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HomeMy WebLinkAboutThousand Springs No. 5 FP ,""~ HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 s CITY OF MERIDIAN PUBLIC WORKS Council Member NG DEPARTMENT BUILD CHARLES ROUNTREE 33 EAST IDAHO ? (..08) 887-....I 1 GLENN BENTLEY MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR CO Y OF MERID AN ELOPMENT PROJECTS WITH THE CI 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: May 28 1999 ~ SMITTAL DATE: Ma 5 1999 HEARING DATE: June 1 1999 ~Xr'e~~ec~ ~t~- TRAN FILE NUMBER: FP-99-017 REQUEST: FINAL PLAT FOR THOUSAND SPRINGS N0.5 BY: FARWEST LLC MARTY GOLDSMITH LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY AND WEST OF EAGLE ROAD 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 -rITY PI ANNER 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: R~~ST FOR SUBDIVISION APPR~AL FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: ~~~~~~ APB 2 31999 I FP-°I -0l"1 A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision, Thousand Springs Subdivision No. 5 2. General Location, SE '/a Sec. 20, T.3N., R.1 E., (North of Victory & west of Eagle Rd. ) 3. Owners of record, Sally Martin and Marty Goldsmith Address 4550 W. State Street, Boise, ID ,Zip 83703 Telephone 388-0189 4. Applicant Farwest, L.L.C. (Marty Goldsmith) Address, 4550 W. State St., Boise, ID 83703 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 Farwest, L.L.C. Address 4550 W. State St., Boise, ID 83703 Telephone 388-0189 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 32.06 2. Number Of lots 79 Buildable & 10 Non-Buildable lot 3. Lots per acre 2.78 4. Density per acre 2.46 du/ac 990205\subappl-final-mer (1) 5. Zoning Classifica~n(s) R-4 Zone • 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? No For future parks? Explain 11. What school(s) service the area Meridian , do you propose any agreements for future school sites Phase 5, Explain Dedication of a portion of a school site. 12. Other proposed amenities to the City schooUPark lot (Phases) Water Supply Central Water & Well Lot (Phase 1) Fire Department Fire Station Lot LPhase 1), Other ,Explain Bridge over the Ridenbaugh Canal in Phase 5 13. Type of Building (Residential, Commercial, Industrial or combination) Residential 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other Single Family Dwellings 15. Proposed Development features: a. Minimum square footage of lot(s), 8,000 SF b. Minimum square footage of structures 1,400 SF c. Are garages provided for, Yes square footage 400 SF min. d. Are other coverings provided for No e. Landscaping has been provided for Yes ,Describe Common lots will be landscaped Trees will be provided for Yes, trees will be maintained by Homeowner's Assoc. g. Sprinkler systems are provided for Yes all landscaped areas 990205\subappl-final-mer (2) h. Are there ~tiple units No , Type• N/A Remarks Are there special set back requirements Yes Explain Front yard setback: 20 feet from back of sidewalk (22' from R.O.W.) Has off street parking been provided for Yes Explain Driveways and Garages k. Value range of property N/A Type of financing for development Conventional m. Protective covenants were submitted Yes ,Date 4/16/98 16. Does the proposal land lock other property Stub streets have been provided Does it create Enclaves No STATEMENTS OF COMPLIANCE: Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. 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RT RT 500 0 500 1 1500 Feet BRIGGS ENGINEERING, INC. THOUSAND SPRINGS SUBDIVISION NO. 5 REVISION pINEEItl BRIGGS S 1/2 SECTION 20, T3N, R1E, B.M. MERIDIAN, ADA COUNTY, IDAHO ~ c SHEET 1 OF 1 (208) 344-9700 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. ~990205.APR BOISE, IDAHO 83705 BKB 1" =500' 04!21/99 990205 BLOCK 4/ -~ 85395 S RIDENBAUGH CANAL 124560 Sf 57 56 LOT AREAS F THOUSAND SPRINGS SUBDIVISION N0. 5 7~ `C' ~ ~ 63 3 7723 SF ~ ~0'• Q~ 55 fit ~ 9359 SF `t• M 60 ~ 1 ~o, 10401 SF • / ~ 59 61 10191 SF sa 970L2SF ,06,1 SF C s7 90781 SF 10991 SF s6 10141 SF 13726 SF ss 12618 SF t9 54 10917 SF 11493 SF 18 O s3 ~ 9267 $F 11352 SF 17 sz 10495 SF 12 1 10710 SF a 11424 SF 18 • a /cam s1 {~ n 'qp 9609 SF ~ 10714 SF G~ 11691 SF z ~ 1 p 50 ~ 10 12970 SF 1s ~S 11200 Sf 10176 SF S.\. 3 s 15708 SF ~ 11553 SF m a F' 49 10797 SF ~~ 4 ~ J1 9782 $F 10612 SF ~• Q ~ ~ 15604 g ~( 10567 SF 8 5 15 2 15731 SF 10511 SF CC~~ 8840 SF •y 10945 SF ~, ~ •6 ~ fi 2a a 3 ~ 17 9742 SF tv 10789 SF 4 9274 SF ~~ 7 9782 SF 1B`A 47 10953 SF 13 4 18 a6 10028 SF 10411 SF 9460 SF 11441 SF 12 s 11607 SF 9621 SF ryo 10702 SF 33 45 19 11 11179 SF ~ ~' 6 11375 Sf 96M SF 9" 9931 SF ~ 34 `~ 10 Q' 7 10340 SF m ~ 11523 SF 'p 14275 SF 9606 SF { 35 ` ~ 11105 SF p 20 10923 SF '.c a Yi 10028 SF ~ 32 9600 SF p ~ 9 P 3g 11268 SF J 11602 SF 10975 SF Z•0 9600 ~ 31 \k 37 8702 SF ~~ SF ~ zt 13114 SF 30 ~CN u 9720 SF 3a 9600 SF z9 39 9426 SF 23 zz 4/ 10931 SF 2e ~' 12177 SF 13502 SF 9759 SF ~'~' 23 9872 SF ~ 40 27 d, 24 17417 SF 14056 SF Q\SS 11218 SF ~• 25 9249 SF z6 22499 SF zs 11878 SF ~6 00"~ zs 15026 SF S 10876 SF l''4~ z3 ~9L a R~UEST FOR SUBDIVISION APPR~VAL FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION Name of Annexation and Subdivision, Thousand Springs Subdivision No. 5 2. General Location, SE '/a Sec 20 T 3N R 1 E. (North of Victory & west of Eagle Rd. ) 3. Owners of record, Sally Martin and Mart/ Goldsmith Address 4550 W. State Street, Boise, ID ,Zip 83703 Telephone 388-0189 4. Applicant Farwest. L.L.C. (Marty Goldsmith) Address, 4550 W. State St.. Boise. ID 83703 5. Engineer, Kathy Stroschein Firm Briggs Engineerina Inc Address, 1800 W. Overland Road, Boise, ID Zip 83705 Telephone 344-9700 6. Name and address to receive City billings: Name Farwest, L.L.C. Address 4550 W. State St., Boise, ID 83703 Telephone 388-0189 PRELIMINARY PLAT CHECKLIST: Subdivision Features Acres 32.06 2. Number of lots 79 Buildable & 10 Non-Buildable lot 3. Lots per acre 2.78 4. Density per acre 2.46 du/ac 990205\subappl-final-mer (1) 5. Zoning Classifica~P'on(s) R-4 Zone 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? No For future parks? Explain 11. What school(s) service the area Meridian , do you propose any agreements for future school sites Phase 5, Explain Dedication of a portion of a school site. 12. Other proposed amenities to the City schooUPark lot (Phase 5) Water Supply Central Water & Well Lot (Phase 1) Fire Department Fire Station Lot (Phase 1), Other ,Explain Bridge over the Ridenbaugh Canal in Phase 5 13. Type of Building (Residential, Commercial, Industrial or combination) Residential 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other Single Family Dwellings 15. Proposed Development features: a. Minimum square footage of lot(s), 8,000 SF b. Minimum square footage of structures 1,400 SF c. Are garages provided for, Yes square footage 400 SF min. d. Are other coverings provided for No e. Landscaping has been provided for Yes ,Describe Common lots will be landscaped f. Trees will be provided for Yes, trees will be maintained by Homeowner's Assoc. g. Sprinkler systems are provided for Yes all landscaped areas 990205\subappl-final-mer (2) h Are there~ltiple units No ,Type Remarks Are there special set back requirements Yes Explain Front yard setback 20 feet from back of sidewalk (22' from R.O.W.) j. Has off street parking been provided for Yes Explain Driveways and Garages k. Value range of property N/A I. Type of financing for development Conventional m. Protective covenants were submitted Yes ,Date 4/16/98 16. Does the proposal land lock other property Stub streets have been provided 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. 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'^ ~ D t g (~ n mm ~ ~ ~ ~;+ Ul o v • ~ I.~I.-yy = y V O i HH N C o I~ z z O CJi N R-4 RT ~~ a7 RI ENBAUGH CANAL '~ -' -%- ~ __---- ---- _ ~ ~ --~ -- ' -- - + ' s ~ ; ~ r r i -i -~ - -----_-__ ~ ' r , , ~ i , , ~ ~ ~ ~ ~ -- -- - ~ ~ ~ eP 'Q9 ~ i , ---- --- ------ BL4 4 , t-- ,i -- -- -- ~--- --r , --- ~ y ~ , i i ; rr r ~, - ; ---- as >' '` -- --~-~0~'O P 1, ,~ , , - 1 ~ ~ , ~ r , t-, 1 ~5 -- -- -- -- -- ---- ----- ,, ~ ~, , ~ , ~ i , ~ ~ ----- _ ~ , .- ' , ~ ~ 1 , ,~ , , i ~ ~ Op v ~ r-~__ ~ __~___~ ~--.___^__^__~_- -"-T-"`---_--- '- ";-'rte ~~ Oil __i a 22 ~`_~ ~ ~ ~ ~ ~ -_ -_-ti-_- ~__~' ~' ' ~ ~ ~ `yam ~ ~ - - , ~~ ~ ~ ~ ' .~ _ _____ ~ ~ '" _____ , .. , c B 10 O _ - __ -- ~ ___ , ~ t O+"~~ ~ ' ~ ~ ~ 1 F---r--=a ~ ~--- 16 17 ~ ~ Y ~ ' ~~, ~ . 62 ' a1 11 1e r5~ >~ y9,S~ ~ ,, , -~---, -~---; --- ---i I ~ -- ---- i ~ ` , -.,, -- ~-- - , 0 .1 ~., -~'~~ .y~ I I i SITE 40 i ~ 1 ~ ~ 194 1 ~~ ~ -J ~`---i--- -- -`--= I'` ---i ~ `i~ 1 4B ('j - -~~---_j --- ~ ~r ~~ a '~' ` ~ `' ~ 17 ,`~ ~ 1 , , r_ , ~ 14 3 , 1a ~ ~' ~ , , , ; as ~ 1 46 G1~ 11 a a 33 19 ~ -_--~ ~. --- '' '"' 10 ~ 34 32 ~ ~ r ~ ~_-- ' `----' ~ J .__.___ ' R-4 a 36 ~ ~ - - - 1 1 . --- ~ ~ ~ ~ ~ ~ ~ i ~ , 43 p 36 3 3 ~ 2 r---~ ~ --- I ~___ 21 ---~ '----~ --- ___` ,___' I~I____~ ~ `--'--'---`--~--'----~ ~ ' ~ 1a -, ~ t---~ ~ r E ~ P~ __---- ~ ~ ~ ' 26 ~ ~ ` ~~-' , $~S1Q ~ ~ ~ ~ ; ~ -'--y-- ~~'~ ~~ . ~' . ~~ '' - ~ - ~ '~ ~ i ' I ` ~ . h--- '~ I `r` c ~. ' ~' i - --r-~ •`~ ' ~ i J .;\ ~ ~ ~ ` t___i ,( ~~__ ___ ____., t ~..... ND D. -~-~-~-~-~-~ '------------~ RT RT 500 0 500 1 1500 Feet BRIGGS ENGINEERING, INC. THOUSAND SPRINGS SUBDIVISION NO. 5 REVts1oN N BRIGGS S I/2 SECTION 20, T3N, R1E, B.M. MERIDIAN, ADA COUNTY, IDAHO sHE~ 1 OF 1 (208) 344-9700 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. 19902p5.APR BOISE, IDAHO 83705 BKB 1"=500' 04!21/99 990205 .~ . f ~, "., THOUSAND SPRINGS SUBDIVISION N0. 5 4~, ~~. I .:. ~ ^ - 300' I ~ N. I °' ag r n ''~ ~• \\ \~, N \`~ tp~ ~` f] ~~ /Y/h~/p ~~` / ' ~~` ~~ ,. ,, ~\ ~r ,o / . • ,~'' a s _ '' . ~ \ ~'~ i ~ ,. ~ /` i .~ N 'y, is s ~ '~ a ~ w ~ H ~ r ~` ~ ~ ;j ~{ s ~ m •\ ~ • ~ (y A ~` n ~~ ~ r ~ \ :` a „ '` tl 1 M v y ~ \ ~~ .~, ~. 4 ~/ .,\ +~~ ~' ••~ / '•. ~~ 4 / B5395 SF RIDENBAUCH CANAL 124560 SF 5] 56 LOT AREAS F THOUSAND 5 SPRINGS SUBDIVISION NO ~ . 83 B j 7723 SF ~ m ~ ss as ~ 9359 SF `0" M 60 ~ ` loal sv a ~/ ~ ~ 9, ~. 19191 g ~ 970D25F 10611 SF 57 ~R1 ~ 10991 Sf x 101>I9 SF 13726 SF ss 12818 SF 19 ~ 10917 Sf 17493 g 19 ~ ~ ~ 9287 g 11352 SF n 5z 10495 SF t2 1 10710 SF 11424 SF 16 ' st 11 9808 g ~ { ~' 11891 SF z '~` 14 F y,- G 107 S ~ ~" 10 12970 $F is ~ ~. 11200 g 10176 g 3 ~, ~' `~' 15706 SF ~ 11553 SF A_ ' g Y ~ ao 10797 SF ~Q 4 J ` 9782 5F 10812 SF aF' is g 1056 6 ~ 5 ~' is 1 7 SF 15604 SF 4e 86 0 15731 SF 10511 SF ~ 10915 SF ~~ d a 8 ~v 14 3 9742 SF ty 10789 SF ~ 17 9274 g ip 9782 g ~ 4 7 q6~ a7 10953 g to le 48 10026 SF 10411 g 9460 SF 11441 SF 1z 5 11607 SF 9821 SF 10702 SF 33 s '~~ 19 s n ~ e 11375 g 11179 SF N .1 98H g ~ 9931 g 3< 10 7 10349 SF ~ 4 a~ O M y 11523 g `~ ~. 11105 g ~ 9600 Sf '{ 38 14275 g 20 10923 Si ~,c 6 ~ 10028 SF ~ 37 9800 ~ (i' ~ 11268 SF s ~ *1 a 9600 g M 31 11802 SF 10975 g g.~ ~ 2t 37 9702 SF 9600 g ~ 13114 5F ~ ~„ 42 ~ 9720 g 9600 Sf z9 39 9426 SF az t3 „ 10931 g 26 ~• 12177 g 13502 SF 9789 SF ~' z3 9872 SF & ~ 27 ~ 24 non sv 14os6 sv ~yt nzle g 6• z5 9249 SF 26 22499 g 26 ~~ 11878 SF ~ ~" zs 15028 g S r 14~ z3 10676 SF ~~~ - '~ • • i ASSOCIA'xRA 8,,4,RTH 5CIFNCF.SL1YC. - . acot,oGY • GeotAG~~~a • ~ sr~[EYfiYII~NES'I~~iAJt~otdsWaYER QuAU'cti - Nl z]d-6661 1694 O•KalN~d d. Soles old poi [duho X1707 - Sentemher lb. 1998 ~~' . i~4arty Goldsmith Qost-it• Fax Note 7671 X66 L '~ ~- F m • p To ~aev~eest Developers eo' ~~~~ 4550 V~ .State St. ' - Boise, YD 83703 ~" r P''°"° ~ 8 ~ ~ ~ Fax t _ ~ Fax ~ pear Marty: .`;` - ~ ~pJ aofi ~rzal98 Test hole monitorictg has been con tnued oR tflzrizo"8~~~~ f this monitoring and summarize it with the l ts o to 4115!98, This report will record the resu her than normal precipitation last spring With the hi 198 g ). previous monitoring (3l16/9S - 5/18 this monitoring should r until the gt~esent tune h , e summe followed by normal ic7d~ation through t give a true indication of potential high groundwater on the property. t sent a report to you on May 19, 1998 for the earlier monitoring. l will enclose a copy of that report for your reference. - • The readings for the later monitoring (5!28!98 - 9!15!98} are shown is the following table: 'l'est Uz8/98 6/1019& 612,4/95 ?