Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Thousand Springs Subdivision No. 3 FP
Mayor HUB OF TREASURE VALLEY 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 (200F40EIVED KEITH BIRD FEB 0 4 1999 LEGAL DEPARTMENT (208) 88.1-4264 PUBLIC WORKS BUILDING DEPARTMENT ('_08)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 City of Meridian City Cler}.>;. 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 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM &°FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) _SEWER DEPARTMENT IDAHO TRANSPORTATION QWPARTMENT _BUILDING DEPARTMENT ADA COUNTY (ANNEXA FIRE DEPARTMENT POLICE DEPARTMENT YOUR CONCISE REMARKS: _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD March 17, 1999 Marty Goldsmith Farwest, L.L.C. 4550 W. State St. Boise, ID 83703 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 RE: Final Plat approval for Thousand Springs Subdivision No. 3 Dear Mr. Goldsmith: LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 This letter is to confirm that the City of Meridian's City Council approved the Final Plat application for the subject property at their 3/16/99 meeting. Per Ordinance Section 11- 9-604-1, the Final Plat shall be filed with the County Recorder within one (1) year afier written approval by the Council, otherwise, such approval shall become null and void unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council. The Council may authorize an extension of the final platfor aperiod not to exceed one year from the end of the original one-year period. Any request for an extension must be filed with the Zoning Administrator prior to the lapse of the original one year and must be in writing. (Ord. 456, 9-3-85) The fee for an extension request is $100.00. Sincerely, CITY OF MERIDIAN Shari Stiles Planning Director / Zoning Administrator March 15, 2002 MERIDIAN CITY COUNCIL MEETING March 19, 2002 APPLICANT ITEM NO. REQUEST Thousand Springs Subdivision Res rictive Covenant ! AGENCY COMMENTS 3 , CITY CLERK: , CITY ENGINEER: CITY PLANNING DIRECTOR: 1 CITY ATTORNEY See attached 1 CITY POLICE DEPT: i f CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: + MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: o SETTLERS IRRIGATION: IDAHO POWER: l US WEST: INTERMOUNTAIN GAS: = BUREAU OF RECLAMATION: I OTHER: I Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED Interoffice MAR - 7 2002 MEMORANDUM 044-W OfAferidiart 1 City Clerk Offict, 3 To: William G. Berg, Jr. I Cc: Mayor Robert D. Corrie and Meridian City Council l From: Wm. F. Nichols Subject: Thousand Springs Subdivision No. 3, Lot 20 Block 14 Date: March 6, 2002 The issue of the bonus room on Lot 20 Block 14 in Thousand Springs Subdivision No. 3, has been resolved by the contractor purchasing the property. Accompanying this memo you will find a letter from the attorney for the contractor, with a proposed Restrictive Covenant. You will note from the letter that the Hansons have agreed to settle their claims regarding the bonus room, if the Restrictive Covenant is recorded. Please let me know if you have any questions. Z:\Worlc\M\Meridian\Meridian 15360M\City Cleric Memos\2002 i� Memos\BergThousandSpgsRestrictiveCovenantWindowReplcmntMemo03O6O2.doc ;i i '9 i 1 i msg\\204.229.127.194\SERVERZ\WORKWI\MERIDIAN\MERIDIAN 15360M\CITY CLERK MEMOS\2002 MEMOS\BERGTHOUSANDSPGS i 1 9 • HAWLEY TRO) ELL ENNIS &HAWLEYur ATTORNEYS AT LAW TIMOTHY W. TYREE ADMITTED TO PRACTICE LAW IN IDAHO EMAIL: TWT@HTEH.COM VIA US MAIL ,j- 877 Main Street, Suite 1000 P.O. Box 1617 Boise, Idaho 83701-1617 (208) 344-6000 - Fax (208) 342-3829 www.hteh.com RACE VIE AR 28 02 March 4, 2002 t �y�TE pF�FR n William F. Nichols White Peterson Pruss Morrow & Gigray, PA P.O. Box 247 ,y Nampa, ID 83653-0247 Re: Restrictive Covenant in Thousand Springs Subdivision Dear Bill: Enclosed is ° an, -executed' Restrictive Covenant Regarding Window Placement for signature by the City of Meridian. Geoff Wardle and I have been working on this matter and Geoff asked me to send the Restrictive Covenant to you"to'obtain the City's signature. Stacy Construction; Inca-is`now the owner of the property. Stacy Construction has agreed to record the Restrictive Covenant against the property in order to resolve the complaints by the neighbors. The neighbors have agreed -to settle all 'claims 'regarding the bonus room over the garage if the Restrictive'Covenant is recorded. `Once the Restrictive Covenant 'is signed byy the City; please' return the fully executed original to me for recording. If you have any questions, please call. Very truly yours, HA EY TROXELL ENNIS & HAWLEY LLP 4 im t W. T e TWT Enclosures cc: Wayne Stacy 41257.0001.630953.1 1 0 • RESTRICTIVE COVENANT REGARDING WINDOW PLACEMENT (Restricting Lot 20, Block 14, Thousand Springs Subdivision No. 3.) THIS RESTRICTI,VE COVENANT GOVERNING WINDOW PLACEMENT (this "Covenant") is made this Stay of Marc% , 2002 by and between STACY CONSTRUCTION, INC., ("SCI"), and THE CITY OF MERIDIAN ("Meridian"). WHEREAS, it is the intention of the parties hereto to reasonably restrict the window placement on the home located on Lot 20, Block 14, Thousand Springs Subdivision No. 3 to further the privacy of neighboring property owners. NOW, THEREFORE,, in consideration of good and valuable consideration, including the issuance of a certificate of occupancy by the City of Meridian, the receipt and sufficiency of which is hereby acknowledged, SCI does hereby covenant and agree that development, improvement and alteration of Lot 20, Block 14, Thousand Springs Subdivision No. 3., shall be, and hereafter is, limited as follows: No window shall be placed in the gabled end of the roof above the first floor of the rear of the house located on Lot 20, Block 14, Thousand Springs Subdivision No. 3. Nothing contained in this Covenant shall be interpreted or construed herein to otherwise restrict the location of windows anywhere else on the property; including any window that is not located in the gabled end of the roof at the rear of the house or any window or structure elsewhere in or on the roof that does not face to the rear of the house, parallel to the southwest boundary of the property. This Covenant runs with the land and binds Lot 20, Block 14, Thousand Springs Subdivision No. 3., for the benefit of Meridian, and binds the assignees, successors, heirs and devisees of SCI and all persons taking title from or under SCI to all or any part of Lot 20, Block 14, Thousand Springs Subdivision No. 3., to and for the benefit of successors to Meridian. Meridian and its successors shall be entitled to specific performance of this Covenant. If any provision of this Covenant shall be held invalid, it shall not affect the validity of the remainder of this Covenant. - 1 - 41257.0001.625275.4 IN WITNESS AND EXECUTION WHEREOF, the parties hereto have set their hands on the day and date first above written. SCI: STACY CONSTRUCTION. INC. Im Lel MERIDIAN: THE CITY OF MERIDIAN Dated: 41257.0001.625275.4 0 STATE OF IDAHO County of Ada ) ss. On this —- day ofG2002, before me, -i'h E' , the undersigned, a Notary Public in and for said State, personally appeared Wayne Sta as President of Stacy Construction, Inc., known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first "v ;written m i' - , ._Notary Public for Idaho 1 n, C, -:Residing at eP' Idaho commission expires, STATE OF IDAHO ) ss. County of Ada ) On this day of , 2002, before me, the undersigned, a Notary Public in and for. said State, personally appeared known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My commission expires , 2002 41257.0001.625275.4 0 RECE D OCT t t7 nnl MAYORS OFFICE October 16, 2001 CITY OF MERIDIAN _ Meridian City Council VVV C/o City Clerk Fax: 888-5533 Re: Block 14, Lot 20, -Thousand-Springs-S'ubdivis� i n /& 3''' Gentlepeople: After several years of meetings with developers; meetings with Planning and Zoning; and meetings with the Meridian City Council, the following condition was agreed upon in the August 31, 1998 meeting and printed in the conditions of law and findings of fact: That lots 14 through 21 be limited to single story detached dwellings.... (this was actually changed to lots 18 through 24) Lots 18, 19, 21, 22, 23 and 24 have technically complied with this condition. (However, the developer did bring in about 10-12 feet of extra fill to build up the lot, and the roofs are also very tall. Since this was not prohibited in the statement above, we did not contest it.) Now someone is building on Lot 20, and as you can see by the attached pictures, the builder has definitely added a second story to this house. I took the picture into the Planning Office and the staff looked up the building plans and permit. The plans did not match the picture I showed them. They also mentioned the new house had not been inspected since the footing stage, and that they did not even show permits for electrical and plumbing yet, so they were surprised the house was so far along. Evidently the builder is stating the restriction was not wrj'en on the plat map that he has. My concern is: The building does not meet the conditions recommended by Meridian Planning and Zoning, specified by the conclusions of law and findings of fact, and granted by Meridian City Council, 2. The builder is constructing a dwelling without an appropriate permit as they are not following the drawing submitted for approval and on file in the Planning Office. 