if in conformity with
the provisions of this Master Declaration, and as approved by the applicable Architectural Committee.
Garages and storage sheds shall be constructed of, and roofed with, the same materials, and with
similar colors and design, as the residential structure on the applicable Building Lot. No playhouses,
playground equipment, pools, pool slides, diving boards, hot tubs, spas, or similar items shall extend
higher than five (5) feet above the finished graded surface of the Building Lot upon which such item(s)
are located. Basketball courts, tennis courts or backboards shall be allowed in the back yard of any
Building Lot, provided that such courts or backboards are not visible from any street, and do not
promote noise or other nuisance that is offensive or detrimental to other property in the vicinity of
the Building Lot or offensive or detrimental to the occupants of such other property.
4.1.5 Driveways. All access driveways shall have a wearing surface of asphalt,
concrete, or other hard surface materials, and shall be properly graded to assure proper drainage.
4.1.b Mailboxes. All mailboxes will be of consistent design, material and coloration
and shall be located on or adjoining Building Lot lines at places designated by Grantor or the
Architectural Committee.
4.1.7 Fencing. No fence, hedge or boundary wall situated anywhere upon a Building
Lot shall have a height greater than six (b) feet above the finished graded surface of the Building Lot
or Common Area upon which such fence, hedge, or boundary wall is situated. Any fence or
boundary wall constructed on or near the lot line common to one or more Building Lots shall be
constructed as a "good neighbor" fence or wall. No fence shall be constructed so as to extend toward
the front of the Building Lot past the front plane of the dwelling structure constructed thereon, or
closer than ten {10) feet to any side Building Lot line of a corner of a Building Lot adjacent to a
dedicated street. No fence, hedge, or boundary wall which obstructs site lines at an elevation
between four (4) and eight (8) feet above any street shall be placed or permitted to remain on any
Corner tot. All fencing and boundary walls constructed on any Building Lot shall be of compatible
style and material to that other fencing constructed adjacent to or abutting Common Areas; public and
private streets, and shall otherwise be as approved by the applicable Architectural Committee.
4.1.8 Li>?htine. Exterior lighting, including flood lighting, shall be part of the
architectural concept of the Improvements on a Building Lot. Fixtures, standards and all exposed
- - accessories shall be harmonious with building design,-and shall be as approved by the applicable
Architectural Committee. Lighting shall be restrained in design, and excessive brightness shalt be
avoided.
4.2 Antennae. No exterior radio antenna, television antenna, satellite dish antenna or other
antenna of any type shall be erected or maintained on the Property unless it is located or screened in a manner
acceptable to the applicable Architectural Committee.
4.3 Insurance Rates. Nothing shall be done or kept on any Building Lot which will increase
the rate of insurance on any other portion of the Property without the approval of the Owner of such other
portion, nor shall anything be done or kept on the Property or a Building Lot which would result in the
cancellation of insurance on any property owned or managed by any such Association or which would be in
violation of any law.
4.4 No Further Subdivision. No Building Lot may be further subdivided.
4.5 Si ns. No sign of any kind shall be displayed to the public view without the approval of
the applicable Architectural Committee, except: (1) such signs as may. be used by Grantor in connection with
the development of the Property and sale of Building Lots; (2) temporary signs naming the contractors, the
MASTER DECLARATION - S
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architect, and the lending institution for a particular construction operation; (3) such signs identifying
Sherebrook Hollow Subdivision, or informational signs, of customary and reasonable dimensions as prescribed
by the Architectural Committee may be displayed on or from the Common Area; and (4) one (1) sign of
customary and reasonable dimensions as-prescribed by the Architectural Committee as may be displayed by
an Owner other than Grantor on or from a Building Lot advertising the residence for sale or lease. A
customary "for sale" or "for lease" sign not more than three (3) feet by two (2) feet shall not require
Architectural Committee approval. Without limiting the foregoing, rio sign shall be placed in the Common
Area without the written approval of the applicable Architectural Committee.
4.6 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate.
anywhere upon the Property, including Common Area or vacant Building Lots, and no odor shah be permitted
to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive or
detrimental to the Property or to its occupants, or to any other property in the vicinity thereof or to its
occupants. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property
so as to be offensive or detrimental to the Property or to its occupants or to other property in the vicinity or
to its occupants.. Without limiting the generality of any of the foregoing provisions, no exterior speakers,
horns, whistles, bells or other. sound devices (other than security devices used exclusively for security purposes
which have been approved by the Master Association), flashing lights or search lights, shall be located, used
or placed on the Property without the prior written approval of the Master Association.
4.7 Exterior Maintenance; Owner's Obligations. No Improvement shall be permitted to fall into
disrepair, and each Improvement shall at all times be kept in good condition and repair. In the event that any
Owner shall permit any Improvement, including trees and landscaping, which is the responsibility of such
Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive
condition, or damages property or facilities on or adjoining their Building Lot which would otherwise be an
Associations' responsibility to maintain, the Board of the Local Association of which such Owner is a Member
(or the Board of the Master Association if the'Local Association fails to act), upon fir'teen (i 5) days prior written
notice to the Owner of such property, shall have the right to correct such condition, and to enter upon such
Owner's Building Lot for the purpose of doing so, and such Owner shall promptly reimburse the Local or
Master Association, as the case may be, for the cost thereof. Such cost shall be a Limited Assessment- and shall
create a lien enforceable in the same manner as other Assessments set forth in Article IX of this Master
Declaration. The Owner of the offending property shall be personally liable, and such Owner's property may
be subject to a mechanic's lien for alt costs and expenses incurred by the Association in taking such corrective
acts,.p!us all costs incurred in collecting the amounts d~~e. Each Owner shall pay aft amounts due for such
work within ten (10) days after receipt of written demand therefor, or the amounts may, at the option of the
Board, be added to the amounts payable by such Owner as Regular Assessments. Each Owner shall have the
remedial rights set forth herein if the applicable Associations fail to exercise their rights within a reasonable
time following written notice by such Owner.
4.8 Drainage. There shall be no interference with the established drainage pattern over any
portion of the Property, unless an adequate alternative provision is made for proper drainage and is first
approved in writing by the applicable Architectural Committee. For the purposes hereof, "established"
drainage is defined as the system of drainage, whether natural or otherwise, which exists at the time the overall
grading of any portion of the Property is completed by Grantor, or that drainage which is shown on any plans
approved by the Architectural Committee, which may include drainage from Common Area over any Building
Lot in the Property.
4.9 Gradin The Owner of any Building Lot within the Property in which grading or other
work has been performed pursuant to a grading plan approved under applicable provisions of Meridian City
Code or by the Master or Local Association, shall maintain and repair all graded surfaces and erosion
prevention devices, retaining walls, drainage structures, means or devices which are not the responsibility of
the Ada County Highway District, Nampa & Meridian Irrigation District, or other public agency, and plantings
MASTER DECLARATION - 6
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and ground cover installed or completed thereon. Such requirements shall be subject to Regular, Special, and
Limited Assessments provided in Article IX herein, as may be applicable.
4.10 Water Supply Systems. No separate or individual water supply system, regardless of the
proposed use of the water to be delivered by such system, shall be permitted on any Building Lot unless such
system is designed, located, constructed and equipped in accordance with the requirements, standards and
recommendations of the Board of the Master Association and all governmental authorities having jurisdiction.
4.11 No Hazardous Activities. No activities shall be conducted on the Property, and no
Improvements constructed on any property which are or might be unsafe or hazardous to any person or
property.
4.12 Unsiehtly Articles. No unsightly articles shall be permitted to remain on any Building Lot
so as to be visible from any other portion of the Property. Without limiting the generality of the foregoing,
refuse, garbage and trash shall be kept at all times in such containers and in areas approved by the applicable
Architectural Committee. No clothing or fabrics shall be hung, dried or aired in such a way as to be visible
- to other property, and no equipment, heat pumps, compressors, containers, {umber, firewood, grass, shrub or
tree clippings, plant waste, metals, bulk material, scrap, refuse or trash shall be kept, stored or allowed to
accumulate on any Building Lot except within an enclosed structure or as appropriately screened from view.
No vacant residential structures shall be used for the storage of building materials.
4.13 No Temporary Structures. No house trailer, mobile home, tent (other than for short term
individual use), shack or other temporary building, improvement or structure shall be placed upon any portion
of the Property, except temporarily as may be required by construction activity undertaken on the Property.
4.14 No_ Unscreened Boats. Campers and Other Vehicles. No boats, trailers, campers, all-terrain
vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or unrepaired and unsightly vehicles or
similar equipment shall be placed upon any portion of the Property (including, without limitation, streets,
parking areas and driveways) unless the same are enclosed by a structure concealing them from view in a
manner approved by the applicable Architectural Committee. To the extent possible, garage doors shall remain
closed at all times.
4.15 Sewage Disposal Systems. No individual sewage disposal system shall be used on the
Proper:~+. Each ~ vner shall conned the apps pr:~t° fa,.;l;«;o~ or, such Owner`s Bulld:,^,g Lot to the Bose G ;~
~uw ~,n.awa
Sewer System and pay all charges assessed therefor.
4.16 No Minin;? or Drillin>;. No portion of the Property shall be used for the purpose of mining,
quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons, minerals, rocks,
stones, sand, gravel or earth. This paragraph 4.16 shall not prohibit exploratory drilling or coring which is
necessary to construct a residential structure or Improvements.
4.17 EnerQV Devices, Outside. No energy production devices, including but not limited to
generators of any kind and solar energy devices, shall be constructed or maintained on any portion of the
Property without the written approval of the applicable Architectural Committee, except for heat pumps shown
in the plans approved by the Architectural Committee. This paragraph 4.17 shall not apply to passive solar
energy systems incorporated into the approved design of a residential structure.
4.18 Vehicles. The use of all vehicles, including but not limited to trucks, automobiles, bicycles,
motorcycles and snowmobiles, shall be subject to all Association Rules, which may prohibit or limit the use
thereof within Sherebrook Hollow Subdivision. No on-street parking shall be permitted except where expressly
designated for parking use. No parking bays shall be permitted in any side, front or backyard. Vehicles
parked on a driveway shall not extend into any sidewalk or bike path or pedestrian path..
