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HomeMy WebLinkAboutEnglewood Creek Estates Subdivision No. 2 PP04/06/98 MON 15:46 PAd. , OFf1ClAlS WILLIAM 0. BERG, JR., Ciry Clork • ANICE L. SMITH, CI Treasurer GARY BRUC rl :-S7UART, Water Wnrks b0 . JOHN T. SHC,gf~ ~s~y>(~er Supt. DENNIS J. ~jE a SHA~RI Lam. STIL~EQS,~P & Z Administrator~T W.L. "BIpL'"Oi~N; ~ e' re~l~ WAYNE G. CROOKSTON, JA., Atromey ROBERT D. OR Mayor CITY OF MERIDIAN TYtANS1VI1[TTAL TO AGENCIES FOH COMMENTS,ON DEVELOPMENT PI20JECTS WITH THE CITX OF NYEI<2IDIAN • c~' To insure that your comments and recommendations evil! be considered by the Meridian Planning &~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 1998 .TRANSMITTAL DATE:- March 17, 1998 HEARING DATE: April 14. 1998 REQUEST: Preliminary Plat for Englewood Creek Estates Subdivision No. 2 BY: Englewood Creek Development Com. LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and'/a mile South of Ustick Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALGOI.M MACCOY, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P2 ADA COUNTY HIGHWAY DISTRICT ~,t3YRON SMITH, P2 ADA PLANNING ASSOCIATION KEITH BORUP, P2 CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR ~RON ANDERSON, C/C ~CHARUE ROUNTREE, C/C , -KEITH BIRD, C!C _ GLENN 6ENTLEY, C!C -WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT Post-Yt" F8X Note 7671 Date _ ~ ~ c~ca ~ I To ~ _ From Jar''` S ,,.. Co.;pept. ~ r Co' ,p Ye W ~YL l.,o. Phons ~ ~ ~ ~~3 3 Phonc # 3 22 - 20~ Fax ~ ~ a- 3 Fax ~ 3$~S~ ~ 9 -FIRE DEPARTMENT YO _POUCE DEPARTMENT -CITY ATTORNEY CITY ENGINEER We require a permanent 10-foot wide public utilities. j easement along all lots adjacent to a~ road right-of-way dedicated to public or private use. ~roJ ~~s Tim Adams ~,,~ ~~~ Idaho Power 322-2047 . ,, RPR 06 ' 98 16 47 PRGE. 01 11001 HUB OF TREASURE VA G~1NGIl MEMBERS A GOOd P1aCt: [0 )(.lVC WALT W. MORROW, President RONALD R, TpLSMA CITY ~J~' MEI~IAI~T C"GLENN R BENTiVLlERYEE 33 EAST IDAHO MERIDIAN, ID.A~HO 83642 P 8 Z COMMISSION Phone (20S) SS8-4433 • FAX (20S) d87~~ CE~D JIM JOf•iNSON. Chairman Public Works/Buildins Dcpartmeaf (208) 88 MALCOLM MACCOY Legal Depattmcnt (208) 834-42S2 KEITH BORUP APR 0 7 1998 BYRON SMSTH C R1)r Mayor ROBERT D. CORRIE City Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD August 25, 1999 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN ~~ 33 EAST IDAHO .MERIDIAN, IDAHO 83642 (208) 888-4433 ~-Fax (208) 887-4813 City Clerk Fax (208) 888-4218 Pioneer Title Company Attn: Sue Rich Boise, ID LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 ~cE~vED AUG 2 5 1999 CITY OF MERIDIAN RE• Englewo d~CreekNo 2 SubdivislonaLo_ t118 Block 6 -Partial Vacation of Sewer T.i;- - E e t'"°` by Br1an I,ee Construction Deaz Ms. Rich: The purpose of this letter is to confirm the City of Meridian's Planning & Zoning Department and Public Works Department (Gary Smith, City Engineer) have reviewed the subject application in detail and recommended approval to the Planning & Zoning Commission and City Council. On July 13, 1999, the P&Z Commission recommended approval of the partial vacation to the City Council. Then, on August 17, 1999, the City Council formally approved the vacation request, including a correction to the application that the easement vacation is for Lot 18, Block 6 and not Lot 17, Block 6, as stated on the original-application. The Council requested the City Attorney to prepaze an Order to be signed by Mayor Corrie that formalizes the vacation process. The City Attorney's Office confirmed to me this morning that they are preparing the Order but it is not yet complete for the Mayor to sign. The City of Meridian's formal approval and processing of the application will be complete upon the Mayor's signature. Please be advised, however, that upon the Mayor's signature of the Order, the vacation must still be approved by the Ada County Highway District. This is a matter of Idaho State Code and not controlled by City of Meridian ordinance. Sincerely, CITY OF MERIDIAN ~ ~-C~ ~~ Shazi Stiles P&Z Administrator ~,-~ •_I i% ,. .x ~ REcEZvED - AUG 2 ~1 ~ 1998 . CI7~Y t~F 1VIERIDIAN •, ` 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 ' ~ FAX # 208-463-0092 - 18 August 1998 Phones: Area Code 208 A. J. Carlson OFFICE: Nampa 466-7861 Hubble Engineering, lnC SHOP: Nampa 466-0663 9550 Bethel Court , Boise lD 83709 .-- RE: ''"Englewood Creek Estates.No..2~4. . - Dear A. J.. The Nampa & Meridian Irrigation District has completed a re-review of the revised plans for the above mentioned project. The orifice has been sized properly and the irrigation line has now been looped throughout the entire system so this should be adequate far the District. Englewood Creek Estates No. 2 has met all requirements of the District with the exception of a discharge agreement for any municipal surface run-off and the pressure irrigation contracts. if you have not yet obtained these documents, p/ease contact the District's attorney, Ms. Laura Burri at 342-4591 and ask that she prepare these immediately for the District's Board of Directors consideration at the next avai/able board meeting. Please. feel free to contact. me if you feel further discussion is required. Sincerely, ,~ ,~c~...~.-_ John P. Anderson, Water Superintendent NAMPA & MERIDIAN lRRICiATION D/STRICT JPA: dln cc: File Each Director Secretary-Treasurer Asst. Water Superintendent Attorney -Burri "'"City of'IGleridian + ~ _ ` ,~ _. ,, ..,s< • .,~.. .tit ~. - ~•. ~ : , a . . .. - .. - b' .~ ~~ ~ ,. -,o ~.~ •y, r ~` APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 ~ - BOISE PROJECT RIGHTS - 40,000 ,.-` Meridian City Coun~ May 5, 1998 Page 33 Corrie: We'll have aten-minute break. -- Okay the Council is all back in their seats and hands folded so I'll call the meeting to order.. Sorry, I talked to a third grade class today and it was just come natural that they had to be quiet and fold their hands and listen to me. ITEM #10: PUBLIC HEARING: °PRELIMINARY.~PLAT FOR ENGLEWOOD CREEK ESTATES,SUBDIV{SION N0.2,13Y ENGLEWOOD DEVELOPMENT CORP. -WEST OF TEN-MILE ROAD AND'/4 MILE SOUTH OF USTICK ROAD: Corrie: At this time I'll open the public hearing on item #10 and invite the persons with Englewood Creek Subdivision to step forward. Crookston: Would you state your name and address please. Tomlinson: My name is Richard Tomlinson, I work at Hubble Engineering, 9550 Bethel Court in Boise, Idaho. Crookston: Do you promise, swear of affirm that the testimony you give tonight at this public hearing be the truth, the whole truth and nothing but the truth so help you? Tomlinson: Yes. Crookston: Please proceed. Tomlinson: Thanks. Just to kind of start off with Mr. Mayor and Council members, this Englewood. Creek Estates Subdivision No. 2, it's the second phase of a subdivision that was originally preliminary platted in 1993, the development I think has changed hands a couple times and I'm here on behalf of the current developers, Englewood Creek Development Corp., and because the preliminary plat had expired they are reapplying for a preliminary plat and not a lot of things have changed from the original one that was approved some years ago, there's been a little layout change but it's been basically dictated by the surrounding areas that have developed since the original preliminary plat had been taken so it's met all the conditions needed for development. I received the general comments and site specific comments from Bruce Freckleton and the Public Works Department and have addressed those in a letter to you all and also have agreed with all the comments, there was one that we touched on during the Planning and Zoning Commission about needing a 20-foot wide common lot for the sewer line from the south. There's an undeveloped phase of the Lakes at Cherry Lane, ! believe is the kind of townhouse area on the east end of the Lakes at Cherry Lane, the sewer that comes through there, I'd spoken with Bruce Freckleton and I think he talked with Gary and we've kind of worked out -s Meridian City Coun~ • May 5, 1998 Page 34 that we would have a twenty foot easemenf there as opposed to a common lot. The easement would be completely on one lot so there wouldn't be a fence down the middle of the easement to get access to the line or any maintenance that would need to be done on that. We would Pike to do this in lieu of a separate common lot because the lot wouldn't go anywhere except to the backyard of - well not the backyard but the common area of the townhouses that'll be developed sometime on the south. Other than that, have you received the letter that t sent to you last week addressing the comments from the Public Works Dept. and staff? If you have any questions I am available. Corrie: Questions, Council? Bentley: I have none at this time. Bird: I have none. Corrie: Alright, thank you. Anyone else from the public that would like to issue testimony in this preliminary plat public hearing? Hearing none I'll close the. .public hearing. Questions from Council, staff? Rountree: Comment from Gary. Smith: Mayor and Council, we don't have any problems with their responses to our comments and Rich has related the information on the sewer easement as Bruce Freckleton related it to me, it's a relatively short length of line that's accessible from both ends with a manhole, the common lot didn't make any sense because it wasn't going anywhere other than it was dumping into another common lot that belongs to that subdivision to the south so it wasn't really serving any purpose and it would probably create a problem for the adjacent lots so we felt that in this case an easement was most appropriate. I think that was the only issue really on our comments and that has been resolved, thank you. Corrie: Any further comments? Rountree: °Mr. Mayor, t make a motion that we approve the preliminary plat for the Englewood Creek Sub. No. 2 subject to staff comments. Bird: Second. Corrie: Motion made. by Mr. Rountree second by Mr. Bird that we accept the preliminary plat subject to conditions of staff. Any further comment, discussion? All those in favor of the motion say aye. MOT10N CARRIED: All aye. ~. MERIDIAN PLAS AND ZONING APRIL 14, 1998 PAGE 64 Johnson: We have a motion and a second to have the City Attorney prepare Findings of Fact and Conclusions of Law. All in favor? Opposed? MOTION CARRIED: All aye. _..__ .v. _ ____ .... -. ~. ITEM #9: PUBLIC HEARING: PRELIMINARY PLAT FOR ENGLEWOOD CREEK ESTATES SUBDIVISION N0. 2 BY ENGLEWOOD DEVELOPMENT CORP. -WEST OF~TEN'MILE ROAD AND'/4 MILE SOUTH OF USTICK ROAD: Johnson: I'll now open this public hearing and invite the applicant or the applicant's representative to address the Commission and be sworn. Tomlinson: My name is Richard Tomlinson I work with Hubble Engineering, 9550 Bethel. Court, Boise, Idaho. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and. nothing but the truth? Tomlinson: I do. Prior: Proceed. Tomlinson: I'm here on behalf of the developer, it's for Englewood Creek Estates Subdivision No.2, it's a 49 lot subdivision on 15'/ acres, it's apparently in the R- 4 zone and I think we meet all of those -meet aH of the requirements in that zone and also we agree with the recommendations and comments that the staff has brought up for the subdivision except for site specific comment number six which is to dedicate a twenty foot lot - Johnson: I think you responded to those in writing didn't you? Tomlinson: l did, and at the time we had agreed with it and I have spoken with the Public Works Department since then as to, maybe some other way we can deal with the sewer line being brought in between lots 12 & 13 of block~4 there and we would put in a twenty foot exclusive easement. The twenty foot easement would be entirety on one lot so there wouldn't be a fence down the middle or over the sewer line so there would be adequate area there to get in and do any repairs necessary. Johnson..: Okay any questions of Mr. Tomlinson? Commissioner Borup? Borup: item #7 on the flood plain, is this area being affected by flood plains differently than others? MERIDIAN PLAS~~ AND ZONING APRIL 14, 1998 PAGE 55 Tomlinson: No, it's not. The-Five Miie drain is~adjacent to this property on the east boundary and there's a floodway and floodplains along with ,that but it's not in a - on the lot's -the flood plain elevations are well below the elevations of this subdivision. Borup: It's 100 or the 500? Tomlinson: 100. Borup: That's all I have for Rich, sometime I've got a question for staff but we can probably do that later on. Johnson: Yeah I'm going to ask Bruce now on item #6 if I could please. Have you had discussion with Hubble Engineering regarding that? Freckleton: Yes, we have. I concur with what he has said. We do feel that the easement would be an adequate solution in this case. We have access to both ends of this main, it's fairly deep, it's nine feet deep. At the final plat stage we do plan on putting some restrictions on that lot so far as what could be improved permanent structures and that sort of thing, so we feel real comfortable with the easement situation. Johnson: Okay thank you Bruce. Did you want to hold yours for later? Borup: No let me maybe ask Mr. Tomlinson first. Item #4 on orientation of lots and arrows indicating -..have you got any comment on that? And I bring this up from a comment I heard from someone else previously but maybe a little bit different situation. Tomlinson: 1 don't, there was one lot on there where it was a corner lot and in this zone we need t'o have a minimum eighty feet of frontage and this particular one side of this lot was 79 feet so we will have an arrow on there orientating the house to the 80 foot frontage. Borup: Okay then maybe a question for Bruce. I guess I didn't really understand what you were trying to say there unless it was saying that one of the lots was under 80 feet. Freckleton: That's true Commissioner Borup, in fact Rich pointed that out to me today that I wasn't real specific there. Typically when I do make this comment I do specify a particular lot and I'm not so general, it was for the record lot 17, block 4, the north Phoenix Avenue frontage was the short side and so Rich is correct the arrow would point towards Angelica Drive. Borup: If it stays (inaudible) Rich is that the one you were saying was 79? 1 i~ MERIDIAN PLANNI~ AND ZONING APRIL 14, 1998 PAGE 66 " Tomlinson: Right. .Borup: Are these dimensions correct? Tomlinson: Right, what you have there is - Borup: Is that a twenty foot radius there? Tomlinson: That`s a twenty foot radius, yes. Borup: And then there's 65 on top of the 20? Tomlinson: Right, well the radius is twenty-frve feet, !believe the arc length is twenty-eight feet, that may not be a ninety degree angle there. Borup: Well then yeah it looks to me like that far exceeds the 80 feet. Tomlinson: No it's typically I think we take. half of the arc length -- half of the arc length plus the tangent. Borup: Okay that was my next question the definition of frontage on a corner lot Freckleton: Right, the criteria that the City Engineer has had us going by is'/z arc length plus the tangent length on the side. Borup: Can you explain the rational behind that rather than the back property boundary -- or is there any rational? - And I realize that maybe doesn't necessarily apply to this specific application but it's for my clarification. for future and to try to clarify a question I was asked - Freckleton: In a lot of cases lots do narrow towards the front, this particular lot does narrow some, the side lot lines aren't parallel with one another so by applying the ordinance the frontage requirements of the ordinance we go by the street frontage. Borup: So you're-saying -how about bt 16, right behind it? Rich is that a 28 foot radius? There's no curve.date on-here but - Tom(inson: I'm going to go - Freckleton: That's your arc length Rich, you take the 71 plus'/ of the 28, the 28 is the arc length so it wou{d be roughly 14 and 71, you make it on that one. MERIDIAN PLANN~ AND ZONING APRIL 14, 14998 PAGE 67 Borup: So you're saying if that was - if the back of that lot was -well those aren't all right angles - if the back of that lot was a 84 foot lot it would not meet the criteria then? Freckleton: That would be correct if the side lot lines were parallel, if it didn't converge toward the front. Borup: Right, yeah and (realize - I'm not sure if those are Freckleton: Yeah at the preliminary.plat it's hard to tell. Johnson: Yeah maybe we can explore this with the City Engineer later. Borup: Yeah I would like to because I have some questions on (inaudible) Johnson: We need to move on this application, any more question's of Hubble Engineering's representative? Okay thank you. Anyone like to come forward on this application? Any further comments from anyone? I'll close the public hearing at this time. This preliminary plat does not require Finding of Fact and Conclusions of Law, it requires a recommendation to the City Council. Borup: Chairman, I move that we recommend to City Council approval of this preliminary plat. Nelson: Second. Johnson: We have a motion and a second to recommend approval of the preliminary plat for item #9 the application by Englewood Development Corp. All in favor? Opposed? MOTION CARRIED: All aye. Freckleton: Excuse me Mr. Chairman, the motion didn't include deletion of item #6 site specific. Johnson: It could. Do you want to withdraw your motion? Borup: Yeah I'd like to withdraw my motion. Johnson: Withdraw the motion, we'll start over. Borup: Does that need to state deletion of #6 or stating that there wouldn't be a 20 foot easement on -did they go the 12 or 13? Johnson: Well you could just make it - MERIDIAN PLASIN~I~G AND ZONING APRIL 14, 1998 PAGE 68 Borup: Or is that pertinent? Johnson: You. could make it vague, you could say -considering alternate options for site specific item #6 to be worked out by staff. Borup: Okay. Mr. Chairman, I would move that we recommend City Council approval of this preliminary plat with the clarification on the sewer line between lot 12 and 13 that sewer main easement be worked out between the applicant and staff as far as easement location and specifications. MacCoy: Second. Johnson: We have a motion and a second, any further discussion? All in favor? Opposed? MOTION CARRIED: All aye ITEM #10: PUBLIC HEARING: ANNEXATION AND ZONING OF 2.02 ACRES FOR OLIASON PARK SUBDIVISION NO. 1 BY TONY HICKEY -EAST OF 603 EAST PIINE: Johnson: I`ll now open a public hearing and ask that the applicant's representative be sworn and address the Commission. Howard: My name is Jim Howard with J. J. Howard Engineering, address is 1675A Hill Road. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the (End of Tape) Howard: We have brought some visual aids if you would like to look at those we could post those and discuss this project. Johnson: Whatever you would like to do in your presentation. Howard: The proposed development is just off of Pine Street. It's a twenty lot townhouse subdivision. It's currently zoned agricultural. We'are requesting a rezone into the city under an R-15 designation, and from the out set, we contacted the City about the concerns of Idaho Street which is on the south boundary, at that time the City as I recall was - I don't want to characterize it indifferent. They weren't really concerned, or they didn't have an opinion as whether Idaho should be extended or not, and I'li let them speak to that. And then we presented a plan based on Idaho not being extended. And with further discussions with Ada County Highway District just recently, they requested or f ~~ r i MERIDIAN CITY COUNCIL MEETING: MAY 5. 1998 APPLICANT:. ENGLEWOOD DEVELOPMENT CORP. ITEM NUMBER: t0 REQUEST: PUBLIC HEARING: PRELIMINARY PLAT FOR ENGLEWOOD CREEK ESTATES SUB. #2 AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 4114/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED EVALUATION SHEETS Ks°P~ ~m~ OTHER:_ NUBBLE ENGINEERING -SEE ATTACHED COVER LETTER & REVISED PRELIMINARY PLAT All Materials presented at public meetings shag become property of the City of Meridian. MERIDIAN PLA AND ZONING APRIL 14, 1998 PAGE 64 Johnson: We have a motion and a second to have the City Attorney prepare Findings of Fact and Conclusions of Law. All in favor? Opposed? MOTION CARRIED: All aye. ITEM #9: PUBLIC HEARING: PRELIMINARY PLAT FOR ENGLEWOOD CREEK ESTATES SUBDIVISION NO.2 BY ENGLEWOOD DEVELOPMENT CORP: -WEST OF TEN MILE ROAD ANf}'/4 MILE SOUTH OF USTICK ROAD: Johnson: I'll now open this public hearing and invite the applicant or the applicant's representative to address,the Commission and be sworn. Tomlinson: My name is Richard Tomlinson I work with Hubble Engineering, 9550 Bethel Court, Boise, Idaho. Prior. Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Tomlinson: I do. Prior. Proceed. Tomlinson: I'm here on behalf of the developer, it's for Englewood Creek Estates Subdivision No.2, it's a 49 lot subdivision on 15'/ acres, it's apparently in the R- 4 zone and I think we meet all of those -meet all of the requirements in that zone and also we agree with the recommendations and comments that the staff has brought up for the subdivision except for site specific comment number six which is to dedicate a twenty foot lot - Johnson: I think you responded to those in writing didn't you? Tomlinson: I did, and at the time we had agreed with it and I have spoken with the Public Works Department since then as to maybe some other way we can deal with the sewer line being brought in between lots 12 & 13 of block 4 there and we would put in a twenty foot exclusive easement. The twenty foot easement would be entirely on one lot so there wouldn't be a fence down the middle or over the sewer line so there vwuid be adequate area there to get in and do any repairs necessary. Johnson:' Okay any questions of Mr. Tomlinson? Commissioner Borup? Borup: Item #7 on the flood plain, is this area being affected by flood plains differently than others? MERIDIAN PLAS1l~ AND ZONING • APRIL 14, 1998 PAGE 65 Tomlinson: No, it's not. The Five Mile drain is adjacent to this property on the east boundary and- there's a floodway and floodplains along with that but it's not in a - on the lot's -the flood plain,elevations are well below the elevations of this subdivision. Borup: It's 100 or the 500? Tomlinson: 100. Borup: That's all I have for Rich, sometime I've got a question for staff but we can probably do that later on. Johnson: Yeah I'm going to ask Bruce now on item #6 if I could please. Have you had discussion with Hubble Engineering regarding that? Freckleton: Yes, we have. I concur with what he has said. We do feel that the easement would be an adequate solution in this case. We have access to both ends of this main, it's fairly deep, it's nine feet deep. At the final .plat stage we do plan on putting some restrictions on that lot so far as what could be improved permanent structures and that sort of thing, so we feel real comfortable with the easement situation. Johnson: Okay thank you Bruce. Did you want to hold yours for later? Borup: No let me maybe ask Mr. Tomlinson first. Item #4 on orientation of lots and arrows indicating -have you got any comment on that? And I bring this up from a comment I heard from someone else previously but maybe a little bit different situation. Tomlinson: I don't, there was one lot on there where it was a corner lot and in this zone we need to have a minimum eighty feet of frontage and this particular one side of this lot was 79 feet so we will have an arrow on there orientating the house to the 80 foot frontage.° Borup: Okay then maybe a question for Bruce. I guess I didn't really understand what you were trying to say there unless it was saying that one of the lots was under 80 feet. Freckleton: That's true Commissioner Borup, in fact Rich pointed that out to me today that I wasn't real specific there. Typically when I do make this comment I do specify a particular lot and I'm not so general, it was for the record lot 17, block. 