/8198 7!22198 816198 8!20/98 913198 9/15198 ~ Hole # ~ - r p' \ ~ TF121e dry w dry" to dry to dry co dry to drY ~ 3S"CO 35"~ " 35" 35" " 3 " to `'~ 5 35 35" 35 TH22 dry to dry to dry to ~ry~to " d~to 104" 104" 104 _ ' - T1123 dry to dry to dry to ~Y ~ " 109" 109" " ~` ti° 1Q9" l09 l09 ' ' TH24 dry t4 dry to dry to dty to dry to dry to dry to dry to " lit" 112" t12" !l2" 112" 112" " dry to I12" 112 112 ry to ~y ZH2 S d to to dry to ~ " to ~y 103' :~ k 1 .r ., 'l'lf26 dry to dryto dry to dry to dry iv " 110" 110" 110" 110" 110 -1~1-I2~ d=,r w d~,• to any to " ~r ~ " a~' ~ 110" 110" l10" 110 1t0 Tli2$ dry to dry to dry to dry ~ dt3' m " Ii0" 110" it0" l10" Ii0 S i ;~ -s • TH29 water water water water water water water water water table at table at table at table at ethic at table at table at table at table at 60" 50" 52" 50" 3G° 33" 33" ~~ ~ 31" - 42" TH30 dry to dry to dry to dry to dry to l09" 109" l09" 109" IU9" TEI3l dry :o dry to dry to dry to dry to 107" 1U7" I07" i07" 107" TH32 dry to dry to - dry to dry to dry• tc 111" lIl" ill" 111" 111" '` This low <rrea appears to have good drainage now as a result of the large drain pipes into the retention pond and the discoatinue<i irrigation on this field. The ronitoring pipe onlj• measures to a depth of 35" below ground level due ro some sediunent build-up in the bottom of the pipe. • >;rrl~ation water was turned into the Ridenbaugh Canal (bordering the proposed subdivision) ou March 3U, !998. None of the fields wire irrigated until the weetc of April 27'~ because of the frequent rains up until that time. Atl of the monitoring wells remaic-ed dry until April 27°i which indicates no teeepage laterally from the 1Zidenbaugh Canal itrto the subdivision area. Any movement of the water from the canal appears to be vertical (downward) through the underlyit~ course sands and gravels. Two pos:able exceptions arc Tf124 and TH29 that both have water ill them after April 27~. •fH24 had water at depths of 105", 95", and 98" when measured on 4!27!98, 517!98 and 5118!98 respectively. Prior to 4127/98, and a$er 5/18!98, TH24 was dry to 112" depth. The water in TH24 came from irrigation only, not from the Ridenbaugh Canal. T1;129 had a water table in it from 4/27/98 to 9/15198 at depths rangtng from 87" (on 4!27!98) to a high of 31" (ozt 913198). When TH29 was monitored on 9/15/98, the water table had dropped to 42" below ground level. believe the water table in the TH29 arcs was created primarily from irrigation waste water because it did not appear until April 27's, just slier imgation started, but it may also have some water seeping from the Ridenbaugh Canal (about 25' away front the test hole). As a result of the test hole vF~r~ table monitoring, I would mal.-,c the following recommendations: 1) No basanents in the sautltvvtst~art of Salmon Rapids Subdrvisiog where test hole twenty one ('~i21) is located. It appears thst since irrigation has ceased in that area, and drainage provided, that footings could be placed 18' below the natural ground level and slt~l maintain the xegnired 12" separation above the seasonal ~ groundwater level The retention pond, located in the southwest ~ of that art=s, is about 60" deep (blow natural ground Icven and did not have groundwater seeping into it during tltc 1998 irrigation season. If foofu~s arc placed tto deeper than 18" below the natural ground level of this area, E am of the opinion that crawl spaces of ci-~ags would remain dry, but I do rat think basements wou3d'se advisable_ 2}Basements (b' below ground level and 2' above Bound level), should have no ground water seepage problems on the 120 acre proposed subdivision (I~ousand Spriggs) virrth the possible exception of the lots ty'utg next to the Ridenbaugh Canal on the north sde of the property (200' west of TH26 through TH29 to Eagle Rand). 1 would recommend not buildine dwelllnns with basements on lots that are within about 200' of the Ridenbaugh Canal between about 200' west of Tl-i?6 and Eagle Road. Also, I would not cecotumerid buildine dweiliclgs with basements wii rtr 100' o` t~ ?tide~baugh b~w~; ~~ and 2pp' west of 7'H26. I believe non-baserr~- jweIii~s could be~afply built along the Ridenbaugh Ca:.a: i-_ f • • INSTRU~II:NT No. ~ f ~`.~(}t f f~J .--.-------... _.-.__•- . 1~ ur Vuluc Iteccived ' L•'VA t'lIY.0l1, Grantor I i du hrrcby cnnve}•, rclenxe, renlix/,: and forever Iluil claim ! unto DALI: A. PJ1.:!U::, Gris,ItuC~, 2555 S _I:d:JIC Ruu'1__ -_ ' i t•1t:ridian, Jclallo ii344~ 1 ~ Uie fulMwili>( dc:/i:rlLc<I prenli~rs, to-\vil: ~ I 'I'h~: lJl: I/4 of tlsc 51: L/-0 of 5crti.un 'l.0, '1'. 3N., It. lh., ls.Dt. _ • I•:`:i:.a''1' Uu: 1.1'.tt•t daat:ci!- lu IX:c:cl Itx7•:1'cla•t: ilt Ltu,k 1.1.1 t.l -~//5/ I .. .•1, CCCaJI'•': ••.1 i:cl.l (aJlltlly, It1.tL,t, ,I, •:: r:t'LLt•tl .1>. l ls.ll Ila rt • ..hc~ 1: ! .:1: 1 /d tJl :;t:.a inn .: Il l y i n•1 1:'•1 t.ll ; all 1. ]. CItJIIt ,•. +:J% t,l !iltJl_IIIJ.IUaI!1 C•t:l•tl. 'i'-1t :::'i'::i.l! ..:!.II I1 K:,l••Y .:n.i `dalr:l' fl :!If.::, ,111 •^1•-.. -t)1.1 ell l.,al ' !'i •':1 •.::, ..::C<I t7.': !l•r)(1 (~: .1!.i,t:f l.. •ILtlll Lcr.: Y,.1 r,, 1:1•'111'1111 :, Lot fill:. .11:11 t1.•aI t•., ::.1 tti l' alN1 t!1 t.aal 1'Ia111 t.:. IJllalt.•t t.llt- :•l.Jllti,•t-.-.'.'1'1 t:l .tll • •i :.'1....1. .1'11: !... :. i, 1. :1,11:. 1:11! 1• .. 1'..11 . ... .... ~... 1'. .1. ;11 • :1,1 ... . ..11.1 , I.11• I1.. .111•. .. 'I .J1 t 1....... 1:...1 .. .1. ..1 ,, 11, 111:. •'1... 1.. 1 .. •I1. 1.71•- 1 . . .1 .. : 1 Ir• 1. 11•: .1:..: .....:ill 1 il.• 1:•. ... ..11'i• .. 1,•: t:. ... .1-.. 71.u: ~rl•!.1t.1•.11 Ill ::t 1 t.•, . 1 11,l:rthcr :eitll lht•~~ ,~1~Inu•1~ n:olri• i° / I fl \ :1 .: i :•:, 111 -- '1'.111 .1 ..•\11• .. .11 ..I\' •r •' .r - 1 ~: 1•.\'(P. elf 111.111. .~1'.:'I~l .1~ . 1 1.. •1.. .. .. . _.. 1. ~. .. 1 ..1 .. 1 . ..C. .. ~ / .. ~' 1.1 . ~ j, -~~ i. f `~Y ~• ~"~ ~..~ ~ `, WARRANTY DEED FOR VAL~JE RECEIVED, KENAI PART^~ERS: !_.' •' :•: ~,n Idaho limited !iah'slity company, Grantor, does hereby BARGAIN, SELL and CONVEY unto MARTY GOLDSMITH, an unmarried person] GRANTEE, whose current address is 4550 W. State Street, Boise, Idaho 83703, the following described premises in Ada County, State of Idaho, more particularly described as follows, to wit: See Exhibit "A" attached hereto. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his successors and assigns rorever. Ar:G the said Gr..ntor does hereby covenant to and with the said Grantee that it is the owner in fee simple of said premises; that they are free from all encumbrances except current property taxes and assessments, and exceptions as set forth on attached Exhibit "B"; and that Grantor will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, the Grantor has caused its name to be hereunto subscribed to this Warranty Deed the '~~ day of February, 1998. KENAI PARTNERS, L.L.C. By ~ r~ R. CR G GROVES By ~ ROB BA WARRANTY OEEO - t '1 / G O SO ,,8010`f01 .. - ..- ,.... .. ~.L~.;•..~~~ ..i ... IJ j. !~.. 1~..`I .. f~~~V r`;..- '98 FEB 6 P('I 2 53 F C z ~~~ ' _ i, ~ r ~ ~ STATE OF IDAHO, ) _ _) ss. Cuui~+ty of Ada. ) iyt~i On this !~' day of February,1998, before me, the undersigned, a ivotary Public in and for said State, personally appeared R. CRAIG GROVES, GREGORY B. JOHNSON and ROBERT R. BASS, known or identified to me to be the Members in the limited liability company of KENAI PARTNERS, L.L.C., and the Members who subscribed said company name to the foregoing instrument, and acknowledged to me that they executed the same in said company name. uv vvr i ivtaa~wrrtrccvr, I nave hereunio sei my i~a~~d d~iu d(fixeci i~iy uifii:i8i ~' "" "' seal the day and year in this certificate first above written. ,..., ~~ Ir' / ,,,~ V `.~~'~~_~;~R1.`'~~. 'i; Notary Publj for,ldaho ~~ '~ {~" ,~~I VyJJ v ~ ~ ~ Residing at ~i1t% ~J, , I aho ~' i Commission expires: '~ ~~~ t ~ ~' c ti ~` - WARRANTY DEED - 2 ~x-Ilul•r n 1%ARCLL IA C7 'l'iiE tJOii'I'IiWEST QUARTER OF Ti1E SOU'1'IiEAS'C QUARTE:t AND THE SOUTHWEST QUARTER OF 'TFIE SOU7'IiEAST QUAIYI'ER OF SECTI0t7 20; 1'OWNSIiIP 3 NOR'TII, RANGE 1 EAST, BOISE MERTi)IAN, ADA COUNTY. IDAltO. EXCL•'I'T '1'I!A?' POR?'IUN OF 'l'l1E SOU'l'fitJES?' QUARTER OF 'TIiE SUU'1'i{EAST QUARTER LYING 30U'CI{ FWI? tr'F.S'" OF 'Tliis i2i:ut;NEiAUGII CANAL, MORE PAR'CICULARLY DESCRIBED AS FOLLOWS: COMt4ENCING A'T T(iE QUARTER CURNER COMMON TO SECTIONS 20 AND 29, TOWNSHIP 3 NORTIi, RANGL•' 1 EAST, BOISE MERIDIAN; 'THENCE SOU1'fi 89°36'28" EAST ALONG 'i'itE SECTION LINE 1341.4G FEET 'PO A 5/e" IRON PIN MARKING '1'llE EAST 1/16 CORNER AND 'CIiE REAL POINT OF BEGINNING; TIIENCE NO(t1'ii 89°36' 28" WEST 476.36 FEET TO A POINT IN TEIE CENTER OF TIIE RIDENBAUGii CANAL, FROM 411iIC1i A 5/8" IRON PItJ IIEARS SOU'CIi 89°36' 28" EAST 90.33 FEET; .TIIENCE i~wivii iiiL i:N:N'1'ER OF TIIE RIDENIIAUGII CANAL TIIE FOLLOWING COURSES AND DISTANCES: tJORTH 56°00'00" WEST 290.36 FEET tJOlt'CII 53°20' 36" WEST 340.70 FEET; TiiENCE 175.70 FL•'E'1' ALONG A CURVE TO TIlE RIG[IT IU~VING A CENTRAL ANGLE OF 13°25'21", A RADIUS OF 750.00 FEET, AND A LONG CIiORD Wi[ICH BEARS NOR'fli 46°38' 06" WEST 175.30 FEET; 'I'fIENCE tJORTI! 39°SS' 30" WEST 340.41 FEET 'TO A POINT ON 'TIIE NORTH-SOUTIi CEtJTER OF SECTION LINE FROt1 1JItICIt A 1/2" >:120N PIN BEARS NUR1'iI OU°23' 48" EAST 63.61 FEET; THENCE DEi'AR'CING TItE CEN'CER OF TIiE RIUENBAUGIi CANAL pIORTIi 00°23' 48" EAST ALONG ?'l1E CENTER OF SECTION LINE 597.65 FEE'C TO C-S 1/16 CORNER; 'THENCE CONTTINUING NOR7'F[ 00°23' 48" EAST 1338.95 FEET 'I'O TiIE CENTER OF SECTION 20; TIIENCE NORTIi 89°54'48" EAST 1331.73 FEET TO 'TIiE C-E 1/16 CURNER; ?'F{ENCE SOU'I'li 00°11' 18" P7ES'f 2689.04 FL•'E'T 'f0 Ti1E POINT OF BEGINNING. EXCEPTING 'i~:~.L'REFI20M: A PARCEL U[' LAND BEING A POR'1'i~JN OF 'CIiE SOUTHWEST QUARTER SOU1'1lEAST QUARTER OF SECTION 20, 1'OWNSIiIP 3 NORTIi, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLI,0IJS COhIMENCING A'T TIiE IRON PIN MARKING THE QUARTER CORNER COMMON TO SECTIONS 20 AND 'L9, TOWNS![1P 3 NORTIi, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAItO; TIIENCE SOUTH 89°36' 17" EAST 866.20 FEET ALONG TIiE LINE COMMON 'TO SAID SECTIONS AND THE CENTERLINE OF EAST VICTORY ROAD; TIIENCE NORTtI 1°SO' 03" EAST 25.01 FEG:'1' 'I'U AN IRON PIN ON TIIE IJOR'1'I[ RIGIiT OF WAY OF SAID EAST VIC'i'OItY ItUAD, SAID YOIN'T DEING 'C1tE kEAL POINT' OF BEGINNING; 'I'(iENCE CONTINUING NOR'TI{ 1°50'03" EAST 350.00 FEET TO AN IRON PIN; THENCE SOU'CIi 75°29' 15" EAST 143.45 F~=: TO AN RON PIN; THENCE " SOUTIi 1°50'03" WEST 315.00 FEET TO AN IRON PIN ON SAID NORTH RIGHT OF WAY OF EAST VICTORY ROAD; TIIENCE NOR'Tli D9°3G' 1"/" WEST 14U.OU FEI:'1' 'CO TIiE REAL PUIN'T OF BEGINNING. (CON'C I NUED ) '. ~ • ~~~•1'AItCI•:l. UE' I..AIJU I,UCn'1'I:U i•!OR'i'll AIJU EAS'E' U[' 'l'ilE RIUEtJUAUGiI CnNAI. IN 'l'IIL: SUU'I'lIL•'nS'L' QUnlt'l'IiR O[° 'l'lI1: :;UU'1'IIWES't' QUn12'l'ER OF SEC'1'LON 2U, 'I'Ul~l•1SHIF 3 NOR'l'll, RJIIJG[s 1 EAST', BUISL•' I4ERID]AN, nUn CUl1N'1'Y, lUAllO, t4ORE l'nR'I'ICUf,AR1;Y UESCR'[3[SU n5 FOL.LOWS: C'Ut•1h1EtdC;11JG A'1' 'L'1[E QUnit'1'Elt CUI(NEf( COMt4UtJ 1'U SECTIONS 2U nNU 29, 1'UWNSIIlI' 3 NOR'Cii, RANGt; 1 l•:nS'(', L1U1SE Mi:R1UTAN FRUI4 WIILCI[ 'l'ilE L•'1/1G I:URNL'it BEnRS SOU'1'll 09°36'20" L•'AS'(' 13.11 .4G F'tiE'I'; '1'HL•'1lCE fdCtlt'CII UU°23' 4E3" EAST 111(1.94 FIiL•''1' '1'U 'l'lIL•' C-S1/1G CURN[ili ANU 'CITE R[sAi, l`O11J'1' OF l1EGINNIIJC:; '1'111:tICL' 5011'1'11 UU°23' 40" WES'C 597.65 Flail' 'I'O n POIN'L' IN '1'i1L' C[:N'CER OF THE RIUENC1AUGt1 CnNAL, FROM WUIC:11 A 1/2" 1ROIJ ItJ I3EARS NOIt'l'11 00°23'40" EAS'C 63.61 FEET; THENCE nLONG 1'ItE CEN'CER OF 'I'ilE Ri[)L•'NBAUGit CnNAL '1'llE FOLLAWING COURSE'S nNU UISTnNCES: NUR'1'll 39°55' 30" WE::'f ~2.~~5-F'EI:'1'; - IJOR1'il '.i2°22'24" Wf:f;'1' 2.1:?.5U l•'lil:l'; tlUit'l'il 3 3° 3S' 24" ldE:;'1' 213 . GO FE(:'1'; 'I'f1ENCE 160 .9S l'EL''i' nLONG n CURVE TO TItE RIGiI'1', llnVlNG A CEIJ1'RAI, n11GLE OF t2°52' UO", A RADICIS OF '/50.00 FEE'T', ANU n LUNG CllO[IU WIIICII UEIUt:; NUIt'1'il 2'1°09' 2.1" WE~C 1Gf1.10 Fl:E1'; 'I'l1ENCE tIC)R'l'11 'lU°43' 10" 1.11;ST 111.'15 FL'E'1' 'CO n I'O1tJ'C OtJ 1'l1E N0121'ii lIOUtJDARY OF 'Cf1E SOU'i'111:nS'f QUn1Yl'IiR UI' 'CItE SOU'1'tt1J:'::'1' QIJnR'CER OF SAID SECTION 20; 'I'fIEtJCE UEL'nR'1' ~.tJG 'l'HE CEPI'1'L•'R UI•' 'l'1lE RIUENBAUGH CANnL SOU'1'It 0'J ° 4 °)' ].' " EnS'1' 4 4 3 . G 2 [•'EIs'i' 'L'O 'L'([L•' FOIN'1' OF BEGINNING . E'nRCE1. IC A CARCGL. Ul' 1~ANU LUCA'l'IiU SOCI'1'll ANU L:AS'1' OF THE RIUENl3AlJc;11 CANAL LIJ '1'116 ~UU'l'H HALF OF '1'111; tJUR'L'IIGA:;'1' (?l1AR'1'(:R OF 'l'lil: ;;Ull'1'Il1Jl•",;;'l' QCIAR'1'Elt OF :;IC'1'lUN 7.U, 'L'UWN;;IIII' 3 NUR'('ll, RANGE 1 1iAS'I', IlU1Sii I4L'I(lUihN, AUA CUUIJI'Y, 101010, MORE L'All'l'TCULARLY DE~CRIBEU nS PULIAWS: CUhihIEIJCItJG lil' 'l'1lE QUnlt.1'ER COItIJER CUti!•lON 1'O 5EC'CIUNS 20 ANU 29 '1'OWNS1111' 3 NUR'1'It, RnIJGG 1 l;A;;'l', 1'I2Ut4 l•11(ICit '1'111; E1/ 1 ~ CURNI:it L11:AR5 :;00'1'11 09° 3G' 20" F•,nS'1' 1341 .9G FEET'; 'l'1lI:NC1; tlUli'I'li 0(1°:? S' 90" 1:A5'1' 1..3'tf• .94 Fta."t' '1'U THE C-S 1/1G CUItIJER ANU '!'IlE REAL. t`UIN'l' OF 111:c;1WlIlH~;; 't'ill{t•H'1~, nl.c)tl<; 't'ilE 5011'1'11 llc~llNUA1tY OF 'Cili'a NUR'l'l1EA.~1' QUAR'PER OF THE SUU'1'iIWES'C QUAR'itiR P1Ufi'l'li U9°•t'J' 1G" lJL•'S'1' 4"l3. 10 1°EI:C 'Lb n FOUNU 1/2" I1tON 1'IN AS SItOWN ON RL'CORU. 0[' SURV[:Y tJO. 1361; INS'1'i2UI4liN'C NO. 924393 i, (RECOI2U NORTH 89°99' 39" WES'C 922.40 FEET) ; 'i'fIENCL' GEtJERALLY n[AtJt; '('l1E L'AS'C BnIJK OF 'CIIL•' lt1ULsNBAUGl1 CnIJnL '1'l1E FOLLOWING COURSES nNU DISTMICES: lJOii'1'il 12°OG' 03' WEST 117.03 FELT; NUR'l'LI 111°02'03" EnS'1' lUS.Uti Flail'; tJUlt1'il 3'I°U2' U3" L•'AS'C 3'22.96 I''L1•"l'; tJUit'l'It J9°•13'03" EnS'C UG.'l:' F!-:E''.'; 1101('1'11 4U°22' 33" EAS'C 1'19.04 FL•:L•"t' 'i'U A POIN'C OtJ '1'ltE NUR'1'i[ BOUtillnl2Y OF 1'itE SOII'1'i! ItAL[' UI' 'L'flE NUIi'l'IIEAS'l' QU~.It'TER OF '1'116 '~OU'1'IIWES'1' QUnR1'CR OF SAIU SEC'C1ON 2U; THENCE 500'1'11 D9°SG''L'!" EAS'E' 54.9= FEII' '1'U '1'llE C-hI-SL/Ei4 CORNER; '1'l1ENCE 500'1'11 UU°L3'•10" WEST' 667.