3. This house is not within the limits of the agreement. 4. This house is not within the spirit of the agreement. Even if they are technically calling it a "bonus room," the following items deem it a second story: permanent stairs to an upper living space, upstairs windows, and additional wall built up from the first floor to make the space larger. OCT 17 '01 15:20 par= ni .. 10002ioo8 Meridian City Council October 17, 2001 Page 2 Another issue is that when I spoke with Daunt Williams, building manager, on the phone last on Thursday, October 11, he stated that bonus rooms are considered a second story for "set back" purposes but not for other purposes. He proceeded to tell me he didn't think that people in one subdivision had the right to tell people in another subdivision how they can build their houses. I responded that I do not live in a subdivision, but that I have several acres adjoining the specified lots and this was a condition agreed upon to get the Thousand Springs subdivision approved. He said he would look into it and get back to me. Monday I had a voicemail from 'Steve' who said the builder is willing to take out the window. Tuesday Sherry Stiles told me the same thing. So, does the builder get away with this with just taking the window out? Is there nothing that happens because they didn't submit the correct drawings? I thought the idea of having an approval was to know they are building according to all the rules and specifications. Mr. Williams also told Sherry Stiles it was okay if the drawing is different than the one approved as long as it is on the building site when they inspect. If that is so, why bother to have an approval? Why bother to have findings of fact and conclusions of law for agreements if they are not honored? Finally, why do the builders have the right to.proceed with building a house without being inspected and signed off at each stage? Or if it is an inspector problem, why aren't they out there more timely and holding the builder to what he/she should be doing? Please look into this as soon as possible Sincerely, r 6 Marvin d ancy Hansen 2460 E. Victory Road Meridian, Idaho 83642 Phone: 8874799 evenings, 658-2407 days OCT 1? '01 15:21 Dnr� ra-i OCT 17 '01 15:21 PAGE.33 416 L and 11-2-417 D; that the development agreement snail address the inclusion into the subdivision of the requirements of. 11-9-605 C, G 1, H 2, K, L, M and the comments of the Planning and Zoning Director, Shari Sties. That the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de -annexation and loss of City services, if the requirements of this paragraph are not met. -13. That the house size requirements for the R-4 district of 1,400 square feet shall be.followed and complied with. re14. That in Block 1�4, lots14 through 21 be limited to single story detached dwellings and that; all of, the ..City Engineer's condems regarding the right of way k a w$ y designation; be incorporated as conditions of approval of the prosed annexation. 15. That proper and 'adequate access to the, property is available and will have to be maintained; that access to and from the adjacent property owners will have to be worked out` and included in. the development agreement, or the property will not be annexed or, if annexed, it will be de -annexed. 16. That these conditions shall run with the land and bind the applicant, the titled owner, and his assigns. - 17. With compliance�of the @conditions contained Herein,` the annexation and FINDINGS.OF FACT AND' CONCLUSIONS OF LAW = 22 FARWEST DEVELOPERS — THOUSAND ,SPRINGS SUBDIVISION ANNEXATION AND ZONING., __ _ OCT 17 101 15:22 lv/ l l/ vl lo: l r p 10006/008 0 C.1 y'yjC " y N 4 0 N N ate. y r— L G C O U 'vf �! r dj y 21cc' u G.1 > v c3 X cC N a� U L C L 0 '7 c U C4 C(U/1 Ci O ; M ..O 11 CI L. L,CI C C OMNI �Ln. cr cq* e� c7 toto. U ` C I W) y CA O ~ C G U U A w �. 3 Z2 c _c e.i C 5 =¢ O a) C 00 � U �D C ` 00 G�•-' ' c 72 «S " y N 4 0 N N ate. y O L G C O U 'vf cC u G.1 > v c3 X cC N a� U L C L 0 '7 c0 rn v •E C n= O CI 63 r O C1. � Q C L cr a� o M cs > c W) y CA O ~ C G U U A w �. 3 Z2 c _c e.i C 5 =¢ O a) C o � U a� C ` 00 G�•-' ' c E a� G G a� � y a. 'vim N 40 == L . M C3 N cCA c.y �+ -1:3 ate. y L 3 L G C O U 'vf cC G.1 > .. Cr U L 0 '7 c0 rn v •E C n= o .� y CI .o. U lz N: cd L 16- C V U W) y CA O ~ C G U C O �. 3 Z2 c _c e.i U �;•1"' = > ~ o v C-1 a� o O �O v• 40 == L . M C3 N cCA c.y �+ -1:3 y L 3 L G C U I CL! .. Cr OU L E rn n= o .� y CI .o. U lz N: cd L 16- C V U W) y CA O ~ C cn C • � ...� � y C e.i .� O � v• �+ -1:3 an U ti I n= o .� y > .o. U lz N: cd L L C V U cz ey x c o o W cv w Cl. l al ra i F qP R7 OCT 17 '01 15:24 PAGE.08 6 Apr 27 01"09 34a Wilson &"McCo•L1 (208)384-0442 p 2 a � .^�F✓ �, � � s� of _ THOUSAND SPRINGS RECORDINGS INDEX r DOCUMENT DAT5 OF RECORD INSTRUMENT NO, ACTION TAKEN # 1 Plat _ 08/09/99 990582841 CC&R's 07/01/99 99066174Y r 9 #2 Plat 07/29/99 99075511 t 4 1 Supplemental Declaration 11/16199 -99111120'Y Included #2 #3 Plat 09/24/99 99095206 r µ Second Supplemental 11116/99 99111119 a Included #3 Declaration a ` First Amendment '12115199 .tet 99119206 1i Changed Assessment #4 Plat 12/02199 99115471 E Third Supplemental - 12115!99 99119207 = Included Village Declaration g ` #5 Plat 02/18/00 100012748 d` ` Third Supplemental 66/30/00 100051349 J , Included #s 4 and 5 Declaration " Also called it the Third Supplemental Declaration u, r 4 _ i i n ' Apr 27 01 09:49a Wilson McColl` (208)384-0442' p.32 , f r. FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THOUSAND -SPRINGS SUBDIVISION THIS AMENDMENT is made by the undersigned owner of Lots in Thousand Springs 4° Subdivision and Thousand Springs Village Subdivision, Ada County, Idaho represcitting more than 66-2/3 of the votes of the membership in the Thousand Springs, Subdivision Homeowners Association, Inc. and is made as an amendment to that certain Declaration of Covenants, Conditions, and Restrictions ofThousand Springs Subdivision recorded as Instrument No. 99066174, records of Ada County, Idaho (hereinafter "Declaration"). RECtIRqI_U,-�Rf QUl S XUA COU11TY RECORDER AMENDMENTS: J. MV l0 tt,AVARRO 1• E,A&iiEPUT u Article 1. Refinitions. u1999 DE 15 P« 4` 01 99119206 A.1.1 Re ita . The following additional terms shall have the following meanings: A.1,2 `Board" shall mean the Board of Directors for the Association. " A.1.3 "Declarant" shall mean Farwest, L.L.C. with respect to the Lots in Thousand Springs Subdivision and Martin, L.L.C. with respect to Lots in Thousand Springs Village. Subdivision. Article 2. Clanfications of Spgcific Provisi ps. A.2.1 Article 4.3 shall be deleted in its entirety and amended by rewriting this provision -as follows: 4.3 Sidewalk Median Ntjip. The subdivision has been designed with sidewalks set r back from the street curbs by a landscaping median approximately four be 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 FIRST AMENDMENT TO THOUSAND SPRINGS SUBDIVISION CC&R'S - 1 R a , ! r Apr 27 01 09:49a Wilson & McColl Ll •� a 0 (208)384-0442 maintaining the median strip, it shall have the authority to do so in the event a lot e owner(s) fails to do so. Should the Association elect to landscape or maintain any portion of the median strip, or should the Declarant elect to do so, the Lot Owners shall reimbursi the Association or Declarant for the costs of such Owtier's Lot, and the Association shall have the right to levy a limited assessment against the responsible owner for the costs of maintenance and landscape in accordance with Article 6.1(d). A.2.2t Article 6.1(d) shall be deleted in its entirety and amended by rewriting