4, the north Phoenix Avenue frontage was the .short side and so Rich is correct the arrow would r~oint towards Angelica Drive. Borup: If it stays (inaudible) Rich is that the one you were saying was 79? MERIDIAN PLAS~ AND ZONING APRiL 14, 1998 PAGE 66 Tomlinson: Right. Borup: Are these dimensions correct? Tomlinson: Right; what you have there is - Borup: Is that a twenty foot radius there? Tomlinson: That's a twenty foot radius, yes. Borup: And then there's_65 on top of the 20? Tomlinson: Right, well the radius is twenty-five feet, I believe the arc length is twenty-eight feet, .that may not be a ninety. degree angle there. Borup: Well then yeah it looks to me like that far exceeds the 80 feet Tomlinson: No it's typically l think we take half of the arc length -half of the arc length plus the tangent. Borup: Okay that was my next question the definition of frontage on a corner lot. Freckleton: Right, the criteria that the City Engineer has had us going by is'/ arc length plus the tangent length on the side. Borup: Can you explain the rational behind that rather than the back property boundary -- or is there any rational? - And I realize that maybe doesn't necessarily apply to this specific application but it's for my clarification for future and to try to clarify a question I was asked - Freckleton: 1n a lot of cases lots do narrow towards the front, this particular lot does narrow some, the side lot lines aren't parallel with one another so by applying the ordinance the frontage requirements of the ordinance we go by the street frontage. Borup: So you're saying -how about lot 16, right behind it? Rich is that a 28 foot radius? There's no curve date on here but - Tomlinson: I'm going to go - Freckleton: That's your arc length Rich, you take the 71 plus'/ of the 28, the 28 is the arc length so. it would ~~e roughly 14 and 71, you make it on that orie. MERIDIAN PLA~NNI~ AND ZONING • APRIL 14, 1998 PAGE 67 Borup: So you're saying. if that was - if the back of that lot was -well those aren't all right angles - if the back of that lot was a 84 foot lot it would not meet the criteria then? Freckleton: That would be correct if the side lot lines were parallel, if it didn't converge toward the front. Borup: Right, yeah and (realize - I'm not sure if those are. Freckleton: Yeah at the preliminary plat it's hard to tell. Johnson: Yeah maybe we can explore this with the Gity Engineer later. Borup: Yeah 1 would like to because I have some questions on (inaudible) Johnson: We need to move on this application, any more question's of Hubble Engineering's representative? Okay thank you. Anyone like to come forward on this application? Any further comments from anyone? I'll close the public hearing at this time. This preliminary plat does not require Finding of Fact and Conclusions of Law, it requires a recommendation to the City Council. Borup: Chairman, I move that we recommend to City Council approval of this preliminary plat. Nelson; Second. Johnson: We have a motion and a second to recommend approval of the preliminary plat for item #9 the application by Englewood Development Corp. All in favor? Opposed? MOTION CARRIED: All aye. Freckleton: Excuse me Mr. Chairman, the motion didn't include deletion of item #6 site specific. Johnson: It could. Do you want to withdraw your motion? Borup: Yeah !'d like to withdraw my motion. Johnson: Withdraw the motion, we'll start over. Borup: Does that need to state deletion of #6 or stating that there wouldn't be a 20 foot easement cn -did they go the 12 or 13? Johnson: Well you could just make it - MERIDIAN PLA1~lI~T)~ AND ZONING APRIL 14, 1998 PAGE 68 Borup: Or is that pertinent? Johnson: You could make it vague, you could say -considering alternate options for site specific item #6 to be worked out by staff. Borup: Okay. Mr. Chairman, I would move that we recommend City Council approval of this preliminary plat with the clarification on the sewer line between lot 12 and 13 that sewer main easement be worked out between the applicant and staff as far as easement location and specifications. MacCoy: Second. Johnson: We have a motion and a second, any further discussion? All in favor? Opposed? MOTION CARRIED: All aye ITEM #10: PUBLIC HEARING: ANNEXATION AND ZONING OF 2.02 ACRES FOR OLIASON PARK SUBDIVISION NO. 1 BY TONY HICKEY - EAST OF 603 EAST PIINE: Johnson: I'll now open a public hearing and ask that the applicant's representative be sworn and address the Commission. Howard: My name is Jim Howard with J. J. Howard Engineering, address is 1675A Hill Road. Prior: Do you promise, swear or affirm that the testimony you give.at this public hearing wil! be the (End of Tape) Howard: We have brought some visual aids if you would like to look at those we could post .those and discuss this project. Johnson: Whatever you would like to do in your presentation. Howard: The proposed development is just off of Pine Street. It's a twenty lot townhouse subdivision. It's currently zoned agricultural. We are requesting a rezone into the city under an R-15 designation, and from the out set, we contacted the City about the concerns of Idaho Street which is on the south boundary, at that time the City as I recall was - I don't want tomcharacterize it indifferent. They weren't really concerned, or they didn't have an opinion as whether Ida~~o should be extended or not, and I'll let them speak to that. And then we presented a plan based on Idaho not being extended. And with further discussions with Ada County Highway District just recently, they requested or ' ~ (~ ENG1iyF /J\~ F; V~ 9,y < 0 ~ SuRVEj RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 April 28, 1998 208/322-8992 ^ Fax 208/378-0329 ~EI`~' Mayor Robert D. Cowie and City Council Members City of Meridian. 33 E. Idaho Meridian, ID 83642 RE: Englewood Creek Estates No. 2 Dear Mayor and Council: APR 2 8 X98 ~ ~~~~ Attached are ten (10) copies of the revised preliminary plat for the above mentioned subdivision. Below I have addressed the preliminary plat comments prepared by Bruce Freckleton, dated Apri18, 1998. Please call if you have any questions or concerns regarding my responses. GENERAL COMMENTS 1. This condition will be complied with. 2. This condition will be complied with. There are no existing wells and/or septic systems within this development. 3. This condition will be complied with. 4. This condition will be complied with. 5. Attached is a copy of the subdivision evaluation sheet for this subdivision. All street names have been approved except for Cheryl Drive. This street has been renamed Patel Drive. 6. This condition will be complied with. 7. This condition has been complied with. There are no FEMA flood plains that affect the buildable areas of the lots for this subdivision. 8. This condition has been complied with by receipt of this submittal. SITE SPECIFIC COMMENTS 1. This condition will be complied with. 2. This condition will be complied with. 3. This condition will be complied with. The existing Nine Mile Drain right-of--way is contained within Lot 1, Block 4 of the preliminary plat. 4. The layout of this subdivision has been slightly modified so that all lot frontages meet the minimum frontage required by the R-4 Zone. 5. This condition will be complied with. 6. Bruce Freckleton, Public Works Department, and I have agreed to a 20 foot easement for the sewer main on Lot 13, Block 4, as long as the easement is -~ ECENED ~ ~ ~ SUBDIVISION EVALUATION SHEET APR 2 ? 1998 a r ~ 7 R~ ~~ :`'~ ~ ~~r elopment Name ENGLEWOOD CREEK ESTATES NO. 2 City Meridian Date Reviewed 04/23%98 Preliminary Stage XXX Final Engineer/Developer Hubble Engr. / Englewood Creek Development 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. i The following existing street names shall appear on the plat "N. ENGLEIIVOOD WAY" "N. VALAM AVENUE" "N. PHOENIX AVENUE" "N TEN MILE ROAD" I "W ANGELICA DRIVE" is approved and shall appear on the plat. "W PATEC DRIVE" is approved and shall appear on the plat The above street name comments have been read and approved by the following agency representatives, of the'ADA COUNTY STREET NAME COMMITTEE. .ALL of the signatures must be secured by, the representative°or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE GENCY E ESENTATIVES OR DESIGNEES r _ Ada County Engineer l John Priester w Date ~ ~ Ada Planning Assoc. " Ann Hurley - ~`~(V~\ " ` Date City of Meridian ~ Representative Date ' Z~ " Fire DistrictMeridian Representative ~ Date7 -?~~~ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 W 3 Section NUMBERING OF LOTS AND ..BLOCKS /~Gf- ~'-' ~G'Y'~' 23 TR\SUBS\SM CITY.FRM 1 -- ( ~ ~'Y x. . ~ :.. :, , a+;: ~:i'• r ~ ~ 4 SU~BDtVISION EVALUATION SHEET , ~~ ' . ~-. Proposed Development' Name ENGLEWOOD CREEK ESTATES N0. 2 City Meridiar> Date Reviewed ~=~~26/98 Preliminary Stage XXX Final Engineer/Developer u. ~tihlo Fnyr / Engles~~^^~+ rrpo~ Develonmerit • 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~XJ~SlLl,Q G*rPPt name ehall aKnPar nn the 21at "N ENGLEWOOD WAY" "N VALAM AVENUE" "N PHOENIX AVENUE" "N TEN MILE ROAD" • "W A GELICA D V " is approved and shall apr~Par on the plat - -- "W CHERYL DRIVE' was denied 05/29/97 since it is a duplication The subdivision to_ -_- t. --_ . . ~. ~ ~ „ , ~~.;,e fnr the ~alianed street so please chose a name. _ - 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 COMMITTE , A ENCY R SENTATIVES OR DESIGNEES -. `' 3_z~~y~ __ .Ada County Engineer I John Priester bate Date ~ - a b' ~~ Ada Planning Assoc.. Ann Hurley Date 3 ' 30 - P ~ City of Meridian ~ Representative 3-31- ~-~ ~ .~ Fire DistrictNleridian ~ Representative ~ 1~ '~ CAA ~^^---- 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 W 3 Section NUMBERING OF LOTS AND BLOCKS ~ y ~' ~~ , .~~ ~~ TR\SUBSISM CITY.FRM ,a~~ y '~='3, ~. ;, oGf1~ SUSAN S. EASTLAKE, President { GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary ~ Apri123, 1998 TO: Englewood Creek Development Corp. 8589 Brookview Boise ID 83709 FROM: Karen Gallagher, Coordinator ' Planning & Development Divi 'on SUBJECT: Preliminary Plat-Englewood:Creek Estates No. 2/MPP-3-98 Ten Mile Rd. s/o Ustick Rd: On Apri122, 1998, the'Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. I' . _ • _ _ . In order that the Final Plaf-may; be considered by the.District far acceptance, the Developer shall cause the following applicable standard conditions,-to be satisfied~priorto Distrct_certification and endorsement: 'I 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of--way, the following shall be submitted and subject to review and approval by the District: ,, ~ ~ .. a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the; District together with initial payment deposit for inspection and/or testing services. 4 { ,.... ,G c ~ < ~~'Complete all"streetimprovements toahe°satisfaction of-the: District;: or `~ ~" ~ execute Surety Agreement between the..Developer and the District to guarantee the completion of construction of all street improvements. s ,, ada county highway district 318 East 37th • Boise, Idaho 83714-6499 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail; tellusQachd.ada.id.us • , R~~'F~D APR 2 9.1998 t `'~` MERIDIAN 4 ADA OUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat -Englewood Creek Estates No. 2/MPP-3=98 Ten Mile Rd s/o Ustick Rd Englewood Creek Estates No: 2 is a 49-lot residential°subdrvis_ion "on `x5.54=acres. The site is located on the west side of Teri Mile Road;' approximately 1/4 mile soutfi of Ustick Road. This development is estimated to generate 490 additional vehicletrips per day based on the Institute of Transportation Engineers Trip,Generation manual'. Roads impacted by'this development: Ten Mile Road Englewood Way ~ Phoenix Avenue Vaiam Avenue I ACHD Commission Date - Apri122, 1998 - 7:00 p.m. I ~f ~ _ ~' i o j ; 3~Y $ g a I ~' g 3 3$ D f;j[ W dE,p dE- dEy ~ Rc ~ _ ~ o _ ~ ~ 4EXi 4~5 4d8 ~ ~ i ~ ~ ~ ~{ I ~~: ¢ m x 6~si Egg !~~ ~ ~ Y ~~~¢ ~~- ii~ U; o ~ e ~ t`~~ _ #jr o _ z ,I wa 1aa l m I ~4Y On~ ~ ~ f pr C < O rI 0 / ~ ~ LII Zvi< a< I _. o i / JI ~W 1--W ~ 0 ~ OY011 ~~ \ ~ < J fqq 1 /// r a I :I~ ~ \\ Q ~ cs ~ ~I ~ N F-- ~ ~ ~' a Q: e I ~e ~~d ~ ,,. r~ 1 E j e - W } { t $ 1~r Qr ~~ `•, °` COQ ~ ~• UfcnZ_ ~ ~ ~r w ~ I! II ~J~ ~ ~ @ d ~~~ II O47LLI = yq £ ~ s J In a r `6 ~ k / € ~g I ~ r ~ II Z .i = W x r kr~' 1 = //~ I 0= Q~ / ~~ ~ r Oe O" 1. ~. S \ ~ Q r d ~ r ~ _ - ao„ --- ~ '` ~ ?Y ~ -' goo e ~ K \. f ~ ~ ~ r r 6 r k i - '" ~ ~s f ~ i 0 i ~ ~ ~ ~ ~' ~ z ,., O~PI .l •, ~ ~ CFO` ,, ~~ ~ k ~O r ~ ~ 0 ` ~ u~ ~ or u n+ ( ~ >.a r r r ~ i t O o _ I = c. • u `~ pp - kgF~ _ ~ 3tl i ~ !~ ~= of a _ ~Q; s ~ ~ = ox. ~o;..~o r.- f ,.,~~~~~ o r _ ° L - h - _ .W.ft~O f .. V i .~ a. MOIf AlOfflf 7DDIi Y30}Y D 7f Dd0 Yd F .: ~i. ~ ... _ .. __ _ .. ... _ .. - ~ ~ ~ ~ ~, ~~ i - :..: J E p a 3~~ ~ ~~ I I I I ~ I ~~ ~~~iE s 1~ •E~ ~ i ~. f e ~ f f l 14 t I ©a a i~ gf q ~ _ I I I I I I I I i i ~ l 0 7~9Ef ~f~if ~~ ~i ~~ ~!~ ~~ ~~ i. r . . . { Facts and Findings: ~ • • ~ ~ • A. General Information ~ ~ ~~~ -=`~ i~ i • ,Owner -Englewood Creek Development Corp: _,'~ ` ~`' ~° '~ - Applicant -Hubble Engineering- (Richard' Tomlinson) ~ ` R-4 -Existing: zoning ~• • ;; 15.54 Proeosed~ '49 ~ p building lots g - ° ;. '-~~' 2,610 '-Total lineal feet of proposed public streets' ~ ~ "' 260 -Traffic Analysis Zone (TAZ) ~ • West Ada'- ~Impacfi• Fee Benefit Zone `~r. Western Cities;-:Impact•~Fee°Assessment iDistriet ~ ~ ; °~ Ten Mile Road ~ ~ `''~ A ~ ` -Minor arterial with bike lane. designation Traffic count 1,632 on 4-15-94 55-feet of frontage 50-feet existing right-of--way (25-feet from centerline) "~' ` 96-feet'required right-of-way~(48-feet from centerline) _'` s Ten Mile Road is' improved with 28-feet of pavement with no curb, gutter or sidewalk. ••En~lewood Wav fPhoenix Avenue & Valam Avenue ~ - Local streets ~'~~~~~ No traffic count available 50-feet of frontage ` - ~ ' ` 50-feet existing right-of--way (50-feet from centerline) l - 50-feet required right-of--way for their proposed extensions ~ ` Englewood Way, Phoenix Avenue acid Valam `Avenue tare improved with 37-foot street sections with curli, gutter and sidewalk to the site's boundary. B. On Jul 14 1996! the Commission reviewed and a roved the final plat for Englewood _ y PP •`Creek.Estates>No4: 1, a 43-lot residential Subdivision abutting this site's northern boundary. The roads in this subdivision`-have been built. t .,' r ~ ` C: Ong September 24, 1997;- the'Commission reviewed acid approved the preliminary plat for° Dakota Ridge Subdivision, a 90-lot residential subdivision adjacent to this site's western property line. The roads in this subdivision have not been built. i ~ R . ~ x ENGLWOD2.COM Page 2 • ~ • Site Specific Requirements: 1. Dedicate 48-feet ~ of right-of--way •from the centerline' of Ten 1Vlile Road. abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to ' 'issuance of a building permit (or other required permits),` whichever. occurs first: ` The owner will be compensated for any additional right-of-way from available impact fee revenues in this benefit zone: If the owner wishes to be paid for the additional'right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking .ground, in accordance with Section 15 of ACRD Ordinance #188. 2. Utility street cuts in new pavement less than five years old. are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. ~~ . :, 3. Construct an ACRD approved turnaround at the east end of Cheryl Drive and another at the. southern end of Englewood Way. Submit designs of the turnarounds for review and approval by District staff.. 4. Constrict all the streets within the subdivision as 37-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right.-of-way: ~_ , 5. Stub Cheryl Drive to the west of the site located as proposed approximately 90`=feet `south of the north property line (in alignment with an approved stub street in Dakota Ridge :..1 . _ Subdivision): ~ -- ~ - - ~ ,; . 6. Provide a $1,100.00 deposit to the Public Rights-of--Way Trust Fund for-the cost-of constructing a 5=foot wide concrete sidewalk on Ten Mile Road abutting the parcel (approximately 55-feet) prior to issuance of any required permits or District' approval of a final plat, whichever occurs first. 7. Direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 4 .f , z. i. k ~ - ' , s a , b., Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy.. outlined herein shall be made in~ writing to the ACRD Planning and Development°Supervisor.. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or ineauit~. The written request shall be submitted to the District no -later than 9:00 a:m. on the day" scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. . ~~, ~ ENGLWOD2.COM k Pale 4 ~~ ~ • Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent ;,,.agenda,and,report to the Commission regarding the requested modification, variance or waiver:. Those items -:will be acted on by the Commission unless. removed from. the agenda by the Commission. _ ~ . 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall ~ecifically identify each requirement to be reconsidered and include written documentation ,-, of data that was not available to the Commission at the time of its original decision. The "~~ '` request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration.. will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual', ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. i . 5. The applicant shall submit revised plans for staff,approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 1 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County'Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the. applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. i ENGLWOD2.COM Page 5 Conclusion of Law: ~ 1. ACHD requirements are intended to assure that`tfie~proposed use/development will~not place ari undue burden on the existing vehicular and' pedestrian transportation system ;within the vicinity impacted by the proposed development. Should you have any questions or comments; please contact the Planning and Development Division at 387-6170. Submitted bv: ~ Date of Commission Action: Planning and Development Staff Aril 22. 1998 . i a P ; .. , . .. . ~ , - ~, ..,;. .. i .. _ ).. '.9 ~ ~ . r 1 a ~ a I a ENGLWOD2.C0M Pale 6 ~. '~ 1 p 6 ~ ~. t t w ~~4 _ ;~ 2 .. -` ~ r €. ~ F' ~. ws s MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: APRIL 14. 1998 _ APPLICANT: ENGLEWOOD DEVELOPMENT CORP. AGENDA ITEM NUMBER: 9 ` REQUEST: PRELIMINARY PLAT FUtR ENGLEWDOD CREEK ESTATES SUBDIVISION NO. 2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: I CITY PLANNING DIRECTOR: SEE ATTACNEDrCOMMENTS . ,,. CITY ATTORNEY: t CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAi DISTRICT: ADA COUNTY STREET NAME COMMITTEE I CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~ ~~~- ~~ ~ ~" ' ~ 't Att Materials presented at public meetings shah become property of the City of Meridian. :~ l cENTRAI TRAL D_fSTRICT HEALTH"DE TMENT ` .. •• D~STR~CT Environmental Health Division 't'1' H EA LT H ~ ,' ~~ Ret"~ Boise . DEPARTMENT ~~i~ 2 4 ~~~~ ^ Eagle ^ Garden City Rezone # ~ _ y ~~'~ ~fl~~~y Meridian Conditional Use # ^ Kuna relimina /Final /Short Plat +:~t~" y'~~/.Jy~O~ ~ ~1'.~1~ ~~~' ~ 2 ^ ACZ .. ~, F ^ 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 ^ b. 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 ry 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 watero- 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 A Regulations. 4 r ^. 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 y 14. ~ 6,/~l-/~'~Z ~U/9-~-/7-y .5~7~/.1~/T/VE ~~J~ /S ~CDltff/J~Yi Ot`~' Date: J l r ~ l ~l~ ~/Z S%D~2~6//,~i~J2 r2~//J~l i~ ~,k7~~~7J~N"i /~. Reviewed By: m T/~s ,pia- o f :.~~,~-//o~j f-~y~~l s~~~- ~~' ~~w~ . CDHD IDl41 r~, n..,l9, ~ Review: Sheet u t... aa.•a.. ;s ORGANIZED 1904 ~~~ ~~~>~ ~~ yea & ~~i~cid~ac~ ~Ivctgatiaoc ?~~afiuct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2Q~~C~~XX 208-463-0183 25 Mar h,1998 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Phones: Area Code 208 OFFICE: Nampa 466-7861 X~XXXX~X~3tiX SHOP: Nampa 466-0663 xexxx~G~,4~7cx RE: Preliminary Plat for Englewood Creek Estates Subdivision No. 2 Dear Commissioners: The Nampa & Meridian Irrigation District's Ninemile Drain courses along the east boundary ~ of the project. The District's right-of way for the Ninemile Drain is 100 feet; SO feet from the center each way. This is a contract drain with the Bureau of Reclamation, please contact John Caywood for the Bureau's easements. 'See Idaho Code 42-1208--RIGHTS-OF--WAY NOT SUBJECT TO ADVERSE POSSESSION. Tfie 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 I protected. All municipal surface drainage must be retained an 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 Trade available to all developments within the Nampa ~: ~!leridian Irrigation District. Sincerely, ~~~~~ Bill H nson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT ' r -.. s+ ~, ~- BO15 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ,/ • ~. ~& ~ ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 - FAX # 2C~$368Ra6R6(DCX 208-463-0092 Phones: Area Code 208. OFFICE: Nampa 466-7861 xsa~~xxx~~ax 26 March 1998 Richard Tomlinson `~®p~ SHOP: Nampa, ,466-0663 Hubble Engineering Inc. xx~l~cxxXic9c2rac~cx~: 9550•West Bethel Court ~ ~ _ Boise,, ID 83709 ~ ~ , RE: Land`Use Change Application for Englewood Creek Estates Sub. No. 2 a a Dear Mr. Tomlinson: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its.:. review on the above- referenced devehopment. ~ , Shou'id 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 °f or the,~~Irrigation District concerning the installation of the pressure system. - Enclosed is a questionnaire that you must. fill out and return m y order to initiate the~:process of contractual agreements between ,.you and the 'Irrigation District for° the ownership, operation and' maintenance of the pressure urban irrigation system. - If you have any questions concerning this matter please feel free to call on me at `the District's office telephone number listed above, or John Anderson, Water Superintendent; at the District's shop. • Y Sincerely, ,~~ ~. ~~ Donna N. Moore, - - Assistant Secretary/Treasurer _ - - -cc: File ~ ~~ ;:..~-_-:: ._: ~ ~ ;.. . .. _.. Water` Superintendent .. ~ - ~` . ~ Englewood ..Creek Development: Corp. ~ - °~----~-~ ._: - _.- _. City of Meridian - enc. ~~ , ._ • ~ ~ , ~ -- - .~.-. ~~f-_ ~'' .. - ._. - x t4~ .-...-a a y ~•~..-.~, ~i-, ~- ~, APPROXIMATE IRRIGABLE ACRES - ~ ~. ,..... - r-' - RIVER PLO~N RIGHTS - 23,000 _ z ~~ ~ BOISE PROJECT RIGHTS - 40,000 X ~~~~ t- ~BDIVISION EVALUATI~SHEET ~~~ 3 ' i~~~ ~Y ~~ ~~~~d~~~A; Proposed Development Name ENGLEWOOD CREEK ESTATES NO. 2 City Meridian Date Reviewed 03/26/98 Preliminary Stage XXX ~ Final Engineer/Developer Hubble Engr. / Englewood Creek Development The Street name comments listed below are made by'the members of the ADA COUNTY ~- STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street-Name Ordinance. The following existing street names shall appear on the plat. "N. ENGLEWOOD WAY" "N. VALAM AVENUE" "N. PHOENIX AVENUE"~ "N TEN MILE ROAD" "W. ANGELICA DRIVE" is approved and shall appear on the plat. "W. CHERYL DRIVE' was denied 05/29/97 since it is a duplication. The subdivision to the west has not chose a name for the aligned street so please chose a name. w 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 COMIVIITTE , A ENCY R ESENTATIVES OR DESIGNEES Ada County Engineer- John Priester 4 Date 3 ^~~' ~~ Ada Planning Assoc. Ann Hurley Date ~ ' d b ` t8 } City of Meridian Representative ~_ Date 3 ' 30 - g ~ Fire DistrictMeridian 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 W 3 S1enctionl ~i,,l NUMBERING OF LOTS AND 'BLOCKS _~~~ /~OD~D~J ~ ~`-' ~il_Z~O/71S TR\SUBS\SM CITY.FRM • ~,1C~!! MAR 1 9 1~9~ SUPERINTENDENT Dr. Bob L. Haley March 18, 1998 City of Meridian 33 East Idaho Meridian, Idaho 83642 _......: _ ~ ~w, "ARE: rEnglewood Creek Subdivision No._2 _~ Dear Councilmen: I have reviewed the plat for Englewood Creek Subdivision No. 2 and find that it includes approximately 49 homes assuming a median value of $105,000. We also find that this development is located in census tract 103.10 and in the attendance zone for Chaparral Elementary School, Meridian Middle School and Eagle High School. Using the above information we can predict that these homes, when completed, will house 13 elementary aged children, 11 middle school aged children, and 14 senior high aged students. This development will cause additional 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 $10,000 per middle or high school student. Even though, we are in a difficult position and need your help in dealing with the impact of growth on schools, we will approve this subdivision. Sincerely, w~~- ~G~t~"^"J Ji Carberry, // Administrator of Support Programs ~: ,- ,.. r ~. ., ~.. .. , , ,., _, .,.. ,. .. ,.: . ,.. .. 5 y ..... .. i is _. ~ , .. ! :. a ,. , ~, { .. .. 1 ~ :P ~~ ~., vQ. 1...` BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann ,_ .. _. AFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator ,. KENNETH W. BOWERS, Fire Chief W.L:"'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 'HUB OF TREASURE 1/ALL~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208j 887-4813 "' Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 RO$ERT D. CORRIE Mayor COUNCIL MEMBER WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R: BENTLEY I? & Z CQMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your~comments and recommendatons.will be considered by the ~ Meridian Planning ~ Zoning Commi ssion, please submit your comments .and recommendations to Meridian City -Hall, Attn: 1l1/ill Berg, City Clerk 6y: Agril 7, 1998 .TRANSMITTAL y DATE: March 17. 1998- • HEARING DATE: April 14;1998 ~"° REQUEST: Prelimina Plaffor En lewood-Creek Estates Subdivision No. 2' ~;~. BY: Englewood Creek Development Corp ' LOCATION OF PROPERTY OR PROJECT: West of Ten Mile;Road and'/4~ mile South of Ustick Road ~` JIM'JOHNSON, P/Z MERIDIAN SCHOOLYDISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT ~BYRON SMITH, P/Z ADA PLANNING ASSOCIATION -KEITH BORUP; °P/Z CENTRAL DISTRICT HEALTH -ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS'IRRIGATION DISTRICT -CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) KEITH BIRD, C/C GLENN.BENTLEY, C%C U.S. WEST(PRELIM 8~ FINAL PLA INTERMOUNTAIN GAS(PR CIM F AL PLAT) =WATER DEPARTMENT -SEWER DEPARTMENT BUREAU OF RECLAMATI (P E M & FINAL PLAT) IDAHO TRANSPORTATI P RTMENT BUILDING. DEPARTMENT ~ ' FtRE DEPARTMENT POLICE DEPARTMENT YOUR CONCISE REMARKS: ~ ' -CITY ATTORNEY -CITY ENGINEER ~ a ..-CITY PLANNER - , PARKS DEPARTMENT CITY FILES ~ .. 4 MAR 1 8 1998 ~. +~~'~`' ~ E~IDIAN _ _.~-;'B=FI IA WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT,-Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. ~SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G: CROOKSTON, JR:, Attorney k HUB OF TREASURE VALLEY --~- ~A Good Place to Live CITY OF MERIDIAN 33 EAST li'lAHO. MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208)-887-4813 Public WorksBuilding Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & ZCOMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and,recommeridations will be consideredby the Meridian Planning ~ Zoning Commission, please submit your comments and recommendations. to Meridian City Hall, Attr: Will Berg, City Clerk by: April 7, 1998. .TRANSMITTAL DATE: March 17, 1998 HEARING DATE: April 14. 