MASTER ~ECIARATION - 7
westpark~S herebrook~dec
4.19 Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be kept on the
Property unless the presence of such creatures does not constitute a nuisance. This paragraph 4.19 does not
apply to the keeping of up to two (2) domesticated dogs, up to two (2) domesticated cats, and other household
pets which do not unreasonably bother or constitute a nuisance to others. Without limiting the generality of
the foregoing, consistent and/or chronic barking by dogs shall be considered a nuisance. Each dog in
Sherebrook Hollow Subdivision shall be kept on a leash, curbed, and otherwise controlled at all times when
such animal is off the premises of its owner. Such owner shall clean up any animal defecation immediately
from the Common Area or public right-of-way. Failure to do so may result, at the Board's discretion, with a
Limited Assessment levied against such animal owner. The construction of dog runs or other pet enclosures
shall be subject to applicable Architectural Committee approval, shall be appropriately screened, and shall be
maintained in a sanitary condition. Dog runs or other pet enclosures shall be placed a minimum of ten (10)
feet from the side and/or rear Building Lot line, shall not be placed in any front yard of a Building Lot, and
shall be screened from view so as not to be visible from Common Area or an adjacent Building Lot.
4.20 Landscaping. The Owner of any Building Lot shall sod the front and the side yards and
shall seed the back yard and landscape such Building Lot in conformance with the landscape plan approved
by the Master or Local Association, and as approved by the applicable Architectural Committee, within sixty
(60) days after said Owner shall occupy the dwelling structure on said Building Lot, weather permitting. Prior
to construction of Improvements, the Owner (or any Association to which such responsibility has been.
assigned) shall provide adequate irrigation and maintenance of existing trees and landscaping, shall control
weeds, and maintain the Owner's (or Association's) property in a clean and safe condition free of debris or
any hazardous condition. All trees located on common Building Lot lines shall be the joint responsibility of
the adjoining Building Lot owners. All landscaped Common Areas shall be irrigated by an underground
sprinkler system.
The Board and/or applicable Architectural Committee may adopt rules regulating landscaping
permitted and required. In the event that any Owner shall fail to install and maintain landscaping in
conformance with such rules or shall allow such Owner's landscaping to deteriorate to a dangerous, unsafe,
unsightly or unattractive condition, the Board, or the Board of the Local Association of which such Owner is
a Member, upon fifteen (15) days' prior written notice to such Owner, shall have the right to correct such
condition and to enter upon such Owner's property for the purpose of doing so, and such Owner shat{
promptly reimburse the Master Association or Local Association for the cost thereof. Such cost shall be a
Limited Assessment and shall create a lien enforceable in the same manner as other Assessments as set forth
--- in A;tic!e !X.
Following commencement of any construction of any Improvement, construction shall be diligently'
pursued and completed as soon as reasonably practical. All landscaping on a Building Lot, unless otherwise
specified by the applicable.Architedural Committee, shall be completed as soon as reasonably practical
following completion of the residential structure on such Building Lot.
4.21 Exemption of Grantor. Nothing contained herein shall limit the right of Grantor to
subdivide or resubdivide any portion of the Property, to grant licenses, to reserve rights-of--way and easements
with respect to Common Area to utility companies, public agencies or others, or to complete excavation,
grading and construction of Improvements to and on any portion of the Property owned by Grantor, or to alter
the foregoing and its construction plans and designs, or to construct such additional Improvements as Grantor
deems advisable in the course of development of the Property so long as any Building Lot in the Property
remains unsold. Such right shall include, but shall not be limited to, erecting, constructing and maintaining
on the Property such structures and displays as may be reasonably necessary for the conduct of Grantor's
business of completing the work and disposing of the same by sales lease or otherwise. Grantor shall have
the right at any time prior to acquisition of title to a Building Lot by a purchaser from Grantor to grant,
establish and/or reserve on that Building Lot additional licenses, reservations and rights-of-way to Grantor, to
utility companies, or to others,as may from time to time be reasonably necessary to the proper development
MASTER DECLARATION - 8
westpark~S herebrook~dec
and disposal of the Property. Grantor may use any structures owned by Grantor on the Property as model
home complexes or real estate sales or leasing offices. Grantor need not seek or obtain Architectural
Committee approval of any Improvement constructed or placed by Grantor on any portion of the Property
owned by Grantor. The rights of Grantor hereunder may be assigned by Grantor to any successor in interest
in connection with Grantor's interest in any portion of the Property, by an express written assignment recorded
in the Office of the Ada County Recorder.
4.22 Water Rights Appurtenant to Subdivision Lands. Within 120 days of the date of the
recording of this Master Declaration, Grantor shall transfer from the Property subject to this Master Declaration,
and within the boundaries of an irrigation entity, as defined in said Section 31-3805, Idaho Code, all water
rights and assessment obligations appurtenant to the Property to the Master Association.
4.23 Commencement of Construction. Any Owner of a Building Lot shall, within a period of
one (1) year following the date of purchase of a Building Lot from Grantor, commence the construction of a
dwelling structure in compliance with the restrictions herein, and such construction shall be completed within
six (6) months thereafter. The term "commence the construction" as used in this paragraph 4.23, shall require
- actual physical construction activities upon such dwelling structure upon such Building Lot. In the event such
Owner shall fail or refuse to commence the construction of a dwelling structure within said one (1) year
period, Grantor may, at Grantor's option, following the expiration of said one (1) year period, repurchase said
Building Lot from such Owner or the then Owner of such Building Lot at a repurchase price equivalent to the
money actually paid to Grantor, less any amount equivalent to ten (10) percent thereof. In the event Grantor
shall exercise Grantor's option to repurchase such Building Lot, upon tender of said repurchase price, Owner
or the then Owner of such Building Lot shall make, execute and deliver to Grantor a deed reconveying said
Building Lot, free and clear of all liens, which deed shall be binding upon all persons who may, at any time
hereafter, own or claim any right, title, or interest in such Building Lot, and the successors in title thereto,
whether acquired by voluntary act or through operation of law.
ARTICLE V: SHEREBROOK HOLLOW HOMEOWNERS' (MASTER) ASSOCIATION
5.1 Organization of Sherebrook Hollow Homeowners' Association. Sherebrook Hollow
Homeowners' Association, Inc. ("Master Association") shall be initially organized by Grantor as an Idaho non-
profit corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall
be charged with the duties-and-invested with the powers prescribed by la.v aid set forth i.. the P.rticles, Byla:vs
and this Master Declaration. Neither the Articles nor the Bylaws sha11 be amended or otherwise changed or
interpreted so as to be inconsistent with this Master Declaration.
5.2 Membership. Each Owner, by virtue of being an Owner and for so long as such ownership
is maintained, shall be a Member of the Master Association and no Owner shall have more than one
membership in the Master Association. Memberships in the Master Association shall be appurtenant to the
Tract, Building Lot or other portion of the Property owned by such Owner. The memberships in the Master
Association shall not be transferred, pledged, assigned or alienated in any way except upon the transfer of
Owner's title and then only to the transferee of such title. Any attempt to make a prohibited membership
transfer shall be void and will not be reflected on the books of the Master Association.
5.3 Voting. Voting in the Master Association shall be carried out by Members who shall cast
the votes attributable to the Building Lots which they own, or attributable to the Building Lots owned by
Grantor. The number of votes any Member may cast on any issue is determined by the number of Building
Lots which the Member, including Grantor, owns. When more than one person holds an interest in any
Building Lot, all such persons shall be Members but shall share the votes attributable to the Building Lot. For
voting purposes, the Master Association shall have two (2} classes of Members as described below.
MASTER DECLARATION - 9
westpark~5herebrook~dec
5.3.1 Class A Members. Owners other than Grantor shall be known as Class A
Members. Each Class A Member shall be entitled to cast one (1) vote for each Building Lot owned
by such Class A Member on the day of the vote.
5.3.2 Class B Members. The Grantor shall be known as the Class B Member, and shall
be entitled to five (5) votes for each Building Lot of which Grantor is the Owner. The Class 6
Member shall cease to be a voting Member in the Master Association when the total cumulative votes
of the Class A Members equal or exceed the total votes of the Class B Members provided that the
Class B membership shall not cease before the expiration of ten (10) years from the date on which
the first Building Lot is sold to an Owner.
Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among
themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being
put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for ali purposes that
such Owner was acting with authority and consent of all joint Owners of the Building Lot(s) from which the
vote derived. The right to vote may not be severed or separated from the ownership of the Building Lot to
which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's right
to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term
of the lease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of such Building tot to a
new Owner shall operate automatically to transfer the appurtenant voting right to the Owner, subject to any
assignment of the right to vote to a lessee, mortgagee, or beneficiary as provided herein.
5.4 Board of Directors and Officers. The affairs of the Master Association shall be conducted
and managed by a Board of Directors ("Board"~ and such officers as the Board may elect or appoint, in
accordance with the Articles and Bylaws, as the same may be amended from time to time. The Board of the
Master Association shall be elected in accordance with the provisions set forth in the Master Association
Bylaws. .
5.5 Power and Duties of the Master Association.
5.5.1 Powers. The Master Association shall have all the powers of a corporation
organized under the general corporation laws of the State of Idaho subject only to such limitations
upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, and this Master
__ ,Declaration. The l~".aster Associatio,~ sha!I have the po~a~er to do any and a!! lawful things which may_ _
be authorized, required or permitted to be done by the Master Association under Idaho law and
under this Master Declaration, and the Articles and Bylaws, and to do and perform any and all acts
which may be necessary to, proper for, or incidental to the proper management and operation of the
Common Area and the Master Declaration's other assets, including water rights when and if received
from Grantor, and affairs and the performance of the other responsibilities herein assigned, including
without limitation:
5.5.1.1 Assessments. The power to levy Assessments on any Owner or
any portion of the Property and to force payment of such Assessments, all in accordance
with the provisions of this Master Declaration.
5.5.1.2 Rieht of Enforcement. The power and authority from time to time
in its own name, on its own behalf, or on behalf of any Owner who consents thereto, to
commence and maintain actions and suits to restrain and enjoin any breach or threatened
breach of this Master Declaration or the Articles or the Bylaws, including the Association
Rules adopted pursuant to this Master Declaration, and to enforce by injunction or
otherwise, all provisions hereof.