this provision ' as follows: 6.1(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 and its landscaping 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 ofthe 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 Assessment against the Owner to pay for the costs of such maintenance and repair or correction -of tviolation 'and any other costs or, expenses, including attorney fees, arising out of or incident to such maintenance and repair of the Association. The Regular, Special, Limited and Irrigation Assessments, together with interest thereon and costs of collection and reasonable attorney fees, shall be i 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 ofthe 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 ofthe 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 ofthe Owner to pay an assessment, the lien for assessment herein created may be foreclosed upon as provided bylaw for foreclosure of a mortgage on real property and other real FIRST AWNT)WNT TO THOUSAND SPRINGS SUBDIVISION CC&R'S - 2 1 p.33 r 3 Ll •� a 0 (208)384-0442 maintaining the median strip, it shall have the authority to do so in the event a lot e owner(s) fails to do so. Should the Association elect to landscape or maintain any portion of the median strip, or should the Declarant elect to do so, the Lot Owners shall reimbursi the Association or Declarant for the costs of such Owtier's Lot, and the Association shall have the right to levy a limited assessment against the responsible owner for the costs of maintenance and landscape in accordance with Article 6.1(d). A.2.2t Article 6.1(d) shall be deleted in its entirety and amended by rewriting this provision ' as follows: 6.1(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 and its landscaping 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 ofthe 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 Assessment against the Owner to pay for the costs of such maintenance and repair or correction -of tviolation 'and any other costs or, expenses, including attorney fees, arising out of or incident to such maintenance and repair of the Association. The Regular, Special, Limited and Irrigation Assessments, together with interest thereon and costs of collection and reasonable attorney fees, shall be i 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 ofthe 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 ofthe 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 ofthe Owner to pay an assessment, the lien for assessment herein created may be foreclosed upon as provided bylaw for foreclosure of a mortgage on real property and other real FIRST AWNT)WNT TO THOUSAND SPRINGS SUBDIVISION CC&R'S - 2 1 p.33 Apr ,27 O1 09: 49a Wilson & McColl W�l -(2081384-0442 "- --p.34- property lidns.,Notwith_standin- Ig-aAnl'y!thins ,to the cont �ray contained ntained in theDeclamflon And-anyamendment the_eof, no action may be broUgh,to f6feclowthe lien,of any aft' 6n notice of default has erWritb r1as* United 0 sessment until the - 1-Iddressed to the Owner of the Lot at the been deposited in the �J'4ted K"'edma�l ' if otherwise shown known address of the Owncf, A. ;trjetleiddreis of the Lot -or the last � q, . *- A. A " _ i k � ' Such notice siWli*iJkthe amountsi on the books and records of the Assoc,61011. gal description of the Lot. and due date Of the Unpaid assessment$ and the legal k�2. 3T1lffl all be deleted in its entirety and amended by rewriting this provision as :n in zi 1= follows: levied by s the A ,sociation or the 6.2 ftraWK-01 &9se3smeUtI. The assessments )ting the recreation, for the -purpose of prow health, safety and welfare ofthe residents ofthe Subject Pro*yto carry ( )ut objectives and responsibilities of the Association, and in Particular for the improvements and maintenance Of any Common Area, Common Facilities and all n; thi services and facilities devoted to this purpose irnprovemenfs-'Z�nstruct thereon; kM Common Facilities, Area of the Common d he use and ' Yogmeht A on all and relate tO_1 ed eretoqWd payment.of taxes an insurww d inc6diiig without being T 0 -6f said property . r any part - 1 -v -_A zltt -1 tyland"amended by rewriting this provision as 6 4 shall be deleted in its entire, A.2.4 4,,, - t� v 41 tjL, t all commence as to Initial Regular Assessmen i'sh r L,rAssesL I "' _' ' I I- . Lot from he Declarant,w as to the -16 bati-212MI-18 -4 A� t�ach Lot upon the closing of the first sale Of i6ch e .f! ,femaining Lots owned by Declarant, when such ,Lots are " nod,1d6i6 96.' T offered' for We to pay` the general public'At the Owherereoshilphe sum of jn&suchti!)OrtiOn Of'the, greater. Of �ith& an`a" iiall"O'00 or any ,Declarant or therAssociat t1rated for he exiiting Regular Assessment set byo.00 paid to the Declarant tO remainder of the calendar year, "The ial $20 ncurred by the Declarant prior to the reimburse the Declarant for Association fees i igations with the pro assumption by thAsio-ciation Of the - Association's duties and Obl - Assessment paid to the Association if the rata portion of the initial Regular. ng, elected, a.board of directors, io has L , s1rst]annu.almeet1 It . "J. # Ass�tiit` n' `c6hduct6d,it obligations 11;ensej of the ed-thi 6�liga' on' and �i established a Regular Assessment, and assumed the Association has conducted its first �,Associa�l � M..... , * - , , � ' the Declarant. Until Association; otherwise, to have the full power and authority to exercise a meeting, the Declarant shall h clusive rights, duties and functions ofthe Assoclation.TheDeclaraOtslWlhaLvethe use of assessments for the purpose of discharging the duties and obfigations of the Association in accordance with this Declaration, The Association shall, upon its first -Or -,,� �#,,� g ,:- --, I- - --q rrit��* -is 't � 't It FIRST AMENDMENT TO THOUSAND SPRINGS SUBDWISI I ON CC&R! S - 3 Hpr27 01 09:50a Wilson & McColl (208)384-0442 P.35 3 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, directly or as the Association's agent. A.2.5' Article 7. l(h) shall be deleted in its entirety and amended by rewriting this provision as fellows: 7.1(h) Any lease allowing occupancy or residence in arty Dwelling Unit, or use of any portion o f any Lot within Subject Property,, shall be subject in all respects to this Declaration and each Owner shall provide each Tenant with a copy of this Declaration. A.2.6 Article 8.7(d) shall be deleted in its entirety and amended by rewriting'this provision as follows: 8.7(d) The four, foot wide landscape area between sidewalk and curb of each Lot k,. shall be landscaped by the Lot Owner with sod and Newport Pluin trees of 3" caliper or greater. There shall be one such tree for each 40 lineal feet of Lot `street frontage, including driveway cuts. Each such tree shall have a minimum three-foot six-inch diameter ring at its base witbout'sod, planted with 18 mature marigolds and 36 mature ' fuschia petunias (or such other 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 woodchips, soil aid or the like in order to maintain a weed ' free bower bed in the tree ring. Maintenance of this landscapedstrip shall lie the responsibility of the individual Lot Owners unless it is assumed by the Homeowner's Association. At the Declarant's option, the Declarant may elect to install the foregoing trees and flower rings on behalf ofthe`futureLot Owners, prior to the initial sale of the Lots. In such event, upon the closing of the first We of such Lot from the Declarant, the Owner shall reimburse the Declarant the sum of $ 1,100.00 for the costs incurred by Declarant to provide the foregoing trees and flower rings on the areas between the sidewalk and curb along the Lot. Article 3. Amfndment IQ Roof SRgcifIcation. A.3.1 In section 9.2, the specification oVi Cellotex Dimensional Series" shall be deleted and replaced with Pabco Laminated Series." FIRST AMENDMENT TO THOUSAND SPRINGS SUBDIVISION'CC&R'S - 4 F ` 3 Y- 3- f * ' a e JUL-11-2001 WED 10;42 AN-TRANSNATION-EMERALD FAX NO. 2083756750 P. 01 IN WITNESS WHEREOF, the Following Owner has set his hand and sea] as of the date and year fust above written. FARWESt,,L.L.C. MARTY LDSMITH, Member STATE OF IDAHO 4 ) -county of Ada ) jh On this _IL day of December 1999, before me, the undersigned, a Notary Public t and tae G . said State, personally appeared MARTY GOLDSMITH, known -and identified to ma to be the Managing Member of Farwest, L.L.C. that executed the instrument or the person who executed the instrument on behalf of Farwest, L.L.C., and acknowledged to me that such compsay executed the lime IN WITNESS WHEREOF, I have hereunto set my hand and alfiked my official seal the day and year in this certificate first above written ``�s,.