1998 e REQUEST: Preliminary Plat for"Englewood Creek Estates Subdivision No 2 BY: Englewood Creek Develoament Corn LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and'/4 mile South of Ustick. Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z :MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON; P/Z ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P/Z ADA PLANNING ASSOCIATION -KEITH BORUP, P/Z, CENTRAL DISTRICT HEALTH -ROBERT CORRIE, MAYOR NAMPA'MERIDIAN IRRIGATION DISTRICT _RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT. -CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) -KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -WATER DEPARTMENT _ BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) ,-SEWER DEPARTMENT , IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT YOUR CONCISE REMARKS: `~ -POLICE DEPARTMENT -CITY ATTORNEY ~ ..~/~' ,Q i G'~3 iD,v g- / ~pf~,i ,v ~-•t Let`s -CITY ENGINEER -CITY PLANNER f.U% ~. fU~.~r2 © ,(fe~~ L~~~ o.-~ PARKS DEPARTMENT CITY FILES r}~~+ ~- aW~,~ S S~a.e.zrt ill'~-14~ Sa n,r~vr~ - S'f ~+-r- .e ~~~~~ MAR 1 7 1998 CI~'~' Q~' ER,IDIAN u CITY OF MERIDIAN ROBERT D. CORRIE Mayor GARY D. SMITH, P.E. Public Works Director PUBLIC WORKS /BUILDING DEPARTMENT MEMORANDUM: To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer <_'fi~ Re: ENGLEWOOD CREEK SUB. N0.2 by Englewood Creek Development, Corp. (Request for Preliminary Plat Approval) COUNCIL MEMBERS CHARLES M. ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD Apri18, 1998 I have reviewed this submittal and offer ,the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL 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. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high. groundwater elevation, and submit a profile of the subsurface soil conditions . as prepared by a soil scientist with street development plans. 4. - Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. . Make any corrections necessary to conform. 6. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. __ 7. Indicate on the final plat map'any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. g . y 8. Respond in writing, to the each of the comments contained in this memorandum by 5:00 P.M. of the _ Monday prior to the scheduled hearing by the Meridian Planning acid Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerks' Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS 1. Sanitary Sewer service to this site will.be via the existing mains installed in adjacent developments. 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 Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 200 East Carlton, Suite 100 Meridian, Idaho 83642 Phone (208) 887-2211 Fax (208) 887-1297 i Mayor, Council and P&Z~ • April 8, 1998 , Page 2 `~ 2. Water service to this site will be via extensions of existing mains instalied~° 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 ,Works Department. 3. Indicate any existing ditch easements ~ the preliminary plat map, as welt as detail the proposed method of dealing with them: 4. The City of Meridian requires lots to carry the arrow symbol depicting the orientation of the front of house ~ r on lots that have a side(s) that dcai't meet the minimum frontage required by the particular zone, or wheal there is concern with aesthetics. 5. 100 watt-high pressure sodium street lights v~ill be required at locations designated by the Public Works. Department. All street Iights shall be installed, at subdividers expense. Typical Locations are at street intersections and/or fire hydrants. 6. Create 20 foot wide common lot, centered over the proposed sewer main between Lots•12 & I3, Block 4. The lot is to be-owned and maintained by the Homeowners Association with a blanket easement in favor of the City of Meridian for the maintenance of the sewer main. 7. Indicate on the preliminary plat map, the Iocation of the existing pressurized irrigation system pumping facility. Provide the proper easements or dedication to satisfy the Nampa & Meridian Irrigation District. .~ F' Englewood Credo Not. PP F A~A COUNTY HIGHWA~ISTRIT Planning and DevelopmentDivision`° Development Application Report t.~~ Preliminary Plat -Englewood Creek Estates No. 2 ~ _ Tern Mile Rd s/o Ustick Road Englewood Creek Estates No. 2 is a 49-lot residential subdivision on 15.54-acres. The site is located on the west side of Ten Mile Road, approximately 1/4-mile south of Ustick Road. This development is estimated to generate 490 additional avehicle trips_per'day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: ~' Ten Mile Road ,~ >~ Englewood--Way Phoenix Avenue r~~'°~a Valam~ Avenue ~• ~~~ ~-~ 2 ~o~E I ~. S tTE :: ;. III r. ., ~~' , jil ~~~ 'ijil V ,!~!I . ~I~ i;i '~`,~ ~'~!i II ~ `~~'I :~~^ ~` RT ~ '''I , I'i~lf ~, ~ R~ -' R-4 ~~ ~ I ~ ` , __ I n; ,, ~ I i~ ~- ~ !-- -- ! I :~ ~ ~: ;~ ~~ _-~ a I `~ I 1 l I _~ . ~~I' ~ ~~~' h i ~. ~ ~~ ~; , i;-~; ~,~ I ~ , ~~~ '' II I l i '' R 15~; I i I, ~ ~-'--' ~ '~ ~II ;: ~ ~ ~~<< ~~~, Illi j;~ ~ I; ~ ~ - I I .~ i iii ;i---~ ; ,'' _.11_~~I~ ~~ ~~ ,~ I i~_' (I III I 1 I~ ~~"!~ l '-~~3 f ~i. I il~ ~ I r~ /, ~ I I I I~ ;j ~~ ,It~~ ~; ~ , ;~ ~~- f_ < r ~ >= t O r ~ ! z ' r ~ ~ I W r '~ L O_= • • - as \ .~ _ ~ a i Q E ~ . ---~ d4e k \ ° O O 4 ~ C!I o ~x8 Qa f 3 `t Q 1 b r > s O ~ ~ Y \~ ~ Q~ w I V c _ ~ , f M ~ L 1 1 i 0 2 r ~i .. = I - ~u +.. OJT /---- ~. 'ti ~ § _ ~i ~~~ .~ ~~ ~ ~~o R, j ~~ 1 m a 0 0 o ~'o` Y ~o< o ~ ~ _ I ~ a~~ u> ~ t,~l .. e ~ s = 1 O 4 ~ i (I y O~ ! ~ ~ a ~~ s I = E 4 44 -..111 ~ 3+g° `~ ~ 2 ~' ~6F ru k ,p I 4 ~, k ~~O ~ ~I '~ 1 [ 1 i r t it~~} ~ a O% O+. aO = r O ~ z,, I :~tt _ 1 - -~ ,von~o s - - - - ~ n I ! ~ «olt •latntll~yal• rioar ~ a~todoya yyV 1 N yWy I 3 I F 2 ~ 7 N I - ~ ~ 5 o s ! ~ ~ ~ : ~ ~ ~ ~ ~ rig[ ~~~@~ i !'~ ~ ~~ $~ ~ l 5 ~ ~ ~ i ~ R ~ ~ ~ ~ ~ ~ ~ i 6 ~ ~ ~ ~ 6 ~ 5 ~ ~ ~~~ ~~~i~ ~ i~ ~ i~ ;~~ ~~ ~ ct E ~ t I I I 11 I 1` I ~ S~~11; e'~~9 1 ~~ ~~ ~~~ ~~ 5; 1 ~ ~ ~ ~ ~ i i l l l ~ ~~'~~ ~~~~~ ~9 ~~ ~~ @~~ ~~i; ~~ ~r 7r5E# ~. . t t tt ; ~ ~ + r • g r ~'~ df ~~ d[' d(5 _- ~ l~si l~S~ !~: ~~ Sk .I ~' , ~ 1 ~ ~ a ~ ~ '4 d i~;# ~ e ~j wi Mao - ~~ 1 l ~ 5 = ^°- °= o ~~~ ~ z a c=~ fi = ZOO ~e~ ~ ~; ~m< f~ ~ a ce~ cps; aB o~z ~ OrU ~~p Z Z F C < p rj O a < ~ W Z ~ / I I ZN< I _. O 40~ \ / s. I ~ O /- W I I ~ I J •~+ ~ ~I \ t _ ~ ~ ~ ~ ~, ~ acs ~ ~ HNF- ~S C*' r W J s Q~ e~ ~7 O i or r c \ ~ erg= I ,~ YZd a ` ' ~ COQ a $ ~ U Vl2 r ql <_ I I s - ~ _- • • ~_.,, Facts and Findings: A. General Information ; q~~ Owner -Englewood Creek Development Corp. . P -t., Applicant -Hubble Engineering (Richard Tomlimson) ' -. '~~,,, R-4 -Existing zoning 15.54 -Acres 49 -Proposed building lots . ~.. 2,610 -Total lineal feet of proposed public, streets .~ 260 -Traffic Analysis Zone. (TAZ) West Ada -Impact Fee Benefit Zone , Western Cities Impact Fee ~~Assessment District ~: Ten Mile Road ~~ Minor arterial with bike lane, designation Traffic count 1;632 on 4-15 y94 (6,072 on 8-26-97 s/o Fairview Ave)' 55-feet of frontage F. 50-feet existing right-of way (25-feet from centerline) 96-feet required right-of-way (48-feet from centerline) ru~ 3 ' Ten Mile Road- is improved with 28-feet of pavement with no curb, gutter or sidewalk. Englewood Wav. Phoenix .Avenue & Valam Avenue Local streets No traffic count available 50-feet of frontage 50-feet existing right-of--way (50-feet from centerline) 50-feet required right-of--way for their proposed extensions Englewood Way, Phoenix Avenue and Valam Avenue are improved with 37-foot street sections with curb, gutter and sidewalk. .~ B. On July 14, 1996, the Commission reviewed and approved the final plat for Englewood Creek Estates No. 1; a 43-lot residential Subdivision abutting this site's northern boundary. The roads in this subdivision- have been built. C. On September 24, 1997, the Commission reviewed and approved the preliminary plat for Dakota Ridge Subdivision, a 90-lot residential subdivision adjacent to this site's western property line. The roads in this subdivision have not been built. ENGLWOD2.COM Page 2 • D. On April 2, 1997, the Commission reviewed and approved the final plat for The Lake at Cherry Larie No. 5, a 75-lot residential subdivision adjacent'to this site's southern property line. The roads in this subdivision have been built. ' . E. Utility street cuts in new pavement less-than five years old°=~.are not allowed unless approved in writing.by•the District. Contact Construction Services` at 38Z-.6280 (with file numbers) for details. F. The applicant is proposing two turnarounds, one' at` the east end of Cheryl Drive and another- at the southern end of Englewood Way. The turnarounds have aright-of--way radius of 50- .,~ feet. This design meets District policy. G. The applicant is proposing to extend Englewood' Way, Phoenix Avenue, and Valam Avenue into the subject site.These roadways have been .constructed as 37-foot street sections with curb, gutter, and` 5-foot wide concrete sidewalk. within 50-feet of right-of--way. The applicant is proposing to extend the roadways as~37-foot street sections with curb, gutter, and 5-foot wide concrete sidewalk~within'S0-feet of right-of--way. This design meets District policy. . H. ,, The applicant'should be required to construct all the streets within the subdivision as 37-foot street sections with curb,- gutter, and 5-foot wide concrete sidewalk within 50-feet of right-of- , y way. ° ° ,~: ~ I. The applicant is proposing a stub street, Cheryl Drive, to the west of the site to connect with a previously approved stub street in Dakota Ridge Subdivision. Staff supports the location of the stub street. District policy requires the applicant to provide a $1,100.00 deposit to'the Public Rights-of- Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Ten Mile Road abutting the parcel'(approximately 55-feet) prior to issuance of -any required permits or District approval of a final plat, whichever occurs first. K. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for any additional right-of--way from available impact fee revenues. in }this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner ENGLWOD2.COM Page 3 must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. ~x~ __ 2. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 337-b280 (with file numbers) for details . 3. Construct an ACRD approved turnaround at the east:-end of „Cheryl Drive and another at the southern end of Englwood Way. Submit designs of the turnarounds for review and approval by District staff. 4. Extend Englewood Way, Phoenix Avenue, and Valam Avenue as 37-foot street sections with curb, gutter, and 5-foot wide concrete sidewalk within 50-feet of right-of-way. 5 . Construct all the~~~stree'ts, within the subdivision as 37-foot street sections with- curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of--way. 6. Stub Cheryl Drive to the west of^the site located as proposed approximately 90-feet south of the north property line (in alignment with an approved stub street in Dakota Ridge Subdivision):. 7. Provide a~-$1,100.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5=foot wide concrete sidewalk on-Ten Mile Road abutting the parcel (approximately 55-feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. 8. Direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The reauest -~~~~, shall specificall~identif~each requirement to be reconsidered and include a written. .:,-,~,.... .~. .~. exnlanation of why such a requirement would result in a substantial hardship or inequity The written reauest shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACRD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver: Those items will be acted on by the Commission unless removed from the agenda by the Commission. ENGLWOD3.COM Page 4 • • 2.~ After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development :Supervisor within two weeks of the action and shall include a minimum fee of $110.00 Tle request for reconsideration shall specifically identify each requirement to be reconsidered' and include written documentation of data that was not available to the Commission at the time. of its. original decision. The request for reconsideration will be heard by the District `Commission at the next regular meeting of the Commission. If the Commission agrees to're_consider the action, the applicant wilhbe notified of the date and time of the Commission meeting at which the reconsideration will be heard. ~~ ,/~ 3. Payment of applicable road impactfees are required prior to building construction in accordance with Ordinance #188;calso known as Ada County Highway District Road Impact Fee Ordinance. ~ ~ '~- ~. .~ 4. AlI design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC,Standards and approved supplements, Construction Services procedures and a1T apphcable'ACHD Ordinances unless specifically waived herein. w^~A 5. The applicant`shall submit revised plans for staff approval, prior,to issuance of building permit (or.~other required permits), which incorporates any required design changes. 6. Construction,~use and property development shall be in conformance with all applicable requirements ofthe`-Ada County Highway District prior to District approval for~occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in-the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. ENGLWOD2.COM Page 5 ` ~ • Conclusion, of Law': 1. ACRD requirements .are °intended to assure that the proposed use/development will not- place ~~: . an undue burden on the existing vehicular and pedestrian transportation"system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170.. ~" ,a y Submitted bv: z ° Date of Commission Action: Planning and Development Staff ' '~ ~; .''~. '~ 4 <, `• ~ ~~' /'. I . ~.. ENGLWOD2.COM Page 6 APR-13-1998 16 26 RUBBLE ENGINEERING 1 208 378 0329, P.'01i01 `~ E N G I/yF, _ ~`, F9~ NUBBLE ENGINEERING, INC. ~ 9550 Bethel Court ^ Boise, Idaho 83709 20131322-8992 ^ Fax 208!378.0329 ~tia oQy r-- - ------ suR~er April 13, 1998 ~ ~ ~ p `r2 ~v'n--- ^~y~tt t>r11 . 4-f~-~~ ICE APR 1 3 1998 VIA FAX 887-1297 City of Meridian Mr. Bruce Freckleton _ ' 200 E. Carlton Avenue, Suite 100 , Meridian, Idaho 83642 ]tE: Englewood Creek Sub No. 2 Preliminary Plat Comments Dear Bruce: Below I have addressed each of the'preliminary plat comments dated April 8, 1998. Please call if you have any questions or concerns regarding my responses. General Comments: 1.. This condition will be complied with. 2. This•condition has been complied with. There are.no existing domestic wells and/or septic systems within this development. ; - . 3. This condition will be complied with. 4. This condition will be`complied with. 5. This condition will be complied with. 6. This condition will be complied with. ?. This condition will be complied with. There aze no FEMA flood plains that affect the lots of this subdivision. 8. This condition has been complied with by receipt of this letter. Site Specific Comments: 1. This condition will be complied with. 2. This`condition will be complied with~ 3. This condition will be complied with. The existing Nine Mile Drain right-of--way is contained within Lot 1, Bock 4 of the preliminary plat. , 4. This condition will be complied with. 5. This condition`will be complied with. 6. 'This condition will be complied with. 7. This condition will be complied with. Thank you for your time and consideration and please feel free to tali if you have- any questions or concerns, Sincerely, Ric ~azd J. Tomlinson, P.E. Project Manager , TOTAL P. 01 APR 13 '98 T6~23 1 208,378 0329 PAGE. 01 0' ~ ~ i '' OFFICIALS ,F WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STU%1RT, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS. Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W:L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE UALLEY'' A Good Place'to Live CITY OF MERIDIAN 33 EAST'IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 > ~ Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor r COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY PAZ CQMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS`ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendationswill be consideredgby the Meridian Planning ~ Zoning, Commission, please submit your comments°and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 1998 .TRANSMITTAL DATE: .:March 17, 1998 HEARING DATE: April 14, 1998 REQUEST: Preliminary Plat for Englewood- Creek Estates Subdivision No 2 BY: En lewood Creek Develo ment Co LOCATION OF PROPERTY OR PROJECT: West of Ten Mile .Road and'/4 mile South of Ustick Road JIM JOHNSON, P/Z ~ MERIDIAN SCHOOL DISTRICT ` MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P/Z ADA PLANNING ASSOCIATION .. _KEITH BORUP, P2 CENTRAL DISTRICT HEALTH `ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT ~RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT -CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) ----GLENN BENTLEY, C/C INTERMOUNTAIN GASI;PRELIM & FINAL PLAT) -WATER DEPARTMENT _ " '' BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) -SEWER DEPARTMENT- IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT AFIRE DEPARTMENT YOUR CONCISE REMARKS: -POLICE DEPARTMENT _CITYATTORNEY -CITY ENGINEER -CITY PLANNER PARKS DEPARTMENT CITY FILES ,.~ 0 . . M ;!' \,\~ ~NGI~yF~~ ~ • RUBBLE ENGINEERING, INC. ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 9y0 SURVEyO~y March 12, 1998 Honorable Robert D. Cowie, Mayor and Council Members City of Meridian 33 E. Idaho Meridian, ID 83642 RE: Statement of Compliance for Englewood Creek Estates Subdivision No. 2 Dear Mayor"Cowie and Council Members: The preliminary plat of Englewood Creek Estates Subdivision No. 2 has been prepared in conformance with the requirements of the City of Meridian Subdivision Ordinance and with accepted practices and standards of engineering. and surveying. The proposed use is in conformance with the City of Meridian Comprehensive Plan and the current land use zone. The development will comply with. all relevant City Ordinance and requirements in connecting to City Services.. All appropriate easements have ~ been provided: All 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. All street names will not conflict with the city grid system. No variances will be requested with respect to any provision of the ordinance. Traffic impact on the existing adjacent roadways and r intersections. will be minimal as this was addressed in the original preliminary plat approval. Development Features: .r The subdivision will provide 49 single family residential lots: The minimum,lot size is 8,000 square feet and the minium house size is 1,500 square feet (exclusive of garage). There will be two (2) common lots: One for on-site drainage detention and one for the adjacent Nine Mile Drain. Both lots will be owned and maintained by the Homeowner's Association. All improvements will be in accordance with City of Meridian Requirements. Sincerely, . T, Richard J. To nson, P.E. Project Engineer RJS/vw/Englewood2compliance • • Q~JITC~LAIM DEED For Value Received RE~iAB}IAI R. PATEL A!'.D JYOSTNA R. PATEL,. t1USBAND AND RIFE, AND RARSIIAN R. PA£RL AT; RE1t71A R. PATELa HUSBAND ANB NIFE, do hereby convey, release, icmise and forever ry.tit claim unto - _ ENGLENOOD' CREEK DEVEhOP,?~ CORPORATION, an~Idahu Corporation, '8589 Brookviev Dr., Dnise, Ldaho 83709 the following d'csc;ibed premises, to-witr A-tract of land situated in Government Lot 1 of Section 3, Tovrnslup 3_North, It.angc l West, Boise Mt•ridian; Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northeast Corner o..°eaid Seciion 3, e!:cnre along the Northerly line of said Section 3,~aid line-also being the centerline of listick Road Notch 69`-06'-49" Vlest a distance of 285.88 feet to a set steel pin, said pin being the POfN'f OF i3EGINNMG. _._ Thence leaving said northerly line South GO°-24'-24" West a distance of 153.00 fret to r' set steel pin, Thence South 89°-06'-49" East,a distance of 30.12 feet to a set steel pin, _ Thence South OU°-24'-24" West a distance of 127.97 feet to a set steel -pin, ' 'thence South 47°-St'-24" West a distance of 444.20 feet to s set steel pin, Thence South 33'-02'-13" East a distance of 808.00 feet to s point, - Thence South S4°-4T-Sii" East a distancebf 100.00 feet to a point, Tt..nce South 89°-36'-3b" Cast a distance.of 56.00 feet to a point on the easterly line of ' said;Section 3, said line also beir:g the ceisttrline ofTzn Mile f~oad, " ~° "Thence along said easterly line South 00°=24'-24" West a distanc: of 59.17 feet to a point. on the southerly lira of said Lot 1, i hence leaving said easterly line and along said southerly line North 89°-OZ'-00" West a distance of 1320.93 feet to the Southwest Corner of said Lot 1, Thence leaving said southerly line and along the westerly line of said Lot 1' North 00°-26'•04" East a distance of 1367.32 feet to a point on said northerly lino - of Section 3, """``-`~"'""°`-Tht:nce"along'szid northerly line South 89°-06'-49" East a distance of 1034.38 feet'-----°---~•--==_° to the POINT OF BEGINNING. ~saa ra iuy.. .. _ _ _._.. -Excepting existin~`road rights-of-way,__ ,~.. _ "„".-.``._»',,,, ~~__.~__~~,;,-.,,,.d,,,,..•„~,~ ~ S - , ,.• ay a f.....,aa~'•,,~ . , - -- -- - (see attached Exhibit "A"~ ' O J ~ 1 O S 7 = ^j • r. = ro t together with their appurtenances. ' d '. t? ti- .` ti .' , ~eyrr '' M.... • • •f a`'.•`` ,• G ~ Dated: ~ ~- 3 ~ ~ ,~~O r~ ~`' . ~ ,.~.~r her ntt 1 ~ ~~ ~~~ _-- - ; R-PutcL ~ , ,... _ STATE OF IDAHO. COUNTY OF Ada Onthlt Jay o1 October , 19 96 ' berorCmetatnoUry pubho.ln.and for said Slale, pcrsnnally appeared Rewab::at R. Patel, 3yostna R P el, Rasshsa R. Patel and Rc[cha. R. Patel 4nown to mt to be Lie iieas°n 3 who Se mime a were subiedbed to the wlthln I:utre•nmt, and acknowledge to me . that they a"seeuled the same. /0 - '~ ~ ~l Nulary 1'uSlie Resl•!InR ar ~ _ , Idahn 96,`082x320 7 0 n r E i', BrISE 10 _._ _... a~A ~S.`~:%~ ~~.~ 6 '96 GCT// 3 PI'1 ~~ 5 FEE _ 1(~:.0~~E-. / `,~/~W RECOf•.L9 :1 l;t~ Fr E:,T OF L a • ~ "EXHIBIT "A" Further ex n ~ .. _ _ _ ,_, .~ A ttad of land situat~.l in Govcrnrncnt LcK 1 `of Section 3, Township 3 North, Range I West, Boise McricL'an, Ada •~ County, Idaho, described as follows: Fruthc: excepting: °..`; -" ` Commencing at a fcun:'. brass'cap a~.onurc,enling the Souti-cast comer of the Northeast quarter of said Sectren 3; "''~''"' thence along the Easterly ling of said Northeast quarter, said Easterly line also being the centerline of'l'cn Milc i Road, North ('0°24' 24" East a distz^ce of 2695.08 feet to a r"ourrd steel gin nrontunenting the Northeast wrner of r '' sari Section 3; thence Ica~irrg said Easterly line and along dre northerly line of saki t~orllrcast quarter, said '"~NoNrerly tine also being the ccntcriine of Ustick Ri~ad, NorQr 89 >~6' 49" West a distance of 255.76 feet to a point:' thence leaving said Northeily lino South 00°24' 24" West a distance of 25.00 feet to a set steel pin on the Southerly ~ ~ right •,f way of said Ustick Road, said steel pin being Cre Point of Bzgirming. Tlrcncc continuing 5;:ut1r UU° 24' 24" Wcsl a distance of 128AU feel to a set steel pin; Urcnce North 89` U6' 49" West a d+'ztance 30.12 feet to a sleet set pin; Uu~rrce IVbrih' U9°24' 24" East a distance of i 28.00 feet to a act stcel p:n'cn said Southerly right of way of Ustick ` Road; -. .. ~ 1 thence along said Southerly Tighe ofway South 89°Ob' `49" East a distance of 30.32 feet to the POINT OF BEGINNING.. _ , ......._... - Fr:.ther excepting: - _... -... . _ .. _,_ . - - - Beginning at the corner store of the Northeast corner of the Northeast quarter of Section 3, Township 3 North, ., Range 1 West, Boise Meridian; Ada County, Idaho, running thence cnudr on tIre Eas[ line of Said Section 3, 153 fat; thence West~250 feet to the Reza Point of Beginning. Thrnce, continuing W~ 5.75 feet to lire otalrc~t conr~ of that parcel of land dessibod io iastrtarrcut No.9407G435, rrxords of Ada Count}, Ida'--o> thc~noe, Nonlr ;,n ~1:e East line of said parcel, i 53 feet to the Nonh tine of s~tion 3; Qraree' F.asi ar s-ud Section line x.75 fed; thence South ; 53 fcet to ti•~e Pourt of Beginning, F Thc IanP~= of this ingrtrt::rsrt is to ~rvey a 5.75 foot srig of ]and ecrnnoously omi~exi lren;tofon;.. Fruther excepting: A Uact of Lard situat•~ in Govirrmcnt Cnt ! of Satwn 3, Tvvnfiip 3 North, Range i West, Boise, Mcridi;ur, Ada C^~arly, lc>ilro, - _ . dcs,°ribed'as follows, i r ._ - - . i i , 'I o ,. - arang at a frnrmd brass cap monumenting the ;artlreast tourer of the Northeast quarter of Said Sedien 3, thence along the yw~,w,•t•,~,. i Fasit;rly lure of said N quarter, said Eastealy line also _ being the cartra9urc of T'cn Mile Road., North 00 °24' 24" Fast, a distance of 2695.08 feet to a fo•.md~steet Pur monwrx3rting the Northeast oortrer of said Boonton 3, thrirce leaving :yid Easterly lint-and along Urc No_nherly line of a said Northeast quarter, said Northerly lire atso•being the cuucaiuie of Usti~c Rrx:d, Nvrth 89 °UG 49" West; a distance of 1230.93 Cect to a pirirrt; Urrnce Irving said i:ort:rcdy line. .:.,~....,,,.F.,s~,;,-.~....~,y...:....,....~.,. South UU °26' 00" West, a distance of L•5.00 fax hi a set steel .~ pin bang the POINT OF BF.GIIvNIlVG; thence corrtiruing Sorair 00 °26' 00` West, a distance of 109.66 foci to a stod gur . lhtncc; Suuth U2°34'51" East, a distance of 23.03 feet to a sd suet pur, ,.,R,,,r ,1otli 89 ` f l'00" West a diuancc`of 90.63 fcxt to a act steel put, 1!»rncc; Nosh 0U °25'57" East, a distance cf 132.76'fort to s s,x steel pin, 't}t.