•1"/ Fia~:l' '1'U THE PUIN'1' OF BL•'GINNING. . ~., .1 Y !. GENERAL TAXt:S c.7R THE YEAR 1996 AND SUBSEQUENT YEARS, WHICH ARE AN ACCRUING LIEN, NOT YET DUE AND PAYABLE. GEPIERAL TAXES WHICH MAY BE ASSESSED AND EXTENDED ON ANY SUBSEQUENT ROLL FOR THE TAX YEAR 1997 WITi{ RESPECT TO NEW IMPROVEMENTS AND TiiE FIRST OCCUPANCY THEREOF DURING _ 1997 WHICH MAY NOT, BF. 7NCJ:UnRn r~Pi. TuE .°,£~aL**;, ;R nJJLSJJ/'IGIV L RvLL FtivT~ w[il(:H' ARE AN~ ACCRUING LIEN. 2. LIENS, LEVIES, AND ASSESStdENTS OF THE NAMPA MERIDIAN IRRIGATION DISTRICT, AND THE RIGHTS, POWERS, AND EASEMENTS OF SAID DISTRICT AS BY LAW PROVIDED. NO DELINQUENCIES APPEAR OF RECORD IN THE' ADA COUNTY RECORDER'S OFFICE. 3. EASEMENT TO IDAHO POWER COMPANY, A CORPORATION, AS SET FORTH IN API INSTRUMENT RECORDED MARCH 9, 1962, AS INSTRUMENT NO. 523172, RECORDS OF ADA COUNTY, IDAHO. 4. TERhIS AND PROVISIONS CONTAINED IN THAT CERTAIN EASEMENT AND AGREEMENT BY AND BETWEEN KENAI PARTNERS, LLC, AND SALL'f D. MARTIN, A WIDOW, RECORDED JULY 3, 1997, AS INSTRUMENT NO. 9705329; RE-RECORDED JULY 23, 1997, AS INSTRUMENT NO. 97058315, RECORDS OF ADA COUNTY, IDA}i0. 5. RIGHT-OF-WAY FOR RIDEPIBAUGH CANAL AND THE RIGHTS OF ACCESS THERETO FOR MAINTENANCE. 6. RIGHTS-OF-WAY FOR EAGLE AND VICTORY ROADS. • ?, SUBJECT TO F A MORTGAGE TO SECURE AN ORIGLNAL INDEBTEDNESS OF $636 072.00 „AND ANY OTHER AMOUNTS .AND/OR OBLIGATIONS SECURED THEREBY, RECORDED JULY 3 1997, AS INSTRUMENT N0. 97053228; RE-RECORDED JULY 23, 1997, AS INSTRUMENT NO'. 97058314 RECORDS OF AD.A COUNTY, IDAHO. DATED JUNE 26, 1997. MORTGAGOR: KENAI PARTNERS, LLC, AN IDHAO LIMITED LIABILITY COMPANY MORTGAGEE: SALLY D. MARTIN,A WIDOW WHICH GRANTEE AGREES TO ASSUME AND PAY ~~ ~ 0837.01 N, hl/i!F ' ' vEC-] ]-98 FR] ]2; l2 BTE POTOi1AC FA~~ ~~ 2 ' . r.,. ~is?h~~~ '~n~,~, ~o~~n~ck ol= aat, cauhrr tl21 tvtict State 5t:eet ~ poise, tdaLo Fc37p2 (ZOSI 336-tf'(t0 Flip SY, liifktttaa Sueec / Boise, Idahp ~31U4 (208) 377.x7Q0 P-1724?S _Ts~HSti c: ACEA9ot~/+(~ItPDLe~it011'~CtT4Tt I M -••~•••••.rn~nwnvtarweti~::CAittkA~Ju~,i-ZbStTui.>~JGS}lk'j1J(~jaS10E3 "tJJE7fl OF7CE7CFlft iG; ~~ '1'VA~ItANTY D~PU ~~ arrocvicuau ;': t,~~' ~JRVwU1E RFC[:I1:ED t4tRlY CO1+DrN1itl, ab hi: sepazate satace c ,_ ~ CRa,N'tUR(~) tats {do) hesc'~~• S+1UM. B~IRGAIN, SE1.1. aad COkYFY a.,ca c= 1;i1RSiESi L.L.C., ttn Idat;n lite~ted liablli ca. f-I ;i q' -~vaay ~-6 :.~ G4P.t~7FE{$!, µb)k tutr~rc aZdress iF: 4SS0 Sf. $tite utrf!st, Soi, , ~Y iee l:''owinE dberibed rear?'JOCityfa S6, Iddho E. .03 f'~. { n:c~ pirtie.duly deiull4d as ioUoe~, to wit: Ada CoanO', 9ukatldtho, s I~ Sea Cht• ittacned IXhir;,t 'd" fer legs} ci4SCcip[iaG, scltlCh b. c rbzs refttence is ARCaXporatnd tecej,o, ~y i' 1 • ,~`,?I c ~• A%A cp' TY RFCpp,~,s. ' R£CORDED-F!'pQEST (F 3`=i .J, cA'IO S~~AR?p ~ ~I ,~ a4tSE.lD~.SO FEE ,DEfi liY_- " •~ 19980023 ~~ ~t .;~ fN a: 42 9$ t El l b 4 2 ~I ~'i P~oN~~ ~nn~ ~~ ~~ IO kA\'F ADD TO Hdt.O she s~;~ Ds'eatiat, gitb IAat c;.Parteoaraes u1t0 Oie Rtd t7~A:Hee(Q, sea •Scnt:cgjs! lccha ud spigot ~t [ova. a:.a the ssYl CKUderCa] dcm (dE} hMCby w~tinant to cad will tl:.:.id Cvkrox¢}. ih. (3taWre q (,:at<the owra(r1 to fee ~u tnt~,k o f acid peerLSesc trot teiC Ida =e fret fmsn all e~bteau ~ EXCEPT tiwse to:Adcb this ~ oa.eYeue !t ta~~y aa6e rim aM tl<at: at4e. mflCtd or dace b1 the Gr.rlats): and iC~jf j to ta~sliow, nxAetxa, ax i atkns, ea.'cmwls, >!<i+s ar ~ -+r axt at+a•~cals, {r av~ of recat4, ~.,d trrref aces coo :s:rttknts. latvda kstZadeo Md uih . aauasrsvs, pt `~ to ec CK~( c,.neet )e-r., xfiidt are aac 7ct can and papb:0. tnd that OnotaKcl s,;>< ~Ymt and defME Be .ore :sarn a• Itw{~ ciairas ~1 •L4gecc. ` Woad: ~ctoheT 22. 1498 I' ~~ STATE OP _T,~3h2-~...-,_., GousUr of _-^`-.--J~d a .~, w. ~j Qn dlk ti• S dar of _^ Oc tc Y ,,._., in Hx ycar oF„-... 1998 , yet r O acC6 ~. •?7tlarPPoblic.7vaona~haPres~ed .._.--,. wane rl __ _ )~' kr oc sfa @e Dereon(eSw+lOCrwameW , is -- _ wbt.""!`c_IJ1ke...{etr,,, F'~ ' ~ iM9 t sad.~/R+~1o1 t~ t 117K _ tae _ eFC~'lAtd We taOC~, __ ~ 1 -s ~va~~ ~ D ~1 :~ 3~r a N«~rr~~u~ ~~~~. t ~'~?~Fpg1p~`~ Roaidi:ttu: 1ae~~~l.f-_ I I~ a..a.t+wR Lfrca.narkd 'aat:__..._._~}•~h 17. 19Sy _- >:: - ~~ ~si~.'iY;fit~f~K76'~dl1CT1{,Yl~ti'Ftic'f]4Xd?li~ltl^.19~r)fYh'4liisf~4'3G~3'Y(~£'ti9f)~f1C"'~'i'17:tL7CtfVf"t~Jii~ii~ ~• ,• ~I _ ~ sxl~'~. i~~ _ • .. wb ~ _. ': • , ~. ~,,~ ;+OTOMAC Fax xo. ~oa~~~as~ 'ur.C-ll-58 rkI [~~12 EXkioit A A PARCEL OF (,AND PrINi ALI QF THAT POR1i0q OF THE 1i0RTfiEA$T~C!-ARTER SGUTHEA:tT OL'ARTER OF SECTION 2G, tQWN91SIp 3 kOflTH, RANGE 1 EF;T, BOISE Il1ERID?;AH, AO4 COUNTY, mAKO• LYING SOUTHERLY OF AHO ADJACENT t0 THE CEMTCRI.tHt: OF THE. RICENCAIfGFI.C.:t.VAL, SAID PARCCL BEING A::ikE PA%iiI%i~1,ARi-'r p>;$CpXBEb AS f0[.ION;S: t~Oti~ENCING AT Te1E 8RA$y CAS MAkKIHG THE CJ!IktR GOL:RION TD BEGTIO~I'S 20, 21, 28 AND 26, TOWNSHJP 9 kGarH, wW„£ 1 EAST, BOrsE lAE1ti0IAN, Aoa cCt~TY, IDAHO; THEA'CE NDgili O DEGREES 00'04' x'EST 1353.08 FEET t0 AN AXLE 1UCICINg THE SOUTNCA$T CORNER OF SAID N04THEA3f QUA.gTc'i1 5t1lJT}'.EAST Q;JARTER ti= SECTION 20, S11XU POINT BEING THR' REAL pgtZNT Of BEQZ:DlYttuj• lt[°:1:E HCRTH 89 OEGRSES 60'39' WEST 1385.50 FEET; TNEIIGE NORT6 0 DEGREES 71'56• EA$F 4226.56 FEET TO THE %ENYfR:,[NE OF THE RrnENBAUG:[ CANAL; THENCE ALONG S1t10 CEHTEFiL[kE THE FO-LCx'[NO COURSES NND OIST~t11[ :S: 50UTN e5 DEGREES 58'08• EAST 50'0.84 FEET TO A FOINT OF CUgVE; THENCE ALONG A CLPVE t0 THE LEFT 118.45 fEET, SAID CU0.YE 11AYIA:i A DELTA OF 33 DEGREES 21.36•, A RAOIt13 Of 200.00 FEET, TANGETIT$ CF Sg.i~ FEEL A,~H1 A 10iu3 C1i0RO OF It4.81 FEE'C iYNTCM eEAas NORT11 77 OEl3REE3 23'13 EAST t0 A POI1lr of TAkG-EN•r; • TMENC£ liOtiTH 60 GEGTiEES 42'2e` EAST 121.60 FEET TQ A POINT OF : UttYE; THENCE ALONG A CURVE TO THE RIGHT 222,31 FEETi SAID cl,"dYE HAYI'G A DELTA OF 50 bE[1REES 5T'00~, A RADIUS OF 2s0.Q0 ffiET~ TArV(iENTS Of 11p,11 fEer ANO A LONQ CHOgO OF 215.06 FEET idHICH BEARS NORTH 88 DECREES ~;•S$• eAST TO A POINT OF TANGEk'T; TMf?NrE SOUTH 6fl OEOREE5 20'35" EAST 388.2D FEET TO 7NE LIHE CO•:t[ON TO S4ID SECTIONS 20 AkQ 21~ TH>;1tCE SOUTH 0 DEGREES 00'42' WEST 11C4,o0 FEET TQ THE pE1ll POINT OF BEGIHNI1iG, ENn OF' tZEGAI 01:scpIPT[4N N. ~2i-~h •~ uGC-it-9fs FRi i2:Is i~OTOMAC FAK N0. 2fit33•61 P. )~!~!~ d~,C C;~UFi i Y E:CC3F.~rit ' . REC4fif: '0 • REp~ ST QF' - . .1.OAYiO NaYARi' ~ /4~ 60iS~~ lrANQ ~ f e~ s+a . 148 ur, --7 PH G= S3 ~`;0~~6jd FOR VALUE Fi~CEfVED, MgRTY GOLDSMITF~, an unmarried person, GRAtvTOR, - does hereby f3ARGAfN, Slli.L and COt~IVfY unto f~ARWEST L.(,.C,. an Idaho limited lt$bility company, GR~1t<fTEE, whose current addre!s is 4560 W, Stat6~ Street, 84ise, fdaha X3703, the follaVving described prerr+tses In ,1da CQUnty, 8tatc of tdaho, n'+orQ partigutarly described as follows, to wit- See IcxhEkl(t "A' attached hereto. TO HAVtw AND Y4 HOLU the said promise, vrith their appurtenances unto the said Grantee, its heirs and assigns forevgr, Anrl tt~e said Grantor does hereby covt~nant to and wiih the said Grantee that it is she owner in fee simple of said pren~iSes; that they are free from all encumbrances +! xcept current property t2kes and aSsesSmentS, liens, easements and re8trictlons of rt;cord, or That are visiNle upon the premises; and that Grantor will warrant and defend the sarr~g fro+n all (awful claims whatsoever. iN w1TNESS IMiiEREOt/, the Grant~or~h~s ca used his name to be hereunto subscrliaed tQ this Warranty Deed the ~~ ay of ~:eptern6ar, 19$g, .~; MAR TGOI.USM!'t~-! ~.- -_ _. -- ~-- ~YARRANIY OEE:D - t ' ~ DEG-ti-S$ FR[ 12:13 i_~POTOfiAC FAX N0. 208•,;861 ?; •1Q/G6 uTATE O.i~ lDAHC1 f - ? Ss. ' County of Ada } pn thi$ !_~ day of September, 199#3, befG•e me, the undersigned, a hlatarY • . Pubiic in and for said State, perSanaity appearod f ~ARi"1f GOLi3SMi1'H. known and . Identified to m9 to be tha persgr~ who&e name is su ~sGribed to the within instruntient. and acknowledged to me that he executed the sa=~, ltv W[TNES$ yVHERl:OF, t nave h4~eunto sei my hand anc~ affixed -riy afttcial seal the day ar,d year in this Certificate first Ai~ove~ written, Notary Publ: ~ r da o ~"-~ ~' t~~Al'} ..~• Residing et , Idaho a.V.~S ' . ,.~y••.~ ~~'•. Comm~ssian aXpire$: ?~~^) h rj '~'r •2' 7Q wap~wrY bEED • 2 y S ~. .DEC-ii-88 FRI 12. i4 E~TOMRC J~~ ='~^1~B 1~:JA ~F~~ .'r .. _.. .. .. FRX FtO, 2083~~~61 T;~ . _.._ . _ [iEfiG'Rff}7'tON Ft?R Hr'rASE PrtbX~b$t:U Tt{~SAffO gAairyq$ 5i: 3DiV15forr Jury :cU. 1 aFQ k tsac~t +N (aid rY~.4 in flip du y of $~,~ Zfl, row: atrr ;, Boise McETid:an~ ada ~~~ l~atro, more Rartic~datly descrk~ed ~s f!1lnws; Rare i ~aat, Gom~anc~ny at tits an4ffl6a$t uorfl@r o!6e N ~s~s'aa~ w 4 ctkrn 20, r,3N., a tc,. ~.~., therlca • ~'t t'31" ~ 1~4~ ee! b= e~'e ~°uth~ast car a[ ~e S~1 r Ys of fh~ S~ Y.: thent:o ht , 6S•.ti0'gB" E38u 6q ~ ~afu`'IOo F ~~p NE'/ of ll~a SE S4 ~ thrtttsnte 1V • or= B~GtHwttvd or ~ ~~~; gal. aocHr Thence N a4 °24'08' w 1 TB.49 f~ tU a posit; 'ftrence N ~cpp~, ~ 27,27 teat tti a (wln~ 111anc~e N 04'00'40" E 5().pp feet to 8 Wlnt~ ThenCg H ~'QO'QO" ~V 7.~ 1@81 to a point; Ttcan~,e t1 U4''t)U'ga' ~ 1 tZ.00 feet to a parr, rft~nGry $ 8G°(}p'p0` F t6.28 feel (0 a paint 7hYtrcc t~i 44Q00'ty(p E i t2.00 feet tv a point: 1't12r2t~ h 6G•OQ`4b• }N 37 Q9 feet to a poirr#; . Q5i G5 P.Ot aqt. Tt>~cp 14 04'C~'p0" E 47'4.27 feet to apotrtt atr the Ge~der>fne ei ~ ~+bau9h Garret; . 7henCe 6 6bdGE;'pe3 E 563.97 r~-t along 6et6 caciil:ri+ctg b A poi: t at atrvAtute: . ~'h8trt~s ¢iaty8;81d ~ a CuN~ t0 ~ felt 1 tt3,4S tend std wive havir~ a rndw& of zaG.tbt~~, a, ~L'at etr~tt of 33'12t'36 : tangents of srlta3 r allofd >Mhict~ 6earc N lY'Z3'06" E 11~1.t31 feat la a pbinior r ~(, and ~ focip Thaw k ~ ~~ m ; ~ 'x'18` !~ 'fZ1.5o fQt:f laid c8nlerftno b a I?ohtt of Clmahrte; ! ' Yherlcg SfonQ Said CQhied' ~I t~diUB or25Q.v0 ~alq'~ a w+v8 to tt'~ rigtrt22z,33 lEi~C sai4 ctu~re ttavtltQ a r L'htxd wt~ictl b@2 ~~8~e Q bt'~t ~~@6 td a• , et ~"'~ of t•~ 9.iz feet, Artd a tong Dolnt Ot tart~:r• Y: . ` a'~nCe S C;8~0'Z4" !ti 3.A.4a feet flfone raid cehtertaie t0 8 poi, vn the w~stoi• . Y of S. E{Rg(a ~{ad, i ~~ of Thehce S eoro~yd• E t'r03,70 tae; rilonp satd wes~uny rtQht of wa :~~1'n pne vt th@ NE Y bf•thz ~ }s: y to a ~1t Ml the UFC-I I-fl8 FRI 12:14 POTOMAC FA?{ N0. 208:.•861 ?, X5/06 t~ew~.•. .t;,t. <<J-lS~~? 1~sag Pfil]ii .. -- - - --- .......__ __._ 7(Y~fiC-!/~'g~rr~•~;.~flZ0.~7lBD~a~U! Ft~AL t~att',~l" OF g~G fi the seudt ttna dt Ella t~tE Y of itis 8E y. tq ~ ~N1NO a th~r a~z~prwt,. ' Sald parcel of Ind ctHlta;r-s Ali 3~? gUas. more br less, - !>Ftci~ael E. Markt;, P.I.S. No. 4tlgg ~'= - - STATEMENTS OF COMPLIANCE THOUSAND SPRINGS SUBDIVISION NO. 5 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 single family residential development. 3. 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 with the exception of Section 9-605(E) Blocks. A variance on block length has been approved by the Meridian City Council. 4. The final plat reflects existing easements 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 for Phase 5 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. 990205\statement-com SUB~ISION EVALUATION ~ET Proposed Development Name THOUSAND SPRINGS NO. 5 City Meridian Date Reviewed 04/29/99 Preliminary Stage Final XXX Engineer/Developer Briggs En4r / Farwest LLC The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The followin4 existing street names shall appear on the slat: "S. BRANDY'S JEWEL AVE." "S. TAGISH WAY" "E. THREE BARS DRIVE° "E GREEN CANYON DRIVE" is approved and shall appear on the slat. "E INDIAN CREEK DRIVE° is approved and shall appear on the slat. "E BURGDORF DRIVE° is approved and shall appear on the slat. "E PISTOL CREEK DRIVE° is approved and shall appear on the plat. It would be appreciated if a new(updated with correct street names) over all plat of the proposed Thousand Springs development could be delivered to this office. (Ann Hurley) The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COM~EE, AGE CY EPRESENTATNES OR DESIGNEES /' Ada County Engineer John Priester Ada Planning Assoc. Ann Hurley Date Date "2 ~] ""~ City of Representativ `J ~- Date - Fire District Representative Date ' ~'' NOTE: A copy of this evaluation sheet rrwstbe presented to the Ada County Engineer at the time of signing the "final plat", otf~rwise the plat will n be. signed !!!! TO BE ANNEXED Sub Index Street Index 3N 1E 20~r,' •~Section NUMBERING OF LOTS AND BLOCKS ~' TRISUBSMSM CITY.FRM ~ `~ ~ /zq/y1`~ ~~ ~~ R~~L~~i~ SUBDIVISION EVALUATION SHEET Q C T 1 3 1999 Proposed Development Name THOUSAND SPRINGS NO.5 City Meridian Date Reviewed 09/30/99 Preliminary Stage Final XXX Engineer/Developer . B,ri~gs Engr. / Farwest LLC The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat: "S. BRANDY'S JEWEL AVE." "S. TAGISH WAY" "E. THREE BARS DRIVE" "E. GREEN CANYON DRIVE" is approved and shall appear on the plat. "E. INDIAN CREEK DRIVE° is approved and shall appear on the plat. "E. PISTOL CREEK DRIVE" is approved and shall appear on the plat. "S. LOFTUS WAY" is approved and shall appear on the slat. °S. BURGDORF WAY" is denied for addressing purposes and shall be changed to: " . ~. E. ~~, ~@n9 ~ t si5~r~ . These findiVngs are subject to recordation of the surrounding properties. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, d-GE REPRESENTATIVES OR DESIGNEES ~1 i Ada County Engineer Ada Planning Assoc. City of Meridian Fire District John Priester Sue Hanse Cheryl S Representative Date ~ 3d Date O Date 9- 3v Date ~d ~~ ~ ~ ,~ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !I!! TO BE ANNEXED Sub Index Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS t uw CENTRAL ~~ DISTRICT ~it'HEALTH DEPARTMENT MAIN OFFICE • 707 N ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-8500 u prevrn unr rea r dense am r rxu r r c; o pronur a rrn r r}~ r es y c.~; unr a ~~ro ec rrn pronrorr re rerr ram qua r r u our rnvrronmen . 99-774 R~1 CE ~~ September 21, 1999 SEP 2 2 1999 CITY OF MEIIIDIAN Ada County Recorder ATTN: David Navarro 650 Main Street Boise, ID 83702 RE: Thousand Springs #5 Subdivision Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on September 20, 1999. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Michael H. Reno Senior Environmental Health Specialist cc: Department of Housing and Urban Development City of Meridian Farwest Developers, LLC Briggs Engineering, Inc. MR/bm Ada /Boise County Office 707 N. Armstrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Ada-WIC Satellite Office 1606 Roberts Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-3521 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1st Street P.O. Box 1448 McCall, ID 83638 Ph. 634-7194 FAX: 634-2174 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless May 31, 2000 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 '`Dena 388-2021 fax 388-6924 388-6532 fax 322-2032 Re: Street Lights for Thousand Springs Subdivision #5 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 The street lights have been installed by the developer in Thousand Springs Subdivision #5. These are 100 watt high-pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The eleven (11) street lights are located at: Lot 59 Block 14 E. Three Bars Drive & E. Green Canyon Drive Lot 55 Block 14 E. Green Canyon Drive & S. Brandy's Jewel Lot 51 Block 14 E. Green Canyon Drive Lot 44 Block 14 S. Tagish Way & E. Indian Creek Drive Lot 41 Block 14 S. Tagish Way & E. Bergdorf Way Lot 6 Block 20 S. Bergdorf Way Lot 4 Block 19 ~ E. Indian Creek Drive Lot 16 Block 10 S. Brandy's Jewel Ave. & E. Indian Creek Dr. Lot 17 Block 16 S. Brandy's Jewel Ave. & S. Bergdorf Way Lot 2181ock 16 S. Brandy's Jewel Ave. & E. Pistol Creek Dr. Lot 27 Block 14 E. Pistol Creek Drive See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely William G. Berg, Jr. City Clerk Enclosures MERMAN • 24 HOUR /NSPECTION L/NE SBT--755 Elec-Commercial Permit Permit Number: ELC2000-128 City of Meridian, Buil ng Department 200 E Carlto~uite 100 Meridian ID 83642 PH 887-2211 / FAX 887-1297 Page 1 of 1 Applicant Parcel Number: PARC2000-648 Address: THOUSAND SPRINGS #5 MERIDIAN, ID 83642 Addition: Lot(s): Block: Contractors Electrician Address: Alloway Electric* 1420 Grove St BOISE, ID 83702 Phone: 344/2507 FAX; 343/8750permit Fees and Receipts: Number Description Amount FEE2000-10353 Electrical-Commercial $267.05 Total Fees: $267.05 RCPT2000-3342 $267.05 Total Receipts: $267.05 Other Fields: Value: 17410 Description: Street lights & time clocks / 11 100 watt lights - 26/11, 21/11, 17/11, 40/14, 46/14, 51/14, 55/14, 59/14, 16/10, 4/19, 6/20 Fees Due /Credit Info: C0 80 AA • p 00 000 p p O! ~ j „ ¢ i n it ~ ;~, nuN~a Nc"NU~ ~'nm TE-1 urv Pin rrEO sluD-I _ } 2^ , CENTER 1/r COAN[R~ -~-~ __ _ xo ~ wou o _I- .- a.ocx -~- -_ .__ __ rn i~ o v m 4 . \rr x I / ~ ~' zli ~ 'a f ' 75 ~ ~ mp a.ooc e ~ oo Q ~ .x y~? > e x e ,........ / V '- y~j~us<rvo sNN ,rvcs; (u / e y~ 1 3- erslmq W rs-s ~Aueo, v, s,orv o. a~ ~ 1 (' r FF-_ ~~ . ~_, i ~ U V w l ,s\\ sp~~ ~oc~ C. IR~PIE vlu4 DRrvE / \ CC_6 W ~ ~ ~ Z U fw \ \ _ ~F`~4 SS-1 `, a xx TP 2 n or c u ~,a /a_-- e. s t I~ 2 xu /.x ao5 \../~~ ~~ I soot e j 22 c \ = I u - 0 9 ~~ o--y ef~v / i I SB 1 ti~ J-~ 0 8 `P C~ I,Lg A6 B0 C6 ~w r50 ' ' ~~~ >, / , ...`,2\x / 75 8• 7~5 B ~ ,• p 000 p p 000 p p 000 p Pn ~ cY}` a•.~ ,o _ o a mm o o emu. ij o a m~ o V ~~ a~+` ' y 20 \ t8u ) BF-I 4 i i i i ~ i sr -~ , A H u. ~ v, (Rm[neAUCR c ~~~ / 47/ ,` '~ ~ ix~ _ SS-1 CN- ~ ~• V 9 x e ~ ' ~ ~ 75 C /, ~ 4 s' / c4~ •~~ 4t o '1,,,~5-2 / BxaR s ~( / 5 ~", A. /~' / o~ / °p stub A I 44 ~ __ ,T I-2' c' uil ~ ~"~•~ i~ '~rv~ ^ wr x>x D a s / f'Lo TTT B'y o~ .4n I `•...\`'' 4 I ~ wr` r~/ BF- y~ i~~.i:-. North 41 c w ~. .; ~~/` - a\ ~ G'~~~~ ~JB ,// \ ~ ~ CSC-a~ -.: ~.,. b ~; -v 15. i ' b d7 \ s ~' ~ \Y f 39 ~ e 65 ~ '/~~ 25 0 o~m1sD 4*' i ° '~p8~c ~' ~'v ~ ~ i n r O D ~ } ~~ , Leo 0 } `~ ~ ° xa m~ : \ E / 6 I ~C - I I - i oo watt' s `ro ''•~ __ }5 1 g - `~ ~{ t Dti 4S 75 1 ~ / b~ ~` -'" "\ 9 °• .^ > `per _ 10 \~ 7kousa~d s~pr~hgt ~d.5 R10ENBAUGn CANAL - „;e x / / -~ ~ /~ c ~ ~ GS-1 9 r 7v ~~ \~ i `O slu0 2-2" pri BdrC ,// } / ~'`l stub 1-2" sec \ xi CH-} ' ~ iY xo \ ~: ...SFg4 \`~. °e,F ~ / / R / i iu. Code KV, m 0 / U TYPe Pole/ Trench Fl Wire Fl. Feeder Ft. JOB INFO MAT ~a i AuIOCAD Job Title \ 4 / thousand s tin s 5 ~ , PossPort Description ~ x rt thousand s tin s 5 Addilionol Dmcriplion _ u. to 79 lots 'a Quadrant T ownship Ronge Section Meridion DES/CN 1 3n 1 e 20 B.M. P.°^n.r: geb25s4 001.: ~ Slote County Region: Wld Joo iypr.45 ID ada Epcolion io:mora4la MAPPJNC Oes~gn No: 8486 vet. No:O - Record Map File Nome: 1030120 Wort order Ne: 4101 Aa8ui11 8y: - Feeder Map File Nome: moro CONSTRUCT/ON - Record MoD By: Dole: : 0°te: Feeder Mo B Consl. Von: 12.5 Oper. volt ~ 2.5 - p y Tetlua Mop By: Dota: ~Onsl. By: _ T°. Entered 8 : Dole: Consl. 0°i<: ~ \. / ~fH- 2 8 x RZC~:~vl~;~ J U hJ ? 3 2000 CITY OF 1L1i117L~Y f' ~. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF FA.RWEST LLC FOR APPROVAL OF FINAL PLAT FOR THOUSAND SPRINGS SUBDIVISION NO. 5, MERIDIAN, IDAHO FP-99-017 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to § 11-9-604 H Municipal Code of the City of Meridian the 1st day of June 1999, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freclcleton, Assistant to City Engineer, listing 6 General Comments and 18 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "Thousand Springs Subdivision No. 5" as evidenced in Plat bearing the job reference #990205 \THSPSPLT. BI<B 04/23/99, SHEET 1 OF 3 stamped APR 23 1999 and SHEET 2 OF 3 stamped APR 22 1999, BRIGGS ENGINEERING, INC., Consulting Engineers, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THOUSAND SPRINGS SUBDIVISION NO. 5 - 1 FARWEST L.L.C, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freclcleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, dated June 1, 1999, listing 6 General Comments and 18 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A" and by this reference incorporated herein, with the additional requirements that: 1.1 Fire Chief, Denny Bowers, requires that all common areas and lots will need to be kept clear of trash and weeds; that roads and street name signs will need to be installed before construction is started. 1.2 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THOUSAND SPRINGS SUBDIVISION NO. 5 - 2 • • disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.2.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.2.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Worlcs Department, January 1997. 2. The final plat upon which there is contained the Certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate performance bond has been issued guaranteeing the completion of off-site improvements. By action of the City Council at its regular meeting held on the 1st day of June, 1999. By: ERT D: CORRIE 'or, City of Meridian ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THOUSAND SPRINGS SUBDIVISION NO. 5 - 3 • • Copy served upon Applicant, the Planning and Zoning Department and the Public Worlcs Department. B ~ - ~ , City Clerlc Dated: msg/Z:\Work\M\Meridian 15360M\T'housand Spgs No. 5\CondAppFP i- r~ .~(~"~ ~,~ l~ ~~ r~y ~/ .~ V ~ ~ ~ ~ ryr ti ~.L ', 9O. T 15K ~ ,,Z, ~.,~; rrrrN)!i ti14t444 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THOUSAND SPRINGS SUBDIVISION NO. S - 4 btayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH B[RD MEMORANDUM: HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-=1433 • Fax (208) 887-4813 To: Mayor and City Council From: Bruce Freckleton, Assistant to City Enginee~'~~r Shari Stiles, P&Z Administrator ~~- ~l~ ~-i-~ LEGAL DEPARTMENT ('O8) 88-t--1361 PUBLtC WORKS BUILD[NG DEPARTMENT (?08)887-3'_II PLANNING AND ZONING DEPARTMENT (?08)881-5533 June 1, 1999 Re: Request for Final Plat Approval for Thousand Springs Subdivision No. 5 by Farwest L.L.C. - 79 Single-family Lots/10 Common Lots on 32.06 Acres We have reviewed this submittal and offer the following comments, as conditions of the final plat. These conditions shall be considered in full, unless ezpressiy modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation drainage district, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 4. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 5. Please submit a copy of the Ada County Street Name Committee's final approval letter for the Subdivision name, lot and block numbering, and street names. Make any corrections necessary to conform (E. Burgdorf Drive). 6. If possible, please address, in written form, all items contained in this memorandum and submit to the City Clerk's office prior to the scheduled meeting of the City Council. Prior Thousand Sprirog NoS.FP Mayor, Council and P&~ • June 1, 1999 Page 2 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 COMMENT'S This final plat generally conforms to the approved preliminary plat. 2. Submit detailed landscaping plans for the common azeas, including sizes and species of vegetation and details of walkways, for approval prior to signature on the final plat. 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. Provide five-foot-wide sidewallcs in accordance with City Ordinance Section 11-9-606.B. Sidewalk improvements will be required along entire frontage of E. Victory Road as well as within development. 4. Sanitary sewer service to this site will be via extensions of the mains located in previous phases of the Thousand Springs Subdivision. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes aze to be provided to keep the sewer lines on the south and west sides of centerline. 5. Water service to this site will be via an extension of the mains located in previous phases of the Thousand Springs Subdivision. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 6. All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing aze to be installed prior to obtaining building permits. 7. One-hundred-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. 8. Please correct the spacing problem within the text of the final plat notes. 9. Lot 10, Block 20, doesn't meet the minimum 80-foot frontage requirement for an R-4 zone along the E. Indian Creek Drive frontage. Please adjust the frontages of the adjacent lots in order to conform. 10. Lots 56 & 57, Block 14 don't meet the minunum 80-foot frontage requirement for an R-4 zone. Please make necessary adjustments of the adjacent lots in order to conform. 1 1. Please execute the Certificate of Owners and accompanying Acknowledgment. 'Thousand Springs NoSFP Mayor, Council and P&~ June 1, 1999 Page 3 12. Graphically show five-foot-wide easements for public utilities, drainage and irrigation along the subdivision boundary line (side lot line) of Lot 24, Block 14, if this line is a side yard adjacent to future/existing phases of this development. 13. Please remove Lot 1, Block 19, from the list of lots mentioned in plat note 16. This lot is to be owned and maintained by the Homeowners Association. This lot is being utilized for storm drainage disposal. The Ada County Highway District shall be responsible for heavy maintenance of the storm drain facility, with the Homeowners Association being responsible for the light duty maintenance. 14. .Please revise the line types shown in the plat legend, as several of them look the same. 15. Add lots and blocks in Note 16 to common lots listed in Note 10. Delete Note 12, as dedication of the Ridenbaugh Canal right-of--way to Nampa-Meridian Irrigation District may preclude the possibility of future pathway development. 16. Reference to Lot 58, Block 14, in Note 10 should be to Lot 59, Block 14. This lot should meet size and frontage requirements without inclusion of non-encroachable drainage area. 17. Ensure that lot lines adjacent to Ridenbaugh Canal aze a minimum of five feet from the top of bank. 18. Reword Note 14 to indicate a license agreement is recorded as Instrument No. 98100924 to allow placement of the perimeter fence. 'thousand Springs NoS.FP '.1 •1: r. W. ;, ~..:~. ~~ ~~ •K~. June ], 1999 „. .