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HomeMy WebLinkAboutThousand Springs Village FPHUB OF TREASURE VALLEY ,~ Mayor ROBERT D. CORRIE Coun is 1 Mem r CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 11 1999 TRANSMITTAL DATE: April 9, 1999 HEARING DATE: Mav 18 1999 FILE NUMBER: FP-99-015 REQUEST: FINAL PLAT FOR THOUSAND SPRINGS VILLAGE BY: MARTIN DEVELOPMENT LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY & WEST OF EAGLE TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: SUBDIVISION APPR~ L RECEI~~ I~iUEST FOR FINAL PLAT APR 0 7 1999 CITY' O1 NIFI2IDIAN PLANNING AND ZONING COMMISSION ~'I"`~N ; =~ Z©:~'ING TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Thousand Sprin sg_Villa~e 2. General Location: SE '/4 SE '/4 Section 20 T3N, Rl E 3. Owners of record: Vernetta Hastin¢s & Gordan Harris (888-2472 - Harrisl Address: 2910 Victory & 2825 S. Eagle Meridian, Zip 83642 Telephone 888-3874 Hastings 4. Applicant: Martin L.L.C. Address: 6236 E. Hunt Avenue, Nampa ,Zip 83687 Telephone 463-0209 5. Engineer, Kathy Stroschein Firm Briggs Engineering, Inc. Address, 1800 W. Overland Road, Boise. ID Zip 83705 Telephone 344-9700 6. Name and address to receive City billings -Name: Martin Development, Inc. Address 6236 E. Hunt Avenue Nampa, Idaho 83687 Telephone 463-0209 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 19.34 2. Number of building lots: 53 3. Number of other lots: 6 4. Gross density per acre: 3.05 5. Net density per acre: 2.74 6. Zoning Classification(s): R-4 (proposedl 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? RT (Rural Transition) 8. Does the plat border a potential green belt? No 9. Have recreational easements been provided for? No 10. Are there proposed recreational amenities to the City? No Explain 11. Are there proposed dedications of common areas? No Explain For future parks? No Explain 98100'7~Subappl-mer-final (1) • 12. What school(s) sere the area? Marv McPherson , 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): Single Family 16. Proposed Development features: a. Minimum square footage of lot(s): 8 000 b. Minimum square footage of structure(s): 1 400 c. Are garages provided for? Yes Square footage: 400 SF d. Has landscaping been provided for: Yes ,Describe 40 feet a~acent to Eagle Road e. Will trees be provided for? Yes, Will trees be maintained ?Homeowner's Assoc. f. Are sprinkler systems provided for? Yes g. Are there multiple units ? No ,Type: Remarks: h. Are there special set back requirements ? Yes Explain: 22 foot front yard setback (20' from back of sidewalkl i. Has off street parking been provided for ? Yes Explain: Garages and driveways j. Value range of property: N/A k. Type of financing for development: Conventional 1. Were protective covenants submitted? Yes ,Date: Attached 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 the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. 98100TSubappl-mer-final ~ 2 ) ~ ~ STATEMENTS OF COMPLIANCE THOUSAND SPRINGS VILLAGE SUBDIVISION 1. All proposed streets will be public and constructed to Ada County Highway District Standards. All right-of--ways will be 50 feet with a 36-foot improved section and offset 5- foot sidewalks on both sides. The proposed streets will meet the improvement standards set forth in the Meridian Zoning Ordinance or as specifically approved by the City Council. 2. The proposed residential development is in compliance with the Meridian Comprehensive Plan. The plan designates the property as mixed residential development. The development is subject to the dimensional standards of the R-4 zone. All proposed residential lots meet or exceed the 8,000 square foot minimum lot size. All lot frontages meet the 80-foot requirement with exception of the cul-de-sac lots and lots on a 90-degree bend in a street. These lots fall within the 40-foot frontage requirement. The development complies with the provisions of the Meridian Zoning Ordinance. 4. The final plat reflects existing easements associated with the McDonald Lateral and applicable utility, irrigation and drainage easements. 5. The street names on the final plat comply with the Ada County Street Name Committee review on the preliminary plat. The final plat has been submitted to the Street Name Committee for a second review. 6. The final plat is in conformance with the approved preliminary plat and the conditions setforth by the City Council. 7. The final plat is in conformance with the acceptable engineering, architectural and surveying practices and local standards. 981007\statement-com I I , , -- ---- ----- - --- ---- T , ' I ~ ~ ---~----------- , , , i~ , 1 ~ ' ~, , r _- -~--- I ..- ~ , .~-- . ___ , ___ ~ ~ i ~ / I I ~ I ~ i , ~ T L___ ~ ~ , , I ~ , i ; ; i , -I_'-__- ' ', ~ ~ ~ I , 1 -_- I ' I ,_ _ _~ ~ ~ ~ ~ ~ ~ -.` MERIDMN CITY ~IMIT$ -~--~ ~-----' I ~ --'----'---- ' I I I i-------I h------; -" r' i - t r------~ ~ _ i , I i i i i . ~ i ~ I i ~ 4_----" ~ '~---'-"1 I , ' l ' ~ ' I i ~ i ' ~, I ~ ' ' ' ~ i I f____ +____ i_____ ' I i I •' • , , -------- ~ r----~ `----------- ~ ~ ~ -. I ---~ ~ 1 . ~ti_ I I , ~ T____\ I i i i 1 ~ ~ •~.~ 1 I ~___________ ~ ' _______ I I I_-___~______l ( l _ 1 1 1 , , ~ '-i ' r , , , F______r______~ ~ I ~ ' i I ~ ~. ~ ' ~ ~ ,h__ ~ I L_____, ~ ~ i ~ i i ' I `a I , ~ ~ i I ~ -- . ., ~ ., ;c ~~ c `--------- I ` '-'- ,,, c. '~~ ' i F.~~B X1510 i '~ c------~ -. f__ - ----ti / 1 ~~ ~, c S4 r, ----------- ~ , - ~ 3 - _~~-, ' f, _ ~~. \` `~~, _ x' ', LOC 6 -~' ~~ ``~~~-.-""" ~ l' ~------- 10 8 7 6 5 4 3 2 1 -% ,,,._---ll ' ~ ~------ EpWORSHAKSfREET ------; ~----~-Y~ 11 ~' i i 8 9 10 11 12 13 14 ' ~------i ~ ~~--- ~ 8 BL CK 1 ' ~ ~ ' E SHEEP C STREET LOC 5 3 2 ------i i ~------~ ~----- 4 I ' h------~ ~~ 1 7 6 5 4 3 2 1 C 5 -- , _ , `-y I ~______~ , ______ 1 B f ~ w '`------- ~ 2 z E. LAKE CREEK DRIVE ' ~ _, << ------ = 9 8 7 6 5 4 3 2 1 W ~ 4 3 2 1 ~' ~ _ _ _ 3 ~ ~ LOC 4 < BLOC 3 ,~ ~! 4 ~ ye ` ~ _ vi 10 11 12 % ,r v-- 13 K • <' .Y,' , ~~ 5 E MACKAY CT. 8 --' _ ,' x vi >' ~ `- ~' ~E MA Y DRI V ~ ,! i. ' `~~. ~_ ___ ,, , >. ,.. „, ,~ ,, 300 BRIGGS ENGINEERING, INC. BRIGGS wc. (208) 3449700 1800 W. 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SA2iDERSON,i ~usben.,,d,: and, ..:.~ ' wife. doiag buaineas;sa AmeriCaa Salsa Compea~,: ~ a .y •. 1~ . . n ba n ie l ads eonvey unto : OQRDON 1l. ~HARF~7,S'.;'., • ~: the arantore ~do hlreby >:ra t, rYa1 ~ J a . ~ ,: `` , erid •it(ARY A., HARRIS, huaband'~aad wife, ~ ~i' ~ '•~•~ ' 4. ~ !•' ~~unty Idaho.' cwitc:Y• tha' Grantee 8, the • foll0ainp dexribed pt~ntarl in, __-.A.da ••-• - s +W ~ Commencing' at the: SE corntr;.of' ~ectiol3 ,~Tot~nshlp 3 North, e,''• ~a,.r .Range' ~`.:E88t; Bola e, L[eridtan;'thenae,•' g•aection;line. North ' 13.50:4 .~ f'•eet.. to tlae .1/16+ co"~aer• thence N: 89° 50'.55" W. , 25ie 00 • ~~ ~; ~- feet ;to;theireal.poinb.of begina~ng; 'thehce:N. 89 .50 59 • 435,60 feet'to:'n~point;•'thence South.. 200..00 feet bo .e~poiat; ~:• theaCe S. 89°50•'55" E. 435.60;feat to~a point;•thence North .200.00'feet ao ahe real. •poiat a~' beginning; contaiaj.ng: 2 •00 1 I area.` t ~~ .. '•. Together with ai]• water,'water ri~hts,~,ditche~ and ditch ', , i •• :. . 1 ' ri'ghts:.of .way` appurtenant thereto,or connected therewith. •.' :~~~ ~: n . ~. ~. ~ • { 1 . 1. . ~' ~'. 1 ~, !y; • c.: :,. s.; 1'O HAVE'AND TO HOLD the uid promiaa, with their aVpn~nances unto( th uid•: Grantee g. `•~ ~': ~' ~. their ~~ heiro'and auisna,forover. Arid the uid Grantor s do hereby covenant to and ` • ~ ~wltlt the aaid'C~ante! s..that t he y 'ere ~ owner a 1n fee simple of sald premieea~ that they are free ':' from altencumtiraneea ~ ~ " { ~ ~, i '•~ 1. 1 {` t~•. r4 ~ ~ _ •. f. L !. i r.•. .,. ~ it l . • ~:. k, and that t he y will~warri:tt and defend the ealae'trom a111irrful ela~ma whafaoeve rr a, ,~ { , 1. ~'ti t ~ i. 111111 fl+. • Datcd Octobe~c ~_: 1963 , 7 ~~ ; 5•~ 1 .'~ ~ ~ I ~ ~, ~ ~i ~ ,, Vie„ ~ , j { .~ , H• ~ 4 F r . ~1 1 ~ N .1 ~ rem ~~ 1'x.4.. :i ~ r~ - ~ ~ ~t..~ ~~ t'~ •~~~1 ~. r:'~ ~ti; ./9..^"/:i~~~r4it ~.i... ..A_.._ k~r.:://~.r~'a.Ii~.;~f~~L- •~. ( .7•!i1'iy1a;•LLl1 •e ~ .t:• . •~ ~ . i• i 1 ..r '. .~ ty ~~ 1 ; ,: ~,: ~~ J~ ` _. .,i-i. .. __'S • ~ fit':1RR~~\'I'~i" DEEn O- ----_ 9U •nf:Eifi fin• t':uuc I:,~t-cited GORCON M. HARRIS and MARY A. HARRIS, j husband and wife, I ! t the I;rantur 5 , do 6ercb~• grant. barJ~ain, scli and cnnrc\• unto REO 1. HASTINGS and VERNETTA HASTINGS, husband and wife, and HOWARD .i. ANOREASEN • the ;:rantee S , the follo~~•in;; dc~cri}>nd premise. in Add Cc.urrt~' Idaho. tu-~t-it: Commencing at the Southeast corner of Section 20, T. 3 N., R. 1 E., Boise f!eridian; thence along section line N. 0°3` West 779.51 feet; thence .J. 89°58'50" West 25.0 feet Lo the real point of beginning; thence N. 89°58'50" West 1313.91 feet to the 1/16 line; thence S. 0°08'17" West along the 1/16 line 361.51 feet to a point in the center of a canal; : thence following the center of the can31 the following courses; thence N. 75°37' E. 34.74 feet to a point; thence N. 51°28' E. 83.95 feet ±o a point; thence N. 84°18'15" E. 119.57 feet to a point; thence S. 69°32'45" ! E. 138.63 feet to a point; thence S. 70°11'30" E. 254.48 feet to a point; thence S. 63°24' E. 87.80 feet to a point; thence S. 68°35'15" E. 38.40 feet to a point; thence N. 64°26'45" E. 142.18 feet to a point; thence S. 84°59'15" E. 169.02 feet to a point; thence S. 74°06'15" E. 113.67 feet to a point; thence S. 68°56'15" E. 207.43 feet to a point; thence 72°02'30" E. 71.43 feet to a point; thence N. 0°03' W. 523.75 feet to the real point of beginning, containing an area of 12.0 acres. Reserving in Grantor, however, an easement to construct a single ditch or lay a single pipe across said hereinbefore described real property for the purpose of conveying water, which ditch or pipe shaii be located at a reasonable place convenient to the Grantees. TO H~.i'F. f:XD TO FIOLD the said premise. :ci;h ihcir :q~purtenances unto the v:id Grantee s, their heirs, anct assi;;ns fur^t•cr. :end ii:cr said Grantors du hcreb~' cot•enunt tr and with the said Grantees . that they arethc vu•ncr s in ?•~'~ sim;~lc rtf said premise:: th:u ihr~• arc frre from all incumbranccs and that t heY ~~ill «•arrant and defend the same from a!! !rc~•f~l claims ~~•hatsce~•er. Dated: September 3 r 1970 . STATE OF IDa1i0, COL"XTF OF ~A n.; t`+;s 3rd d°•• °I September; I~ 70• "trirrc mc. a notan• public in and for said ~tatc. ;,crsor:alh• ! :trr+cart•d GORDOid ~M. HARRIS and MARX A. HARRIS~•:~I3tY5band and wife, ~ ~ G. ._ mot: Rnoun to me to M• ShF~crsrty ~ $`n hir a.a;ncg are v xub<rr:!•cd ;u ;itrj4t~ itt~rtt(~•nt~ ypd-acktnru'led~ni 1.. . _,,. nu• that ~' ' t]7 `1.ticcut•~d °uut•. j ::ot:tr~- Public ~ lio .lint; at BOlSe Idaho i r mm~r. ~:. {.in•s ~ ~ i6 73.. STATE OF IDAHO. CCliXTF OF ~~ ti 7. J hrrrbp err;!:}• ;hat this ias;rrment wac filed for rncord at fn ~!t~ request ~r ?•f2rie ?.2c:fij .C 1 •r mt 1Q a:i~:u;c. pa~i 1,2 .•'.J.•ck ~ m., j .' this 3rd •!::>• ..f Nay I:r 71. in rn}• •.;!irc. and •iulp r,•cunlyd in H,~.k ... ,•i llrcd= :R pat:c ~ 7. S . Es-l)flicin Itccnrdc•r , /~ / l 1 M i alga to: 1912 ?iervey - ,. .. • ~ , ,. ,.. ~ . , , , ~~ '(, 72 c• - a 39~k NARRA~TT y~~~o THIS INDENTURE, made the ._...2.3rd,._...._ day of...........Uctober..., .._, ..._ ............. , 19.70, ..... between ....DAYLE...?~._..Se~NDERSON,....a...~aido~al=r......and..ERANK .D._..~4ARR...ard ,BEULAH ...... WARR, . h.a s. w.i.fe, .formerly...doing....b..usiness....as...ArtexS.can...S.ales ..Company,..... . of Itiaho..r;.a11s......., County of I3o.tine.ville. ........, Seete oL ......Idaho .. _.._......., the part leS of the first part and_.REQ...ix..HA.S'~INGS,..4..married..ma~, ............_........... ... . .._ ~is,............_ _.. , 0/ .. . County of....~da ,State of Idaho . _ ...... ... , the part . Y ... o/ the secon<f part, WITNESSETH, that the said part...l.es of the first part, for and in consideration of the sum of ------ ---- --- T~N.. AND_.NO/100.-----.-.-.-.-.-.--.---:-- .................-----.-..........-.-------.--.-.-...........---.Dollars lawful money of the U,ited States of Ameriea...and..other...good..and_.valuable...consideration to .them..... in hand paid by the part.. y.. . of the second part, the receipt whereof is hereby acknowledged, ha V.e.. granted, bargained, sold, and by these presents, do g-ant, bargain, sell and convey and confirm unto the said part. ~!. ... of the second part, and to .his heirs and assigns, forever, all the following described real estate, situated in ......... ,County of Ada , State of Idaho, !o-wit: Beginning at a point which is North 89°36' West along the II Section line 948.16 feet from the SoutY.east corner of I Section 20, Township 3 North, Range 1 East, Boise hieridian, .I and running thence North 89°36' west 190.00 feet; thence ~~, North 501.20 feet; thence North 84°184' East 16.89 feet; ~; thence South 69°29 and three-fourths minutes East 138.63 feet; thence South 70°08 Z' East 46.08 feet; thence South ;! ~; 439.99 feet to the point of beginning. ~~ TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belong- ing or in anywise appertaining, and the, reversion and reversions, remainder and remainders, and rents, issues and profits thereof; and all estate, right, title and inierest in and to the said property, es well in law as in equity of the said part ies.. of the first part. TO HAVE ANC1 TO HOLD, all and singular the above mentioned and describxd premises together with fhc appurfrnanccs unto Nie parry of the second part, and to h is heirs and as.igna !Drover. And the said part ies et tlic first parr, and .t-heir . hr~r~, the said premises in the ryuict and peaceable possession of the said part fir. of the second parr, }"a1S heirs and r.ssigns, against the said part 1eS of the first part, and the lr heirs, and against all and every person and persons whomsoever, lawful:y claiming or to claim the same shall and will warrant and by these presents forever de/end. IN WITNESS WHEREOF, the said part ies of the first part ha ve hereunto set their hands and seals the day and year first above written. Executed and Delivered in the Presence o/ `~ r ___ _.........._ ...../~~r~~C.:L~- ~/~.r//Lrl~_ [SEAL) .. .. _ ~. ;'~.' , . c ~' t ~ • 'AFFIDAVIT OF LEGAL INTEREST '` STATE OF IDAHO ) ss COUNTY OF ADA ) I, Name . , ~:,. - ~~~s 2525 S~~aaC~ f~~l. Address ' /fit,ld.~~'(J ~G~~L, ~ ,being first duly sworn upon (city) (state) oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to (name (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this ~ ~ day of O ~~~~ , 19 ~~ ~~~~~ ~~~ (S~gnature) SUBSCRIBED AND SWORN o bef a me the day ,,,,,~~~N N •.~o.,.,. -~,`~;••'~ ~'•• f~~~3 otary Public f r Ida o ~ ~~ NoTAR y ti. ~ ~ Residing at ~ ~... s ~` : pu R LAG ? * ~ My Commission Expires: •' O -r~' ~~'••....••'• ~ ~~'%. TF O F l~ P••. first above written. 5 AFF'~AVIT OF l cGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) 1, ~ ~,f _~15~1 ~ ~-~ ~ 0 V i r~-~or~ Name ----~ dress I ~~ f' v~ ~~ _, ~ d ~. ~(~ ,being first duly sworn upon (city) (state) oath, depose and say: 1. That ! am the record o~vrer ~f the p ~perty described on the attached, and I grant my permission to ~~~D ~v. L~~`~~- {-. ~'ol~ M ~,~ ~~ I srn~t~. ~L a,iru, ~la~-~;n~= _ co z.~ I-~rv~-t- ~e~. i~ a ~~. ~rNr~ I ~~ (name) ~u~•j-~ h, (address) ~ vc~o prr~cnf, I ~~ to submit the ~c•;or~ipanying application pertaining to that property. 2. I agree to indemnify, defend and .u Id the City of Meridian and it's employees h~...nless from arty claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. vated this ~ ~ day of ~ ~~~~`y , 19 g C2 (Signature) ~ SUBSCRIBED AND SWORN to before me the day and year frst above written. Notarv Pub Residing at M~~ Commissi'on~,Ex~ires: ~l l ' 1 b 9' 5 ', ( --~-. ..OMMITMENT FOR TITLE INS -- ORDER NUMBER: 98077601 TC SCHEDULE A 1. EFFECTIVE DATE: AUGUST 22, 1998 at 7:30 a.m. 2. Policy or policies to be issued: A. ALTA Owner's Policy, (10-17-92) Amount of Insurance: Premium: Proposed Insured: ELAINE MARTIN Standard Coverage $ 375,000.00 $ 1,323.75 B. ALTA Loan Policy, (10-17-92) Standard Coverage • Amount of Insurance: Premium: $ 40.00 Proposed Insured: GORDON M. HARRIS and MARY A. HARRIS Other coverages and/or charges: NONE In the event this transaction fails to Close and this Commitment is cancelled, a Cancellation fee will be charged to comply with the State Insurance Requlations. 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title to the estate or interest in said land at the effective date vested in: GORDON M. HARRIS and MARY A. HARRIS, husband and wife 5. The land referred to in this commitment is in the State of IDAHO, County of ADA, and is described as follows: A portion of the Southeast Quarter of the Southeast Quarter of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: -1- Commitment Schedule A ' •r.. •• CONTINUATION OF COL~.~•~ITMENT SCHEDULE A Order No.: AT-98077601 TC COMMENCING at the Southeast 3 North, Range 1 East, Boise thence North 00 degrees 00'00" West North 89 degrees 47'17" West BEGINNING; thence North 89 degrees 47'17" West North 00 degrees 11'44" East South 89 degrees 50'32" East South 00 degrees 00'00" East North 89 degrees 49'07" East South 00 degrees 00'00" West OF BEGINNING. corner of Section 20, Township Meridian,' Ada County, Idaho, 779.51 feet, thence 25.00 feet to the POINT OF 1,313.64 feet; thence 569.33 feet; thence. 876.09 feet; thence 200.00 feet; thence 435.60 feet; thence 373.15 feet to the POINT Purported Address: 2825 S. EAGLE ROAD MERIDIAN, IDAHO 83642 vlc END OF SCHEDULE A -2- Commitment Schedule A ~i' COMMITMENT FOR TITLE INSURANCE -SCHEDULE B - SECTION 1 ORDER NUMBER: 98077601 TC REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors o= the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Necessary Conveyances vesting fee simple Title in the Proposed Insured. 