-rx `South 89 °0649" East, a ~listaaec of 8S.42 fat to the POINT OF _ ,, BEGTMIIVING . ,.~, . ~. _ f _, ~~~ -rN\ • . ~e ~i HUBBL~ENGINEERING, INC. • 9550 Bethel Court ^ bBoise, Idaho 83709 ~. ~' ~ ~ '? {' ~ ~ 3~ 2081322-8992 ^ fax'20&1378-03; - - ::r~s~ Project No. 9802200 ~ ~ ~ ~ March 10,.1998 ENGLEWOOD CREEK ESTATES SUBDIVISION N0.2 _ A parcel of land located in Government- Lot 1 of Section 3, T.3N., R.1 W., B.M., Ada County, .Idaho, more particularly described as follows: Commencing at the corner common to Sections 34 and 35, T.4N., R.1 W., and Section 2 and tte said Section°3, from which""the _,, ., 1/4 comer common to said Sections 34 and 3. bears North. 89°06'49" West, 2640.70 feet; thence North 89°06'49" West, 1320.27 feet to the northwest corner of saidGovernment Lot 1; thence along the West boundary of said Govemment Lot 1 and the West boundary of Englewood Creekfstates Subdivision No. 1, as some is recorded-in Book 73 of-Plats at Page-7488, records of Ada County, Idaho, South 00°26'04" West, 817.79 feet to the southwest corner of Lot 9, Block 1 of said- Englewood Creek Estates Subdivision No. 1, said point being the REAL POINT OF BEGINNING. Thence along.: the southerly boundary of said Englewood Creek Estates Subdivision No. 1 South 89 ° 11'00" East, 95.93 feet to a point; thence-North 53°59'09" East, ;62.16 feet to a point; thence North 89°29'33" East, 168.91 feet to a point; thence North 75°34'00" East, 80.45 feet to a point; thence North 62°38'00"East, 164.88 feet to a point; thence South 88°01'53" East, 60.65 feet to a point; thence North 56°21'24" East, 166.63 feet to the mosf westerly corner of Lot 10, Block 1 of Firelight Estates, as same is recorded in Book 72 of Plats at Page 7399, records of Ada County, Idaho; thence along the southwesterly boundary of said Firelight.Estates South 33°02'43" East, 808.08 feet (record South 33°02'23" East, 808.15 feet) to a point; thence South 54°48'16" East, 99.90 feet to a point; :thence South 89°35'46" East, 55.90 feet to a point on the East boundary of ..said Section 3; Page 1 of 2 ., +~ ~ - ~ • thence along said boundary,South 00°24'_34' West, 59.18~feet to the southeast corner of said Govemment Lot 1, ~; ~ ~-: ,7~ ~ , _ thence along the South boundary of said Govemment Lot 1 and the' North boundary of The Lake at Cherry LaneNo 5 Subdivision, assame is recorded in Book 75 at Page 7700, records of Ada County; Idaho;. North 89°01'28" West, 1320.89 feet (record North 89°02'00" West, 1.321.04 feet) to the southwest corner of said Govemment Lot 1; thence North 00°26'04" East; 549.29 feet to the Point of Beginning. Containing 15.54 acres, more.. or less. - Prepared by: '~ ---_ ~ RUBBLE ENGINEERING, INC. b p~S ~ - ~b ~O ~; - ~ 3'!0'98 - - ~4 ~O r - ..-.. - .. _.. _ . O ~ OF ~~p - . . DTP/vw/Englewood2 D. Terry Peugh, P.L.S. ,. ~ ~ `S - p ~. .REQUEST.-F4R SUBDIVISION APPROVAL ,, , ~• .._ ,A ~ ~.,.; ~ PRELIMINARY~PLAT AND/OR`~FINAL PLAT ~_ ~ - a " ~- ~~ - ~ ,PLANNING AND ZONING :COMMISSION ~~ _~. TIME TABLE FOR SUBMISSION: r .a-,~ ~. m A request for preliminary plat approval must be in the City}Clerk's`possession nog later than three days following the regular meeting of the Planning & Zoning Commission. §, ., The Planning and Zoning Commission will hear the request at the monthly'meeting following the month that the request-was made. ~" ,. } After a proposal enters the process it may be acted upon at subsequent"monthly meetings provided the necessary procedures and documentation are received before SOO P. M., Thursday following the Planning and Zoning Commission action. ' GENERAL INFORMATION- 1. ..Name ofAnnexation'andSubdivision:Englewood Creek' Estates Subdivision No. 2 2. General Location: West of Ten Mile Ro ad and '1/4 mile South. of 'tlsti ck Road 3. Owners of Record: Engl ewood Creek Dev el onment Cori. Address: 8589 Brookview Boise, Id ,Zip 83709 Telephone 336-0077 4. ~ Applicant: SAME ` Address: ,Zip' Telephone 5. Engineer: Richard Tomlinson Firm: Hubble Engi neeri ng Inc. ~6. Name and address to receive City billings- Name:. Engi ewood Creek Devel oPment Corp. Address 8589 Brookview Boise, Id 83709 Telephone 336-0077 y x % PRELIMINARY PLAT CHECKLIST: Subdivision Features, ~ ~ a 1. Acres: 15.54 2. Number of building lots: 49 3. Number of other lots: 51 A 4. .;Gross density per acre: 3.15 `~~ 5. Net density per acre: 3.15 •,~t 6. Zoning Classification(s):. R-4 7... If the proposed subdivision is outside-the Meridian City Limits but within the jurisdictional mile, what is the`existing zoning classification? N/A 8. .Does the plat border a potential green belt? Yes , 9. .Have recreational easements been provided for? Nb R` ' `~ 10. Are there` proposed recreational amenities to the City? ' No ~ . Explain . \1 z. 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I~ ~ u ova ~ ~? ro ~,3 ro Q ~3 ~ ~ ~3 ro ~ 3 3 a~. =1' ~ •~~ ~ N r 3 ~ r+ I N ~.~ ~ , Cj I ~ CO ~ ro d1 r-I M •ri •rl M O ~ o~ , ~ H ro O ~ r d . r- Z .>_ '.. ~ } pp CO --1 O CO Q1 00 1 • R3 --I cLI H . ~ M V ~ C'3N r Cf~M R' N IN ~ - GaM ~ ~ M W G1i ~ M M ~ '"~ M ~ M ~ O~ f ~ N ~ ~ F°- ~ ~ ., i- ? t. (' ~ .~ ~ €.. to ~ ._~ ~ ~ rrq ~J~ .~ Q ~ ~ ~+/ ~ 1 0 ^ ~ Z V ~' ,. ~ • _~` ~ ,+. 4 ~^ f/ ~ . V [ ~ 7- ~ Yom, ~ r. ` 7 ~ ~ M r 1 °/we ~ •a L N •.~ . 4 ~ •~ :. 4 ~ E ~, `'~ ~ CN ~Od~ C • ~\ tiv , • ~ _ _ ` # ~T T T FJ ZaO J ~ i T' T T: I!~W ^•alge~uno~~d ao~ E' . u NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant,to the Ordinances of the City of Meridian and the Laws of the State of Idaho, Ghat the City Council of the City. of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the - hour of 7:30 p.m., on May 5, 1998, for the: purpose of reviewing ~"'and considering the application of Englewood Creek• Development Corp. for a preliminary -plat of approxii~nately 15.54` acres of land located in Government Lot 1 of Section .3, T.3N., R1 W., Boise Meridian, Ada County, Idaho, and which property is generally bcated at west of Ten Mile Road and'/4 mile south of Ustick Road. Further, applicant requests Preliminary Plat approval of the parcel of land above described for 49 single family dwellinglots for Englewood Creek Estates Subdivision No. 2. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street,`° and is available for inspection during regular business hours. A copy of the Application is available- upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 15t'' day of April, 1998. ` ~V WILLIAM G. BERG, JR., CI ERFt~" =~ - ~ PUBLISH April 17 and May 1, 1998. ~'~ .~ ~ ti -~ ,. O ~I ~il q ~~ f _; ~ ;~' . , ~,~ RT ~' '~ r ~ a~ ~ R^4 ~ , us~~. Roams o: i ~' Sire R-4 R1 ~ ~~- - ~~ ~~ ~~ ~J ~ ~ ~f ~: ,~ ~~ 1 R-4 ~~ • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the taws of the State of Idaho, that he Planning and Zoning Commission of the. City of Meridian will hold, a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on~April 1~4, 1998, for the purpose of reviewing and considering the application. of Englewood Creek Development Corp. #or a preliminary plat of approximately 15.54 acres of land located in Government Lot 1 of Section 3, T.3N., R1 W., Boise Meridian, Ada County, Idaho, and which property is generally located at west of Ten-Mile Road and % mite south of Ustick Road. Further, applicant requests Preliminary Plat approval of the parcel of land above described for- 49 single family dwelling lots for Englewood Creek Estates Subdivision No. 2. A more particular legal description of the above property is on fife in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 17th of March, 1998. PUBLISH March 27 and April 10, 1998. z ~jr+'~ JJJJJlJtilf iiltll~ --t I I I I I 1 i fq~~ ~~~ ~~ ~~ i ~~ KR x~. 1 ~ i l l i i l ~ ~ .,) n ~ ~ ~~ , N ~ ,.. a ~.. ~ H ~ ~ 1 ' [) PRO-OfCO p e s AKOTA RI06[ fY3DIV SIOM 2 ~R ~~ f • R " ~~_ i..~ u+~ -,~ f tY S ~ s f ~ ~ ~ j ~9 qq~~'} ~' i ~' \~{+ p ar r~s 4 a' r L• wJ ~~ ~ fy ~L ,~j r ` 8 - ~-~ a y + ~. ~ ~. rO , O :0 s ~ r ~ I n> e.. 1 t _.. .. • n .a ~z~ ~ l r I s Y ur n ~~ ~p ~rO TO~ X•~ X r ~R v a ~_ ~ 4~-f a~ °~ ~ QJ ICI Ar \ y JJ\ I x~ ~ A ._. .$.~ a' o IdiQ r ~~ C ~ S j-O j O _g~ I p ~.. ~ ~ s 'n I ( r r o ~ ~ I - ' - ~. r : ~ ga .' ~ '~ a ~~ e 81~ x' ~ a , : , - s ~, A - i \ ~ w _.. ~s°v ZN_ ^~ C GY •: ~Z s^ cO ~,. ~N~ ~ o ~. ~ ~ \'~\ °~ ry ~ O O O' DNZ = n >;u~ nfwO ~Z2 2' O ~~~ ~ ~ O 2 m ~ O ; ~ z -~ p~~ O Rf n r 0... f ... "~ ,.... : - f ~ ~JJ' yd r __~ ~ r O r 7~'~ x ~~ t `O ;/ - a~ x Y Q f ~~. k~ z .~ ~ ~ ~ a - 3 _ j s ,. i ~ s / ;.._ , ~O it ! k "e t :.' r ~ p d /~ -~w r P r M0, ../ y .. .. ~ e. ~ ._. -xs ,,~ ,. _. z ~EE ..._ S / _ ~. p. ..w. « . r ,... o ... .._ ... .. ~, ... ~° -• ROIM 101 rIL m $^ R - ~ ~ s ~~7 a 4 ~ ~~P -7P ~/:iP Y ~ Z assi j $ d ~ $.,' ~t r ~4 . 11 ~o OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI •L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ HUB OF TREASURE VALLEY ~ouNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 MALCOLM MACCOY Legal Department (208) 884-4252 KEITH BORUP MARK NELSON ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE `CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hal{, Attn: Will Berg, City Clerk by: April 7, 1998 .TRANSMITTAL DATE:_ March 17. 1998 HEARING DATE: April 14. 1998 REQUEST: Preliminary Plat for En lewood Creek Estates Subdivision No. 2 BY:_ Englewood Creek Development Corp. LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and'/4 mile South of Ustick Road JIM JOHNSON, PJZ MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P2 KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARL{E ROUNTREE, C/C KEITH BIRD, C/C ^GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT iFIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY iCITY ENGINEER CITY PLANNER PARKS DEPARTMENT 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 PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: ** TX CONFIRMA~ REPORT ** AS OF MAR 1? '9~'10~57 PRGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 32 0311? 10 56 206 888 1097 MODE MINiSEC PGS CMD#t STATUS EC--S 80'34" 001 178 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,. Idaho, at the hour of 7:00 p.m., on April 14, 1998, for the purpose of reviewing and considering the application of Englewood Creek Development Corp. for a preliminary plat of approximately 15.54 acres of land located in Government Lot 1 of Section 3, T.3N., R1 W., Boise Meridian, Ada County, Idaho, and which property is generally located at west of Ten Mile Road and % mil® south of Ustick Road. Further, applicant requests Preliminary Plat approval of the parcel of land above described for 49 single family dwelling lots for Englewood Creek Estates Subdivision No. 2. A more particular legal description of the above property is on file in "the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 17th of March, 1998. PUBLISH March 27 and April 10, 1998. G. BERG, JR~~`~'~~~,.~' . ~, ~, c o~ o - ~Y.+ ~ c$g .%'~~TtsK•~ d~ .q WP y r.. ~ f,.,_M~ x ~r ``, ' REQUEST FOR SUBDIVISION APPROVAL ,,; . 2 ; ~ PRELIMINARY PLAT AND%OR{FINAL PLAT b './;i ~ • n _ ,. PLANNING AND~ZONING~COMIVIISSION TIME TABLE FOR SUBMISSION: i~ A request. for preliminary plat approval must tie in the City Clerk's possession no later than three days following the regular meeting of the'Plannuig & Zoning Commission, The Planning .and Zoning Commission will hear -the, request at the monthly meeting following the month'that-the request-was made. After'aproposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation aze received before 5:00 P. M., Thursday following the Plariring and Zoning'Co-mmission action. GENERAL INFORMATION n 1. Name ofAnnexationandSubdivision:Englewood Creek_Estates Subdivision No. 2 2. General Location:_West' of Ten Mi 1 e Road and 1/4 mile So nth of irk Rnari 3. Owners of Record_Engl_ewood Creek Dev lonment-Corp. - - _ . Address: 8589 Brookvi ew Boise Id ,Zip 83709 Telephone 336-0077 4. Applicant: SAME . Address: ,Zip Telephone- s e 5. Engineer: Richard Tomlinson ~ Firm:_ Hubble Engineering -Inc 6. Name and address to receive City billings- Name:_ Engl ewood Creek Development Corp. Address 8589 Brookvi ew Boise, Id 83709 Telephone 336-0077 e a , PRELIMINARY PLAT CHECKLIST: Subdivision Feafur`es • 1. Acres: 15.54 ~ ~ A 2. Number of building lot's: 49 ,3. Number ofother lots: 51 4. Gross density per acre: 3.15 k 5. Net density.per acre: 3.15 6. Zoning Classification(s): R-4 ~ { 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the plat border a potential green belt? Yes 9. Have recreational easements been provided for? N o 10. Are there proposed recreational amenities to the City? No' Explain ,~ r ^, r k ' ~, ' ~ • 11`. Are there proposed dedications of common areas? Yes Explain One Nampa & Meri di an Irrigation District Drain'Lot & One Common.Drainage Detention Lot For future parks? No Explain 12. What school(s) service the area? Meridian School District Do you propose any agreements for future school sites? No `~ "Explain 13. Are there any other proposed amenities to the City? No Explain 14. Type of Building (Residential, Commercial, Industrial or combination): Residential 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): S i nq 1 e Fami 1 v 16. Proposed Development features: a. Minimum square footage of lot(s): 8000 Square Feet b. Minimum square footage of structure(s): 1500 Square Feet c: Are garages provided for? Yes Square footage: 400 Square F t . Min . d. Has landscaping been provided for? Yes Describe: T h e drainage lot w i 11 b e grassed. e. Will trees be provided for? No Will trees be maintained? f. Are sprinkler systems provided for? Yes g. Are there multiple units? No Type: N/A Remarks: h. Are there special set back requirements? No Explain: N/A i. Has off street parking been provided for? Yes Explain: Driveways and garages j. Value range of property: $105 , 000 + k. Type of financing for development:` Private 1. «: Were protective. covenants submitted? Yes Date: 3 / 12 / 98 17. Does the proposal land~lock other property? No Does it create Enclaves? No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada ,County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE-APPLICATION MEETING 'The developer shall meet with tree Administrator prior to the submission of the ,Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize'the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed 2 Y~ ~_ 0 u N ~ n r m J L ~ •~ C' u g °s w J ~ ~ O N m 4 '~~ ~ R y 4 m ~ U A U O ~ b U 0 J N m~ W 7 y A ~ N U .. ~ N V~ P b G + / \ I ~~ r: ~~JITt~LAIM DEED For Velue ttecetved 1tEt+ABtiAI R. PATEL AI?D JYOSTNA R. PATEL, iIUSBAND AND tiIFE, AND RARSI3AN R. PA?FL A?: RF.tQtA R. PATEL, IIUSBAND ANB aIFE, c'.o hereby convey, release, icm(se and~(orever lt.fit cl:.iln unto El2CLEWOOD CREER,.DEVEIAPt~NT CORPORATION, an Idahu Corporation, 85$9 Brookvicv Dr., Braise. Idaho 83709 ` the (ollowingdesc~ibed premises, to-wits A t, act oflarid situated in Government Lot 1 of Section 3, Township 3_North, Range 1 West, fioise Ivicridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northeast Corner ofsaid - Section 3,.Chcnce along the Northerly line of said Section 3,~Caid line also being the centerline of Uslick Road North 89`-06'-49" West a distance of 285.88 feet to a set steel pin, said pin being the i'OCN'f OF BEGINNMG. _. _- Thence leaving said northerly line South GO°-24'-24" West a distance of 153.00 feet to a set steel pin; Thence South 89°-06'-49" East a distance of 30,12 feet to a set steel pin, _ 'thence South OU°-24'-24" West a distance of 127,97 feet to a sit steel pin, 'thence South 47°=55'-24" West a distance of 444.20 feet to a set steel pin, Thence South 33'-02'-13" East a distance of 808.00 feet to a point, Thence South S4°-47'-5 i3" East a distance of 100.00 feet to a point, Tl..nce South 89°-36`-36" mast a distance of 56,00 feet to a point on the easterly linty of said Section 3, said line also beir:g the centerline of Ten Mile Road, Thence along said easterly line South 00°-24'-24" West a distance: of 59.17 feet to a point ~ ~ on the southerly ling of said Lot 1, i hence leaving said easterly line and along said southerly line North 89°-02'-00" West a distance of 1320,93 feet to the Southwest Corner of said Lot 1, Thence leaving said soutnedy lint; and along the westerly line of said Lot 1 North 00°-26'-04" East s distance of 1367.32 feet to s point~on said northerly lino of Section 3, n"`'""'°''° Tht;nce along slid northerly line South 89°-06'-49" East a distance of 1034.38 feet-~~- .,~~.:°~- •--- ~' to the POINT OF BEGINNING. Excepting exfsting•"road nghfs-of-way.-- ,'~,~..~~ ~ ''y,,~,, ,~ys,.....,,ae~ •.. ',`':~c o~~~,,c --- ..-- (see attached Exhibit "A") = 0; or ~ -i =rot: :.+: r ~ Y 'J'II together with their appurtenances. ~ y '^~ ~'~•_ ~~ ••,~f0~•HY..•~• ~,.,. Dated:` ~ d '" 3 ~~~ _ ,'',a~~afa..i^n~ ~ar^~r~ i ? ~~~e-- SG,r~-- 1!•P~r,« vc R-PuteL SLATE OF IDAIIO, COUN7'1' OF Ada Onthls day or October ,19 96 Ix(m~ met ~y notary pubtf~ rn_ ^nd ror said Slate, personally appeared Rewab~a R. Patel, Tyostna R: Patel,° Rarsbsn R. Patel and Rekha R. Panel known to me to be t.re person 3 who S0 name a Were subscribed to the wlthfn fsstmmmt, and ^eknowledge to me that theyr e:eeutedthesame. Notary 1'u~lie 8abt{ng ^t , IrSeho 96082'320 ~it;f_° C t'h a` 7 0 ~. aa':1D l;avaF;l;~ ___~~._.... ar1sE Io __..._.._..._,. '9~ OCr/ ~~PI'I ~~ S ~~ FEE _-lw_.. ~E-. / ~,~/ I NECOELc9 a 1:fE fit. E3T OF «a~ c. ~ ~- ~ • ~ EXHIBIT "A" Further excepting: ,.:~.~..~;~.~K~ ,h:. -..~ . , : r _ :, -< <-: ~ "`A trsct of IanJ situatNl in Govrrnrncnt Lot ! of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: ,..:; -; _.::.,~ .,,;;..~x „~ ..- Ftrriltc: excepting: Commencing at a loon:: brass cap'tnonur,~crrting the SouUt;;ast corner of the Nor'~Itcast quarter of said Se~.ticn 3; "~"~'~'~''"' "thence along the Easterly ling of said Northeast quarter, said Easterly line also bung the centerline of't'en Mile Road, North ('0°24'24" East a ~list2^ce of 2695.08 feet to a i"ourid steel pin n:onumenting the Northeast wmer of said S;cfion 3; Qrcnce Ica~irrg said >;:,sterly line and along the nrrtherly line of said Northeast quarter, said Nortltcrly line also being the centerline of Ustick Road, NottIt 89 06' 49" West a distance of 2SS.76 feet to'a point:" thence leaving said Northerly line South 00°24' 24" West a distance of 25.Q0 Feet to a set steel pin on the Southerly _ right ~rf way of said Uslick Road, said stcc:l pin being t;rc Point of Beguming. i " Tlrencc contint:ing Sc;utlt UU° 24' 24" West a distance of 12$AU feel to a set steel pin; f Urence North 89` U6' 49" West a d+stanco 30. I2 feet{lo a steel set pin; Uu7tcc North U9°24' 24" East a dislancc of 128.00 feet to a set steel pin cn said Southc.*Iy right of way of Ustick , ~ . _ . Road: thence along said Southerly riglte of way South 89°06' 49" East a distance of 30.32 feet to the POINT OF = BEGINNING. _ s -, -.... FL:therexcepting: _ _.. ....~ .._. . _. __-. - - ~._..-_ ... _ -_..._ _ 1 Beginning at the comer store of the Northeast comer of the Northeast quarter of Section 3, Township 3 North, Ra.-rge t West, Boise Meridian;' Ada County, Idaho, running thence Louth or, the East Line of Said Section 3, 153 feet; thence West 2.50 feet to the Real Point of Beginning. Thrnce, continuing Wit 5.75 feet to t'src $a~hc~t conn~ of that parcel of land ciesai'bed at instnuncnt No.94U7fi43S, rrcore>s of Ada Count;, idalro; thence, North :at fltc East line of said pairel, i 53 feet to the North line of section 3; lh~tee Fast ar stid Sedicn line 5.75 fed; thence Sovth ; 53 feet to the Poatt of Beginning. The purposr; of Ibis ol~rtm:rs-t is to xxtvcy a 5.75 foot s tip of land enonc~usty ontiUal heretofore. Further excepting: A tract of land situat•xi in Govcc:uncnt Lot 1 of Sc;ctiun 3, Tawn~tip 3 North, Range I West, Boise, Mcridi,ut, Ada"C:xady, Ic)<.Iro, dcs~ibed as follows; - - CommQ:cing at a fcamd brass cap montmtartirrg the ;attlteast comer f . of the Northeast i quarter of Said Section 3,_ thence along the . ,,.,~„,,,,~, - ~ Eastcrty lure of said Ncrthc~ quarter, said Easterly lace also ~~ ` ry bang the antcriive of T'en Mile Road, Narh 00 °24' 24" East, a distance of 2695.08 feet to a fo-.md steel . pot monumc3rting the Northeast comer of said Soaron 3, tfiatce leaving :yid Easterly line and alarg Ute Na=tlxxiy Line of said Northeast quarter, said Northerly li^e also being -the a~rtcrtote of Uslic~c Rcx:d, Nutth 89 °W' X19" West; a distance of 1230.93 fed to a point; thrnoe lestving slid?:ort:-cdy line. South UO °26' 00" West, a distance of 65.00 fed to a sd steel ~ ,_ ,,.. -,. .,~:.,,~.~.~,~F.n,~..;....~,.,,,,..,~.,>:._.. pin being tltr POINT OF BEGIIv'NWG; thence corttirtuing Sot>lir 00 °26' 00` Wc~t, a distance of (09.66 fod to a siod pin ~tburoc; . SutIlh U2 °34'51" East, a ;Iistancc of 23.03 feet to a set steel pin, ~~ ~,, ,Jo:itr 89 ° 11'00" West, a distance of 90.63 fed to a set steel par, - thrncc; North 00 °2S'S7" East, a distar-oc cf 132.76 foot to s sd sioa pin, Qrczra; Sotnlt 89 °06'49" East, a distance of 85.42 fed to the POINT OF RF~~t~fnrrnr(: . ,.iy--..i . ~ ... t~ 4• G NF 9tio suRVEv°P March 10, 1998 Project No. 9802200 ENGLEWOOD CREEK ESTATES SUBDIVISION NO. 2 A parcel of land located in Government Lot 1 of Section 3, T.3N., R.1 W., B.M., Ada .County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 34 and 35, T.4N., R.1 W., and Section 2 and the said Section 3, from which the 1/4 comer common to said Sections 34 and 3 bears North 89°06'49" West, 2640.70 feet; thence North 89°06'49" West, 1320.27 feet to the northwest comer of said Government Lot 1; thence along the West boundary of,said Government Lot 1 and the West boundary of Englewood Creek Estates Subdivision No. 1, as some is recorded in Book 73 of Plats at Page 7488, records of Ada~County, Idaho, South 00°26'04" West, 817.79 feet to the southwest corner of tot 9, Block 1 of said .Englewood Creek Estates Subdivision No. 1, said'point being the REAL POINT OF BEGINNING. Thence along the southerly boundary of said Englewood Creek Estates Subdivision No. 1 South 89 ° 11'00" East, 95.93 feet to a point; t •- s NUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 thence North 53°59'09" East, 62.16 feet to a point; - thence North 89°29'33" East, 168.91 feet to a point; thence North 75°34'00" East, 80.45 feet to a point; thence North 62°38'00" East, 164.88 feet to,a point; thence South 88°01'53" East, 60.65 feet to a point; thence North 56°21'24" East, 166.63 feet to the most westerly. corner of Lot 10, Block 1 of Firelight Estates, as same is recorded in Book 72 of Plats at Page 7399, records of Ada County, Idaho; thence along the southwesterly boundary of said Firelight Estates South 33°02'43" East, 808.08 feet (record South 33°02'23" East, 808.15 feet) to a point; thence South 54°48'16" East, 99.90 feet to a point; thence South 89°35'46" East, 55.90 feet to a point on the East boundary of said Section 3; s ~u 'x~~. ~.. ice: 1 .,h: 2081322-8992 ^ Fax 208137&0329 ~.1 fk. .i Y Page 1 of 2 ~~ ., - - - . .. - - ~ s ~. R , .aa,. .. ~ \ ~ .., ~ ' .. .} ~ C~ .. . _ ~ ~1a~ thence along said boundary South X00°24'34' West, 59.18 feet to the southeast .corner of said, Govemmert Lot ,1, _ _ ,. thence along the South boundary of said`Govemment Lot 1 and the North boundary of The Lake at Cherry Lane No. 5 .Subdivision, as same is recorded in Book 75 at Page 7700,- records of Ada County; Idaho; North 89°01'28" West, 1320.89 feet (record North 89°02'00" West, 1321.04 feet) to the'southwest corner of said Government Lot 1; thence North 00°26'04" East, 549.29 feet to the Point of Beginning. Containing 15.54 acres, more or less. Prepared by: --`_ NUBBLE ENGINEERING, INC. _- . Fi _.. DTP/vw/Englewood2 ~. D. Terry Peugh, P.L.S. Page 2 of 2 - ~'' Customer's _ ~ _ L-~ Order No. ~ Date ~ f„ ~ •~: Name ~~ - ~~~~~ F~ L~2~ t..; ~~~ '~ Uf;'~ '~~~ ~~~~~~ ~ ~ ~f ~~ Address ~ J %~i t~ UIC W. ~~ • ~ J~ ~~ • - Phone: ~ ~ ~ - ~ ~ (~~ SOLD BY ~ 1 CHARGE ON ACCT. MDSE. RETD. PAID OUT CASH -C.O.D. ~ ~ ~ ~ ~ tC~'~i~ ,~~' ~f~ ~ ma.{ I I . .I I I .~ I t I, .~ I I I I AII~"claims and:°ieturned' go ds MUST 6e accomQanied,,by this hill.:- TAX ~ j / ` it - Byde~ C~~i(,: TOTAL i ~ t ~i• .~ '-. :. ~,; ~:. • . :< ; ~~ 2 6 E N G I /y,~. '`' r~ RUBBLE ENGINEERING, INC. v ~ 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 2081378-0329 Q ''O SURVEy0 March 12, 1998 Ms. Shari Stiles City of Meridian 33 E. Idaho Meridian, ID 83642 RE: Englewood Creek Estates Subdivision No. 2 Dear Shari: On behalf of our client Englewood Creek Development Corp., we hereby submit the preliminary plat for Englewood Creek Estates Subdivision No. 2. Enclosed, please find the following items: - Thirty (30) copies of the preliminary plat application - Proof of ownership - Legal Description - Thirty (30) copies of the Preliminary Plat - Thirty (30) copies of a vicinity map - Thirty (30) copies of a 300 scale map on an 8 1/2 x 11 sheet - Fee: $300.00 + 51 lots @ $10.00/lot =Total $810.00 - One copy of proposed CC&R's - Four (4) copies of sewer line profiles - Thirty (30) copies of an 8 1/2 x 11 preliminary plat Thank you for all your help. Please forward the amount we owe for the certified mailings. Do not hesitate to call if you have any questions. RJT/vw/Englewood2-Stiles enc. Richard J. Tomlinson, P.E. a ~~ ;. ~?1,r M E ;.`' ,~ ~y i a' ` ''Li ;~. ~i, ,~ ~~: ~' ~; ~? ,. ~t: r: y. a_ ~~. y ,I ~~. ~b 4 ., ~~ g 6; ,±,~; ~ ;.. ~ ~: t ~: ,~ '~i "L. ?!~ +': ... ~,i,: ~~. ~'~~~ O~ ~' ~7ays2~~ a P ~, .~_,;;~~ ~ ~ ohs 2- ,tea c:.. ~c~oROirr .nrcLalurloN of ~. or.1i) ~,rv -ri•.o Est: lu . COVENANTS, CONDITIONS AND RFSTRIt'T1U1'~'S~ /a~~ !! FNGLEWOOD CREEK ESTATES SUBDIVTSIO~i~0~~1 g,~ P(~ `' _ J C t~ pC /~ TfI1S 1)IiCLNtA710N OF COVENANTS, 3T OF RL•S7'RICTIONS FOR Englewood Creek Ertates Subdivision is ttAB~~ddtibb ii~'dit ~1 dny of ?u "+'«- . 