MASTER DECLARATION - 10
westpark~S herebrookWec
5.5.1.3 Delegation of Powers. The authority to delegate its power and
duties to committees, officers, employees, or to any person, firm or corporation to act as
manager, and to contract for the maintenance, repair, replacement and operation of the
Common Area. Neither the Master Association nor the members of its Board shall be liable
for any omission or improper exercise by the manager of any such duty or power so
delegated.
5.5.1.4 Association Ruies. The power to adopt, amend and repeal by
majority vote of the Board such rules and regulations as the Master Association deems
reasonable. The Master Association may govern the use of the Common Areas, including
but not limited to the use of private streets by the Owners, their families, invitees, licensees,
lessees or contract purchasers; provided, however, that any Association Rules shall apply
equally to all Owners and shall not be inconsistent with this Master Declaration, the
Articles or Bylaw. A copy of the Association Rules as they may from time to time be
adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner.
Upon such mailing or delivery, the Association Rules shall have the same force and effect
as if they were set forth in and were a part of this Master Declaration. In the event of any
conflict between such Association Rules and any other provisions of this Master
Declaration, or the Articles or Bylaws, the provisions of the Association Rules shall be
deemed to be superseded by the provisions of this Master Declaration, the Articles or the
Bylaws to the extent of any such inconsistency.
5.5.1.5 Emer>?encv Powers. The power, exercised by the Master
Association or by any person authorized by it, to enter upon any property (but not inside
any building constructed thereon) in the event of any emergency involving illness or
potential danger to fife or property or when necessary in connection with any maintenance
or construction for which the Master Association is responsible. Such entry shall be made
with as little inconvenience to the Owner as practicable, and any damage caused thereby
shall be repaired by the Master Association.
5.5.1.6 Licenses, Easements and Rights-of-Way. The power to grant and
convey to any third party such licenses, easements and rights-of-way in, on o~ under the
Common Area as may be necessary or appropriate for the orderly maintenance,
presec~ation and enjcyiTi2~~t Of the C:.m,m~on Area, and for the preServatlCn^,f the health,
safety, convenience and the welfare of the Owners, for the purpose of constructing,
erecting, operating or maintaining:
5.5.1.6.1 Underground lines, cables, wires, conduits or other
devices for the transmission of electricity or electronic signals-for lighting,
heating, power, telephone, television or other purposes, and the above ground
lighting stanchions, meters, and other facilities associated with the provisions of
lighting and services; and
5.5.1.6.2 Public sewers, storm drains, water draijns and pipes,
water supply systems, sprinkling systems, heating and gas lines or pipes, and any
similar public or quasi-public improvements or facilities.
5.5.1.6.3 Mailboxes and sidewalk abutments around such
mailboxes or any service facility, berm, fencing and landscaping abutting
common areas, public and private streets or land conveyed for any public or
quasi-public purpose including, but not limited to, bicycle pathways.
MASTER DECLARATION - 11
westpark\S herebrook~dec
The right to grant such licenses, easements and rights-of-way are hereby expressly reserved
to the Master Association and may be granted at any time prior to twenty-one (21) years
after the death of the issue of the individuals executing this Master Declaration on behalf
of Grantor who are in being as of the date hereof.
5.5.2 Duties. In addition to duties necessary and proper to carry out the power
delegated to the Master Association by this Master Declaration, and the Articles and Bylaws, without
limiting the generality thereof, the Master Association or its agent, 'sf any, shall have the authority and
the obligation to conduct all business affairs of the Master Association and to perform, without
limitation, each of the following duties:
5.5.2.1 Operation and Maintenance of Sherebrook Hollow Common Area.
Operate, maintain, and otherwise manage or provide for the operation, maintenance and
management of Sherebrook Hollow Common Area (other than Local Common Area),
including the repair and replacement of property damaged or destroyed by casualty loss.
Specifically, the Master Association shall, at Grantor's sole discretion, operate. and
maintain all properties owned by Grantor which are designated by Grantor for temporary
or permanent use by Members of the Master Association. Such properties may include
those lands located near the Boise River and other lands intended for open space uses.
5.5.2.2 Reserve Account. Establish and fund a reserve account with a
reputable banking institution or savings and loan association or title insurance company
authorized to do business in the State of Idaho, which reserve account shall be dedicated
to the costs of repair, replacement, maintenance and improvement of the Common Area,
and enforcement of the terms of the Conservation Agreement as defined below.
5.5.2.3 Maintenance of Berms, Retainin>? Walls and Fences. Maintain the
berms, retaining walls, fences and water amenities within and abutting Common Area and
abutting the Ridenbaugh Cana{. Maintain the water amenities constructed by Grantor or
Master Association located in that certain easement in, over and through Building Lots as
shown on the Plat.
5.5.2.4 .Taxes and Assessments. Pay all real and personal property taxes
and Assessments separately levied against Sherebrook Hollow Common Area or against
Sherebrook Hollow Subdivision, the Master Association and/or any other property owned
by the Master Association. Such taxes and Assessments may be contested or compromised
by the Master Association, provided, however, that such taxes and Assessments are paid
or a bond insuring payment is posted prior to the sale or disposition- of any property to
satisfy the payment of such taxes and Assessments. In addition, the Master Association
shall pay all other federal, state or local taxes, including income or corporate taxes levied
against the Master Association, in the event that the Master Association is denied the status
of a tax exempt corporation.
5.5.2.5 Water and Other Utilities. Acquire, provide and/or pay for water,
sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and
other necessary services for Sherebrook Hollow Common Area, and to manage for the
benefit of Sherebrook Hollow Subdivision all water rights and rights to receive water held
by the Master Association, whether such rights are evidenced by license, permit, claim,
stock ownership or otherwise.
MASTER DECLARATION - 12
westpark\Sherebrookklec
5.5.2.6 Insurance. Obtain insurance from reputable insurance companies
authorized to do business in the State of Idaho, and maintain in effect any insurance policy
the Board deems necessary or advisable, including, without limitation the following policies
of insurance:
5.5.2.6.1 Fire insurance including those risks embraced by
coverage of the type known as the broad form "All Risk" or special extended
coverage endorsement on a blanket agreed amount basis for the full insurable
replacement value of all Improvements, equipment and fixtures located within
Sherebrook Hollow Common Area.
5.5.2.6.2 Comprehensive public liability insurance insuring
the Board, the Master Association, the Grantor and the individual grantees and
agents and employees of each of the foregoing against any liability incident to
the ownership and/or use of Sherebrook Hollow Common Area. Limits of
liability of such coverage shall be as follows: Not less than One Million Dollars
($1,000,000) per person and One Million Dollars ($1,000,000) per occurrence
with respect to personal injury or death, and One Million Dollars ($1,000,000)
per occurrence with respect to property damage.
5.5.2.6.3 Full coverage directors' and officers' liability
insurance with a limit of at least Two Hundred Fifty Thousand Dollars
($250,000).
5.5.2.6.4 Such other insurance, including motor vehicle
insurance and Workmen's Compensation insurance, to the extent necessary to
comply with all applicable laws and indemnity, faithful performance, fidelity and
other bonds as the Board shall deem necessary or required to carry out the
Master Association functions or to insure the Master Association against any loss
from malfeasance or dishonesty of any employee or other person charged with
the management or possession of any Master Association funds or other property.
5.5.2.6.5 The Master Association shal I be deemed trustee of
-the interests of a!I Owners in connection with-any insurance proceeds paid to
the Master Association under such policies, and shall have full power to receive
such Owner's interests in such proceeds and to deal therewith.
5.5.2.6.6 Insurance premiums for the above insurance
coverage shall be deemed a common expense to be included in the Regular
Assessments levied by the Master Association.
5.5.2.7 Rule Making. Make, establish, promulgate, amend and repeal such
Association Rules as the Board shat{ deem advisable.
5.5.2.8 Newsletter. If it so elects, prepare and distribute a newsletter on
matters of general interest to Master Association Members, the cost of which shall be
included in Regular Assessments.
5.5.2.9 Architectural Committee. Appoint and remove members of the
Architectural Committee, subject to the provisions of this Master Declaration.
MASTER DECLARATION - 13
westpark~S he rebrookklec
5.5.2.10 Enforcement of Restrictions and Rules. Perform such other acts,
whether or not expressly authorized by this Master Declaration, as may be reasonably
advisable or necessary to enforce any of the provisions of the Master Declaration, or of the
Articles or Bylaws, including, without limitation, the recordation of any claim of lien with
the Ada County Recorder, as more fully provided herein.
5.6 Personal Liability. No Member of the Board, or member of any committee of the Master
Association, or any officer of the Master Association, or the Grantor, or the manager, if any, shall be personally
liable to any C-wner, or to any other party, including the Master Association, for any damage, loss or prejudice
suffered or claimed on the account of any act, omission, error or negligence of the Master Association, the
Board, the manager, if any, or any other representative or employee of the Master Association, the Grantor,
or the Architectural Committee, or any other committee, or any officer of the Master Association, or the
Grantor, provided that such person, upon the basis of such information as may be possessed by such person,
has acted in good faith without willful or intentional misconduct.
5.7 Budgets and Financial Statements. Financial statements for the Master Association shall be
prepared regularly and copies shall be distributed to each Member of the Master Association as follows:
5.7.1 A pro forma operating statement or budget, for each fiscal year shall be
distributed not less than sixty (60) days before the beginning of each fiscal year. The operating
statement shall include a schedule of Assessments received and receivable, identified by the Building
Lot number and the name of the person or entity assigned.
5.7.2 Within thirty (301 days after the close of each fiscal year, the Master Association
shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the
Master Association's fiscal year and annual operating statements reflecting the income and
expenditures of the Master Association for its last fiscal year. Copies of the balance sheet and
operating statement shall be distributed to each Member within ninety (90) days after the end of each
fiscal year.
5.8 Meetines of Master Association. Each year the Master Association shall hold at least one
meeting of the Members, according to the schedule for such meetings established by the Bylaws; provided,
that such meeting shall occur no earlier than April 15 and no later than May 31 each year. Only Members
- shall be entitled to attend P.4aster Association meetings, and a!I other persons may be excluded.. Notice for
all Master Association meetings, regular or special; shall be given by regular mail to all Members, and any
person in possession of a Building Lot, not less than ten (10) days nor more than thirty'(30) days before the
meeting and shall set forth the place, date and hour of the meeting and the nature of the business to be
conducted. All meetings shall be held within the Property or as close thereto as practical at a reasonable place
selected by the Board. The presence at any meeting in person of the Class B Member where there is such a
Member, and of the Class A Members representing Owners holding at least thirty percent (30%) of the total
votes of all Class A Members, shall constitute a quorum. If any meeting cannot be held because a quorum
is not present, the Members present may adjourn the meeting to a time not less than ten (10} days nor more
than thirty (30) days from the time the original meeting was scheduled. A second meeting may be called as
the result of such an adjournment, provided notice is given as provided above. At any such meeting properly
called, the presence of any Member shall constitute a quorum.
