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Home My WebLink AboutThousand Springs No. 3 FPTRANSMITTAL 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: March 9 1999 TRANSMITTAL DATE: February 3 1999 HEARING DATE: March 16, 1999 FILE NUMBER: FP -99-003 REQUEST: FINAL PLAT THOUSAND SPRINGS SUBDIVISION NO. 3 BY: FARWEST LLC LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY RD WEST OF EAGLE ROAD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY LEGAL DEPARTMENT Mayor A Good Place to Live (208) 884-4264 ROBERT D. CORRM, CITY OF MERIDIAN PUBLIC WORKS Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 MERIDIAN, IDAHO 83642 GLENN BENTLEY Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON DEPARTMENT (208) 884-5533 KEITH BIRD 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: March 9 1999 TRANSMITTAL DATE: February 3 1999 HEARING DATE: March 16, 1999 FILE NUMBER: FP -99-003 REQUEST: FINAL PLAT THOUSAND SPRINGS SUBDIVISION NO. 3 BY: FARWEST LLC LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY RD WEST OF EAGLE ROAD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: R&EST FOR SUBDIVISION APPK*AL FINAL PLAT PL;rIV1,410iJ AND ZONING COMMISSION JAN 2 9 1999 CITY uta° .vlt'4'RttatAN PLAN'NTII G & ZO:STT N <x H" -��OO 3 TIME TABLE FOR SUBMISSION: A request for preliminary plat- approval -must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision, Thousand Springs Subdivision No. 3 2. General Location, SE '/4 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 Inca 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 FINAL PLAT CHECKLIST: Subdivision Features 1. Acres 24.90 2. Number of lots 64 Buildable & 9 Non -Buildable lots 3. Lots per acre 2.93 4. Density per acre 2.57 du/ac 981204\.subappl-final-mer (1) 5. Zoning Classifici(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 Yes (1) Micro -Path & Pocket Park Are there proposed recreational amenities to the City Micro -Path 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 School/Park 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 structure(s 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 981204\subappl-f nal -mer (2) h. Are there &iple 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. Street names must not conflict with City grid system. 981204\subappl-final-mer (3) • PLAT OF THOUSAND SPRINGS SUBDIVISION NO. 3 - a 3 i1 I 1 11 1 72 N E� soar 1 10 -� t 2 1 N 3 C E lKiP 13 . G1FD1 S1R b I 1 " = 300• s N t r 3 G i1 ! 4 1 M 1 7 10 4 1 ! 1 Ib b � Il , 1 1 r N 12 1 L w N 6 MIK •.002 N I 10 Is ►/C ! 1 Il , •, Ib , � I 14 E Tam Ct. 1 13 10 1 1! 11 1 I IOTOR' JAN 2 9 1999 EcETCr�, REST FOR SUBDIVISION APPROAL FINAL PLAT JAN 2 9 1999 CITY OF MERIDIAN PLANNING AND ZONING COMMISSION PLANNING & ZONING FILE TIME TABLE FOR SUBMISSION: =- C19 .W 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. 3 2. General Location, SE % 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 8370 Telephone 388-0189 FINAL PLAT CHECKLIST: Subdivision Features 1. Acres 24.90 2. Number of lots 64 Buildable & 9 Non -Buildable lots 3. Lots per acre 2.93 4. Density per acre 2.57 du/ac 981204\subappl-final-mer (1) 5. Zoning Classificalt(s) R-4 Zone 0 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for Yes (1) Micro -Path & Pocket Park 9. Are there proposed recreational amenities to the City Micro -Path Explain 10. Are there proposed dedications of common areas? No For future parks? Explai 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 School/Park 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 structure(s 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 981204\subappl-final-mer (2) h. Are there *tiple units No , Typele 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 STATEMENTS OF COMPLIANCE: Im Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 981204\subappl-final-mer (3) • 0 PLAT OF THOUSAND SPRINGS SUBDIVISION NO. 3 - 1 „ 1 �I1 1 J24 I JI J s E 94EEP JJ CfW a1R JJ 1 " = 300• �\ a,aa ,J a N 1 IX �y 1 21 J 1 J � 4 1 u � n a b 1 a I/ JI b 12 Ty E l yaIH OE H CM,YE awol I!19 13 I ♦fix fro. a 1 la : 1 " . wl J \ f 41 Ib 1 1 Ib 1( - 14 E TA0CT. ' ■E 1 \ 191 1 \ J o ,] JAN 2 9 1999 0 i 1500 Feee t4 Zl.Mly CIN Lm TS BOLIWA tY ' N R-4 I [�� ZOW BOLMMY(TY9 R 1 R4 SITE rllm!'M C-) c:::::::_ R1 I 13m ■ 14 13 12 11 1U 1 i E VICTORY ROAD BRIGGS ENGINEER NG, INC. THOUSAND SPRINGS SUBDIVISION NO. 3 REVISION B� c SE 1/4 SECTION 20, T3N, R1E, B.M. JAN 2 9 1999 MERIDIAN, ADA COUNTY, IDAHO � SHEET 1 OF 1 W8) 3449700 18M W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DAG. NO. BOISE, 0*0 83705 Bim 1" =500 OV29/99 1 981204 1981204APR - : , ------------ o©°sa, 300 0 3M em 900 rest n��,0 2 1 3\ 3 11 E• DpNs Oa• 10 32 1 24 a 31 rx 9 3 3 23 8 4 1 7 22 6 �oG 115 � 21 6 3 « 4 20 7 3 py 19 4 2 �5� 18 3 8 1 G 16 17 G 10 9 5 11 6 7 15 12 20 14 1 19 13 g 7 , 1 18 2 17 F 3 8 Ri° Off, 16 rqc 4 15 °R 5 9 14 13 12 1 10 1 E VICTORY ROAD BRIGGS ENGINEERING, INC. BRIGGS (208) 3449700 1800 W. OVERLAND ROAD DESIGN BOISE, IDAHO 83705 THOUSAND SPRINGS SUBDIVISION NO. 3 SE 1/4 SECTION 20, T3N, RIE, B.M. MERIDIAN, ADA COUNTY, IDAHO AFf SCALE I DATE 1DWG NC. BIB 1 1" = 300 01/29!99 I 981204 REVISION JAN 2 9 1999 SHEET 1CF1 1981MUM • 0 STATEMENTS OF COMPLIANCE THOUSAND SPRINGS SUBDIVISION NO. 3 1. All proposed streets will be public and constructed to Ada County Highway District Standards. All right-of-ways will be 50 feet with a 36 -foot improved section and offset 5 - foot sidewalks on both sides. The proposed streets will meet the improvement standards set forth in the Meridian Zoning Ordinance or as specifically approved by the City Council. 2. The proposed residential development is in compliance with the Meridian Comprehensive Plan. The plan designates the property as 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 associated with the Ridenbaugh Canal 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 3 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. 981204\statement-com O�pG� 3 11334 SF 11991 SF 33 11502 SF 10276 SF t t pR1VE 8934 SF �!M S 32 1 10080 SF L O T AREAS 8374 SF BLOCK 1 10 2 9294 SF 24 THOUSAND SPRINGS 9543 SF 31 9691 SF 11319 SF SUBDIVISION NO. 3 9047 SF 3 9600 SF E. SHEEP 23 3 CREEK STR. 8 9646 SF Y N. 8824 SF 4 w 9600 SF 1 22 10358 SF 7 BLOCK 13Wj 9076 SF 12632 SF 5 N BLO 9522 SF vi 2 61 15 10078 SF 9249 SF 125 SF 21 5 11836 SF 6 8684 SF 9178 SF 3 lav 4 10080 SF 00 9363 SF PO 3 7 Y 9645 SF*0 19 10820 SF 10474 SF 4 J 2S G\NS 18 10961 SF 8 10757 SF m 9228 SF 10541 SF 12745 SF 1 17 11877 SF 10611 SF 9 16 10968 SF 5 10 13318 SF 11534 SF 11 10191 SF spa 21 10250 SF 1 7 10730 SF 15 t2 14188 SF 12468 SF 4911931 SF Py 1 `� 6 20 14 F,�� F'L E. BARTH A 1 1214 SF 10335 SF .11? DRIVE 19 13 S• SSP BLOCK 14 �9� 22 11355 SF F T 10645 SF 7 �9 18 Sy 6 14647 SF t 2 15519 SF 10610 SF �R/� 11096 SF 17 3 8 10576 SF 10033 SF 12120 SF 16 4 m 9 S� 10686 SF 15 10362 SF 1 5 8 SF !o 9 Y 1 L- (j V) 10713 SF o 14 E. TAGISH CT. 14261 SF m 10617 SF 13 13950 SF 10 12 11 17097 SF 1 22 11253 SF 12003 SF t 49180 SF E. VICTORY ROAD JAN 2 9 1999 INSTRUMFINT No. *7.(),' rlUTTCLATM DEED ,% L.L L For Value Received LVA NIXON, Grantor do hereby convey, releame, remise and Aprever quit clairn unto DALE A. NI ZON, Gralitc-c, 2555 S. -Eagle Road Meridian, Idaho 113642 m - wit' tne joliowmK ue.stn i )c( prem... t Thu IIE 1/4 of the SE' 1/4 of Sec -0-011 20, T. 3,4. F Xl[ *.-:I AT tilt! t. r. At -I (hu F. c r i I x. L! 0-.-t2de, :It patp.! 41, Coistity, Id.1h,w, Lh,if 1,.1rL 'Aw 1: 1 dif.'Al rt. -on (-)i -jppi: r I., -ti.m I c-1 i i "'I i I] but I:ii L.i.-tj t,, csf,41 (!j t.t:ia j- i tiW,.:. widt- i Lht- rict.. %01. A ].it-! 1;:: 'll.. tf)g(.tllel- with their Dated Ev!t ;1 i xwl F,*IW1 K All IDA M I. I 1,Jl'::*I'1'I" 1, VA I 41' WARRANTY DEED FOR VALUE RECEIVED KENAI PARTNERS, L.L .C., an !daho limited liability 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:c 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 i�� day of February, 1998. KENAI PARTNERS, L.L.C. By �C�> R. CR G GROVES \L1 No • 1*_ :MWIP 8010If01 f�i�V BOISE IO AMERICAN LAND WARRANTY DEED - 1 '98 FEB�6 PF) 2 53 iici�:;u J �CUEST F STATE OF IDAHO, ) ss. County of Ada. ) 4% On this day of February, 1998, before me, the undersigned, a Notary 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. iN WiTNESS-WHEREOF, i have hereunio sei my hand dnu afiixeu mY uiiiai -" seal the day and year in this certificate first above written. WARRANTY DEED - 2 rym& I �. 6'? /J- �, ' / Notary Publj for,ldaho Residing atI aho , Commission expires: EXHIBIT A PARCEL IA 0 THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOU'T'HWEST QUARTER OF THE SOUTHEAST QUAR'T'ER OF SECTION 20; TOWNSHIP 3 NORTH, RANGE 1 EAST. BOISE MERTDTAN, ADA COUNTY, IDAHO. EXCEPT THAT PORTION OF 771E SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING SOUTH AND WEST OF THE RIDENBAUGH CANAL, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 20 AND 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE SOUTH 89036'28" EAST ALONG THE SECTION LINE 1341.46 FELT TO A 5/8" IRON PIN MARKING THE EAST 1/1G CORNER AND THE REAL POINT OF BEGINNING; THENCE NORTH 89036'28" WEST 476.36 FEET TO A POINT IN THE CENTER OF THE RIDENBAUGH CANAL, FROM WHICH A 5/8" IRON PIN BEARS SOUTH 89°36'28" EAST 90.33 FEET; THENCE_ ALONG THE CEN'I'ER OF THE RIDENBAUGH CANAL THE FOLLOWING COURSES AND DISTANCES: NORTH 56000'00" WEST 290.3G FEET NORTH 53020'3G" WEST 340.70 FEET; THENCE 175.70 FEET ALONG A CURVE TO TTIE RIGHT HAVING A CENTRAL ANGLE OF 13025'21", A RADIUS OF 750.00 FEET, AND A LONG CHORD WHICH BEARS NORTH 46038'06" WEST 175.30 FEET; THENCE NORTH 39055'30" WEST 340.41 FEET TO A POINT ON THE NORTH -SOUTH CENTER OF SECTION LINE FROM WHICH A 1/2" IRON PIN BEARS NORTH 00023'48" EAST 63.61 FEET; THENCE DEPARTING THE CENTER OF THE RIDENBAUGH CANAL NORTH 00023'48" EAST ALONG THE CENTER OF SECTION LINE 597.65 FEET TO C -S 1/16 CORNER; THENCE CONTINUING NORTH 00023'48" EAST 1338.95 FEET TO THE CENTER OF SECTION 20; THENCE NORTH 09054'40" EAST 1331.73 FEET TO THE C -E 1/16 CORNER; THENCE SOUTH 00011'18" WEST 2689.04 FEET TO THE POINT OF BEGINNING. EXCEPTING 'i:.EREFROM: A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, SAID PARCEL BEING MORE PAR'T'ICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE IRON PIN MARKING THE QUARTER CORNER COMMON TO SECTIONS 20 AND 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOUTH 89036' 17" EAST 866.20 FEET ALONG THE LINE COMMON TO SAID SECTIONS AND THE CENTERLINE OF EAST VICTORY ROAD; THENCE NORTH 1050'03" EAST 25.01 FEET TO AN IRON PIN ON THE NORTH RIGHT OF WAY OF SAID EAST VICTORY ROAD, SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 1050'03" EAST 350.00 FEET TO AN IRON PIN; THENCE SOUTH 75029'15" EAST 143.45 FEET TO AN RON PIN; THENCE SOUTH 1050'03" WEST 315.00 FEET TO AN IRON PIN ON SAID NORTH RIGHT OF WAY OF EAST VICTORY ROAD; THENCE NORTH 0903G'17" WEST 140.00 PEET TO THE REAL POINT OF BEGINNING. (CON'TINUED) Its It"PARCEI. OF LAUD LOCATED NORTH AND EAST OF THE RIDENBAUGII CANAL IN THE SOUTHEAST QUAR'T'ER OF THE SOU'I'HINES'T' QUAR'T'ER OF SEC'T'ION 20, TOONSHIP 3 NORTH, RANGE 1 EAST, BOISE MIERIDTAN, ADA COUN4'11'Y, IDAHO, MORE PARTICULARLY DESCR BE'D AS FOLLOWS: WHICH A 1/2" IRON IN COMMEUCING AT THE QUARTER CORNER COMMON TO SECTIONS 20 AND 29, 'T'OWNS1111) 3 NORTH, RANGE i EAST, BOISE MERIDIAN FROM WHICi1 THE E1/16 CORNER BEARS SOUTH 89036'28" EAST 1341.46 FEET; '('HEI4CE NORTH NORTH 00123'40" EAST 1338.94 FEET TO THE C—SL/1G CORNER AND TIIE REAL 1101NT OF BEGINNING; 'I'IIE:NCE AL.()Nt; THE: SOU'T'll SOUTH 00023'48" WEST 597.65 FEET' 'T'O A POIN'E' IN THE CENTER OF THE RIDENBAUGH CANAL, FROM WHICH A 1/2" IRON IN I3EARS NORTH 00°23'48" EAST 63.61 FEET; THENCE ALONG THE CENTER OF 'T'1tE RIDENBAUGH CANAL THE FOLLOWING COURSES AND DISTANCES: NORTH 39655'30" WEST' 2.99PEIT; NORTH 52022'24" WEST 2,121. 50 FE'E'1'; HORT11 33035'24" wL-.S'1' 23.3.60 FEIN'; THENCE 168.45 FEET ALONG A CURVE TO THE RIGII'1', HAVING A CEN'T'RAL AIIGLE OF Q052'08", A RADIUS OF 750.00 FEET', AND A LONG CHORD WHICH BEAR'; NORTH 27'09'24" WEST 160.10 FEE'T'; THENCE NORTH 20043'18" WISST 111.75 FEET 'rO A POINT ON THE NORTH BOUNDARY OF THE S0U'1'111.AS'1' QUARTER OF 'rilE SOU'TIII.1''T QUARTER OF SAID SECTION 20; '!'HENCE DEPART .NG THE CEN'T'ER OF uIE RIDENI3AUGII CANAL SOU'T'11 139°49' 1' " EAST 443.62 FELE' '1'0 THE POINT OF BEGINNING. PARCEL IC A PARCEL, OF LAND LOCATED SOUTH AND LAST OF THE' RIDENBAUGH CANAI. 114 THE SOUTH IIALF OF '1'111: HORT11LAST QUARTER OF '1'1115 SOU'1'IIWEST QUARTER OF SEC'T'ION 7.0, TOWNSHIP 3 NOR'T'll, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PAR'T'ICULARLY DESCRIBED AS FOLLOWS: C0MME111CITIG AT THE QUARTER CORNER COMI4ON TO SECTIONS 20 AND 29 TOWNSHIP 3 NORTH, RANGE 1 EAST, FROM 1•1:11ICIi THE EI/1f; CORNER HEARS SOUTH 0903G,20" EAST 1341.4G FEET; ' HE'NCE NORTH 0002 1'46" I AST 1..111' .94 FI -XI' TO THE C -S 1/16 CORNER AND THE iu.w. POINT' OF I31;GENNINs;; TII1 WCE' AL.()Nt; THE: SOU'T'll Istu1NUARY OF '111H. NORTHEAST QUARTER OF THE SOUTHWEST QUARTLIZ [>IUIZTH 09°-1'9' 1G" WEST 423. 113 FL•'I:'E' TO A FOUND 1/2" IRON PIN AS SHOWN ON RECORD. OF SURVEY NO. 1361., INSTRUMENT NO. 924393 i, (RECORD NORTH 09-49'39" WEST 422.40 FEET) ; THENCE GENE14ALLY ALONG THE EAST BANK OF 'Inn RIDENBAUGIT CANAL THE FOLLOWING COURSES AND DISTANCES: NORTH 12°06' 03' WEST 117.03 FEET; NORTH 18002'0311 EAST io5.0s3 FEET'; NORTH 3'1°02' 03" EAST 322.46 FEl•:1,; NORTH 340,13'03" EAST 0G . 20 FEET; NORTH 40022' 33" EAST 174.04 FLE'r TO A POINT UN 'T'l1E NORTH BOUNDARY OF THE SOUTH HALF OF '1'EIE NORTHEAST QU .R'1'ER OF THE. 'J0U'I'IIWES'1' QUARTER OF SAID SECTION 20; THENCE SOUTH 89°56' "27" EAST 54.9: FLET TO THE C-M-S1/C4 CORNER; THENCE SOUTH 0002.3'•18" WEST 669.47 FE' T TO THE POINT' OF BEGINNING. 1. GENERAL TAXES FOR THE YEAR 1998 AND SUBSEQUENT YEARS, WHICH ARE AN ACCRUING LIEN, NOT YET DUE AND PAYABLE. GENERAL TAXES WHICH MAY BE ASSESSED AND EXTENDED ON ANY SUBSEQUENT ROLL FOR THE TAX YEAR 1997 WITH RESPECT TO NEW IMPROVEMENTS AND THE FIRST OCCUPANCY THEREOF DURING 1997 WHICH MAY NOT. AF. TNCLUDED ON THE ocr_rn w,...r.......,... -••• �...� .•�.vvuru♦ ASSESSMENT KOLL A1V-D WHICH- ARE AN ACCRUING LIEN. 2. LIENS, LEVIES, AND ASSESSMENTS 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 AN INSTRUMENT RECORDED MARCH 9, 1962, AS INSTRUMENT NO. 523172, RECORDS OF ADA COUNTY, IDAHO. 4. TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN EASEMENT AND AGREEMENT BY AND BETWEEN KENAI PARTNERS, LLC, AND SALLY D. MARTIN, A WIDOW, RECORDED JULY 3, 1997, AS INSTRUMENT NO. 97053229; RE-RECORDED JULY 23, 1997, AS INSTRUMENT NO. 97058315, RECORDS OF ADA COUNTY, IDAHO. 5. RIGHT-OF-WAY FOR RIDENBAUGH CANAL AND THE RIGHTS OF ACCESS THERETO FOR MAINTENANCE. 6. RIGHTS-OF-WAY FOR EAGLE AND VICTORY ROADS. j, SUBJECT TO F A MORTGAGE TO SECURE AN ORIGXNAL INDEBTEDNESS OF $636 072.00, AND ANY OTHER AMOUNTS .AND/OR OBLIGATIONS SECURED THEREBY, RECORDED JULY 3 1997, AS INSTRUMENT NO. 97053228; RE-RECORDED JULY 23, 1997, AS INSTRUMENT NO'. 97058314, RECORDS OF ADA COUNTY, IDAHO. DATED JUNE 26, 1997. MORTGAGOR: KENAI PARTNERS, LLC, AN IDHAO LIMITED LIABILITY COMPANY MORTGAGEE: SALLY D. MARTIN,A WIDOW WHICH GRANTEE AGREES TO .ASSUME AND PAY B©ToNho _ FAX NO. 2083061 p n MA GEC -11-98 FR1 12'1 T P101"MER TITLE COMPANY OF ICDA COUNTY 021''vert State 5ietet / I3015c, 1d4jo B3702 (208) 336-67M Flit W. luflentan Sued / Raise, Idaho 13704 (208) 377.27% Soak the Atcacned XAhjb;,t "A" tar legs} dQ84ciptioc, Which b• t gist* reference is AMearporated tetejp, i` I' ALA Cor J. ,11FY ii;�7i ^ R`COR��Q�Ftq�'L$T(c to D(FIty l948UC 23 fit!4:42 981(1 1642 MONEIRAWLE IN TO RAVE ANO TO NOD List 40;q Wenttser, +tills thafgald s; WteLLse�res fOrMet. _ zd the Wil (i+ramtsr(a) deal (do) hereby aq.Ynent to and with [[la tya;d t)P�tve }�LLt (S). ud x} 1, �ilicks aflef thea tart(:' a fee s1111mple a acid pramisen; L(sal eai•. pretateey art free from all ert�vtnbras+ros, EXCEPT those to which this. ome)auac h eA2res¢y *%,e i7�jcd and tlLga: mtidt, avfFe ed or d"'i by the Crar4*3); arsd 3l"h; t to reservstit>ur. reattAc0-,, d:c !at es.emaSs, not of way and eE'",un f. {tf any) 4f rrcv[d, >.Td Lenerel tries bnd asseasLvestts. lncivdes �umne }tar vlt'eh are npt yu d:m and lean end �tYis • OAK vnerts. (if Snp) toe t -*.e ei etwescr. payaba, turd ►hat Oraotor(s) a;it %Wrant and dgraW LAp lure :ruor all IqN{d cla>tr.0 4tetad: October 22. 1998 st 47. fo r'► �3 c; ACE ADDS FQR Jj7=k9(PLS 40.7,4 �'•�r��-��k1t � �i�u�ll� ,.� r kY(IG K ?Ca rGtAwiL! %,t.1t74's WARRANTY DEP?DGINDIV I�f �= a�lt'LY C4LAytyxT'!is a>s ht;. tsQplXtlti ttstate C:t STATE OP '��--••--..-L., Cwatr of t'RA!47C)utF) Goes (Go) he769v SrR.AM. BARGAIN, SP UL and coNvE\' u-tn c, F.AAVEST L,L,.C,s an idat;o lissired liability cc''pafly F -I r, 15-WThEM, *has. currant address iF! 4 tet.-Na-ingdeerribtdreal y 550 yl. State Street. BDi,ggf Idaho 5.703 Hare pgreLc d2rty r(eF4rlbdd as alltona, it, mitt Ada ; •� Cvaup.,Blatt oItdaho, Soak the Atcacned XAhjb;,t "A" tar legs} dQ84ciptioc, Which b• t gist* reference is AMearporated tetejp, i` I' ALA Cor J. ,11FY ii;�7i ^ R`COR��Q�Ftq�'L$T(c to D(FIty l948UC 23 fit!4:42 981(1 1642 MONEIRAWLE IN TO RAVE ANO TO NOD List 40;q Wenttser, +tills thafgald s; WteLLse�res fOrMet. _ zd the Wil (i+ramtsr(a) deal (do) hereby aq.Ynent to and with [[la tya;d t)P�tve }�LLt (S). ud x} 1, �ilicks aflef thea tart(:' a fee s1111mple a acid pramisen; L(sal eai•. pretateey art free from all ert�vtnbras+ros, EXCEPT those to which this. ome)auac h eA2res¢y *%,e i7�jcd and tlLga: mtidt, avfFe ed or d"'i by the Crar4*3); arsd 3l"h; t to reservstit>ur. reattAc0-,, d:c !at es.emaSs, not of way and eE'",un f. {tf any) 4f rrcv[d, >.Td Lenerel tries bnd asseasLvestts. lncivdes �umne }tar vlt'eh are npt yu d:m and lean end �tYis • OAK vnerts. (if Snp) toe t -*.e ei etwescr. payaba, turd ►hat Oraotor(s) a;it %Wrant and dgraW LAp lure :ruor all IqN{d cla>tr.0 4tetad: October 22. 1998 st 47. fo r'► �3 RadtNal>t it: �y_�:laes_ �''- moi„` 17 L�t8S9 _ visa 11 It c STATE OP '��--••--..