2. Deed of Trust securing your loan. Item (c) Because of the provisions of the Idaho Homestead Law, (Chapter 10, Title 55, I.C.), the Company requires: (a) the personal execution and acknowledgment of any deed, deed of trust, mortgage or special power of attorney to convey or encumber the homestead by the vested owner and spouse, if any, or in the alternative (b) an affidavit, signed by the vested which states (1) that the land described herein residence; (2) that the land is not claimed a. (3) the address of their principal (4) if applicable, that the vested INFORMATIONAL NOTES: owner and spouse is not their principal s homestead property; residence; and owner is not married. Unless disposed of to the satisfaction of the Company, when -1- Commitment Schedule B -Section 1 •~ EDUL - SECTIO~ CONTINUATION OF CO~y TMENT SCH E B Order No.: AT- 98077601 TC the proposed purchaser acquires title, the following matters will appear as exceptions to title: Right, Title and Interest of the Spouse of the proposed insured, if married. Matters which may appear against the Spouse of the proposed insured, if married. cc: WILSON & MCCOLL DAVID E. WISHNEY, ATTORNEY ALLIANCE TITLE/EVI KELLER NOTE: If the applicant desires copies of the documents underlying any exception to coverage shown herein, the Company will furnish the same on request, if available, either with or without charge as appears appropriate. NOTE: If a Deed of Trust is contemplated as a part of this transaction, the correct name to be entered as the trustee is: ALLIANCE TITLE & ESCROW CORP. END OF SCHEDULE B-SECTION 1 -2- Commitment Schedule 8 -Section 1 • ( .'* COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION 2 ORDER NUMBER: 98077601 TC Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. B. Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assess>fients, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 7. General Taxes for the year 1998, a Lien but not yet due and payable. General Taxes for the year 1997 are paid. Parcel No. 242-S-1120449450 -1- Commitment Schedule 8 -Section Z '.. ~ Order No.: AT- 98077601 TC In the original amount $219.36. 8. Taxes which may be assessed and extended on any subsequent roll for the tax year 1998, with respect to new improvements and the first occupancy thereof during 1998, which may not be included on the regular assessment roll and which are a lien not yet due or payable. 9. The Land described herein is located within the boundaries of the NAMPA-MERIDIAN Irrigation District and is subject to any Assessments levied thereby. For current status call 466-7861. 10. Easement, and the Terms and Conditions thereof: In Favor of IDAHO POWER COMPANY Purpose POWER LINE AND INCIDENTAL PURPOSES Recorded MARCH 26, 1948 Book/Page No. 20/516 11. Right of way for EAGLE ROAD. 12. Ditch located on the Northerly and Easterly portion of property as disclosed by Record of Survey No. 3919, recorded June 17, 1997, as Instrument No. 97047592. 13. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. END OF SCHEDULE B-SECTION 2 -2- Commitment Schedule B -Section 2 -Continued i ~ . •.,~ .. . ~ .30.0 '0~.9~ -_ In 99 9 Sao 99 93 so 49/00 y9 i8so !; ^~ _ 'ai ~ J b <L O J CfJ d= LU 83 w ~. >< ~ C O s ~ N 1 ~ .. o,. ~' :d0.67 ~J f J v, a •'L~ ~Cx.fA MY ' i N E !S t~Q! ^ J d ~C. '•O ~•'•t7 St0• `~ = t ! 2•,~..~ 7 •06~1•~ 69 0 •~ I 97 5aoa W r I ~ y _u !~~ It lrba`20 . I,7 s. . Js 493280 W e ~ •t0f I•` ' ~? le,~ ~at~Sy ~6.4 ~14 361s.w ~p~t~J. .n .O w G ~ ~• I r ~,. • IS 79• ~ 2• a5 h) • ~~ • Y ! ~93~co f A6 W W • SQ 8• JJ~•~ ' ~ 49 9e SO I " ~ ~ / ~~ • .. . •; . 4l 3990 ~ . ~ e 9~S/ ~ 999ioo I •~ P O " V O 99 ~ 990 • r - w N w CI ~_ 1~ r 7 al. • I et O I ~ w '/ ~ J~. JO ° w x'19 •` N . • '` n e ' N z z s v E3n ~a'w N ~ xox.o~ _ ,ao.o _ z~a.o zts_~e ~ _ _ ~,e.~ _ :.o_ . 1 S.E. CORNER 1 (3 SE C. z O .• ADA COUNTY ASScSSOR'S OFFICE • ~ ~ ALLIANCE TITLE & ESCROW CORP. SEPTEMBER 30, 1998 WILSON & MCCOLL 420 W. WASHINGTON P.O. BOX 1544 BOISE, IDAHO 83701 RE: HARR_TS/MARTIN RECEIVED ~ ~ T a 2 1998 ~VI~SDN & McCDL~ THANK YOU for your title insurance order and/or escrow closing. In accordance with your request, we enclose Commitment for Title Insurance for your files and any additional copies you have requested. Your Title Order Number is: 98077601 TC Your Title Officer is: TAKPICO CUTTL•ERS (208) 888-3150 200 East Carlton, Meridiar_, Idaho 83642 Your Escrow Number is: 98077601 TC Your Escrow Officer is: EVI KSLLER - (208) 336-6515 1412 Gv . _,Idaho St . , Boise, Ida_^_c Please do net hesitate to contact TAKP_KO CUTTLERS or EV= K?T_.L•ER if you should have any questions concerning your transaction. WE APPRECIATE YOUR BUSINESS! TA KO CUTTLERS 200 EAST CARLTON. - MERIDIAN, IDAHO - 83642 208-888-3150 - 1-877-88-TITLE - FX 208 888-6414 +. .ORDER NO. 98077E ~ TC EXHIBIT "A" A portion of the Southeast Quarter of the Southeast Quarter of Section 20, Township 3 North, Range 1'East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Southeast 3 North, Range 1 East, Boise thence North 00 degrees 00'00" West North 89 degrees 47'17" West BEGINNING; thence North 89 degrees 47'17" West North 00 degrees 11'44" East South 89 degrees 50'32" East South 00 degrees 00'00" East North 89 degrees 49'07" East South 00 degrees 00'00" West OF BEGINNING. corner of Section 20, Township .Meridian, Ada County, Idaho, 779.51 feet, thence 25.00 feet to the POINT OF 1,313.64 feet; thence 569.33 feet; the..^_ce 876.09 feet; thence 200.00 feet; thence 435.60 feet; thence 373.15 feet to the POINT ~ ~ ADA C(]UNTY EVA~UATIO~I ~H~~T Proposed Uevefoprnent Narrse_TMbUSq~b SPRINGS VILLAGE„ ,,_, File tVaPP9~-4 Q4 bate Reviewed~lp 9g _. Preliminary Stage XXK Final Engineer/Developer Bri s En r. Martin beveta meat 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 aecarclance with the Ada County Street Name Ordinance. The following existing street names shall, a°near on the plat .. _ "1:. VJCT(~RY ROAD" "S. EAGLE ROAD" "E. ZtMS STREET" is ali ned ith "DWQRSNAK" to the west and she!! be name `E, SJ-IEEF CREEK STREET" is a roved and shat! a ar on the "S. PINE FLATS AVENUE' is approved since It is aligned to the nvrtl~ in another Whose. "E. LOO REEK DRJV1=" is ali ned with "LAKE CREEK" to the west and wilE bra named "E LAKE GREEK DRIVE". "LOON CREEK" wicc be reserved far this devat ent. Tl~e above street name comments have been r-cad and approved by the following agency representatives of the AJDA COUNTY STREET NAME GQJIAMITTEE. ALL of the signatures must be secured by the representative or leis designee in order for the street ryames to be officiafly approved. ADA COUNTY STREET NAME COMMITTEE, AGENC REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priest ,I/ pie ~ /G' Ada ('canning Assaaiation Ann H.urie ~~ - {~ Cicy af(irrtpt Mrd} Representative _~ ~. ate Jt ~ -' ! G ~ erg' Fire District Meridian Representative pate ,~ ~~ N07'E: A copy of this evaluation sheet must be presented to the Ade County JEnginBer at the time of signing the "final plat`, athen+vtse the plat w1!( r-ot be signed !!!I Su131ndex ~~ Street Jndex $N 1 E 20 Section PAGE ONE pF TW ~ ~ /wd f ~~ ~~~G ~~~'t,~e'•i,~~G",~',) ~/t-f% '~~~i'v~C• ~/L~ ~~• to !` rfG~ ~•• l Z f ~ d~~0 ZI 'd 5~t,8E91~80Zi 'ON x~d 'ONI `NOO~Id GId 8690 I~.d 66-80-NdI' ~ ~ REC~-v~p AQA COUNTY EVALUATION SHEET 9EC 14 T9g$ City- of V.Ieridian City Clerb (office Proposed Deueiapnzerrt Name THQUSAND SPRI[~~S VILLAGE File No MERIDIAN Date Reviewed 1.7/tOJ98 _ ..,_- F~relirninary Stage XXXX Final Engineer/Devetoper$ri.ggs Enar. /Martin Qeyelopment The Street name comrr~ents Fisted below are made by the members of the ADA GOUf~lTY STREET NAM#= COMMITTEE (under direction of the Ada County Engineer) regaMing this develQpm$nt in accordance with the Ada County S#reet Nsrrte Ordinance. PAGE TWO OE TWO "S. MOON t7-IPPER" is aligned with "HOOQ RANCH" and wilt b~med "S HOOD RANCH AVENUE". "MOON DIPPER" wtll be reserved fQr this develo ment. "5. LAVA AVE." is a duplication and cannot be used. Choose a new name for this ,~ orkion of the lot and 't will alt ned to the north in another !rase. "E. BARTH DRIVE" alt ns wrth "M KAY" will be named "E. MACKAY DRIVE". "E. O CT.° is alt ned with °MACKAY" and wtU tae named "E. MACKAY CT." "EARTH" and °GOt_USUG'°' will tae reserved for this c~evelo ment. These findings are subject to retardation of surravndinQprooerties The above street name comments have been read and approved by the following agency repre$entatives of theADAC©UNTY STREET NAME CCJMMITTEE. ALLafthe signatures rrtc,st be secured by the represernative or his designee in order far the street names to 6e officially approved. ADA GCIUNTY STREET NAME CpMMITTEE, AGCY REPRESENTATIVES Qft Qf:SIGNEES ~ Ada CaUnty Engineer John Priester Ada Planning gssc~aigtion Ann Hurley City of timpt Mrd) Fire District Representative Date ~ ~ 1 G ~~ Date ~,f Date ~ c~ ^.li~.~.'~~' ~j,,. i ~,/ Representative I'"~ Z~it~- Oate f'1~-141 ~ ~ g' NOTE: A copy of this evaluation sheet m ust be presented to the Ada County Engineer at the time of signing the "final plat",,otherwise the plat will not be signed !!!! ___._~ Sub index ~, Street index 3N 1 E 2U__ Section 9 t 'd 5~G8£9~80Zi 'ON X~.~ 'ON I `NQO~W Wd z6 ~ 90 [ ~~ 66-80-Ndf m - ------ ,BLOCK 7 - ----- -- ---- -------~ rl ~ ~O ~ > N ~ eo ~' °° W N N N ~ ~ fn ~' -' cn I m > ~ 'i ~ ~ ~ N ~ ~ ~ p ~ m '< ~ m ~ I ~ ? 9 1 v, S. EARTH AVE. ! I ~ 1 W i V n (n ~ ~ O ~ m ~ i / ~ m °m n N ° i O ~ o/ y o ~ ~ N ~ TI / ~ 1 O A W N i m / o m / N CJi ? \ '~ / ~ ~ / ~ ~ ~ _ m w 0 w Ip 01 O A ~ m N W ~ V N cO rn J 1 ~ G~ / 1 ~ ' J I In ~ 1 to 1 ''~ W~ 1 r J 1 ~ rn W I ~ N ~- 1 ~ ~ V 1 ~ N 1 In ,, 1 ~ I ~ r N 1 (n ~1'-~--~ 1 S. HI OOD 1 RANCH AVE. 0 0 N O ~ V J ~ J ~ ~ ~ m ~ Of ~ ~ rn ~ ~ ~ 1D ~ ~ r ~ m Cl~ ~ rn O N T ~ T I ~ N ~ rn A rn A O W A O N A O ~ N A O (rl T U~ m ~ W ~ o ~ ~ m F ~ y 2a2a S ~o 1 x ~ I ~ ~ O ? ~ N ~ '' ^^ Vl ~ ~ o ~ j a N Z 1 ~Tp~'~ O ~ ' ' r n V1 ~ u W 1 N o ~ O I F-1 1 ~ ~ 1 Z °~ ~ O I N ~ °° O ~ r D N r ~ a 0 1 ~ N Li ` I O 1 -~r7 1 W 1 rn I v ' ~ ~1 F--~ m m x 0 A m S Prue N A m '~ ~IATg wAY _- A ~ 1 O ~ N ' rn m ~ V N ~ ~ 1 ~, , uWi ? m ~ ~ ~ ° .P r0 I '~ ~ 7C i O J m W m cn W r 1 N I ~ ~ 1 W I m ~ N ~ N ~ 1 N, °- 5621 SF ~ N N 5616 SF -• ~ --- - S. --- EAGLE ROAD -------------- 1 ' J `~ ~1 ~ N it / v n ~ ~ s. e~nm AYE. n ~ u m m a ° J u * ~ * a a w ~ ~ u0 r ~ • u I n ~ ~ u N u . ' ' u ~ N ~ `" ` ne~y ~r N ~ I --- -••---~ u .: ROOD °' RNiCX AYE. m I~ '~ w ~ I I N O H ~ J 5. EAGLE ROAD J ~ ~~ ~--3 '~ FV 1 F~-~V-~ N ~~ ~n 'i ` - ^ ~~ v~ (~ O r O ~ d ~~ V 1 ~~ O ~~ ~ • ~ ~ ~ ~~'~ ARATION OF COVENANTS, CONDITIONS AND ~~~ C.~ RICTIONS OF THOUSAND SPRINGS VILLAGE THIS DECLARATION is made as of the day of , 1998, by ,hereinafter referred to as "Declarant." A. Declarant is the owner of certain real property in Ada County, State of Idaho, more particularly described as follows: All of the land within the boundaries of Thousand Springs Village according to the plat thereof, recorded in Book of Plats at pages ,Records of Ada County, State of Idaho. The above described parcel of real property is hereinafter referred to as the "Subject Property." B. Declarant desires to impose upon Subject Property certain protective covenants, conditions, restrictions, reservations, easements, liens and charges for the benefit of Subject Property and all present and subsequent owners thereof, and all conveyances of Subject property or any part thereof shall be subject to this Declaration; NOW, THEREFORE, Declarant hereby imposes upon Subject Property the following easements, conditions, covenants, restrictions and reservations which shall run with Subject Property and be binding upon all parties now or hereafter having any right, title or interest therein or to any part thereof, and shall inure to the benefit of each owner thereof. ARTICLE 1: DEFINITIONS. The following terms shall have the following meanings: 1.1 "ACC" shall mean the Architectural Control Committee. 1.2 "Annexed Property" shall mean and refer to any real property made subject to this Declaration by Supplemental Declaration pursuant to the provisions hereof for the annexation of additional parcels of real property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 ~ I p ~-------N p~~; ,//"{]~~_ 413.65 °3~1 a--~ ~~l S: "1 O ~ N ~~ .Fi C Z D ~ 1 o `~ ~ °~ V •, ~ N 0099b4'E S ; m 1za96• ~ ~ 3esa ~ ~ O ~ CI) j C7C7 `') ~ OOV9'04"E _°~ 115.12' A ~ L1 U 4 / 6tiGP > ~ / ___'-212.66'_-______ {____ 5 0011'31•W 400.91 tt~1 nffniuu~°°~.niaSi~i n~n~ $m'miuu ,S, °po~,°o~ox~g u.'G fn ,°w0. 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The Village at Thousand Springs SUBDIVISION OVERVIEW LANDSCAPE PLAN PAGE 1 OF 6 u • Pine-1 ® 7 t o t al mi n 2 0 ' Pine-2 ~ 8 t o t al mi n 1 5 ' Pine-3 ~ 9 t o t al mi n 1 0 ' Juniper-1 ~ ,6 r o t a I ,o ga I . Juniper-2 ~ 2s t o t a l , o ga I. ASII ~ 8 t o t al mi n 4" cal . Plum ® 10 t o t al mi n 4" ca I . Honey Locast ® 8 t o t al mi n 4" cal. Large Rock ~ 2 9 t o t a l Notes: 1. All berms are to be pre-formed by others 2. All berms are to receive sod. 3. All plantings are to have underground sprinklers. 1 ~ GoC~smith Charter 4550 Wert State Strect Boise, I6aho 83703 (208J 338.9708 Plan No. THV-02.GCD DATE: 03-20-1999 DRAWN BY: Ken Henderson SCALE: N.T.S. The Village at Thousand Springs LEGEND/NOTES LANDSCAPE PLAN PAGE 2 OF 6 IETAINING WALL, UBDIVISION SIGN 1:3 BERM SLOPE, TYPICAL -.1 1 CoCdsmitk Charter 4SS0 Nest State Strect Raise, Idaho 83703 (208J 338-9708 Plan No. THV-03.GCD DATE: 03-20-1999 DRAWN BY: Ken Henderson SCALE: t" 20' The Village at Thousand Springs SITE No. 1 LANDSCAPE PLAN PAGE 3 OF 6 1:3 BERM SLOPE, TYPICAL. ~oCdsmitFi Charter 4SS0 ryt/est State Street Boise, Irlahn 83703 /208J 338-9708 Plan No. THV-04.GCD DATE: 03-20-1999 DRAWN BY: Ken Henderson SCALE: 7" 20' The Village at Thousand Springs SITE No. 2 LANDSCAPE PLAN PAGE 4 OF 6 1:3 BERM SLOPE, TYPICAL. Goldsmith Charter 4SS071~est State Street Boise, I~falen 83703 (208J 338-9708 Plan No. THV-05.GCD DATE: 03-20-1999 DRAWN BY: Ken Henderson SCALE: 1" ~ 20' RETAINING WALL, iUBDIVISION SIGN The Village at Thousand Springs SITE No. 3 LANDSCAPE PLAN PAGE 5 OF 6 i 1:3 BERM SLOPE, TYPICAL UNLESS NOTED OTHERWISE. j ~z ~i ~i ~`~ ~~~ \\ ~~ \~ z 1 ~~~ J t 1 1 ' X11/ I I I I~1 1 I ~ ~ ~~ ~ ~ PLAN No.: THV-06.GCD The Village at DATE: 03-20-1999 Thousand S rin s GoCrlsmith Charter P g 4SS07t/est State Street DRAWN BY: Ken SITE No. 4 Boise, Idaho 83703 Henderson LANDSCAPE PLAN (208J 338-9708 PAGE 6 OF 6 Scale: 1" - 20' ~ • MERIDIAN CITY COUNCIL MEETING MAY 18, 1999 PAGE 36 MOTION CARRIED: ALL AYES. 14. REQUEST FOR FINAL PLAT FOR THOUSAND SPRINGS VILLAGE BY MARTIN DEVELOPMENT -NORTH OF VICTORY AND WEST OF EAGLE ROAD: Corrie: Staff comments. Stiles: Mr. Mayor and Council, you have our comments dated May 17~h. Becky did respond today. She takes exception to one of our comments. They cannot agree to landscape the property in front of Mr. Harris' parcel, and I suppose that's acceptable. It would be nice if we could have something somewhat consistent, but we will probably be seeing that property in the future with some other - a rezone request or a subdivision application. I have nothing in addition to our comments. Corrie: Which comment is that Shari? Stiles: It's site specific comment number two. Corrie: Okay, thank you. Any other staff comments? Is the representative of the Thousand Springs Vllage here? Beck? Bowcutt: Becky Bowcutt, Briggs Engineering, 1800 W. Overland Road. As Shari indicated we did respond to staffs comments. Wilt has a copy. Just two quick things. On the landscaping, we were required to landscape the four foot area between the back of the sidewalk or the front of the sidewalk and curb, excuse me. We have worked out I think a pretty good arrangement with staff. One of our requirements was that the developer install that landscaping and. we've asked staff if we can bond for that landscaping and install that prior to occupancy permits. We plan on storing trees on the site and then getting that installed. One of the problems we had is if we put that landscaping in that four foot strip, the contractors building the houses will be backing over our trees. We don't know where the builder is going to pu# his driveway, so if his driveway ends up right where a tree is or they tear up our sprinkler system, we're going to have some problems. So we have agreed to do that landscaping. We just ask that it be delayed and we will have a letter of credit to back it up. I just want to go on the record for that. On Mr. Harris' parcel to refresh your memory, it was not part of the plat, but it was part of the annexation. Mr. Harris did agree to let us annex his parcel so we didn't create an enclave. Mr. Harris did agree to dedicate additional right-of--way along his frontage on Eagle Road, so we had a continuous right-of--way section there. We did agree to construct sidewalk along his frontage so we wouldn't have a gap between Thousand Springs and Thousand Springs Vllage, but I cannot go on to Mr. Harris' house parcel and install landscaping. The developer has told me that Mr. Harris is in the process of building a berm. It's obviously not as large and as grand as the berms that we're installing along Eagle Road, but he is improving his frontage so that his MERIDIAN CITY COUNCIL MEETING MAY 18, 1999 PAGE 37 parcel looks better. Staff did have some concerns about some contractor type of equipment on Mr. Harris' parcel, asked that we talk to him about it because it is not an improved use under the R-4 zone and according to the developer, he had leased his shop out to a gentleman who had some contractor type equipment and he has asked that gentleman to remove that equipment by the middle of this month, so it should be gone, and that was a concern of your staff. Other than that, all conditions are acceptable. Bird: Becky, in the site specific comments number two, if we strike the landscaping sidewalk to be continued across the frontage of the unplatted parcel, that takes care of all your disagreement. Right? Bowcutt: Yes, sir. Because we did agree to install landscaping so we have a safe pedestrian access along Eagle. Anderson: I think the only word you want to take out there Keith would the landscaping. Bowcutt: Landscaping, leave sidewalk. Bird: Just the landscaping, you're right. Corrie: Any other comments? Bird: 1 have none. Corrie: I'll entertain a motion on the final plat for Thousand Springs Vllage by Martin Development. Bird: Mr. Mayor I move that we pass the final plat for Thousand Springs Village by Martin Development and for the attorney to draw up the proper papers subject to the change in the conditions. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to approve the final plat for Thousand Springs ~Ilage as stated with the deletion of the word "landscaping" on site specific comments number 2. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. MERIDIAN CITY COUNCIL MEETING: MAY 18 1999 APPLICANT: MARTIN DEVELOPMENT AGENDA ITEM NUMBER: 14 REQUEST: FINAL PLAT FOR THOUSAND SPRINGS VILLAGE -- AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: g6i=~ A ri ~ c ~~ c~ ^^~~ S~ G !4 TC-~Ct-4~U C~ r~,rr~T~ REVIEWED SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~,~ urn" ~~ BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Coun ~ic 1 Mem[~ets CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD MEMORANDUM: To: Mayor and City Council From: Bruce Freckleton, Assistant to City Enginee Shari Stiles, P&Z Administrator ~~ LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208> a8~-221 t PLANNING AND ZONING DEPARTMENT (208) 884-5533 May 17, 1999 ~~~u~p MAY 1 7 9999 (city of Meridian City Clerk Office Re: Request for Final Plat Approval for THOUSAND SPRINGS VILLAGE SUBDIVISION by Martin, LLC - 53 Single-family Lots on 19.34 Acres in an R-4 Zone We 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 This final plat generally conforms with the approved preliminary plat. 2. CC&R's require Council review and approval. Of particular importance are the methods for collecting, each year, a depreciation fund sufficient to build and maintain the common improvements (landscape and drainage areas, imgation system, micro-path, etc.). 3. FOR INFORMATION ONLY: Although the unplatted parcel is not a part of this plat, the out-parcel is a part of the area annexed with this subdivision, was zoned R-4, and is subject to the terms of the development agreement. The present use of this property is not in compliance with Meridian ordinance. GENERAL REQUIREMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. FP-99-015 Thousand Springs Village.FP Mayor and Council May 17, 1999 Page 2 3. Submit a plan approval letter to the Public Works Department from the entity having jurisdiction over design and construction of the pressurized irrigation system. A letter of credit or cash will be required for these improvements prior to signature on the final plat. 4. Determine the seasonal high groundwater elevation, and submit a profile of the subsurfice sod conditions as prepazed by a soil scientist with street development plans. 5. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 6. Submit final letter from the Ada. County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 7. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 8. Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 9. Please come prepared to respond to each of the comments contained in this memorandum at the scheduled May 18, 1999 City Council meeting. Prior to development plan approval, three copies of the revised plat must be reviewed by the Public Works Department for compliance with all conditions of plat approval. SITE SPECIFIC COMMENTS 1. Six-foot-high, permanent perimeter fencing is required to be in place prior to obtaining building permits unless specifically waived in writing by the City P&Z Administrator. A letter of credit or cash will be required for this fence prior to signature on the final plat. 2. Submit detailed landscaping and fencing plans, including sizes and species of vegetation and details of walkways, as well as detailed elevations of drainage areas, for review and approval prior to signature on the final plat. Landscaping and sidewalk are to be continued across the frontage of the unplatted parcel. A letter of credit or cash will be required for these improvements prior to signature on the final plat. All landscaping is to be completed prior to obtaining certificates of occupancy. 3. Sanitary sewer service to this site will be via mains that traverse through the adjacent development. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. FP-99-0IS '('~u~ Springs V~71age.FP • Mayor, Council and P&Z May 17, 1999 Page 3 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 centerline. 4. Submit CC&R's for Council review and approval. 5. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 6. One-hundred- (100-) and 250-watt high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 7. Street signs are to be in place, water system shall be approved and activated, fencing installed, pressurized irrigation system approved and activated, and road base approved by the Ada County Highway District prior to any building permits being issued. 8. Shorten the entrance island (Lot 1, Block 2) at the west end of the C32 & CC34 points, to provide better access to the two adjacent lots. 9. Fill in the instrument number for the Development Agreement referenced in note 12. 10. Add the CP&F Numbers to the appropriate points. 11. The exterior boundary line of the subdivision needs to be darker/heavier than the rest of the subdivision line work. 12. The right-of--way at the corner of E. Dworslrak St. and S. Pine Flats Way doesn't match what is shown on the development plans. Please revise the plat accordingly. Future development of the unplatted parcel will need to ensure driveways don't abut residential lots. 13. Graphically show five-foot-wide easements for public utilities, drainage and irrigation along the subdivision boundary line (side lot line) of Lot 5, Block 7, if this line is a side yard adjacent to future/existing phases of this development. 14. Applicant is to advise owner ofout-parcel ofnon-conforming use status of property and need to bring property into compliance with R-4 standards. ri--9s-E-i s ~„~a s~ v~ta~.Fr • HUB OF TREASURE VALLEY • Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN PUBL[CxWORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 8364 ~--~ ~ ~ c~osl ss~ "I I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887 4~~~~~T~~PLANNING AND ZONING KEITH BIRD DEPARTMENT Air ~ ~ 1999 c~os> ss-~-;;~~ :~; +a- TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 11, 1999 TRANSMITTAL DATE: April 9, 1999 HEARING DATE: Mav 18, 1999 FILE NUMBER: FP-99-015 REQUEST: FINAL PLAT FOR THOUSAND SPRINGS VILLAGE BY: MARTIN DEVELOPMENT LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY & WEST OF EAGLE TAMMY DE WEERD P/Z MALCOLM MACCOY, P2 iTHOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P2 ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORN EY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA„COUNTY (ANNEXATION) Mayor ROBERT D. CORRIE n cil Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT c2os>ss~-22it PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 11, 1999 TRANSMITTAL DATE: April 9, 1999 HEARING DATE: Mav 18, 1999 FILE NUMBER: FP-99-015 REQUEST: FINAL PLAT FOR THOUSAND SPRINGS VILLAGE BY: MARTIN DEVELOPMENT LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY & WEST OF EAGLE -TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) -THOMAS BARBEIRO, 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 g ,. 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 A~~ 1 3 19~INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) -SEWER DEPARTMENT (+~~~~.~ ~~~, +,_y, ~`~ IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT ADA COUNTY NNEXATI N) ,FIRE DEPARTMENT YOU R CONCISE REMARKS: Ia ' q POLICE DEPARTMENT - CITY ATTORNEY LL ditJ- K , ala jar iyi oC~ .t/,2~ o. j~JZ CITY ENGINEER - -CITY PLANNER ~p~ f Qtr- _ Tiyq s _ 4- cy ~~ , ~ y APR131999 tl x ~~~- Mayor • HUB OF TREASURE VALLEY • i ROBERT D. CORRIE A Good Place to Live LEGAL DEPART~~IENT ~.pcil Members CITY OF MERIDIAN `,"~' ~~~_~'~~ ' CHARLES ROUNTREE PUBLIC WORKS GLENN BENTLEY 33 EAST IDAHO BUILDING DEPARTh1ENT MERIDIAN, IDAHO 83642 (''-(t~> ~~~-" I I RON ANDERSON Phone (208) 888-4133 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTh1ENT (2081881-SS3~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 11, 1999 TRANSMITTAL DATE:_April 9, 1999 HEARING DATE:_Mav 18, 1999 FILE NUMBER: FP-99-015 REQUEST: FINAL PLAT FOR THOUSAND SPRINGS VILLAGE BY: MARTIN DFVf=~ ne~~~.~T LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY & WEST OF EAGLE -TAMMY DE WEERD P/Z _MALCOLM MACCOY, P/Z -THOMAS BARBEIRO, P2 BYRON SMITH, P2 -KEITH BORUP, P2 -ROBERT CORRIE, MAYOR _RON ANDERSON, C/C --CHARLIE ROUNTREE, C/C -KEITH BIRD, C/C GLENN BENTLEY, C/C 'WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT -FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS:~_~p~,g~~,p ,q.. f ~i~J ~r /Ytr_ ~C/_ 9 _ ~3 4 _ _ , ~' 1,~?~ 1 3 1999 • ~r SUPERINTENDENT Christine H. Donnell April 15, 1999 City of Meridian 33 East Idaho Meridian, ID 83642 Dear Councilmen: APR 2 2 1999 Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888-6701. Reference: Thousand Sgrings Village Subdivision Elementary School: Mary McPherson Elementary School Middle School: Lake Hazel Middle School High School: Meridian High School Comments and/or Recommendations: Mary McPherson Elementary School is currently over capacity. Lake Hazel Middle School is at capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Meridian High School is also over capacity at this time. We can predict that these homes, when completed, will house seventeen (17) elementary aged children, thirteen (13) middle school aged children, and twelve (12) senior high aged students. We will approve this development at this time but we need to locate an elementary site in this area. Sincerely, Jim Carberry, Administrator of Support Services BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holly Houfburg • David Wynkoop • Steve Mann 911 Meridian- Street • Meridian, Idaho 83642 - (208) 888-6701 • Fax (208)888-6700 CENTRAL CE •• DISTRICT PRHEALTH DEPARTMENT DISTRICT HEALTH DEPARTMENT Environmental Health Division Return to: ^ Boise ^ Eagle ^ Garden City ,~ Meridian ^ Kuna ^ Acz Rezone # Conditional Use # Preliminary /Final /Short Plat ~ -`~ ~ --o/S -,-_9 ^ I . We have No Objections to this Proposal. APR ~ 5 999 ^ 2. We recommend Denial of this Proposal ~'j~ ~F ~''~.9~11}~i'~! ^ 3. Specific. knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. J;+''~ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: (1`~ ,central sewage ^ community sewage system ^ community water well ^ interim sewage central water ^ individual sewage individual water Uy~ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, j'C' Divisio of Environmental Quality: central sewage ^ community sewage system ^ community water sewage dry lines central water 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. ..56~.4TTAl.Y~o ~`i7.tiPsirc%~~/L iyl~iy.~G~~s~~ Date: ~/`~'.3~/~ ~N Co,.r,a„~,,i,,,s~ a.r~s' _ Reviewed By:~~~ ~ Review Sheet LDHD 10/91 rc6, rcv: 7/91 CENTRAL /1 DISTRICT ~ • ~'1" H EA LT H : ~~ .~, :, ~ e ~s . to a~;c].:a:~ • i:c9) ~-~.~a i . -x ~:-.~~co OEPART~~IENT ~IAINOf,i • J +~V..aRd TGrIG~C. • C c Tu prr~'rr+t arrrl treat ditrasr and disabifiry; to prurrcutr lrraltl+y li/rsrylrs: ar+d to protect arrd prornute tl+r lcrult/+ and grraliN u% urrr rrrvirurrrrrrrrt. STOR1tiI~VATER itiL~YAGEitilENT RECO~~IVIENDATIONS ~Ve recommend that Stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quali~y. The engineers and architects involved with the design of this project should obtain current best management practices for Stormwater disposal and design a Stormwater management system that is preventing groundwater and surface water degradation. ~Iariuals that could be used for guidance are: l) State Of Idaho Catalog Of Stormwater Best tilanagement Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. ?) Stormwater Best Mar~genient Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. ScofmWater ;l9s:aty Servin, Valley, Elmore, Boise, and .4da Counties Vellay Couna/ Ot;iee ACC /Boise County Office 7M17.`I. arra;rcng PI. °_crsa. i0 737Ca En•nr7. H?c+rn: ]27•idCO Pc;ray?tcnr.:ng: 32i•7:rCC inclrotc~~cns: ]27.7syC Ser:cr ~`turnacn: 327.7a;J amore County Office Aca•'NiC Sctelfite Office 3?r3 ~ Ern S ;44r:`I IcC6 RcCer; Maunrcin ~ICms..0 83Eai 3oise. ~O B..+CS Ph. 33s•]:5~ Envira. ~+ectrn: 587•'Y?ZS ,::» W~rnih/~ectrr•.::BT•.rs0i Fa:(.33a•3...... ~,wC: Sbi.aCC ~ FA:t' :E1•JS21 ' iCJ N. I;r Breese ?.O. Ecz Icr.tj 41cCcu: 10.3363a ph. c3a•%Iqe Pr.Y:6,',C•2t7~t •prtC ]27.78 w BRIGGS ENGINEERING 1 ENGINEERS /PLANNERS /SURVEYORS May 18, 1999 Mr. Will Berg, Bruce Freckleton and Shari Stiles City of Meridian 200 E. Carlton Avenue, Suite 100 Meridian, Idaho 83642 Re: Thousand Springs Village Subdivision (Responses to Staff's Comments on the Final Plat) General Comments MAY 1 8 1999 CITY OF iVIERI1~IAi'V 1. Agreed 2. Applicant will comply. 3. Statement on annexation and exclusion from the plat is correct. The present use of the parcel in question is unknown to me. General Requirements 1. All irrigation ditches or drainage ditches that traverse the property will be piped. 2. No septic or well exists on the platted lots of the project. 3. Applicant will comply. 4. Applicant will comply. 5. Applicant will comply. 6. Applicant will comply with staff's comments. 7. Applicant will comply. 8. The property lies outside any delineated FEMA floodplain. 9. Applicant will comply. Site Specific Comments 1. Applicant will comply. 2. The applicant will submit detailed landscaping plans which include fence locations, specific types and sizes of vegetation, pedestrian pathways and elevations of storm drainage common lot area for review and approval. The applicant has agreed to install sidewalks along the unplatted frontage of Mr. Harris' parcel. The applicant cannot agree to landscape property that he has no control over. Applicant will bond for landscaping and fencing improvements. 3. Understood. 4. Applicant will comply. 5. Understood. 6. Applicant will comply. 1800 West Overland Road Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEldaho@msn.com 981007\citymer-staff comments BRIGGS ENGINEERING, Inc. - 1800 West Overland Road, Boise, Idaho 83705 - (208) 344-9700 /Fax 345-2950 7. Applicant will comply. 8. Applicant will comply. 9. Applicant will revise plat accordingly. 10. Applicant will revise plat accordingly. 11. Applicant will revise plat accordingly. 12. Applicant will revise plat accordingly. 13. Applicant will revise plat accordingly. 14. Applicant will discuss this item with Mr. Harris. Sincerely, BRIGGS ENGINEERING?, Inc. l/1 - ~~y~f~vC~ Becky L. Bowcutt Land Use Planner BLB:fc 981007\citymer-staff comments • ~ A a Y'RECO~~~T`" l~"`~ RECORDED - R~Q EST Qf .t.OAL NAVARRO ^~~~, c~d1~o fEE~p /~~~ ~ g9g ~~ 2 ~ ~_.~ 12; 3 9 DEVELOPME~T~ ~~~NT THIS DEVELOPMENT AGREEMENT this "Agreement"), is made and entered into this~~ day of ~ , 1999, by and between CITY OF MERIDIAN, a municipal corpo tion of the State of Idaho, hereafter called "CITY", and MARTIN L.L.C., a Limited Liability Corporation, hereinafter called "DEVELOPER", whose address is 6236 E. Hunt Avenue, Nampa, Idaho 83687. 1. RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or developer make a written commitment concerning the use or development of the subject property; and 1.3 WHEREAS, CITY has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in Exhibit A, and requested a designation of Low Density Residential, (R-4) , 11-2-408 (B) (3) (Municipal Code of the City of Meridian), and has submitted a site plan in connection with the development of the property, which site plan is subject to specified terms and conditions, has been recommended for approval by the Meridian Planning &. Zoning Commission to the Meridian City Council; and 1.5 WHEREAS, DEVELOPER made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT PAGE MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION ~ ~ ~ 1.6 WHEREAS, record of the proceedings request for annexation and zoning designation of the subject Property held before the Planning SL Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of , 1999, has approved certain Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose ensuring that the property is developed and the subsequent use of "the Property" is in accordance with the terms and conditions of this development agreement, herein been established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT PAGE MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. USES PERMITTED BY THIS AGREEMENT: 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance Low Density Residential ~R_4~ codified at section 11-2-408 (B) (3) Municipal Code of the City of Meridian. 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. CONDITIONS GOVERNING DEVELOPMENT OF SUBIECT PROPERTY: 4.1 DEVELOPER shall develop subject Property including the obtainance of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 4.1.1 That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit A, subdivide 19.427 acres into fifty-three (53) single family dwelling lots and seven (7) common lots. 4.1.2 This application is for annexation and zoning of two parcels which abutt each other and which are the subject to the application for annexation and zoning and are described in the application, and by this reference said descriptions are incorporated herein as if set forth in full. Both parcels are owned by Martin L.L.C. as set forth in the Warranty Deeds prepared by DEVELOPMENT AGREEMENT PAGE MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION ~ ~ Alliance Title and attached to the legals in Exhibit "A". The legal description for all of which is set forth in the legal description which is contained on the "Annexation Description for Farwest Development (Village at 1000 Springs)" prepared by Michael E. Marks, P.L.S. No. 4998 dated November 12, 1998. The two parcels are approximately 21.54 acres in size. The property is located North of E. Victory Road, West of S. Eagle Road, Meridian, Idaho. The legal description for annexation included in the application appears to describe the subject site; however it is not tied to recognized government corners as required by the State Tax Commission. Developer shall submit a revised legal description that references the recognized government corners. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 4.2 Detailed site plans are to be prepared by Developer for any improvements upon the subject real property to be reviewed and approved by the Planning and Zoning Commission and which plans shall comply with the following: 4.2.1 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. 4.2.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 4.2.3 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 1 1-9-606.B. DEVELOPMENT AGREEMENT PAGE 4 MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION 4.2.4 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Malce any corrections necessary to conform. 4.2.5 Coordinate fire hydrant placement with the City of Meridian's Water Worlcs Superintendent. 4.2.6 Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 4.2.7 This property is located in an area that is designated as Mixed Residential in the Comprehensive Plan. This designation would seem to indicate that a variety of housing types and densities was intended for this area. Higher densities should be encouraged along section line roads to support future public transportation systems. 4.2.8 Sanitary sewer and water service to this site will be via extensions of mains that are being installed in the Thousand Springs Subdivision. Developer will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 4.2.9 Hydraulic analysis indicates that development southeasterly of the Ridenbaugh Canal will experience lower than desirable water pressure due to the elevation differential in the area. The developers of Thousand Springs Subdivision and Thousand Springs Village Subdivision shall be responsible for the design and construction of a pressure booster station near the Three Bars Drive crossing of the Ridenbaugh Canal. The subdivision designer shall coordinate the design and location with the Public Works Department. 4.2. l OIndicate any existing ditch easements on the preliminary plat map. The conceptual engineering plan doesn't show how they will be treated. Revise the plan to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the DEVELOPMENT AGREEMENT PAGE 5 MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION • U Meridian Building Department for all lots impacted by the filling of said ditches. 4.2.11 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4.2.12 Developer has indicated that the pressurized irrigation system within this development is to be an extension of the Nampa Sz Meridian Irrigation District system being installed to serve the Thousand Springs Subdivision and Sherbrooke Hollows. 4.2.13 Developer shall be responsible to construct asix-foot-high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary. Developer shall also install either three- to four- foot-high fencing or non-combustible, non-sight-obscuring fencing along the northern boundary of Lot 19, Bloclc 1, and the eastern boundary of Lot 17, Block 1. Fencing is to be in place prior to applying for building permits. 4.2.14S. Lava Way, to the north of this proposed project, was stubbed to this property for future extension. The Developer is proposing to leave S. Lava Way as a cul de sac and provide a pedestrian walkway to provide inter-neighborhood connection. Because of the proposed layout, staff supports the pedestrian walkway. The pedestrian walkway needs to be paved and landscaped in accordance with City Ordinance. 4.2.15A stub street needs to be provided to the westerly boundary of the two-acre (+/-) parcel that is not included as part of the plat, but is included as part of the annexation. 4.2.16A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. DEVELOPMENT AGREEMENT PAGE 6 MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION 4.2.17 Developer will disclose whether or not the drainage system being designed in the northwest corner of this development has a discharge point to the existing ditch system. Developer will disclose whether or not the drainage facilities being designed are on Lot 19, Block 1. It appears that the storm drains discharge into this Lot. 4.2.18 Developer proposes 50-foot-wide rights-of-way throughout the development; with the four-foot-wide planting strip shown, two feet of each sidewalk would be on private property. The street and sidewalk improvements in their entirety be within a minimum 55-foot-wide ACHD right-of-way; a total right-of-way width of 57 feet. In the alternative the existing configuration provided by the Developer would be adequate subject to the condition that the developer installs the necessary landscaping and irrigation, including trees, within the four-foot-wide planting strip, similar to the first phase of Los Alamitos No. 1. 4.2.19 Dedicate 48-feet of right-of-way from the centerline of Eagle 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 all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 188. 4.2.20 Construct the main project entrance off Eagle Road with two 21- foot street sections with curb, gutter and 5-foot wide sidewalk separated by a center median and located approximately 140-feet north of the southern property line. The median shall be constructed a minimum of 4-feet wide to total a minimum 100- square foot area and dedicate sufficient right-of--way to include the required improvements. 4.2.21 Construct a center turnlane, shadow taper and right-turn deceleration lane on Eagle Road at the main site entrance. Coordinate the design of the center turn lane, shadow taper and right-turn deceleration lane on Eagle Road with District staff. DEVELOPMENT AGREEMENT PAGE 7 MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION 4.2.22The existing driveway on Eagle Road serving a single family dwelling is approved with this application. Pave the driveway 16 to 20-feet wide and at least 20-feet beyond the edge of pavement of Eagle Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 4.2.23 Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the entire site including the out parcel. The sidewalk shall be located two feet within the new right-of-way of Eagle Road. Coordinate the location of the sidewalk with District staff. 4.2.24Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6380 (with file numbers) for details. 4.2.25Any proposed landscape islands/medians within the public right- of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 4.2.26Provide four stub streets located as follows: ^ between Lot 4, Block 2, and Lot 1, Block 3. ^ between Lot 18, Block 3, and Lot 5, Block 5. ^ between Lot 1, Block 5, and Lot 19, Block 1. 4.2.27Provide a 10-foot wide paved pedestrian pathway located between Lots 16 and 18, Block 1, of the proposed subdivision. Coordinate the location of the pedestrian pathway with District staff. 4.2.28Construct all public roads within the subdivision as 37-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of the right-of-way. 4.2.29Construct an ACHD approved turnaround at the end of Goldbug Court. Submit a design of the turnaround for review and approval by District Staff. 4.2.300ther than the access points specifically approved with this application, direct lot or parcel access to Eagle Road is prohibited. DEVELOPMENT AGREEMENT PAGE MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION c: • Lot access restrictions, as required with this application, shall be stated on the final plat. 4.2.31 The City should have another water supply in the subject area prior to approval of any projects. 6. INSPECTION: DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67- 6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. 8. RE UIREMENT FOR RECORDATION: CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the CITY shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT PAGE 9 MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION • 9. ZONING: CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. DEFAULT 10.1 In the event DEVELOPER, DEVELOPER's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of CITY or apply to any subsequent breach of any such or other covenants and conditions. 11. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes DEVELOPMENT AGREEMENT PAGE 10 MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION LJ • which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. SURETY OF PERFORMANCE: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure that installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 13. CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased developed; in any event, no Certificate of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 14. ABIDE BY ALL CITY ORDINANCES: That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 15. Notices: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian City 200 E. Carlton, Suite 101 Meridian, ID 83642 DEVELOPER: MARTIN L.L.C. 6236 E. Hunt Avenue Nampa, Idaho 83687 DEVELOPMENT AGREEMENT PAGE 11 MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION • • with copy to: City Clerlc City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 16. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. Binding upon Successors: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CITY's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. 19. Invalid Provision. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to DEVELOPMENT AGREEMENT PAGE 12 MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION • be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER'S development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 20. Final Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY. 20.1 No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. 21. Effective Date of Agreement. This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT PAGE 13 MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION • i ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. MARTIN L.L.C. Attest: BY: GZ~Grt.!/ ELAINE MARTIN, MANAGING MEMBER BY RESOLUTION NO. CITY OF MERIDIAN BY: r Robert D. Corrie Attest: ~i City Clerlc *~`~tt t t ti a ~+ ~ e ~ro~~`''~~ ~ ~ T~ ~` S w 8L ~ ~°r ~O r ~.1 p'``w BY RESOLUTION NO. ~'~~,'~c~(~J'~•~~~'( ~~~,~`` ~'~`'~~~~I/l~f tSltt4tttt~,`,``, DEVELOPMENT AGREEMENT PAGE 14 MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION STATE OF IDAHO) :ss COUNTY OF ADA) On this day of ,Q-PRiL. in the year 1999, before me, M lC~--t;~~Pr W i ~.~he s~'~,~ a Notary Public, personally appeared ELAINE MARTIN, known or identified to me to be the Managing Partner of said corporation, who executed the instrument or the person that executed the instrument on behalf of said corporation, MARTIN L.L.C., and acknowledges to me that such corporation executed the same. ~S I~T~HESTER ~~ STAlEOFDAFIO Ada County, Idaho /~_/rJ_ a 00,3 Commission Exp'ues STATE OF IDAHO) Notary Public for Idaho Commission Expires:__~ /''1_a?o03 :ss County of Ada ) _ On this~_ day of ~%~ in the year 1999, before me, a Notary Public, personally appeared Robert D. Come and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ~~.-- ,'~~~~~~ ~. 0 Vg~t f~ ~S r~OT AR p ~' ~. ~,. . 1c ~ G i * ' pUBti~ ~~ ~ ti .• .Z, msg\Z:\~ Notary Public for Idaho Commission Expires: /-0 ' -0 Springs Village\DEV AGMT.wpd DEVELOPMENT AGREEMENT PAGE 15 MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION EXHIBIT A Legal Description Of Property • DEVELOPMENT AGREEMENT PAGE 16 MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION ~ ~ ip6 S~L8£9b~i AYK.-Ih yyihKll 16.4J ALLtAftl;l: '!'il'k); EJL'. 5~:~ 666i-8i-2~i ' I'hL~lUif JJ6 8134 !'. uus ORDER NO. sJQII9IT "A" A Portion of the Southeast Quarter at the Southeast of sdctioa Zo, Totrreship 3 North. Range 1 East. '4oise4uarcer fel2ows~. Ada Cotusty, Idaho, more particularly aeser~d as t~ENCIN(3 at the Southeast corner of 8eccioA ?.0, Towa9hip 3 Narrh, Range 1 .East. Boise Meridian, Ada Cotsaty, idat1a. ~nenCe Nort!~ QO degrees OQ~pd~ gent 779,31 Peet, zhenee North 99 degxeea 47~1~° West 25. QC Feel Co the POINT OF BEGINNING; thartce North 89 de9ree9 g7•x7n Wast 1.33,3.64 feet; thence ~Ctth 00 degrees 12'44" East 559.33 Fsec; the:t~e sout:~ 89 c'.egreea Sa'3~~ EaYsC 8?6.49 PesrC; thence South oo degrees OC•oa~ pant Zoa.OQ feet; thence North e9 drg'ees 49'07" £a9t 435.6a feet; thenC= south 00 degrees 00'n0u Ws9t 3'73 .25tfeec Go the FOINT OF eEG7NNiNG. P$ J~O /~y -.-~ . rn • r ......__. ___. TOTAL P, DS .o+-tas~n 1916 N' `L ?!t ~::~~ ~µ~ 621 oreu ~ • Id~4o ~~ .~.r ~4?lyt 6ISY ~- 9~~ ~ ' ~"'a - W~-~t]RAN'r~ D~ ~sxa acs vuL~ lfiC8(V!n ~stnart. ~s m-u~s+~+00 ewp~ 7 mr tio~ ~+ a ~.~a't °'~ '~ tea., aYe~ ~ ~ t~ s ~+u tee. sa= tSC+L ~ . ~ ~ a~ srl r6M~ ~ ?ess~i Ito. 9112y`g420Q ~,mdarrs atf+~ rers~ tt~ ~ e~ dew *~~~tsA~~ ~ ~~~.On~ a~ .sr ~ ~~ ~ ~ i4~~ cr. nc ~r- D~~ ATTS ~~~- ..r 'a~1O°`a i lZ, 1999 ~ .. C1 y`~ L i -- s 9SATE. Ots ~. ~~~~~ 1n ~ et . ps~t • 1t+wr~~~r~ ~~a.owr - `+~°~r~irl-p~ttie ama ~~ ~~~! ~~ ~~~ 9~ 9r~es~ i Nr - ~ ...~ " _ ps ~~, ~~y - .mot .xa~t ~,~ sa:a~ t~s se-et za'd StiLe£9V90Z1 'oK x~3 _ - ~ ~' rit" r• ib ' `yam 10tl / GM'r ~au~c:lc ~ a i ~c w~ ..... ~~~~~Z ~ C~ : ~ SE~ ~-aZ-~~ FI1.,5 KQ:: 172078 E)al2B=' :A . TK/-T POs~TICI~ OE T1a~E SOfvRitEAST G!u-gTEaR OF THE SOt3T1iFAST euARTF.A o>F SECTION 24. TAI? 3 IiORTil, fWl6E ~ Fil3'r OF 60ISE ItERZDZ~ IN AOA cD(~ItTV, mAwo, oesc~ttaa~~ ws Fottowi: coa~cz~ As TNS s~t-tE~ts~r of snza sE~oK ~$; T>8 ALCH6 'tttE SECTTOIt LIFE NDRTN D GE6REE 03' i11E3T Tf3.St FEET 70 A POltft; T~IE~tCE a~o+~t1+ aq o~>Ees ea•so- wEST aoe.e~ fEE7 YO A REU. t02ttt- OF SEGZNtlIN6; 7HEu1Cf NCAT1t 89 0&9iE~ 58' SO' wESi 630 F'~T 7D 11iE LIi~; ?iiEl1CE ~OtITJt 0 dEdRL'E Q8' 17` YVES'i' ALOAG t J16 SIRE 961-5~ FED TO A POZ~t'!; Tkl81Gf NQRT11 75 DEBR~s 37' EAST 34.75 FEET TO A PQIlR; THENCE NQRTif{ 57 O>FGREES 28' EASY 83.95 FlCT TO A FQIlR; 7~iE1wlGE ayORTM as DEGREL'S 1g'~`s=' EAST t9te.5~~7} FFETT TlOn A POIisT; T'HEi~CE ~~u `n ~ YL1i{C.FI 3~~ ~/ r ~~ ~~7~. W ~ 1 i V A ~~ ~ ~GI~YL. Sot17H 7v DEGREES ~ z •so' ExSt' t93. is F>~ Tao A Pnl~r; TMa~ NORT'!1 0 066REE QS'17• EAST ~41.1A FEE7 TC 1'KE 118A1 1rQZlIT OP BFSZftliZliS. Eilla OF LF:GAC OEStIfIfTIOM 7IITpL P.Oa P~ ~~. ~~y £0 'd S6L6£9D90~i 'ON Xd~ '~Ni 'NO~H~1 Nd fi0~0i Nt1S 66-8i ddb y d ~~' S~LS£9t%o^a2Y ~ dPR -iG'~91FElt tb:45 .4LLIAACE TITLE ESG. TEL:101 336 IIIlo , A riwrarQ,r~r~ t~Q~ ~.8 L~pAt~ OP ADA eotmlT Y151 Vr. Ri'eeD+D At0 J DDix. Td~ie Bli04 r (~ 3T7-27x0 Sv` :6Q 66oz-oZ-2~db r. uuc WA1;t8ANTY D1~D j aMDrvmo~w >:vR vAt176 R>tcEtvSD raoox x. AABRIS Aam IIAR1t w. 7iARRI~, 7tDSalASD s stll'b i GtiDlet s . do i.aps Banc -vBt~iR, r]1 and carmr oBaD ISAiZiN. LLC, Ait IDA78D LA4iidD LIASILIIY COlSPAR! u,eG~tee . +MDfeweYar addn~ ie: 62]5 =. NDbfi AvaRlb, AAIIPA, 1D 81687 the feilawrl8 dees'4rd mat piepasr in ADA Caun2. Slueofla~lw. tron}+akoiDtT t7wet3at s (DNon, m..ric: SSS DQtZ,Yi 'A' w'!lAal~a N6RFL20 AND IIADr A 3WtT ~HOF. 7R eet[ssftC3 a>m >sIiIC7t ZS C011lRSSCD OT OWE (17 YACr~• + ~ ~~. BOA ~ .,.~"g "~ ~ r~~ a~ r 6 Pe, t<: za RECORDED- S7 OF F~E.~,D 99037449 1 :o If AvE AND Ta NaLD ~ a~bi pranUarl, ~+iut thriraplwTmneDess mao w Die cearDe , ~ aT.me heia wed >e8t615141e+a. ADO dYfiid Grrltar s10 Daebt mreneatm otd widt thD qif QrMee tNCGrwoc a ae Ore ~ owMet s iD ~ swt;lle etseld 0+~: tl-= stld pldAld m t188 ti91o Dq e~aaoedfram` L7CCFIP Yloae w t~ dtit a+m'DYanrte is ~' nwk srtd throe ttwk, mIR>sod as done bt ~ QrsAee : ffi mq(ea Df te~Rtsioat. reariatoat. QDdEesleen, comas. ridia at tarry and yteemme. Cd esY! of nmtd. Daa 8rnae1 uwc rd >a. ADaJ-desh+~¢WDaededN9'mmDraa.GtDn)fenheameo2ea Mir~abnacl~aAaadoarhbbti~edmaeC>tinor e i tiN .~craD aed ddc~d the >~0 trDrn ell IawAil clabm ~9ttlDeret Oared: April is , 1999 coRDOx x. NAaals NAatg w_ ~ s $TATG Qf% IODNQ . .._ . Connry of ADA . ..___._. ss. 4 Om dns ~_diT DI ~er+t __, hr Qlt 71D~ Of 1999 . bC(pC nit . ~Of ~ • _ ~ T vo ~ ti~wwl-$1~dF ~ tg he dro paTSDn et•~hms t+a+r a 1Te >,DDrs-iaDd is Ihs.ri0liD 4Mtran1d01. aDd m ~ y _ccent~od tht sxue. y'1~-»•'f~'" My Cammi.wert e~wes» 02L.LflL2~ • - _ ..____ ..-- -- ---~ • P~~~ y~y ~o'a 5b~e~sgeozr 'ort x~a ~~1- ~~myuu ,~ ~,......~.,.._ ~...... • EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of AF~roval DEVELOPMENT AGREEMENT PAGE 17 MARTIN DEVELOPMENT, INC. /THOUSAND SPRINGS VILLAGE SUBDIVISION ~ ~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF MARTIN DEVELOPMENT, INC., NORTH ) OF E. VICTORY ROAD, WEST OF S. EAGLE ) ROAD, APPLICATION FOR ZONING OF 21.54) ACRES FOR THOUSAND SPRINGS VILLAGE) MERIDIAN, IDAHO ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on February 16, 1999, at the hour of 7:30 o'clock p.m., and a report having been received from Shari Stiles, Planning and Zoning Administrator, the Applicant, Becky Bowcutt of Briggs Engineering, Inc., having appeared and testified, and no one having testified in opposition and the City Council having received the record and "Recommendation to City Council" of the Planning and Zoning Commission in this matter and having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 16, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. ~ ~ to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February 16, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 -January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. There are two parcels which abutt each other and which are the subject to the application for annexation and zoning and are described in the application, and by this reference said descriptions are incorporated herein as if set forth in full. One parcel is owned by Reo L. Hastings, and the other by Reo L. Hastings and Vernetta Hastings, husband and wife, and the other parcel owned by Howard M. Andreasen and Gordon M. Harris and Mary A. Harris, husband and wife, the legal description for all of which is set forth FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. in the legal description which is contained on the "Annexation Description for Farwest Development (Village at 100 Springs)" prepared by Michael E. Marks, P.L.S. No. 4998 dated November 12, 1998. The two parcels are approximately 21.54 acres in size. The property is located North of E. Victory Road, West of S. Eagle Road, Meridian, Idaho. 5. The Applicant's duly authorized representative in these proceedings is Martin Development, Inc., of 6236 East Hunt Avenue, Nampa, Idaho, and has filed a written request for annexation and zoning. 