~, s~ ,; f: ~' t R~~~~~ r ~ JU;° - 1 ;fir CITY OF VIE~IDL~:~i Dear Mr. W111 Berg City of Meridian , 33 E, Idaho Meridian, Idaho 83642 RE: Comments for Final Plat Approval for Thousand Springs No. 5 Dear Mr. Berg: We have reviewed the staff comments for Thousand Springs No. 5 F1na1 Plat Approval and agree to a[I of the modifications requested by the staff. Please let me know if you have any questions. Thank you, Klm Kinney Farwest, LLC ~{~ ~G7~O.y ~y//.rI •I~~~-~~e"J ~..:• /PO.i~•1cyJ'-.i~%G I~. _. ... _._-•--• • ~-- -- -- `"~~> "~~ ~_~_~~, r ta.•:, . s~ ~l!p v:j ~~ . ~~' • it • Meridian City Coundl Meeting June 1, 1999 Page 15 by John Beagley. Any further discussion? Hearing none, all those in favor of that motion say aye. MOTION CARRIED: ALL AYES. 15. FINAL PLAT FOR MIDVALLEY BUSINESS PARK BY RUBBLE ENGINEERING - NORTH OF I-84, WEST OF EAGLE ROAD ON THE SOUTHWEST CORNER OF E. MAGIC VIEW DRIVE AND S. ALLEN STREET: Corrie: Staff report, Shari. Stiles: Mr. Mayor and Council, this property is under the terms of a recorded development agreement, and we have no problems with approval of the final plat. Corrie: Is the developer here tonight or anybody representing them? Nickel: Mr. Mayor, members of the Council, Shawn Nickel Hubble Engineering 9550 Bethel Courtin Boise. Corrie: Do you have statement on the final plat? Nickel: No other than we are in agreement with all of the conditions of approval. Corrie: All right thank you. Council? Number 16 final plat for Midvalley Business Park by Hubble Engineering. Rountree: Mr. Mayor I move that we approve the final plat for Midvalley Business Park subject to the conditions of staff. Bentley: Second. Corrie: Motion made and second that we approve the - ;iness Park by Hubble Engineering with the conditions of the `~ ts? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. (End of Tape) 16. FINAL PLAT FOR THOUSAND SPRINGS NO. 5 BY FARWEST LLC (MARTY GOLDSMITH) -NORTH OF VICTORY AND WEST OF EAGLE ROAD: Corrie: Staff comments? MERIDIAN CITY COUNCIL MEETING: JUNE 1, 1999 • APPLICANT: FARWESTT LLC (MARTY GOLDSMITH) ITEM NUMBER: 16 REQUEST: FINAL PLAT FOR THOUSAND SPRINGS NO 5 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: REVIEWED SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS ~ /~ ~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live 130x) 8x4-~136a Council Members CITY OF MERIDIAN PURLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT c_ox> xx7--- i l GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING ?~ ~ r(v _I'~ ~ ~ ~ ~ DEPARTMENT KEITH B[RD ~~ ~, ~ (20x) 88=1-5533 MAY 0 7 1999 ~~;t~- -,s ~~e •` ~ ~ .PROJECTS TRANSMITTAL TO AGENCIES FOR COMMENTERIDIAN~EL~~~~ WITH THE CITY OF M 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 28 1999 ~ TRANSMITTAL DATE: Mav 5 1999 HEARING DATE: June 1 1999 ~'~~~~~~~~ ~t~' ' FILE NUMBER: FP-99-017 REQUEST: FINAL PLAT FOR THOUSAND SPRINGS N0.5 BY: FARWEST LLC MARTY GOLDSMITH LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY AND WEST OF EAGLE ROAD 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 8~ 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 REMAf~CS: Mayor ROBERT D. CORRIE Council 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 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: S' ~~' y 9 s.4 s ~- La t w: ~.~.. N ~ ~~ /~ L L C o n,....,, v •.1 ~ f 0 ~ <,,,,f CCU pA. T p l •4. 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 28 1999 DATE: June 1 1999 ~,~'r',°c.~'ec) (~t~' I TRANSMITTAL DATE. Mav 5 1999 HEARING FILE NUMBER: FP-99-017 REQUEST: FINAL PLAT FOR THOUSAND SPRINGS N0.5 BY: FARWEST LLC MARTY GOLDSMITH LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY AND WEST OF EAGLE ROAD 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 wf ios.., ,- LEGAL DEPARTMENT (2os> ss-t-azba PUBLIC WORKS BU[LD[NG DEPARTMENT (208) 887-_" I I PLANNING AND ZONING DEPARTMENT (208)884-5533 o.~ e~~ Mayor ROBERT D. CORRIE Council Mem)~rs CHARLES ROUNTREE 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 (~o818sa-.,yea PUBLIC WORKS BUILDING DEPARTMENT ('_'08) 887-Z' I I PLANNING AND ZONING DEPARTMENT ('_'08) 881->i3? 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: May 28 1999 TRANSMITTAL DATE: May 5, 1999 HEARING DATE: June 8, 1999 FILE NUMBER: FP-99-017 REQUEST: FINAL PLAT FOR THOUSAND SPRINGS NO. 5 BY: FARWEST LLC (MARTY GOLDSMITH) LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY AND WEST OF EAGLE ROAD TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 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 YOUR MAY - 7 1999 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) ~ONCISC~REMARKS: • • 911 Meridian Street • Meridian, Idaho 83642 • (208) -67Q 1 • Fax (208) 888-6700 CITY OF ~~ERIDIA.'V City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: 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 SQrin~s No. 5 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 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 at capacity. We can predict that these homes, when completed, will house twenty-six (26) elementary aged children, twenty (20) middle school aged children, and eighteen (18) senior high aged students. We will approve Thousand Springs No. 5 Subdivision at this time but we need to locate an elementary school site in this area. Sincerely, /~ Jim .Carberry, Administrator of Support Services BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holly Houfburg • David wynkoop • Steve Mann SUPERINTENDENT Christine H. Donnell ~~~~rT ,T, May 7, 1999 V ~i MAY 1 1 1999 SUBDNISION EVALUATION S~EET RECEIVED MAY 1 91999 Proposed Development Name THOUSAND SPRINGS NO. 5 City ~P1e~iiat~,u„~:~ian City Clerk Office Date Reviewed 05/13/99 Preliminary Stage Final XXX Engineer/Developer Briggs Engr / Fan+vest LLC The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat: "S. BRANDY'S JEWEL AVE." "S. TAGISH WAY" "E. THREE BARS DRIVE" "E GREEN CANYON DRIVE" is approved and shall appear on the plat "E INDIAN CREEK DRIVE" is approved and shall appear on the plat. "S BURGDORF WAY" is approved and shall appear on the plat. "E PISTOL CREEK DRIVE" is approved and shall appear on the plat. "S LOFTUS WAY" is approved and shall appear on the plat These findings are subject to recordation of the surrounding properties The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGf~CY REPRESENTATIVES OR DESIGNEES ~ / f ~ Ada County Engineer John Priester ;Z~ n ~ Date ~ ~ Ada Planning Assoc. Ann Hurley Date ~ ~ `t- City of L(~-2iD-~ Representativ ~ Date ~~ i 3.~ 1 Fire District Representative '~ Date .s' l7"' NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! TO BE ANNEXED Sub Index Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS TRISUBSISM CITY.FRM ~~c~: SUB~ISION EVALUATIORI S ET MAY - 3 1999 CITY O1~ iV1TSItIDIA.N PINING & ZGNING Proposed Development Name THOUSAND SPRINGS NO. 5 City Meridian Date Reviewed 04/29/99 Preliminary Stage Final XXX Engineer/Developer Briggs Engr / Farwest LLC The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the slat: "S. BRANDY'S JEWEL AVE." "S. TAGISH WAY" "E. THREE BARS DRIVE" "E GREEN CANYON DRIVE" is approved and shall appear on the slat. "E INDIAN CREEK DRIVE" is approved and shall appear on the slat. "E BURGDORF DRIVE" is approved and shall appear on the slat. "E PISTOL CREEK DRIVE" is approved and shall appear on the slat It would be appreciated if a new(updated with correct street names) over all plat of the proposed Thousand Springs development could be delivered to this office. (Ann Hurley) The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMN)~EE, AGE CY EPRESENTATIVES OR DESIGNEES ` ' /,% Ada County Engineer John Priester Ada Planning Assoc. Ann Hurley Date Date "2 ~ `"~ City of Representativ `J l U Date - Fire District Representative Date ~ ~ `~ NOTE: A copy of this evaluation sheet nwstbepresented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will n~i~ be. signed I!!I TO BE ANNEXED Sub Index Street Index 3N 1 E 20 ~, ~~Section NUMBERING OF LOTS AND TRwSUBS1SM CITY.FRM f/zq/y9 ~~ ~~ CENTRAL C •• DISTRICT HEALTH DEPARTMENT L DISTRICT HEALTH DEPARTMENT Environmental Health Division Return to: ^ Boise ^ Eagle ^ Garden City Meridian ^ Kuna ^ Acz Rezone # Conditional Use # Preliminary /Final /Short Plat. ~~~~ "~~ 7 ^ I . We have No Objections to this Proposal. MAY 1 2 1999 ^ 2. We recommend Denial of this Proposal. Derr.-~ :~~°~ T CITY OF ~~~~~~~ ~ ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ~8. After written approval from appropriate entities are submitted, we can approve this proposal for: ,~ central sewage ^ community sewage system ^ community water well ^ interim sewage ~entral water ^ individual sewage individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ^ community sewage system ^ community water ^ sewage dry lines central water 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. S` a--,vim- ~a-rr~c-tL~n ~r~,-..-~ u..v~~2 rh.~~c~~TDate: ~ l~l~ ~ ~ ~~ t~.~~..-fro ~1' Reviewed By: ~ ~L~i~f Review Sheet coHO is+i ~. ~. im CENTR.~I 1 OI~TRICT ~i'HEALTH ' O EPART~~t ENT ,~IAIV 4E~EC5 iQi ~V..•11i:~.l~if<Grl(i P~ °CI~c. ~Q 3J;C~.:a5 •1:C9} -:55a i . =X ~:'~?~CO Tu p~rt'trtt arttl trrat diseasr artd disability; to p~wrtutr /aralt/tv lifesrylrs: and ru protrct artd p~orr:ute rltr /teultlt arrd grtaliN uJ'uar trtvi~nrtnrrnr. STOR1ti1tiVATER l~I.~vAGEitiIENT RECOti~II~IENDATIONS tiVe recommend that stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. ~Iariuals that could be used for guidance are: 1) State Of Idaho Catalog Of Stormtivater Best ylanagement Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. ?) Storm~vater Best Managerrient Practices Guidebook. Prepared. by City Of Boise Public Works Department, January 1997. stormwater 3193:dty Servirt, valley, Elmore, Boise, artd Ada Courtaes amore Counh/ Otttce vclley Counh/ Ct;ice ACc / 8aise County O(tica ACa•W1C Sctetlite 0t8ea 3ZrJ setn Strsst N. 7C3 N. I;. Strew ?I. 7r ] , I..~rn;rcng t c%6 Rcear: s iCS tG 3? dai MGt:ntCU+ rcros. IQ 836x7 ^ ?.O. ?cx t a.:d 93638 4leCen: t0 ?c~sa. i0 837Ca H?cttn: 3~7•]'-'CO ErrnrC . se. ,ec Ph. 3J~•]...... •?.5 Envnc. ~eettn: 38]- i n::Bi.~Qi Fcmtrr ~ ectt . in.'cad.7t4d . F.t,.ay ?!cnr.:n~: 32i •7:tCC P.L'l. J3~•33::?? wIC: 837.:cC0 F:.:(: 63cZt7a imr..un~tCrtC~s:321.7.t~ PA;f:s~17•JS?t ggr:Cr ~`IUmnCn' 3?]•7a~;3 . ® YnC 1?7J..d? r/Z~ ir•7'~~J HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live c~~;I Members 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~'~~_~ Shar> Stiles, P&Z Admm>strator~ e!C ~ - / ..~tP r-', .~ l6 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (zos) 887-22u PLANNING AND ZONING DEPARTMENT (208) 884-5533 June 1, 1999 Re: Request for Final Plat Approval for Thousand Springs Subdivision No. 5 by Farwest L.L.C. - 79 Single-family Lots/10 Common Lots on 32.06 Acres We have reviewed this submittal and offer the following comments, as conditions of the final plat. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 4. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 5. Please submit a copy of the Ada County Street Name Committee's final approval letter for the Subdivision name, lot and block numbering, and street names. Make any corrections necessary to conform (E. Burgdorf Drive). 6. If possible, please address, in written form, all items contained in this memorandum and submit to the City Clerk's office prior to the scheduled meeting of the City Council. Prior Thousand Springs NoS.FP • Mayor, Council and P&Z June 1, 1999 Page 2 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. This final plat generally conforms to the approved preliminary plat. 2. Submit detailed landscaping plans for the common areas, including sizes and species of vegetation and details of walkways, for approval prior to signature on the final plat. A letter of credit or cash will be required for these improveme~s prior to signature on the final plat. All landscaping is to be completed prior to obtaining certificates of occupancy. 3. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. Sidewalk improvements will be required along entire frontage of E. Victory Road as well as within development. 4. Sanitary sewer service to this site will be via extensions of the mains located in previous phases of the Thousand Springs Subdivision. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 5. Water service to this site will be via an extension of the mains located in previous phases of the Thousand Springs Subdivision. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 6. All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed. prior to obtaining building permits. 7. One-hundred-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. 8. Please correct the spacing problem within the text of the final plat notes, 9. Lot 10, Block 20, doesn't meet the minimum 80-foot frontage requirement for an R-4 zone along the E. Indian Creek Drive frontage. Please adjust the frontages of the adjacent lots in order to conform. 10. Lots 56 & 57, Block 14 don't meet the minimum 80-foot frontage requirement for an R-4 zone. Please make necessary adjustments of the adjacent lots in order to conform. 