1'99T, by 1?nglcwood Creek`Dcvclopment, Corp., ar~d Idaho .Corporation, (hereinaRer "Grantor" or "Declarutt'~. These Covenants, Conditions and Restrictions supersede any previous Covenants, Conditions and Restrictions. i ARTICLE I: RECITALS I 1 p,~pmy Covered. The property subject to this DeclarMion of Covenants, Conditions tnd Restrictions for Englewookd Crock Estatd Subdivision (this "Declaraticn'~' is ai! of that property in Ada County; State of Idaho, which is contained n Engleewood Creek Estates Subdivision legally describod on irx}tibit A attached hereto. f.2 t~~rflose of- Dcchtr4ti4t1. Englewood Creek Estatd Subdivision `is a residenl+n] development which Grantor currentlly intends to develop i» accordance with ___- _ existing development approvals obtaieed, or any other developtnatt plan(s) for which Crantoc may from time to time obtain governmental approval. 7rtte purpose of this - Declaration la'to set forth the basic restrictions, covenants; timitatiotts, easements, conditions and equitable servitudes ~coliectivdy, the "Restrictions) that willl,appty to the entira devdoprrtent and.use of all protiona of the property. The Restrictions are designed tc, preserve the property's value, desirability and attractiveness, and to guarantee adequate tnaintensnce of the Common Area, and the Improvements located thereon. - ARTICLE I1: DECLAL1tAT10N Grantor hereby declares that the Property, and each lot, parcxj, or protio» thereof, is and/or shalll be helld, sold, eonvcycd, encumbered, hypothecated, leaaod, used, occupied, and improved. subject to .the fol{owing:tertns, coveaants, conditions, easements. and restrictions; atll of which are declared and agreed to be in furtherance of a genera! plan for the protection, maintenance', dubdivision improvement and sale ofthe Property, and to enhance the vatlue, desirability and attractiveness of the Property. The .terms. covenants, conditions, essemcrtts artd restrictions set forth heron: shall run with the land constituting the Property, and with each estate therein, artd"~hall be bindingupoa alt persons having or acquiring arty right, title or inters! in the Property of any lot, parer! or Portion thereof; shall inure ro the benefit of every tot poarcell or portion of the Prsperty and .any inters! therein; and' ahaU inure to the bereft of and be binding upon. Grantor, Grantor's successors in int,er+est and each grnnta,or Owner erns such grantee's or Oamer's mpective succesxn itt intbrest, and may be enforced by Grantor, by arty Owner`or such Owner's successors in utterest, or by the Association. ` ~~ ~ ., A~ ' .. {• ., i~• i t 4~ ~: t< .~ >3 ~_~ ,:r • ,Y ,. ,: , .~ r Vii' k i. F s1 f~~; ~~~ ti~~-- ~f- ~ t- E- ! j ~ t ~ :.. ,. '-';; s ~>~ F i~ F•~ :, ~~ # ~.' E ~~ .~ •t .~~ t~ ti- ~`. ;~ i t ~~ Y• .~ n i `s• ~ i. Notwithstandirrg~the foregoing. no provision of this declaration shalt be construed ~, as to prevent or fanit Grantor's right to complete developmaM of the Property and to, ;construct irttprovements thereon,- nor Grantor's tight to tngirttain model }wines. construction, sates or leasing offices or simdar fad'Iituea on any portion of t~:~op~~ irrchrdurg the Common Ares or any public right-of way, nor Gratitor's`right twpostsig~ irtcidentat to construction, sales, or lea.~ing. ARTICLE Ill: DFFiN1T1ONS g•1 ~Afi1C1CS short moan the Ar'ticla of Inwcporation of the Association or other organizational of charter documents of the Association. 3.2 ~t; nvtrwned c' Estates Subdivision"_ shall rttcen the Property.. desctrbed on Exhibit A. ~ - " 3.3 "A,t~t,L" • shall mean those payments requirtd _ of Owners and Association Members. ,~ _- _r 3.4 "Association" shalt maul. EngletNOOd Cttidc Estata Ncigbborhood tlisoclation, Inc.. a nonprofit corporation'organiud under the taws of the State of Idaho, its successor and°sssigns. -3.S ~>tC~ shall moan the Board of Directors or otkergoverning board-or , i~vidual, if applicable. of the Assoaation and includes its authorizedreprestrnatives• 3.6 ~}~~ ~" shalt mean'one or more lots as spccificd or shown on any plat upon which Improvement, tray be constructed: The term "Building -Lot" shell inchide s'arglo-f~tuly residential tots, but shad not include the Common Ares. 3.7 ~vi= shall mean the Bylaws of the Association )a copy of which is attached hereto as Exhibit C). , 3,g "r'nn~mon Area" shaft mean any or all parcels of Englewood Creek Estates Subdivision that are designated on the Plat as private nreds or "drives, common open space, common areas and common ~ tandscaped areas, including but trot limited to the following parcels which Declarant shall deed to the Englewood Creek Estates Neighborhood Association: Lot 1, Block ~; Loi 1, Block 3; Lots 1, t4, and 19, Block 4; snd Lot 3, Block 6. As provided heron, the Association shalt manage, maintain and nrerate tha+e common area lot3 (except the Association shall sot maintain any irrigation laterals-which aro maintained by an irrigation district). 3.9 "Declaration" shalt mean this Declaration as it may be amcndcd from. time to time= - COVENANTS. CONDI?10NS AND RESTRICTIONS - 2 av~tcKw~i~ooa crax ~~.. n ~ . M, .. .. , 3.10 or» shalt mean Englewood Crxk Developmurt, Corp. or any . person or entity to whom the rights under this Dedarstion are. expressly transferred by . ~~~ grantor or its successor. ~ _~- :`- - 3.11 "~mflrovement"_ snail mean any strtx;ture, facTty or system; or ~tht'tC ' _ ~ -- .. improvement or object, whether permnneat or temporary, which is erected, conswcted ~r piacod upon; under' or in any portion of the Property. including but not limited to buildings, fences. streets, drives, driveways,nsideviralks, curbs. landscaping, sigr-s, fights, street lights, mail boxes, electrical lines. pipes, pumps, ditches, recreational facilities, and w ~' fixtures of any kind whatsoever. _~ . ~:' ~ " nst a particular Owner and ii 3.12 Limitcd_Asx~L. shall mean a charge sgai lus a } such Owner's Buildng Lot, directly attributable to the Owner, equal to-the cost (p - - r ;,:~ managemart fee equal to tezs percent (10'/0] of the cost plus interest) incurred by the y ;~ Association for corrective action performed pursuant to the provisions of this Declaration. , . (See Corrective Action, S«xion 9a.1 below.) P ~. 3:13 "JVt_ emb shall mean each person or entity Holding a membership is the `'_" Association. t' t .:c I_^ - 3.14. ~.µ!r.~ shall mean t}ic ocrsert or other legal erttity,''itfcludinpj Grantor, l~ fielding fee simple interest of record to a [3uilding tot which is a part of the Property."'and .:. 5 ~:~." - ~ - sellers under executory title retaining contracts of sale, but occluding those having an; `~~ ~-interest merely as security foe the performance of an obligation. , i~o .. :" .. ~,. , 3.15 shall mesa any individual, partnership, corporation or other legal . ,~ = ' .. rtion of the_Pro `y: 3.16 Plnt_ shall mean any subdivision plat covering anY po 1~' i ; . as recorded at the office of the County Recorder,. Ada,County,_Idaho, as the same may. ~{ amended by duly recorded amendments thereof.. ,.: t snail mean thox portions _ of the Property described herein 3.1? " "PrQp~ including each lot;.parcd and portion thereof and interest therein, including all water rights k ~' :: associated with or appurtenant to such property. - :.: ~ :~ 3.18. _$et-up As<-~d"~e+r" shall mean that initial fx payable to the Association °': ° to sct'up the A.sociation, and is act out in Artide~ V[R below. This set up fee is assessed against each lot. ~ -~ ;,ZCy _Snecial Asscssmcnt"_ shall mean the portion of the costs °of the capital. improvesnertts or rzplacements. equipment purchases and replacements or shortages in Regular Assessments which are authorized- and to be paid by each Owner to the' . Association, pursuant to the provisions of this Declaration. ,.. COVENANTS, CONDITION5 AND 1tESTRICt10NS - 3 dlrrstesllC~lewood Crack i .t ..'. -- r -~ ". h -<'r - 4 3.2 t _Transfdt $pC~iel Assessment" sf~ll mean that twenty-five dollar (S2S.00) ` fee assessed against such lot to ~ be paid to the Association on each transfer of ! al ~t~_ and recording of a deed to a lot in this subdivision. This transfer assessment out ~~ Article VIII below. ~ ~' . AR'I'tCI.E 1V: GENERAL ArW SPECIFIC RESTRICT[ONS ~. NI structures are to be designed, constructed, and usod in such a manner as to "promote compatibilitq between flee type of ux contemplated by this Declaration. 4,1 ~ 'or plan Approval: No builda+g~ fence, wall, structure or improvement or obswction shall be placed ~or permitted to remoter upon any part of said propertip finless a written request Cor approval thereof containing the plans and specifications, including exterior color scheme. has been approved by the Board or a person 'designated by the Board to approve. same. The approval of the Board shaftnot be`unreasonably withheld if the plain and specifications comply with these CC~R's, government ordinances. and arc in general in harmony with the existing structures located in this Subdivision. ~.2 Cmv~nm~ft ~ Ir_ ~ In the wart. any part of these. CC~R's are less restrictive thaa .any governmental rules, regulations or ordinances, as existing or era. amended, then the more restrictive govermnental tole, regulation or ordinance shall apply. Nothing contained herein shall be construed to taesn that a property owns can violate any .governmental rule, regulation or ordinance.. T4 . 4.3 $~rictions in General. ~ . 4.3.! Use. Size and_Heiaht o thvellirtQ . tnecture. Alt Buiidins Lots shall be used exclusively for single-family raiderttial purposes. No Building Lot shall be improvod except wtlt asingle-family dwelling-unit or awcture. the floor area of a one-story house in this Subdivision shall not be less that Fifteen l hundred (1500) square feet on the ground floor. A two story structure shall have at least nine hundred (900) square fat . on the°ground floor. `For purposes of determining square footage eaves, saps, open porches, car ports, garages, and entices shall be cxduded. No .structure shall be -more than two stories. No business or home oaupation shall be conducted from said dwelling unit nr structure. ' 4.3.2 Acassoty Strq~. .These shalt be,no metal storage nor wood storage attachments to any dwelling unitexcept as approved by tht E3oard. Storage sheds attached to the residential structure, and; patio covers, shall be constructed of. and roofed with, the -same materuils, and with similar colors and design, as `ihe~residentiai "stnecturc on the apprcable Building Lot Only one outbuilding per lot shall be allowed, and it shall be a) constructed of. COVENANTS, CO'1D[TIONS AND RESTRICTIONS - 4 MealatlEaalewood CttcY _~--- _ ~ °~ ` -~.~,. -- - a quality matetis: b) completed, firrisi:ed and paiccted in the same ge:ceral color as the main housr, c) generally scrancd from public view. and d) approved by the board. ~ - All setbacks shall comply with the°periinent local 4.3.3 ~SILt. to in 4.3.?bc+~" ~~ ~ ~ -'~ " governmenc Ord'cnances and the Solar Covenants referred _ ~.- 4.3.4 SrAi»~ All residentcal , dwel~n6s snail have an attached enclosed garage which holds no teas than tare cars, and shall be romwcted of the same materials and colors as the maul building or as approved by the Board. - l I ~~ ~~ >s ,. ;., ,;. - . s - } i', .f ~:.. ~: F i ~ + 4.3.5 ~ls>z4I. The exterior oo0~q and prdittlances andNShaD be ~,y cr,ateriai allowed by local build'mg . neatly and attractively maintained. f Roofs crust be of at least 4 it 12 pitch. No' grate 4,3.G R~~. ition shingles. roofs vinli be avowed. All roofing materials shall be compos d.3.? $91a ovenants. Each ..tot in tins subdivision shall be . subjected to and each lot owner shalt comply with that 'Declaration of.Solar Covenants, Conditions and; Restrictions for: Englewood Creek Eststa -Subdivision." attached hereto ns Exhibit B. 4.3.8 ~ ~ Lots shall be provided with a paved dtivearay - °atrd a minimum of two paved offstred automobc~e parking spaces within the boundaries of each. Lot. No driveway or parking ~~~ shall be d'rct, rock. _ _ ~Vel Of 8sphalt. 4.3.9 Colon. Exterior colon of earth tones or rght blu duk~bod shall be encouraged for the body of the house. Bright, bold or v~ Approve colors tltall be discouraged. _ Dark roof colon shari be encoutag of rxterior colors must be obtained from the Board. and asry changts to colors or exterior in the fugue must be approved by the Board. t 4.3.10 IMert__.~Y~• 4.3.11 jniSitt~ s s 4.3.1 ~Sd~• . a imeter fec>ce a) ~Lx.;~.:.,.. y.r;rr;~ter Fences. r~lttoT shall constrict per around the East, West and North exterior of this subdivision priopestY u by for'entrnnce or exit roadways oc-whete.omitting such fencing pew CpVENAI~YS, CONDITIONS AND ~S•rR1CTI0NS • 5 ~;~s~gte•-ood Croek _~ ..: `. ...,.. .; b t. :. ,t 1 ~._ 4. r i :~~ .; -, ~'~ ~.3 p7 . ;. i~• the 1oca1'governmentnl agencties). After Grantor has transferred title tc~!'ot ~`~~ which contains a portion ofthis perimeter fence it shall be the resporra'bi18y of~-' the owner of the !ot to maintain, repair and/or replacx ns neederi that portion of the maintenance. repairs and !or replacement shall tie performed m u to keep theperimeter fencing uniform, attractive and harmonious. b) ,;Other Owner Fences. - Othec~fences by Lot Owners arc not required. If a fence t, desired, puns for. it steal{ be approved by ...the Board prior to constnution. Fences shall be of good quality and arorkmanship ar+d shall be properly finished and maintained. Fences maybe built of wood, such as a 6- foot; dog-cued cedars. Ctrain Gnk .fences m not allowed except along ditches°or retention fences are not' allowed except along ditches or retention pond areas. Fences shall not be buih closer to the front of the lot than even with the front corner of the house, troy within 20 feet of any street rights of way. 4.3.13 c'^^~ ~ lion Time. Once construction has begun.. somptedon of each building or other improvement shall be driigetrtly pursued . end completed within 12 months. " 4.3.14 Consts'uctiQn on Premises. No pre-eustin8 dwelling or per- fabricated dweriing Shari be moved oMo a~ lot. , All dweGings in this Subdivision must be connructed on the tot. _ 4.3.1 S c~-~r ~n,~f~nna; Hook-;sos• trharatis• B '~ thr insoecti~n:: All bathroom, sink and toilet facilities shall. tx located uuide the dwefhng, and connected by underground pipe to tot line sewn. a) ~~ti: All connection and sewn charges are the responsibility of the owner of each lot at the time of connection and each lot owner after connection shall be subject to morthly sewer chnrges as set out in Boise City Ordinances or required by the affected sewer district. b} ~ew+er Instaectian: Each owner of a lot agrees to submit to inspection by the City of Boise whenever that lot is to be connected to the Boise sewage system and/or whenever a sewer, line is constructed or installed on or within that owner's lot. ~} Rni~e Ci Powers: The lily of Boise is hereby opted with the. right and power to bring. all actions against the then owner of any lot for the collection of any required sewer charges and to enforce the'iF~ection conditions herein stated. COVENANTS. CONDITIONS AND RESTRICTIONS - 6 d~sales~lUakwood Geer . ,';; ~:; :4 .. i; .. ~; 'f S ~ ~ ~ _ -I 1 :a ~. fj' r: -: °t;. . •., • 1: . 5; . (~ ~: } 4.3.16 Atttt~IItte• No exterior radio-'antenna. 'television urteron: rs_ safellite~ dish antenna or other antenna of any type shall be erect .. err ' ~~ maintained on the Property unless it is located or screened in a manner"' acceptable to the Board. 4.3.17 No rurthrr Su i i ' 'nt~n'thentin less thanhe who e subd'tvidod, nor may any easement or other t rover! of the be comreyed by the 0a-ner thereof without the prior written app . ~~~ provided, fmwtver, that nothing, in this section shalt be deerned. to ~,rnt an pwner from, or require the approval of the Board for, trattsfarin8 or adling 'any building Lot to .more them one person to be held by them at tennnts•in-common, joint ta+ants, tenants by the rntucty or as commuiuty, l„'ol~y 4.3.18 +~~•.,, No tulibish of debris of any kind shall be`piaccd a permitted to.accumulate anywhere upon the Property. including Common Area or vacant Building Lots, and >b odor sha11 be pemittod to wise therefrom so as to render rho Property or any portion thereof unsanitary. . gnsisthdv. oRensivc or detrimental to the Property or to its occupant~i~ o f any other property in the vieinity,thereof of to its otxupant other nuisance, as described in Boise City Ordinances, as amended a ~f ttte to time, shall be permitted to exist or operate upon any Po ..property .so as to be offensive or detrimental to the Property or to its cewpants oc to other property in the vianity or to .its occupants. No`Owner .~ shaJ1 permit atry Party or other activity in the Common Arcs or such t}wnez's dwelling. unit which makes or causes; to make noises which might tend to ' unreasonably interfere with the peace and quill oC the other Owners or occupants. No radio or other sound system sha11 be operated on~thc Property except at a low~'sound level. ` No offcmive noise, language or behavior is allowed. The use cf fireworks, fireaackers and any type of firearms on the . property is strictly prohibited and is subjoct to formal complaint to .the Police Department. OW-ners Obligations.,. No .4.3.19 ~7rt ~ 1ntP'*'nncr~ rtted to fall into disrepair. and cacti Improvement lmprovemrnts shalt be petiti air. In the-event drat any shall at all lilacs be kept in good condition and rep Owtrer shalt penmst auy Improvement, including trees, tnrrdscaping or that lot's portion of the perimeter fence (if applicable), which is the retpensibil'rty of_ such -Owner to maintain, to fall into disrepair so as fo creat~a od ~a'ti~es unsafe, .unsightly or_ unattractive condition, or damages prof Y on or adjoining their Building Lot, the Board upon ti(teen (15) days prior written nnitiu to the Owner of such property, shall. have the right to correct such condition,, and to enter upon such Owners Building Lot for the purpose COVENANTS. CONDITIONS Arm RF.STRIC'l'10NS - 7 ~~~£nglewood C~ r x -r t t i !f '. i :. #` - #. ~: :: . ~r.~ 1 ~~reimburse the AssocilLOn, as the" of doing so, and such Owner shall proms Y hs 9, t .! and 8.8. ~- •r~- case may be, for the costs asset out in paragrap .. ~ q.3.20 1VO Na?ardou+ Activities. No activitia; shall be conduct ~+= rovcments oonstnucted on any property which the Property, u~d no Imp - nor property. - might be unsafe or haiardcn~s to asry persa No activities shall be conducted on the,. . 4.3.21 t~,+,~ahtlo,r._. ArticlS;t• o which are or Property, and no Improvements constructed on any pr pe~Y might be unsafe or hazardous to any person or property. 4.3.22 No ?em~~rv Structures. Nit a lerl s~ be tint= shack or' other temporary building, impr placed upon aay,portion of the Property or the streets in the property, except temporarily as may be required by consttvtxion activity undertaken on the Property. 4.3.23 Nn Unsct~n~$o and Otl+~ Vsbislc~• No alt-terrain vehicles. motorcycles..recreational vehicles,. boats, trailers, can+P~• aired and unsightly vehicles or sunilar egaip _. bicycles, dilapidated or unrep Including, anthvut licn;tation, shall be platxd upon any"P°n'on of the Property C streets, Parking areas. and driveways) unless the same sre enclosed by a them from view in a m>lntler approved by the Board. To stcuctuTe cotxealing . the extent possible, garage doors ahal ire cry vehicles in violatioa~ ~- Vrh;~td_ Wa~• T11e Board may 3 business days written section at any tptle aRer giving the owner three () the Owner shalt notice of its intent to do so. For any such vehicles remote ~~f plus n ..reimburse the Board, es a limited ~ of~the~costs. (See Paragraph management fee equal to ten percent ( ) . 9.1.1.) S ~~ . _ r - - - No animals, birds, insects, p~gmns,'poultry or _ A.3.24 etUtID~~ unless the presa+ce of such creatures.. livestock shall be kept on the Property barkin shall be considered a does not constitute a nuisance. Chronic dog ~ ke ping of up to two (2) nuisance. TIIi~ p~agraph does not apply .to two. (2) domesticated cats. or other household pets .l domesticated dogs,. up L which do not unreluonably bothi d rveUing un t (or. the lot's enclosed fences must be leashed whin outside shall not be kenneled outside of a f dolnruns o other P~ ~ °~Ta ~ ~ Common Area. he construction o B - subject to Architectural comm'sttx approval. and shalt be maintained in a sanitary condition and properly screened' COVENANTS. CONDITIONS A,W RESTRICTIONS j 8 ~Ies~~F~+sle'-K~ Cruet .; ' :; . `, . .z y.!T ~. a :~ i4 i t ;: . ~~ 4.3.25 ~ig,~}• No sign of `any kind shalt be displayed to the public view without the approval of the Hoard of Directors except: (1) such sigzts ai may be used by Grantor in connection with the. development of the Property and sate of Building Lots;~ (2) such signs identifying the devdopr.•~er'`~~ infortriational signs, of customary and reasonable dimrnsiora as prescrilfl`d b~•--' the"Board of 1irectors may be displayed on or from the Common Area; (3) one (1) sign of customary and reasonable dimension's as prescribed by the Board of D'~rectors as may be displayed by an t)wrter other than Grantor vn or from a Building Lot advertising the residence for sale or lease, and (4) any sign required by the,, governing authorities. A asstomat7l "for sale" or "for lease" sign not more than three (3} foot by two (2) feet shall not require Anchtectural Committee approval. No sign naming the contractor, the architect, and/or the lending institution for a particular construction operatron shall be displayed to the public view without the approval of the Craritor and the applicable Board of Directors. Without limiting the foregoing, no -sign shall be placed in the Common Ana without the. written approval of the t3oard of Directors - 4.3.26 lrritr~ttion• Main~~^a •~ •++'Irrigation PipG.QI~S.l1• Irrigation weer, ashen available,. will be ysupptied through Nampa-Meridian Imgatton ~?istrict` via a pcessuri~cd water system. lsach tot shn11 be subject to racy License Agree+iients with Nampa-Meridian Irrigation Districts affecting the property. U the event of arty conflict between the terns of these CCBtR's atd any License Agreements with Nampa-Meridian lmgation District. the Incense Agreement sha11 control; Each Owner sha11 pay its Nampa-Meridian ]rogation District water ..assessments as assessed by that ,Irrigation District. Each lot . sha11 be subject to said assessments. In the event that the irrigation water system~is not maintained by Nampa-Meridian Irtigation.District,.. then'-any ditch, irrigation system, or irrigation pipe which lies within ,any thwnct's property shall be maintained by the Owner of the property, -but such maintenance shall be limited to the pipe or ditch i~idethe Owner's property. °_' '~ }._r 4.3.27 ~• r'r,~i"~ ~^d Drainaue RetltJir~~IIL!• Each lvt owner shall-grade and maintain their.individua] lot to prevent the runoff of storm .water onto adjacent owner's lots. All lob shall be graded such that storm drainage does not flow into the public rght of way, provided. however, the first (20} feM of the lot adjacent to the public right of way maY be gntded towards the public right of way. 'All portions. of the side and rear yards aha11 be .graded and drained to the center area of the rear yard on the lot. 4.4 edsi~ti^^~t F,~uments. In addition to V the easements shovrn on the recorded plat, an easement is further ceserved and each-Lot shall be,subject to an easement flue )S) feet on each side of all other lot lines for installation and maintenance of utilities, irrigation and drainage. COVENANTS. CONDITIONS AND RESTRICTIONS - 9 et~t~~at~•~a c~ i i ~ S, ~. • n Y ^_ { Nothin contained hcrcin'shall limit't~ Rhr°~° 4.5 r;Fxemotion of_ rant r. _ 8 t° licenses; io ' Gta:-tor to subdivide or tesubdivide any portion of the Property. Brant ,'. reserve rights-of--way and easement3 with r+npcct to Common dArea and t~ yraftucti ~ of ': public agencies or others, or to complete excavation, gra ' g ' improvements to and on any portion of tha Property owned by Grantor, or to alter the foregoing ands its constroction and plans and designs. or to construct such .additional Improvements as Grantor dams advisable in the course of development of the Property so long ss any $uiiding Lot in the Property retnairo unsold. Such right shall include, but shall not ,be limited to erecting, constructing and ~Dtfor tthe conduct of Grasto s ` strictures ~ and displarys ' es may be reasonably necessary busine3s of compiling the work and disposing of the same by sales lease'or otherwise. Grantor. shah lave the right at any Time prior to acquisition of title to a Building Lot by a ' purchaser from Granterto grant, establish and/or reserve on that Btril ~ngoLot aodthers~ . 