-L., Cwatr of r Qntetts darnel-� C. 411: — O 1998 a�� A i[uY Pablk, peraprral}g,}rArCa ' rn rise yemr of�. • ScfOfe me; r C wi _,; kro - a' (n:'tlYa�e , assd�ataebw be peraoliC+iN40orname(s) , i� — ^-- , . >r `^' � wbsCiiNcd W d+a v.ltpia RadtNal>t it: �y_�:laes_ �''- moi„` 17 L�t8S9 _ visa 11 It P.02 DEC- i-88 rill 12:12 AnTOMAD FAX NO. 0-03426i P. 0211-66 CXRIMIT A A PARCEL OF LRND REIN, ALL OF Tf AT AORT,ON AF THE 'iirRTHEAST'C.IRriTER J('Ull;'HFA.gT DL'ARTER OF SECTION to' TOPp'q!P 3 K09TH, RANGE 1 EF; T, BOISE MERIDIAN, ADA COUNTY, IDAHO, LYING SOUTNSRLY OF AND AIDJACENY i0 THE CENTEALfNE OF THE RIDENEAUGH_C4NA1,, SAID :,%l.IL viiiti0 hiunK i'A 1IUUI ARi•Y Ot;SCRISrtb AS FOLLOWS: COMMENCING AT THE BRASS CAp W,TRXING THE CDjkERCOLhtON TO SEGIIOZS 20, 21, IDAHO; HO; 2$ 20, TdWN51i1F* 3 kGRTH, RAND£ I EAST, BOISE MERIDIAN, ADS' CCt;NTY, THENCE NDAFN 0 DEGREES DO -04- WEST 1363.08 FEET TO AN AXLE Mj�lilN$ THE SOUTIEA$T CORNER OF SAID NORTHEAST QUARTER 813VIMCAST QUARTER 0-- SECTION 207 SAID POINT BEING THE REAL POINT OF BESINNYNG;, TH.N,E NORTM 69 DEGREE$ 50.39, WEST 1305.59 FEET; THENCE NORTH 0 DEGREES 11'5&• WT 1226.50 FEET rO THE CENTER!, OF THE RIDENBAUG;t CANAL; THEIICE ALONE SJ110 CENTERLINE THE FO! LCWINO COURSE$ ANO D15TAN( ;S: SOIfTH 85 DEGREES 56'68' EAST 560.84 FEET TO A FO;NT OF CURVE; THENCE ALONG A CUPVE TO TNF LEFT 116,45 FEET,, SAM CURVE HAYI60 A DELTA OF 33 DEGREES 21'36', A AAbIUS OR 200,00 FERE, TANGENTS OF 56,11 FEET AI)o A LONG CHORD OF 114.61 FEE'!' W CH EEAgS NORTH 77 OEGR6E3 23'13 EAST TO A POINT OF TANGPWT; THENCE uORTH 6o 4GREE,S 42'26" EAST 121.5D FEET TO A POINT OF :URVE; THENCE ALONO A CURVE TO THE RIGHT 222.31 FEET, SAID "WE FAVI'G A DELTA OF 50 bEGREES 57'PO%, A RADIUS OF 250.50 FEET' TA90ENYS OF 110,11 ANO A LONA CHAP,() OF 815.06 FEET TO A POINT OF TANGENT; FEET WHICH BEARS NORTH 8$ DEGAEES (•,'+�5' FAST THENCE &UU'[H 68 DEGREES 20'35" EAST 398,30 FEET TO THE LINE CO-%1tON TO SAID SECTIONS 20 AND 211 THENCE SOUTH 0 DEGREES 00'42• WEST 1784,00 FEET TO THE REAL POINT OF BEGINNING, ENO OP LEGAL UESCW TION t. - := Y UCC -11-98 FR1 12:13 POTMAC FAX NO, 208 -OMI P A'41N7!. Q ky r, (� r� �4YJ0 N1Yi1Ri' - 4 $Ot l,lbAR0 WAR -RA?ft ►T jZEPUT PM 4:53 �ORVALUE RECEIVED, MARTYGOt,QS 910 ;� � �� j � MiTF-, an unrrrarried person, GRANTOR, does hereby BARGAIN, SELL and CONVEY unto FARWEST L.L.C,, an Idaho limited lLablirty companY, / � GRANTEE, whose at►rr®nt addre. s is 4560, State Street, t, Boise, Idaho $3703, the kllOwing described premises In Ada County, State Of Idaho, More particularly described as follows, to wit. - See Exhibit "A' attached hereto. TO HAVE AND TO HOLD the said promise, "th their appurtenances. unto the sstd Granteer its heirs and assigns forev$r, An;f the said Grantor does heCeby, CO"rant tb and witti the said Grantee that it is be owner in fee simple of said premises: that they are free from all encernbrances EIxceiit currant Property taxes and a8sesSments, liens, easernents and restriettons of rt;cord, or that are visible upon the premises; and that Grantor will warrant and defend the same from all (awful claims whatsoever, IN WITNESS W141-REOF, the iGrent�or�has W Used his name to be hereunto skibscribed to this Warranty peed the �� Hy of c,epternber, 4998. X a M 4RY- 4 00 LAn - q1- mi WARRANYy DEW - 1 D'0 -11-V FR 112 :13 APOTONAC P.04 P. 09/06 u'TATVE OF IDAHO ) County of Ada On zhi$ 1-r� Public in and for laid of ptember,Personall$998, befa v ma, the undersigned, a Notary Identified to me to be tha person who -so name ats su. Grrod � �o thew within ictal un°�entd, and acknowledged to me that he executed the sa: -r. IN WITNES$ WHEREOF, t i•iave hereunto sei my hand and affixed seal the day and year In this certificate first above. written, My official M-& tIrAI.) Notary Publ:;&daOJI ,4�"+.110iding ataho $ COMMission expires. .a ••` ltd ti * �.��!}[]� WARRANTY GEED • 2 uEC-11 88 F RI 12;14 ! 0'1'(x` c FR.}? NO, 2030.29? T;1 P. 0S &V IL �`—•`fi-r+c�s pRFitz MA -SE ! c��c��a n{au�aM� JAitIM(�$ St.r 3t}IvlSrorr _ Jtrfy��. t9 it0—�' 8o secs �f Land IV!n,7 in the Sou ft"t % of S Meridian, Ada,: -u aty, Icfalio, mote art" doh 20' ''owt'shfp ;i Ncxih A ictitlatlY dexrri'PIdas W!lvws, ftar�e Z Fast, COMMONlog at the an t,9'36'4q* W 434 t.2$ at comer of 6ectlon 2U, T,3N,, a 00' 111'31" #-1344. t to tic southeast comer of the Sv ( thence 48 f9bt b fete �sqt carie( Of 1110 NE �1 f the D� Y� thence Na IY 8S° E 3 O Of hh tt�e aouw fine of the WE tf of Uis SE %tea tfs RE�QL N gF�IfYfillry{� of this cfesr�lfrtlan; DINT Theis ce N 04 °24,og., W 179.09 [out to a FoYit; Thence N 00#00,00.1Z274.27 feet (g a point( T1ten��e N Q4'd0'(}fJO'" � 50.00 }ge# tQ a polrik Thence ly t}o^softo" 1V ZZO toot to A point; Tftan�,p ht a�'°c)U'ijp� � 1 fz.00 feet M e point; YitorlGry 1}E''00'00` F IG.2$ teat b e pain%_ 7h rt N opo'0{i" E 1 MOO test to a potfat; 1'flent7e W*00'0(11" IN 37.08 feet b a poht; Thence 1404°00'0q• E 474.2T feat to a P*tvf►ftte'Puderllns of Fm Fti Ttle►iCe S ;gas. f= 1 dOnbough Cana;ts3.87 tart along 8&14 CAn1tdkra SDI p *4 a1 W(Vgtu(e; ThWm efoho salt! C N tefflne (cutis Of 209,00jgvt � �0�1 � 10110.45 fftL said Culve havii g Ch4fta 1i�Fe bears {V 7y°7 vs, E 4i4,f31 feat Asa 19ants bl Sf t p3 fe eR, sod a loop Then., k sp'4x' 18` of (WN& GY IR 'tY1-W tQetMOnWsold c$n(ertine b a Pohl�f clrivattire; T hVIC@ atone ssld Cohted;n@alai uuVQ 10 ra"s of250.09 lest a �tra1 &V1eoff 7"= t8�it 22R.33 ki,C Said curve hav a chord *I kh bears !u a n of 11'11 �h+ nce S E:9� UC.10,t 21ti.06 [got to a Point Of t 1fltrr Y1210k and a rung "%'By of S. (t 38R�,(} feet 0tong bpd cehtefl�ne to .egtp a poin, on'h9 '"s(Oriy rVht of TFient:e S CO"pQ�td' E 19f.3. t0 toe% 1110M) Safd wester; oath 11ne at the Ne 34 of•thz S,. Y rfQht c+f wa y to a Perot ono the F3;S,�Qdylt�e ! • �� FRI 12:14 *N IAC FM NU, ?U8*86j Wfeat ak;j ig Ing south ()P BE-1UNYMNO line of L4j a fjF= V4 cf U13 of this d4fCdPlion. Said PIRG Of 6nd,Onj&j-,nS 2g 32 ae W-1(11791 E. "Ilks. RLS. Na. 4090 P.06 P, 06/06 I It P RLN 1 t DEVELOPMENT SERV I CEs0 , P.02 2093642461•., .1'a�:' nil:: P.M. -VE ADA COUN1 a . Proposed Development Name .UblK Jlrt N I[GoI ilmlith Charter Ine.t File No -none _ Pate Reviewed 0410201 Preliminary StageX" ._Final Engineer/Developer ????t ?? 'fit 1 Goldsmith The Street name comments listed below are made by the memberl of the ADA COUNTY $TKEE!' NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Ada County Street Name Ordinance. 3NI IAN CREW In jWpMyed and may he used in tbj development,'iuW will be LUerved. -:K' In ggoMyed , is -'SH ARKEY" is si its to the existing "OHEUIP and t k--- The eThe above street name comments have been read and approved by the following -. mercy,",:`- :� •` repmsentativee of the ADA COUNTY STREET" NAME COMMiTY !L gf the signatur9S:.'�. �.: �; _: .• -must be secured,by the,repreiOntetive or his designee in order for the street names ta:�:�: i ::';_:}•: officially approved.: ' ADA COUNTY STRE£T NAM(= COMMITTEE CY REPRpW4TATi1fE8 OR DF.RIQi1 e Ada County EnginW John Prieatar Date ' .Ada Planning Association t Data ' ` '• Ctty of unknown Representative pate ,•,.'•: Fire District unknown Remosentative Date j NOTE: A ropy of thia ew*atlon sheet must be prowled to the Ada County Engineer at VW : tints at 917ting the "final Pbf- otherwise the plat will not b` s '� ix •.''- �i.:: i8ned fill PAGE ONE OF . ,,•,.:;_ y ,—_ Sub Index ._ Street Index-uft02VftSection NUMBIMING OF LOTS AND 13LOCKSS - 1'A1EIif W.0UMyWMM r' $ > J~\ FRAM eli:11FLOPh1EhiY SERVitr�B 20.Ki3u-i��.�. ADA COUNTY EVALUATION SHEET P. H 1-:+ #316 P. 02/06 C,:,. Proposed DevelopalQnt Name UNKN13WN File Date Revievved_netm91AI3 _Preliminary Stagb X�f . -- Engineer/Developer- Goldsmith Charter The Street name comments listed bel9w are made by the members of the ADA COUNTY.. STREET NAME COMMITTEE (undar direction of the Ada County Enginaar) regarding this. development in accordance with the Ada County Street Flame Ordinance. P8QF TWO OF 45LATE CREEK' : ad and will r eMW for this s dWj*l p=nt. -� � CREEK' n anor+o � for tttlii�g� "WILD IV" is a dgplieogn and cannot hp used, �.` OWILLM IARC • i■ a duDlinalion and cannot be IInd— r N 'similli•-ADAN . 'MIRACI FN iI enol eannotbe Used --- - !CHATTANOOGA" wa%trsagn. rr,RANITE CREEK" is ani byAds C&M HWbwa bistrict ardi will be r Served. The been rood and approved the follo a ,. , • sorest name conriner,ts have eo >� by 4�Y., ��•:��;�;: . .above representstnrea of tfir ADA, COUNTY STREET FLAME .COMMLTTEE. ALL of the s: must be secured by the rep untative or. his designee in ordor for the street dames. t4., ;' •Y�,;. officially appro4ed. ACOA COUNTY S7REEt NAML • CUMMM-EE, A(lemaY ApM on DESIGNEES .Ada County Er ineor John Priestw Date Ada Planning Associat an Ann Hurley City of Unknown {p7jyepresentat:ve � pate ,r � " F";re District unknown representative Date Lvt NOTIb, Acopy of this tulle of :IWdn9 ft "final sh®rt must be pwsented to the AdrEhynrer.at,a titin plat , Otif nWM plat •Wo no bs -- Subindex X Street itrLfr7LW1I010Wt1 _ $�� !:' .. ��•, NUMBERING OF LOTS ANO BLACKS a �tis�cou:mrswM - F,Ptoti 1nLvr.L0PMQNT QQR�JICEB*� ;4Q83G42_,zr5 P.04 is 0-1.3 2,103 #31X P 0&/Gs ADA COUNTY EVALUATION SHEET Proposed Development Nw"__JJXNQMML__ File N Date AvvWwed_Q4&2128 Preliminary stage_XX Final ar The West name comment& listed below are made by the members of tho ADA COUNTY-...'..% STREET NAME COMMITTEE sunder direction of the Ada County lErgineed regarding development in accordance with the Ada County Street Name ordinance. NKIRKMM* *a a adsm"icatiQ0,and Qpnnot be amgi, OPING FLA -TS, il agaroved'and may be uga ire this dayelQpment, MOILING SMNGS'* In g3ter I to&" am caom be ujqd, MQW DF4�ER' It OW and shalija reserved fuT IWB develop=nt- !PINE BUW is atkUMUed and may be uLW in this d6valopmeoL WOLLN"Sllduoleafta, and annot In'used, 11V818W mad the reserved RMULCANO' so it similar ja the existing The above -street name comments have been reed and approved by the fbifoWng agency. representatWes of the ADA COUNTY STREET NAME COMMITTEE. ALL of ft 2*atLff66--': must be secured by the representative or his., designee in order for the MW narnes'to bq' , * officlally approved. ADA COUNTY MW "fi COMWM, afficyFER"ENTAYNES OR DM11W*.----.:--c%-1:.-. 4- i -V- .Ado County 64neer John Priester Date • 'Ada -Planning Association Anp Hurlay OhLC�n, City ofunknown Date 'Fire District unknown' Representative' onto NOM A copy of We awdua0m, stmt must be presented to ft Ads County &WnW at th:ye; *nG Of ftft 010 '%d P19t*. 1&#WWbG the ph" wig rot be waned 11111 .... , .= .' ; Subindex Street Index _unknown __ $*cow fit purkpmtmG OF LOTS AND W1 f�V6 I � E1ki'ELOPIIEI+fT SERVICES-'0=L'"-"'•..•.'�A24@E P.05 '_9', 010 14904 #31S P.04/06 ADA COUNTY EVALUATION SHEET File No 127Z Proposed Development Name .. ; Date Review Preliminary Stage XX„ , _Final, - Engineer/Developer �r• . The Street name commerits listed below are made by the members of the ADA COUNTY • _ ` •. STREET NAME COMMITTEE Sunder direction of the Ads County Engineer) regarding 'development in accordance with the Ada County Street Nemo Ordi tence. "ZIM"S" is AMl�d.�.can ti.��:eri'su,d I be re�t�,. r M - k 'CREE w iL�� d .yaw bs un a I eyelonment� _ii4r�IFi-[ r[tGK p[B�Qy ,f�1L_^ far thLardevelooment— ••t• .. ... _wWM " is apgQyed and ..Will be ressrysd uar. Irl 'gal, bl It spa ad a+ ma d . %d for this fie sign n rV 6 A M .' ABY 6a rammed. 17UU'•. •. • .. B• in aaorpyAd and will be reserved. •7ha above street Aailrns-comments have been read and approved by the following agency.,.;:. .': representativ"..of the ADA C4•UNW STREET NAME COMMITTEE. ALL of the slgnat •,` '. •must be secured by •ths representative or his designee in order for the street flames ta' lee=` •.':`- ; ,� _•. officially eprovgd 11lA c4UN'nr STREET NAME cauiMrrrEE,cmc s�rrArnEs OR r� Date ''i •� Ada County Engineer• John Prlester w'••+ AOa Planning Association 'Ants, Hurley Date'' :.� . `. City of unknown. Representative Date Fire•Oistriot unknown Representative — Date NM.A copy of V* eviduation sheet haler be preserRed to the Ads CmAy BngMeer timo of signing -the ".tinaf plat", atherurise the pW will not be aipned illi '•' ' 5.: '_____•Sub Index -Street Index unkavm- — Section NUMSEPJNG OF LOTS AND ELMS Z TMOUW400[YXam FROM :77EVELOIY-ANT SGUROJSCES --3, �10 14:06 #3i5 p,06/06 f ADA! COUNTY EVALUATION SHEET Proposed Development N me 1) K_ OWN file No 7777? pate Reviewed— Preliminary Stage XXX _Final Engineer/Derveloper,??????� 7?71.S''Qlds it Charter - The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME CQMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Ada County Streat Name Ordinance. PAPE FIVE j2F SIX,. " " is a &pficnn6tused, .WI " isannroy ddbby Ada Qg"= Highway District and will be reserved °ELKHQEN is a dupficatinn glad cannot be used -QHEM CANYON' appEoved W Adq QounjX Highwav Distract pind will be reseryd, 'LAYW. is a dupfitntign and pannot be used 'SAT-SOO-PAH",.;ls�,p ave and gtv be user¢ in this dayelQ,y�er+t - " " is abproved 12ILd may be uAgd. mNINEVZMR" is approved and will he raggyo- The above street name comments have been reed and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the repreaentative or his designee In order for the wast names to be officially approved, ADA COUNTY STREET NAME COMMRTEIr Glf RE ENTATWM OR DMIGNEES Ada County Engineer John Priester Date Ada Planning Association Ann Hurley ` Date City of unknown Representative tate Firer Districtunknown Rapresentative Date NOTE: A dopy of this evalustlon sheat must be prwonted to the Ada County Engineer 4t the time of sigaIhg the 'ftal plat". odwv4se the plat wM not be ehW4 till — Sub Index _ Street hidex UNKNM Section NUMBERING OF LOTS AND BLOCKS TMAA9W*LP Y.FEpV! P. e7 -77 FROk! .i nEJE� OP➢1ETI r s6Rv I CEl3 2083692406 199 . Q 14: 17 0315 R . UsrilOo ADA COUNTY EVALUATION SHEEN' Proposed Development Name IINKNQWN File No, ?777 , . Date Raviewed x4=LS Preliminary Stage _XXX— !final Enginesr/Developsr.?j??77 I Goldsmith Cha=r The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMIT ME (under direction of the Ada County Engineer) regarding this development in accordance with the Ada County Street Name Ordinance. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMI TTEF. ALL of the signatures muet be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMIT7 Ada County Nineer John Prie4w Ada Planning Association Ann Hurley City of unknown I;eprasentative 111 tNTATIVES OR DESIGNEES fed-- — pate J Z �� Date Date Fire District unknown Rearesehtative _ _ Date NOTE: A copy of this evAotion sheat must be pnraWned t4 the Ada Caunty &Vkm r at tha *no of signing the "tine) plat", otherwise the plat wM not be s1rud 1111 Sub Index Street Index unkn2wn Section NUMBERING OF LOTS AND BLOCKS TmsueracoLWryim P F 7 " is a rdved s I be resa[Med for this-dgvelomom- "SACAJAWIA" is =roved and joayjao uaed. "SAVVTOOIB" idu2ildidiorLd 4.2317 if voij have a W=sed itubdimhOm nalne ;Q xhis ey&a j,Q,(a can be filed under a subdivisigo came. Th n� you The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMI TTEF. ALL of the signatures muet be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMIT7 Ada County Nineer John Prie4w Ada Planning Association Ann Hurley City of unknown I;eprasentative 111 tNTATIVES OR DESIGNEES fed-- — pate J Z �� Date Date Fire District unknown Rearesehtative _ _ Date NOTE: A copy of this evAotion sheat must be pnraWned t4 the Ada Caunty &Vkm r at tha *no of signing the "tine) plat", otherwise the plat wM not be s1rud 1111 Sub Index Street Index unkn2wn Section NUMBERING OF LOTS AND BLOCKS TmsueracoLWryim FF,JM I&YELOFtIENT CFERVICAr— 13 10 14:06 11313 P. 9X$,'05 AOA C3UNTY EVALUATION SHED Proposed Development Name U File Na »1? Date Reviewed, 04/ 2195 -- Preliminary Stag XXX __ Final Enginear/Daveloper 7?1??? Charter 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 Ada CQuM Street Name Ordinanoe. The above street name comments have been read end approved by the following agency representatives of the ADA COUNTY STREFT 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 CONIMITTIE,413ENCY SMiTATIVES OR DEMNEOS Ada County Frigineer John Priester Date Ada Plarming Association Ann Hurley Date %' `L City of unknown Representative Fire District unknown Representative Date bate NOTE: A Dopy 4*f 11his evatoadon shoat nwat be priesent6d to the Ada County Engineer at the time of signing the "final plat", otherwise the plat wlff not be signed tilt — Sub Index Street Index anknotlrn Section NUMBERING OF LOTS AND BLOCKS r"UMC0UNTY.flibl • q_QrQy2L@ndffl_8y he used, The above street name comments have been read end approved by the following agency representatives of the ADA COUNTY STREFT 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 CONIMITTIE,413ENCY SMiTATIVES OR DEMNEOS Ada County Frigineer John Priester Date Ada Plarming Association Ann Hurley Date %' `L City of unknown Representative Fire District unknown Representative Date bate NOTE: A Dopy 4*f 11his evatoadon shoat nwat be priesent6d to the Ada County Engineer at the time of signing the "final plat", otherwise the plat wlff not be signed tilt — Sub Index Street Index anknotlrn Section NUMBERING OF LOTS AND BLOCKS r"UMC0UNTY.flibl JUS 20 1999 CITY OF MERIDIAN Memo Datw. July 24,1199 T« WILLIAM G. BERG, JR.. CITY CLERK Cc: file / Shari Stiles Fmn GARY D. SMITH, PE RE THOUSAND SPRINGS NO.3 SUBDIVISION — FINAL PLAT WILL: Here are the final plat mylar sheets 1,2,3, for this subdivision. I have reviewed my project file and the plat sheets and find that the plat conforms to our review comments. In that regard, I have signed plat sheet no,3 in the designated spot. I asked a couple of questions of Becky Bowcutt, which she answered as follows: 1. Street lights: Becky is sending me an electrical layout from Idaho Power so that we can locate the 11 lights that are required. 