1 1. Please execute the Certificate of Owners and accompanying Acknowledgmexrt. ~rn«~ s xos.Fr Mayor, Council and P&Z June 1, 1999 Page 3 12. Graphically show five-foot-wide easements for public utilities, drainage and irrigation along the subdivision boundary line (side lot line) of Lot 24, Block 14, if this line is a side yard adjacent to future/existing phases of this development. 13. Please remove Lot 1, Block 19, from the list of lots mentioned in plat note 16. This lot is to be owned and maintained by the Homeowners Association. This lot is being utilized for storm drainage disposal. The Ada County Highway District shall be responsible for heavy maintenance of the storm drain facility, with the Homeowners Association being responsible for the light duty maintenance. 14. Please revise the line types shown in the plat legend, as several of them look the same. 15. Add lots and blocks in Note 16 to common lots listed in Note 10. Delete Note 12, as dedication of the Ridenbaugh Canai right-of--way to Nampa-Meridian Irrigation District may preclude the possibility of future pathway development. 16. Reference to Lot 58, Block 14, in Note 10 should be to Lot 59, Block 14. This lot should meet size and frontage requirements without inclusion of non-encroachable drainage azea. 17. Ensure that lot lines adjacent to Ridenbaugh Canal are a minimum of five feet from the top of bank. 18. Reword Note 14 to indicate a license agreement is recorded as Instrument No. 98100924 to allow placement of the perimeter fence. Thousand NoSFP ~. ;. ~: :, ;, ~~. ~C, +x ' .° ,: ~ ~~. ~~ p 3 ;: J { •. z June 1, 1999 Dear Mr. W111 Berg City of Meridian 33 E. Idaho Meridian, Idaho 83642 JUN - 1 1999 CITY OF MERIDIAN RE: Comments for Final Plat Approval for Thousand Springs No. 5 Dear Mr. Berg: We have reviewed the staff comments for Thousand Springs No. 5 Final Plat Approval and agree to all of the modifications requested by the staff. Please let me know if you have any questions. Thank you, ,~ ~ G~ Kim Kinney Farwest, LLC . i' .ei '.'~ /iS(.' ~.'f yr, ,:~c.;~~..tio%./~c ~1;97(~~' /°'l~if/~°8J'-~i~d'•9 .~.~:~ /,~a~r/~ry~l~..p~vn JUN 01 '99 16 54 PAGE.01 ~~~~ ~~- 6-i-99 .. ~~ ,. 1,~ . f~'; CJ DECLARATION Off' COV~I~IANTS, CONDITIONS AND RESTRICTIONS OP T~IOI,TSAND SPRINGS SUBDIVISION THIS DECLARATION is made as of the day of 1998, by FARWEST, L.L.C., hereinafter referred to as "Declarant." A. Declarant Farwest Developers, L.L.C. is the owner of cert in Ada County, State of Idaho, more particularly described as follow: All of the .land within the boundaries of Thousand Springs Subdivision No. 1 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. CC~~.s ~ (i~ W~QQi~.. fi~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 ~ ~ 1.3 - "Association" shall mean and refer to Thousand Springs Subdivision - - Homeowners' Associata~, Inc:, a riosiprafit corporation organized under the'laws of ~ ~~"--' _ __.. . the State of~adaha. its successors and assi4ns. _. _ _.___. ____.._ i .4 "Bui/ding" includes any Dwelling Unit, house, garage, or any other partially or fully enclosed building, shed or other structure, consisting of one or more waits 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 Lot 1, Block 3; Lot 1, Block 4; Lot 2, Block 4; Lot 3, Block 4; Lot 12, Block 4; Lot 16, Block 4; Lot 24, Block 4; Lot 34, Block 4; Lot 1, Block 1; Lot 7, Block 1; Lot 1, Block 2; Lot 1, Block 5; Lot 12, Block 7; and Lot 33, Block 4 of Thousand Springs Subdivision No. 1, 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. Lot 12, Block 4, 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 Facilities" 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 and specifically including the wrought iron fence that borders the Ridenbaugh Canal. 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 "Dwelling 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 Mortgage" 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. DECLARATION OF COVENANTS, CONDITIONS AND. RESTRICTIONS - 2 • 1..11 "Lot(s)" shall mean and refer to the plots.or tracts of land comprising the ..~ _ '~ Property; designated_by iot~numbers-on the plat, orany_resubd~vision Yherefzy except,- .~~ the Common-Area. ~ '" `V 1.12 "Mortgage" shall mean any mortgage, deed of trust, land sale contract or other security instrument by which a Lot is encumbered. 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 Building" 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 "Owner" 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/at" shall mean and refer to that certain plat of Thousand Springs Subdivision 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 Membershia. 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. . DECLARATION 0~ COVENANTS, . CONDITIONS AND RESTRICTIONS - 3 . ~I _ -- -- ~ 2.3 ~,I~~~As of Voting Members. The Association shall have two classes of -~r. - _ ~~ ' - voti;ig `rYiembership;-h~ow~ewer; as"-votes -sliaif~~tie-'equai -and =counted as such; excepr --- - _ __ .. . . __ where vo_ ting b~f separate classes may otherwise be provided in the Articles and ~6y- Laws of the Association or this Declaration. (a) Class A members shall be Owners with the exception of the Declarant iduring the period when the Declarant is a Class S 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 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%) 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 DECLARANT 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 port'son 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 .. .- ': ~-. irrigation system rr~C~iii be conveyed to~nd-"aperated by the Association or the Nampa=_ - -_ ~rleridian Irrigatior~~ District. ~~ vundv~atcr 3ppropri; ted for the dome:~tic water systeir - . _ _. will be owned by ±he City ~f Meridian. ~ . _ _ _~ _ _ _ ARTICLE 4: MAINTENANCE. 4.1 $g~p4nsibilities. 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 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 Prooertv. The Association shall also be responsible for the maintenance of any perimeter fencing of the property including the back Lot wrought iron fencing of those Lots that are contiguous to the Ridenbaugh Canal or other established irrigation and/or drainage ditches; and the bank of Ridenbaugh Canal outside of the fence. The Association shall be responsible for landscaping Lot 2, Block 4, which lot is intended to be developed by the City of Meridian as a city water well, and Lot 1,. Block 4 until such time as the City of Meridian has developed said Lot 1 as a fire station. 4.3 Sidewalk Median Strio. 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. Should it be necessary for the Association to maintain or landscape any portion of the median strip, the Association shall levy a limited assessment against the responsible owner for the costs of maintenance and landscape in accordance with Article 6.1(d). 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 Heav~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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 .exceeds the designated storage level. All other maintenance shall be referred to herein ...-._. -~- ---av'"l~glh? ma'.__^.~en3ncc." Ada County Highv<~ay~District_(A~HD) has opted toaflerform _ :.. ~- this heavy maintenance and shall be allowed; by the Homeowners Association, i0 ~ --- -- - perfor;r: this -nainte^arce work. lin the event ACRD s!?aEl decic(P not to d~a such "heavy maintenance" they, the Association shall do it. 4.6 Easement to ACRD for Heavy Maintenance. Each drainage lot shall have an access road along one side of into 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 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 Manua/ 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 Manual for Light Maintenance is incorporated herein by this reference. ARTICLE 5: PROPERTY RIGHTS 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 Improvements. 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 ~1 ~I -~~ ~ prop~rtY. provided the rights of such mortgagee shall at a10 times be subordinate to the --- . ~_.. - ~ ~~~ ~ rights of the Owners under ibis declaration. ARTICLE 6: ASSESSMENTS 6.1 creation of Lien and ~ PPrsonaf 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: (a) To the Association, regular annual or other regular periodic assessments or charges ("Regular Assessments"); (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; (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 (c) the Association has incurred expenses for maintenance or correcting the violation. Thereupon, the Board shall have the power to levy a Limited DECLARATION OF COVENANTS, CONDITIONS ANO RESTRICTIONS - 7 i ~ "~ ~ ~- __ . Assessment against the OwnPr,to pay for the costs of such maintenance and repair :--- . -~or-~c+re:.t~o~, of violation and-~3;~y-ether costs~or expenses, inclucling~ttQr_ney fees. ._ . arising ~;:; ~f or ncidEnt to suchmaintenance 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 continuiJ:~.g lie, 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 (301 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 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°k for any given DECLARATION OF COV£NAI~ITS; CONDITIONS AND RESTRICTIONS - 8 _ -= -- year, there must be a vote. of two-thirds of the members affirming ariy such increase - _._._- - - ~at a meeting duly called far this pur~cse:- The:43oa-rd ofr`Di~ecfer=sctf"the Association - ~ mad fix the Rocular AssessmEnt at ariy-,amount equal to or-les$ -tfirar~ -the maximun i. 6.4 Initial Regular Assessments. Initia! 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 i_ots owned-by i3eciarant, 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 5100.00 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 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°~ 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.. DECLARAI`ION-OF COVENANTS,- -~ - CONDITIONS AND RESTRICTIONS - 9 8.8 special Assessments. In addition to the Re'~ul~1r Assessments, the - ,_..;:,o~iation may ievy-in~any-assessment-year, a SNeci'atAssessment-app~icable to that- - ---- - year only, for the purpose of defraying, in whole or in-~~part,~- the cost of any construction or reconstruction, unexpected repair or ~eplacemerit 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 votec 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, 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 Nonp~vment 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%) 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 Subordination 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 • • ~' and/or nIMID ,shall,before undertaking maintenance of said' Common Areas, provide -- -- ~rrri:;er•~-:~atice o. its af~ttlor their intention to begin ~mal.ntenance of the d~f'sned _ Comr::on Areas or Common Facilities within a thirty (30) day~period, within which time frame the Association may undertake to inii.iate and-conclude~all maintenance defects M 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 Subdivision 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 Subdivision 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 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 shall 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, ACHD and/or NMID. The Association and all Lots Owners, by accepting title to a Lot, agree that all Lot Owners within Thousand Springs Subdivision 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 11 • and/or cats or other small ;iousehuEd Nr:ta which do not unreasonably bother or constitute a nuisance to others maj~ ~~e kept, pro'vided~tfiat`they: are not kept, bred o~"" maintained for any commecci~). purac c. Dogs .and other similar pets shall be on a leash when not confined to an Ow^er's ! o:. (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. (e) 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 (1) 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. (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. (h) 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 JVlobile Homes. No mobile home, prefabricated home, trailer, modular home, or other pre-built or premanufactured home shall be allowed on any Lot. DECLARATION OF COVENANTS, CQNDITIONS AND RESTRICTIONS - 12 . • - - 8.2 Set Backs. The front lot line for each lot is located approximately tv~~o ... ~ eet i~ic the side :valk~ and although-the-c~uFrent~R~ler;.dan~-Ctty_zdni^g ordinance far.. _ -_ _ tl:i~ current subdivision permits a twenty foot frorit yard set back, it is a specific requirement of the City~of~ivieridian~and-a specific buiidif-ig restriction herein that all d~~veiling 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 *_his document....- --~ - - 8.3 Dwellincl 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 fully enclosed garage adequate for a minimum of two (2) standard size automobiles. No carport shall be allowed. 8.4 c'~nstruction of Buildings. 