�+"' •°s' r�Notary P�IdZho .. '•, Residing at Idaho 34 O1� �0 Comrnissirm expires: -3o'4x CI is � FIRST AMENDMENT TO THOUSAND SPRINGS SUBDIVISION CC&W S 5 4 Apr,, 27 01, 09 Sda ,Wilson lb McColl 120e1384-0442, P.36 1A la A Ap �M. % Va ; � ���Dabildi De�DigSgdN�D. t Val 4HIM It q 4,4k I r 144440444444iql a 4%4q - $6999C I 16 q -- T: P - - w 0 1 ail q I ififilit wit 6 5sPirk Rik. ..... PAW4Rwaa.wgY.5=4;r14411" w view go THOUSAND NPRING2 Audc"Affick 440- 2 I (OWSS tv wAftw S� ZACLC R*, 40 im 0 A M Qx lot I a Jiqj -Z J. p Iff it if ff' 10111N V 7Q:V M MR,411-Raf dµ L 120e1384-0442, P.36 1A la A Ap �M. % Va ; � ���Dabildi De�DigSgdN�D. t Val 4HIM It q 4,4k I r 144440444444iql a 4%4q - $6999C I 16 q -- T: P - - w 0 1 ail q I ififilit wit 6 5sPirk Rik. ..... PAW4Rwaa.wgY.5=4;r14411" w view go THOUSAND NPRING2 Audc"Affick 440- 2 I (OWSS tv wAftw S� ZACLC R*, 40 im 0 A M Qx lot I a Jiqj -Z J. p Iff it if ff' 10111N V 7Q:V M MR,411-Raf Apr 27 01 10:14a Wilason & McColl r (208)384-0442 p.3' JUN -07-2000 WED 04:53 Ft lac Nampa ID 12C 53 8745 P. 003%004 • jt:: .:.. �M:.-,::- '-:. • sa• s •. ,.�'• ,�,. - >; icer TA I �.i IR '. :A•.t .^n 'Y. - is .. 1� F aa0 � k .� 1�����.� � .�, �y•i�_}� �-�� ', i i •p�" y _��rj •r ��•t /�L t i R i E13e ��If ;tj:. M yi 1 I .1 •. +. .1 ,:a v. a • .e t- a .f d cit : .._ R Lt !moi H - so. r Sp y jb" °'i� t �. kk ale , •• tt � `• �. � •® _.� •,.wry :rt'y u "k , r a . _ •. Iii f » Rpr 27 01 10:14a Wilson & McColl [208)384-•0442• p.4 JUN -07-2000 WED 04:54 PM MB Inc Nampa ID t. 463 6745 P+ 004/004 '� Jw!'•: "'^.�:� t•._. )��. e;j�u'U ;v jv � 'r •r •.• � r:T.. 'r • .. � �!'��r�_9: tl.v.P�•�i':kr :iEji'r.'?'. w � �•r 1.�}r •�,"�'`.i. .L - ..�.'ih�,.c"y.�.. lti:.f;: V t .: :'.,r. e,�•. : e' .;.. ! r1'�••i: •r'.'v� • •v�•i''� `'-.'}dfr":1:' a._ 'ti. .,.,.... R' � ? <ii• .,r N .; .Rc .1j-. i;..i.� �d3' •^k &�'d�.Yi�.;". . •r)' •,;r<..;... ,.',j.', •'w;',o'�':-' ,y. r .•` 'J7 -i r,.-!•� �s �lriyit�l5+�. Edr�jy Z'i A ' ' :JID.iMI ' N ST •1 ... :���fillIII fit I � z • p., ..q......r.......srwba r«rar.a.wbae..,.wr •. .. � t :. a��aQ��a�ss�a�a�a�a�a�as�s�:='�l��s���aa� _ t •. Mal ► ! r•�aa�A�l�lla9l�$�3a�99:a:$4$l:ss�s$a�a!!»s..�,'r�.�� >i •;:a:alAi"aa�ta�aao�a:aaa�aoaaaas3asDaa�aaaa '.:.- . _ . �::•, Y �.. . ��1Qr868i8tlBR8811�8d0ii8/1bBi0,$aB$66166661 .y rck o 011111_ � ►a!•wa. wrier« MwYMM111b wMw . �.'� '- • . _• . a.- • �. :�R•f.y.� pq�R Ijs�s �aa��_a't��a.asas:����e����::..�.::. �� :z A' g9gg ger y�grl�l�pgM ya p '� - ., � t % eNldu�6EYi9 71AGN1!FRYl�ialir'.'F/ $id9i�'e ii� kill, A a O ���1���8ia��f�flaliiRlf#��lti!�lS��t>a�taaa.�sa:: . .1::. ON." 7 r � ��� ,� .F � t � r'"••`--�i�cbaaeoiea¢8FBd68otars�BOHQH6EOQ9e8�aH8�6iS�' . •.;� °'.� CL VN J. �. 'SAA .. �r �' . stan►a sol,wtnv snr, " � . • ,- Nb�wna.w uaaaaraarsN. ••r - �'���°• '1'�; sa�sae9sss -I '�;; ti Apr 27 01 09;34a Wilson & McColl~ (208)384-0442 pia }_ ¢ la. �a t;>.0 0&ea'Fy a: data§ x p •�S UNPLAVTED .. + UNwLA"YreD u••n �l\\ J; J .. m4 i -.$ P2i`BL tlH.i+OH��pi1�Ji�;iJ tqg O9 jY Q QQ fF,l `y _ '.a. p. f .. Q9Q>ZAn g"tlgRAp't4 lAA x K1 - »� N P+'O(1' �(M i 4g I tkW' I; a` "p-Luui:a Etpx7S.A• ':r.L=61 "p.:s Y1S::t:u 4C�-S + Pe M•�rty4r,Oi U N " .. _Nopcppilp�:�' #ppplppG''6dE ' i3' s Yk 7� x ii-TeIF "�6:'��- .(_._ - lg'a, =y ._ >,2>Yy7i'A r5 )j4 1IFR3g,m 73 Z. tEm W"E+474j1 1 1 3 64 A.. YY'Ywtu: Y"t tY y • - r w > ^ ` 13 _ AI1Y4A. � f,�YJ: A�tY51-.3 Jy ti .n,l• m r r &' 4 aa>a' •. e> � - '- » » $ �„ +��': 1 I t 1 „A"•v*•YSCMy;'( :1-A 7.;5 11 : �S:..9.An59drocmu AK, FffW_W..y - i• z �' ) 1 $ KNSta:;.;i>- x#`#r,A§'Y;: }•.v Ww w. c u I: r. , :.s.Y:&s.W.y It crL � r � 8 . 1'-• 1p� W 1 7[J r i r' I comms iae _,. #r �a-:`Jry�ti•I#w.•v ,.tex - jJYli I _iu �. r c t m,w.amo..7o •. f� .,! n . .3. V 'at ii.81�-s'ff.,�T� Z Y E S px5 <:i f ii��a • x"AA96���6JR'dR�� y N -Irk . t, • w � � � � � . & , ealJ- � • `g. � .•t-c�a f�,y i yy Fl r �� `- � [ '. ..4 -.1{ +; v .^.m >. h• o 'ka � a yo lA' u, ..a e. � I 'if:,:FL"-''YckTYLY.i�-C:.Ct Iriz6 " r_�iyfa• M. 'ri S' 9e''•` a 8 ,`a,tv T, Y-; L •fN:::E'rK': :V: x' -+:t�' Rli m. ;1 [ 4 PWti FtAIS A r y4i'` • f'. z. In , o $. [+ $ a, \i 'b '•� "Yr -.� -I s.a�ar •ara:.I:Y»e=ns � � >u .[.. - �A, s � . a• r. a s. � l ' I r;-„ .g.�r•..t tigy,sryt r �`.� •' a �,a Y° sn'c�i; f3 to +• «� �, F+ttU 5rxse a usexrsD . �•, _ f,+ e ,',}gyp°. .. b `'J F ,14r'+�Y-isle%Fx;F',T!v?} „ ` -„f - -- $ � r =$ » 'j' "';•+� ” a � s.' a yc� s t[�, •i9� 71. ?°°° - ' -ear •+• YI; 4 ,,, :� a� .. F � pj E?S`F-'�yy�° Qpq�Sy ... s, Y' irE:?Ql:B�?xl�i AAi_£a'FF� I. [,Oa ,, •. raw -, �@. '° � `s� •ss',r ma iqe s; ,:tl > � a: zd r _ !e"yx A Y f•Y z. ,� is $ . i r�. .4 ', r a S, u 4 1 i .�IJriHDi+BaTie;{'�Lvo"b�` 1; ` afoe°. to g + I Se"Q 3 R: 388AtlE>.FSit'Ji.^39 .�%f f— ao.00i S. NOW RANCH � lµ �. :;lS«9'.v'.: Ss.:.s�"�8. ayf� - , w a .f ra. .yal^•. _m.»_. ,. +, I S mtil 7 > 4•r IM >tyneaoz rr•C}°� �• I w i�€avtiFasUrn'�rC.'t:='sas" yf .}u -•, �_•$ _;. a.a p a d.YBYFlyY.>...:A•.C.-..jsQ u:ltbR L.8.s28;6Y+: ty lw pQf - r. • -no' '� a ._ _ r e y u le - m *6. sl 4-=_N �; CY I 1iRigi�=:••"•�. ([8::�'a8 ;CL4 �rvle .. ,n.m^ a� �.� .n.n R ^eoaol i.— + 4'•+a a��¢,fsrjAa s s,.'i _ ,.» ..�.9Y — - _ — �$ ` x,r. __+__,J 1 n . $w,OLT911 3_H'00.00 8(OASIS Or KAMMO) si [ Kl #c •`r crC;y SOUTH EAGLE ROAD ' xa ffn tA::.Ubs.4:r• �a n 1 1 'PF "'� JH A 61r f� 6l'i r.r'v bt. `. I:G.'.LL��' 1 •• xi � •,�.., USb5XR6 � t. tit �, qg � � zalz1l!a zogsysar x::'trcF •Ot s4 .y fp" - r yS,Gy-wg4YY i1j>:>gaxiyt Yi?RII j.� -„ : ' &8$�rG kaKi4�t$x$►:-i4#BYt;� + z e x :s+snce :_._� � - w' i.. w 85:;4^��acti,1�auMyCUti-B�$z$^ I�[ u� o • •p ® � a� ` y-.. < to •ew•. n.+n ^n n..nn ' xYakJiaf+. .",fiG 5 E 1w x 9Fibbsi:"" -Y.Cb# 8 1' AQJlr�otC .>: a,rz1?=rq�a�,"•���a� i � x _ -94 Q II Y f�4n 4Y3 t a. i'` Y'" § # § 'z Yi 0, " �M r -. :, r ., • v r 1- r g iq� q.3r .N •- �! N; �}��v i t7 r r .ivy �•t�jr,,>.r \ ., a9 Ati xq �j ,y € e �s +�..2 d-;1� x�r� '^ '^:' g8 s[, g }� 685' is Jiw r,,; - a 1s ny� a w @ Br a list st £ q y1 Aix RE o g n m ice!] €.. p g� $"�.� ', � � S q � � t.�. �+f � x a •`. 'Cjiii 8S 8�;� y �� � � a � \ ch O 10 tz a A.£ a 1J9q .7 s ; A C) i a �I a.lag 9fin g �_-tea gK+c O 01 it 91St a. 4 -9 0(1 4 } a s ^ a r Apr 27 01 10:12a I r 'Wils'on 6 McColl" -(208)384-0442 THIRD SUPPLEMENTAL DECLARATION OF COVENANTSq& CONIDITIONS AND RESTRICTIONS OF THOUSAND SPRINGS SUBDIVISION THIS THIRD SUPPLEMENTAL DECLARATION is made as of the 15' dayNovember, 1999, to the Declaration ofCovenants, Conditions and Restrictions ofihousand Springs Subdivision, Instrument No. 99066174 of the Ada County Recorder's Office, by Farwest L.L.C.; the "Declarant" 41 therein; and by Martin, L.L.C., an Idaho limited liability company. RKITA,LS a A. Martin, L.L.C. is the owner of certain real property. in Ada County, State of Idaho, more particularly"described as follows: Aft of that certain -real property included" and described in the Plat of Thousand . Springs Village Subdivision, recorded in Book 79 at pages 8409-8410, Instrument No. 99109950, records Ada County, Idaho. The above described parcel of real property is hereinafter referred to as the "Annexed Property," B. The Annexed Property is contiguous to that certain real property in Ada County, State of Idaho that was subdivided by the Declarant and made subject to the rights, privileges, restrictions, covenants and easements provided in the referenced Declaration. . C. Pursuant to Article 11 Annexationiof the referenced Declaration, Martin, L.L.C, .. desires to impose upon the Annexed Property, the rights, privileges, restrictions, covenants and easements provided for in the Declaration. D, The Declarant consents to the annexation of the Annexed Property pursuant to the Declaration as if the Annexed Property was owned by the Declarant. ARTICLE 1: ANNEXED PROPERTY. 1.1 Annexed ProRerty. Martin, L.L.C. and the Declarant hereby imposes upon the Annexed Property all easements, Conditions, covenants, restrictions and reservations as set forth in. the Declaration and any Amendments thereto, and the same shall run with the Annexed Property and be binding upon all parties now or hereafter having right, title or interest therein or to any prt thereof. P.