2. Landscape Plan: My file review shows that Shari is to approve a detailed landscape plan for the subdivision. Becky says that Marty Goldsmith met with Shari several months ago and she thinks a plan was approved. I can't seem to make contact with Shari to verify this item. 3. Development Agreement: There were some issues with the DA at the March le Council meeting and I assume that these issues were resolved sine the DA is now recorded, according to the nate on plat sheet no -,l, Again, Shari could answer this question. I am attaching the Irrevocable Letter of Credit for this pmject that I found in my file, for you to keep, as it appears to be an original signature. (it is addressed to you at this address?) I dont have any information verifying the amounts shown on the May a letter that was sent to you outlining the work items. I did verify the length of wrought iron fencing but cant confirm the locations of the cedar fence or the temp. fence.. Shari would have this information. I guess that ends my review and comments. Gary 1 ri.. May 6, 1999 Will Berg City of Meridian 33 E. Idaho Meridian, Idaho 83642 THOUSAND SPRINGS NO. 3 A. Meridian City -- Letter of Credit 1. Street lights (11 ea @ $1,500 ea) 2. Fencing 775 If wrought iron @ $13.50 If ✓ 3466 If cedar @ $10.00 If 1400 Temporary fence @ $4.00 If 4. Landscaping S. Pressure Irrigation (services and mains) Sub -total +10% $16,500.00 $10..462.50 $34,660.00 $ 5,600.00 $55,000.00 $34,880.00 $157,102.50 $15,710.25 Total $172,812.75 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council 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 CERTIFICATE OF SERVICE LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-'-211 PLANNING AND ZONING DEPARTMENT (208)884-5533 I, the undersigned, do hereby certify that a true and correct copy of ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT was mailed to: FARWEST LLC 4550 W. STATE STREET BOISE, IDAHO 83703 ��v' Or � 1 DLJ properly enclosed in an envelope, with postage prepaid, on this 25th day of March, 1999. erk Copy: Shari Stiles, Planning and Zoning Gary Smith, Public Works RECORDED- REOUST OF . !#OARRO' Itl A -gip FEE.r. DE 1999AP22 PiMH2.38 �Vb 99039303 CITY OF MERIDIAN ORDINANCE NO. 6?—() AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERIC OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land lying in the SE 1/4 of the SE 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the southeast corner of Section 20, T.3N., R. I E., B.M., thence N 00o 00'18" W 779.44 feet along the east line of the SE 1/4 of the SE 1/4 to the REAL POINT OF BEGINNING of this description. Thence N 8947'41" W 808.57 feet to a point; MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUB. ANNEXATION AND ZONING ORDINANCE • Thence S 00o 11'31" W 400.91 feet to a point; Thence N 70009'32" W 193.14 feet to a point; Thence N 69°30'47" W 138.63 feet to a point; Thence S 84017' 13" W 119.5 7 feet to a point; Thence S 51°29'58" W 83.95 feet to a point; Thence S 75o38'58" W 34.74 feet to a point on the west line of the SE 1/4 of the SE 1/4; Thence N 00o 11'31" E 930.84 feet to the northwest corner of the SE 1/4 of the SE 1/4; Thence S 89o50'56" E 1336.61 feet to the northeast corner of the SE 1/4 of the SE 1/4; Thence S 00000'18" E 570.60 feet along the east line of the SE 1/4 of the SE 1/4 to the REAL POINT OF BEGINNING of this description. Said parcel of land contains 21.541 acres more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City MARTIN DEVELOPMENT, INC. / THOUSAND SPRINGS VILLAGE SUB. 2 ANNEXATION AND ZONING ORDINANCE u C� J of Meridian and the owner of the land described in Section 1 dated the 201-t- day of 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSXD BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2of4 day of T �� '1999. APPROVED BY THE MAYOR OF of. rl y , 1999. msg\Z:\Personal\MStGeorge\MyFiles\Meridian MARTIN DEVELOPMENT, INC. / THOUSAI ANNEXATION AND ZONING ORDINANCE OF MERIDIAN, IDAHO, this day NGS VILLAGE SUB. c' EXHIBIT "A" A parcel of land lying in the SE 1/4 of the SE 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the southeast corner of Section 20, T.3N., R. 1 E., B.M., thence N 00o 00'18" W 779.44 feet along the east line of the SE 1/4 of the SE 1/4 to the REAL POINT OF BEGINNING of this description. Thence N 89°47'41" W 808.57 feet to a point; Thence S 00o 11'31" W 400.91 feet to a point; Thence N 70009'32" W 193.14 feet to a point; Thence N 69030'47" W 138.63 feet to a point; Thence S 84017' 13" W 119.57 feet to a point; Thence S 51 29'58" W 83.95 feet to a point; Thence S 75°38'58" W 34.74 feet to a point on the west line of the SE 1/4 of the SE 1/4; Thence N 000 11'31" E 930.84 feet to the northwest corner of the SE 1/4 of the SE 1/4; Thence S 89o50'56" E 1336.61 feet to the northeast corner of the SE 1/4 of the SE 1/4; Thence S 00000'18" E 570.60 feet along the east line of the SE 1/4 of the SE 1/4 to the REAL POINT OF BEGINNING of this description. Said parcel of land contains 21.541 acres more or less. ---------- ----------------------------- ----------------------- ----------------------------- - ----------- 9- nOV3 lu > Ad's 3AV onox) :t� LJ J105, Central District Health Environmental Health 707 N. Armstrong Place Boise, ID 83704 City of Meridian City Hall 33 E. Idaho Meridian, ID 83642 City of Meridian Public Works 200 E. Carlton Ave. Meridian, ID 83642 To Whom It May Concern: August 3, 2000 City of Meridian Fire Administration 540 E. Franklin Rd. Meridian, ID 83642 PcETvEID AUG - 8 2000 CITY OF MERIDIAN Ada County Mosquito Abatement SW Ada County 2290 S. Liberty Boise, ID 83709 Re: Overflow Drainage Swell We are homeowners in the Thousand Springs Subdivision located off South Eagle Road in Meridian. We have a serious concern regarding the common area lot located next to our home. This common area lot (Phase 2, Lot 7, Block 10, we believe) is located near the intersection of E. Indian Creek Dr. and Three Bars. It contains a hole designed for overflow drainage of the storm sewer system, commonly called a 'swell'. We moved into our home on May 31, 2000. A few months before we moved in we were told this swell would be landscaped shortly. It has not been landscaped to this date. It is currently home to various weeds etc. The purpose of this letter, however, is not the aesthetic look of this lot. Our worry lies with the fact that this swell is not draining. As you know, the Treasure Valley has had little precipitation this summer. Regardless of this fact, this swell contains at least two feet of stagnant water. The water is filled with slime, algae, trash, debris, and is home to hundreds of thousands of mosquitoes and other insects. Because the water is not draining, it has now become not only a health hazard, but a dangerous safety issue as well. It could even be fatal. Our greatest fear is that one of the numerous small children or toddlers, who reside in our subdivision, could wander over to this swell (it is not gated off) and could fall down the steep sides of the hole and into the water located at the bottom. If this unthinkable situation were to occur, the child could/would drown. As concerned residents of Thousand Springs Subdivision, we have tried to contact the developer, Marty Goldsmith with Farwest LLC, numerous times via email. We were told, by Brad Minasian with John L. Scott Realty, that the email address he gave us was the only way to contact the developer and/or the temporary homeowners association. Our emails have gone either unread or ignored. We do not know whom to turn to at this point. We are hoping one of you can help us with this frightening matter by having the drainage system repaired. We have listed our phone number and address below. If you have any questions, please do not hesitate to call us. Thank you, in advance, for any assistance you can give. Don and Becky Leffler 2537 E. Indian Creek Drive Meridian, ID 83642 888-2571 (hm) 395-6788 (wk) Sincerely, Don and Becky Leffler cc: Marty Goldsmith, Farwest LLC, 4550 W. State, Boise, ID 83703 Brad Minasian, John L. Scott Realty, 1311 E. Franklin Rd. #102, Meridian, ID 83642 ** TX CONF I* ON REPORT ** AS OF AUG 09 01:34 PAGE. 01 CITY OF MERIDIAN Central District Health Environmental Health 707 N. Armstrong Place Boise, ID 83704 City of Meridian City Hall 33 E. Idaho Meridian, ID 83642 City of Meridian Public Works 200 E. Carlton Ave. Meridian, ID 83642 To Whom It May Concern: August 3, 2000 City of Meridian Fire Administration 540 E. Franklin Rd. Meridian, ID 83642 1W ESD AUG - 8 2000 CITY OF N EMIAN Ada County Mosquito Abatement SW Ada County 2290 S. Liberty Boise, ID 83709 Re: Overflow Drainage Swell We are homeowners in the Thousand Springs Subdivision located off South Eagle Road in Meridian. We have a serious concern regarding the common area lot located next to our home. This common area lot (Phase 2, Lot 7. Block 10, we believe) is located near the intersection of E. Indian Creek Dr. and Three Bars. It contains a hole designed for overflow drainage of the storm sewer system, commonly called a 'swell'. We moved into our home on May 31, 2000. A few months before we moved in we were told this swell would be landscaped shortly. It has not been landscaped to this date. It is currently home to various weeds etc. The purpose of this letter, however, is not the aesthetic look of this lot. Our worry lies with the fact that this swell is not draining. As you know, the Treasure Valley has had little precipitation this summer. Regardless of this fact, this swell contains at least two feet of stagnant water. The water is filled with slime, algae. trash, debris, and is home to hundreds of thousands of mosquitoes and other insects. Because the water is not draining, it has now become not only a health hazard, but a dangerous safety issue as well. It could even be fatal. Our greatest fear is that one of the numerous small children or toddlers, who reside in our subdivision, could wander over to this swell (it is not gated off) and could fall down the steep sides of the hole and into the water located at the bottom. If this unthinkable situation were to occur. the child could/would drown. As concerned residents of Thousand Springs Subdivision, we have tried to contact the developer, Marty Goldsmith with Farwest LLC, numerous times via email. We were told, by Brad Minasian with John L. Scott Realty, that the email address he gave us was the only way to contact the developer and/or the temporary homeowners association. DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01 08/09 11:30 PUBLIC WORKS OF --S 00'27" 002 092 OK 02 08/09 11:31 LEGAL DEPARTMENT EC --S 00'44" 002 092 OK 03 08/09 11:32 2088886854 EC --S 00'38" 002 092 OK 04 08/09 11:33 FIRE DEPT EC --S 00137" 002 092 OK Central District Health Environmental Health 707 N. Armstrong Place Boise, ID 83704 City of Meridian City Hall 33 E. Idaho Meridian, ID 83642 City of Meridian Public Works 200 E. Carlton Ave. Meridian, ID 83642 To Whom It May Concern: August 3, 2000 City of Meridian Fire Administration 540 E. Franklin Rd. Meridian, ID 83642 1W ESD AUG - 8 2000 CITY OF N EMIAN Ada County Mosquito Abatement SW Ada County 2290 S. Liberty Boise, ID 83709 Re: Overflow Drainage Swell We are homeowners in the Thousand Springs Subdivision located off South Eagle Road in Meridian. We have a serious concern regarding the common area lot located next to our home. This common area lot (Phase 2, Lot 7. Block 10, we believe) is located near the intersection of E. Indian Creek Dr. and Three Bars. It contains a hole designed for overflow drainage of the storm sewer system, commonly called a 'swell'. We moved into our home on May 31, 2000. A few months before we moved in we were told this swell would be landscaped shortly. It has not been landscaped to this date. It is currently home to various weeds etc. The purpose of this letter, however, is not the aesthetic look of this lot. Our worry lies with the fact that this swell is not draining. As you know, the Treasure Valley has had little precipitation this summer. Regardless of this fact, this swell contains at least two feet of stagnant water. The water is filled with slime, algae. trash, debris, and is home to hundreds of thousands of mosquitoes and other insects. Because the water is not draining, it has now become not only a health hazard, but a dangerous safety issue as well. It could even be fatal. Our greatest fear is that one of the numerous small children or toddlers, who reside in our subdivision, could wander over to this swell (it is not gated off) and could fall down the steep sides of the hole and into the water located at the bottom. If this unthinkable situation were to occur. the child could/would drown. As concerned residents of Thousand Springs Subdivision, we have tried to contact the developer, Marty Goldsmith with Farwest LLC, numerous times via email. We were told, by Brad Minasian with John L. Scott Realty, that the email address he gave us was the only way to contact the developer and/or the temporary homeowners association. Central District Health Environmental Health 707 N. Armstrong Place Boise, ID 83704 City of Meridian City Hall 33 E. Idaho Meridian, ID 83642 City of Meridian Public Works 200 E. Carlton Ave. Meridian, ID 83642 To Whom It May Concern: • August 3, 2000 City of Meridian Fire Administration 540 E. Franklin Rd. Meridian, ID 83642 FXCIEIVE]D AUG - 8 2000 CITY OF MERIDIAN Ada County Mosquito Abatement SW Ada County 2290 S. Liberty Boise, ID 83709 Re: Overflow Drainage Swell We are homeowners in the. Thousand Springs Subdivision located off South Eagle Road in Meridian. We have a serious concern regarding the common area lot located next to our home. This common area lot (Phase 2, Lot 7, Block 10, we believe) is located near the intersection of E. Indian Creek Dr. and Three Bars. It contains a hole designed for overflow drainage of the storm sewer system, commonly called a 'swell'. We moved into our home on May 31, 2000. A few months before we moved in we were told this swell would be landscaped shortly. It has not been landscaped to this date. It is currently home to various weeds etc. The purpose of this letter, however, is not the aesthetic look of this lot. Our worry lies with the fact that this swell is not draining. As you know, the Treasure Valley has had little precipitation this summer. Regardless of this fact, this swell contains at least two feet of stagnant water. The water is filled with slime, algae, trash, debris, and is home to hundreds of thousands of mosquitoes and other insects. Because the water is not draining, it has now become not only a health hazard, but a dangerous safety issue as well. It could even be fatal. Our greatest fear is that one of the numerous small children or toddlers, who reside in our subdivision, could wander over to this swell (it is not gated off) and could fall down the steep sides of the hole and into the water located at the bottom. If this unthinkable situation were to occur, the child could/would drown. As concerned residents of Thousand Springs Subdivision, we have tried to contact the developer, Marty Goldsmith with Farwest LLC, numerous times via email. We were told, by Brad Minasian with John L. Scott Realty, that the email address he gave us was the only way to contact the developer and/or the temporary homeowners association. Our emails have gone either unread or ignored. We do not know whom to turn to at this point. We are hoping one of you can help us with this frightening matter by having the drainage system repaired. We have listed our phone number and address below. If you have any questions, please do not hesitate to call us. Thank you, in advance, for any assistance you can give. Don and Becky Leffler 2537 E. Indian Creek Drive Meridian, ID 83642 888-2571 (hm) 395-6788 (wk) Sincerely, Don and Becky Leffler cc: Marty Goldsmith, Farwest LLC, 4550 W. State, Boise, ID 83703 Brad Minasian, John L. Scott Realty, 1311 E. Franklin Rd. #102, Meridian, ID 83642 4., Memo • To: Will Berg, Jr. - City Clerk From: Gary D. Smith, PE CC: file / Shari Sties Date: 08/11 /00 Re: 1000 Springs Subdivision No.2 — Stonn Drainage Pond PcElvED AUG 14 2000 CITY OF MERIDIAN Will: Shari and I visited this pond site two days ago, after receiving the letter from Mr. and Mrs. Leffler. I then contacted Justin Martin, who works with Marty Goldsmith, by telephone to ask about the letter we received and about corrective action. Justin informed me that they have and or are taking the following actions to resolve the problem: 1. They have been in contact with the Ada County Mosquito Abatement District and the pond area is being sprayed every other day. They have determined that the mosquitoes are "pasture" type, which apparently relates to the amount of grass sod that is being installed in the subdivision. On a weekly basis, they are testing the water at the bottom of the pond for mosquito larvae. To date these tests are negative. 2. Their general contractor, Lune' Construction, will be at the pond site today or tomorrow to pump the water out and do some exploratory digging to see why the water is there and not draining away. 3. 1 told Justin that it might be a groundwater problem. Justin said they had a monitoring pipe in this area before development to determine depth to groundwater and they do not think it is groundwater. He thought maybe there was surface irrigation water runoff coming into the pond, although when Shari and I looked at the pond the banks did not show any evidence of having been watered. Gary D. smith, PE Meridian City Engineer Meridian Public Works Department 200 E Carlton St, Suite 100 Meridian, Idaho 83642-2600 0 Page 1 Fromthe deskof... (208) 887-2211 Fax (208) 887-1297 4. 