ARTICLE VI: LOCAL ASSOCIATIONS
6.1 Creation by Grantor. Grantor shall create Local Associations as profit or non-profit
corporations under the provisions of the Idaho Code relating to corporations, or Grantor may create such Local
Association as any unincorporated entity which Grantor deems appropriate. Grantor may, in it discretion,
MASTER DECLARATION - 14
westpark\S herebrook~dec
create a Local Association by means of a Supplemental Declaration, or create such Association by means of
separate instruments.
6.2 Mana>;ement, Powers and Duties. Each Local Association shall be managed in the same
manner specified in the applicable Supplemental Declaration or other instrument and/or in the Articles and
Bylaws of the Local Association, shall have the same powers, rights, obligations and duties and be subject to
the same limitations and restrictions including levying Assessments, adopting rules and regulations, granting
easements and licenses, managing property and water rights, paying expenses, taxes, Assessments, utility
charges, insurance premiums and preparing budgets and financial statements as are provided for herein for the
Master Association, except as modified herein or by a Supplemental Declaration. The Board Members,
officers, managers and Grantor shall be free of personal liability as to the Local Association in the same manner
as described herein with respect to the Master Association.
6.3 Members of Local Associations. Where a Local Association is created, the Members thereof
shall be all the Owners of Building Lots, including Grantor while it remains an Owner, in the respective Tracts
designated in the applicable Supplemental Declaration. Memberships may be transferred only as specified in
paragraph 5.2 for the Master Association.
6.4 Voting in Local Associations. Each Local Association shall have two (2) classes of voting
memberships as described below. The number of votes each Member may cast on a single vote will be
determined according to the number of Building Lots existing on that portion of the Property the Member
owns, in the same manner and amounts as votes are allocated to Members in paragraph 5.3. When more than
one person holds an interest in any Building Lot, all such persons shall be Members but shall share the vote
attributable to the Building Lot.
6.4.1 Class A Members. Class A Members shall be all Owners, except Grantor, owning
portions of the Trail covered by the Local Association. The Grantor shall become a Class A Member
when the Class B membership ceases, as described in paragraph 6.4.2, with Grantor remaining an
Owner. Each Class A Member shall have one (1) vote for each Building Lot such Owner owns in that
Tract.
,6.4.2 Class B Member. The Class B Member shall be the Grantor. The Class B
Member is entitled to five (5) votes for each Building Lot which Grantor owns in that Trail. The Class
• B membership in such Local Association shall cease when the total cumulative votes of the Class A
Members for that Tract equal or exceed the total votes of the Class B Member, provided that the Class
B membership shall not cease before the expiration of ten (10) years from the date on which the first
Building Lot in the Tract covered by the Local Association is sold to an Owner.
Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among
themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being
put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that
such Owner was ailing with authority and consent of all other joint Owners of the Building Lot(s) from which
the vote derived. The right to vote may not be severed or separated from the ownership of the Building Lot
to which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's
right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the
term of the -ease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of such Building Lot
to a new Owner shall operate automatically to transfer the appurtenant voting right to the new Owner, subject
to any assignment of the right to vote to a lessee, mortgagee or beneficiary as provided herein.
6.5 Annual Meetin>;s of Local Association. There shall be an annual meeting of the Members
of each Local Association at least ten (10) days but no more than sixty (60) days before every annual meeting
of the Master Association. The first annual meeting of the Members in such Local Association shall be held
MASTER DECLARATION - 15
westpark\S herebrook~dec
on or before April 5th of the year following the first sale of a Building Lot in the Tract covered by such Local
Association. Such meeting shall be held on the Tract which the Local Association covers, or at such other
convenient location in or near the Property as may be designated in the notice of such meeting. Written
notice of the time, place and purpose of each annual meeting shall be sent to each Member of the Local
Association, and any person in possession of a Building Lot in the appropriate Tract, no fewer than ten (10)
days and no more than thirty (30) days before the meeting as provided in the Local Association's Bylaws or
Articles.
6.6 Special Meetings. A special meeting of the Local Association Members may be called at
any reasonable time and place by written notice delivered to all other Members not less than ten (10) days
nor more than thirty (30) days before the date fixed for such special meeting, specifying the date, time and
place thereof and the nature of the business to be conducted. Such notice shall be delivered in the manner
specified in the Local Association's Articles or Bylaws.
6.7 Quorum and Officers of Meetinis. The presence at any regular or special meeting, in
person or by written proxy, of the Members entitled to vote at least twenty-five percent (25%) of the total votes
- within such Local Association shall constitute a quorum. If any meeting cannot-be held because a quorum
is not present, the Owners or Members present, either in person or by proxy, may adjourn the meeting to a
time not less than ten (10) days nor more than thirty (30) days from the time the original meeting was
scheduled. At such second meeting a quorum shall constitute the number of members specified in the Local
Association's Articles or Bylaws. The Members present at each meeting shall select a chairman to preside over
the meeting and a secretary to transcribe minutes of the meeting.
6.8 Powers and Duties, Each such Local Association shall be managed by a Board of Directors
and officers in the same manner as specified in paragraph 5.4 for the Master Association, shall have the same
powers and duties with respect to its Members or the property owned, managed or maintained by it, including
levying Assessments, adopting rules and regulations, granting easements, licenses and rights-of-way, payment
of expenses, taxes, Assessments, utility charges, insurance premiums and the preparation and distribution of
budgets and financial statements as are provided in paragraph 5.5 for the Master Association. Each such Local
Association may certify to the Master Association the amount of such Assessments and charges for collection.
The Board, Member, committee, officers, managers and Declarant shall be free of personal liability as to the
Local Association in the same manner as described in paragraph 5.6 for the Master Association.
ARTICLE ~~Il: RIGFITS TO COMMON AREP.S
7.1 Use of Sherebrook Hollow Common Area. Every Owner shall have a right to use each
parcel of Sherebrook Hollow Common Area, and to the extent permitted by the appropriate Supplemental
Declaration or other instrument, shall have a right to use each parcel of Local Common Area owned and/or
managed by a Local Association of which such Owner is a Member, which right shall be appurtenant to and
shall pass with the title to every Building Lot, subject to the following provisions:
7.1.1 The right of an Association holding or controlling such Common Area to levy and
increase Assessments;
7.1.2 The right of such Association to suspend the voting rights and rights to use of,
or interest in, Common Area by an Owner for any period during which any Assessment or charge
against such Owner's Building Lot remains unpaid; and for a period not to exceed sixty (60) days for
any infraction of the Association Rules; and
7.1.3 The right of an Association to dedicate or transfer all or any part of the Common
Area to any public agency, authority or utility for such purposes and subject to such conditions as
may be permitted by the Articles and Bylaws and agreed to by the Members. No dedication or
MASTER DECLARATION - 16
westpark\S he rebrook~dec
transfer of said Common Area shall be effective unless an instrument agreeing to such dedication or
transfer signed by Members representing two-thirds (2/3) of each class of Members has been recorded.
7.1.4 The right of such Association to prohibit the construction of structures or
Improvements, Improvements on all Common Areas.
7.1.5 The right of such Association to prohibit structures, Improvements, including
manicured lawns -and nursery plants.
7.2 Designation of Common Area. Grantor shall designate and reserve Sherebrook Hollow
Common Area, and Local Common Area in the Master Declaration, Supplemental Declarations and/or recorded
Plats, deeds or other instruments and/or as otherwise provided herein.
7.3 Delegation of Right to Use. Any Owner may delegate, in accordance with the respective
Bylaws and Association Rules of the Master Association or any Local Association, as the case may be, such
Owner's right of enjoyment to the Local Common Area, or Sherebrook Hollow Common Area, to the members
of such Owner's family in residence, and such Owner's tenants or contract purchasers who reside on such
Owner's Building Lot. Only Grantor or an Association shall have the right to delegate the right of enjoyment
to the Local Common Area, or Sherebrook Hollow Common Area, to the general public, and such delegation
to the general public shall be for a fee set by Grantor or Association.
7.4 Damages. Each Owner shall be fully liable for any damage to any Common Area which
may be sustained by reason of the negligence or willful misconduct of the Owner, such Owner's resident
tenant or contract purchaser, or such Owner's family and guests, both minor and adult. In the case of joint
ownership of a Building Lot, the liability of such Owners shall be joint and several. The cost of correcting
such damage shall be a Limited Assessment against the Building lot and may be collected as provided herein
for the collection of other Assessments.
ARTICLE VIII: PRESSURIZED IRRIGATION
8.1 Irrigation District Service. The Nampa & Meridian Irrigation District provides pressurized
irrigation water service to all Lots in the Project. Lot Owners shall be required to pay an assessment based
on Lot area to the District whether or not water is actually used. Lot Owners are prohibited from making any
~crossconnection or tie-in between the irrigation water system and their do~m~estic water systems. 1.NATER
FROM THE IRRIGATION WATER SYSTEM IS NOT DRINKABLE; EACH LOT OWNER SHALL BE RESPONSIBLE
TO ENSURE THAT IRRIGATION WATER WITHIN THE BOUNDARIES OF SUCH OWNER'S LOT IS NOT
CONSUMED BY ANY PERSON OR USED FOR CULINARY PURPOSES.
8.2 No Private Svstem. Lot Owners shall not construct any ditch, drain, well or water system
upon any Lot or Common Area for domestic use or irrigation purposes.
8.3 Water Master. The Association shall elect or may contract for hire a Water Master to
designate any rotation schedule required for the delivery of irrigation water. The Water Master shall serve as
the liaison to Nampa & Meridian Irrigation District for all matters of Sherebrook Hollow Subdivision.
ARTICLE IX: ASSESSMENTS
9.1 Covenant to Pay Assessments. By acceptance of a deed to any property in Sherebrook
Hollow Subdivision, each Owner of such property hereby covenants and agrees to pay when due all
Assessments or charges made by the Master Association and/or a Local Association, including all Regular,
Special and Limited Assessments and charges made against such Owner pursuant to the provisions of this
Master Declaration or other applicable instrument.