6. The property is presently zoned by Ada County as Rural Transition (RT) and consists of vacant, undeveloped agricultural land and an existing dwelling with accompanying farm. 7. The Applicant requests the property be zoned (R-4), Low Density Residential. 8. The Applicant has requested the annexation and this zoning, and the application was not initiated at the request of the City of Meridian. 9. The proposed site of the subject property is north of East Victory Road and West of South Eagle Road and contains an existing dwelling and farm located at the northeast corner of the site abutting Eagle Road. 10. The city limits of the City of Meridian are adjacent and abut to the north and west sides of the subject real property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. C~ u 13. The applicant proposes to develop the subject property in the following manner: Subdivide 19.427 acres into fifty-three (53) single family dwelling lots and seven (7) common lots. 14. The applicant's requested zoning of the subject real property as Low Density Residential (R-4) is consistent with the designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 17. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: 17.1 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. 17.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. ~ ~ 17.3 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 1 I-9-606.6. 17.4 Submit letter from the Ada County. Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 17.5 Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 17.6 Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 17.7 The legal description submitted with this application does not match the boundary of the preliminary plat map along the McDonald Lateral. Submit a new legal or revise the preliminary plat to accurately depict the boundary to be annexed. The legal description shall be prepared by a Registered Land Surveyor, licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary.. It should also be noted that the parcel in the northeast corner labeled "Not a Part" is included in the legal description of the annexation. 17.8 This property is located in an area that is designated as Mixed Residential in the Comprehensive Plan. This designation would seem to indicate that a variety of housing types and densities was intended for this area. Higher densities should be encouraged along section line roads to support future public transportation systems. 17.9 Sanitary sewer and water service to this site will be via extensions of mains that are being installed in the Thousand Springs Subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 17.10 Hydraulic analysis, indicates that development southeasterly of the Ridenbaugh Canal will experience lowerthan desirable water pressure due to the elevation differential in the area. The developers of Thousand Springs Subdivision and Thousand Springs Village Subdivision shall be responsible for the design and construction of a pressure booster station near the Three FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. ~ • Bars Drive crossing of the Ridenbaugh Canal. The subdivision designer shall coordinate the design and location with the Public Works Department. 17.11 Indicate any existing ditch easements on the preliminary plat map. The conceptual engineering plan doesn't show how they will be treated. Revise the plan to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. 17.12 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 17.13 Applicant has indicated that the pressurized irrigation system within this development is to be an extension of the Nampa & Meridian Irrigation District system being installed to serve the Thousand Springs Subdivision and Sherbrooke Hollows. 17.14 Applicant shall be responsible to construct asix-foot-high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary. Applicant shall also install either three- to four-foot-high fencing or non-combustible, non-sight-obscuring fencing along the northern boundary of Lot 19, Block 1, and the eastern boundary of Lot 17, Block 1. Fencing is to be in place prior to applying for building permits. 17.15 S. Lava Way, to the north of this proposed project, was stubbed to this property for future extension. The applicant is proposing to leave S. Lava Way as a cul de sac and provide a pedestrian walkway to provide inter- neighborhood connection because of the proposed layout. The pedestrian walkway needs to be paved and landscaped- in accordance with City Ordinance. 17.16 A stub street needs to be provided to the westerly boundary of the two-acre (+/-) parcel that. is not included as part of the plat, but is included as part of the annexation. 17.17 A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 17.18 A development agreement is required for this project, as a condition of annexation of the property. 17.19 Applicant will disclose whether or not the drainage system being designed in the northwest corner of this development has a discharge point to the existing ditch system. Applicant will disclose whether or not the drainage facilities being designed are on Lot 19, Block 1. It appears that the storm drains discharge into this Lot. 17.20 Applicant proposes 50-foot-wide rights-of--way throughout the development; with the four-foot-wide planting strip shown, two feet of .each sidewalk would be on private property. The street and sidewalk improvements in their entirety be within a minimum 55-foot-wide ACRD right-of--way; a total right-of- way width of 57 feet. In the alternative the existing configuration provided by the applicant would be adequate subject to the condition that the developer installs the necessary landscaping and irrigation, including trees, within the four-foot-wide planting strip, similar to the first phase of Los Alamitos No. 1. 17.21 Dedicate 48-feet of right-of-way from the centerline of Eagle 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 all right- of-way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 17.22 Construct the main project entrance off Eagle Road with two 21-foot street sections with curb, gutter and 5-foot wide sidewalk separated by a center median and located approximately 140-feet north of the southern property line. The median shall be constructed a minimum of 4-feet wide to total a minimum 100-square foot area and dedicate sufficient right-of--way to include the required improvements. 17.23 Construct a center turnlane, shadow taper and right-turn deceleration lane on Eagle Road at the main site entrance. Coordinate the design of the center turn lane, shadow taper and right-turn deceleration lane on Eagle Road with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. t ~ 17.24 The existing driveway on Eagle Road serving a single family dwelling is approved with this application. Pave the driveway 16 to 20-feet wide and at least 20-feet beyond the edge of pavement of Eagle Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 17.25 Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the entire site including the out parcel. The sidewalk shall be located two feet within the new right-of-way of Eagle Road. Coordinate the location of the sidewalk with District staff. 17.26 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 387-6380 (with file numbers) for details. 17.27 Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 17.28 Provide four stub streets located as follows: ^ between Lot 4, Block 2, and Lot 1, Block 3. ^ between Lot 18, Block 3, and Lot 5, Block 5. ^ between Lot 1, Block 5, and Lot 19, Block 1. 17.29 Provide a 10-foot wide paved pedestrian pathway located between Lots 16 and 18, Block 1, of the proposed subdivision. Coordinate the location of the pedestrian pathway with District staff. 17.30 Construct all public roads within the subdivision as 37-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of the right-of- way. 17.31 Construct an ACRD approved turnaround at the end of Goldbug Court. Submit a design of the turnaround for review and approval by District Staff. 17.32 Otherthan the access points specifically approved with this application, direct lot or parcel access to is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 17.33 The City should have another water supply in the subject area prior to approval of any projects. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. f~ 18. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 17, and all subparts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 19. The development of the property as (R-4) Low Density Residential District, as requested by the applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (R-4) Low Density Residential District and is in accordance with the adoptive Comprehensive Plan of the City of Meridian. 20. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 21. There are no major or scenic features of major importance that affect the consideration of this application. 22. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as follows: 22.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. 22.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 22.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 22.4 The application is consistent with Meridian's self identity. 22.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 22.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 22.7 Compliance with the requests of the Political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services. and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 22.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 23. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. r: CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975" codified at Chapter 65, Title 67, Idaho Code by the adoption of "Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 1. The Goals of the Comprehensive Plan are set forth at Page 5 and include: 1.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 1.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the FINDINGS OF FACT AND CONCLUSIONS OF LAW - 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. • • provision of services and the distribution of new housing units within the Urban Service Planning Area. 1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 1.4 To provide housing opportunities for all economic groups within the community. 1.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 1.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 1.7 To provide community services to fit existing and projected needs. 1.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 1.9 To encourage a balance of land use patterns to insure that revenues pay for services. 1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 3. Under TRANSPORTATION, Page 43 Existing Conditions a. Eagle Road north of Overland Road is designated as a principal arterial. 4. Under COMMUNITY DESIGN, at Page 71 FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. • Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community Design Areas Goal Statement 2.1 U Require businesses and government to install and maintain landscaping. 2.2U Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. Quality of Environment Goal Statement Policies 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. ~~ .J • 5. The requested zoning of Low Density Residential District, (R-4) is defined in the Zoning Ordinance at 11-2-408 B. 3. as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 6. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which Idaho Code §67-6513, relates to subdivision ordinances, and provides as follows: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision. 7. That pursuant to the authority of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 8. That Section 11-9-605 G 1. states as follows: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement. 9. That Section 11-9-605 L states, in part, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14 AND DECISION AND ORDER GRANTING APPLICATION FOR~ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 10. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan ....; 5. Amore convenient pattern of commercial, residential and industrial uses as well as public services which support such uses. 11. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 12. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 13. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 14. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. • If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. 15. As a condition of annexation and the zoning of (R-4) Low Density Residential, the Applicant may be required to enter into a development agreement as authorized by Sections 11-2-416 L and 11-2-417 D of the real property, which is the subject of this application, prior to the passage of an annexation and ordinance of zoning designation; that the Applicant enter into a development agreement for the development of the subject property, condition of annexation, a condition of zoning (R-4) Low Density Residential, authorized by Sections 11-2-416 L and 11-2-417 D, Municipal Code of the City of Meridian. As an alternative to entering into a development agreement Applicant may be required to submit detailed site plans for review by the Planning and Zoning Commission or City Council for approval. 16. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: 16.1 If property is annexed and zoned, the City may- require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. This application is for annexation and zoning of two parcels which abutt each other and which are the subject to the application for annexation and zoning and are described in the application, and by this reference said descriptions are incorporated herein as if set forth in full. One parcel is owned by Reo L. Hastings, and the other by Reo L. Hastings and Vernetta Hastings, husband and wife, and the other parcel owned by Howard M. Andreasen and Gordon M. Harris and Mary A. Harris, husband and wife, the legal description for all of which is set forth in the legal description which is contained on the "Annexation Description for Farwest Development (Village at 100 Springs)" prepared by Michael E. Marks, P.L.S. No. 4998 dated November 12, 1998. The two parcels are approximately 21.54 acres in size. The property is located North of E. Victory Road, West of S. Eagle Road, Meridian, Idaho. The legal description for annexation included in the application appears to describe the subject site; however it is not tied to recognized government corners as required by the State Tax Commission. Applicant shall submit a revised legal description that references the recognized government corners. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. The legal description submitted with this application does not match the boundary of the preliminary plat map along the McDonald Lateral. Submit a new legal or revise the preliminary plat to accurately depict the boundary to be annexed. The legal description shall be prepared by a Registered Land Surveyor, licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. It should also be noted that the parcel in the northeast corner labeled "Not a Part" is included in the legal description of the annexation. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (R-4) Low Density Residential District Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. • 3. Detailed site plans are to be prepared by the applicant for any improvements upon the subject real property to be reviewed and approved by the Planning and Zoning Commission and which plans shall comply with the following: 3.1 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. 3.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 1 I-9-606.6. 3.4 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 3.5 Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 3.6 Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 3.7 This property is located in an area that is designated as Mixed Residential in the Comprehensive Plan. This designation would seem to indicate that a variety of housing types and densities was intended for this area. Higher densities should be encouraged along section line roads to support future public transportation systems. 3.8 Sanitary sewer and water service to this site will be via extensions of mains that are being installed in the Thousand Springs Subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. 3.9 Hydraulic analysis indicates that development southeasterly of the Ridenbaugh Canal will experience lower than desirable water pressure due to the elevation differential in the area. The developers of Thousand Springs Subdivision and Thousand Springs Village Subdivision shall be responsible for the design and construction of a pressure booster station near the Three Bars Drive crossing of the Ridenbaugh Canal. The subdivision designer shall coordinate the design and location with the Public Works Department. 3.10 Indicate any existing ditch easements on the preliminary plat map. The conceptual engineering plan doesn't show how they will be treated. Revise the plan to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. 3.11 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 3.12 Applicant has indicated that the pressurized irrigation system within this development is to be an extension of the Nampa & Meridian Irrigation District system being installed to serve the Thousand Springs Subdivision and Sherbrooke Hollows. 3.13 Applicant shall be responsible to construct asix-foot-high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary. Applicant shall also install either three- to four-foot-high fencing or non-combustible, non-sight-obscuring fencing along the northern boundary of Lot 19, Block 1, and the eastern boundary of Lot 17, Block 1. Fencing is to be in place prior to applying for building permits. 3.14 S. Lava Way, to the north of this proposed project, was stubbed to this property for future extension. The applicant is proposing to leave S. Lava Way as a cul de sac and provide a pedestrian walkway to provide inter- neighborhood connection. Because of the proposed layout, staff supports the pedestrian walkway. The pedestrian walkway needs to be paved and landscaped in accordance with City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. 