11CCf13p, rrservations and rights-of-vray to Grantor, to utility oompanient and disposal of _ ma fl'om time to'tme be reasonably necessary to the proper devdopm the property. Grantor may use any structurd owned by. Grantor on the Property as ' ' mold home complexes or real estate sales or leasing oiTices. Other rights ofron with . hcreuntfer may he assigned by Grantor to any successo ~ press writtc ectassi8tttnent _ Grantor's interest in any portion of the Property, by '~-'~ - recorded-in the ~Ofhee of the Ada County Recorder. ~; - ' ~. ~ 4.b"' Water Wa -Riszhts. Each party accepting and recording a deed to airy ~'' in tbis Subdivision acknowicdges property in this 5ubd'rvision or occupying any PropartY. is in an irrigation and understands and ogress to the following: a) that such property ' district, including but not limited toNampa-Meridian Irrigation District: b) that the water . in said district has not been transfemd from this propesty~c~ t thataeach~rOwn~~ is wbjcct to all assessments levied by any inigat~on first ) ' be responsible to pay any levies of the irrigation entity "attn'butable to that Lat; ~~ in n the Lot. Each owner or occipart of any these assessments ~e i lien upo fical tdeases and waives any ~ all claims Bnglevvood Creek Estates. Subdivision sped is officers and Directors relating to of any kind against Declarant, its agent,, emp yam. water, rights from imgation entitld in Englewood Creek t~.states Subd~v'sion. otation: The association Board may 'make such 4.6.1 1D]~S14II.R lists of times each lot is entitled to use the irrigation water from the irrigation to crate nn equitable rotation of irrigation times system, as is necessary, between lcrt owners and to maximiz ~ distn'bute this list to each lot o~v~-ner. The Association shall if a list ra treat .' • Each lot shall abide by such rotation timts. Until :rich a rotation list is created 'j each i,ot Owner with an even numbered address -shall irrigate only` on even ;; numbered days and Lot Owners,with an odd numbercd'address shall irrigate ', °~y on odd numbered days: p: COVENANTS. CONDITIONS AW RESTRiCT1ONS ,-10 . dtcale~Ai,t+ste.~ml ' _ A ~ • _ - 4 .. ~.~..... .. __ _ , •, F 4.7 Laws. Ordinances. Thera CCatR's are subject to ail rules, reuulations,, - laws and ordinances of all applicable governrnental bodies. In the event a gc ,.-+~":fEl~ ~ .. '~ - • ' roll, regulation, law or ord"~nance is more restrictive than these CCStR's, then in ~ect~ - avent these Ct"~R's shall be deemed to be amended to comply with the a~pticable: rule, regulstion,law or ordinance. • 4.8 intentionally Omitted_ • • 4.9 ~tred 1aAF+ts. The use, control and maintenance and lighting of ell .. installed street tights shall be with the Association until such time as this subdivision i; - - '*• annaced and the City ofBoise tapes over those resports<bi~ties. _ _ :c ~: ARTICLE V: ENGI-EWOOD CRFEIC HOMEOWNERS ASSOCIATION. INC... •~-~ s.t Arcrstt~r~llOn OT Enftl~n__ ~.rec+~~-~~v~ry~- 4Jl1,• .-..- --•--- Englewood Creek tlomeowners Association, Inc. (tire "Association") shall be initially ;:. organized by Grantor as an Idaho non-profit corporation under the- provisions of the ~r Idaho Code relating to general non-profit corporations and shalt be charged with lire • duties and invested with the power ptrscribod by Iaw and set-forth in the Articles, Bylaws :.~; and this Declaration. Neither the Articles nor the_Bylaws sha11 be amended or otherwise . - changed or ittterpeeted so as to be incons'~stent with this Declaration. ' S.2 4. O~+ by virtue of bang an Owner and Por so long as "~ ,`~ •_ such ownership is maintained, shall be a Member of the Association. The memtraships to . tha Association shall not be tnussferred, pledged, assigned or alienated in any way accept upon the transfer of Owne:'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 Association. '-; Votin in the Association ahall.be carried out by Members who _ 5.3 ~1iI18. g shalt cast the ~+vtes attnbutable to the Building Lots which ihcy own, or attnbu~ l1 ono tahey ~~ I3u~7ding Lota owned by Grantor. The number of volts any Member may • issue is determined lry the nutabcr of Building Lots,wliich the :Member including Grantor, owns. When more than one person holds and interest in any Building Lot, all such persons shall be Members but shall share the"votes attributable to the Building Lot. For . , voting,purpoxes, the Association shall have two (2) classes of Members as described below: • 5.3.1 ~rse A Mcmbe~. Owners other than Grantor shall be known ~, as Class A Members. Each Class AMember-shall be entitled to cart one (1) vote for each Building Lot owned by such Class A Member(s) on the day of the-vote. One lot, oae`vote. - , COVENANTS, CONDR'IOVS A~W RESTRICTIONS - l I . ~.tone~+st~.~a cnxt . ~,; • ,; ,. :; -; . . . r , ~. ~ 2 .,*~ ~ e .. 5 3.2` . mss $~S~t~ 'me ~Mor shall be knovm u Lhe Class B - ' Metnbet, and shall be entitled to three (3) votes for each Building Lot oty~r1L ~~- ~ z ,~ - - Grarrtor is the Owns. The Class B Member shall cease to be a voting Mcn,bcr,~: ` _ in the Association on the happcrung of either of the following evenu, whichevcr occurs earlier: (a) when eighty-five (85%) percent of the Balding Lot, have been sold"to Owners other than Grantor, or (b)"on December 31, 2002 ~ - r " Factional votes shall not be :allowed. tp the event that joint Owners are unable to agree among themselves as to hvv+ their vote or votes shall be cast. they' shall lose their ~ r right to vote on the matter being put to a vote. When an Owner cast~svo~t ~ itch thcreafler be presumed conclusivdy for al! purposes that such Owner g authority and consent of all joint Owners of the I3uitding Lot(s) Gom wN~ch the vote ~.:; derived, The right te` vote may not be severed or separated _frorn the ownership of the . . Building Lot to which it is .appurtenant. except that any Owner maY 8ive a revocable ~'t ~ ox m assi such Owner's right to vote to a lessee, mortgagee,,bcr-cfiaary or ~~ ~rac~purchaser of the iuilding Lot concerned, for the term of the lease. mortgage. ` _ deed of trust or contract. My sale, transfer qr c°tlvel+ane° ofmch BuJding Lot to a new. _~ - ~ Ownec shall operate automatically to transfer the appurtenant votmg~gh=tooth fi~0av+'r ~. . _ subject to any assip~tmertt of the right to vote to a lcssc~ mortgag rY • provided herein. : 5.4 Board of Di*~~ts as Otlice~. The affairs of the Association shall be conducted and managed by s Board of Directors (Board") and such officers ns 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 Association shall be elected in accordance; with the provisions set forth in the Association Dylaws. S.S - p9.wex sand pities of the At+nsiatioa The Association shall have all the powers of a S.S.I Powers. • corporation organized under the general corporation laws of the State of Idaho subject only to such limitations upon the aenYSe of such powers as arc `~ expressly set forth in the Articles, the Bylaws, and this Declaration. The • Associsti~n shall have the power to do arty sad. all lawful things which may, be • ~, aired of ernutted to be done by'-the Association under ltdahor authorized, rn9 p • law and under this Declaration, and the Articles and Byiavvs. 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 Commoq Area and the Association's other assets, including water rights when and if _received from COVENANTS, CONDITIONS AND RES'tRICnONS - I2 dlrale~tlFntlewo°d Cr~elc >. . ~. T ~, ..:~ . Grantor; and affain and the perforrnana of.the other responsibilities herein assigned, including without limitation: ~~~ r,._ tiG S.S.I.I ~• T7iC Power to ~Y Assessment Ott ~~~ any (?wrier a, any portion of the Property and to force paymert of such Assessment, all in accordance with the .provisions of this Declaration. 5.5.1.2 Right of EnfQLrement.'Fhe P~ 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 a~ciions and suh.1 to restrain. wd enjoin enY breach or threatened breach of this Declaration or the Articles or the Bytaws. 5.5.1.3 l:n+ ~ ~l~li~• Z7-e P~"'a~ exerased by the Assocation or by any person authorized by it, to enter upon. . arty property (but not inside any building constructed thereon) in the event of any emergency involving illnesi or potential danger to life of property or when necessary in connection with any maintenance` or construction for which the Association °is resporuible. Such entry shall be made with as little inconvenience,. to the Owner as practicable, andF anry damage caused thereby shall be repaired bythe Association. '' s ~+'3 1Cflssi .tea Riohlt-cff-V1~8v. 5.5.1.4? iw... ~~ent~~- powex to grsrt end 'eomey to any third party sUC1t hcer'aes, . easements and rights-of-way ins on or under the Common Area o - any additional easernent.areas of any Lots as may be necessary ation and appropridtc ,for the orderly maintenance, tioa of the enjoymciit of the Common Area, and for the pr . health, safety, convenience-and the welfare` of the Owners, fcr the , purpose of constructing. erecting, operating or maintaining: 5.5.1.4.1 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 5:5.1,4.2 Fublic sevveis. storm drains, water drains and water.:supply systems, sprinkling systems, heating and goes Pip~-` btic improvements tines or pipes,. and any' similes public or quasi-pu os facilities. COVEN~TS, CONDITIONS AND RESTRT~ONS -13 ~lreetestlF~ale+rood Crock ~~ L ~~ ~~ _ - ~ `~. ~~ P: . ;: ~, !~ ~. S.Sa.a.3 Mailboxes ~ and 'sidawalk abutments around - service iba'1'rtY. berm, fencing srd~- r! ~ ~ _'~ - such mailboxes or arty lac and private streets oc ~ . ~' landscaping abutting common areas,-pub ' land oorrveyed for ~Y public or quasi-public purpose. The right to grant such licenses, asements and rights-of-way ate . hK~, expressly reserved to the Assoantion and may be granted at ~ tune proper to -twenty-one (2l) Years from the date of - recordin6 of thcsc CCdcR's. 5.5.2 l~• In additicm to ...duties Y and proPd to eaRp . out the power delegated to the Association by this Declaration. e~td the i'imiting the gentrality thereof the Assocaatton or Articlee and Bylaws, ~~ o without 1'imitation, eaeh of -its agent, if any. shall have the authority to peel rm. ' the following duties: 5.5.2.1 '~ ri . -~ ~. `•........,M of Common 'Atha: . Operate, maintain.' and othtrwise manage or Frov'~ for the _ operation, maintenance and tnanagrmetrt of the Common Area. 5.5.2.2 sinlpa Walla. Fence . . ' - ~ •~rrn .nd RCttMinn PendJDtainag~~ Ofl Maintain any .and all berms. retairtu-8 ~+, fences, ~ } ..::irrigation systems and retention ponds/drainage basins within abutting the Common Area. ' . `" . 5.5.2.3jTA=,~,+:.~^d Aasessrngtt. Pay ~l real and personal _ err ...taxes and Assessments separately levied against the prop Y . Common Area or against the Association and/or ~Y other pr,oporty,.vwned by the Association. Such vices and Aiscssments may be contested or compromised by the Association, provided, d or a bond however, that such taxes and Assesarrients are Psi insuring paycnern is posted proper to the-sale or disposition of any i property to satisfy the pnyrnent of such taxes and Assessments. In addition, the Association shall pay all other federal, state Est the . .:.taxes, including income or corporate tares levied ago' Association, in°the event that the Association is denied the status of a tax prompt corperotion. • S.S.Z.4 Wes; +~n~- ities. Acquire, provide and/or pay for water, operations costs, landscapinS raPta~"ents, maintenance and other necessary services for the Common Area. COVE,'~tAIJTS. COND1110NS AND RfiS'TRICTiONS - l4 ., ~~s _ .t ' ~ .5.5.2.5 InStlfilD~~ Obtain insurance from reputable insurance .companies authorized to do business in the State of - Idaho. and maintain in effect any insurance }wlieY the Board deen+~- r y ~ ~ _ ~ -- . necessary or.advisable, irutud'mg, without limitation the following ~ .-~ . . policies of insurance: . 5.5.2.5.1 Comprehensive pubic liability lnaurance . irwring the Board the Associat'wt+, the t3rantor and the individual grantees end- agents and erne{Dyed of each of the foregoing against any" l'~ability incident to the ownership andlor use of the i ~ ;. ' .. .~ ' - ., ~. ~F, ;, Common Area. _ -~ -. 5.5.2.5.2 - Full. coverage directors' and ~ officers' . {iabilhy insurance. . S.S.Z.5.3 Such other ~~=ia+'insuura ice: tothe vehicle insurance and Workmen's Compen extent necessary to comply with all applicable laws and indemrrity, faithful performance, fidelity and other bonds as the Board shalt ` _ deco, necessary or required to c~Y our the Assoctation functions or to insure`the: Association sgsmst any toss from malfeasance or dishonesty of any ermptoyee or other person charged with the - ~,~~,~ or nosas4ion of any Association funds or other prop, 5.5.2.5.4 ^ `The Assodation shall be deemed tcusta of .the interests of the intetCSta oC all Owner's in connection with . - ar~r insurance proceeds Paid to the Association under such poGci~, and shall have full power to receive such Ownez's interests in such proceeds and to dea! therewith.. . 1.5.2.5.5 Insurance premiums .for the above ~~~ coverage shall be deemed a common expeese to be included in the Regular Assess<nenu levied by the Association 5.5.2.6 >rtSf ' t ales. Perform such other acts, whether or not oxpressty authorized by this Declaration, ss may be reasonably advisable or necessary to _. enforce any ~f ~ Provisions of the 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. COV~NANI'S. CONDITIONS AND RESTRICTIONS - I S r dyeslc~CJCt+ale~ t rerJc , ,. s ,. { i ~. ,.... .-._ ..,.._. y .... _. ___ ,~ }. ;-, <. :, `~. 5.6 rpe s~a1~~21~11Y• No Member of the Board. or member of airy committee of the Association, or any officer of the Association, or,the Grz-rrtor shall be personalty Gable to arty Gwner, or to any, other party, iachtding the pssoaatton. for arty damage, loss or prejudice suffered or claimed on the account of any act. omission,.error o~'3Ti~eno~ the Board, or any other representative oT errtployte of the AssoCldtion, of the Association,' ~ tht base of such infoctnation as maybe or the Grantor, provided that such person. up possessed ,by such person, has acted in good faith without willful or interstional . misconduct. K;-~--~- ~ ~ti" ncial Stateme_tt?. Financial statements for the 5.7 .~.~.~. .shalt be distnbuted to each Member of Associatioe shall be prepared regularly and copes the Asociation as follows: , i A, pro for'ma• operating statement or 5.7.1 L11~--mS..~ttSffimt• budget, for each fiscal year shal!'be dtstn'buted not less than sixty (ti0) days before the beginning of each fiscal-year. Tha opesaUnB statement Shari include a schedule of Assessments ttic:erved and receivable. idetttifiod by the Build'mg Lot numbs and the name of the person or entity assigned. ~ . 5.7:2 ~as~Sh~• Within thirty (30} days after the close of each fiscal y-nr, the Association shah cause to be prepared and delivered to each pwr-er, a balance sheet as of the last day, of the Association's fiscal- year, artd annual operating statements retlecting the income and = Qcpenddures of the Assoaation for, its last fiscal year Copies of the balance s ~ d d °~~ thtse statement shall be d;atnbuted to each Member aithitt ninety { ) ~ end of each .fiscal year.: ~_,-_ __ -- s.g Nf inns of Associtsti4~. Each Y~ the Association shall hold at Itast- one meeting of the Members, according to the schedule for such meetings a ~b no ~ ~ ~n Bylaws; provided; that such meeting shalt occur no earlier than ri._~ May 31 each year. On1Y Members shall be entitled to attend Association me wogs, other persons ~Y be excluded. Notice for all Association ~ e~~st~sessi~ort of a Building shalt be given by regular mail to all Members, and nnY p~ before the meeting and Lot, not less than ten (10) days nor more than thirty (30) days shall set forth the place. date_and how of the meeting and t~ astel ~ ~th~o ai practical conducted. All meetings shall be held within the Property n of the at a reasonable place selected by the Board. the presence at any meeting m p~ Class B Member wherexthere ism ct 1~/~f the total votes o a!! Glaser Members, shall Owners holding at feast ten per ( ) uorum is not presatt, the constitute a quorum. If any meeting mot a time nexssathan ten (10) days nor more Members present may adjourn the meeting than thirty (30) days from the time the original muting ~~ Mice is given as Pccvid°d ~,~, ~ called as the result of such an adjournment, -pro COVENANTS, CONDITIONS AW RESTRICTIONS -16 ~ : d4eelatt~k+~ Cmk t. . ® . ~: ~:: ~r. above. At arty such meeting properly called, the presence of any Member shaJ1 c~nst ~t~_ ,~ ._-~ .,. a quorum. ts. -•~ _ ARTICLE YI: ARCHITLCTUItAI COAI7ROL No bw'id'mg, stricture, fend wall; hedge, landscaping. Painting. ornament. obstruction, berm, driveway. nor Improvement shall be Placed: on, under, over or across any part of the Property unless a artitten request (given to one of the Board) for approval thereof corrtsinin8 the Puns and specifications therefor. inctudtng euterior color scheme, if appUcable, has been approved, in'writing, by a member of the Hoard of Dirnector: of the A.~.tociation or airy person desi8nated by them. The initral Board of Directors and their addresses is as follows. Rewabhai K. Ps{tel 8589 West Broolcvicw Drivo, Boise, ID, 83709; I(arshan K Patel, 118 N.F 134th Street, Vancouver, WA. 98685; Rick'Thurber, 10421 Rockwood, Boise, ID 83704. in the3 went the Board (yells to approve or disapprove such request within thirty (30) days after such request has been submitted in writing, approval shalt not be requirod.as provided in the Article aid this Article will be deemed to have been complied with. ? _ ARTICLE Vi1: RIGHTS TO COMMON AREAS _ 7.1 Vse of Common ~. Every Owner shalt tiave s right to use each parcel of the Common Area,. which shall be owned by the Association, subject to the following provisions' '7.1.1. 'The right of the Association holding or controlling the Common Area to levy and increase Assessments. 1.I.2 The rig~rt of the Association to suspend,the voting rights and rights to use of, except for Ingress and egress to such Owner's Building Lot. or interest_in; Common .Area by a» Owner for.-.any penod during which any .Assessment or charge against such Owner's Building Lot remains unpaid; and ``= 7:1.3 The right of the Associative to dedicate oc transfer all or air part of-the Conn~on Area`to any public agency, authority or utilrty for sucht DurPo~ and subject to such conditions as may be perctnttcd by the Article's and Bylaws and agrred to by -the Members. No dedication err Transfer of said Common ~ Area shalt be effective unless- an instrnnent ngreetng to such •; Members representing two-thirds, (2/3) of each `. dedication or transfer signed by class of Members has been recorded and the Grantee has agrad in writing to ..accept such~transfer. , 7.1.4 The _riRht of the Association to .prohibit the construction of • structures or lm~rmements on the Common Atea. COyL•NANTS. C01\'DITIONS AND RESTRtCTIONS -17 ' a~i~.nr•„at~ooa c,e .. ~, .`; i~ ~.t F ht ~ of the Association to prolnbit the ~ttuctioct cutcs 7.1.5 The rib. . r~~ - theuse of the Common Area. -~- . -_ ~ _ ~ - and'rcgulntions $o`1ermng ~ ~ ~: ,- - ner sttiall be fuilY : uabla for. any damage to airy . Each ,Ow willful misconduct Common Rita wh y be sustained by reason of the r-e8fi6 a such Owf1C~s finely of the Owner,~sud1 Owner's resident tenant or cunt ~~hip of a Building L`ot, the rrrinor and adult. In the ease of l ' .n ~ and guests. both shall be john and several. The cost of corre~ S liability of-suds 0'"m~.. 1 a nst the Buildng Lot and,may be oo11a'~ ~ be a iamited Asscssrner- Sa' menu. No Owner shall be 1'~able.for any amounts herein for the collection of other Assess - gteatei than is l~ly allowable undo Idaho tnw. • ,# - } ~ p1z•~Ci,E VIIL• ASSESSMENTS t~ Ra~Assessmetds, BY acceptance of a deed to any PrOP~~ 8.1 ~qY~-~ . • - of such property hereby ~+~s Englca-ood Creek Estates Subdlviswn eao ~ ~~ ~ the Aa~ciation, including alt age to pay arhen due all ~Astessments es made sgainst ouch Ovvtter pw~suarrt Regular, Special and L'uruted Asaesaments and c lha Ble ~trumcnt. to thtpcovisions of this Declaration or,other epp ~ r MY .,,r ('enstit>ltC~.t4ri•.. Such Assessments and chaBes . 8.1'.1 Assn" - ~ .fees .which may be mtecest, coats ,and reasonable attorney, . . togethzs with.. a charge on the land and shall be a incurred in collecting the same, shalt be continuing lien ~ upon the" propMy, agpirot which, each such Auessntent or t chai8e is made. . ` ~. '`` ligation. Each such assessment, . ' 8:1.2 ~ts.~~•~~ attorneys' .fees, ~~ also be. the ~~ together with interest, costa and ° reasonably ~,~ with the Mime p~rsonal'obGgation of the Owner of such propeY b~ ion for deUnques-t when ~ p~essirnnt ° falls due. The PASO ~n title unless expressly Assessn+et1ta shall not pass to such Oyvne~s sucee-+sore obligation regardless ~~ by them but ahall remain such Ownet's per. "+ of whether he remains an Qwner. 8.2 g~,tlarA~ie~~• `~] owners, including Grantor. are obligated to pay lar Assessments to the treasurer of the-"A-~dalion on a schedule .of payments Rego . estabtuhed by the Doard. °. F ,~„ A~a~asmern: The initial regular assessme~ ".8.2.1'- 'ialR fcr the`firn cateadar:,year,~ar'e estimated to be One Hmcnc) a d shah be ,(5150.x) PK y~ per-fot (approximately SZ4.16 Q~ amem shall be paid ~pr'otated oa a ~~ yeatbasis: This initial Regua u~ losing of the first to the Association by the Buyer and shall be poi P transfer of the lot from the Dectarnt. -~ Ogg, CO;~IDPTIONS ANU 1tIrSTRICTIONS -18 aCi„~t~+at~ c,~a` :. -. :f .z :.. '~ ~. ,~. ;. this~set up assessmMt shaII be paid in full. for arty time left in the calendar year. . regardless of the time of year of the closrng. In the event `that the Board shalt y 8.3.3 F:crt3 AsIlL~• ~t for a ~++ calendar j~~ "r ~ 6 determine that its respective R~ of the Association for any reason,-'' or will be inadequate to meet the Expenses coon. une~cpoeted including but not Timited to coats of coratru ~ ur ~nnsumue C~,~ Area, repair' or replacement of capital improvem fessional fees. or for any other attornay'a fed and/or (itigatron costs, othtr pm reason, the Board thereof shall determine the approximate amount necess a ::Special Excess Assessment agai . defray such expenses ~ te'vY led in the portions of the Property,~thin its jurisdiction which shall be c ~ be levied „ name mariner as Regular Assessments. No such A~esament which exceeds twenty S`-o'l~~ (25ye) of the budgeted gloss acpuises of ~ pasociatioa of that calendar year, vr'ithott the vote ~ Mct~~ o~ the ~~~ represer-un8 a majority of the _ votes of ~ schedule under ' Association. The Board .shall , in its discretion. determine t levied by and which such Excess Assesm'C"t ~"'~ be paid. Every Assessmen base as that orlon shall be levied and paid upon the same fot;such for ttie Associ n and payment of Regular Assessments prescn'bcd for the levyi S . ~sociation. . Notanthstandinglhe above previsions with raP~ g.q t s~,ti A~• the Board may .levy a 1;irttited Assessment against a tv Regular and. Special As.essments. in bringing the Member as a remedy to re'smburse the Association four nth the provisions of the Member and/or such Memlxr's Building Lot into comp' her arith the 10'/. gov~ing inriiyments for Englewood:Creek Estateeh 9 bdi~sion toget management fee and interest as Provided in 1'aragrap _ ~ f ~ Unless otherwise specifically provided- 8.5 "nir'^"" ate o A~-~ Build'ing l.ot .herein, Regular and Specint Assessments sha11 be fixed at a urrifonn rate per for all Members of the Association. ,ovided to the Articles or Bylaws, 8.b - .Unless otherwise pr r ~ t~ninate Decemba, the As+~+m~ Prod shall commMCe on January t of each yea o- .. 31 of the year. S ~ ial Transfer - - . _~ ' -- ' te. EcePt for. the t~ 8.7 ~^~'c* "nd Ash led .regular assessment. written notice } Asspsment, the set-up as3essr+nent and ititial Acura ~ ~ address in the prop~tY en to the Owns at the p P Y lies in writing to of another assessments shall be giw s due. Each oOVend by-this ikclaration or to ~cohuttthe amounts due °~ th ~ ~) ~ des s after the `Board. Such notice shall set aid within ten (1) Y .installment. of Assessments shall become delinquen bring an action against the delinquent the levy and notice thereof. 'The As~ation may . COV~~TS• CO~I'1'IONS AND RES'S'RICTIONS ~ 20 ~kt~lc~oai Cceek x.! Owner. and may forecfox the lien against such Owner's Building Lot as more fully ts. together with all ,,provided herein. Each Ovvner is,personally liable for Assessmen coats and attorneys' fees. and no Owner Wray a~'~ s"~ O'"t'~ from intent; late fees, ent of the Common Area. or `~~ such liability by s waiver of the use and" enjoym - ~.~ abandonment of such Owner's Building Lot. - 1~; Asxssments of arty kind 8.8 tz~ Fees-Interest on Past Dts~.~- ~ additional late which nre not paid within ten (10) days of rho due date shall be assessed on the unpaid assessmcx+t at the rate charge of SZ5.00. In addition, interest shal~be thfrom the date- the assessment wan due of-one: and one-half percent (1-1/2'/.) per until the date of Qayment: n at least twenty (20) days prior 8.9 Fttetttxl Certiftcate. The Association, upo enakin such request, written request, shall execute, ackn~twledge and deliver to the Hof the Assoaation, s a stnteirtent in writing stating whether or not, to;tfx knowledge particular Builiding Lot Owner is in default under the provisions d tf"sth Owner• ' a~ ,~ further stating the dates to which any Assessme»ts have been ~ h may be relied upon by any such certificate delivered ptinunM to this paragraP prospective purchaxr or mortgagee of the Owner's Building rvLot. Reliance on such r. default as to which the signor` shall have ~ no ~~ Certificate may-not extend to arty krtm~vt8dge. . ; AS3ESSytENTS; LIENS ~' - A,RTIGLE IX: 'gNFORCEI~NT OT' COVENANTS AND ` #~~~ ~ ~ ~ tton -has the right to ~~ ~ , for~'• Attomeys 1~~. The Assorts ~.