1 also talked to Marty Goldsmith and he said they would follow through to do whatever was necessary to resolve the problem. It may require a redesign of this storm drainage retention basin along with some piping revisions. I assume that you should pass this information along to Mr. and Mrs. Leffler. I will keep you informed as this situation proceeds. I feel confident that Marty Goldsmith and Justin Martin will follow through and get it resolved. Regards, Gary' r 0 Page 2 December 8, 1999 Marty Goldsmith Farwest Developers 4550 W. State Street Boise, ID 83703 19F"IvED DEC 16 1999 CITY OF MERIDIAN 11111111 Form 11�!11 PAP 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Re: Thousand Springs Village / Thousand Springs Subdivision No. 4 Dear Marty: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The pressure irrigation systems for the above-mentioned projects have been pressure tested and are acceptable to the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGAITON DISTRICT BH:din Cc: File Each Director SecretaryTreasurer Water Superintendent Justin Martin AMf` t. d so, of veil City r ,� 61999 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CITY of MERIDIAN 33 E Idaho Avenue Meridian, Idaho 83642 PAY: Martin Development CHECK REQUEST REQUESTED BY: 6236 E Hunt Avenue CHECK NEEDED BY: Nampa, Idaho 83687 PLEASE CHECK ONE: ❑ Mail Check ❑ Return check to dent DESCRIPTION ACCOUNT# AMOUNT - refund Street Light Deposit for Thousand Springs 01-0000-22110 1,500.00 CHECK TOTAL 1,500.00 OK to Refund / 2/Lyloo 0 • aho y . Meridian, 33rIdaho 83642 888-4433 GS -202-3 PRIRTFR WIIN V /wvw �vui PRINTED IN U.S.A.$QVINK.- r4 November 22, 1999 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 #3 Street Lights have been installed by the developer in Thousand Springs Subdivision #3. These are 100 and 250 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The fourteen (14) street lights are located at HUB OF TREASURE VALLEY E. Victory Road & S. Brandy's Jewel Way Mayor S. Brandy's Jewel Way LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 288-2499 • Fax 288-2501 Lot 16 Block 14 CITY OF MERIDIAN Lot 20 Block 14 City Council Members Lot 4 Block 11 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT S. Givens Way & E. Dworshak Drive Lot 33 Block 1 (208) 887-2211 • Fax 887-1297 GLENN BENTLEY MERIDIAN, IDAHO 83642 Lot 3 Block 18 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Lot 1 Block 17 City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD (208) 884-5533 • Faz 887-1297 November 22, 1999 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 #3 Street Lights have been installed by the developer in Thousand Springs Subdivision #3. These are 100 and 250 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The fourteen (14) street lights are located at 250 w Lot 1 Block 14 E. Victory Road & S. Brandy's Jewel Way Lot 1 Block 14 S. Brandy's Jewel Way Lot 1 Block 14 S. Slate Creek Way Lot 10 Block 14 S. Tagish Place Lot 16 Block 14 S. Tagish Way & S. Slate Creek Way Lot 20 Block 14 S. Tagish Way & S. Givens Way Lot 4 Block 11 S. Givens Way Lot 21 Block 13 S. Givens Way Lot 1 Block 13 S. Givens Way & E. Dworshak Drive Lot 33 Block 1 S. Slate Creek Drive & E. Dworshak Drive Lot 3 Block 13 S. Slate Creek Drive & E. Sheep Creek Street Lot 3 Block 18 S. Slate Creek Drive Lot 8 Block 13 S. Slate Creek Drive & S. Brandy's Jewel Way Lot 1 Block 17 S. Brandy's Jewel Way & S. Zims Avenue See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincer y xz�) William G. Berg, Jr. City Clerk a \ .■4 =g; 0;0802 §!_ 0. 02; 2 § na2§#2R««2@m�2■l��K�|22F;r)!\§�§«@§�§00 ~ e eae see ee ease 27ee °e OTT a�! 0.'. .'o , 0/��u u��lA�l�,��/��/�k��k��4��k�22 . . . &�.k,.�§,.ice. 7\\�k\/\\T&�&}}}}/}}7$7}/ � ■ | � { <� d. � WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: NUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (20$) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION COUN .11 ASG nFgq WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH Date: FFCF:1VED N O V 3 3 1999 City of Meridian Mt-; Clerk Office, I have inspected and approv9d the electrical wiring and associated components for _� street lights in O©D # 3 Idaho Power Co. can now proceed with the activation. Harold Hudson, Electrical Inspector C:\OFFICE\ W PW IMGENERAI.\ELF.CINSP. MMO 1' C V W 000 � 0000 00 N 00 O'It O 0 M100 OM)MI P 0 M1N _.. Y nol'11p0 b V pNMl Mtn p M+N�1% .pBN _ V nSnn MfNMt L J p h NA h 0;1 OONSH In ? n V MI Mn1 M�1 /1 MI I� M„1 M1 M„1 Vn/ N Z W m J N 20 ... yM11 p ✓. U YV YV YV n ITT u YUV u YY JYS o nYY nY o nYn Yn nYX YY$ YY Y Y Yd Y o u u u Xxouu u unonnn o o un nOnAoAn ? IN -1 n I y1 I yy^�1 I y^1 II,,11 S m 01/1 VV{ oa d Oa 00 ' OO u u0 aii o a YOyI OaIG Oa� o a Y 1.7 F ea e a I l l l l l l l t l l l l l l l l l l l l l ............... a l -N i i N.. I 1 1 hynl ....... 11 0 � N.(NIn r ` Z1 21 S1 SN ZN Wy11 y-1 W1yIy-1yyN�1yy--�1-Iyy-yyn y yn11 y11 mm1 N mm u?OON 000 u100u1 (Oj V V U V V V �(lN NN OFF FFF�� V (iN� 1' C :r r ` a ELECTRICAL PERMIT Issued: / / Permit No: 16086 OWNER/APPLICANT------------------------PROPERTY LOCATION ------------------------ 1 3 THOUSAND SPRINGS I MERIDIAN, ID 83000 1 Lot: Block: Long Legal: 08/000-0000 1 Sub: T: S: 1 Parc No: I CONTRACTOR----------------------------- DESIGNER --------------------------------- ALLOWAY ELECTRIC 1 1420 GROVE ST. 1 POISE, ID 83702 I , 208/344-2507 1 000/000-0000 I PROJECTINFO -------------------------------------------------------------------- Prj Value: $19,412.00 1 Temp Service: Prj Type: STREETLIGHTS I Residential Service: Occ Type: COMMERCIAL I Number of Rooms: Occ Grp: Occ Load: I Electrical Heat: Cnstr Type: I Number of Circuits: Land Use: IOther:STREET LIGHTS PROJECT NOTES --------- 1 250 W HPS @ 1/14 2 100 W HPS @ 1/14 1 100 W HPS @ 10/14, 3/18, 33/18 16/14, 20/14, 4/11, 1/13, 3/13, 8/13, 21/13, 1/17 PROJECT FEES ASSESSMENT --------------------- TOTAL ELECTRICAL FEE: $277.00 ----------------------------- Amount Paid: $0.00 Balance Due: $277.00 j?FCE1VE]) N 0 V -5 1999 CITY OF MERIDIAN CF, CENTRAL DISTRICT 'HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 - FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 99-420 May 27, 1999 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Thousand Springs #3 Dear Mr. Navarro: RT -V :1 �� .. JUN - 2 1999 CITY OF NIERID AN 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 May 26, 1999. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, �i Michael H. Reno, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Environmental Health Director Martin 0. Jones, Environmental Health Supervisor HUD f/ City of Meridian Briggs Engineering Farwest Developers, L.L.C. Serving Valley, Elmore, Boise, and Ada Counties Ada / Boise County Office Ada -WIC Satellite Office Elmore County Office Valley County Office 707 N. Armsrong PI, 1606 Roberts 520 E. 8th Street N. 703 N. 1 st Street Boise, ID 83704 Boise, ID 83705 Mountain Home, ID 83647 P.O. Box 1448 Enviro. Health: 327-7499 Ph. 334-3355 Enviro. Health: 587-9225 McCall, ID. 83638 Family Planning: 327-7400 FAX: 334-33552P Family Health: 587-4407 Ph. 634-7194 Immunizations: 327-7450 WIC: 587-4409 FAX: 634-2174 Senior Nutrition: 327-7460® FAX: 587-3521 WIC: 327-7488 FAX: 327-8500 9 • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF FARWEST, LLC FOR APPROVAL OF FINAL PLAT FOR THOUSAND SPRINGS SUBDIVISION NO. 3, MERIDIAN, IDAHO FP -99-003 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 16th day of March, 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 Bruce Frecicleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, which listed 6 General Comments and 13 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and Becky Bowcutt, Land Use Planner of Briggs Engineering, Inc., appeared on behalf of the applicant, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: The Final Plat of "THOUSAND SPRINGS SUBDIVISION NO. 3", as evidenced in Plat bearing the job reference #981204\THSP 3PLT. BKB ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THOUSAND SPRINGS SUBDIVISION NO. 3 - 1 0 U 01/29/99, SHEET 1 OF 3, and stamped JAN 29 1999, BRIGGS ENGINEERING, INC., Consulting Engineers, 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 Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, dated March 16, 1999, listing 6 General Comments and 13 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, I(enny Bowers, requires "No Parking" of vehicles or trailers in the cul-de-sac; that road and street name signs need to be installed before building is started; and that all common areas will need to be kept clear of trash and weeds. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THOUSAND SPRINGS SUBDIVISION NO. 3 - 2 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 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 Works Department, January 1997. 1.3 The Nampa &. Meridian Irrigation District does require a license agreement for all crossings, and the Master License Agreement can be completed for this bridge. Once the District has a signed copy of the agreement construction can commence. Nampa & Meridian Irrigation District also noted that their District's Ridenbaugh Canal courses along the west boundary of the project. The right-of-way of the Ridenbaugh Canal is 100 feet; SO feet from the center each way. Idaho Code 42-1208 -- RIGHTS -OF- WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THOUSAND SPRINGS SUBDIVISION NO. 3 - 3 0 • Anderson or Bill Henson for approval before any encroachment or change of right-of-way occurs. Nampa SL Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site the District must review the drainage plans. The developer must comply with Idaho Code 31- 3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THOUSAND SPRINGS SUBDIVISION NO. 3 - 4 0 • By action of the City Council at its regular meeting held on the 16th day of March, 1999. By:--70ERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. %1144r13t` till,. 1 B Dated: rty Cleric msg\ZAWork\M\Me6dian 15360M\Thousand Spgs No.3\CondAppFinP1t.frm ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR THOUSAND SPRINGS SUBDIVISION NO. 3 - 5 OF o SEE cot jwl '•`�t""filli w%00% CERTIFICATE OF SERVICE LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 I, the undersigned, do hereby certify that a true and correct copy of ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT was mailed to: FARWEST LLC 4550 W. STATE STREET BOISE, IDAHO 83703 properly enclosed in an envelope, with postage prepaid, on this 25th day of March, 1999. Copy: Shari Stiles, Planning and Zoning Gary Smith, Public Works 0 0 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live CITY OF MERIDIAN Council Members CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD CERTIFICATE OF SERVICE LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 I, the undersigned, do hereby certify that a true and correct copy of ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT was mailed to: FARWEST LLC 4550 W. STATE STREET BOISE, IDAHO 83703 properly enclosed in an envelope, with postage prepaid, on this 25th day of March, 1999. Copy: Shari Stiles, Planning and Zoning Gary Smith, Public Works 0 L� HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83632 RON ANDERSON Phone (208) 888-4433 - Fax (208) 887-4813 KEITH BIRD MEMORANDUM: To: Mayor and City Council From: Bruce Freckleton, Assistant to City En ineer Shari Stiles, P&Z Administrator Re: Thousand Springs Subdivision No. 3 by Farwest L.L.C. (Request for Final Plat approval) eG 3//40/99 LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 March 16, 1999 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. 6. Please address, in written form all items contained in this memorandum and submit to the City Clerk's office by 12:00 P.M. of the day of the scheduled meeting of the City Council. Prior to development plan approval, three copies of the revised plat must be Thos d Springs No3.FP.doc Mayor, Council and P&Z March 16, 1999 Page 2 reviewed by the Public Works Department for compliance with all conditions of plat approval. SITE SPECIFIC COMMENTS This final plat generally conforms to the approved preliminary plat. 2. Six -foot -high, permanent perimeter fencing is required to be in place prior to obtaining building permits unless specifically waived in writing by the City P&Z Administrator. A letter of credit or cash will be required for this fence prior to signature on the final plat. Submit detailed landscaping plans, 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. 4. 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. 5. Sanitary sewer service to this site will be via extensions of the mains located in Thousand Springs Subdivision No. 2. 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. 6. Water service to this site will be via an extension of the mains located in Thousand Springs Subdivision No. 2. 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. 7. 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. 8. Graphically show fifteen -foot -wide easements for Public Utilities, Drainage and Irrigation along the subdivision boundary line of Lots 31-33, Block 1, and Lots 1-4 and 7, Block 18. Additional width is necessary due to the location of facilities. 9. Place dimension along each lot line in block 14 that will tie down the Ridenbaugh Canal Easement. 10. Two -hundred -fifty and one -hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be Thouwd Sprmgs No3.FF.doe 0 0 Mayor, Council and P&Z March 16, 1999 Page 3 installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 11. Developer shall dedicate easements for off-site sewer and water prior to development plan approval. 12. Add the Comer Perpetuation Filing Record Number to the two 1/16,' comers referenced on the plat. 13. Fill in the Instrument Number for the Development Agreement as noted in plat note #15. Thousand Sornst No3.FP.doe BRIGGS ENGINEERING, Inc. ENGNEERS / PLANNERS / SURVEYORS March 16. 1999 Mr. Will Berg, Bruce Freckleton and Shari Stiles Citv of Meridian 200 E. Carlton Avenue, Suite 100 Meridian, Idaho 83642 Re: l'housand Springs No. 3 Subdivision (Responses to Staff s Comments on the Final Plat) General Information 1800 West Overland Road Boise, Idaho 83705 — 3142 Voice (208) 3449700 Fax (208) 345-2950 E-maii BEldaho@msn.com R.EcE�L MAR 16 1999 C1770F yjZRID PLAINNI L1FG & ZOl�� I . Any irrigation ditch or drainage ditch which traverses the property, will be piped, except the Ridenbaugh Canal. 2. Applicant will comply. 3. The property lies outside any delineated FEMA floodplain. 4. Applicant will comply. 5. Applicant will comply. 6. Applicant will try to comply. Site Specific Comments 1. Agreed. 2. Applicant will comply. 3. Applicant will submit landscape plan and Letter of Credit for improvements. 4, Applicant will comply. 5. Applicant will comply. 6. Applicant will comply with staff's comments. 7. Applicant will comply. 8. Plat will be revised accordingly. 9. Plat will be revised accordingly. 10. Applicant will comply. 11. Applicant will comply. 12. Plat will be revised accordingly. 13. Development Agreement is held up at City Attorney. Sincerely. BRIG S ENGINFF,RING41ne.,, Becky L. Bow tt Land Use Planner BI.B:fc 9312041citynicr-lrr2 TOTAL P.02 MAR 16 '99 12:55 PAGE.02 s • WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH JULIE KLEIN FISCHER MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 WM. F. GIGRAY, III TEL (208) 288-2499 NAMPA, IDAHO 83653.0247 D. SAMUEL JOHNSON FAX (208) 288.2501 TEL (208) 466.9272 WILLIAM A. MORROW FAX (208) 466.4405 CHRISTOPHER S. NYE Email Via Internet @ wfg@wppmg.com PHILIP A. PETERSON PLEASE REPLY TO STEPHEN L. PRUSS MERIDIAN OFFICE ERIC S. ROSSMAN TODD A. ROSSMAN March 19, 1999 R. STEPHEN RUTHERFORD TERRENCE R. WHITE William G. Berg, Jr. FFcElvED City Clerk MAR 2 2 1999 33 East Idaho Street CITY OF IMEERIDIAN Meridian, Idaho 83642 Re: THOUSAND SPRINGS SUBDIVISION NO. 3 REQUEST - Dear Will: Regarding the above referenced matter, please find enclosed a copy of the ORDER OF CONDITIONS APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER, upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works. If you have any questions, please give me a call. Very truly yours, Wm. F. GigrayI 7 msg/Z:\Work\N1\Meridian 15360M\Thousand Spgs No.3\C1erkLtrMarl9 Meridian City Council March 16, 1999 Page 17 Gigray: Mr. Mayor and members of the Council, in this particular instance you could move to either find error and therefore grant the appeal and direct that a new letter be sent to the Ada County, or you could move to deny the appeal of no finding of error and then so notify the county and we prepare the order, either way. Corrie: Hearing no further discussion, I'll entertain a motion on your decision. Bentley: Mr. Mayor I move that the Council of Meridian deny the appeal of the Planning and Zoning's recommendation to Ada County and instruct the city attorney to prepare such a letter. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to deny the appeal based upon no error made by the Planning and Zoning Commission. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: I have here that such input from the City shall not be binding or controlling on the County, but shall be treated as a documentary evidence, so again how they treat that is up to them. But it's against our Comprehensive Plan as far as the area of impact was given to us by the County Commissioners at that time. Unidentified: I guess the problem we have though is that Meridian City in their letter threatened to lock the subdivision (inaudible) through the County, and if it goes through the County, are we going to be sitting here in six months doing this all over again? Corrie: I can't answer that. I don't know the answer. Gigray: The City if it's in the impact area, the City does approve plats. The final approval is by the County, but it's in the impact area and the City would have to give its blessing to it, but that's another day and that isn't something that you can prejudge at this point. Corrie: And Mr. Rountree did mention that we are in the process of working on the Comprehensive Plan and it could be within a year that it could be changed. 