�qut;NY)AYDD �°9cPUT't Third Supplemental Declaration ofCoy�e r � and RestnctiJ� -� s. RAvr tinAi 3 g t 9 ZO k j }r r ` r 'Wils'on 6 McColl" -(208)384-0442 THIRD SUPPLEMENTAL DECLARATION OF COVENANTSq& CONIDITIONS AND RESTRICTIONS OF THOUSAND SPRINGS SUBDIVISION THIS THIRD SUPPLEMENTAL DECLARATION is made as of the 15' dayNovember, 1999, to the Declaration ofCovenants, Conditions and Restrictions ofihousand Springs Subdivision, Instrument No. 99066174 of the Ada County Recorder's Office, by Farwest L.L.C.; the "Declarant" 41 therein; and by Martin, L.L.C., an Idaho limited liability company. RKITA,LS a A. Martin, L.L.C. is the owner of certain real property. in Ada County, State of Idaho, more particularly"described as follows: Aft of that certain -real property included" and described in the Plat of Thousand . Springs Village Subdivision, recorded in Book 79 at pages 8409-8410, Instrument No. 99109950, records Ada County, Idaho. The above described parcel of real property is hereinafter referred to as the "Annexed Property," B. The Annexed Property is contiguous to that certain real property in Ada County, State of Idaho that was subdivided by the Declarant and made subject to the rights, privileges, restrictions, covenants and easements provided in the referenced Declaration. . C. Pursuant to Article 11 Annexationiof the referenced Declaration, Martin, L.L.C, .. desires to impose upon the Annexed Property, the rights, privileges, restrictions, covenants and easements provided for in the Declaration. D, The Declarant consents to the annexation of the Annexed Property pursuant to the Declaration as if the Annexed Property was owned by the Declarant. ARTICLE 1: ANNEXED PROPERTY. 1.1 Annexed ProRerty. Martin, L.L.C. and the Declarant hereby imposes upon the Annexed Property all easements, Conditions, covenants, restrictions and reservations as set forth in. the Declaration and any Amendments thereto, and the same shall run with the Annexed Property and be binding upon all parties now or hereafter having right, title or interest therein or to any prt thereof. P.�qut;NY)AYDD �°9cPUT't Third Supplemental Declaration ofCoy�e r � and RestnctiJ� -� s. RAvr tinAi 3 g t 9 ZO k j Apr 27 01 10:13x' Wilson & McColl (209)384-0442 1.2 common Ares The following Lots of the Annexed Property shall be additional n common area pursuant to the terms and conditions of the Declaration: Lot f, Block I Lot 1, Block 2; Lots 18 and 20, Block 4; Lot 9, Block 6, and Lot' 19, Block 4 °each of Thousand Springs Village Subdivision " 13 Pte; "Plat in reference to the Annexed Property shall mean and refer to that certain plat of Thousand Springs SubdivisionNo, recorded in the Ada County Recorders's Office, Instrument No. 99109950, which plat covers and subdivides all of the Annexed Property. IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date and year first above written. FARWEST L.L.C. xf. k By MARTY LDSMITH, Member MARTIN, L.L.C. JUS N MARTIN, Member STATE OF IDAHO, ) G as. County of Ada. ) On this day of November, 1999, before n►e, the undersigned, a Notary Public in and for ,said State, personally appeared Marty Goldsmith; known and identified to me to he a Member of the company that executed the instrument or the person who executed the instrument -on behalf of said company, and acknowledged to me that such company executed the same. ti IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day , and year in this certificate first above written. " S.s Notary Publ' r Idaho .1 j 10x 01 Residing at Idaho o x ' Commission expires: Third Declaration of Covenants, Conditions and Restrictions - 2 Apr 27 01110:15a Wilson &1McCo11 (200)364-0442 p'.;5 A; RECORDED -REQUEST OF THIRD SUFPLEXWM'4YjM"' TION PA�O�MT M AL i I CON(I J�IjfflM'" ffRICTIONS Q10 0 0 5 13 4 044"V ;r iii 310, to IQ69 0 Lj Y THOUSAND SPRINGS SUBDIVISION THIS THIRD SUPP ' ENYAL DECLARATION is made as of the 2e day of September, 1999; to the Declaration 0 f o4nants, Conditions and Restrictions ofThotiiand Springs, Subdivision, Instrument No. 99066177;Xf the Ada County Recorder's Office, by,Farwest L.L.C.,the "Declarant" therein. RECITALS A. w Declarant is the owner of certain real property in Ada County, State of Idaho, more particularly described as follows: All, of that certain real property included ' and " described in the Plat of Thousand Springs Subdivision No. 4, recorded in Book 79 at pages 8457-9458, Instrument No. 99115471, records Ada County, Idaho; and all of that certain real property included and described in the Plat of Thousand Springs No. 5, recorded in Book 79 at pages - 8534 -8536, Instruinefit No.. 100012748, records Ada County, Idaho. The ' above described bed parcel of real property is hereinafter referred to. A the "Annexed Property." B. Pursuant to Article 11 Annexation of the refirenced Declaration, Declarint desires to impose upon the Annexed Property, th6 rights,. privileges, restrictions, covenants and easements provided for in the Declaration. ARTICLE 1: ANNEXED PROPERTY. 1.1 Annexed kroperiX The Declarant hereby imposes upon the Annexed Property all easements, conditions, covenants, restrictions and reservations'as set forth in the Declaration and any Amendments thereto, and the same'shall run with the Annexed Property and be binding upon all parties now or hereafter having fight, title or interest therein or to any part thereof. 1.2 Common Area. The following Lots of the Annexed Property shall be additional,r common area pursuant to the terms and conditions of the Declaration: Lot 39, Block I Lot 55, Block 4; Lots 32, 47, 60 and 63, Block 14; Lot 1, Block 19 ry Third Supplemental,Declaration of Covenants, Conditions and Restrictions t. I Apr 27 01 10:15a Wilson & McColl (208)384-0442 P.6 1.3 But. "Plat" in reference to the Annexed Property shall mean and ref rto that certain" plat`of Thousand Springs Subdivision No. 4 and that certain plat of Thousand Springs Subdivision No. 5, recorded in the Ada County Recorders's Office, Instrument Nos. 99115471 and 100012748, respectively, which plats cover'and subdivides all of the Annexed Property. > IN WITNESS WHEREOF, the Declarant has set his hand and seat as of the date and year first above written.. FARWEST L.L.C. LTY%L SMITH, Me�er STATE OF IDAHO,,) as. County of Ada. ") On this day of,Jaiy, 2000, 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 company that executed the instrument or the person {who,executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF; Lhave hereunto set my hand and affixed my official seat the day and year in this certificate first above written. Notary Publi or aho seat# % Residing at VIA4 A Idaho Commission expires: q C S 0 � � 04 p t F r. Third Supplemental Declaration of Covenants, Conditions and Restrictions - 2' t . ;a t Rpr 27 01'1'0:13a Wilson 8. McColl [208)384-0442 p.2 STATE OF IDAHO, ) Comity of Ada. ) 44-, ��cembet' On this _10 day of NeveiWik 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared Justin Martin, known and identified to me to be a Member of the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the some. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal`the day and year in'this certificate first above written. �o...•�o•...,,, Notary Public fo Idaho `�.�tOHNso� Residing at=- ,Idaho ° .•s Commission expires: -o —1,6 `� 'r 4�®KARY• �c _ .. P F i a T t s Third Supplemental Declaration of Covenants, Conditions`and Restrictions - 3 a Apr 27 01 09:35a Wilson A McColl (209)384-0442 p.4 7 DECLARATION. OF COVENANTS, CO MONS AND RESTRICTION&OF THOUSAND SPRINGS SUBDIVISION THIS DECLARATION is made 83oftha day of June, 1999, by FARWEST, L.L.C., hereinafter referred to as "Declarant." RECIrALS:. A. Dec6rantlerw'est, L.L.C.-is `the owner of -certain real property in Ada :County, State of Idaho, more particularly described as follows: E. All of the land within th's boundirles of Thousand, Springs Subdivision No. 1 according to the plat the'reof, recorded _in,,8ciok _U Of Plats, -at . pages 92y 6 Records'of Ada County, State of Idaho.` The above described parcel of real property is hereinafter referred to as the "Subject Property." 8'. Declarant,desiies to Impose upop, Subject Property certain protective covenants, conditions, restrictions, reservations, easements, Ili)ns and charges for the benefit of Subject Property and all present and subseque I nt owners thereof,and all a. conveyances of Subject property or any part thereof shall be subject . to this Decliration; N 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,there'of, and shall inure to the 64nefit of each owner thereof.