MASTER DECiARATION - 17
westpark~S he rebrook~dec
9.1.1 Assessment Constitutes Lien. Such Assessments and charges together with
interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be
a charge on the land and shall be a continuing lien upon the property against which each such
Assessment or charge is made.
9.1.2 Assessment is Personal Obligation. Each such Assessment, together with interest,
costs and reasonably attorneys' fees, shall also be the personal obligation of the Owner of such
property beginning with the time when the Assessment falls due. The personal obligation for
delinquent Assessments shall not pass to such Owner's successors in title unless expressly assumed
by them but shall remain such Owner's personal obligation regardless of whether he remains an
Owner.
9.2 Regular Assessments. All Owners, including the Grantor, are obligated to pay Regular
Assessments to the treasurer of the Association on a schedule of payments established by the Board.
9.2.1 Pumose of Regular Assessments. The proceeds from Regular Assessments are to
be used to pay for all costs and expenses incurred by an Association, including legal and attorneys
fees and other professional fees, for the conduct of its affairs, including without limitation the costs
and expenses of construction, improvement, protection, maintenance, repair, management and
operation of the Common Areas, including all Improvements located on such areas owned and/or
managed and maintained by such Association, and an amount allocated to an adequate reserve fund
to be used for repairs, replacement, maintenance and improvement of those elements of the Common
Area, or other property of the Association that must be replaced and maintained on a regular basis
(collectively "Expenses").
9.2.2 Computation of Regular Assessments. The Association shall compute the amount
of its Expenses on an annual basis. The Board shall compute the amount of Regular Assessments
owed beginning the first day of the third month following the month in which the closing of the first
sale of a Building Lot occurred in Sherebrook Hollow Subdivision for the purposes of the Master
Association's Regular Assessment, and in the applicable Trad for the purposes of a Local Association's
Regular Assessment ("Initiation Date"). Thereafter, the computation of Regular Assessments shall take
place not less than thirty (30) nor more than sixty (60) days before the beginning of each fiscal year
of an Association. The computation of the Regular Assessment for the period from the Initiation Date
-- - - - -until-the beginning of the next fiscal year shall be reduced by an amount which fairly reflects the fact
that such period was less than one year.
9.2.3 Amounts Paid by Owners. The Board can require, in its discretion or as provided
in the Articles or Bylaws, payment of Regular Assessments in monthly, quarterly, semi-annual or
annual installments. The Regular Assessment to be paid by any particular Owner, including Grantor,
for any given fiscal year shall be computed as follows:
9.2.3.1 As to the Master Association's Regular Assessment, each Owner
shall be assessed and shall pay an amount computed by multiplying the Association's total
advance estimate of Expenses by the fraction produced by dividing the Building Lots
attributable to the Owner by the total number of Building Lots in the Property.
9.2.3.2 As to any Local Association, each Owner who is also a Member
of such Association, including Grantor while it is such an Owner, shall be assessed and
shall pay an amount computed by multiplying such Association's total advance estimate of
Expenses by the fraction produced by dividing the number of Building Lots in the
applicable Tract attributable to such Owner by the total number of Building Lots in such
Tract.
MASTER DECLARATION - 18
westpark\Sherebrook~dec
9.3 Special Assessments.
9.3.1 Purpose and Procedure. In the event that the Board of an Association shall
determine that its respective Regular Assessment for a given calendar year is or will be inadequate
to meet the Expenses of such Association for any reason, including but not limited to costs of
construction, reconstruction, unexpected repairs or replacement of capital improvements upon the
Common Area, attorney's fees and/or litigation costs, other professional fees, or for any other reason,
the Board thereof shall determine the-approximate amount necessary to defray such Expenses and levy
a Special Assessment against the portions of the Property within its jurisdiction which shall be
computed in the same manner as Regular Assessments. No Special Assessment shall be levied which
exceeds twenty percent (20%) of the budgeted gross Expenses of such Association for that fiscal year,
without the vote or written assent of the Owners representing a majority of the votes of the Members
of such Association. The Board shall, in its discretion, determine the schedule under which such
Special Assessment will be paid.
9.3.2 Consistent Sasis of Assessment. Every Special Assessment levied by and for an
Association shall be levied and paid upon the same basis as that prescribed for the levying and
payment of Regular Assessments for such Association.
9.4 Limited Assessments. Notwithstanding the above provisions with respell to Regular and
Special Assessments, a Board may levy a Limited Assessment against a Member as a remedy to reimburse the
Association for costs incurred in bringing the Member and/or such Member's Building Lot into compliance with
the provisions of the governing instruments for Sherebrook Hollow Subdivision.
9.5 Uniform Rate of Assessment. Unless otherwise specifically provided herein, Regular and
Special Assessments shall be fixed at a uniform rate per Building Lot for all Members of the Association.
9.6 Assessment Period. Unless otherwise provided in the Articles or Bylaws, the Assessment
period shall commence on January 1 of each year and terminate December 31 of the year in which the
Initiation Date occurs. The first Assessment shall be pro-rated according to the number of months remaining
in the fiscal year and shall be payable in equal monthly installments.
9.7 Notice and Assessment Due Date. Ten (10) days prior written notice of Regular and Special
Assessments- shall by sent to the Owner of every Building Lot subject thereto, and ±e an;~ person in possession
of such Building Lot. The due dates for installment payment of Regular Assessments and Special Assessments
shall be the first day of each month unless some other due date is established by the Board. Each monthly
installment of the Regular Assessment or Special Assessment shall become delinquent if not paid within ten
(10) days after the levy thereof. There shall accrue with each delinquent installment payment a late charge
equal to ten percent (10°/°) of the delinquent installment. In addition, each installment payment which is
delinquent for more than twenty (20) days shall accrue interest at eighteen percent (18%) per annum calculated
the date of delinquency to and including the date full payment is received by an Association. An Association
may bring an action against the delinquent Owner and may foreclose the lien against such Owner's Building
Lot as more fully provided herein. Each Owner is personally liable for Assessments, together with all interest,
costs and attorneys' fees, and no Owner may exempt such Owner from such liability by a waiver of the use
and enjoyment of the Common Areas, or by lease or abandonment of such Owner's Building Lot.
9.8 Estoppel Certificate. The Association, upon at least twenty (20) days prior written request,
shall execute, acknowledge and deliver to the party making such request, a statement in writing stating whether
or not, to the knowledge of the Association, a particular Building Lot Owner is in default under the provisions
of this Master Declaration, and further stating the dates to which any Assessments have been paid by the
Owner. Any such certificate delivered pursuant to this paragraph 9.8 may be relied upon by any prospective
MASTER DECLARATION - 19
westparklSherebrook~dec
purchaser or mortgagee of the Owner's Building Lot. Reliance on such Certificate may not extend to any
default as to which the signor shall have had no actual knowledge.
9.9 Special Notice and Quorum Reouirements. Notwithstanding anything to the contrary
contained in either the Bylaws or the Articles, written notice of any meeting called for the purpose of levying
a Special Assessment, or for the purpose of obtaining a membership vote in connection with an increase in
the Regular Assessment, shall be sent to all Members of an Association and to any person in possession of a
Building Lot in the applicable Tract, not less than fifteen (1 ~) days ..or more than thirty (30) days before such
meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent
(60%) of the total votes of the Association shall constitute a quorum. If such quorum is not present,
subsequent meetings may be called subject to the same notice requirement, and the required quorum at the
subsequent meetings shall be fifty percent (50%) of the quorum required at the preceding meeting. No such
subsequent meeting shall be held more than thirty (30) days following the preceding meeting.
ARTICLE X: ENFORCEMENT OF ASSESSMENTS; LIENS
10.1 Right to Enforce. The Master Association has the right to collect and enforce its Assessments
pursuant to the provisions hereof. Each Owner of a Building -Lot, upon becoming an Owner of such Building
Lot, shall be deemed to covenant and agree to pay each and every Assessment provided for in this Master
Declaration and agrees to the enforcement of all Assessments in the manner herein specified. In the event an
attorney or attorneys are employed for the collection of any Assessment, whether by suit or otherwise, or to
enforce compliance with or specific performance of the terms and conditions of this Master Declaration, each
Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy obtained against such
Owner. The Board or its authorized representative may enforce the obligations of the Owners to pay such
Assessments by commencement and maintenance of a suit' at law or in equity, or the Board may exercise the
power of foreclosure and sale pursuant to paragraph 10.3 to enforce the liens created hereby. A suit to
recover a money judgment for an unpaid Assessment shall be maintainable withouf foreclosing or waiving the
lien hereinafter provided.
10.2 Assessment Liens.
10.2.1 Creation. There is hereby created a claim of lien with power of sale on each and
every Building Lot to secure payment of any and all Assessments levied against such Building Lot
pursuant to ±his Master Declaration together with interest thereon at the maximum rate permitted by
law and all costs of collection which may be paid or incurred by the Association making the
Assessment in connection therewith, including reasonable attorneys` fees. Alf sums assessed in
accordance with the provisions of this Master Declaration shall constitute a lien on such respective
Building Lots upon recordation of a claim of lien with the Ada County Recorder. Such lien shall be
prior and superior to all other liens or claims created subsequent to the recordation of the notice of
delinquency and claim of lien except for tax liens for real property taxes on any Building Lot and
Assessments on any Building Lot in favor of any municipal or other governmental assessing body
which, by law, would be superior thereto.
10.2.2 Claim of Lien. Upon default of any Owner in the payment of any Regular,
Special or Limited Assessment issued hereunder, the Association may cause to be recorded in the
office of-the Ada County Recorder a claim of lien. The claim of lien shall state the amount of such
delinquent sums and other authorized charges (including the cost of recording such notice), a
sufficient description of the Building Lot(s) against which the same have been assessed, and the name
of the record Owner thereof. Each delinquency shall constitute a separate basis for a notice and claim
of lien, but any number of defaults may be included within a single notice and claim of lien. Upon
payment to the Association of such delinquent sums and charges in connection therewith or other
satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction
MASTER DECLARATION - 20
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of relief of such delinquent sums and charges. The Association may demand and receive the cost of
preparing and recording such release before recording the same.
10.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action in court or by
sale by the Association establishing the Assessment, its attorney or other person authorized to make the sale.