13. FINAL PLAT FOR THOUSAND SPRINGS NO. 3 SUBDIVISION BY FARWEST, LLC — NORTH OF VICTORY ROAD AND WEST OF EAGLE ROAD: Corrie: Shari, comments from staff? Stiles: Mr. Mayor and Council, you have our comments dated March 16th, 1999. Ms. Bowcutt was kind enough to be able to respond today. She has agreed to all of our requirements. The development agreement that was previously approved for this subdivision had not exactly errors, but we needed some clarifications on those. I believe this has already been recorded. Has this been recorded? No, maybe it hasn't been recorded yet. There were some items if I could speak to these as part of this final Meridian City Council March 16, 1999 Page 18 plat, one of the requirements that we had initially was on the perimeter fencing. We had required I believe it was in the development agreement to require non-combustible perimeter fencing and the only place that we really needed that was along the Ridenbaugh Canal. That one item. Another item was the pedestrian bridges to be constructed over the Ridenbaugh Canal. As Ada County Highway District is the agency responsible for overlooking the construction and inspection of those bridges, they have asked for deposits for half the cost of two of those pedestrian bridges, and they will not be constructed until each side pays their share. Also there was condition that the Ridenbaugh Canal vehicular bridge be constructed prior to obtaining either building permits or occupancies, and as the waters in the canal now, they're not able to construct anything until next spring, and they would like to be able to bond that with the Highway District, and perhaps Ms. Bowcutt could go over if there are any changes besides that, but those are the primary changes that I was made aware of by the developer as requesting a change on the development agreement. It would have been items J, I believe it was J and L on the original development agreement. The development agreement I have in my packets seems to be different than the one I looked at today with the secretary for the attorney. Bowcutt: I'll try to clarify this. Becky Bowcutt, Briggs Engineering, 1800 W. Overland. In the past with the development agreements we used to wait for your staff to prepare them. As the development applications, the numbers increased and their work load increased, it became one of those items that was easy to set aside but yet you couldn't proceed forward without that document getting obviously the approval of City Council and getting it recorded. We worked out a system with Shari and Mr. Crookston in the past where we got a copy of the format which they were happy with and we would use that format and basically do all the work and put in all the information that was required as far as what our conditions of approval were, any motions made by the City Council that had to be incorporated as part of those binding conditions of approval. The system seemed to work quite well. Mr. Gigray has come into the process and he has some excellent suggestions and he's changed the format a little bit. He and I did talk over the phone and I said what's happening now, we're submitting these drafts under the old format because we had not been able to obtain the new format. They go to his office, and we're not getting those documents before you and getting them recorded. I've got plats sitting in Gary's office that it needs a development agreement instrument number. That's the only thing it is lacking, and this is the development agreement. Mr. Gigray is included the staffs original comments in there, but as you well know when we come before you there are particular items that you make in your motion modify and those were not incorporated into the document even the document had been prepared for my client's signature. I recommended that he not sign the document, because it bound him to the original staff conditions, which were fine with the exception of three or four items which you in your motion revised. So we need to try to implement a process to make this as easy as possible for your staff. I still have a proponent of we prepare the document, it goes through Shari, it goes through your attorney, it can go to Will. He can Meridian City Council March 16, 1999 Page 19 verify what's on the record is in that document, and then when it comes before you it's signed and ready to go and all they're doing is just doing a quick review. We use what we call an Exhibit B on all of these and Exhibit B breaks everything out in site specific conditions tailored for this very project. It works real well. We're happy with it and we'd like to keep using it so if I could get some support and assistance here so we can start expediting these. They'll go smoother and use a lot less of your staffs time. Thank you. Corrie: Staff comments? Stiles: Mr. Mayor and Council I don't remember the meeting that this might have happened. We looked in the minutes where the development agreement was approved and there were no comments on any changes. Maybe Becky can provide us a date that Council incorporated some changes to that development agreement. I know that one of the conditions in the Findings still stated that they would prefer a 57 foot right-of-way for the roads, but as we discussed it with Council, staff did agree that they would prefer to see the planting strip and could live with the 50 foot right-of-way provided that that planting was done by the applicant. So that was one condition that I do recall was changed and approved by Council that still remained in the Findings. As these development agreements are written now, the development agreement is — the main text is there and then attached as Exhibit B are the entire Findings for the project, but those are the major issues and they were items that due to the impossibility of being able to construct the bridge prior to obtaining building permits or certificates of occupancy the 50 foot right-of-way that was approved with the 22 foot setback from the back of curb, and it may have been an error. My comments asked for noncombustible -perimeter fencing, it was only intended to be noncombustible along the Ridenbaugh Canal right-of-way, and I don't know if anything can be done tonight to take care of those issues. We did get a letter dated February 25th from Becky. I received a copy of it today. I don't believe I've seen this before, but it was requesting that these changes be made. Corrie: Thank you Shari. Comments from staff? Mr. Gigray? Gigray: Mr. Mayor and members of the Council, Becky is correct. She's made a request that some changes be made and she's phoned me a couple of times and I have not phoned her back simply because I have requested that the minutes of the meeting which she bases her position so we can verify whether or not this was the action of the Council so that we could then feel comfortable about making the changes. I just can't verify it at this point in time, and that's why I haven't made the changes. I'm not saying that she's misstating the facts. I'm just saying that before we start changing these documents, we're going to go back to the original text of the minutes before we do it. Our procedure now is that hopefully we're going to receive recommendations from the Planning and Zoning Commission on these. We're going to ask that staff and then Meridian City Council March 16, 1999 Page 20 developers address those recommendations and then we can limit the discussion. If there need to be additions or corrections that they should submit those in writing and then we can eliminate some potential confusion in the future because you do handle a considerable number of items. The development agreement we always now prepare at the time you direct we prepare Findings of Fact and Conclusions of Law on an annexation or a zoning designation. As you will note of recent, that's produced at that time. And then that is sent to the developer for their review. This particular one may have come about in September earlier when we were just initiating and getting into this process and maybe part of that transition that has been a little bit confusing, but we're more than happy to look into this and try to straighten this out. I just don't have — I just can't verify as Shari stated that these changes were actually part of the Council's action. Corrie: Any further discussion? Hearing none, Council can either I guess you have two alternatives. You can approve the final plat with the conditions as stated, or you can table it for April the 6th meeting. Bentley: Mr. Mayor as much as I'd like to clear this, I think we need to have verification on what is part of the minutes and part of this development agreement. My estimation that we're going to need to table this. Rountree: Mr. Mayor, if in fact the minutes exist and we have taken those actions and after hundreds of them, they all run together. But I do remember the right-of-way discussion that Shari brought up. I would think that we could take action subject to our previous directions as the record would indicate and if the record in fact does indicate those that Becky is bringing, then we're moving forward and if they don't we're still moving forward with the conditions that are stated in the development agreement as it sets. Corrie: Any further discussion? Okay we got two thoughts here. Which one of them would like to go? Bentley: Mr. Mayor I am going to move that we table this until we get verification of the minutes to the meeting of 4/6. Corrie: Okay motion made by Mr. Bentley do I hear a second? Anderson: I'll second it. Corrie: Okay, motion made by Mr. Bentley second by Mr. Anderson that we table item number 13 the final plat for Thousand Springs No. 3 until April the 6th meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION FAILED: 2 AYES, 3 NAYS, MAYOR VOTES. 0 Meridian City Council March 16, 1999 Page 21 0 Corrie: I think probably I'm going to vote no on the motion. I think Mr. Rountree's approach is probably a little quicker a little better. We got it on record. I think all we need to do is make sure that those conditions are there and the record is on there, and then we can approve it with those conditions so I'll entertain a motion to that effect and see where that one goes. Rountree: Mr. Mayor I move that we approve the final plat for Thousand Springs No. 3 Subdivision subject to the conditions of staff and conditions and modifications made by Council as the record would indicate and that that information be reflected in the development agreement. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve with the conditions in the record of the development agreement as stated. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: 3 AYES, 1 NAY. 14. FINAL PLAT FOR SHERBROOKE HOLLOWS NO. 3 SUBDIVISION BY GEM PARK II — EAST OF LOCUST GROVE AND NORTH OF VICTORY: Corrie: Shari, you're first. Stiles: Mr. Mayor and Council, you have our comments dated March 15th, 1999. We have received a response from Ms. Bowcutt. She has agreed with the majority of our comments. However we have asked for some additional soils testing. She has submitted a letter, but it is not enough information to satisfy our Public Works Department and we do ask for additional soils testing at that site. Otherwise she agrees to all the conditions. We have no problem with this going forward and I am not sure if a development agreement has ever been prepared for this. Has it? Sherbrooke Village? Ms. Bowcutt has submitted one. I don't believe it has been acted on by Council. I'm not aware that City Attorney has prepared his own development agreement. Corrie: Mr. Clerk do you have that development agreement in your files? Berg: Yes, Mr. Mayor, I do have a copy of the development agreement in my packet. You should have one in your packet also. It does look like the old format. Corrie: Ms. Bowcutt, do you have any comments on Ms. Stiles — (inaudible) Any other discussion from Council? • MERIDIAN CITY COUNCIL MEETING: MARCH 16,199 APPLICANT: FARWEST LLC AGENDA ITEM NUMBER: 13 REQUEST: FINAL PLAT FOR THOUSAND SPRINGS NO. 3 AGENCY COMMENTS CITY CLERK: SEE ATTACHED LETTER FROM BOISE PROJECT BOARD OF CONTROL, D/A, AND C C & R'S. CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED EVALUATION SHEETS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: UV IDAHO POWER:l r US WEST: � INTERMOUNTAIN GAS: p ,n4l' BUREAU OF RECLAMATION: C)THFR- All Materials presented at public meetings she c3�/5 c" &t 8ajcv� �; propertyI" `icityp Meridian. A U K/" STEPHEN K. GARMAN CHAIRMAN OF THE BOARD BENJAMIN WITTY VICE CHAIRMAN OF THE BOARD KENNETH HENLEY PROJECT MANAGER PAUL J. DEVEAU ASSISTANT PROJECT MANAGER JUDITH A. JEMMETT SECRETARY -TREASURER ELVA FISCHER ASSISTANT SECRETARY -TREASURER Will Berg, City Clerk City of Meridian 33 E. Idaho Av. Meridian, ID. 83642 RISE PROJECT BOARD OF CON%OL (FORMERLY BOISE U. S. RECLAMATION PROJECT) 2465 OVERLAND ROAD BOISE, IDAHO 83705-3155 February 24, 1999 RE: Thousand Springs Subdivision #3, FP -99-003 Sec.20, T3N., RIE., BM. 6.34 McDonald Lateral Dear Mr. Berg: OPERATING AGENCY FOR 167,000 ACRES FOR THE FOLLOWING IRRIGATION DISTRICTS NAMPA-MERIDIAN DISTRICT BOISE-KUNA DISTRICT WILDER DISTRICT NEW YORK DISTRICT BIG BEND DISTRICT TEL: (208) 344-1141 FAX: (208) 344-1437 F F B 2 6 1999 CITY OF NIERIDM The Boise Project has been in contact with Briggs Engineers regarding the above mentioned development. As you know, the pressure irrigation system lies within the jurisdiction of Nampa & Meridian Irrigation District. Preliminary plans provide for the continued delivery of gravity flow irrigation water, from the McDonald Lateral, through the development, to property north of the Ridenbaugh Canal which hold New York Irrigation District water rights. We have a few details to work out yet in regards to the final disposition of the McDonald Waste Way and a couple private irrigation lines. Briggs Engineers assure us that plans regarding these issues are forthcoming. If you have any further questions or comments regarding this matter, please do not hesitate to contact me at (208) 344-1141. Sincerely, l✓ /,2 Troy Upsha Urbanization Coordinator tlu/tu cc: Phil Comegys, Watermaster, Div. 2., BPBC Charlene Orr, New York Irrigation District John Anderson, Water Superintendent, Nampa & Meridian Irrigation District Dean Briggs, Briggs Engineering, Inc. HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (_08)884-4_64 Council Member, CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 8364.2 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (20 i 1 � E l vED PLANNING AND ZONING R DEPARTMENT KEITH BIRD FEB 0 4 1999 (208) 884-5533 City of Meridian City Clerk Office 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: March 9, 1999 TRANSMITTAL DATE: February 3, 1999 HEARING DATE: March 16, 1999 FILE NUMBER: FP -99-003 REQUEST: FINAL PLAT THOUSAND SPRINGS SUBDIVISION NO.3 BY: FARWEST, LLC LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY RD, WEST OF EAGLE ROAD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION PARTMENT ADA COUNTY (ANNEXATjPJJVy YOUR CONCISE REMAR Mayor ROBERT D. CORRIE Council Members 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 (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 9, 1999 TRANSMITTAL DATE: February 3, 1999 HEARING DATE: March 16, 1999 FILE NUMBER: FP -99-003 REQUEST: FINAL PLAT THOUSAND SPRINGS SUBDIVISION NO. 3 BY: FARWEST, LLC LOCATION OF PROPERTY OR PROJECT: NORTH OF VICTORY RD, WEST OF EAGLE ROAD _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORN EY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF R EC LAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ca— /57-00 AAa ft^-- W- 5 / 61U r A1,P cecV 70 /1..P Ti c7`.aGLr.9 4 ,,, f e c �e ,� 3/ W..( -v -e9 s V-".2 CA,�� n U SUPERINTENDENT Christine H. Donnell February 9, 1999 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: RECEIVED FEB 1 11999 City of Meridian City Clerk Office 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: Final Plat for Thousand Springs No. 3 Subdivision Elementary School: Mary McPherson Elementary School Middle School: Lake Hazel Middle School High School: Meridian High School Comments and/or Recommendations: Mary McPherson Elementary School is currently at 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 over capacity at this time. We can predict that these homes, when completed, will house twenty-one (2 1) elementary aged children, sixteen (16) middle school aged children, and fifteen (15) senior high aged students. Sincerely, Jim Carberry, Administrator of Support Services BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holly Houf tirg • David Wynkoop • Steve Mann ADA COUNTY EVALUATION SHEET Proposed Development Name THOUSAND SPRINGS NO. 3 File No Date Reviewed 02/04/99 Preliminary Stage Final XXX Engineer/Developer Briggs Enqr. / Farwest L.L.C. 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 Ada County Street Name Ordinance. The following existing street names shall appear on the plat. "E. VICTORY ROAD" e� ",<�"1FTAGISH D }y "E. ZIMS DRIVE" is aligned with "E. DWORSHAK DRIVE" to the west and shall carry the same name "E. DWORSHAK DRIVE". "E. SHEEP CREEK ST." is approved and shall appear on the plat. "Ze. TAGISH-OW " is approved and shall appear on the plat. "E. BARTH DRIVE" is aligned with "E. MACKAY DRIVE" to the west and shall carry the same name "E. MACKAY DRIVE". 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, AGEN EPRESENTATIVES OR DESIGNEES n Ada County Engineer John PriesterC';� /� �� Date Ada Planning Association Ann Hurley City of (impt Mrd) Fire District Rep Representative Date - Date sir 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 1111 Sub Index Street Index 3N 1 E 20 Section PAGE ONE OF TWO 4 NUMBERING OF LOTS AND BLOCKS /'J�'�+.'� L.J ADA COUNTY EVALUATION SHEET Proposed Development Name THOUSAND SPRINGS NO. 3 File No Date Reviewed 02/04/99 Preliminary Stage Final XXXX Engineer/Developer_ Briggs En4r. / Farwest L.L.C. 