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. All 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: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 • (a) No fence or wall shall be permitted Lo be constructed or installed ~ - on -any portion of a ~be~~ constructed •by ~ the Declarant ir. Thdusa~d Springs- Subdivision. (b) Fences and wails shall not extend closer to any sidewalk than twenty feet (20') nor project beyond the setback of the principal building on the Lot. Re fence higher *_han six feet (6') shall be allowed without the prior written approval of the City of Meridian (if required) and the ACC. Ic) 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. (d) 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 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 Subdivision: (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. (b1 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 (15) two gallon shrubs in the front yard. The use of berms and sculptured planting areas are not encouraged. DECLARATION ~OF COVENANTS, ~ ~ • .. CONDITIONS AND RESTRICTIONS - 14 • (d) The four foot wide landscape area between sidewalk and curb of esch Lc~t shall be.landscaped b~! the..Lot_:Oyrner with? so~l,ar~d. 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 to minimum three-foot six-inch diameter ring at its base without sod, planted with 18 mature marigolds and 36 mature fuschia petunias (or such onther single or two color combination as deter_mined_ by the ACC), 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 shat! 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. 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 betterl 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 Subdivision, 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 15 • 9.5 Mailboxes. hJo #ree-standiri~r-iailboxes shall be constructed or installed on any Lot without the p:cr written approval of the-~ians aNprcvcd uy the ACC: - 9.6 i~ ns. No commercial billboard or advertising shall be displayed to tl'ie 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 advertise^g 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 Subdivision shall be permitted, provided the same is approved by the ACC prior to installation. 9.7 Adoption of ACC Rule~~~r'r 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 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: ~-RCHITECTURAL CONTROL r.OMMITTEE. 10.1 LVlembers of the Gommittee. The Architectural Control Committee shall be comprised of at least three (31 persons, all of whom shall be appointed as herein provided. A member of the AC til salid member'susu'ccessor hasgbeenoappoint d removed, but m any event, u Members of the ACC may be removed at any time, with or without cause. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 i '~ 10.2 Anoointment. So long as the Declarcn± owns any Lot or parcel within the _ _ Prdperty; the Declarant shall_ have the. sole righ~Y.ta appca::~t and..r_emove all members of the ACC. Thereafter, all members of the ACC shaii be appointed or removed by the ___. Bdard. __._ ... 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 a_nd 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 ~~aroval Required. 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 Subdivision 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 least two (2) members of the ACC. 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 ~ ~ -- Ali appiicatior'~s n-~ust contain, or have submitted therewith, the following - material (col:ectively called "Plans~arid SpecificationsR) prepared in accordance witi~ __ acceptable.-architectural standards and submitted with the application form, if any, approved by the ACC: (a) i PI n. A site plan showing the location of the Building(s) and - ~ - alt oti~er structure and improvements including fences and ~ovalls on ::+2 " ot, 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 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 Subdivision 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 18 ~ • Declarant of a Supplementa! Declaration, ~rrhich steal! 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 origi^al!y-~ 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 Designation 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. 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 DECLARATION .OF COVENANTS, CONDITIONS AND RESTRICTIONS - 19 • • Declarant and owned and operated by the Association or the Nampa-Meridian irrigatior: eDis:r ict for the beriefit 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 ±herefrorm is, ir. ary 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 Mortgagee as provided herein, and their respective legal representatives, heirs, successors, grantees, and assigns, for a term of forty (401 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 Approval. 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, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 20 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live c i~ ail Members CITY OF MERIDIAN ~ ~~ CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-48137- [[.. M aY o ~ lyy~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON D~~'~:~~~'E"1~`t`~'ROJECTS 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 28, 1999 TRANSMITTAL DATE: Mav 5, 1999 HEARING DATE: June 8, 1999 FILE NUMBER: FP-99-017 REQUEST: FINAL PLAT FOR THOUSAND SPRINGS N0.5 BY: FARWEST LLC (MARTY GOLDSMITH) LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY AND WEST OF EAGLE ROAD 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 C ITY 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) YOUR CONCISE RE_MARKS~, ** TX CONFIRMATION REPORT ** AS OF JAN 13 '00 15 33 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 19 01/13 15 32 12083452950 Memo To: Will Berg, Jr. From: Gary D. Smith, PE CC: file S~ID/t:~ Date: 01 04/00 MODE MIN/SEC PGS CMD# STATUS EC--S 00'29" 001 158 OK Re: Thousand Springs Subdivision No.5 -Final Plat Will: Here is mylar plat sheet No.1, No.2 and No.3 for this subdivision. 1 have signed Sheet No.3 in the appropriate location after checking the plat against the review commerrts previously made by my department 1 have reviewed my project file for ofi-site improvement requirements and I have visited the subdivision site in an effort to see vrhat has been constructed. The weather conditions did not allow me to do much inventory, except from the automobile. It appears that the following items need to be completed at this time: 9 . Street Lights: Eleven lights ~ $1500 = 16 500. 2. Pressure Irrigation: Apparently 50 lots need to have pressure irrigation completed at the bid price of $545 per lot = S27250.00. 3. I..andsoaping of Common Areas: Apparently Shari has approved a landscape pYan and the developer has submitted a contractor's bid for that plan for 520,560. 4. Fencing: a. Wrought Iron: 1237 L..F. @ $13.501L.F. _ $16,699.50 b. Six (6) foot Cedar: 230 L.F. ~ $10.OO/L.F. =$2300.00 c. Three (3) foot Cedar. 40 L.F. @ $8.OO/L.F. = 320.00 S19.319.50 From the desk of... Guy D. Swath. PE Leeer of Gedit Amour-t = a 83.619.50X 110'x6 =591.981. ~~'"` o'`y E"®""` MerldianPubLcwotks neparm.~t 200E GvltmSt,Suite100 Merid~.ldahoA?fi42 2600 (206)887-2211 • Page 1 Fa~c (208) 887-1297 Memo To: Will Berg, Jr. From: Gary D. Smith, PE CC: file s~.p/1.t~ Date: 01 04/~ Re: Thousand Springs Subdivision No.5 -Final Plat Will: Here is mylar plat sheet No.1, No.2 and No.3 for this subdivision. I have signed Sheet No.3 in the appropriate location after checking the plat against the review comments previously made by my department. I have reviewed my project file foroff-site improvement requirements and I have visited the subdivision site in an effort to see what has been constructed. The weather conditions did not allow me to do much inventory, except from the automobile. It appears that the following items need to be completed at this time: 1. Street Lights: Eleven lights @ $1500 = 16 300. 2. Pressure Irrigation: Apparently 50 lots need to have pressure irrigation completed at the bid price of $545 per lot = $27,250.00. 3. Landscaping of Common Areas: Apparently Shari has approved a landscape plan and the developer has submitted a c~ntrador's bid for that plan for 20 550. 4. Fencing: a. Wrought Iron: 1237 L..F. @ $13.501L.F. _ $16,699.50 b. Six (8) foot Cedar. 230 L.F. @ $10.00/L.F. _ $2300.00 c. Three (3) foot Cedar: 40 L.F. @ $8.00/L.F. = 320.00 19 319.50 From the desk of... Gary D. Smith, PE Leiter of Ci*edit Amour-# = S 83, 619.50 X 1109 _ $91.981. Meriaian city Engineer Meridian Public wanks Department 200 E canton St., Suite loo Meridian, Idaho 83642-2600 (208)887-2211 • Page 1 Fax: (208) 887-1297 t f K ` ~' ~ 4.550 ~ t ~°tatc • .~oroa, ~da~o 8.970.9 ~ ~ s-~f ~q ~~s ~. ~sv ~ ~t'i`3U Gec~. TO: C~~r~-G~ 1-~erzArArV ATTN: L1 ?~~~ Qera GENTLEMAN: dC~44[#Q Off 4QQa4G~~44~d ~. L WE ARE SENDING YOU ^ Attached ^ Under Separate Cover VIA: ,0"Messenger ^ Overnight Courier ^ U.S. Mail THE FOLLOWING DOCUMENTS ^ Shop Drawing ^ Prints ^ Plans . ^ Samples ^ Specifications ~ C.opy of Letter ^ Change Order ^ j .. II- -9 ~ i~~ Q,e z -m~ s~ # ~` ~~ THESE ARE TRANSMITTED as checked below: - !~' For approval ^ Approved as submitted ^ Resubmit copies for approval ^ For your use ^ Approved as noted ^ Submit copies for distribution ^ As requested ^ Returned for corrections ^ Return corrected prints ^ For review & comment ^ ^ FOR BIDS DUE 19 ^ PRINTS RETURNED AFTER LOAN TO US REMARKS: _ #y T6~~1 NX~i NOU-01-1999 1651 BRIGGS ENGINEERING: INC;. N vvember 1, I yy~ Will bzrg City of Meridian 33 E. IdaYao Meridian. [dahu 83642 Thousand Springs No. 4 Subdivision A. Meridia~~ City - i..etter of Credit 12083452950 P.02 1. Street Lights (~(a $1,500 ea.) $7,SUO.UU 2. Landscaping Common areas $7,5UU.UU 3. Pressure Irrigation (Sen%ices 1~ Mains) 4. No P'eneing Required Inscalied Subtotal $15,000.QO + 10%~ $1 U0.UU Tutnl $16,SOO.OU NOV-01-1999 16 51 BRIGGS EhJGINEERING~ INC. 12083452950 P.03 i J u very, i,er , , , 9') ~ Vvill t3erg t~ t:~~ c£ ~.1eri~3iz11 F,.. 13~h~z YI~riciiarl, Iclah~ 83c5~1i Thousand Sprin~a_~~1o. a Subdiyis'a A. Mericlia?x 4~'it:y~ - Let'rr cif' Credit 1. Street L,igl~ts t9(~; ~1,SU(l ca.) ~' 3,`OC t~0 ~. I' %11G111~ 11760 LI~ W~r~5ug11: lrc>n Installed 1'l37 Lf7 Wrought Iron r~ $1.50 LF s. Landscaping Common areas 4. Pressor°. Isri~atiora Szrvic°s Pi. Mains] 990205/LOC-l"ecs ~1:5,C5~9.5t7 $27,250.00 Subtoial $77,449.5U 1'lru'~ `~7.7~.'l5 Total ~~Se, ~ 9~- ~5 TOTAL P.03 •Oct 13 99 10:27a R~ Elwood 1Vlaonlight Landscaping 1.367 N. Sandlin Ave. Meridian, iD 83642 ~ NAME/AaDRESS ': Fer VPest # 4&5 iantfscaP~B I ~ LancLscaping for #4 Lauclscapivg for #~ S.'i~CS LILY ;1'lns is for be ~._ _ ____ DESCRIPTfON QTY [81895-8626 p•1 Project Bid _____ (---- DATE I SID# 10/13/99 ~ 946 i L _-_..._~- ..- RATE 7,500.00 20,550.00 5.00% PROJECT i -, - _ -_ - i r-- - ,I i ~ _-- __--__ __ l TOTAL 7,500.40 24,550.04 0.00 ~i ~ ~- ADDENDUM No. l: DEVELOPER - CONTRACTOR AGREEMENT DATE: October 27, 1998 PROJECT: Thousand Springs Subdivision This addenda is to be attached to and become a part of the previously executed Developer - Contractor Agreement and become a part of the Contract Documents of the aforementioned project. The purpose of this addenda is to increase the unit price used to compute the contract sum amount. ADDITIONAL CONTRACTOR OBLIGATIONS 1.1 The Developer agrees to increase the unit price stated in Article 4.4 from $525 per lot to $545 per lot. The new amount is to be used in Appendix Number three to compute the Contract Sum Amount for each phase of the Project. IN WITNESS WHEREOF, The parties have hereunto set their hand the day and year first above written. T.)EVELOPER GOLDSMITH CHARTER, INC. J B Ken Henderson, Vice President CONTRACTOR: RICH ELWOOD DBA: MOONLIGHT LANDSCAPING ~~ Rich'Ely6ood, PAGE N0. 1 of 1 ADDENDA No. 1 -.~,,. -- CONTRACTOR: DATE: PROJECT: • • ... , .~. 'GpLDBM~TS~`CHARTER, Iac.. ` ~" ` an Idaho Corporation John Meyer dba PIONEER FENCING AND LANDSCAPE June 19, 1998 THOUSAND SPRINGS SUB. RECITAL The Developer and the Contractor wish to enter into a con- tractual agreement to construct an entire 121 acre subdivision in multiple phases. Further; they wish to define the scope of the Contractor's Portion of the Work, the time to commence and sub- stantially complete construction, the unit prices and the method of computing the contract sum amount and the general terms and conditions of their relationship. The Contractor and Developer intend to apply 'this agreement repetitively to each individual phase of the project until the entire project is completed. ARTICLE I THE CONTRACT DOCUMENTS 1.1 The Contract Documents consist of this Agreement, the final construction plans for the project as prepared.. by the Project Engineer and modifications to the final construction plans, if any, required by the Reviewing Agencies. The Contract Documents are to be interpreted in their entirety, and what is required by one shall be as binding as if required by all. 1.2 The City of Meridian (City), the Meridian City Engineer (City Engineer), Idaho's Division of Environmental Quality (DEQ), the Ada County Highway District (ACHD), the Project Engineer and t:.he Developer are the Reviewing Agencies and shall review and approve on the final construction and construction plans. The parties understand that, despite approved construction plans, the Reviewing Agencies may make certain changes. The Contractor shall assume responsibility for complying with and incorporating all such reviewing agency changes. The Project Engineer is defined as the firm, or its representative whose name is sub- scribed on the final construction drawings. 