-- -o Article 1. Defin'ins. 1999 DE 15 PH 4,`o 1 99 119206 A1.1 Itecft4 The following additional terms shall have the following meanings: A.1.2 "Bmard" shall mean the Board of Direabrs fortheAsiIociatidn. A. L3 "Declarant" shall mean Farwest, L.L. C. with respect to the Lots in Thousand Springs Subdivision and Martin, L.L.C. with respect to Lots in Thousand Springs Village Subdivision. DECLARATION OF COVENANTS, AGA COUNTY RECORDER CONDITIONS AND RESTRICTIONS 1 j. IDAvii3 NAVARRO DEPULTY 'r 'FEE "Ep 6 1 7 9,906:6074 1999 JL,:- I PH I.i: 2'G .......... 6, lk ESCROW TRANSNAM210NEA ESCROW qpr 27 01 f I r) 09:35, W11son & M' -C (208) 384-0442-- 42 G1v*1 1141P�rftildlng" includes any Dwelling Unit, 4ouse, garage, or any other partially or fully enclosed building, shed or other structure, consisting of one or more wall& or -roof. TA`buirdl6g,L includes Bilock*barns,�sheds,,��a�nimal 1 enclosures which,have a � — k.- 1�, 4 , 'A4—k Oa-rhlil 'oe full -roof impervious tWwaterJnWholeqrin. pa,rt, and similar'strucitires. -11.5 ' "'!CbrnmofiAie,47 shall-:mean,and -refer, to: Lot.l,.Block, 3; Lot 3, Ld�t 2 '1 ,B'lock 4, -" Lot 4;,Lot,33i Block 4Lot '6,; 1,.Bloc k . , Lot 7, ., Bio I ck l Lot J 1, Block 2; Lot 1, Block 5; and Lot 2, Block 7 of Thousand _Spriiigs'S6bdMslon No. 1, and 'tolariVldt• drrpardel- designated -as-, Common,, -Area In the -final, plat, -of -the (4�`$WUWivW6n,'brin*a S60pleniental Declare,tion"subjecting additional realproperty .to this bi6lifati,66! 'Lof1'2,,,Bldck-4; is-a,Common Area Lo t p rii�ar ii 'y 'for retention pond/drainage basins, which Lot together with any other Lots so designated in aU'Ople'ii*n1al'D6cWrat1on shall, bejeferredto- as�N.Dralnaqe Lo, ', 1 ts,v Owl �C�7. N# 'C'J',6kL"Common _,,Fac1116es" shallmeanand refer to those physical improvements constructed by Declarant upon Common Area or upon the 'uvrity easement Waif eadh, Lot includirig; without limitation, benches, bridges,alkwaysand pbdestrlW, Oattfs,,-drairiagii�zfa�cilities,, -streams, waterta"11i" ,wand waterways , -and s0ec id6ilV"1ncl6din6 the - 'w rought iron fence that borders -iheki'd'anb-a4u'gh"'da'nal. Common facilities shall not include the pressurized irrigation system unless and until 1tWC66veyid tothe Ass6ciation;: it being. the sr)ecific,intent,of.the;Declarant that the pressurized irrigation 'system shall be installed by the Declarant ,anId sha tie conveyed to'thiiWampa and,. MerldlanIrrigation, t)istri,c,t,,,together,wixn.an.easement.over each 1, # acid i - , � , " � , . , system � '_,"L:6t_jrjdr CdMffon"Area'for'.ttfe,-installation,-operation and, maintenance of the system by the District. ry 1.7 "Declaration" shall mean this Declaration. r1 8 I "DOW1169'Unit",shall mean that portion or part'OfLany struct64• i6tein'4ed to be'ccdupidd-asrt"single'-famlly!resideRce;ttogqther-with .,th6 4filcular parking t6 i , -ch'dwi6ilingitinif and, all, w� �g- .garage next u projections. therefrom. -17-1 1.9 "First Mortgage" shall mean any Mortgage possessing or holding a lien on -a Lot' Cany'pdri-,ther6of ;priorjo,,any other- VA0CrFZr.§t Mortgagee"-.1means-Mortgagee who holds,a First -Mortgage. A T"3 r-1111. i)%;', JX,1 .--ra if a JS.% Ak- OECLARAffWC.- 6F"66V&A* NT'S",'O V�. V"'CO-NDifiCiliS'4NDRESTRICTIONS --'2;). I Apr 27 01 09:35a Wilson &•McColl' (208)384-0442 1.11 "Cor(s!" shall mean and refer to the plots or tracts of land Comprising the `Property, designated by lot numbers on the plat,"or any'"resubdivision thereby except the Common Area. 1.12 "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 persons_ 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 noit 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 owneis having title, rnerely for security for the performance of an obligation. { 1.16 "Plat" shall mean and refer to those certain plats of Thousand Springs Subdivision to be recorded in the Ads County Recorder's office, which plats cover. and subdivide all of the Property. 1.17 "Properly" shall mean the property defined as Subject Propertyin 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. o ARTICLE 2AHOMEOWNElEiS ASSOCIATION. 2.1 Emit• It is contemplated that simultaneously with the execution and recordation of this Declaration, the Association will be incorporated and will adopt By -Law's for its governance. To the extent the Articles of Incorporation or by - Laws of the Association conflict with the provisions of this Declaration, the provisions of this declaration shall control. 1.2 Membershlo. 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 u exercise the privileges of Membership. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 Apr 27 "01, 09: 36a, W j 1 son 9 Mc£CO 1 1 '` is t 206) 384-0442 P. 7 w t 2.3 Classes of Voting ernberA.- The Association shall have two classes of voting membership; however, all votes shall be equal and counted as such, except where v®ting by separate classes may 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 g. 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 A membership and in no event shall more than one vote be cast with respect to any Lot. Ib) 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) F when the Declarant owns ten percent (10%) or less of all of the Lots which are part sof the Subject Property�and any additional property annexed or to be annexed under Article d.. Until that time, all Association matters, including the right to amend this Declaration, shall be governed,by the Class B member. t � w ARTICLE 3: RICHT5 RESERVED BY pQCLARA�i(i 3.1 Notwithstanding anything to the contrary contained in this Declaration, Declarant expressly reserves unto: rve; la) Itself, its, successors and representatives, contractors and their subcontractors easements and rights-of-way on, over bnd across al or any part of the S 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, ander 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 aother 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 rthe level and condition that existed prior to the doing of work;.and t , 'f DECLARATION OF COVENANTS, COMMONS AND RESTRICTIONS — 4. of k a 1 t p. . D a I W A'pr 27 01 09:36a Wilson & McColl a (208)384-0442 s (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 easernent ten (10) feet wide, inside the boundary of each Lot and the' Common Area adjacent to the right-of-way for construction, of a pressurized pipe irrigation system will be conveyed to and operated -by the Association or the Nampa - Meridian Irrigation District. Groundwater appropriated for the. domestic water system will be owned by the`City of Meridian. ARTICLE 4: MAiNTENANCE.. 4.1 Resl2onsibilities. Among its other responsibilities, the ilssociation 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 Comrvon 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 y 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. F 4.3 Sidewalk Median "trio. The subdivision has been designed with sidewalks setCfth' 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, maintenancesand landscaping of the median strip in front of each owner's lot shall be.the r6sponsibility.ofthe 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 the Association elect to landscape or maintain any portion of the median strip, or should the Declarant elect to do so, the Lot Owners shall reimburse the Association or Declarant for the costs of such Owner's Lot, and `the Association shall have the right' to levy a - limited, assessment against the responsible owner for the costs of maintenance and landscape in accordance with Article 6.11(d). _ I DECLARATION OF COVENANTS, y CONDITIONS AND RESTRICTIONS - 5 Apr 27 01 09:37a Wilson McColl (208)394-0442 p.9 4.4 aniemer,t. 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 MWntenance of Drainage Lots. Heavy maintenance consists of ,periodically inspecting the Drainage Lots to insure they are functioning properly; cleaning out"the piping and mucking out"the Drainage Lots when the sediment level, exceeds the -designated storage level. All other maintenance of the drainage Lots shall be.referred to herein as "light maintenance." -Ada County Highway District (ACHD) has opted to perform this heavy maintenance and shall be allowed, by the Homeowners Association, to perform this maintenance work. in the event ACRD shall decide not to do such "heavy maintenance" then the Association shall do it. f 4.6- EasfkmeatIdACHD foHeavy 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 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 ACHD, 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 Qrainage 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 copids made available to any interested party upon request. Said Manual for Light Maintenance is incorporated herein by this reference. ARTICLE `S: P8QPEBJY RIGHTS 5:1 Owners' Rights of Enfovment. 