Such sale shall be conducted in accordance with the provisions of the Idaho Code applicable to the exercise
of powers of sale permitted by law. The Board is hereby authorized to appoint its attorney, any officer or
director of the Association, or any title company authorized to do business in Idaho as trustee for the purpose
of conducting such power of sale or foreclosure.
10.4 Required Notice. Notwithstanding anything contained in this Master Declaration to the
contrary, no action may be brought to foreclose the lien created by recordation of the notice of delinquency
and claim of lien, whether judicially, by power of sale or otherwise, until the expiration of thirty (30) days after
a copy of such claim of lien has been deposited in the United States mail, certified or registered, postage
prepaid, to the Owner of the Building lot(s) described in such notice of delinquency and claim of lien, and
to the person in possession of such Building Lot(s), and a copy thereof is recorded by the Association in the
Office of the Ada County Recorder.
10.5 Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein in
connection with a given Building Lot shall not be subordinate to the lien of any deed of trust or mortgage
except the lien of a first deed of trust or first mortgage given and made in good faith and for value that is of
record as an encumbrance against such Building Lot prior to the recordation of a claim of lien for the
Assessments. Except as expressly provided in paragraph 10.6 with respect to a first mortgagee who acquires
title to a Building Lot, the sale or transfer of any Building Lot shall not affect the Assessment lien provided for
herein, nor the creation thereof by the recordation of a claim of lien, on account of the Assessments becoming
due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or
defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Master
Declaration.
10.6 Ri>?hts of Mort>?a>;ees. Notwithstanding any other provision of this Master Declaration, no
amendment of this. Master Declaration shall operate to defeat the rights of the Beneficiary under any deed of
trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such
amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject
to this .".".aster Dec!aration as amended.
ARTICLE XI: INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS
11.i Member's Ri>?ht of Inspection. The membership register, books of `account and minutes of
meetings of the Board and committees of an Association shall be made available for inspection and copying
by any Member of the Association or by such Member's duly appointed representatives, at any reasonable time
and for a purpose reasonably related to such Member's interest as a Member at the office of the Association
or at such other place as the Board of such Association shall prescribe. No Member or any other person shall
copy the membership register for the purposes of solicitation of or direct mailing to any Member of an
Association.
11.2 Rules Re>?ardine Inspection of Books and Records. The Board shall establish reasonable
rules with respect to:
11.2.1 Notice to be given to the custodians of the records by the persons desiring to
make the inspection.
11.2.2 Hours and days of the week when such an inspection may be made.
MASTER DECLARATION - 21
westpark\S herebrook~dec
11.2.3 Payment of the cost of reproducing copies of documents requested pursuant to
this Article XI.
11.3 Director's Rights of Inspection. Every director shall have the absolute right at any
reasonable time to inspect all books, records and documents of the Association, and the physical properties
owned or controlled by the Association. The right of inspection by a director includes the right to make
extracts and copies of documents.
ARTICLE XII: ARCHITECTURAL COMMITTEE
12.1 Creation. Within thirty (30) days of the date on which the Grantor first conveys a Building
Lot to an Owner, Grantor shall appoint three (3) individuals to serve on Sherebrook Hollow Architectural
Committee ("Architectural Committee"). Each member shall hold office until such time as such member has
resigned or has been removed, oc such member's successor has been appointed, as provided herein. A
member of the Architectural Committee need not be an Owner. -Members of the Architectural Committee may
be removed by the person or entity appointing them at any time without cause.
12.2 Grantor's Right of Appointment. At any time, and from time to time, prior to ten (10) years
after the recording date of this Master Declaration in which Grantor is the Owner of at least ten percent (10%)
of the aggregate Building Lots, Grantor shall have the exclusive right to appoint and remove all members of
the Architectural Committee. At all other times, the Master Association Board shall have the right to appoint
and remove all members of the Architectural Committee. If a vacancy on the Architectural Committee occurs
and a permanent replacement has not yet been appointed, Grantor or the Board, as the case may be, may
appoint an acting member to serve for a specified temporary period not to exceed one (1) year.
12.3 Review of Proposed Construction. the Architecturai Committee shall consider and act upon
any and all proposals or plans and specifications submitted for its approval pursuant to this Master Declaration,
and perform such other duties as from time to time shall be assigned to it by the Board, including the
inspection of construction in progress to assure its conformance with plans approved by the Architectural
Committee. The- Board .shall have the power to determine, by rule or other written designation consistent with
this Master Declaration, which types of Improvements shall be submitted for Architectural Committee review
and approval. The Architectural Committee shall have the power to hire an architect, licensed with the State
of Idaho, to assis± the Architec±t:ra! Committee in its review of proposals or plans and specifications submitted
to the Architectural Committee. The Architectural Committee shall approve proposals or plans and
specifications submitted for its approval only if it deems that the construction, alterations or additions
contemplated thereby in the locations indicated will not be detrimental to the habitat of the Common Areas,
or appearance of the surrounding area of the Property as a whole, that the appearance of any structure affected
thereby will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof will
not become a burden on either the Master Association or any Local Association.
12.3.1 Conditions on Approval. The Architectural Committee may condition its approval
of proposals or plans and specifications upon such changes therein as it deems appropriate, and/or
upon the agreement of the Owner submitting the same ("Applicant") to grant appropriate easements
to an Association for the maintenance thereof, and/or upon the agreement of the Applicant to
reimburse an Association for the cost of maintenance, and may require submission of additional plans
and specifications or other information before approving or disapproving material submitted.
12.3.2 Architectural Committee Rules and Fees. The Architectural Committee also may
establish rules and/or guidelines setting forth procedures for and the required content of the
applications and plans submitted for approval. Such rules may require a fee to accompany each
application for approvals or additional factors which it will take into consideration in reviewing
MASTER DECLARATION - 22
westpark~Sherebrook~dec
submissions. The Architectural Committee shall determine the amount of such fee in a reasonable
manner. Such fees shall be used to defray the costs and expenses of the Architectural Committee,
including the cost and expense of hiring an architect licensed by the State of Idaho, as provided
above, or for such other purposes as established by the Board, and such fee shall be refundable to
the extent not expended for the purposes herein stated.
Such rules and guidelines may establish, without limitation, specific rules and regulations
regarding design and style elements, landscaping and fences and other structures such as animal
enclosures as well as special architectural guidelines applicable to Building Lots located adjacent to
public and/or private open space.
12.3.3 Detailed Plans. The Architectural Committee may require such detail in plans
and specifications submitted for its review as it deems proper, including, without limitation, floor
plans, site plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of
exterior material and colors. Until receipt by the Architectural Committee of any required plans and
specifications, the Architectural Committee may postpone review of any plan submitted for approval.
12.3.4 Architectural Committee Decisions. Decisions of the Architectural Committee
and the reasons therefor shall be transmitted by the Architectural Committee to the Applicant at the
address set forth in the application for approval within twenty (20) days after filing all materials
required by the Architectural Committee. Any materials submitted pursuant to this Article XII shall
be deemed approved unless written disapproval by the Architectural Committee shall have been
mailed to the Applicant within twenty (20) days after the date of filing said materials with the
Architectural Committee.
12.4 Meetings of the Architectural Committee. The Architectural Committee shall meet from time
to time as necessary to perform its duties hereunder. The Architectural Committee may from time to time by
resolution unanimously adopted in writing, designate a Architectural Committee representative (who may, but
need not be one of its members) to take any action or perform any duties for and on behalf of the Architectural
Committee, except the granting of variances pursuant to paragraph 12.9. In the absence of such designation,
the vote of any two (2) members of the Architectural Committee, or the written consent of any two (2)
members of the Architectural Committee taken without a meeting, shall constitute an act of the Architectural
Committee.
12.5 No Waiver of Future Approvals. The approval of the Architectural Committee of any
proposals or plans and specifications or drawings for any work done or proposed, or in connection with any
other matter requiring the approval and consent of the Architectural Committee, shall not be deemed to
constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and
specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent.
12.6 Comoensation of Members. The members of the Architectural Committee shall receive no
compensation for services rendered, other than reimbursement for expenses incurred by them in the
performance of their duties hereunder and except as otherwise agreed by the Board.
follows:
12.7 Inspection of Work. Inspection of work and correction of defects therein shall proceed as
12.7.1 Upon the completion of any work for which approved plans are required under
this Article XII, the Owner shall give written notice of completion to the Architectural Committee.
12.7.2 Within sixty (60) days ..thereafter, the Architectural Committee or its duly
authorized representative may inspect such Improvement. If the Architectural Committee finds that
MASTER DECLARATION - 23
westpark~S herebrookklec
such work was not done in substantial compliance with the approved plans, it shall notify the Owner
in writing of such non-compliance within such sixty (60) day period, specifying the particular
noncompliance, and shall require the Owner to remedy the same.
12.7.3 If upon the expiration of thirty (30) days from the date of such notification, or any
longer time the Architectural Committee determines to be reasonable, the Owner shall have failed
to remedy such noncompliance, the Architectural Committee shall notify the Board in writing of such
failure. Upon notice and hearing, as provided in the Bylaws, the Board shall determine whether there
is a noncompliahce and, if so, the nature thereof and the estimated cost of correcting or removing the
same. If a noncompliance exists, the Owner shall remedy or remove the same within a period of not
more than forty-five (45j days from the date of the announcement of the hoard ruling unless the Board
specifies a longer time as reasonable. If the Owner does not comply with the Board ruling within
such period, the Board, at its option, may either remove the noncomplying improvement or remedy
the noncompliance, and the Owner shall reimburse the Master Association, upon demand, for all
expenses incurred in connection therewith. If such expenses are not promptly repaid by the Owner
to the Master Association, the Board shall levy a Limited Assessment against such Owner for
reimbursement pursuant to this Master Declaration.
12.7.4 If for any reason the Architectural Committee fails to notify the Owner of any
noncompliance within sixty (60) days after receipt of the written notice of completion from the
Owner, the work shall be deemed to be in accordance with the approved plans.