3.15 A stub street needs to be provided to the westerly boundary ofthetwo-acre (+/-) parcel that is not included as part of the plat, but is included as part of the annexation. 3.16 A detailed landscape plan forthe common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 3.17 A development agreement is required for this project, as a condition of annexation of the property. 3.18 Applicant will disclose whether or not the drainage system being designed in the northwest corner of this development has a discharge point to the existing ditch system. Applicant will disclose whether or not the drainage facilities being designed are on Lot 19, Block 1. It appears that the storm drains discharge into this Lot. 3.19 Applicant proposes 50-foot-wide rights-of-way throughout the development; with the four-foot-wide planting strip shown, two feet of each sidewalk would be on private property. The street and sidewalk improvements in their entirety be within a minimum 55-foot-wide ACRD right-of-way; a total right- of-way width of 57 feet. In the alternative the existing configuration provided by the applicant would be adequate subject to the condition that the developer installs the necessary landscaping and irrigation, including trees, within the four-foot-wide planting strip, similar to the first phase of Los Alamitos No. 1. 3.20. Dedicate 48-feet of right-of--way from the centerline of Eagle 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 all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. 3.21 Construct the main project entrance off Eagle Road with two 21-foot street sections with curb, gutter and 5-foot wide sidewalk separated by a center median and located approximately 140-feet north of the southern property line. The median shall be constructed a minimum of 4-feet wide to total a FINDINGS OF FACT AND CONCLUSIONS OF LAW - 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. ~ ~ minimum 100-square foot area and dedicate sufficient right-of-way to include the required improvements. 3.22 Construct a center turnlane, shadow taper and right-turn deceleration lane on Eagle Road at the main site entrance. Coordinate the design of the center turn lane, shadow taper and right-turn deceleration lane on Eagle Road with District staff. 3.23 The existing driveway on Eagle Road serving a single family dwelling is approved with this application. Pave the driveway 16 to 20-feet wide and at least 20-feet beyond the edge of pavement of Eagle Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3.24 Construct a 5-foot wide concrete sidewalk on Eagle Road abutting the entire site including the out parcel. The sidewalk shall be located two feet within the new right-of-way of Eagle Road. Coordinate the location of the sidewalk with District staff. 3.25 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 387-6380 (with file numbers) for details. 3.26 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 3.27 Provide four stub streets located as follows: ^ between Lot 4, Block 2, and Lot 1, Block 3. ^ between Lot 18, Block 3, and Lot 5, Block 5. ^ between Lot 1, Block 5, and Lot 19, Block 1. 3.28 Provide a 10-foot wide paved pedestrian pathway located between Lots 16 and 18, Block 1, of the proposed subdivision. Coordinate the location of the pedestrian pathway with District staff. 3.29 Construct all public roads within the subdivision as 37-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of the right-of-way. 3.30 Construct an ACRD approved turnaround at the end of Goldbug Court. Submit a design of the turnaround for review and approval by District Staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. • ~ ~e R~~ 3.31 Other than the access points specifically approved with this application, direct lot or parcel access to~ is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 3.32 The City should have another water supply in the subject area prior to approval of any projects. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. NOTICE OF FINAL ACTION • Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held February 16, 1999. ROLL CALL COUNCILMAN KEITH BIRD VOTED COUNCILMAN RON ANDERSON VOTED COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN GLENN BENTLEY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED, DATED: MOTION: ,( APPROVED:~~~~° __. DISAPPROVED:. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 23 ~CEIV~ AND DECISION AND ORDER GRANTING APPLICATION ~E~7 - ~ ~~~ FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE ~,Y ~ ~~~~ MARTIN DEVELOPMENT, INC. • • Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. City Clerk msg\D:\MyFiles\Meridian City File\Thousand Springs Village AZ\AZ.FCS.wpd Dated: ~ ~ L FINDINGS OF FACT AND CONCLUSIONS OF LAW - 24 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /THOUSAND SPRINGS VILLAGE MARTIN DEVELOPMENT, INC. • • 1.3 "Association" shall mean and refer to Thousand Springs Village Homeowners' Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. 1.4 "B i/ in "includes any Dwelling Unit, house, garage, or any other partially or fully enclosed building, shed or other structure, consisting of one or more walls or roof. A building includes barns, sheds, animal enclosures which have a partial or full roof impervious to water in whole or in part, and similar structures. 1.5 "Common Area" shall mean and refer to Thousand Springs Village and to any lot or parcel designated as Common Area in the final plat of the subdivision or in a Supplemental Declaration subjecting additional real property to this Declaration. is a Common Area Lot that shall be used primarily for retention pond/drainage basins, which Lot together with any other Lots so designated in a Supplemental Declaration shall be referred to as "Drainage Lots." 1.6 "Common Faci/ities"shall mean and refer to those physical improvements constructed by Declarant upon Common Area or upon the utility easement over each Lot including, without limitation, benches, bridges, walkways and pedestrian paths, drainage facilities, streams, waterfalls and waterways. Common facilities shall not include the pressurized irrigation system unless and until it is conveyed to the Association; it being the specific intent of the Declarant that the pressurized irrigation system shall be installed by the Declarant and shall be conveyed to the Nampa and Meridian Irrigation District, together with an easement over each Lot and Common Area for the installation, operation and maintenance of the system by the District. 1.7 "Declaration "shall mean this Declaration. 1.8 "Dwe//ing Unit" shall mean that portion or part of any structure intended to be occupied as asingle-family residence, together with the vehicular parking garage next to such dwelling unit and all projections therefrom. 1.9 "First Mortvaae" shall mean any Mortgage possessing or holding a lien on a Lot or any part thereof prior to any other Mortgage. 1.10 "First Mortgagee" means Mortgagee who holds a First Mortgage. 1.11 "Lotfsl" shall mean and refer to the plots or tracts of land comprising the Property, designated by lot numbers on the plat, or any resubdivision thereby except the Common Area. 1.12 "Mortvave" shall mean any mortgage, deed of trust, land sale contract or other security instrument by which a Lot is encumbered. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 • • 1.13 "Mortgagee" shall mean any person or the successor to any person named as the mortgagee, beneficiary, seller or creditor under a Mortgage. 1.14 "Nonconforming Bui/dino" includes any building legally existing and/or used as of the date of this Declaration which does not conform with the building restrictions set forth in Article 6 of this Declaration. 1.15 wn r" shall mean and refer to the record owner of fee simple title to any Lot, excluding those record owners having title merely for security for the performance of an obligation. 1.16 "P~" shall mean and refer to that certain plat of Thousand Springs Village to be recorded in the Ada County Recorder's office, which plat covers and subdivides all of Subject Property. 1.17 "Property" shall mean the property defined as Subject Property in the recitals above, and shall further mean and refer to such additional real property as may hereafter be made subject to this Declaration by Supplemental Declaration pursuant to the provisions hereof for annexation of additional parcels of real property. ARTICLE 2: HOMEOWNERS ASSOCIATION 2.1 Formation. It is contemplated that simultaneously with the execution and recordation of this Declaration, the Association will be incorporated and will adopt By- laws for its governance. To the extent the Articles of Incorporation or By-Laws of the Association by conflict with the provisions of this Declaration, the provisions of this Declaration shall control. 2.2 Membership. Each Owner shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership shall be the sole qualification for membership and shall automatically commence when a person becomes such Owner and shall automatically terminate when such ownership is conveyed or transferred. There shall be only one membership for each Lot. If there are multiple Owners of a Lot, the Owners shall, by written instrument filed with the Association, designate the individual entitled to exercise the privileges of Membership. 2.3 classes of Voting Members. The Association shall have two classes of voting membership; however, all votes shall be equal and counted as such, except where voting by separate classes may otherwise be provided in the Articles and By- laws of the Association or this Declaration. (a1 Class A members shall be Owners with the exception of the Declarant (during the period when the Declarant is a Class 6 member). After the Class B membership converts to Class A memberships, each Class A member shall be entitled to one vote for each Lot owned. If there are multiple Owners of a Lot, the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 • • Owners shall designate the individual entitled to exercise the voting privileges of membership and in no event shall more than one vote be cast with respect to any Lot. (b) The sole Class B member shall be the Declarant, or the Declarant's successor or assignor. Class B membership shall cease and be converted automatically to Class A membership (one Class A membership for each Lot owned) when the Declarant owns ten percent (10°k) or less of all of the Lots which are part of the Property or any Additional Property annexed or to be annexed under Article 4. Until that time, all Association matters shall be governed by the Class B member. ARTICLE 3: RIGHTS RESERVED BY DECLARAN 3.1 Notwithstanding anything to the contrary contained in this Declaration,. Declarant expressly reserves unto: (a) Itself, its successors and representatives, contractors and their subcontractors easements and rights-of-way on, over and across all or any part of the streets for vehicular and pedestrian ingress and egress to and from any part of the Property, or any adjacent real property owned by Declarant, or its successors or assigns; (b- Itself, its successors and representatives, contractors and their subcontractors (including any district, company, unit of local government, Association or other entity providing water, sewer, gas, oil, electricity, telephone, cable television, or other similar services, easements, access and rights-of-way on, over, under and across all or part of the Common Area and utility easements on, over and under all Lots and Common Area as provided on any recorded subdivision plat of the Property for installation, use, maintenance and repair of all lines, wires, pipes, pumps, water wells, facilities, and other things necessary for all such services, provided that any installation, maintenance or repair of such lines, wires or pipes shall be performed with reasonable care and that the surface of said easement area shall be restored to the level and condition that existed prior to the doing of work; and (c) Itself, its agents and successors, all water and water rights over, upon or under or appurtenant to the Property, or any portion thereof, and a nonexclusive easement ten (10) feet wide, inside the boundary of each Lot and the Common Area adjacent to the right-of-way for construction of a pressurized pipe irrigation system will be conveyed to and operated by the Association or the Nampa- Meridian Irrigation District. Groundwater appropriated for the domestic water system will be owned by the City of Meridian. ARTICLE 4: MAINTENANCE. 4.1 Responsibilities. Among its other responsibilities, the Association shall maintain all Common Areas and those Common Facilities dedicated to it and all landscaping, fencing, surfaces, bridges, and other improvements thereon and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 • • easements therefore. Such Common Area and Common Facilities shall be maintained in a neat, landscaped and attractive manner. Common Area and Common Facilities shall also include any real or personal property as may be conveyed to the Association from time to time by Declarant, or designated by Declarant as Common Area in any Supplemental Declaration. 4.2 Private Pro2erty. The Association shall also be responsible for the maintenance of any perimeter fencing of the property including the fencing of those Lots that are contiguous to established irrigation and/or drainage ditches. 4.3 Sidewalk Median Strin. The subdivision has been designed with sidewalks set back from the street curbs by a landscaping median approximately four feet in width. Although the front lot lines are approximately two feet into the sidewalk, maintenance and landscaping of the median strip in front of each owner's lot shall be the responsibility of the lot owner. Although the Association shall not be responsible for maintaining the median strip, it shall have the authority to do so in the event a lot owner(s) fails to do so. ~,be wC~serY'~" ~`'A~ tt~rl` non ~it'ip, 1~~+ ~ ~'~'~ ~~. `~ cft #~t~d• Itfly t~~' sasess~ga~~t~~tt ~tblr~ !or ac-ata~e~ ~,Y~r rd it't ~Ct3r+dee~~~#~'t'1~1Cf~`~.1 #+Ei€# 4.4 Management. The Association may employ the services of a manager and other personnel to carry out the management of the Association's maintenance responsibilities. 4.5 Heavv Maintenance of Drainage Lots. Heavy maintenance consists of periodically inspecting the Drainage Lots to insure they are functioning properly; cleaning out the piping and mucking out the Drainage Lots when the sediment level exceeds the designated storage level. All other maintenance shall be referred to herein as "light maintenance." Ada County Highway District (ACRD) has opted to perform this heavy maintenance and shall be allowed, by the Homeowners Association, to perform this maintenance work. In the event ACRD shall decide not to do such "heavy maintenance" then the Association shall do it. 4.6 Fa~ement to ACRD for Heavv Maintenance. Each drainage lot shall have an access road along one side of it to support a HS-20 truck loading. Such access road shall be accessible from the adjacent subdivision street, extend along an entire side of such drainage lot and be at least twelve (12) feet wide. ACRD is hereby granted an easement along one side of each drainage lot for the purpose of access to perform this heavy maintenance. An easement is granted across each entire drainage lot as needed for maintenance of the retention ponds by ACRD, and no landscaping or other obstruction shall be placed on the Drainage Lots in a manner that would interfere with the heavy maintenance. In the event that it is necessary to replace any DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 • ~ improvements to the Drainage Lots such as fences, trees and/or sod, the removal of which has been necessary to perform maintenance, such replacement shall be the responsibility of the Homeowners Association. 4.7 light Maintenance of Drainage Lots. The Association shall perform all "light maintenance" of the Drainage Lots pursuant to that certain Manna/ for Light Maintenance, the original of which shall be kept on file with the Homeowners Association with copies made available to any interested party upon request. Said Manna/ for Light Maintenance is incorporated herein by this reference. ARTICLE 5: PROPERTY RIGHT 5.1 Owners' Rights of Enjoyment. Every Owner shall have a right in and to the Common Areas and Common Facilities, subject to such reasonable rules and regulation covering the use and access to such areas and facilities as may be adopted by the Association. 5.2 Dedication. The Association shall have the right to dedicate or transfer all or any part of the Common Area or Common Facilities to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by two-thirds of the members of the Association. 