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'acces_ s to such areas and facilities as -may be adopted by the Association. 5.2 D@digation. The Association shall have the right to dedicate or transfer all or any -part of the Common Area or Common f=acilities to any public agency, authority, or utility for such purposes and subject to such conditions as may be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 F Apr 27 01 09:37a 'eyilson & McCall ('208)384-0442 p. agreed to by the members of the Association. No such dedication or transfer shall s, be effective unless an instrument agreeing to such dedication or transfer has been approved by two-thirds of.the membersof the Association. 5.3 Imor ve ents. The Association shall have the right, in accordance with ' its t'Articies and Bylaws, to borrow money for the, purpose of maintaining Wand improving the Common Area and Common Facilities and in support.thereof to mortgage said property, provided the rights of such mortgagee shall at all times be y subordinate to the rights of the Owners under this declaration. ` ARTICLE 6: AS SCENTS y 6.1 Creation of Lien and Pers nal QbIi9@jiaj3fgfAAss se smuts. ,- F Each Owners by acceptance of the deed therefore (whether or not it shall be k so expressed`in such deed) is deemed to covenant and agree to pay: n (a) To the association or Declarant, regular annual or;"other regular periodic assessments or charges ("Regular. Assessments"), Fr. 3 w '(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 i §43=330(f) "for the operation, maintenance and repair of .the pressurized irrigation' i 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 8YSTEM IS NOT DRINKABLE; EACH OWNER SHALL BE RESPONSIBLE TO INSURE THAT'IRRIGATION WATER WITHIN THE BOUNDARIES OF THE OWNER'S LOT ISNOT CONSUMED BY ANY PERSON OR USED FOR CULINARY PURPOSES; and ' t 6.1(d) In addition to the Regular and Special'Assessments, the Association shell have v the power to levy a Limited Assessment against Owners and Lots for maintenance and repair of any Lot and its landscaping dr any improvement .on a Lot, if such maintenance and repaii is necessary to preserve the quality of the subdivision; and/or to correct a violation ofthe Declaration or any amendment thereto or the ACC Rules. No such Limited Assessment shall be levied until (a) the Board or ACC has given g $ 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 V 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 Assessment"against the Owner to pay for the costs of such maintenance and repair 6r correction of violation and'any other costs or expense's, including attorney fees, arising out of or incident to such maintenance and repair of the Association. } _ a The Regular, Special, Limited and'Irrigatiod Assessments, together with interest thereon and costs of collection and'reasonable attorney fees, shall be a charge on the I Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, togetherwith interest, costs of collection and reasonable' attorney fees, shall also be the personal obligation ofthe Owner at the time whdn 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 7 assessment, the amount ofthe 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 ofthe Owner to pay an assessment, the lien for assessment herein created maybe foreclosed upon as provided by law for foreclosure of a mortgage on real property and other real a r � a f A'' Rpr 27 01. 09:37a Wilson & McColl (208)384-0442 property liens. Notwithstanding anything to the coritrary'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 ofthe Lot or the last known address of the Owner, if otherwise shown on the books anis 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 ofthe residents ofthe Subject 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 -Puroose of Assess ents. The assessments levied by the Association or the Declarant shall be used exclusively for,the purpose of promoting the recreation, With, safety and welfare of the residents of Property and to carry out the objectives and responsibilities of the Association, and for the improvements and maintenance s of any Common Area, Common Facilities and all improvements constructed'thereon,5 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 the Property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS • 8 r W 6.4` Assessment Limitations., Until January 1 of the' year immediateiy following the conveyance of the first dwelling Lot to any Owner, the maximum Regular Assessment shall not exceed $240.00 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 kwria w the assessment by more than 5 % for any given year, there must be a vote of two-thirds of the members''affirming any such increase at a meeting duly called for this purpose. The Hoard of Directors of the Association may fiz the Regular Assesaywnt at any emount,equal to or Was than the` maximum. L u 6.4 Initial Rent r Assess' tents. 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 We to ti the general public. At eachsuch closing, the Owner thereof shall pay the sum of y $200,00 and such portion of the greater of either an additional 5200.00 or any existing Regular Assessment set by the Declarant or the Association pro rated for the remainder of the calendar year. The initial $200.00 shall be paid to the Declarant to reimburse the Declarant for Association fees incurred by the Declarant prior to the . _ k ' 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 9 meeting, the Declarant shall have the full power and authority to exercise all of the rights, duties and functions ofthe 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 c(' Declarant, directly or as the Association's agent. ` 6.6 Assessment Due Date. The due date for Regular Assessment shall be May 1, unless some other due date(s) is,estabhshed 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: 6.7 laterest 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 lie 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 DECLARATION OF COVENANTS, ' . CONDITIONS AND RESTRICTIONS,- 9 Y u a r OL - SNOIJ-DIULS3d aN* SNOLLIaN00 'SJ-NYN3A00 :J0 NOLL` HV'103a •ja;sueji jo ales yons of joud anp swooeq aney 43114m siuewAed 01 se sivawssasse yons ;0 USE ayi 4sm8ulixe lleys '101 ayi do J9unnp Joljd e uey, �e14,O uosjed Aug Aq P1ay s! 989B4joW 9141;1.'ajnsolo9Joj 9BOvOW a of 4uensind 10, Aug 10 ja;sugjl jq ales e41 4nq 'Uell ivawssesse ey, loe};e lou ells u eoe4 Ja; Aug ;o ja;susj4 JO eggs .jJ56 joyM isJ1 Aug }o uel{ e4, of a}eu!pjogns 9q 11 4£ •9 P9PlAojd sivawssssse;o u9l 841 ' •jeunnp 941;o siol jo 10 ayl-sul86e uall 9141810106Jo; jo awes 9141 Aed of pe,eBllgo Alleuosied jaumo ayi lsuleBe uonoe ue Bulaq Aew 04 uo�ieloossd aid'wnuue Jed (%Z 0 lusojed eAIGI ;0 81-BJ Auerej 9141 ie elep anp 9141 wuy ain isaja4ul jeaq I194s glop anp ayi J9:49e sAep (06) !yl u11411M P1ed lou iu�� V9 •uo8�ey, 1►uR Bul119I a eAe4 lou scop jo peAoidw!un s! lob"Aue 80eoeq pannolle eq 11945 e,eJ juewss9sse ul uolionpej Jo 9lej leloeds vu pue sd ieioas Ild '1014080 jo; lunowe lenbe 'sio"lie of Ajdde Allenbe lle4s sivaws 10 amu- wippan L L'9 ue ul pexl} aq 4snw sweLuss9I 18139dg ' TUDLUsgOssV •Axojd Aq jo uosied ul J9y194m Bugeow yons ,e paJ!nbaj 9q lle4s aloA 01 palilwe uo(ew pJlyi-euo a ueyi ssel iou ;o wnjonb y •Buli9ew yons 4e sjequuew ayi ;o Al. 9014ou 4onS p9J9p!suo3 aq of sl wewssesse lot oft a 4e41 ale3lpul Allegl;}olds 111149 •Bullaaw yons ;0 9ouenpe u! sAep (OZ) AiugI ueyi ssal lou sjegwew ualel0ossy e Bunl9w ;o asodJnd 914E �o; pe11e3 5u!499w Ile. of lues aq lle4s weWssasse le!oadg 1107pue BORON OL -9, Aug ;0 9014ou ueu!jM -poulelgo s1.9sodind sly, jo; Pelleo Alnp Bu!1e9w ayi le Axojd Aq jo uosjed U BulioA eke oyN► sjequiaw asoyi Aq Pej Aije6ojd euos ed Pug saon4x� A�lgw Jessa au s ;0 4ua9sg 941 popinoid 'oia�ayi- Pel 1 deo . 9141 Bulpnl3ul selil113B� uowwo� Pus eajd uOwwO� 941 uodn lueweAojdwl lei! pequ3sep a }O 4uewa3elagi jo iledej ppl3adxeun 'uol,0nj4suo3aJ Jo u0113i�jisuo3 m u! 