~ 9.1 i t ,~ enforce these covenants and to collect and enforce its Afe"tan Ownertof such _ provtsions haeoE Each Oartter of s Building Lot. upon bK°mmg ~. Duilding Lot, shall be deemed to oovcnant and agree to coph- with the terms, covenants, • ~~~ each and every- Assessment conditions and restrictions contatsxd ~~ o t he enforcement of alt covenants and provided for in .this Declaration and agr law. In the went ~ an attorney or Asessments in the manner herein specified. and/or wenants or, the collection of nny ~. a'ttorncys nre emplooyed for the- enforcement .of any lance with ~ specific Assessmesn, whether by suit or otherwise,` or to enf'ocecomp s to pay performance of the terms and conditions of this Declaration. each Owl 8 h ~~. reasonable attorneys fees in adttis'~ tivc may enfo thax ~~+u or the obligations • The Board or its authorized rep ~ tf~ Owner or the of the Owner hereunder by: a) direct corrective.. action agai in violation; b) Ilitigstion at law or in equitY• c) fotYd°~ of the Gees crested offend g violations; attdJer e) sisY other lavrful herein; .d) expenditure of funds to remedy any 4 action. In the even an owner fat'ls to comply with 9.1:1 S4ttcs~lv~-A~ the Board-shall have authourity to take ;~ any provisions of these Declarations, Each Owner who is the ~ `• the action against said Owner. :f appropriate correct • COVENANTS, COND1TlONS Ar-D RES'TRIC~TIONS - 21 d4eotaltTirrdicv~vod Creek - A - - - - ~ . .. ... .. .. .........:.a....... .... ._. ..._... ., .. ... _., .. .. _. . a. ~ ~, ~, 1 .. ~.. ~ :;. ~~.. ~ '~. . 'ls ;i ;nsubject.of such corrective action, plus interest on ail acpcnded funds from the e. dilute at-the rnte ~f 1-t/2'/e pct month. Pis a v~ag~~ fe= t~- date ofvexpcn ended for. tiic corrective a_tOn• _~~ equal to ten percent (10%) of alt the costss~at Lot ~ that Lot Owner attd~ 'Such shalt be a LimitedrAssessment agai shall create a Gen enforceable in the one trtasuter as other as. ~ also ~ forth in these CCd~R's. 'the. Owner of the m ~bc~subj~ c a lice for ,all personally Gable and such Owns ; Property ~ ensa incurred : by the costs, tnana8ement fees, late fees, interest and ~P m~Md m Association : in taking such> corrective action, Plus all cost' collecting the amounts due including but not 1'united to attor'nry fees. recording fees and costs. if such an assessment is not paid within tee (10) days of notice of the limited ass~3ment, the Owner ahaQ also be subject to late fees sot out in Paragraph 8.8. • . = A _ _ - . Prior to taking correcttve actton 9.1.2 Notic~Q~~o- the Tloard, or its authorized repr~esentative,-eha11 give notice to the Owner of .the violation of these Declarations, the ren+aay T10C~~Y and the date by which-the- remedy -must be completed. = In the event the Qwnef ~ not Jemedied the violation by the timK set out in' e1 ~ ~ ~~ ~ ~~ of corrective neion by the Board or ~~ such corrective action as act out in these Declarations. - - smertt~.~. k 9.2 AS;~ 9.2.1 S~li~• 't'here is hereby created a lien with power' of sale on Buildin Lot to secure paytaciit, of asry and all A~nsmerits each and every g rstiant to this Declaration together with levied against such Building Lot pu intetst°and all costs as provided f thins Declaraaton shalt~constmuta a l~~ on acco€dancc with the provisions o such repsective Building Lots upon recordation of a claim of lien with the Ada Recorder: Such Lien shalt bt prior and superior to all other liens or Cori"tY relation of thenotice of dernquency and ` claims created subxQuent to the ereco guildin Lot claim of Lien except for tnx liens for teat property taxes ~~ i ~ or ether and Asxssmerits on any I3uiiding Lot in favor of any ~ thereto. governmental assessing body which, by taw, would be superi y Upon default of any Owner in the payment of 9.2.2 1 .m ~ cause to be raorded is any Assessment issued hereunder, the Association may the office of the Ada County Recorder a claim of Gen. The claim of Gen shall stnto the amount of such delinquent sums ~ ~ffic ent eseriptivn off the .x (including the cost~of recording such a have been assessed, and the Warne of~ Iluilidisig Lot(s) against which the sam orate basis the sevord Oamer thereof. F,iich delinquenry shall constitute n sop number of defaults may be included for s notice and claim of lien. but any CayEriANTS, CONDiTtONS Alv'~ RF,~i'RICTIONS - ?2 dlralest~L•natewoai ~•~ within a single notice an claim of lien. Upon payme„t to the Association of ~ sums ~ charges in won therewith or otlxs satisfictioti such dei'n,qu thereof the Association shall cause to be cecordcd a ~rthef nAs~,~~~ _:-- aatisfaction of n3ief ofsuch delinquent suns and chatg `demand and receive the cost of prepari,rg and recording such reieaae b ores , cocording the same. Such Gen may be foreclosed by appropriate action q,3 Method of Foresl4~s• its attorney or -other in coral or by sale by the psaociat,on establishing the Assessm«rt. person authorized to make the sale. -Such sale shalt be conducted in aaordanpt~ prov;sians of the Idaho Code applicable to the caccrcise of powers of sale by its attorney. any off,cer or director of the ;. Iaw. The Board is hereby authorized to appoint • q~;,nion,:or any. title company authorized to do business in~ldaho as trustee for the purpoie of conducing such power of sale or farclosure. ,n this Declaration 9,q ~~nu NOticx. Notwithstandin8 anything lion of . to the contrary, no action ,nay 6e brought to foreclose the C,en created by records and claims of l',en; whether judic+aify, ;by po"'!a* of sale ar the notice of delinquency ,on of thirty (30) days slier a copy of such clam a~ to the otherwise, until the expiraf artiS~ ~ ~de~ p~ag prep, `. ~ been deposited in the United State mail, and clam of Gen, ' ~ Owenc of the Building Let(s) descn'bcd in such notice of delinquenh eof is recorded by ' 4 son in possession of serch Bw»8 Lot(s). and a copy and to the par ~' OlTice of the Ada County Recordtr• ~~'~ . _ the Association in the A ('rrt++7n Tnst~~s• The lien for the A'ssessa,ents 9:5 SS~~'~tion t hate to th Bwld,ng Lot shall not be subordl provided for herein in connection! with e ~ the lien of a first deed' of trust or first eGen ef., arry dad of tnut or rnortga8 ~ as an anc;rnrtbra~, mortgage given and made in good faith end f ~va1u ft ~ ~°of 1~',~ or the .Assessments. _ ~ ,, against such Bwl',dng Lot propr to the record to a fmt mortgagee who " Except as expressly prov,ded in paragraph 9.6 with resQect ~ aRer the acquires shall not afFect the Assent s sa11~ h~ sale orate diminssh rvr defeat the date of sudr sale of itransfer, s ns provided t'or in this personal obligation of arty pwner for deGnquerrt Assessment Declaration. ~ ~ ' Notwithstanding any other pC0`r'sion of this 9.6~o,tg~~ is of the Declaration, no amendment of this Doc1 Bt,~~ ~t m~ade,n g~ nth and for valthe ' BeneSciary under any deed of trust po ovided that aRn ' ~ and recorded- prior to'the recotddation of Buhd~ Lo sha~u femain subject to this ~~• foreclosure of any such deed of -bust such g Declaration as amended. ARTICLE X: EASL•MF.NTS COVENANTS,C 01'rolT10NS"AMA R>rSTRI~ONS -23 • 41res1e~L'nEl~*'~'d . - ~~ ~- . - ,~, ~~'- f. •~ ~ .,. i v ;. . •_, ;. 1 . I0.1 Easements of Access. Grantor expressly resernd for the lxnelit of all the Property reciprocal easements of access, ingress and egress for all OwR+era t~+wd ~- ~ _ .~ _- their respective Buitd'mg L6ts for installation and repair of utility servicts, for draingget~'` water aver, acra~s end upon adjacent Building Lots, and Common Area. resulting from the normal use of adjoining [luilding Lots or Common Area, and for necessary. mamtenanoe and repair of arry improvement inclading fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments, trees and landscaping Such easement; may be used by Grantor, and by all Owners, their guests, tenurts 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. 10,2 Drain ge and Utirjjy hasemerts. Notwithstanding artythtng expressly or imptiedly contained herein to the contrary, this Declaration shalt be subject . to all easements tierotofar or hereafter granted by Grantor for the installation and maintenance . of utilities and drainage fscii'~tics that ere regnircd for the development of the Prapaty. in . - . addition, tirantor hereby reserves for 'the benefit of the Association the right to grant additional easements and rights-of-way ores the"Property. as appropriate..tcAvt7ty .companies end public agenaes as necessary of expedient for the proper devetapnxnt of the Prvxrty usttii close of escrow for the sate of the last Building Lot in the Property to a purchaser. .. " 10.2.1 ~wement o Dry nd t ity Easement Areas. The ,Owners of Building Lots ate hereby restricted sad erryouxd from constructing... any Improvements upon say drainage or utility easernent~areas'as shown on the Prat of L•nglevvood Creek Estates Subdivision or otherwise designated in say recorde doucment which would interfere with or prevent the easement from being, used for such purpose; provided, however that the Owner of such r Building Lots and the Grantor, Assoustion or designated entity with rrgard to the ladscaping easement descnbed to this Article X, shall be entitled to install and,maintain lnndscapiag on such easement areas, and also shall be entitled to build and maintain fencing on such casemer-t areas subject to approval by the , Board, so long as the same would not interfere with or prevent the easement ' areas from being used for their intended purposes; `Provided. that any damages sustaint:d to Improvements on the easement areas as'a result oflegittmate use of the easement area shall bathe sole and exclusive obligation of the Owner of the Builiding Lot whose Improvements were so damaged. • . ARTICLE XI: MISCELLANEOUS 1 I.1 ~. The easements created hereunder shall be perpetual, Subject only`to extinguishment by the holdersa (such casements s, provied by law. Ttx covenants, conditions, restrictions and equitable servitudes of this Declaration shall run tmtil iikeember 31, 2027, unless; amended'as herein provided. Alter December 3l, 2027, suc~- COVENAMS, COWITIONS AND RESTRICTIONS - 24 4 } dkerkatl!•agte~ood cMt. . ., i y. ~.: 4: ~_ . ;. t, ~~ ~.. covenants. conditions- and restrictions shall be uttorratically extended for '~ ~ _ periods of ten (1~) y~ each, unless amended~or extinguished by a writtea-:h~Tiitd,~ '' -'~ ' - p~ocutcd by Members holding at least thr+eo-fouths (3/4) of the voting power otthe Association and such writtrn instrument is recorded with the Ada County Recorder. Further provided that. the Assocaaon shall not be dissolved wrthatrth ,the prior written approval of the City of Boise and Ada County Highway District. such consent not to be unreasonably withhdd~pnavided that a responsible successor orgAni»tion shall agree to perform those mnintenanex repsonsbGties arising from applicable city anti county.. governmental requiresnents.~ 11.2 Amendmen • - . - 11.Z.1: $~L~I• Except as provided in paragraph l 1.2.3 below, `'until the n~cordationof the 5rst deed to a Building Lot in the Property. ~ provisions of this DeclaratIom ,may- be amended, modified, clarified, s<rpplemented, added to (cotlectively, "amatdment"} or termissatod by Grantor by recordation of a written instrument setting forth arch amendment or termination. _" . 11.2.2. B~Ow~: Except where a greater percentage is required by %x~ress provision is this Declaration, any amendment to the provisions of this • Declaration, other than this,Article ?U, shall be by an irotrument in writing signed and acknowlodgcd try'the President and soeretary of the Association certii'rying and attesting that such amendment has been approved by the vote or ter more -than sixty-seven percent (67%). written consent of Owncra rep errting of the votes in the Association, and such amendmenrt shall be efi'ective upon its reiordafwn with the Ada County Recorder: Any amendment to this Article XI shall require the vote or written consent of Membefa holding ninety-6ve percent (95'/0) of the voting power of the AssociaUOn. :~" 11.2.3 Effcc of__Amt~lms~S• AnY amendment of this Declaration approved in the manner specifted above ~~ be binding on and effective a' to ' all t3wners ad their respective properties notwithstanding that such Ov~rteets may not have voted for or consented to such amendment. Such amendments may add to and increase the covenarts, conditions, restrictions and easerner+ts applicable to the Property but shall not prohibit or unreasonably intcrf'ere with the allowed uses of such [7wnet's property which existed prior to the said amendmert. 1 L2.4 A~ ~*t~on of Addition~l~• - Declarant reserves the right to annex ar,d include additional areas into these Declarations. Declarant may annac said additional areas by recording n "Notice of Annexation' with the. C(t•~nty Eecorder of Ada County specifically describing the additional property to be annexed and reffering to these Declarations and spoci6rally CpVENA,~iTS, COiI~TDITIONS AND RESTASCTI~NS - 25 ~ ,. d4ale~tlEnatewooJ Cn~k ~. .y f 1 -t stating any other or modified or additional restrictions that apply to the additional lands. Upon recording"'of the Notice of Annexation. these " ond" and. Restrictions shs11 apply to tF.e additional lance •,.•; ~ ~ : ,~ _- S' ..x_ 'a ., ~: Cpvtnants, C tttons added to or modified. by the Notice of Annexation) as if the additional-land: were originally `covered herein. Thereafter, the rights, privileges;- duties and f'tabilites of all patties with respect to the additional (ands and the lands dpcrtbcd herein Mn11 be gove:n~ by these Decluations and. the Notice of Annexaticm'ss if n11 had been done originally. 1.1.3 Mortaaste ProtecSi4D. Notwithstanding any -other provision of this Decl~retion, ~ ~teadment of thia Declaration shall operate to defeat or render undid the rights of the beneficiary under any first deed of trust upon a Building Lot made in good faith and foe value, and teco{ded poor to the recordation of such amendment, provided that after foreclosure of any~such first deed trust°such Building i.ot s}iall remain sub)ed to this l}ectuation, as amended. 11.4 Ngti~. Any notices pernitted,or roquired-to be delivered as provided herein ahari be in writing an may be delivered etriter personalty or by ~~. If dclivtry is mail, it shall be deemed to have been delivered sevesttY two (72) hot>rs after the- rrtade by led in the United States mail, postage prepaid, addressed to arty ` same~as been deposi ~~ addressed to any person at the address person at the address given by postage prep - S~ by such person to the Association for the purpose of service of such notice, or to . - the residential.... address in the subdivision of such person if no address has been given o the Association. Such address may be changed from tutu to time by not'tcx in welting to the Association. 1-1.5 `F•i1~••'.••-,M,t find Non-Waiver. M o LLEnforcetit~• 'rho Dxlarant, the Board, the 11.5.1 &t~ ` Neighborhood Association or any Owner shalt have the-right to enforce, by any proceeding at law or in equity, all restrictions, conditions. covenants. now or hereafter imposed' y the provision of reservations, Gees. and charges covenant or restriction this pectaration. Failure' by any entity to enforce any herein containgod shall in no event be deemed a waiver of the right to do so thereafter. - Nothing •containing herein "bhall be construed as an obligation of the peclarant, Boud, or Englewood Creek Neighborhood' Association to enforce ` any' of these CC~t.R's. Neither Declarant. Board nor Englewood Creek Naghborhood Association shall have any Gabiltty of any, kind_to any`per~on or 1.ot Owner for failing to rnforce any of these CCdtR's. ~, ~. COVENANTS, CONDITIONS Arip RCSTRICi'IONS • 26 E4esle~llh+Slewved Crt+ck ' 1~ ] ].6 s ~~ors and Assuan. AA re!'erenexs lt~reitt to Grantor. Owners, the shall be construed to include ell succasor~. assit~+- p~~ and Association or person authorized. agents of such Grantor, Owners. Association; yr person. - tN WITNESS WttT.RROF, the Grantor hereto have-set their hartdsZhis . ~~ ~ _ day of lNh-L 1997. - Englewood Creek Development. Corp. 9 . ;, • RCarahbhai K. Patel, President . _ _ ~ STATE OF 1DAti0.) • ~ (ss. ~ s ,.. _ CUUNTY OF AUA,) . n~ 1997, befog me, the undersigned a Notary ~~ - ~ on this 9- day o _. or ideMifkd to • " Reovabhai K. Patel known Pvblie in and ter said State, lY aPP~ed a~ Idaho Corporation. me , to the President of Englewood Creek Development"Corp•• to me that he . . - whose.nartie is subsc~~ed to the with in instrument. and acknowledged . - • acecuted the same. ~~ ot1'icial .::_ ]N ~IfITNESS yy~ttEOF, have hereunto set my hand and ai]'uced try ` seal the day and year in this certificate first above written. ~ ~(( .: t ~: ~ N QY J .a ~ 1 0771AY ~8 STATE pp I C ~ tiry ca~~~ ~~ ~ My Commission Expires: ~ 32~~ .. ,. ! , ,.. _~. .. COVENANTS, ~CO~NDITIONS AND RES'IRIC]'IO~S - 27 . dttesled~'c>fle~ood ~.. t . ~ ' ~ Z .~ r ~~la- - ~I ~ ~. +-~ . ")EXHIBIT A" col dtscriptton for F.agle+rood Creek F.atates Subdivision Nat . Lots t-9 of Block 1, Let, l of Block 2; Lot 1 of Block 3, io~t~ Creek Fatales `sioa Noal. I S Lots 1-S of Block and Lots t-4 oCBlodc 7, ell ofEngl Ada County. Idaho. ~ ' ' ~ For construction purposes any lo~a designated as common areas and those containing rho Nine ~` ~ Mite Droi~ are excluded as lots needing to melt the muumum comttuction ralu'nernents. as there . _: will be no comtruction on them. Lot 1 of Iitodc S is to be used by Meridian Water Dept. for the . ~~ ~ ~ purpose of drilling a water well. ;~ - r ;. ;, _ _ 4 .. a ' f s.~i; ~ > . ` ~ ~ t ~ z ~ . i t r. 1~, . . _ ~9 ~Otl52~f J - DECLARATION OF SOLAR COVENANTS, ~ ~u~ CONDITIONS AND RESTRICTIONS ~ ,~ J~ti P~ FOR ENGLL•WOOD CREEK ESTATES SUBDIVlS10 ~Q .. r~E _~/ .+ G41 . HECe .:..: '' ' .~1EST OF This Declaration, made on the date hereinafter set forth by Englewood CE Development, Corp,., and Idaho Corporation, hCereinafter refemd to as"Declarant". Y r WITNFSSETN. . WHEREAS, Declarant is the"'owner of•cextain property in tho County of Ada, State of Idaho, known a, Englewood Creek Estates Subdivision, which is more parc;culnrly described in Exhibit A attached to the Covenants, Conditions and Restrictions- for Englewood Creek Estates Subdivision of which these are a put.. .-. ~ gttTtvFCSETH - NOW.'THEREFORr., in recognition of the economic and environmerttal:benefits of solar energy use. Dednrattt desires to provide for the preservation of solar access in the ,~ subdivision aced to that end desires to impose, in the form of covenattts,'conditions and - ' ~ - . _ rgtrictions running anth the land, s general scheme ~ of solar access protection upon the . ~- '`- ~ ~ ownership, use and occupation of all lots theran which shall be binding on cell parties - ° ,t' - having arry right,. title or interest in the described properties or any part thereof, their heirs, succgsots wad assigns and shall inure to the benefit of each owner thereof. ' ARTICLE I SOLAR ACCESS DEFINITIONS A. Exemvt Tree: Any preexisting vegetation as defined in Article u Section B or arty vegetation including. on the list of solar friendly vegetation kept by the City of Boise's Public Works and Community Planning attd Developiritnt Departments. B. Front Lot Line: The line represented by the crtnnection of the most distant corners of a lot; including Ilag tots, where said oornecs are in common with the boundary .:. of a public. or private road. For comer lots, the front !ot line is designated on the plat. - C. ~I tth Slofle: The gradient, in percent stage, from the average finished grade of the front dot line of the shade restricted lot to the average Snished grade of the solar lot Line of a solar lot.. The slope must be downward or decreasing in elevation frotrt - south to north . ` t ' - A tree or ..other vegetation which Is either",. D ~~~ .~~ evergeen, or if deciduous, tends to retain its leaves late in the tallµandJor drop them late in the spring,°or has a dense branching pattern -vhich generally tends to block a high level ofr DECLARATION OF SOLAR COVENANTS, CONDTTZONS,•AND RESTRIC'T'IONS • I d/aalatlm=lew~ood crcelc :" . - i ` season. Refer to the Cist oC'~olar friendly" trees on file ~ ` ' the sun s rays during tAe heating, with the Boise City Pub1'~c Works .and the` Community 1?tartnittg ~ I~evefoprnent 2KttrtetlL.t e ' ~ = - i_ ,: i:.' - ,. :~~ `~. 'i, ., ,• i• I- t. ;: Dep ~` _ the shade point of~ sttyGtL'k g, ~C That portion of the shadow cast by or vegetation excadin8 an 11. S foot point at ..the solar lot Gne at solar noon. January 2l . F. ~~~; 'that part. of a structure,"•tnx of other. object,"on a :bade restr~ictod lot, which casts the longest shadow (the most northerly shadow) when the sun is due south on January 21, at an altitude of twerrty-stx (26) degrees above the horizon, accepts shadow caused by a narrow ol~ect such as a chunntY, arttettna, utility pole. wire.., etc. _ r, Shade PointXsi~: '~ vertical distance or height meaatir~ed from the ntt is located at average elevation nt the solar lot line to the shade point. If the shade po the north end of ~ ridge line of a atructuro oriented within 4S degrees of a geodetic rtoctlt- south line. the shade point height computed according to the precedin8 ~ may ~ die aat- reduced by 3 feet. if a structure has a roof oriented within 4S degrees of a good . eel (vertica>) in 12 feet (honronta~, the. west fine with a pitch which is flatter then 6 t shade point ari11 oe the cave of the'roor !f such a roof has s pitch a-ltich is 6 feet in CZ feet of steeper, the shade point will be the peak of the roof. . • H $b~olts~ Any lot within the subdivision-that is southerly of _ and adjscrnt to s solar tot. These lots have some restriction ost vegetation types and structure height.. I ~~~endly Veaefati~: A tree or other vegetatan which is included on the solar friendly vegetation fist kept by the City of t3oise'a Public Works and Community Punning-`and Development 1?epartments. J. S91t~i: A lot which has the following characteristics: 1, - The front lot line is oriented within thirty (30) degrees of a geodeticeast/west bearing: .- Z, -The lot to the immediate aouth_has n north slope often (10) percent or less; 3, is tnendcd for the construction of an above. ground inhabited structuro. rotas Lot Liner The most southerly boundary of a solar lot: the line K. ,~.~.---•--- created by connecting the most d'istart southerly corners of the solar lot. DECLARATION OF SOLAR COVENANTS. COND1T1ONS AND 1tESTRICTIONS -Z dlrale+f/es+alc+-aod a~ _r .;. r~ :, ' - - i. ~SUred perpendicular in a L. 4n1~ ar SdbaC~54: The minimum distances. southerly direction, fmtn the ~~ of the solar lot line to the shade point of a suucturc or on the shade restrict ,ot. ~: ' ~ ~ - '~ to restricted vegetation basod upon its height at maturity ~.=~ - ARTICLE Il + SOLAR ACCESS COVENAh'fS• CONDITIONS AND RESTRICTIONS A. ~hs<dS~~; Each lot within the subdivision ~ which is classiticd as a Shane Restricted Lot shall have the following restriction: Any struMuro or restricted er than an imaginary Cence 11.5 cannot cast a shadow high a of 26 vegetation (solar tmfriendly} }, _ _ t feet above the solar lot line on solar noon of January 21, whoa the sva is at an angl degrees above the horizon. <?his"sun angle at noon on January 21 causes structures, errs to cast a shadow twitx as long as their height. The height of vegetztion and other obj . the shade po1M of a structure on the d,~d -'•-`'n~~ 1 t is limited to 19 feet at the 1S foot 'solar fencd' at the north rear yard zoning setback-in order that the 11.5 foot high lords assure that`s property line of the Shade Restricted Lot is not acceeded. Thy stan structure built to the 1S for rear yard Zoning setback, on the Solar Lot located to the ort adfl not be shaded more than 4 fat above grade on its south wall on January 21 at n ~ - solar norm. B. :.-vr,,.t»ri_stinQ Vestetati~: Restricted vegetation' (solar unfri~ y)co~-en Tatted is exempt from the provisions of th . crusted when the subdivision wasp and the allowed. shade ..conditions and restrictions. -Any lot which would be shadod bey limit bysuch vegetation shall not be classified`aa a Solar Lo~~ grade. slope along the- ,~ . C, ~,1 -xem ion: Any lot with average , north-south lot dimension greater than ten (10) perceat.shalt be exempt from the tetmK and condition of these covenants, conditions and restrictions. D, $otar_~etback: each separate structure and item of restrcctod vegetation dent on and calculated by its shade point height: A11 shade.' shall have a solar setback depen Shade restricted lots s1u11 have the following. solar setback: Solar Setbac lea; of solar setbacks Point Height Gn fat) - 11.5'] x 2. Table 1 below shows a few examp forgivtn shade point heights: ~ ~ ~ , TABLE 1 SOLAR SETBACKS REQUIRED FOR A GIVEN SHADE POINT ~I~T ' . Solar Shade Point _ .. r..~Shi-- F ` 0 .. t0' ECLARATION OF SOLAR COVENANTS. CONDITIONS AND RESTRIC'T'IONS - 3 f D dhaaleet/enal~~ crak i i, ~-., .) ~+ ~.. i ~;. .~ .'. 1s' _ LN .,. c 25' ZT ~ -~ 3d' 37•. T" ~g1ar Fil~ndly V~getnEion: Certain vegetation is ocr~eidered "solar friendly" and is not restricted in regards to location on individual lots. Such vegetation is deciduous, dropping its leavd during early fall and regaining them "during .late spring. . branch' which allows a high level of sunlight to r .. 33~ . 3 - _ e Such vegetrt~on also has sparse mg ~ penetratcthrough. This growth cycle produces shading during sumirte~ but allows sun to - penetrate during winter. A Gat of acceptable solar flriendiy trees',, maintained by the Boise City Public Works and the Community Planning and Development Department-t• , a ARTICLC III , SOLAR ACCESS RIGNf S, DUTIES AND RESPONSIBILITIES _ p The owners) of solar lots shall have a right to unobstructed solar access ie accordance with thex covenants, cocditions and restrictions. " B, ~laL~ Acr_i!es buttes: The owners) of any lot shag not build, install or,~. otherwise allow a structure or non-solar friendly tree on that lot to cast mom shade at . their solar lot Gne than perm'stted under these solar access covenants. restrictions and . Co11d1t10r13. ARTICLE IV "~ MISCELLANEOUS. A_ • F`fercxyntr+~- xn~ Non-WarYSr. Arty lot owner, oc h6meowner association, whether or not directly effxted, shall have the right to ertiforcx, by any proceeding at taw or in equity, any violation or threatened violation of a provision of this declaration `The failure of any person to enforce arty covennn or restriction herein contained shall not be deemed a waiver of the rights granted herein. Waiver of one breach don not constitute waiver of any other breach. There can be no waiver of the right to solar accessa~eated by this Declaration. ~ ; ~ "- g, ~: Invalidation of any one of these covenanU or restrictions by judgment or court order shall in no way effort any other provisions, which shall remain in toll force artd effect. C, rh+**tion and AnolicabilitY to~uccess~: This Declaration of Solar Covenants. Conditions and Restrictions shalt be in eil'ect perpetually. shall nrn with the DECLARATION OF SOLAR COVENAN'T'S. CONDITIONS ~ RESTR1t+TI0NS~- 4 dlrcatatla>:kwod aer! z .