5.3 Img_rovements. The Association shall have the right, in accordance with its Articles and Bylaws, to borrow money for the purpose of maintaining and improving the Common Area and Common Facilities and in support thereof to mortgage said property, provided the rights of such mortgagee shall at all times be subordinate to the rights of the Owners under this declaration. ARTICLE 6: ASSESSMENTS 6.1 Creation of Lien and Personal Obligation of Assessments. Each Owner, by acceptance of the deed therefore (whether or not it shall be so expressed in such deed) is deemed to covenant and agree to pay: (a1 To the Association, regular annual or other regular periodic assessments or charges 1"Regular Assessments"1; (b1 To the Association, Special Assessments for capital improvements, such Special Assessments to be fixed, established and collected from time to time as hereinafter provided; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 ~ • (c) To the Association and/or the Nampa Meridian Irrigation District, Irrigation Assessments. It is contemplated that the Nampa and Meridian Irrigation District shall provide pressurized irrigation water services to all lots. In addition to any assessments made by the Nampa and Meridian Irrigation District for irrigation water, Owners shall be required to pay an additional assessment to the Association, or in the event the pressurized irrigation system is conveyed to Nampa and Meridian Irrigation District, then to the District, an additional assessment under Idaho Code §43-330(f) for the operation, maintenance and repair of the pressurized irrigation water system. Each Owner is prohibited from making any cross-connection or tie-in between the irrigation water system and the domestic water system. WATER FROM THE IRRIGATION WATER SYSTEM IS NOT DRINKABLE; EACH OWNER SHALL BE RESPONSIBLE TO INSURE THAT IRRIGATION WATER WITHIN THE BOUNDARIES OF THE OWNER'S LOT IS NOT CONSUMED BY ANY PERSON OR USED FOR CULINARY PURPOSES; and (d) In addition to the Regular and Special Assessments, the Association shall have the power to levy a Limited Assessment against Owners and Lots for maintenance and repair of any Lot or any improvement on a Lot, if such maintenance and repair is necessary to preserve the quality of the subdivision; and/or to correct a violation of the Declaration or any amendment thereto or the ACC Rules. No such Limited Assessment shall be levied until (a) the Board or ACC has given written notice to the Owner of the maintenance or violation cure required; (b) the Owner has refused to perform the required maintenance or correct the violation within a reasonable time; and (c1 the Association has incurred expenses for maintenance or correcting the violation. Thereupon, the Board shall have the power to levy a Limited Assessment against the Owner to pay for the costs of such maintenance and repair or correction of violation and any other costs or expenses, including attorney fees, arising out of or incident to such maintenance and repair of the Association. The Regular, Special, Limited and Irrigation Assessments, together with interest thereon and costs of collection and reasonable attorney fees, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney fees, shall also be the personal obligation of the Owner at the time when the assessment fell due. The right to collect and enforce payment of the assessments is vested in the Association. If an Owner fails to pay an assessment within thirty (30) days of its due date, the Association shall prepare a written notice of assessment setting forth the type of assessment, the amount of the assessment, the amount remaining unpaid, the name of the record Owner of the Lot, and a legal description of the lot. Such notice shall be signed by the President and Secretary of the Association, whose signatures shall be acknowledged by a notary republic, and such notice shall be recorded in the office DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 7 • of the Ada County Recorder. Thereupon, and upon the continuing failure of the Owner to pay an assessment, the lien for assessment herein created may be foreclosed upon as provided by law for foreclosure of a mortgage on real property and other real property liens. Notwithstanding anything to the contrary contained in the Declaration and any amendment thereof, no action may be brought to foreclose the lien of any assessment until the expiration of thirty (30) days after written notice of default has been deposited in the United States mail, addressed to the Owner of the Lot at the street address of the Lot or the last known address of the Owner, if otherwise shown on the books and records of the Association. Such notice shall specify the amount and due date of the unpaid assessments and the legal description of the Lot. 6.2 Purpose of Assessments. The assessments levied by the Association or the Declarant shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of Property and to carry out the objectives and responsibilities of the Association, and in particular for the improvements and maintenance of any Common Area, Common Facilities and all improvements constructed thereon, the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area and Common Facilities, and including without being limited thereto, the payment of taxes and insurance on all or any part of said property. 6.3 Assessment Limitations. Until January 1 of the year immediately following the conveyance of the first dwelling Lot to any Owner, the maximum Regular Assessment shall not exceed 5240.00 for each Lot subject thereto. Thereafter, the maximum Regular Assessment per lot may be increased each year not more than five percent (5%) above the maximum assessment for the previous year without a vote of the membership. In order to increase the assessment by more than 5°~ for any given year, there must be a vote of two-thirds of the members affirming any such increase at a meeting duly called for this purpose. The Board of Directors of the Association may fix the Regular Assessment at any amount equal to or less than the maximum. 6.4 Initial Reg,plar Assessments. Initial Regular Assessments shall commence as to each Lot upon the closing of the first sale of such Lot from the Declarant, or as to the remaining Lots owned by Declarant, when such Lots are no longer offered for sale to the general public. At each such closing, the Owner thereof shall pay the sum of 5100.00 and such portion of the greater of either an additional $100.00 or any existing Regular Assessment set by the Declarant or the Association pro rated for the remainder of the calendar year. The initial 5100.00 shall be paid to the Declarant to reimburse the Declarant for Association fees incurred by the Declarant prior to the assumption by the Association of the Association's duties and obligations with the pro rata portion of the initial Regular Assessment paid to the Association if the Association has conducted its first annual meeting, elected a board of directors, established a Regular Assessment, and assumed the obligations and expenses of the Association; otherwise, to the Declarant. Until the Association has conducted its first meeting, the Declarant shall have the full power and authority to exercise all of the rights, duties DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8 ~ • and functions of the Association. The Declarant shall have the exclusive use of assessments for the purpose of discharging the duties and obligations of the Association in accordance with this Declaration. The Association shall, upon its first meeting, initiate assessments in accordance with this Article 5, without regard to or an accounting of the initial deposits or other assessments previously paid to the Declarant. 6.5 Assessment Due Date. The due date for Regular Assessment shall be March 1, unless some other due date(s) is established by the board. Each assessment shall be delinquent if not paid within fifteen days after the due date set forth in any notice of assessment. 6.6 Interest and Penalties. Any Regular, Special, Limited or Irrigation Assessments levied on Lots if not paid when due, shall bear interest at an annual rate as shall be set by the board from time to time, or if none is so set, at an annual rate of 12°k Such interest shall commence on the date the assessment becomes due and payable. In addition to the interest charged, the board may, in accordance with Rules and Regulations promulgated by it, impose additional fines or charges for the failure of an Owner to timely pay any assessment when due. The right of the board to charge interest or impose additional fines or charges shall be in addition to, and not in lieu of, any other right of enforcement or sanction available to the board in the event of non payment of an assessment. 6.7 Billing for Annual Assessment. The Regular Assessment may be billed on a monthly basis, 1 /12th per month, or on a quarterly basis, 1 /4th per quarter, in advance. 6.8 Special Assessments. In addition to the Regular Assessments, the Association may levy in any assessment year, a Special Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area and Common Facilities including the necessary fixtures and personal property related thereto, provided the assent of atwo-thirds majority of the votes represented by those members who are voting in person or by proxy at the meeting duly called for this purpose is obtained. 6.9 Notice and Quorum for Special Assessment. Written notice of any meeting called for the purpose of making a Special assessment shall be sent to all Association members not less than twenty (20) days in advance of such meeting. Such notice shall specifically indicate that a Special assessment is to be considered at such meeting. A quorum of not less than aone-third majority of the members entitled to vote shall be required at such meeting whether in person or by proxy. 6.10 Uniform Rate of Assessment. Special Assessments must be fixed in an equal amount for each Lot. All Special Assessments shall equally apply to all Lots, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 • • and no special rate or reduction in assessment rate shall be allowed because any Lot is unimproved or does not have a Dwelling Unit thereon. 6.11 Effective Nonpayment of Assessments• Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12°k1 per annum. The Association may bring an action against the Owner personally obligated to pay the same, or foreclose the lien against the Lot or Lots of the Owner. 6.12 S~~hordination to the Lien of Mortgage. The lien of assessments provided for herein shall be subordinate to the lien of any First Mortgage. Sale or transfer of any Lot shall not affect the assessment lien, but the sale or transfer of any Lot pursuant to a Mortgage foreclosure, if the Mortgage is held by any person other than a prior Owner of the Lot, shall extinguish the lien of such assessments as to payments which have become due prior to such sale or transfer. 6.13 Enforcement of Common Area Maintenance. Notwithstanding that the Association is obligated to maintain the Common Areas and Common Facilities contained therein as defined herein and within the Articles of Incorporation of the Association, it is hereby provided that Meridian City and/or the Ada County Highway District ("ACRD") and/or the Nampa Meridian Irrigation District (NMID) may elect to maintain any part or facility of the Common Areas defined herein should the Association or the Declarant fail to maintain the same. In the event that Meridian City and/or ACRD determines, in its sole discretion, that the Association is not adequately maintaining the defined Common Areas or Common Facilities, Meridian City, ACRD and/or NMID shall, before undertaking maintenance of said Common Areas, provide written notice of its and/or their intention to begin maintenance of the defined Common Areas or Common Facilities within a thirty (30) day period, within which time frame the Association may undertake to initiate and conclude all maintenance defects as identified by Meridian City, ACRD and/or NMID. In the event that the Association shall fail to commence and conclude maintenance of the defined Common Areas or Common Facilities. Meridian City, ACRD and/or NMID are hereby granted an irrevocable license and easement to enter upon any portion of the Common Areas to perform inspection and maintenance. Should Meridian City, ACRD and/or NMID engage in maintenance of the defined Common Areas or Common Facilities after having provided notice to the Association and having provided notice to the Association and having provided the Association an opportunity to undertake said maintenance, the Meridian City, ACRD and/or NMID shall be entitled to and empowered to file a ratable lien against all Lots within Thousand Springs Village with power of sale as to each and every Lot to secure payment of any and all assessments levied against any and all Lots in Thousand Springs Village pursuant to this Declaration, together with interest at the rate which accrues on judgments and all costs of collection which may be paid or incurred by Meridian City, ACRD and/or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 i • NMID in connection therewith. Meridian City, ACRD and/or NMID may exercise their rights under Idaho Code by assessing the Lot Owners and certifying those assessments in the same manner as real property tax. This section shalt not be amended without prior written approval from Meridian City, ACRD and/or NMID. The Association shall not be dissolved or relieved of its responsibility to maintain the defined Common Areas and Common Facilities contained therein without the prior written approval from Meridian City, ACRD and/or NMID. The Association and all Lots Owners, by accepting title to a Lot, agree that all Lot Owners within Thousand Springs Village are benefitted property Owners for purposes of this section. ARTICLE 7: PROPERTY USE RESTRICTIONS 7.1 The following restrictions shall be applicable to Subject Property and shall be for the benefit of and limitation upon all present and future Owners of Lots, or any interest therein, and the Association, which is hereby empowered, in addition to each Owner, to enforce the same: (a) Each Lot shall be used only for single family residential purposes, subject to the provisions as to Common Areas and Common Facilities and facilities used in common including schools. (b) No Lot may be further subdivided. (c) No animals, livestock, birds, insect or poultry of any kind shall be raised, bred, or kept on any Lot, except that no more than two (2) domesticated dogs and/or cats or other small household pets which do not unreasonably bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an Owner's Lot. (d) All garbage, refuse and animal waste shall be properly and promptly cleaned and stored and appropriately removed from each Lot so as to prevent unsightliness, or unnecessary or unreasonable odors. (e1 No equipment, motor homes, trailers, boats, camper, recreational vehicles, and other mobile equipment, trailers, implements, and vehicles (excluding automobiles) of all kinds or nature shall be parked or stored on any Lot, unless such items are fully screened or enclosed from view, or unless the ACC has otherwise approved the location and/or screening of said items. No commercial vehicle, trucks with a capacity in excess of one 11) ton, shall be parked or stored upon any Lot or street, whether public or private, within the subdivision. No inoperable vehicles shall be parked or stored in any public or private street, and all such vehicles shall be parked or concealed in the rear of the Lot, behind the rear line of any Dwelling Unit. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 11 ~ • (f) No truck, truck camper, tent, garage, barn, shack or other outbuilding or vehicle shall at any time be used as a residence or living place on any part of subject property. (g) No noxious, offensive or unsightly conditions shall be permitted upon any part of any Lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. (h1 Any lease allowing occupancy or residence in any Dwelling Unit, or use of any portion of any Lot within Subject Property, shall be subject in all respects to this Declaration. 7.2 The Owners have been made aware that the subject property has been developed in an agricultural community and that there will continue to be agricultural uses of some of the surrounding properties. The agricultural uses of the surrounding properties, including the use of agricultural machinery, burning and chemical weed control and fertilization, and the raising of livestock, although restricted from the subject property are not necessarily restricted from neighboring properties. This provision specifically puts the Owners on notice of such potential conditions. ARTICLE 8. BUILDING RESTRICTIONS 8.1 Mobile Homes. No mobile home, prefabricated home, trailer, modular home, or other pre-built or premanufactured home shall be allowed on any Lot. 8.2 Set Backs. The front lot line for each lot is located approximately two feet into the side walk, and although the current Meridian City zoning ordinance for this current subdivision permits a twenty foot front yard set back, it is a specific requirement of the City of Meridian and a specific building restriction herein that all dwelling units be set back twenty feet from the back (lot side) of the sidewalk. This set back is depicted on the front yard set back schematic attached as an exhibit to this document. 8.3 Dwelling Unit Size. No Dwelling Unit shall be constructed or placed on any Lot containing a total floor area on all floors intended and suitable for use as living area, not including a garage, of less than 1,400 square feet measured from the outside of the exterior walls, or with a ground floor area of less than 950 square feet. In computing floor area, basement space or any floor with a finished elevation more than three feet below the natural contour of the surrounding area shall not be included. No Building shall exceed two and one-half stories or 28 feet in height unless approved by the ACC. In granting or withholding such approval, the ACC shall consider the adverse effect of height on other properties within the subdivision and such other facts as may be reasonable. Each dwelling unit shall have an attached or detached DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 • • fully enclosed garage adequate for a minimum of two (21 standard size automobiles. No carport shall be allowed. 8.4 Construction of Buildinos. All construction work on Dwelling units shall be diligently and continuously pursued, and shall be completed within nine (9) months from the date construction started. 8.5 Outbuildings. Outbuildings, separate garages, sheds and shelters may be constructed only simultaneously with or after a Dwelling Unit has been constructed on the Owner's Lot. All such buildings shall be constructed only after written approval thereof by the ACC. Atl outbuildings shall be constructed of similar or compatible exterior materials with the Dwelling Unit so as to be aesthetically compatible therewith. 