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 Ada County Street Name Ordinance. PAGE TWO OF TWO "S. SLATE CREEK WAY" is approved and shall appear on the plat "S. BENNET BAY WAY" is aligned with "S. BRANDY'S JEWELL" and shall be named "S. BRANDY'S JEWELL WAY". "S. GIVENS 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, AGENCY REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Ada Planning Association Ann Hurley '� Date City of (impt Mrd) Representative Date C2 17 Fire District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 111! Sub Index Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS ADA COUNTY EVALUATION SHEET Proposed Development Name THOUSAND SPRINGS NO. 3 File No Date Reviewed 02/11/99 Preliminary Stage Final XXX Engineer/Developer Briggs Engr. / Farwest L.L.C. 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 Ada County Street Name Ordinance. The following existing street names shall appear on the plat. "E. VICTORY ROAD" "S. TAGISH WAY" "E. ZIMS DRIVE" is aligned with "E. DWORSHAK DRIVE" to the west and shall cgrry the same name "E. DWORSHAK DRIVE". "E. SHEEP CREEK ST." is approved and shall appear on the plat. "S. TAGISH PLACE" is armroved and shall appear on the plat. "E.. BARTH DRIVE" is aligned with "E. MACKAY DRIVE" to the west and shall carry the same name "E. MACKAY DRIVE". 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, AGE Y DESIGNEES Ada County Engineer John Priester Ada Planning Association Ann Hurley City of (impt Mrd) Fire District Representative Representative REPRESENTATIVES OR Date Date Date Date - NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index 3N 1 E 20 Section PAGE ONE OF TWO NUMBERING OF LOTS AND BLOCKS SlODIVISION EVALUATIONIHEET Proposed Development Name THOUSAND SPRINGS NO. 3 City Meriden Date Reviewed -02/1 I tQ9 Preliminary Stage Engineer/DeveloperBnggs Engr. / Farwest L.L.C. Final XXX The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. PAGE TWO OF TWO "S. SLATE CREEK WAY" is an moved and stall appear on the plat. "S. BENNET BAY WAY° is aligned w,fth "S. BRANDY'$ JEWELL" and shall be named "S. BRANDY°S JEWELL WAY". "S. GIVENS WAY" is pp_proved and shall appear on the plat. These findings are subject to recordatjop 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, AGENCY REPRESENTATIVES OR DESIGNEES Ada County Engineer Ada Planning Assoc. City of (impt Mrd) Fire District John Priester Ann Hurley Representa Representa Date Date Q - )) -�, Date Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed Illi Sub Index Street Index 3N 1E 20 Section NUMBERING OF LOTS AND BLOCKS TFMU8S%SM CITY.FRM reCENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT DISTRICT Environmental Health DivisionRECEIVEDReturn HEALTH ❑ Boise DEPARTMENT FEB 1 1999 El Eagle City of Meridian ❑ Garden City Rezone # C-147 Clark Quip, -® Meridian Conditional Use # ❑ Kuna Preliminary / in Short Plat 7Xo,Uro''4W ❑ ACZ ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. 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: B central sewage ❑ community sewage system ❑ community water well ❑ interim sewage 2 central water ❑ individual sewage ❑ individual water ® 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ,F%L central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines central water ® 10. Run-off is not to create a mosquito breeding problem. ❑ 11. 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. see Qylr gc_, e -ee Co Date: 02 / l9 if L ,57`o1?97 G✓QT-e.^ 197 kf fiGre e!'h ew% . Reviewed By: ��► Review Sheet CDHD 10/91 rrb, rev. 7/97 CENTRAL C pISYRICT. (-= HEALTH DEPARTMENT MAIN OFFICE - 707 N. APNISiPaIG P!. • 8CISE, 10 83701.0825 • (_C8) 375.5211 • SAX 327-8SC0 To prevent and treat disease and disability; to prontote healthy lifestyles; and to protect and promote the health and quality of our em•irownent. STOR.MWATER MANAGEMENT RECOMMENDATIONS We 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. Manuals that could be used for guidance are: 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. 2) Stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. Stormwater 3/93:dly we 327.7128 FAY 327-35C0 Serving Valley, Elmore, Boise, and Ada Cottnties Ada -WIC Satellite Office Elmore County Office - N. Volley County Office 7C3 N. I st Streer Ada / Boise County Office 707 N. Armsr.nG Pl. 1606 Rogers 520 pth Streer Mountcin HCme. 10 83647 P.O. cox 1 90 se. 10 83704 Boise. t0 83705 Enviro. Hecith: 537-9225 . 8 3638 "1.634, 8 Enviro. HSCIrh: 327.7199 Ph. 334.33$3 ? F'Jmil'/ !�eClrh: 731.4:07 194 rh. 634-7 194 Fcrndy P!cnr:nq: 327.7400 FAY: 331.3....5.. WIC: 8i FAX: 634-2174 Imr.un zcncrs: 327.7450 Senor Ilurnnon: 327.1460 � FAX 587.33521521 we 327.7128 FAY 327-35C0 22 February 1999 Stan McHutchison Briggs Engineering Inc. 1800 W. Overland Rd. Boise, ID 83705 FEB 2 5 1999 CITY OF IRIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: Thousand Springs Bridge over Ridenbaugh Canal Dear Stan: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has completed a review on the above mentioned project. If constructed according to the plans and data supplied, it will be in substantial conformance with the District's requirements. The District does require a license agreement for all crossings, please have the Ada County Highway District contact the District's attorney, Mr. Bryce Farris at 342-4591. The Master License Agreement can be completed for this bridge. Once the District has a signed copy of this document, construction can commence. Please feel free to contact me if you feel further discussion is required. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln cc: File Each Director Secretary -Treasurer Water Superintendent Attorney - Farris ACHD - Hansell APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 10 February 1999 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 F E 8 2 2 1999 SHOP: Nampa 466-0663 CITE` �101)!AN RE: Final Plat for Thousand Springs Subdivision No. 3 Dear Commissioners: The Nampa & Meridian Irrigation District's Ridenbaugh Canal courses along the west boundary of the project. The right-of-way of the Ridenbaugh Canal is 100 feet; 50 feet from the center each way. Idaho Code 42 -1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at 466-0663 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 16 February 1999 CO� SHOP: Nampa 466-0663 y Kathy Stroschein Briggs Engineering, Inc. 1800 W. Overland Road Boise, ID 83705 RE: Land Use Change Application — Thousand Springs Subdivision No. 3 Dear Kathy: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure urban irrigation system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office or John P. Anderson at the District's shop. Sincerely, kkAjuL_'7t rA_�- Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Sally Martin Farwest L.L.C. (Marty Goldsmith) City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 OCT 20 'g3 15=42 FP CITY, OF M_RTnTPIN 0 3432950 . p 0 t r17 t ' CC L4�a.-r ami �. V �V+y r OCT 2 0 1998 DEVELOPMENT AGREEi��EN i CTOF MERIDL�!, THIS DEVELOFIVIEi� i AGREEMENT (this "A rm-mmt"n s rt_ di+ Y an..,..av.+ p, = �. a:aatWu into this- day vi . 1998, by and between CITY OF MERIDIAN, a municipal comoration of' -he State of Idaho, herea�er �__:1� "'YT_T "; send FA11141T;; i, LLC, a Limited•LiabiIity Company, hereinafter called'T)EVELOPER", whose address is 4550 W. State Street, Boise, Idaho 83702. 1. RECTI'ALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code. provides that cities may, by ordinance, require or permit w a condition of re -zoning that the owner or developer make a written commitment concerning the use or development of the subject property; and 1.3 WHEREAS. CITY has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-4171), which authorizes development agreements upon the annexation and/or re -zoning of land; and ' 1.4 WHEREAS, DEVELOPER has submitted an application, for annexation and zoning of the "Property" described in Exhibit A. and requested a designation of Low ben i ResidentialDistriG1($4)City Zone 11-2- 408B (3) (Municipal Code of the City of Meridian,); and 1.5 WTIEREAS, DEVELOPER roadie some representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings request for annexation and zoning designation ofthe subject Property hold before the Planning & Zoning Conunission, and subsequently before the City Council, inch-ide responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received testimony and comment in favor of the proposed development, and opposed with concerns being the compatibility of the proposed development with neighboring properties; and 1.7 WHEREAS, a request was made to the CITY to have the some annexed to said CITY, and zoned, and the DEVELOPER has submitted to the CITY a "Plea" thereof which has been approved for mmexation by the CITY and as part of the annexation and zoning the CITY adopted and approved DEVELOPMENT AGREEMENT FAR.WEST, L.L.0 / ANNEXATIONIEONING THOUSAND SPRINGS SUBDMSION PAGE OCT 20 198 15:42 FR CITY OF mERIDlAN Findings of Fact and Conclusions of Law; (a correct copy of which are attached to this Agreement marlmd Exhibit B) and by this reference incorporated herein. The "Pint" ;q herrzn ted as T'hous=d Springs Subdivision, North of Victory and West of Eagle Road, Briggs Engineering: Tnc_, DwO, date. f14' 14'tp2 'PIT c, DING No. 98020.4 -PRE, Sheet ! of I PRE, and revised DWG date 07/08/98 RIS, DWG No. 980204-PRE2, Sheet I of 1 PRE2 and for phase One: date 10114/98, 980204, Sheet I of 2; and 1.8 WHEREAS, City Council, the 21" day of July,1998, has approved certain Findings of Fact and Conclusions of Law and order of decision, set forth in Exhibit B, which are attached hacto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.9 WHEREAS, the "Findings„ require the DEVELOPER enter into a development agreenmt before the City Council takes &W action on annexation and zoning designation; and 1.10 WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.11 W EiE,REAS, CITY requires the DEVELOPER to eater into a development agreement for the purpose of ensuring that the `Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure the annexation and zoning designation is in accordance with the Comprehensive plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City ofMeridim NOW, THEREFORE, in consideration of the covenants aid conditions set forth herein, the parties agree as follows: I e: tea,_• •� • : -tea 2.1 That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT PAGE FARWEST, L.L.0 1 ANNEXATtONIZOMNO THOUSAND SPRINGS SUBDIVISION OCT 20 '98 15:43 Fp CITY OF MERIDIAN 0 : u rwr a: .�_ u ,.r • 3. i The uses allowed pursuant to this Agreement are t -hose uses allowed under CTTY's Zon' . Ordinance Low PM%& Residential district tR-4� coded at section 11-2-405 B (3) Municipal Code of the City of Meridian. 3.2 DE'V'ELOPER agrees that this Agreement specifically allows only file uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.1 DEVELOPER has submitted to CITY an application for residential Plat approval undex the "Subdivision and Development Ordinance" of the City of Meridian, and shall be required to obtain the City's approval thereof, in accordance with said ordinance criteria, therein provided, prior to and as a condition of the commencement of construction of any building or improvements on the property. Z3.lt� s••u►. 5.1 DEVELOPER Shall develop subject Property including the obtainence of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 5.1,1 That DEVELOPER will file or cause to be filed with the City .Engineer, a complete set of "Subdivision Improvement Plans" (-JnVravement Plans'l showing all streets, utilities, pressurized irrigation facilities, fire hydrants, extensions of water lines to and along the exterior boundary of such property, landscaping, drainage, street and other similar signing and barricades, and other such improvements contemplated within the developmeut, which Improvement Plans and all improvements shown thereon shall meet the approval of the City Engineer. Said Improvement Plans am incorporated herein and made a part hereof by reference. 5.1.2 Submit a subdivision plat application of the property to the CITY to be approved by the CITY -and recorded in the Ada County Recorder's office prior to any development DEVELOPMENT AGREEMENT FARWEST, L_L_C / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVrSION PAGE OCT 20 '98 15:43 FR CITY OF MEF' 3 !'1 b !44 2; e >_; _' ; i ; 345�950 P. 04%13 5.1-3 That the gave., y zaacd P,,A, descr:ued in Exhibit "A shall have lot sizes of at Ieast Eight Thorusand (8.000) square feet, which is the size presented at the City hearings, and shall meet all of the requir emerts of the R-4 zone including a minimum house size of Fourteen Hundred f 1.4001 a :;:am feet: and have no duplex units, townhouses, or pati.a homes constructed on said property. 5.1.4 That there shall be no change to increase the nurniber of lots or reduce the size of lots as shoum in the preliminary plat by the DEVELOPER and approved by the City, which is incorporated herein as if set forth in full herein. 5.1.5 That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains. street surfacing, street signs, and barricades as well as any and all other improvements shown the Improvement Pians as reviewed and approved by the CITY. 5-16 That DEVELOPER wiIl construct and install all such improvements in strict accordance with the filed and approved plat and Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished. 5.1.7 That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what improvements he intends to complete and the time schedule therefor, and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 5.1.8 That DEVELOPER will have "corrected" original drawings of the Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plaits or a duplicate mylar copy of said Plans_ The Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility limes, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certi.f cation" thereon, signed by the Registered professional DEVELOPMENT AGREEMENT PAGE 4 FARWEST, L.L,C I ANNEXA TIONIZONING THOUSAND SPRINGS SUBDIVISION OCT 20 '99 y5.' 41 FR CITY OF MER r-7-.-kl 309a�^ ups _ '7 4-2-5G1 0 • Engineer in charge of the work, that said Pians of the various improvements are true and correct. 5.1.5 That DE`dELOPER shall, immediately upon the completion of each of the two phases c c cRiri deve.1n Trrr notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 5.1.10 That DEVELOPER arms. to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berrning, and fencing. Provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. 5.1.14.1 The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of `--rovennet upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understanthat ds the contemplated loan or advances will. be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and leading industry to ensure that the loan proceeds or advances will not be used for any other per - 5.1.11 That CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the irufallation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 5.1.12 That DEVELOPER agrees that as security for the construction by the DEVELOPER of the Project Improvements, the MY shall require from the DEVELOPER irrevocable letters) of credit, cash DEVELOPNENT AGREEMENT PAOB FARWEST, LJ -.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUIS MSION OCT 20 '9e 15:44 FR CIT`: OF 209 =7 4913 r � L deposit(s), cerSficd clreck(s), or negotiable bond($) as allowed under Section 11-9-606C of the Revised and Compiled Orduuauces of the City of Meridian, and the CITY shall have the right to withhold a buildimg Permit with- ;respect to any !ot within the property until the same is provided by the DEVELOPER. Said improvements, shall include, but not be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage piping, prmurized irrigation system, landscaping and bermir;g, and fencing. 5.1.13 That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit `B" attached hereto and by this reference made a part hereof, and agrees to conshiLct a perimeter fence around construction areas to contain debris prior to any construction', except Where roadways and streets for access are located and except where the CITY has agreed in writing that such fencing is not necessary. 5.1.14 That DEVELOPER agrees that those portions of the water main, as identified in Exhibit `B" hereto, including any water, line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development. That sound planning requires construction thereof at the present time in order to accommodate future expansion and development In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements separately or at a latex time, DEVLEOPE R agrees to design and constr= such facilities subject to the CITY's - agreement to enter into a late corners agreement to rel i burse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER. agrees to obtain three independent bona fids bids for the performance of such work from qualified and responsrblc contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY may possibly agree to enter into a We comers agreezrrenL The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether tine lowest bidder is in fact selected by DEVELOPER to perform the work. 5.1.15 That DEVELOPER agrees that no Certifi es Of Q=Wmcy will be issued until all improvements are completed, runless the CITY and the DEVELOUR have entered into an addendum agreement stating when the improvements will be completed in a phased development; DEVELOPMENT AGREEMENT FAR.WFST, L.L.0 I ANNF.XATION/ZON No THOUSAND SPRINGS SUBDIVISION PAGE 6 OCT 20 '99 15:45 FR C j TVA OF I ER T D t AN 20e LIB? 4813 TO ?452950 in any event, P_o Cordficates-a{• Q=wancv shall be issued in any phase in which the improvements bave not been installed, completed, and accepted by the CTI';'. 5.2. No condition herein prow:dcd _ar_ be rriod:-Ecd or amended in connection -. - other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. 6.1 DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. •ur _ •� •. 4 U* tell R•.1_ 7.1 This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the c0aunitMents contained herein within two (2) years of each phase, and after complying with the notice and hearing procedures as outlined in j 67-6509, Idaho, Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone, shall occur unless C= provides written notice of any failure to comply with this .Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time per phase for compliance may be extended by CITY fur just cause and upon notification for such by DEVELOPER, and, after complying with the notice and bearing procedures as outlined in § 67-6509, Idaho Code_ or any subsequent amendruents or recodifications thereof. 8.1 CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPEI, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the CITY shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMBNT FARMMST, L_L.0 / ANNEXATIONIZONrNC3 THOUSAND SPRIN S SUBDIVIRON PAGE OCT 20 'c-43 15:15 RR CITY .;iR _ -1-, t at4 • r� LJ 4-1 CUY &!ail, folloN.:;ng recordation of se duly approves! Agreement, enact a valid and binding ordinance zones tEe Property as specified herein,. 10.1 In the event DEVELOPER, DEVELOPEWs heirs, sue..essors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be modified or terminated by the CM upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of CITY or apply to any subsequent breach of any such or other covenants and conditions. 11. RE=IES. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non breacbing party's sccldng of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period; -if the defaulting party. shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such faihue may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such perfonnance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENTAGPLEEMEW PAGE FARWEST, L.L.0 / ANNEXATIONfLON)NG THOUSAND SPRMGS SUBDIVISION -OCT 20 , 98 15: 45 rR I TY OF 209 RP? -4013 TO 3452950 P. ?9.'13 11.3 DEVELOPER agrees that do Certificates of Occupancy will be issued for any building or uce "-- a !ct ; r ±ii all improvements have been installed, _ completed and accepted by the CITY:- for any phase. 11.4 That DEVELOPER agrees, that upon a Finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in u c interest of the health, wctfam and/or safety of the inhabitants of the CITY, the DEVELOPER will. within a reasonable time as determined by the City, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvements, or improvements, the DEVELOPER will pay to the CTrY the actual costs paid or incurred by the CITY for such improvements so constructed by the CITY, plus interest thereon at an annual interest rate equal to the prime interest rate of First Security Bank N.A plus five percent (5.00,ro) until paid, said payment to be made in such manner and under such terms as tate CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the Findings set forth in this paragraph except at a regular or special meeting of the City Council, duly held, and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an Opportunity to be present in person or by counsel, and to be heard on the merits of the proposed Finding. 11.5 That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the regtnrementis herein specified have not been complied with, that the CrrV shall have the right to withhold the issuance of any Certificates of Occupancy within such phase andlor shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate Of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity including, but not limited to, the right of appeal to a court of competent jurisdiction. DEVELOPMENT AGREEMENT FARwEST, L_L_C ! ANNEXA'nOKMN11VCr, THOUSAND SPRINGS SUBDIVISION PAGE Or- r 20 "9e 15:46 tri? -- ` _F 11.6 D W'LLOPER agrees that, in die event any of the improvements required herein are not timely installed, the QTY may, at its sole option, inial the imn-ovements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the raanne. privided by law, or -lav pusnse any other remedy set forth -beret- or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank N.A., plus five percent (5%) per annum, until paid. 11.7 In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho 12. Notices: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer Farwest, L.L.0 City of Meridian City 4550 W. State Street 33 E_ Idaho Ave. Boise, Idaho $3703 Meridian, ID 83642 with copy to: with copy to: City clerk City of 1VWdian 33 E. Idaho Ave. Meridian, ID 83642 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. Attorncv Fes; Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall bo deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14, lime is -of the/ umoe: The parties hereto acimowledge and agree that time is &Wetly of the essence with respect to each and every term, condition and provision hereo& and that the failure to timely perform any of the obligations DEVELOPMENT AGREEMENT PAGB ID FARWEST, L.L.0 / ANNEXATIONrLONING THOUSAND SPRINeS SUBDIVISION OCT 'a0 ' 99 15 : 46 FR C I Tv nc r.;_p I r, POO 88? hereunder silaii constitute a breach of and a default under this Agreement by the other party so failing to perform. 15. Binding =n Succecsers_ 1111is Agemment shall be binding upon and inure to the benefit of the parries' respzcti:,e heirs, successors, assigns -and personal representatives, including CITY's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. 16. LnvF ld PraviIf any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. . 17. Einal Anent. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and C1TY' relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between. DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY. 18. EffectiveThis Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMEN7' ,PAGE 11 FARWEST. L.L.0 I ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION OCT 20 '9e 15:47 FR CITY 4F MER I D 1 RN • 208 887 4813 TO 3452950 9 P. IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. FARWEST, L.L.C. BY: MAR.TY GOLDSMITH MANAGING MEMBER CITY OF MERIDIAN BY. MAYOR ATTEST: CITY CLERK BY RESOLUTION NO. STATE OF IDAHO ) :ss COUNTY OF ADA ) On this_ day of ,in the year 1998. before me, _ , a Notary Public, personally appeared MARTY GOLDSMITH. known or identified to me to be the President and Secretary of said corporation, who executed the instrument or the persue that executed the instmment on behalf of said corporation, FARMFE,ST, L.L.C., and acknowledge to me that such corporation executed the same. DEVELOPMENT AGREEMENT PAGE 12 FARWEST, L.I-C I ANNF.XATION/ZONING THOUSAND SPRINGS SUBDIVISION OCT 20 '9:5 15:47 Fri CITY • r r, r tao-j 208 887 4813 TO 3452950 is IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: _ MY COMMISSION ENPERES: STATE OF IDAHO ) :ss COUNTY OF ADA } On this day of _ in the year 1998, before me a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to we that such City executed the same. IN WITNESS WHEMF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) DEVELOPMENT AGREEMBNT FARWEFT L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUEDIVISION NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPMES: PAGE 13 ** TOTAL PAGE. 13 zoic • 0 DECLARATION Oma.::=ANTS, CONDITIONS AND RESTRICTIONS OF ^Y :.O:,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 certain real property in Ada County, State of Idaho, more particularly described as follows: 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 1 1.3 "Association" s "a" and refer to Thousand Springs Subdivision ~`.0meowners' Association, inn. a non_ � _ r tion organized r1 - ., ... , ,..._. , p. efit corpora . . gan�_e.. under the' laws ofthe State of-Idaho, its successors and assigns. 1.4 "Building" includes any Dwelling Unit, house, garage, or any other partially or fully enclosed building, shed or other structure, consisting of one or more walls or roof. A building includes barns, sheds, animal enclosures which have a partial or full roof impervious to water in whole or in part, and similar structures. 1.5 "Common Area" shall mean and refer to 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 a single-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 Ll 1.11 "Lot(s)" shell mean and refer to the plots or tracts of land comprising the Property; designated- b ° ipi �?l:i�iU On •� plat, orany p Y 9 � - N_ r the Common --- 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 Membership. Each Owner shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership shall be the sole qualification for membership and shall automatically commence when a person becomes such Owner and shall automatically terminate when such ownership is conveyed or transferred. There shall be only one membership for each Lot. If there are multiple Owners of a Lot, the Owners shall, by written instrument filed with the Association, designate the individual entitled to exercise the privileges of Membership. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 • 2.3 glasses of acing Members. The Association shall have two classes of - vdting membersl-ih-"h(jW: Vwr, ail-�cities- shah be-eouai and -counted-as such, except —~ where voting by separetr; basses (-nay otherwise be provided in the Articles and, -By-- Laws of the Association or this Declaration. (a) Class A members shall be Owners with the exception of the Declarant (during the period when the Declarant is a Class B 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 portion thereof, and a nonexclusive easement ten (10) feet wide, inside the boundary of each Lot and the Common Area adjacent to the right-of-way for construction of a pressurized pipe DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 4 0 irrigation system wi i be conveyed to and operated by the Association or the Nampa ri .:..n L'1...4.:..♦ /� ...r�r+...n+.,. nran�r�r rS�bn� 4-r �� .-!, _n! ttic waters stern--- iVleridiari ir=1 Suo V=Cly L GrV\II2%AV.YCL0 WF/F IWF..>ld:-.•td .� �.•v v !" ..._C,, y will be owned by the City of Meridian. ^ ARTICLE 4: MAINTENANCE. 4.1 Responsibilities. Among its other responsibilities, the Association shall maintain all Common Areas and those Common Facilities dedicated to it and all landscaping, fencing, surfaces, bridges, and other improvements thereon and 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 Property. 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 Strip. 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 Heavy 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 0 0 exceeds the designated storage level. All other maintenance shall be referred to herein Aft County Highv':ay District (ACRD) has opted to -perform. this heavy rnai: tena:._e and shall be alloyed, by the Homeowners Association, to - perform. this maintena.n,^.a work. In the event ACHD shall decide not to do such "heavy maintenance" they the Association shall do it. 4.6 Easement to ACHD for Heavy Maintenance. Each drainage lot shall have an access road along one side of it to support a HS -20 truck loading. Such access road shall be accessible from the adjacent subdivision street, extend along an entire side of such drainage lot and be at least twelve (12) feet wide. ACHD 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 Manual 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 Iml2rovements. 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 property, provided the rights of such mortgagee shah a. al'i't -Imes be subordinate to the rights of the Owners under this declaration. ARTICLE 6: ASSESSMENTS 6.1 Creation of Lien and Personal Obligation of Assessments. Each Owner, by acceptance of the deed therefore (whether or not it shall be so expressed in such deed) is deemed to covenant and agree to pay: (a) To the Association, regular annual or other regular periodic assessments or charges ("Regular Assessments"); (b) 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 AND RESTRICTIONS - 7 Assessmeni against the Own,�Br.to pay for the costs of such maintenance and repair ,....... 4 nr Costs nr �X:'=nE`ns including-atto-mp teen " ila _1 : o %At v%X aa.. r vahv. C ovw v. , _...._._ -.tai-jl.art � � �.•`a: v i y � - - ariVn- cwt zf -r incid^nt to such maintenance and repair of the Association. The Regular, Special, Limited and Irrigation Assessments, together with interest thereon and costs of collection and reasonable attorney fees, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney fees, shall also be the personal obligation of the Owner at the time when the assessment fell due. The right to collect and enforce payment of the assessments is vested in the Association. If an Owner fails to pay an assessment within thirty (30) days of its due date, the Association shall prepare a written notice of assessment setting forth the type of assessment, the amount of the assessment, the amount remaining unpaid, the name of the record Owner of the Lot, and a legal description of the lot. Such notice shall be signed by the President and Secretary of the Association, whose signatures shall be acknowledged by a notary republic, and such notice shall be recorded in the office 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 4240.00 for each Lot subject thereto. Thereafter, the maximum Regular Assessment per lot may be increased each year not more than five percent (5%) above the maximum assessment for the previous year without a vote of the membership. In order to increase the assessment by more than 5% for any given DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8 • CJ rear, there must be a vote o`: two-thirds of the members affirming any such increase .._ . a# a meeting duly called for Yiif 'I�UHIG5e, i Is iSuaru of i7ifect®T5 Of"thE SSOCIat1oTt may fix the. Regular Assessrinen t at any amount equal, 10 Or-IES-s-thaR the maXlmurn. 6.4 Initial Regular Assessments. Initial Regular Assessments shall commence as to each Lot upon the closing of the first sale of such Lot from the Declarant, or as to the remaining Lots owned by Declarant, when such Lots are no longer offered for sale to the general public. At each such closing, the Owner thereof shall pay the sum of $100.00 and such portion of the greater of either an additional $100.00 or any existing Regular Assessment set by the Declarant or the Association pro rated for the remainder of the calendar year. The initial $100.00 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 9 6.3 Special Assessments. In addition to the Regular—Assessments, the ,=.z;:;oz;iation may ievy in any assessment year,a ;::.cia! Assessment -applicable to iha.-- ve;ar only, for the purpose of defraying, in wh:.le or- in --.part;.- the cost of any construction or reconstruction, unexpected repair or replace m6ht 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 a two-thirds majority of the votes represented by those members who are voting in person or by proxy at the meeting duly called for this purpose is obtained. 6.9 Notice and Quorum for Special Assessment. Written notice of any meeting called for the purpose of making a Special assessment shall be sent to all Association members not less than twenty (20) days in advance of such meeting. Such notice shall specifically indicate that a Special assessment is to be considered at such meeting. A quorum of not less than a one-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 Nonpayment of Assessments* Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) 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 Mortgacae. 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 ("ACHD") 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 ACHD determines, in its sole discretion, that the Association is not adequately maintaining the defined Common Areas or Common Facilities, Meridian City, ACHD DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 10 and/or NMID shall; before Undertaking maintenance of said- Common Areas, Piuvide - - -- `-- -'-- - °--- :;o to begin: maintenance of the d^`F:ed - g. written notice o! Uzi u: iui vi ::ICii :1 i:C.: ,. . �..,�...,.,., Fani.wn .,,,i*tiir :i t!� rty (30)day-period within which time Common Areas o� ..... frame the Association may undertake to initiate and conclude -all maintenance defecui as identified by Meridian City, ACHD 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, ACHD 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, ACHD 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, ACHD 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, ACHD and/or NMID in connection therewith. Meridian City, ACHD 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, ACHD 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 household not -.hick do not unreasonably bother or cohststute a nuisance to others shay be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an Owner's Lot. (d) All garbage, refuse and animal waste shall be properly and promptly cleaned and stored and appropriately removed from each Lot so as to prevent unsightliness, or unnecessary or unreasonable odors. (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 Mobile 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, CONDITIONS AND RESTRICTIONS - 12 0 • 8.2 Backs. The front lot line for each lot is located cpprcxirn&te!y t: a fejt €^:u "th^ e1de ° .•�'l. a�� 'Ith� n`' err eridian-City-.zoning �r�iinance fn. this current subdivision permits a twenty foot front yard set bacK. it is a specific requirerneni of ihu V..��y ui BVI lulaii aiw a specific building restriction herein that 041619 dwelling units be set back twenty feet from the back (lot side) of the sidewalk. This set back is depicted on the front yard set back schematic attached as an exhibit to this document. 8.3 Dwelling Unit Size. No Dwelling Unit shall be constructed or placed on any Lot containing a total floor area on all floors intended and suitable for use as living area, not including a garage, of less than 1,400 square feet measured from the outside of the exterior walls, or with a ground floor area of less than 950 square feet. In computing floor area, basement space or any floor with a finished elevation more than three feet below the natural contour of the surrounding area shall not be included. No Building shall exceed two and one-half stories or 28 feet in height unless approved by the ACC. In granting or withholding such approval, the ACC shall consider the adverse effect of height on other properties within the subdivision and such other facts as may be reasonable. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2) standard size automobiles. No carport shall be allowed. 8.4 Construction 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 color thereof, 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 0 0 (a) No fence o: pernnttsd to be constructed or installed on any portion of a berm cont-Aructed by the Deciara-nt in Thousand Springs Subdivision. (b) Fences and wales snap not extend closer to any sidewalk than twenty feet (201 nor project beyond the setback of the principal building on the Lot. No fence higher than six feet (6') shall be allorsod without the prior written approval of the City of Meridian (if required) and the ACC. (c) All fences and walls shall be constructed and installed and maintained in good appearance and condition at the expense of the Owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. (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. (b) All required landscaping on a Lot shall be installed within thirty (30) days after substantial completion of the Building on the Lot, with a reasonable extension allowed for weather. (c) The initial landscaping shall include, as a minimum, sod in the front and side yards, sod or grass seeded in the rear yards, two (2) coniferous trees of at least 8' in height, five (5) ten gallon plants, fifteen (15) five gallon plants and fifteen (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 sidewalk and curb of each f_ot,_ shall be - landscaped by the Lot_:Owner with_so4._sand Newport_Plum trees of 3" caliper or greater. There shall be one such tree for each 40 lineal feet of Lot street Iror•I�aa�:, o��c�.�ding drIV��U,, Each su.,h ............. , >e a minimum three-foot six-inch diameter ring at its base without sod, planted with 18 mature marigolds and 36 mature fuschia petunias (or such onther single or two color combination as determined 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 shall be the responsibility of the individual Lot Owners unless it is assumed by the Homeowner's Association. ARTICLE 9: ARCHITECTURAL CONTROL 9.1 Plans. No Dwelling Unit, building, fence, wall or other structure or substantial landscaping or screening planting shall be undertaken, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the ACC. 9.2 Exterior Materials and Colors. All exterior materials and colors shall be selected and used which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the end that all such Buildings will present a unified and coordinated appearance. All exterior finishes and/or colors shall be earthtone, including subtle blue and gray tones, as approved in writing by the ACC. Each house shall include some brick, stone stucco or other distinctive design features on the front exposure. No gravel roofs shall be permitted. Roofs shall be a minimum of 5/12 pitch with either cedar shakes or Pabco Laminated Series 25 year (or better) dimensional asphalt shingles, weathered wood, antique black or driftwood color, or such other dimensional asphalt shingles as is determined by ACC. 9.3 Vehicles. The use of all vehicles, including but not limited to automobiles, trucks, bicycles and motorcycles shall be subject to ACC rules, which may prohibit or limit the use thereof within Thousand Springs 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, No tree-staridir d'nUiIboxes snail be constructed or installed on any Lot :tint- out the ; ioi written approval of the -plans approved-b�� the ,SCC: 9.6 Signs. No commercial billboard or advertising shall be displayed io the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonable sized vacancy sign or "For Sale" sign thereon. Signs advertising the name of the builder and the name of the institution providing financing therefore may be displayed on a Lot during construction of the Improvements. Lighted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give directors to traffic or pedestrians or give special instructions. Any directional or identification sign in Thousand Springs Subdivision shall be permitted, provided the same is approved by the ACC prior to installation. 9.7 Adoption of ACC Rules/ACC Standards. The Declarant, or in the event of the Declarant's failure to do so, the Board, shall have the power to promulgate ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of Improvements within the Property deemed necessary or desirable by the Declarant, or the ACC, consistent with the provisions of this Declaration. 9.8 Certification by Secretary. The secretary of the Association shall, upon written request, certify that improvements upon any Lot comply with this Declaration and have been duly approved by the ACC, or in the event said building or other improvements do not so comply, specifying the extent of noncompliance. 9.9 Interpretation and Enforcement. The ACC shall have the authority to interpret and enforce any or all restrictions and covenants of these Declaration of Covenants, Conditions and Restrictions. The ACC shall have the authority to pursue whatever action or litigation required to cause any Owner to remove and replace any element that ACC interprets as deficient or outside of the standards established by this Section 9 of this Declaration of Covenants, Conditions and Restrictions. This right of enforcement can include the ACC hiring any or all of such work to be done and encumbering the Lot on which said work takes place for the full amount of the cost of said work plus any other costs ACC may incur in such enforcement. ARTICLE 10: ARCHITECTURAL CONTROL COMMITTEE. 10.1 Members of the Committee. The Architectural Control Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shall hold office until he has resigned or has been removed, but in any event, until said member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 • 0 10.2 A000intment. So long as the Declarant t—,vns any Lot or parcel within the Property. The Declarant shall have the. sole righi.-W appo;ra and remove all members of the ACC. Thereafter, all members of the ACC shaii be appointed or removed by the YV4rv. The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (1) of its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shall constitute an act of the ACC. 10.3 Aooroval 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 Application. 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 • 0 All ppllcaticr:s must contain, or have submitted therewith, the following maYerial ;c-oiieociveiy called "Plans and Specifications"') prepared in accordance wIL11 acceptable architectural standards and submitted with the application form, if any, approved by the ACG: (a) Site Plan. A site plan showing the location of the Building(s) and all other structure and i^1provecrents Including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the improvements. (b) Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east and west sides, and detailed exterior specifications which shall include, by sample if required by the ACC, all exterior colors, materials and finishes, including roof, to be used. (c) Landscape Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. The ACC may, in its discretion, require the Owner to furnish additional materials and the materials submitted therewith and in reaching a decision thereon, the ACC 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 Supplemental Declare on., owthich shall. describe the Additional Property being annexed, and any supplemental TzT3nr covenants, conditions and restrictions applicable thereto, and any deletions or modifications to these covenants, conditions and restrictions as the Declarant may deem appropriate, and shall describe the Common Area and Common Facilities thereof. Upon the recordation of the Supplemental Declaration, the Additional Property described therein, shall be subject to the term and provisions of this Declaration as though included originally in this Declaration, and the definitions of Property, Common Area and Common Facilities shall automatically be amended to conform to such supplement or supplements, as shall all the other definitions herein, including the definitions of Lot and Owner. All Owners of Lots located within the expanded Project shall be subject to all easements, restrictions and reservations set forth in this Declaration and shall have the privileges of use of Common Area and Common Facilities, except as otherwise provided herein and subject to the restrictions and reservations set forth in the Declaration as amended and supplemented from time to time. 11.2 Desionation 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 for the benefit of the Declarant, the Associatic^, and Lo* Owners. ;o which the system has been extended shall be required to pay the assessment therefore regardless of actuai use or nonuse of water from the irrigation system. Use of the irrigation system shall be subject to such rules and regulations of the Association or the Nampa -Meridian Irrigation District and the right to receive water therefrom is, in any event; subject to availability for Lots and for the Common Area. Water from the irrigation system is not drinkable; each Lot Owner shall be responsible to ensure that irrigation water within the boundaries of his Lot is not consumed by any person or used for culinary purposes. ARTICLE 13: GENERAL PROVISION. 13.1 Enforcement. The Association, any Owner, or any First mortgagee shall have the right to enforce, by proceedings of law or in equity, the terms and provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter. 13.2 Severability. Invalidation of any one of these covenants or restrictions shall in no way affect other provisions which shall remain in full force or effect. 13.3 Term. This Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association, the Owner of any Lot, and any First Mortgagee as provided herein, and their respective legal representatives, heirs, successors, grantees, and assigns, for a term of forty (40) 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 • -mergers and consolidations, mortgaging or dedication of Common Area, dissolutio..... of amendment of the Articles of Incorporation or Bylaws of the Association; and amendment of this Declaration. 13.7 Contracts or Agreements. The Board of Directors may enter into such contracts or agreements on behalf of the Association as are required in order to satisfy the guidelines of the VA, FHA, the FHLMC, the FNMA or the GNMA or any similar entity, so as to allow for the purchase, guaranty or insurance, as the case may be, by such entities of first mortgages encumbering building Lots in the Project with dwelling structures thereon. IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date and year first above written. STATE OF IDAHO SS. County of Ada FARWEST, L.L.C. By MARTY GOLDSMITH, Member On this day of , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known and identified to me to be a Member of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such company executed the same. 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CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: 0 HUB OF TREASURE VALLEY 0 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 To: Mayor and City Council From: Bruce Freckleton, Assistant to City E ineer Shari Stiles, P&Z Administrator Re: Thousand Springs Subdivision No. 3 by Farwest L.L.C. (Request for Final Plat approval) CG 31i6o/g9 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 March 16, 1999 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. 6. Please address, in written form, all items contained in this memorandum and submit to the City Clerk's office by 12:00 P.M. of the day of the scheduled meeting of the City Council. Prior to development plan approval, three copies of the revised plat must be 'thousand Springs No3.FP.doc Mayor, Council and P&ZI* • March 16, 1999 Page 2 reviewed by the Public Works Department for compliance with all conditions of plat approval. SITE SPECIFIC COMMENTS This final plat generally conforms to the approved preliminary plat. 2. Six -foot -high, permanent perimeter fencing is required to be in place prior to obtaining building permits unless specifically waived in writing by the City P&Z Administrator. A letter of credit or cash will be required for this fence prior to signature on the final plat. 3. Submit detailed landscaping plans, 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. 4. 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. 5. Sanitary sewer service to this site will be via extensions of the mains located in Thousand Springs Subdivision No. 2. 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. 6. Water service to this site will be via an extension of the mains located in Thousand Springs Subdivision No. 2. 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. 7. 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. 8. Graphically show fifteen -foot -wide easements for Public Utilities, Drainage and Irrigation along the subdivision boundary line of Lots 31-33, Block 1, and Lots 1-4 and 7, Block 18. Additional width is necessary due to the location of facilities. 9. Place dimension along each lot line in block 14 that will tie down the Ridenbaugh Canal Easement. 10. Two -hundred -fifty and one -hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be nox=W SpMV r o3YP.a« Mayor, Council and P&Z• March 16, 1999 Page 3 installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 11. Developer shall dedicate easements for off-site sewer and water prior to development plan approval 12. Add the Corner Perpetuation Filing Record Number to the two 1/16d' comers referenced on the plat. 13. Fill in the Instrument Number for the Development Agreement as noted in plat note #15. DowwW Springs Nol" dw BRJGGS_ENGINEERING, Inc. ENGINEERS / PLANNERS ! SURVEYORS March 16, 1999 Mr. Will Berg, Bruce Freckleton and Shari Stiles City of Meridian 200 E. Carlton Avenue, Suite 100 Meridian, Idaho 83642 Re: Thousand Springs No. 3 Subdivision (Responses to Staff's Comments on the Final Plat) General Information 1800 West Overland Road Boise, Idaho 83705 — 3142 Voice (208) 3449700 Fax (208) 345-2950 E-mail BEldaho@msn.com REGETX%D MAR 16 1999 CITY OF MERIDIAN PLAh,WING & ZONING 1. Any irrigation ditch or drainage ditch which traverses the property, will be piped, except the Ridenbaugh Canal. 2. Applicant will comply. 3. The property lies outside any delineated FEMA floodplain. 4. Applicant will comply. 5. Applicant will comply. 6. Applicant will try to comply. Site Specific Comments 1. Agreed. 2. Applicant will comply. 3. Applicant will submit landscape plan and Letter of Credit for improvements. 4. Applicant will comply. 5. Applicant will comply. 6. Applicant will comply with staff's comments. 7. Applicant will comply. 8. Plat will be revised accordingly. 9. Plat will be revised accordingly. 10. Applicant will comply. 11. Applicant will comply. 12. Plat will be revised accordingly. 13. Development Agreement is held up at City Attorney. Sincerely, BRIG S .ENGINEERING, Inc - J.Se�. Becky L. Bow tt Land Use Planner Bi.B* 981204\citymcr-Irr2 TOTAL P.02 MAR 16 '99 12=55 PAGE.02 • ** TX STATUS REPORT ** DATE TIME TO/FROM 15 03/16 08:47 3452950 200 E. Corton, Sts. 201 Meridian, ID 83642 Phone: 884 -SM Fax 887-1297 Fac • AS OF MAR 16 '99 08:48 PAGE.01 PUBLIC WORKS MODE MIN/SEC PGS CMD# STATUS EC --S 01'17" 004 191 OK To: $ec�7 aowc u t From Swp pay Fac 3�I5- 2950 Date: t(o/q CI — Phone: Pages: y (Indming covet Sheet) Re: Con,mentcS ' T1-o�sa �c� Spr1ng6 �jCC: O UrgeM JErFor Review *Comments: ❑ Please Comment O Please Reply O Pieces® Recycle 0 BRIGGS ENGINEERING, Inc. /PLAM0M1oR5 March 16, 1999 Mr. Will Berg, Bruce Freckleton and Shari Stiles City of Meridian 200 E. Carlton Avenue, Suite 100 Meridian, Idaho 83642 Re: Thousand Springs No. 3 Subdivision (Responses to Staffs Comments on the Final Plat) General Information TO I� U 1800 West Overland Roe Boise, Idaho 83705 — 31, Voice (208) 344-9700 Fax (206) 345-2950 E-mail BEldsho@msn �L Cwr) C_ i I REceivED MAR 16 1999 t.'ity of Moricii$n City Clerk Office I . Any irrigation ditch or drainage ditch which traverses the property, will be piped, except the Ridenbaugh Canal. 2. Applicant will comply. 3. The property lies outside any delineated FEMA floodplain. 4. Applicant will comply. 5. Applicant will comply. 6. Applicant will try to comply. Site Specific Comments 1. Agreed. 2. Applicant will comply. 3. Applicant will submit landscape plan and Letter of Credit for improvements. 4. Applicant will comply. 5. Applicant will comply. 6. Applicant will comply with staffs comments. 7. Applicant will comply. 8. Plat will be revised accordingly. 9. Plat will be revised accordingly. 10. Applicant will comply. 11. Applicant will comply. 12. Plat will be revised accordingly. 13. Development Agreement is held up at City Attorney. Sincerely, BRIG S ENGINEERING, Inc Becky L. Bow tt Land Use Planner BLB:fc 981204\citymer-Itr2 TOTAL P.02 MAR 16 '99 12:53 PAGE.02 13:47 FROM TO 8874813 P.01 •INR CBRIGGS ENGINEERS PLANNERS SURVEYORS FACSIMILE TRANSMITTAL TO 1.0t. L FROM ktpv COMPANY 6?7-y' 0' H-4941>/t7J BRIGGS ENGINEERING, INC. FAX NO. Ff 7 ' �/,� 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 np` FAX (208) 345-2950 * TEL (208) 344-9700 NO. OF PAGES SENT (Including Transmittal) REFERENCE REMARKS REPLY REQUESTED k.pA-'%1t> (BEI) PROJECT NO. 1Z `Al&d ' COPY 1800 W. OVERLAND ROAD * BOISE, IDAHO 83705 * (208)344-9700 FAX (208)345-2950 MAR 16 '99 12:53 PAGE. 01 &M o o ~ r i� _._... z /; O%Yoh\J- "y�so/�\��.._. t��t'\•`tW G yo ��J` � ; / ,�•/d' 1' � i��.w 6ya r 4� •� : r��4\ C 1 z Z 0 U rF��N1€X��S��w��S��aN14�=0YiVaN.NN?pBs�$$iCA"� 1 �1 Ni 9 �!.Y"��N4 s;<t qrv? 4 gt4V 44$V!.�`1Kg,- fl$g$ ?4$$$fn$4ir''.y Nsyx$> :B�tgCpppp SooWPSPpSSB«Nb PR S2 RSZ 52Ro%"��r.P. ,P,PN!•^'^5"A:^PPYAA. 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