~ i~ ;~ t; {: L ~. ~. land and shall inure to the benefit of and be binding upon the Declarant and all lot owners in the subdivision snd their successors in interest. ,~~: r,~_ I = ~ _- D. This Declaration of Solar Covenants. Coaditils_~d Restrictions msy be amended by the vote or written consent of the owners of a majority of . the Iota in the subdivision sitected by p~ch amendment PROVIDID thc'amendment a) does not reduce the amount of solar access protection provided to the subdivision; and b) the amendmcn4 is approved in writing by the City of Boise. . 1N ~R'TNESS WHEREOF, the undersigned, .being °the Declarant herein. has caused this insttumatt to be executed this ~, day of Dirt t. 1997. Englewood Creek Development Corp., an Idaho Corporation p By. Rewsbhai K Patel, President S?'ATE i7F IDAHO, ss. _ CO(INTY OF ADA ) On this (~ ny 1997, before me, the undersigned a Notary Public in and'for said Stag pcrs ly appeared Rewabhai K 1?atel known `or identified tome to be. the President of Englewood Creek Development Corp., an Idaho Corporation, whose name is subscti'bod to the within instnsrttent, and acknowledged to me, that he executed the same. 1N WiTI`'ESS WIiEREOF, I have"hereunto set my hand and affixed my ofliaal z set! the day and year in this certificate first above written. r~ PEaC~Y J..1AC08CON N ! for I o ~ (VOTARY PtlBliC ~ ~ " Residing in Boise, Idaho STATE OF IDAHO a My Commission Expires: Ca++n+Mdon t~plns sue. DECLARATION ~OF SOLAR COVENANTS. CONDiTTONS AND' ItESTR1CTI0NS - S d/traiettkn{tleooo~d ate! _ ~ a .. ~~~,.• r.. A ~~ .:. c ~ . ~ ~ ~~ d "EXAI8IT A" Legal description for Englewood Creek Estates 3ubdivlsioa No.1 ' Lota 1.9 of Block 1. Lot 1 of Block 2, Lot 1 of Biock 3, Lots t-Z3 of Block 4~ Lots 2-4 of Block _ - t S. Lots 1-S of Block end Lob 1.4 of Block T. all of Englewood Creck Estates Subdivision No. 1. • Ada County. Idaho: For construction purposes any lots`deaignated as common areas and those containing the Nee Milc Drain erc occluded as lots needing to meet the minimum construction requirements, as there will be no construction on them. Lot 1 of Alock S is to be used by Meridian Water Dept. for the. . purpose of drilling a water well. ;.. ,~~-. - ~~ ~~ • -- 1, k 1 .: l ~ .a r .a-.: ,. L 3 x6082819 ADA C~:. Z~CORDEP. ` .I. DA'.10 t~V i?RO ENGLEWOOD CREEK ESTATES 301St l0' ~~h~'L DECLARATION OF COVENANTS, CONDITIONS, AND RESTRI ONS `96 OCTr 3 P~1 5 ~ Dated: June 20, 1996 X26 n- Recorded: - -.fEE-~ --- oEr ~ Instrument No.: ~ RECOFD'cD r'.T iH~ f EST OF The undersigned, tieing the owners of the property hereinafter described, hereby Zdopt the following protective covenants in their entirety tv apply to real ,property subdivided and contained in an estate to be 'mown as ENGLE'.~1O0D CREEK ESTATES, being a portion of Government Lot 1, Section 3, T3N, R1W, B.M., Ada County, Idaho. , - ~ r ENGLEWOOD CREEK ESTATES is subdivided into single .`famiIy residential lots in compliance with the-local and state regulations and Laws. The following covenants shall run with the Land and be in force and effect for thirty (30) _ years hereafter unless sooner terminated by agreement of the owners of seventy -five percent, (75%) of the lots in the estates and are as follows, to wit: . (1) No building, fence, wall, -structure, improvement, or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval there containing the plans and specifications thereof inchuding exterior color _ - ~ - ~ `schemes, has been approved`in writing by a majority of the Architectural Committee or by ...its representative designated by a majority of the Committee. The approval ~of -.the Committee shall not be unreasonably withheld if the said plan and specifications are for improvements which are similar in general design and quality, and generally-in~harmony with the dwellings then located"on said property. The floor area of a one story. house in this estate shall be a minimum of I500 square feet. and the ground floor area of a split ,entry or a rivo-story house in this subdivision shall not be less than 1000 square feet having a~'total of a minimum of 1800 square feet. No residence shall be in excess`of two stories.. y AlI area requirements shall be e:~clusive of tho garage area and shall be well constructed of goad quality material :and work.~nanslip. For the purpose of ~thesz, covenants, eaves, steps, and open porches shall not be constructed to permit any portion of a building, on a Iot'to encroach upon any other lot. All buildings shall be „provided with architectural type shingle roofs or `a similar alternate approved bythe Architectural Cgmnittee. .. s. Fences shall not exceed the height of 6 feet on any lot and slail not exceed the height of 3 feet within 20 feet of any street without express approval of the Architectural Committee, and the City of 11~ieridian, and shall be properly finished and maintained.,. No fe.^.cing or obstructions shall be built within the Nine lY(ile Creek easement. Englewood Creelo'CCIt 1 • The locatiomof fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere'' with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or .. nuisance use. The deternnination of the Architectural Committee shall be binding on aU parties as to whether an undesirable, noxious or nuisance use exists. - At least ten (IO) days prior to any4construction being commenced, two sets. of plans and specification shall`be submitted to the Committee. Eoth sets of plans shall 6e marked with any pzrtinent comments, dated and receipt acknowledged by the Chairman of the Committee with one set returned to the ovmer u-ahin five (5}working days of receipt. (2) No building shall be located on any easement or Iot nearer to the front lot line _ or``nearer to the side and rear lot lines than tl:e minimum building setback distances as set forth in'the Meridian Zoting Ordinance, however, in anyevent no building shall be located on any Iot nearer than twenty (20) feet from the front lot line and fifteen (15) feet-from the rear .line nar nearer than five (5) feet per story. to any side Line. w - (3) Ccnstruction of any residences in the subdivision shall be diligently pursued. after commencement thereof, to be completed within one (1) year, including landscaping: ~ ~. `: . Each house, shall have at Least one ornamental tree of at least 6 feet in height in the . - - . .front yard and at Ieast `one evergreen tree with a minimum of at Least 2, trees total.:. All .: . . - ~ . ~ - lawns shall be installed with an undergound sprinlder system. - (4} No building shall be moved°onto the move prenises. -. ~ . - , (5) No shack, tent, or trailer house shall be used within this subdivision for - - permanent or temgorarraiving quarters. - . - - (6) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted ,- or carried on nor shall anything be done or permitted in said subdivision which may be ~ an ~- annoyarice or nuisance to .the other property owners' in said subdivision. AlI homeowners shall sod the front and side, yard and be maintained to a maximum of 4 inches high. } (7) Keeping or raising of farm animals or poultry shall be prohibited. All dogs or . cats: or, household ets ke ton tine remises shall be properly fed and cared for and shall ~ } be adequately fenced so as not to annoy or -respass upon the use of the property of others. - Dogs shall net be allowed to run at larger Not -more than two dogs, cats of other pets`may be kept at one time, except that a litter of young maybe kept until 8 or nine weeks old. 2 Englewood Cree~;lCCR ~. . ~ ~ .~ No business shall 'oe conducted on the above property. No signs shall be installed to advertise any business. No oil e,Ypioitation de•~elopment shall be pesznitted.upon the lots in this subdivision.. (8) Only one outbuilding per lot will be allowed.. All outbuildings .shad be constructed of good quality building material, completely finished and painted on ~ the outside and shall be of good quality and character.that will be in harmony with the other building on said property and must be approved by the Architectural Committee. (9) Easements for installation and -riaintenance of utilities -arid drainage facilities are reserved for the areas as shown: Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change,the direction of flow of water through drainage channels in the easement. Easement areas and all 'smprovements on them shall be maintained. continuously by the owner` of the lot, :.except for those improvements for which a public authority :or utility is responsible. (10) All bathroom, sink and toilet facilities shall. be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe . to the public sewer service. ~ ~ - (11) No sign of any. kind shall be .displayed in public view on any building or - - building site on said property of .more than ~s'Ix square feet advertising the property for a - ~ sale or rent, =or signs used by the :developer „to advertise the property- during the ~- ~ ~ construction and sales period. If a prop~rty is sold or rented, any sign relating thereto _ shall be removed immediately, except that the Declarant or its agent may post a "Sold" . ~ ~. sign for a reasonable period following the sale.. (12) No lot or building site included within this.. subdivision shall be used or maintained as ..dumping ground far waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc. shall be maintained in a sanitary and clean -condition. Parking of boats, trailers, motorcycles, trucks, truck campers and like equipment, or junk cars or other unsightly velucIes, shall not be hallowed on any part of said property r~or on public- ways adjacent thereto excepting oily within -he _c anf DTO.ect beyond the garage, to ocher approved enclosure, and no portion of same ~ of the ro ert shall enclosed area. Parking oi' automobiles or other velucles on any p P P y . be prohibited except within garages, carports,. or other approved areas. The ASChitectural Committee shall be the sole and exclusive judge of approved parking areas. Their decision shall be final and bindiRig. ' No machinery, building equipment or material snail `be stored upon site until the Grantee is ready and able to. corrunence the :construction with respect to such building 3 Englewood Crzek~'CCI'. .~ :.:. upon which such building material. shall be placed within. tl•.e property line of such building site upon which the structure is to erected. (13) Installation of radio andlor 'television antenna is7, prohibited outside any building without written permission from Architectural Committee.. (14) These covenants shall 'run with the land and shall ~be binding on`aIl persons owning under them for a period of thirty (3d) years from .the date of the recording hereof, after which time such covenants shall be automatically e:ctended for-successive periods of~. ten (10) years, unless at any ° time after the initial recording of this instrument, an instn:ment ,signed by the owners of 75% of the lots of the subdivision has been recorded agreeing to change or terminate-said covenants in whole or in part. (I5)Itight„of Enforcement: The power ar.d authority from time to time, in its own .name, do its own behalf, or on behalf of any. owner or owners who consent~thereto, to comme--^.ce andmaintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration or the articles of incorporation ;or by-laws, including the Association rules adopted. pursuant to -this Declaration, and to enforce by mandatory injunction or otherwise all provisions hereof. .~;~ Any owner; or the owner of any recorded mortgage upon any Bart of said property, .shall .,have the .right to enforce, by any proceeding at law or in eduity, all restrictions, conditions, covenants, .reservations, liens and charge .now or hereafter imposed by the provisions of this Declaration. -Failure by owner to enforce any covenants or restrictions herein contained any shall in no event be deemed a waiver of the, right to do so thereafter. (16)_ A committee of three persons shalt act as an architectural design committee. and sizall, prior to any new construction in the subdivision, be furnished with detailed plans of any proposed building to be located in said subdvvsion and shall be allowed fifteen dzys to review said plans, drawings, and specifications. If said Corr,mittee shall approve `of the ~. proposed building, or any modification or alternations thereof, they shall so indicate and their approval shall be construed as full compliance •Nith the, provisions of Paragraph T of the original Cavenants, said Committee shall have sole discretion to deternune what-shall be substantial compliance .with said. covenants. No buildings sha]l occupy any portion of said subdivision without the approval of said conurittee. - . The initial corrinuttee shall consist of the following: . 1. Ray Patel 2. Rick .Thurber " ~3.. Karshan Patel ' A iV~fajority of said committee is err.cowered to act for the committee. In the evert any member of the committee is unable to act or fails or desires not to act, the rema-nin3 :rv 4 r ~, Englewood CreeklCCR r committee members shall appoint an¢owner of a-lot in said subdivision to serve on-said committee, alI of whom will serve without compensation. ~ - (17) Invalidation of any one of these covenants shall in no way affect any of the other provisions which shall remain in full force and effect. - - ,~,~• •y: .""~~'tr 9 ~ 9~ ~O. r ~y ,~~ A •o C (~ +~w Englewcod CreeVCC-R (18) A Hcmeow.~ers' Associationshall. be duly formed by the .developers. This association, in the form of a` non=profit Corporation, will be for the purpose of owning, mainiairung and operating an `irrigation distribution sys.em for the subdivision and maintaining common areas as deI'meated on the plat. Said Association to be responsible for light maintenance of storm drain. facilities and... ACRD will- be responsible for heavy maintenance. Membership rn athis Homeo:,~mers Association shall be -mandatory and r continuous by all current and future property owners of the subdivision. Mandatory dues, ~~~ levied on each homeowner, will be paid to the Association. Said amount to be deternuncd by the Association and changed from time to time as needed. Said association to- be - dedicated to .the welfare of all property owners. in the- ErIGLEWCOD. CREEK _ ESTATES. - - _ .. - -. - .. { . ~ k ~ the E1~IGI,;EWOOD Ln 1A'itness Whereof, we, the ~undersigned~ owners- the property CREEK ESTATES have hereunto set`our hands on this 27th day of September, 1996 ENGLEWOOD DEyELOPMENT, INC. - l~ ~C" President „ ~. - ' ...STATE OF IDAHO )' ss. - - - - _ - COUNTY OF ADA °) _ w L , .v > . . this .:A ~ .day of... 1 h 1996, before me the u ersigned, a Notary On ~_ ~ eared Q ~' Q~P ~ Public in and for said State Of Ida o, personally app and acknowledged to me•that they executed the wrthui instrument for and in behalf of said Corporations. ~ ~ ~ ~ - In witness whereof, I have hereunto°~-set myR Band rand sealy the day and year in this certificate first above written. ~'° .~ .~ _ - . ,, ~ ,~~~..+11+"'B'°~~,,, ~, Notary Public of Idaho ,.~ ~,,..,~ Ra ~., Residing at Loise, Idaho ~3lavse _ - ~, AFFIDAVIT REQUI:STIN(~ NOTICE OF CHaN(~F ON 'THE I'LA'1' - F.NCI,Ii:WOOll CRh.F;K NU. I State of Idaho k ~ . ~ - 5a . County of Ada I. Gary U. Smith, a liccn~ed ProfcssiunaiJ~Engincer by the State"nf Idaho' xnd City Engineer for the C'sty of Meridian, Idaho, do hereby cequcsC a change be male to the Plat of Englewood Cretk No. - 1 as recorded on .pages- 748!3. 7469, and ?490 of Buvk 73 in the Ada County Reconier's Uffice. -" ~ The purpvse `of this affidavit is to request that the Ada Caunty Rec:orda make notation nn said plat ° changing:. a street mine - as approved by the .Ada Caunty Street Naming Cotnmittce on Mazch Z{), 1997. We emphasi~a that` this~is nat` a carrection to said plat - simply a change in slrec! name. This request chunge vn the plat is as foilaws: Un Shcct No: I of said Iilat the street named Notth Saintoin PI. is now North Burley Pl. - ~~~,~oPeafls~ .9703y2~9„ f v~ G1MFf4 0 Gary D. Smith, P.F Idaho Proiesslonal Englaee ~ 2245 ~ ;,;1~r.- . '_~;L'fif~r:f: l.ieense No. 2245 ~, ~f ~' ~. ;!!.:'lip : ;:'%•~1:~'J F ~a _ - c'~yOEAH S~~ti~ yc3~)i~i~ IJ Ci~~-6 ~'ti~Q.r~ State of Idaho 9? ~IiIY . 2 PFl 2 39 County of Ada FEE ~.~ Gi.~ t:"'4; +T tii~ RE. UE T Cf On ibis _~ day of ., 1997,'hefo~:r'~c. ~tc undcrstgtzc~ natary, public in A xnd fur said State, personally appeared Gary D. Smith. P.B. known to me to be the person whale name issubscribed to the- within instrument and acknowledged to me that he executed the same. Iy WITNI.S.S WHF.RF.t)F, [have set my ,hand and` teal the day and year in this certificate Grst above wiittem• •~.•• .~~•~G~I L~~~C%, , i -> UtAR` .~ r f Notary- I'ubi nr. IYJ r ~ ,` = - °A • Residing at " ~` ti V Q ~~G My Commission F•xpires ~ " ';,sr~ ~,~~ 1040, ,• 'r „ ~~..,.,,, .- - - .:. .. _. _ . , /~ v • ~ ~ s I ~ n~ .. - ~ • i AFFIDAVIT RE(~UESTINC NU'1'iC1r: OF CIIAN(:1: OIV'TH1•:1'LA'TS OF ~ _t' T~IRCI,1C11'T ESTATES AND ENGLEWOOU CItF.F,K NU. 1 • - ~, ' ~ 1 is State uC 1Jahc~ ,- t:uwity of Ada ~ , RR~~~~Nn¢¢hAt~~ r ., 1, Stcvcn R. petcrson, and 1, Refit K. Patel do hereby rcyucst a change be made to the . Recorded Plats ol'rirelight Estates, as recorded o ~k No'I gas recorded on Pag S 1488r7~89 Land Ads Cuunty., Kccurder s office, and Englewood C ~~7490 uC Bouk 73 of Plata at the Ada County Recorders C)fiice. 'I"he purpose oC this affidavit is to request -that the Ada Cuunty Recorder make notation nn said plus changing a strrct name -- as approved by the Ada Cuunty.- - Strcct Naming Committee on Man:h 20. 1997. ~Vc emphasis that this is not a correction'to said- plats -- simply a change in street name. Further more, we are - 'executing this document in the manner prescribed by the Meridian City Department of Public Works. ~ ~ • } •~ Titc iequestcd: change on the plats is as follows: ~ , Un Sheet Nu. I of said plats the street nautcii North SainCuin~Way is uuw North 13urtcy Way. g7tl31aU~~ _ .i . Steven R. Petersen, t7evclnper 30tSL' IU 1' icelight Estates , ~yt 5 _ ~ '9? f~P1~25 Eil`I lU 1E1.. - . _ .. -sTATr; ~r• mAI u) j FcE Ss~- ~" ,.. - j ss. ~ ;,; tin. ~._as~st cr aECOG~.u ~> . County of Adam ) - - 1, t~ ~l~r+ Et.U ,Notary Public in and for the Statr uCldaho, dc~ hereby certify that Steven R. Petersrn • known ` ~ un this ~ day ~~ ~~'~ ~ 1997, personally. nppeared before me ~ to me to be the individual described in and who executed the within' instrumen! and aekn~wledged , • to me that he signed the same frc:c and vulurUury pct and dcui Cor the uses :end purposes herein - mentioned.' -- 1l~ , 1.997 . given under my hand and official seal this ~ daY of ~ ~ . - . . ~ {.~'fL ~. • .• r ••,~ SSA- Notary ublicr,S . • ~ypTA/~ ~, S= Residing at, ~4+SL . Idiho . 1 ~ * ~ ~•~ s # ~ My Commixsian expires A~~•Y,_2, Z~~U ~ ~. ~ s ~ A U U I.~G t ~o -j : s~ • ti .. .. .•O ', \ n ~~ n ~~ _. ENGLEWOOD-CREEK PRELIMINARY PLAT PROPERTY OWNERS WITHIN 300' ,ri ~~ ;°, A~ - ; ~,° E 81277400040 86876950140 ,~ ~ ~ ~- ~-~ CARSON CORDON TODD&~~ PARKWOOD•MEADOWS Homeowners ELISE ELMER • ~ Association. 2887 N HEARTH AVE MARK MONTIETH MERIDIAN,, ID $3642-4121 PU BOX 783 = ~~~, . ~ MERIDIAN ID 83680-0783 81277400160 ~~~ W MIRAGE CRT MADER- S J & C A AND. _ ,R MADER R =F & KAREN, ;. 3118 W RAVENHURST ST MERIDIAN ID 83642-4120 81277400050 ~ ~~z ~~ WHITWELL RONALD J & RHONDA L 2859 NHEARTH AVE MERIDIAN.ID 4 83642-4121 812?7400062 LONG LESLIE L & -LORI M 2833 N HEARTH AVE ~. MERIDIAN ID 83642 x ~;•. 3157 W RAVENHURST ST y 81277400072 WOOD DAVID E & -JULIE K .. 3157_ W RAVENHURST ST .. MERIDIAN ID x $3642 3123 W RAVENHURST ST 81277400082 VAN GERPEN DERIC AND °DICK VICKIE L :> w= ab k 3123 'W RAVENHURST ST MERIDIAN ID 83642 86876950150 ~. MOHR THOMAS & DELLAIRO- DEME 3138 W MIRAGE CT MERIDIAN ID 83642-4127 86876950130 MALONE BARBARA F & RICHARD E 3156 W MIRAGE?CT ,,, MERIDIAN„ ID 83642-4127 86876950120 KURLINSKI JOHN B & BARBARA J 3151 W .MIRAGE CT , ~ ~ MERIDIAN ID ..83642-4127 86876950010 -~ d SMITH BRYAN PAUL & SHANNON MARIE 3180 W FIELDSTREAM DR MERIDIAN IDS .83642-4130 °, a .. 51203122400, ASCHENBRENNER LEONARD A FEDA NADINE ,w 3875-W USTICK RD MERIDIAN ID y- 83642-5431 ~~ 4 • 82391290260/R2391290380/R239129024p 82391290390/R239129t1230/R2391290400 R239129~60/ R239I290070/R2391290434 "51203110426/ R2391290420/R2391290090 R2391290080/R2391290450 ENGLEWOOD CREEK DEV CORD 8589 W BROOKVIEW DR BOISE ID 83709-0603 3070/3067 N BURLEY WAY 3370/3410/3411/3365/3432 W. Niemann Dr 3067 N BURLEY WAY 306113037/3011/2983 N VALAM AVE 3038 N ENGLEWOOD WAY N ENGLEWOOD WAY 3499 W NIEMANN DR `z 82833240260/82833240110/82833240120 828332440090/82$33240130/82833240140 82833240230/82833240060182833240250 82833240050/ 82833240010 FIRELIGHT ESTATES L L C 2887 N BURLEY WAY MERIDIAN ID -53642 t N TEN MILE RD/N TEN MILE RD 3050/302b/3031/3014 N` BURLEY WAY 3003!2976/2971/2924 NFIRELIGHT PL 82391290410 ENGLEWOOD CREEK SUB PROPERTY QWNERS ASSOCIATION INC 10421 W ROCKWOOD ST BOISE ID 83704 W NIEMANN °D8 82391290220 HOME ART CORPORATION INC 1580 W 4TH ST, SUITE #102. MERIDIAN ID 83642 3458 W NIEMANN DR • 82391290210 LOUGHNEY EDWARD J & MONIQUE D 3490 W NIEMANN DR MERIDIAN ID 83642 3490 W NIEMANN DR ~ " 82391290200 KUNZ TROY & MELISSA 3060 N:VALAM AVE MERIDIAN ID 83642 "P 82833240100 ' JENSEN WENDELL W 2380 S 2300E '" SALT LAKE CITY UT 84109-1603 r N BURLEY{ WAY 82391290470 =< THORNBURG-BRIAN & CARRI P . ~ 3449 N NIEMANN D8 MERIDIAN ID 83642 3`449 W NIEMANN DR 82833240080. WORTHINGTON BLAKE J & ALLISON P 3015 N BURLEY WAY MERIDIAN ID 83642 3015 N BURLEY WAY _. 82391290460.. RASK RICHARD & PAULA 3471 W NIEMANN DR MERIDIAN ID 83642 3471 W NIEMANN DR ` 82833240220 MONTOYA KELLY & MICHELLE M 3008 N FIRELIGHT PL MERIDIAN ID 83642 ' I ~.. 1 / e t 82391290440 KRUGER RYAN E & TAMRA L 3505 NIEMANN DR MERIDIAN ID 83642 3505 W NIEMANN DR 82833240070 HARBOR HOMES LLC 4360 E FAIRViEW MERIDIAN ID '"83642 2993 N BIIRI-E~' W AY 82833240240 JOHNSON JEFFREY P & KRISTA S 5869 GARRETT APT E BOISE ID 83714 2948 N BURLEY WAY 82833240040 WEILLAND KIMBERLY A AND TITUS JEANETTE M & COLLINS H 2927 N BURLEY WAY ` MERIDIAN ID 83642 828332400308 JENSEN WENDELL W v 2380 S 2300. E SALT LAKE CITY UT 84109-1603- 2903 NBURLEY WAY • 85124520590 BROWN BEVERLY F_ 2792 N, .TURNBERRY WAY MERIDIAN ID 83642 85124520580 ry ~ KELLER HARRY & ANNE 2780 N TURNBERRY WAY MERIDIAN ID 83642 85124520560 DYE PAUL F & LILLIAN F 2760 N TURNBERRY WAY MERIDIAN ID 83642 85124520550 WINSTON KEVIN J & RECECCA C 2752 N TURNBERRY WAY. MERIDIAN ID 83642-1611 85124520540 HALL CHARLES W & MARY ANN } 2748 N TURNBERRY WAY ~ I MERIDIAN ID 83642 85124520530 MOON MARY E ~; 2740 TURNBERRY WAY = ~` MERIDIAN ID 83642 82833240020 85124520570/R5124540190lR5124540200 QUICK TAMARA M 85124540210/R5124540220/R5124540230 a. 2887 N BURLEY WAY 85124540240/R5124540250IR5124S40262 MERIDIAN ID 83642 85124540270/R5124540570/R5124540280 85124540960/R5124540180/R5124540290.. 85124520600 85124520660iR5124540340JR5124540330 PECK CURTIS & KIM LEE 85124540320/R5124540310/R5124540300 ~ ~ 2400 EOVERLAND RD 85124540350/R5124540170%R5124540460 MERIDIAN ID 83642 ~ 85124540470/85124540490/85124540500 3688 W MOON LAKE ST 85124540510 ~~ STEINER DEVELOPMENT L L C ~ ~ 554 E BELLEVUE RD, SUITE #B ~ a ~ ATWATER CA 95301-2300 I _ , _ n ~ ~ • , . ~_ N TEN MILE RD 85124520520 2750 N PHOENIX AVE °EARL JOHNS & DOROTHY J W MOON LAKE ST 2734 N TURNBERRY WAY 3393 W MOON LAKE ST MERIDIAN ID 83642-3919 , N TURNBERRY WAY ., 2734 N TURNBERRY WAY , j,~~q~~c~g~-l3 yy~~ ~ {. /3441/3417 W MOON 85124520510 1 2747/2723 N 80BIE~ AVE INGLES WILLIAM A & MARILEE A ~ . 3488/347813438/341613392 W 2720 N TURNBERRY WAY SCOTTSDALE ST MERIDIAN•ID 83642-3919 N TURNBERRY WAY 2720 N TURNBERRY WAY 2753 N ROBIE AVE , 3560/3536/3500/3480/3462 W MOON 85124520500 LAKE `ST MOHR BUILDERS INC 2773 N PHOENIX AVE PO BOX 9283 N TEN MILE RD~ ~ BOISE ID 83707 ' 2774 N PHOENIX AVE 2710 N TURNBERRY WAY ~' 85124540266 85124540480 TETER WILLIAM E& VIOLA M VALLI BUILDERS L L C 2201 ALLUMBAUGH ST 554 E BELLEVUE RD, SUITE #B ~ BOISE ID 83704-744$ ATWATER CA 95301-2300 a N TEN MILE RD 3456 W SCOTTSDALE ST 124540264 y T R W E& V M TRSTEES AND STEI EVELOPMENT L L C 2201 ALLU UGH ST' BOISE ID 83704- 8 ~ - i N TEN MILE RD l 124540560 T R W E& V M TRSTEES 2201 A BAUGH ST ~~ BOISE ID 83 448 ~ ~ ~` W TETER ST ~ 124540580 T 8WE&VMTRSTEESOF REV L NG TRUST ~ ' 2201 ALL AUGH ST BOISE ID $37 - 8 W TETER ST - . ~~ ~ i F .. ~ t Customer's Order No. Name 1~1 ~~` _ ~ ~ _ %r~j Date "_~c:' ~ ~ ~~ .-1 Address C ~ _ ~ ~ ~~~\ ~- ~~C~ G ,1 O ~ ~J C~ Phone: ~,- ~ +c SOLD BY ~ CASH C:O.D. ~ CHARGE ON ACCT. MDSE. RETD. ~ PAID OUT ~ I. ~~~,-Z,~:~ ~~~ ( ~~ l llc ~,i nc ~ ,Cl~ 2 ~ x~ ~ t t t . ,. t t :, I a. . I t ~ ,.. ., --~ ~ ~. ._.; _ , t ,t t _, t ;:Ati`ctaims and returned g a s=MFlST,be accompa iedt~y this•bill:w;'"4 : t .. . -. ... ~ I 1 r TAX >` V ~ ~ G ~ ~ ~ B~ce~v. ~ j, / 1 % ~l f~:,~'~ TOTAL ' ~ % ~~