8.6 Fences. All Lots shall have an enclosed cedar-fenced backyard, however, no fence or wall of any kind shall be constructed on a Lot unless the plans and specifications therefore, including the location, design, material and colorthereof, have been approved in writing by the ACC prior to the construction or installation. All fences and/or walls constructed on a Lot shall be in compliance with the applicable ordinance of the City of Meridian, Idaho. All fences and walls shall be subject to the following restrictions: (a) No fence or wall shall be permitted to be constructed or installed on any portion of a berm constructed by the Declarant in Thousand Springs Village. lbl Fences and walls shall not extend closer to any sidewalk than twenty feet (20') nor project beyond the setback of the principal building on the Lot. No fence higher than six feet (6') shall be allowed without the prior written approval of the City of Meridian (if required) and the ACC. (c) All fences and walls shall be constructed and installed and maintained in good appearance and condition at the expense of the Owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. (dl No fence or wall shall interfere with the use and enjoyment of any easement reserved in this Declaration of Covenants, Conditions and Restrictions or shown on the recorded subdivision plat of the property. (e) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed which would unreasonably interfere with the use and enjoyment of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 • neighboring Lots and streets, and shall not be allowed if the same constitute an undesirable, noxious or nuisance effect upon neighboring Lots. (f- All fences constructed or to be constructed on common Lot lines shall be constructed and maintained at the equal expense of the Owners of the two Lots on which they are located. 8.7 Landscaping. The following provisions shall govern the landscaping of Lots within Thousand Springs Village: (a) The Owner shall prepare a landscape plan and shall submit the same to the ACC. The ACC shall approve said landscape plan prior to the installation and/or construction of landscaping on a Lot. Landscaping of a Lot shall be in accordance with the approved plan. (b) All required landscaping on a Lot shall be installed within thirty (30) days after substantial completion of the Building on the Lot, with a reasonable extension allowed for weather. (c) The initial landscaping shall include, as a minimum, sod in the front and side yards, sod or grass seeded in the rear yards, two (2) coniferous trees of at least 8' in height, five (5) ten gallon plants, fifteen (15) five gallon plants and fifteen (151 two gallon shrubs in the front yard. The use of berms and sculptured planting areas are not encouraged. (d) The four foot wide landscape area between sidewalk and curb of each Lot shall be landscaped by the Lot Owner with sod and Newport Plum trees of 3" caliper or greater. There shall be one such tree for each 40 lineal feet of Lot street frontage, including driveway cuts. Each such tree shall have a minimum three-foot six-inch diameter ring at its base without sod, planted with 18 mature marigolds and 36 mature fuschia petunias (or such other single or two color combination as determined by the ACC1, delineated from the sod with edging material, and covered with suitable mulching material such as wood chips, soil aid or the like in order to maintain a weed free flower bed in the tree ring. Maintenance of this landscaped strip shall be the responsibility of the individual Lot Owners unless it is assumed by the Homeowner's Association. ARTICLE 9: ARCHITECTURAL CONTROL 9.1 plans. No Dwelling Unit, building, fence, wall or other structure or substantial landscaping or screening planting shall be undertaken, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the ACC. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 • • 9.2 Exterior Materials and Colors. All exterior materials and colors shall be selected and used which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the end that all such Buildings will present a unified and coordinated appearance. All exterior finishes and/or colors shall be earthtone, including subtle blue and gray tones, as approved in writing by the ACC. Each house shall include some brick, stone stucco or other distinctive design features on the front exposure. No gravel roofs shall be permitted. Roofs shall be a minimum of 5/12 pitch with either cedar shakes or Pabco Laminated Series 25 year (or better) dimensional asphalt shingles, weathered wood, antique black or driftwood color, or such other dimensional asphalt shingles as is determined by ACC. 9.3 Vehicles. The use of all vehicles, including but not limited to automobiles, trucks, bicycles and motorcycles shall be subject to ACC rules, which may prohibit or limit the use thereof within Thousand Springs Village, provide parking regulations and other rules regulating the same. 9.4 Exterior Energy Devices. All energy production devices including, but not limited to, generators of any kind and solar energy devices, shall not be constructed or maintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by the ACC. 9.5 Mailboxes. No free-standing mailboxes shall be constructed or installed on any Lot without the prior written approval of the plans approved by the ACC. 9.6 i n No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonable sized vacancy sign or "For Sale" sign thereon. Signs advertising the name of the builder and the name of the institution providing financing therefore may be displayed on a Lot during construction of the Improvements. Lighted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give directors to traffic or pedestrians or give special instructions. Any directional or identification sign in Thousand Springs Village shall be permitted, provided the same is approved by the ACC prior to installation. 9.7 Adoption of ACC Rules/ACC Standards. The Declarant, or in the event of the Declarant's failure to do so, the Board, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of Improvements within the Property deemed necessary or desirable by the Declarant, or the ACC, consistent with the provisions of this Declaration. 9.8 Certification by Secretary. The secretary of the Association shall, upon written request, certify that improvements upon any Lot comply with this Declaration DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 15 • • and have been duly approved by the ACC, or in the event said building or other improvements do not so comply, specifying the extent of noncompliance. 9.9 Interpretation and Enforcement. The ACC shall have the authority to interpret and enforce any or all restrictions and covenants of these Declaration of Covenants, Conditions and Restrictions. The ACC shall have the authority to pursue whatever action or litigation required to cause any Owner to remove and replace any element that ACC interprets as deficient or outside of the standards established by this Section 9 of this Declaration of Covenants, Conditions and Restrictions. This right of enforcement can include the ACC hiring any or all of such work to be done and encumbering the Lot on which said work takes place for the full amount of the cost of said work plus any other costs ACC may incur in such enforcement. ARTICLE 10: ARCHITECTURAL CONTROL COMMITTEE. 10.1 Members of the Committee. The Architectural Control Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shall hold office until he has resigned or has been removed, but in any event, until said member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. 10.2 Apoointment. So long as the Declarant owns any Lot or parcel within the Property, the Declarant shall have the sole right to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Board. The ACC shall have the right by a resolution in writing unanimously adopted, to designate one 11) of its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shall constitute an act of the ACC. 10.3 Approval Reauired. No construction, alteration, modification, removal or destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated or be permitted to continue or exist within Thousand Springs Village without the prior express written approval of the ACC. 10.4 Variances. The ACC may authorize variances from compliance with requirements of any conditions and restrictions contained in this Declaration, the ACC Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or environmental considerations or hardship may so require. Such variance must be evidenced in writing signed by at feast two (2) members of the ACC. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 • • If a variance is granted as provided herein, no violation of this Declaration, ACC Rules/ACC Standards or prior approval shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. The granting of a variance by the ACC pursuant to this Section shall not relieve the Owner from the obligation to fully comply with applicable ordinances of the City of Meridian, Idaho. 10.5 Aoolication. To request ACC approval for the construction, alteration, modification, removal or demolition of any improvements within the property, the Owner shall submit a written application in a form required by the ACC which must be signed by the Owner and contain all information requested and be accompanied by all other material to be submitted as hereafter provided. All applications must contain, or have submitted therewith, the following material (collectively called "Plans and Specifications") prepared in accordance with acceptable architectural standards and submitted with the application form, if any, approved by the ACC: la1 i PI n. A site plan showing the location of the Building(s) and all other structure and improvements including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the improvements. (b) Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east and west sides, and detailed exterior specifications which shall include, by sample if required by the ACC, all exterior colors, materials and finishes, including roof, to be used. (c) Landscape Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. The ACC may, in its discretion, require the Owner to furnish additional materials and the materials submitted therewith and in reaching a decision thereon, the ACC DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 • • shall use its best efforts and judgment to assure that all improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance and be of the quality required to maintain Thousand Springs Village as a quality residential development. The ACC shall promptly review and approve or disapprove in writing all submitted plans, and if plans have not been disapproved within thirty (30) days after they have been submitted in writing to the president of the Association or any member of the ACC, such plans shall be deemed approved. ARTICLE 11: ANNEXATION 11.1 Procedure. Additional land contiguous to the subject property and owned by the Declarant, its successor or assigns, may be annexed by Declarant without the consent of members within twenty (20) years of the date of this instrument. Upon the earlier of recordation of a final plat of such additional land, or the certification by the Declarant describing additional land, that the Declarant intends to plat, such Additional Property shall, for the purposes of this Agreement, be deemed Additional Property. Amendment of the Declaration to include such Additional Property, and to subject such Additional Property to the rights, privileges, restrictions, covenants and easements herein provided shall be made by the execution and recordation by Declarant of a Supplemental Declaration, which shall describe the Additional Property being annexed, and any supplemental or different covenants, conditions and restrictions applicable thereto, and any deletions or modifications to these covenants, conditions and restrictions as the Declarant may deem appropriate, and shall describe the Common Area and Common Facilities thereof. Upon the recordation of the Supplemental Declaration, the Additional Property described therein, shall be subject to the term and provisions of this Declaration as though included originally in this Declaration, and the definitions of Property, Common Area and Common Facilities shall automatically be amended to conform to such supplement or supplements, as shall all the other definitions herein, including the definitions of Lot and Owner. All Owners of Lots located within the expanded Project shall be subject to all easements, restrictions and reservations set forth in this Declaration and shall have the privileges of use of Common Area and Common Facilities, except as otherwise provided herein and subject to the restrictions and reservations set forth in the Declaration as amended and supplemented from time to time. 11.2 Qg~i_gnation of Common Areas. Any Common Area and Common Facilities designated by Declarant as such on the plat of the newly annexed Additional Property or in the Supplement Declaration or conveyed to the Association by Declarant shall be subject to the same easements and other rights for the use and enjoyment of the Owners as for the other Owners of Lots subject to this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 18 • • ARTICLE 12: WATER SYSTEMS 12.1 Domestic Water. Each Lot shall have access to a domestic water system to be owned and operated by the City of Meridian. The domestic water system will provide water for culinary and other ordinary domestic household use and is not to be used to water a lawn, pasture, landscaped area or other similar areas except for Lots which do not have access to the irrigation system and for all Lots during those times of year when water is not being supplied by the irrigation system. Water from the domestic water system for irrigation purposes will be subject to rules of the City of Meridian and, in any event, is subject to availability. Water from the domestic water system shall not be used for any swimming pool or to supply any exterior decorative pond, or any other similar use or system without the prior written approval of each such use by the City of Meridian. The Association may elect to receive water for irrigation of the Common Area from the City of Meridian when water is not being supplied by the irrigation system, which use shall be paid by the Association from its assessments. Any Owner's use of water from the domestic water system shall constitute an agreement to pay the charges therefore by the City of Meridian. 12.2 Irrigation System. All Lots to which delivery of irrigation water is feasible in the Declarant's discretion, including the Common Areas, shall have access to a pressurized irrigation water system ("irrigation system") to be constructed by Declarant and owned and operated by the Association or the Nampa-Meridian Irrigation District for the benefit of the Declarant, the Association, and Lot Owners. Owners of Lots to which the system has been extended shall be required to pay the assessment therefore regardless of actual use or nonuse of water from the irrigation system. Use of the irrigation system shall be subject to such rules and regulations of the Association or the Nampa-Meridian Irrigation District and the right to receive water therefrom is, in any event, subject to availability for Lots and for the Common Area. Water from the irrigation system is not drinkable; each Lot Owner shall be responsible to ensure that irrigation water within the boundaries of his Lot is not consumed by any person or used for culinary purposes. ARTICLE 13: GENERAL PROVISION. 13.1 Enforcement. The Association, any Owner, or any First mortgagee shall have the right to enforce, by proceedings of law or in equity, the terms and provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter. 13.2 Severability. Invalidation of any one of these covenants or restrictions shall in no way affect other provisions which shall remain in full force or effect. 13.3 Term. This Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association, the Owner of any Lot, and any First DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 19 • • Mortgagee as provided herein, and their respective legal representatives, heirs, successors, grantees, and assigns, for a term of forty 1401 years from the date of this Declaration. 13.4 Amendments. Except as otherwise provided herein, any of the covenants and restrictions of this Declaration, except the easements herein granted for utilities and water distribution facilities, may be amended by an instrument signed by members entitled to cast not less than sixty-six and two-thirds (66-2/3) of the votes of the membership. Any amendment must be recorded. 13.5 Conveyance of Common Area. The Common Area and Common Facilities in each phase of development of the Project may be conveyed to the Association by Declarant, free and clear of all encumbrances, prior to the first mortgage in that phase being insured by HUD. Until conveyed, Declarant shall be solely responsible for the maintenance and management of Common Area and Common Facilities, and for all costs and expenses associated therewith not covered by the assessments provided for herein. 13.6 FHA/VA AR rn oval. As long as there is a Class B membership, the following actions may require the prior approval of the Federal Housing Administration or the Veterans Administration; annexation of additional real property to the Project, mergers and consolidations, mortgaging or dedication of Common Area, dissolution of amendment of the Articles of Incorporation or Bylaws of the Association, and amendment of this Declaration. 13.7 Contracts or Agreements. The Board of Directors may enter into such contracts or agreements on behalf of the Association as are required in order to satisfy the guidelines of the VA, FHA, the FHLMC, the FNMA or the GNMA or any similar entity, so as to allow for the purchase, guaranty or insurance, as the case may be, by such entities of first mortgages encumbering building Lots in the Project with dwelling structures thereon. IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date and year first above written. By DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 20 • • STATE OF IDAHO 1 ss. County of Ada - On this day of 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared known and identified to me to be the of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at ,Idaho Commission expires: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 21