12.8 Non-Liability of Architectural Committee Members. Neither the Architectural Committee
nor any member thereof, nor its duly authorized Architectural Committee representative, shall be liable to any
Association, or to any Owner or Grantee for any loss, damage or injury arising out of or in any way connected
with the performance of the Architectural Committee's duties hereunder, unless due to the willful misconduct
or bad faith of the Architectural Committee. The Architectural Committee shall revic'vv and apprcve or
disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis
of aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity
and to the Property generally. The Architectural Committee shall take into consideration the aesthetic aspects
of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials
and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design
be deemed approval of any plan or design from the standpoint of structural safety or conformance with
buildine or other codes.
12.9 Variances. The Architectural Committee may authorize variances from compliance with
any of the architectural provisions of this Master Declaration, including restrictions upon height, size, floor area
or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions,
hardship, aesthetic or environmental considerations may require. However no variances will be granted for
construction of structures or Improvements, including without limitation manicured lawns, in the Common
Areas. Such variances must. be evidenced in writing, must be signed by at least two (2) members of the
Architectural Committee, and shall become effective upon recordation in the office of the County Recorder
of Ada County. If such variances are granted, no violation of the covenants, conditions or restrictions
contained in this Master Declaration shall be deemed to have occurred with respect to the matter for which
the variance was granted. The granting of such a variance shall not operate to waive any of the terms and
provisions of this Master Declaration for any purpose except as to the particular Building Lot and particular
provision hereof covered by the variance, nor. shall it affect in any way the Owner's obligation to comply with
all governmental. laws and regulations affecting such Owner's use of the Building Lot, including but not limited
to zoning ordinances or requirements imposed by any governmental or municipal authority.
12.10 Local Architectural Committee. The Grantor may, at its option, create a three (3) member
Local Architectural Committee for the Property contained in any Tract designated by a Supplemental
MASTER DECLARATION - 24
westparkl5 herebrookWec
Declaration. Upon its formation, all proposals, plans and specifications for Improvements within the Tract
requiring approval of the Architectural Committee described above must be submitted to the Local
Architectural Committee for approval, rather than being submitted to the Architectural Committee. Thus, all
proposals, plans and specifications for Improvements require the approval of either the Architectural Committee
or the Local Architectural Committee, if such has been created, but not both such Committees. Each provision
of this Article XII shall apply to the Local Architectural Committee as if it were the Architectural Committee
and to the Local Association as if it were the Master Association, except to the extent that such interpretation
would be in conflict with the provisions of this Article Xli.
ARTICLE XIII: EASEMENTS
13.1 Easements of Encroachment. There shall be reciprocal appurtenant easements of
encroachment as between each Building Lot and such portion or portions of the Common Area adjacent
thereto or as between adjacent Building Lots due to the unwillful placement or settling or shifting of the
Improvements including but not limited to structures, walkways, bike paths, sidewalks and driveways
constructed, reconstructed or altered thereon in accordance with the terms of this Master Declaration.
Easements of encroachment shall be valid only so long as they exist, and the rights and obligations of Owners
shall not be altered in any way because of encroachments, settling or shifting of the improvements; provided,
however, that in no event shall a valid easement for encroachment occur due to the willful act or acts of an
Owner. In the event a structure on any Building Lot is partially or totally destroyed, and then repaired or
rebui{t, the Owners of each Building Lot agree that minor encroachments over adjoining Building Lots that
existed prior to the encroachment may be reconstructed pursuant to the easement granted by this paragraph
13.1.
13.2 Easements of Access. Grantor expressly reserves for the benefit of all the Property reciprocal
easements of access, ingress and egress for all CNvners to and from their respective Building Lots for installation
and repair of utility services, for drainage of water over, across and upon adjacent Building Lots, and Common
Areas, resulting from the normal use of adjoining Building Lots or Common Areas, and for necessary
maintenance and repair of any Improvement including fencing, retaining walls, lighting facilities, mailboxes
and sidewalk abutments, trees and landscaping. Such easements may be used by Grantor, and by all Owners,
their guests, tenants and invitees, residing on or temporarily visiting the Property, for pedestrian walkways,
vehicular access and such other purposes reasonably necessary for the use and enjoyment of a Building Lot
or Common Area.
13.3 Draina>e and Utility Easements. Notwithstanding anything expressly or impliedly contained
herein to the contrary, this Master Declaration shall be subject to all easements heretofore or hereafter granted
by Grantor for the installation and maintenance- of utilities and drainage facilities that are required for the
development of the Property. In addition, Grantor hereby reserves for the benefit of any Association the right
to grant additional easements and rights-of-way over the Property and/or a Tract, as appropriate, to utility
companies and public agencies as necessary or expedient for the proper development of the Property until
close of escrow for the sale of the last Building Lot in the Property to a purchaser.
13.3.1 Improvement of Drainage and Utility Easement Areas. The Owners of Building
Lots are hereby restricted and enjoined from constructing any Improvements upon any drainage or
utility easement areas as shown on the Plat of Sherebrook Hollow Subdivision or otherwise
designated in any recorded document which would interfere with or prevent the easement from being
used for such purpose; provided, however that the Owner of such Building Lots and the Grantor,
Master Association or designated entity with regard to the landscaping easement described in this
Article XIII, shall be entitled to install and maintain landscaping on such easement areas, and also
shall be entitled to build and maintain fencing on such easement areas subject to approval by the
Master Association Architectural Committee, so long as the same would not interfere with or prevent
the easement areas from being used for their intended purposes; provided, that any damage sustained
MASTER DECLARATION - 25
westpark~S he reb rookklec
to Improvements on the easement areas as a result of legitimate use of the easement area shall be the
sole and exclusive obligation of the Owner of the Building Lot whose Improvements were so
damaged.
13.4 Rights and Duties Concernine Utility Easements. The rights and duties of the Owners of
the Building Lots within the Property with respect to utilities shall be governed by the following:
13.4.1 Wherever utility house connections are installed within the Property, which
connections or any portions thereof lie in or upon Building Lots owned by an Owner other than the
Owner of the Building Lot served by the connections, the Owner of the Building Lot served by the
connections shall have the right, and is hereby granted an easement to the full extent necessary
therefor, to enter upon any Building Lot or to have their agent enter-upon any Building Lot within the
Property in or upon which said connections or any portion thereof lie, to repair, replace and generally
maintain the connections as and when it may be necessary.
13.4.2 Whenever utility house connections are installed within the Property, which
connections serve more than one Building Lot, the Owner of each Building Lot served by the
connections shall be entitled to full use and enjoyment of such portions of said connections as service
such Owner's Building Lot.
13.5 Driveway Easements. Whenever a driveway is installed within the Property which in whole
or in part lies upon a Building Lot owned by an Owner other than the Owner of the Building Lot served, or
installed to serve more than one Building Lot, the Owner of each Building Lot served or to be served by such
driveway shall be entitled to full use and enjoyment of such other Building Lot as required to service such
Owner's Building Lot or to repair, replace or maintain such driveway.
i3.o Disoutes as to Sharing of Costs. In the event of a dispute between Cwners v~ith respect
to the repair or rebuilding of utility connections or driveways, or with respect to the sharing of the cost
therefor, upon written request of one of such Owners addressed to the Master Association, the matter shall be
submitted to the Board which shall decide the dispute and, if appropriate, make an appropriate Assessment
against any or all of the Owners involved on behalf of the prevailing Owner(s), which Assessment shall be
collected and enforced in the manner provided by this Master Declaration for Limited Assessments.
1.3.7 General Landscape Easement. An easement is hereby reserved to each appropriate
Association, its contractors and agents, to enter those portions of Building Lots, for the purpose of installing,
maintaining, replacing and restoring exterior landscaping, and natural vegetation and habitat. Such landscaping
activity shall include,°by way of illustration and not of limitation, the mowing of lawns, irrigation, sprinkling,
tree and shrub trimming and pruning, walkway improvement, seasonal planting and such other landscaping
activities within the Property as such Association shall determine to be necessary from time to time.
13.8 Overhan>; Easement. There shall be an exclusive easement appurtenant to each Building
Lot over the Common Areas for overhanging eaves, and for any projections from the buildings, which
.projections shall not extend beyond the eave line.
13.9 Maintenance and Use Easement Between Walls and Lot Lines. Whenever the wall of a
structure, or a fence or retaining wall, constructed on a Building Lot under plans and specifications approved
by the Architectural Committee is located within three (3) feet of the lot line of such Building Lot, the Owner
of such Building Lot is hereby granted an easement over and on the adjoining Building Lot (not to exceed 3
feet from the Building Lot line) for purposes of maintaining and repairing such wall or fence and eaves or other
overhangs, and the Owner of such adjoining Building Lot is hereby granted an easement for landscaping
purposes over and on the area lying between the lot line and such structure or fence so long as such use does
not cause damage to the structure of fence.
MASTER DECLARATION - 26
westpark~S herebrook~dec
ARTICLE XIV: MISCELLANEOUS
14.1 Term. The easements created hereunder shall be perpetual, subject only~to extinguishment
by the holders of such easements as provided by law. The covenants, conditions, restrictions and equitable
servitudes of this Master Declaration shall run until December 31, 2016, unless amended as herein provided.
After December 31, 2016, such covenants, conditions and restrictions shall be automatically extended for
successive periods of ten (10) years each, unless amended or extinguished by a written instrument executed
by Members holding at least three-fourths (3/4) of the voting power of the Master Association and such written
instrument is recorded with the Ada County Recorder. Further provided that the Master Association shall not
be dissolved without the prior written approval of the City of Meridian and Ada County Highway District, such
consent not to be unreasonably withheld provided that a responsible successor organization shall agree to
perform those maintenance responsibilities arising from applicable city and county governmental requirements.
14.2 Amendment.
14.2.1 By Grantor. Except as provided in paragraph 14.3 below, until the recordation
of the first deed to a Building Lot in the Property, the provisions of this Master Declaration may be
amended, modified, clarified, supplemented, added to (collectively, "amendment") or terminated by
Grantor by recordation of a written instrument setting forth such amendment or termination. Any
amendment affecting only a particular Tract may be made by Grantor by an amendment to this Master
Declaration at any time up to the recordation of the first deed to a Building Lot in such Tract.
14.2.2 By Owners. Except where a greater percentage is required by express provision
in this Master Declaration, the provisions of this Master Declaration, other than this Article XIV, any
amendment shall be by an instrument in writing signed and acknowledged by the president and
secretary of the Master Association certifying and attesting that such amendment has been approved
by the vote or written consent of Owners representing more than fifty percent (50%) of the votes in
the Master Association, and such amendment shall be effective upon its recordation with the Ada
County Recorder. Any amendment to this Article XIV shall require the vote or written consent of
Members holding ninety-five percent (95%) of the voting power of the Master Association.