1.3 The final construction plans are not available at the time of execution of this agreement. When final plans are made available, the Contractor will incorporate the plans into the Contract Documents and compute the Contract Sum Amount as re- quired by Article 4.4 of this Agreement. The Contractor shall Page 1 of 9 Developer - Contractor Agreement u CraoCOr ! s Pot'C~Q2i~ plete on or beforeF°~ e the time of executing ~thia`~°Ag~ ml tremely difficult or impractical `'to `a` certain :`~`~' Consequently, 'the` parties agree that the Contractor will be liable to the Developer for the sum of $100.00 per day as liquidated damages for each day beyond the Target Substantial Completion Date that the Contractor has not achieved Substantial Completion of it's P',ortion of the Work. Nothing in this article prohibits or limits the Developer from pursuing any other remedy allowed under other articles of this Agreement or as a matter of law. Liquidated damages shall be assessed against the Contractor only when such. delays are caused by the Contractor or its employees or agents. ARTICLE IV CONTRACT SUM 4.1 The Developer will pay the Contractor in current funds for the Contractor's performance of it's Portion of the Work. 4.2 The Contract Sum Amount is the amount of money to be paid by the Developer to the Contractor for having performed it's Portion of the Work. 4.3 At the time of execution of this Agreement, the Contract Sum Amount is not known. The Contract Sum Amount is to be com- puted, established and acknowledged in Appendix No. 2 of this Agreement 4.4 Upon completion of the final construction plans, the parties will use appendix No. 2 to compute the Contract Sum Amount based upon the following unit prices for the various types of fencing that are described in Article 2.1 of this agreement: 1" X 6" X 6' Dog Ear Cedar W/Metal Posts Wrought Iron W/ Welded Slats 4' Chain Link 6' Chain Link Aluminum privacy slats $10.00 per linear foot $13.50 .per linear foot ...:........... . S . OO ,per linear foot :::_. $ 6.50 per linear foot $ 5.50 per linear foot ~NPr~e~S _.. _ . . Picture Frame $11.50:>per linear foot - Plastic Mesh $` 1.OO~per linear foot (mesh material and posts are to be supplied by Page 4 of 9 Developer - Contractor Agreement r WARRANTY DEED File No FOR VALUE RECEIVED re, S d-A:~ o ~ GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto: CITY OF MERIDIAN GRANTEE(S), whose current address is: 33 E. Idaho Meridian, ID 83642 the following descr~hP~ real nr~nPr+~~ ~~~~+a~l\., rda County, State of Idaho, more particularily described as follows, to wit LOT~1 J~1N PLAT THEI ~~~ BLOCK 4 THOUSAND SPRINGS SUBDIVISION NO. 1 ACCORDING TO THE OFFICIAL FILED IN BOOK 78 OF PLATS AT PAGE 8248 and 8249, RECORDS OF ADA COUNTY. FARWEST, L LC., an Idaho Limited Liability Company LO 57 N BLOCK 4 AND TOT E OFFICIAL PLAT ADA OUNTY. ~a~- St1~t'O~l S~ ~ 63 I BLOCK I4 OF THOUSAND SPRINGS SUBDIVISION NO. S ACCORDING OF FILED IN BOOK 79 OF PLATS AT PAGES 8534 THRU 8536, RECORDS OF ~~~ 1 ~~~~ TO HAVE AND HOLD the said premises, with their appurtenances unto the Grantee(s), and the Grantee(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the Uwner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and he Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: June 19, 2000 FARWEST, LLC, an Idaho Limited Liability Company sy Marty oldsmith, Managing Member STATE OF 1DA}IO, County of Ada ss. On this -------- day of June, in the year of 2000, before me, a Notary Public in and for Said State, personally appeared `~ ~~f ~... - . .z 2 O 'i ~ N Q/.~ -i V 0 W F < - •-~ / ~ 7 Y O m~ U~- ~ m r F Q y~Z y UI ~ U . V t W ~ <~ <t~ V, g u a . ~ Z ~ H ~ /N~> 4~-~ ~ W ' 1 ~ s ~ l/ l < R ~ rn 1 I ~ $ W ~^ O ~ :..........:...:.~:R~~.~ 1 ~LJ/ ~ a z avoa 3-lova I-linos e~ (9Nirr3e pro SiSrel •N; ,G 3 ° ..- .! ~ o ,~; .°~ -° ,~ p.~' ~ ~ °~o.a m n p)`- ~J ~~ '~ , i 7 o~ ~~- r-s; ~: ~<b+r %~ ~!' 1 'd' Y~ ~ ~/ d 1.4N 4~~` ~'^ tx ~ FAt S1'Y Pc- S t y wi«e tt -,.. .. ,: t ~~s~ y. s t '., i E TS it: Y? _ .. YJ 6~ :. .hi .Y.°`.. P....C^a~ .. ...: ...-: Vii .. .... 1. 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A'~d~`S J' ' ~ ~ 4~' `, d$g v~ ?`~~ ~2~ f~ ers ~ .// a~' ° 4 ' "R~ ; ' y''Py `tj `` d?. %%_~ `~j ""'' c ~. ~ f ^,• 6 t ~ ~ yp. ~ x `, J 2p, ~'r •s _ `~ ¢/~ ti ~' J •,1 . ,~' /. ~i ' -~q`oi° y ~ d''~' ~ d'" ~'~`J}„ ~ S •~~QAb „ C' . e~ ,~~b ., y ~ t~ ~, ~ - e~ v J;`o d .''S ~ u' ~~ ~\ R~ 9~,-• ~ ~ ~ QI .,a,`. yq4 .n _A 4 ~ R ¢jd1 a . /~~~ w d' ~ BJ. yu s ~ b,` y ' 3 ~$1~~.ue ~ "g,4. 4 - d • 5 ~I~ c ~;~~ ~ S - to a "'! ~ ~' a ~ t9 'SQ.yCQ RIS ~~~~ JsG ~ °~~.•, S~`~s n •\ ° east ,Lyo ~ ice' ~~ o$,9J ~ c'^i 4`4 $~ S 2 ~~~ • cap snes• +sa a ~-'• y ti ~ ¢ y y 1y~1 20 z~ s''~• ~~__- ~ ____ 9_!Y p~ ~° o~ X1-1 • ~ s a~ ~~ -- ~i s "`1~'' ~'~, .o Via`' O .y~~ ~ i ~ Y _ u v ~ ~ n P ! Y N i ~ I S sJl'. R~~~ Q ~ ~~ ~~~ 3( RS ~ ~~ ?F ~ ~ ~ ~ ~~'~ Y~ ~ ~~ ~n m x °~' ~ ~ ; ~ T s o = ~ N S o ~ Q ,,{{ RR L~ i~ Al ~ ~~ ~ ~ . ~ ~. Qi~ Y P m ~ ~ o ~ ~ O O N Vl 0 SR_ y(~i-o R Y ~ Si ~i ~+ OA~~ 4 Q~ R 8~ m s-1 +~ ~~ N !-r C" gg ~ q p b^~y ' r 1 QQ QQY ~ i ~ ~ ~ ~ ~ ~~ . 4 f u ^ 4 AA ~° ~ ~ ~ ~ 9 ~W ~ ~A Q~ Q s g y $ ~ ~ ~ Cl~ a ~ $ ~ ~ g ? ~ Q h ~_~ ~ .r tab s ~ ~,, N Q R a . a R, ~ ~. f5 ~S e- ~ 4 ~ ~ • "~ t; UNLESS OTHERWISE SHOWN, ALL L0T5 ARE .HEREBY ~DESiGNATED AS HAVING A PERMANENT EASEMENT FOR PUBLIC UTILITIES, STREET LIGHTS, IRRIGATION, C07• DF2AINAGE • AND -LANDSCAPE OVER THE -TWELVE {i2~ FEET ADJACENT TO . ANY PUBt_!C STREET, UNLESS OTHERWISE NOTED. THic E~.SEMENT SHALL. ~~OT PRECLUDE THE CONSw?JC?Ipn; ;~' , ~ - ri _ _ - ~ - ..; .. . - - f.nL L, nr f-...,..~ .:^Cr lays L.`f .:: APv/ wi1~Y~tS f.YJ Iv CR..Yi ~C7d.. .. ,.,, ,, -, .- _. ';. . 2 BUILDING SETBACKS AND DIMENSIONAL- STANDARDS JN THFS SUBDlVISK)N SHALL BE- 1N COMPLIANCE WITH: THE APPLICA$LE ~. _ „ .ZONING REGULATIONS OF THE CITY OF MERIDIAN WITH EXCE?TION OF THE FRDy.T YARp. SEI`BACK,: WM1CH -SHALL-~8E :20 - .:FEET MEASURED. FROM THE BACK OF 3HE StDEWAtK; OR 22 ffET. MEASURED FROM `THE RIGHT-OF-YVAY, `:. .. `' - '' ,. ., :., r ....- • : .. .. , ~. ANY RE-SUBDINSJON OF .THIS: PLAT -SHALL ~COMPIY WITH ,THE'. APPLICABLE ZONING REGULATIONS JhF E~`ECT 'AI 7HE 'LIME OF THE RE-SUBD'VISON. - . 4. -''THE DEVELORER AND\OR' OWNER SHALL COA~PLY WITH THE iflAHfl CODE SECT60N .3t-3805 OR ITS FRDVISIONS THAT APPLY- TO 'IRRIGATION R}GHTS. 5. L;OT 1, ELOCK 4 i5 7p QE CON~YED~~1'0 THE CITY OF,M£RfDtAN FORA FIRi= STATION, ' `~.: . r' _ - .•, ::.. -.: , 6. LOT 2, BLOCK 4 1S TO BE CONVEYED _.TO. TNI_. CITY OF;MERtDtA~1 :F~3R. A,_.WEIt LOT. .. , . •. 7,. UNLESS OTHEf2WiSt=.SHOYVN, EACH.SIDE OF:: T-+E INTERIOR LOT LINES. HAS A''F1VE-(5) f00T •PERM~INENT fASEAdENT fOR••;' : •.. PUBLIC UTILITIES; IRRIGATION AND LOT J?Rxt1NAGE ., ~ _. • . . B. Ma1NTENANCE OF ANY IRRIGATION OR DRAINAGE PIPE- OR~,DITCH CROSSING A LOT JS T}IE. RE~o^"" 1TY. Of THE LOT-,". .OWNER UNI.ESS.SUCH RESPflNSIB1tJ-TY !S ASSIdMED BY AN, IRRIGATION/ORAINAGF ~"~ ... - ~- , :;°, 9:. BOTTOM OF BUILDING .FOOTINGS SHALL BE A M#NIMUM OF 12 tM^'- 'HIGH GROUND- '` .WATER ELEVA7#ON. / ( ~ y , 10. __i_OT 34, BLOCK a is So nC rt~ttvFYEp: 1Q TM~_ N~ ~`/~ \ ~ UGH CgNAL '~~ • ti THIS PLATYS SUBJECT' TO TH£"RfDENJ3AUGH CANA}: ((~~(/\ '3 `' . THE'EASEMENT JS 50 FEET i£FT AND 50 ''FEET } U ~ •EA5EM~#,tT IS ~~ _ NJ FAVOR-OE THE:NAMPA do MERIO#AN IRR1GATibI ~ ,`~ - - ` t2. ALL BUILDABLE -LOTS IN THIS SUBDIVISION ARE FOR,' ~ .Y.•STRi~;C'iURE - r - 0 ~ .: SHALL CONTAIN :AMINIMUM -OF~ 1,~4U¢ SQUARE FEr: `., ~ _ i5: RESTRICTIVE, t`OVt.NAfJTS ARE tN EFFECT _FAR T#1#5: 5U c~ J 14. `L•OT ~33; BLOCK"; 4. ANfl;1.07 "2 .BLOCi< 7 ARE~NON-:Bl1 ~ T~10USANb '. .`;;.'SPRINGS HQMEOWNER`5 ,ASSO~#ATtON;'OR :ITS ASSIGP 10N...ANfl ~ _: HOMFUUWNERS PEQESTRSAN::iRCCESS~ C©RR#DQRS. R.:E d ~Cf;!E1N7Y' ~ , - .` = `NIGHWAY"DtSTRIC7•:0~/ER .SAIA• LO•T5_ AN•O: T'tiE 1Q`fEE S,:_ 12, dc~ 13, ' : 'BLOCK 7;.AND LOTS.; 32 '8r-35, BLOGK 4),;FOR HEAtJ4 1,5. .L0T5 '! dt y, BLOCK 1; LOT l..pLOCK 2; -LOT-'~; -BLOCK-,, -ARE NQN--' BUILDABLE LOTS TD BE OWNED AND MAINTAINED Bl'. I. .1R !TS -ASSIGNS. ~PdC. Sr?.Aa EE IJS;=D nS LA!~C'SCAPt'.:LC'iS, .,,cu 70'THE AD1l, COUNTY HIGHWAY DISTRICT -FOR' HEAVY MAlN7fNANCE~C ^:, ' - "` -- .' - _ - ~ - 1.6. THE COt~1STRLICT10N OF FENCES WITHIN THE RIpENBAUfH C, _.,~cul~i:j+l`~'~NII,L.$E A4L01NeD •BY~LICENSE.;AGF~~1+tENT_ ±, INSTRUMENT N0: 98100924. ;r. _` _ .,. ' __ .. ,, - ~.17, FOR DESCRIPTION OF- RET<.INED, IRRIGATION AND MA1fJTENAlVCE •RJG#3T~Tf!` THE ~RIDENBAiIGFi CAN~{L,BY.THE .NAMPA & f M~RIDIAN_#RfttGATION ptSTRICT, 'SEE l#CENSE AGREE~tEJK1T"tJO. ~9B100924, REGORflS OF• /FDA COUNTY ,.' ~ r~ f ~~V~~ T'8. ~,~:-SUBDIVISION IS SUBJ~ T TO THE TERMS•,~OF A" ISEVELOPNENTyA'GREEMENT RECORDED ~AS,JNST13tlA~1ENT NO .. ~ .: ,_- pECORD$ :OF ADA COt1NTY, IDAHO: . _. _..- . . ,y..:- ., ~ 5. BL CK 4 '~a1p~ S a5 , . ~ 74. , _ ~oRr aRc G _ 4,~ • - • ~j ~. o,,,. t ~ 4 a _ "~ 41 : 4 • ~ ~ o~• se° e ~ LOCK _ ~ ~ d,. T~ ~'3~ ~~ ~. a zc a~ -,y`y R 2, ~ ~ << 3~ ~, C o ~~ r ~A ... ,. ~,. c ~. ~, ~. . 45 30' E ~' _ ..,, ~ `~ 3C" is ~~4 16' ~ T} ~ - .. ~~ ~.~~- E - S ~~s ~~~'~ .. ~ •FAR~ItEST .I~.L.C:~ - BRiG~S - ENGI]~E:ERIl~TC:, - IIiT 95 t5 tiri"E~ r .•.. ~~. -. C i .;:6-. ~j. - - -• -Deuelop`er - " ~ ?~onsulting ~:"Engineers . -~ ~~'rY - _B~ise,.. idnhp - ~ .go'r~~,-- ~dx~h~ ~,. ~6:,ia...tQ' w _ ~. - ,.. DETAIL-''A' : . ~ _ ~y~~ -~~. ~ '~~~~.. SH'E'ET 1 ~ OF - 2 ; - .. ~ .. _ _~ i9e7T0'~ `.115 ;'L~. 91~ 7i./11J~° , J• .. ~.: ~ ,, sent By: Meridian P&Z; To: City Clerk At: 8884218 888 6854; Jan-17-02 12:22PM; Page 1/1 (j~ECEIVED JAN 1 7 2002 N>Itncy J. atad Mtirvio R. Hsnsen CITY OF MERIDIAN 2460 E. Victory Road CITY CLERK OFFICE Meridian 1D 83642 208-887799 Januay 1 ~i, 200? 1~(8 • loXS~l Ms. Saari 1.. Stiltx Planrtjr-6 DirecWr/%uning Adininistrawr 2(TO F. Carlton, Suite 201 Meridian, IU 836.12 Rc: ~equeyt to Eiomine 1*ablic Recnrds I)Car Mc Stitcs I'ursuitnt to "Title 9, Chapter 3, ldalw (:uda, plcasc cunsidcr this IetteYr a rdyue,t to Lyceminc all public records in the possession in the City of Meridian Planning Department that relate to the 'I'Ix~uuand Springs Subdivision appmvod by the Meridian City Council in August 1998. Phis reyue~t includes copies of tha minutes of all Planning end honing Commission and City Council mcctinpp, the final Findings of Fact and Conclusion of Lew apptvv¢d by the City Council, all rrc:trrd.4 related to tfie height ~F buildin6~ within the subdivision, and all e-mail cc-mmunication~ n;late~i to thn height oFbuildi~ngs within the subdivisions. 1 am a~vailablc to examine these reward, at your office. Please contact me when the records arc available ii,r examination and cvpyin8. I'han~ you, :~~~ ~ , . Nant~r J~ #a n Marvin R. Hansen t0 39b~ 3~i.~0 SN3Q21bM ISWI 96BD-dEE-80Z 65=60 566T/5T/S0 JAN 1? '02 12 21 888 6854 PAGE.01 Message Sharon Smith Page 1 of 1 From: Shari Sties [stiless(~ci.meridian.id.usj Sent: Tuesday, January 22, 200212:44 PM To: days(c~ci.meridian.id.us; Sharon Smith Subject: RE: Request to Examine Public Records The reason I sent that request to Will was that he should deal with the public request. I did not tell Mrs. Hanson she needed to send a new request. I did leave her a message, which she has not responded to, telling her she could examine the files at the City Clerk's office, as your files are the official files of the City. She can also examine the files here, but we need to be sure someone is present the entire time she is reviewing them. As for a-mail, I can get copies of mine for her, but Bill Nichols has advised me that his a-mails to and from me are not public information. ----Original MessacJe----- From: Sonya Day [mailto:daysC~d.meridian.id.us] Sent,: Tuesday, January 22, 2002 $:26 AM To: stiless@ci.meridian.id.us Subject: FIN: Request to Examine Public Records -----Original Message----- From: Sharon Smith [mailto:smiths@a.meridian.id.us] Send Thursday, January 17, 2002 3:29 PM To: days@ci.meridian.id.us Subject: Request bo Examine Public Reoord5 We recd the letter from the Hansens via fax from your office. Speaking to Will about it, he is willing to assist them with viewing our records however need be, but they do specificalty request to view the n~ords of the Meridian Planning Department. Haw do you want to respond to this nquest? Invite them to view your file, then send them over here for minutes, etc? If they want copies out of city cleric files, they will need to address a request to this office. Of course we would charge for the copies as it appears they will be extensive. They would also be expected to set up an appointmerrt with either/bcrth office(s) so that we are adequately staffed to assist them. Please let me know what you think. SharcrwS wetly 1 /2/02