14.2.3 Effect of Amendment. Any amendment of this Master Declaration approved in
the manner specified above shall be binding on and effective as to all Owners and their respective
properties notwithstanding that such Owners may not have voted for or consented to such
amendment. Such amendments may add to and increase the covenants, conditions, restrictions and
easements applicable to the Property but shall not prohibit or unreasonably interfere with the allowed
uses of such Owner's property which existed prior to the said amendment.
14.3 Mortga>?e Protection. Notwithstanding any other provision of this Master Declaration, no
amendment of this Master Declaration shall operate to defeat or render invalid the rights of the beneficiary
under any first deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the
recordation of such amendment, provided that after foreclosure of any such first deed of trust such Building
Lot shall remain subject to this Master Declaration, as amended.
14.4 Notices. Any notices permitted or required to be delivered as provided herein shall be in
writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to
have been delivered seventy-two (72) hours after the same has been deposited in the United States mail,
postage prepaid, addressed to any person at the address given by such person to the Master Association for
the purpose of service of such notice, or to the residence of such person if no address has been given to the
Master Association. Such address may be changed from time to time by notice in writing to the Master
Association, as provided in this paragraph 14.4.
MASTER DECLARATION - 27
westpark~Sherebrook~dec
14.5 Enforcement and Non-Waiver.
14.5.1 Right of Enforcement. Except as otherwise provided herein, any Owner of any
Building Lot shall have the right to enforce any or all of the provisions hereof against any property
within the Property and Owners thereof.
14.5.2 Violations and Nuisances. The failure of any Owner of a Building Lot to comply
with any provision hereof, or with any provision of the Articles or Bylaws of any Association, is
hereby declared a nuisance and will give rise to a cause of action in the Grantor, the Association or
any Owner Building Lot(s) within the Property for recovery of damages or for negative or affirmative
injunctive relief or both. However, any other provision to the contrary notwithstanding, only Grantor,
the Master Association, the Board, or a duly authorized agent of any of them, may enforce by self-help
any of the provisions hereof only if such self-help is preceded by reasonable notice to the Owner.
14.5.3 Violation of Law. Any violation of any state, municipal or local law, ordinance
or regulation pertaining to the ownership, occupation or use of any property within the Property is
hereby declared to be a violation of this Master Declaration and subject to any or all of the
enforcement procedures set forth in this Master Declaration and any or all enforcement procedures
in law and equity.
14.5.4 Remedies Cumulative. Each remedy provided herein is cumulative and not
exclusive.
14.5.5 Non-Waiver. The failure to enforce any of the provisions herein at any time shall
not constitute a waiver of the right to enforce any such provision.
14.6 interpretation. The provisions of this Master Declaration shall be liberally construed to
effectuate its purpose of creating a uniform plan. for the development and operation of the Property. This
Master Declaration shall be construed and governed under the laws of the State of Idaho.
14.6.1 Restrictions Construed Together. All of the provisions hereof shall be liberally
construed together to promote and effectuate the fundamental concepts of the development of the
Property as set forth in the recitals of this Master Declaration.
14.6.2 Restrictions Severable. Notwithstanding the provisions of the foregoing paragraph
14.6.1, each of the provisions of this Master Declaration shall be deemed independent and severable;
and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity
or enforceability of any other provision herein.
14.6.3 Singular Includes Plural. Unless the context requires a contrary construction, the
singular shall include the plural and the plural the singular; and the masculine, feminine or neuter
shall each including the masculine, feminine and neuter.
14.6.4 Captions. All captions and titles used in this Master Declaration are intended
solely for convenience of reference and shall not affect that which is set forth in any of the provisions
hereof.
14.7 Successors and Assigns. All references herein to Grantor, Owners, any Association or
person shall be construed to include all successors, assigns, partners and authorized agents of such Grantor,
Owners, Association or person,
MASTER DECLARATION - 28
westpark~S herebrook~dec
IN WITNESS WHEREOF, Grantor has set its hand this day of 1997.
GEM PARK II, an Idaho general partnership
By:
General Partner
STATE OF f DAHO )
ss.
County of Ada )
On this day of , 1997, before me, the undersigned, a Notary Public in
and for said state, personally appeared ,known or identified to me to be the General
Partner of GEM PARK II, the partnership that executed the instrument or the person who executed the
instrument on behalf of said partnership, and acknowledged to me that such partnership executed the same.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written.
Notary Public for Idaho
Residing at Boise, Idaho
My commission expires:
MASTER DECLARATION - 29
westpark\Sherebrook~dec
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
MASTER DECLARATION - 30
westpark~S herebrook~dec
EXHIBIT B
° LEGAL DESCRIPTION OF
SHEREBROOK HOLLOW COMMON AREA
LOTS ,BLOCK _, AND-LOTS ,BLOCK `; AND LOT ,BLOCK OF
Sherebrook Hollow NO. 1 SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT THEREOF AS FILED IN
BOOK OF PLATS AT PAGES ,RECORDS OF ADA COUNTY, IDAHO.
MASTER DECLARATION - 31
westpark`Sherebrook~dec
EXHIBIT C
LEGAL DESCRIPTION OF SHEREBROOK HOLLOW TRACTS
ALL OF Sherebrook Hollow NO. 1 SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT OF
SUBDIVISION, RECORDED ON 1997, AS PLAT NUMBER ,RECORDS OF ADA
COUNTY, IDAHO.
MASTER DECLARATION - 32
westpark~5 herebrookkJec
~,.
~'~
REQUEST FOR SUBDIVISION APPROVAL
PRELIMINARY PLAT AND/OR FINAL PLAT
PLANNING AND ZONING COMMISSION
TIME TABLE FOR SUBMISSION:
A request for preliminary plat approval must be in the City Clerks possession no
later than three days following the regular meeting of the Planning and Zoning
Commission.
The Planning and Zoning Commission will hear the request at the monthly meeting -
following the month the request was made.
After a proposal enters the process it may be acted upon at subsequent monthly
meetings provided the necessary procedures and documentation are received
before 5:00 P.M., Thursday following the Planning and Zoning Commission action.
GENERAL INFORMATION
1. Name of Annexation and Subdivision, Sherbrooke Hollows Subdivision'No.2
2. General Location, -East side of Locust Grove and North of Victory
3. Owners_of record, Gem Park II, Partnership
Address, P. O. Box 344, Meridian, ID. ,Zip 83642 Telephone 888-9946
4: Applicant, Gem Park II Address, P. O._Box 344, Meridian, ID 83642
5. Engineer, Kathy Stroschein Firm Briggs Engineering. Inc.
Address, 1800 W. Overland Road, Boise, ID Zip 83705 Telephone 344-9700
6. Name and address to receive City billings: Name Gem Park II
Address P. O. Box 344. Meridian, ID 83642 Telephone 888-9946
PRELIMINARY PLAT CHECKLIST: Subdivision Features
1. Acres 15.11
2. Number of lots 44 Single Family Lots and 1 Common Lots
980602~subappl.mer
(1)
,
. ~,
3. Lots per acre 2.98
i
4. Density per acre 2.91
5. Zoning Classification(s) Zoning_R-4
6. If the proposed subdivision is outside the Meridian City Limits but within the
jurisd+ctional mile,.. what is the existing zoning classification N/A
7. Does the plat border a potential green belt No
8. Have recreational easements been provided for YesLpedestrian pathways to the
Nine Mile Drain & Ridenbaugh Canal
.. ,. .
9. Are there proposed recreational amenities to the City " No
Explain
10. Are there proposed dedications of common areas? No
Explain
For future parks? No Explain,
11. What school(s) service the area Mary McPherson • do you propose any
agreements for future school sites No ,Explain
-- 12. Other proposed amenities to the City- Central Water Supply . Hydrants - -
Fire Department, Central Sewer, Other ,Explain Extension of Nine Mile
Sewer Main within the subject property
13. Type of Building (Residential, Commercial, Industrial or combination) Residential
14. Type of Dwelling(s) Single Family,Duplexes, Multiplexes, other Single Family
Dwellings
15. Proposed Development features:
a. Minimum square footage of lot(s), 8 000 SF
b. Minimum square footage of structure(s), 1 400 SF
c. Are°garages provided for, Yes square footage 400
980602\subappl.mer (2)
`' d. Are other coverings provided for No
e. Landscaping has been provided for Yes ,Describe Some
landscaping along the Nine Mile Drain µ-paths. Some areas will be
maintained as a riperian area in their natural state
f. Trees will be provided for Yes ,trees will be maintained by the
Sherbrooke Hollows Homeowner's Association
g. Sprinkler systems are provided for Yes
h
Are there multiple units
Type
Remarks
Are there special set back requirements No ,
Explain
j. Has off street parking been provided for Yes Explain
Garages and Driveways
k. Value range of property N/A
I. Type of financing for development Conventional
m. Protective covenants were. submitted Yes ,Date 9/3/98
16. Does the proposal land lock other property
Does it create Enclaves
STATEMENTS OF COMPLIANCE:
1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required
by Ada County Highway District and Meridian Ordinance. Dimensions will be
determined by the City Engineer. All sidewalks will be five (5) feet in width.
2. Proposed use is in conformance with the City of Meridian Comprehensive Plan.
3. Development will connect to City services.
4. Development will comply with City Ordinances.
980602\subappl.mer (3)
'` 5. Preliminary Plat will include all appropriate easements.
6. Street .names must not conflict with City grid system. "
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MERIDIAN CITY LIMITS
HOLLOWS SUBD. N0.2
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BL 8
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ZONE BOUNDARY (TYP) ~ 22 21 2 X18 5
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BRIGGS ENGINEERING
INC.
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SHERBROOKE HOLLOWS SUBDIVISION NO. 2 REVISION }
BRIGGS PORTION SW 1/4 SECTION 20, T.3N., R.lE., B.M.
,~ MERIDIAN, ADA COUNTY, IDAHO
~~~ SHEET
10F1
DATA FROM ADA COUNTY DIGTfAL BAS&MAP
1800 CNERLAhD RCAD DESIGN DRAFT SCALE Q4TE DWG. NO.
BOISE, ICi4hiD 83705 BIB 1" =400' 08/25/98 980602 ~