'BulAB40P ;o esodind e41 jo; 'Aluo AGA Aug, ;0.4803 041 ,J� ul JO e104 4941 of alggolldde wow999I leloodS 0 'Jg9A wewssasse Aue ul Mel AM uoliel3Ossd e4i 'S UgwgsgnV jelnbaa 941 of uOlilppe of .1"Umucoevvy 6.9 •aouenpe '>:lsg jalJenb a uo jo 'yluow Jed 41Z L/ L 's!seq A114luow a UO ul jaijenb jed 14,p/.L q M S'9 pelllq eq Agw 4uews99I jeinbee 9141 ` •4uawss9sse ug ;0 4uewAed•uou;0 waA9 841 ue pjeOq 914iu 4 of 81481!ene uo!ioues JO euue3jO;ua 10 14B!j je410 Aug O Hell u! m r 6.14 Enforcement of Common Arca Maintenance. Notwithstanding that the 'Associationiscobiipeted 'to`Amaintain-the Common Areas and, Common Facilities conteined'theiein at'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') grid/or,the'Nampa.MwWlan Irrigation District (NMID) may elect to �meintalW any parte or''faclllty �ofy,the, Common, Areas defined. herein :'should the ¢ Association dr 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 and/or NMID shall, before undertaking maintenance of said Common Areas, provide written notice of 'its nand/ora,their;°intention,- o begin lmaintenance, of the defined °Common Areas 6f Common” Facilities within, a, thirty (30) dayk period, within which time frame 'the 4s'bdWion*msy.undertake toyinitiate "I cont4ude all mainte nonce defects l as ideniified`by �'Merldian, City, -ACHO � and/or, ,NMID. , M the event that., the - �Aasociation shat: fail to commence'and conclude maintenance of the defined Com+non -Areas a 7Conirnon'Facilities:-. Meridian City, ACHD and/or iwwlD are hereby granted an irrevocable license and easement to enter upon any portion of the Common Areas to perform inspection 'and -maintenance. -Should Meridian. City, ACRD and/or NMID engage in maintenance of:the defined ,-.Common Areas_ or. Common Facilities.after having' provided notice: to`nhe Association -and 'hsving provided notice to the Association and having provided the Association1 an opportunity to undertake said maintenance, the' Meridian' City,,uACHDyand/or, NMID .shall -be entitled to and £e`mpowered to file a ratable, lion -against ail;Lots within7housand Springs Subdivision with. power of sale as"toe4ach �andr every. Lot to secure,payik ent of any ands {ail " 'assessments levied `against any and all Lots in Thousand Springs,Subdivision pursuant to this -Declaration, together.'with interest at the rate which accrues on judg`meints and all costs of coilection'which may"be paid ouin'curred by Meridian City, ACHO and/or WltD in connection therewith. , Meridian City;,ACHD,and'/or; NMID may exercise their rights under Idaho Code -.by' .assessing_ the Lot, Owners and certlfying . those ,assessments in the sameAmanner as. real `property taxa This section shall not, be amended without prior written approval from Meridian City, ACHD and/or NMID.' The , Association'shalLnot be'dissolved-or:reifeved,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., Y ARTICLE: 7: PROPERTY USE RESTRICTIONS The:.following restrictions shall be applicable to Subject Property and shall be for the -benefit of'and.limitation $upon all' prosent anti fudure Owners of Lots, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 11 a or any Interest therein, and the Association, which is hereby empowered, In addition to each Owner, to enforce the same: (al 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 then two (2) domesticated dogs and/or cats or other small household. pets which do not unreasonably bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets_ shall be on a leash° when not confined to an Owner's Lot. 4 (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 ail 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 locatiomand/or screening of said items. No commercial vehicle, trucks , 5 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. a - (g) No noxious, offensive or unsightly conditions shall be permitted 16pon any part of any Lot, nor shallanything be done thereon .which may be or becorne an annoyance or a' nuisance to the neighborhood. r o %~ 7.1(h) Any lease allowing occupancy or residence in anyDwelling Unit, or use of any portion o f any Lot within Subject Property, shall be subject in all respects to this Declaration and each Owner shall,. provide each Tenant with a copy of this Declaration, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 e a t k i , t € ii 6 T ' ti F1: 3G a- } 9 F _ 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. r 8.2 Set Backs. The front lot line for each lot is located approximately two' feet into the side walk, and although the current Meridian City zoning ordinance for this current subdivision- permits a,twenty foot front yard set back, it is a specific requirement of the City of Meridian and a specific building restriction herein that all dwelling units be set': back twenty feet from the back (lot side) of the sidewalk. This set back is depicted on the front yard set back schematic attached as an exhibit to this document. - 8:3 Dwelling Unit Size. No Dwelling. Unit shall be constructedor 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 affect of height on other properties within the subdivision and succi other facts as maybe reasonable. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2) standard size automobiles. No carports 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. Ai! outbuildings shall be constructed of similar DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 F ,� , or co'mpatibis exterior materials with the Dwelling Unit so -gas to be aesthetically compatible therewith. 8.6 Fences. All Lots'shail have an enclosed cedar -fenced or wrought iron fenced backyard, however, no fence or wall of any kind shall be constructed on a Lot- -unless the plana and specifications therefore; Including the Wcadon, design, material and color.thereof, have been approved In wrking by the ACC prior to the construction or, installation. All fences and/or walls constructed on a Lot shall be In compliance with the applicable ordinance of the City of Meridian, Idaho. " All fences and walls shall, be subject to the following restrictions: (a) No fence or wall shall be permitted to be constructed or installed on any portion of a berm constructed by the Declarant in Thousand Springs Subdivision. (b) Fences and walls shall not extend closer to any sidewalk than twenty feet (20') nor project beyond the front setback of the principal building on the Lot. No fence higher than six feet (6') shall be allowed without the prior written approval of the City of Meridian (if required) and the -ACC. (c) All fences and walls shall be constructed and- installed and maintained in good appearance and condition at the expense of the Owner.of the Lot on which they`are located and all, damaged• fencing and wails shall be repaired or Rreplaced to original design, materials and color within a reasonable time after said damage occurs. (d) No fence or wail 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; provided, however, any Owner who constructs a fence on the ,common lot line without procuring the consent and agreement of the neighboring Lot Owner shall not `be entitled to reimbursement for any portion of the cost of construction: _ r - DECLARATION OF COVENANTS, `CONDITIONS AND RESTRICTIONS - 14 F, 8.7 1 oar„ i,gcapi.,n., The following provisions shall govern the landscaping of Lots within Thousand Springs Subdivision: s, (a►, , The Owner shall prepare a landscape plan and shall submit the same to the ACC: The ACC shall approve said landscape pian prior to the installation and/or'corstruction of landscaping on a Lot. Landscaping of a Lot, shall be in accordance with the approved plan. (b) The initial landscaping shall include, as a minimum, sod in the'. } 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: (c)' All required landscaping on a Lot shall be installed within.,thirty d (30)' days after substantial completion of the Building on the Lot, with a reasonable extension allowed far .weather. 8.7(d) The four fool wide landscape area between sidewalic and curb of each Lot ' shall be landscaped by the Lot Owner with sod and Newport Plum trees of 3" caliper or greater. There shall be one such tree for each 40 lineal feet of Lot street frontage, including driveway cuts. Each such tree shall have a minimum three-foot six-inch . diameter ring at its base without sod, planted with 18 mature marigolds and 36 mature fuschia petunias (or such other single or two color combination as determined by the 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. At the Declarant's option, the Declarant may elect to install the foregoing trees and flower rings on behalf of the future Lot Owners, prior to the initial ' sale of the Lots. In such event, upon the closing of the first,sale of such Lot from the Declarant, the Owner shall reimburse the Declarant the sum of $1,100.00 for the colts incurred by Declarant to provide the foregoing trees and flower iings on the areas between the sidewalk and curb along the Lot. ARTICLE'9: ARCHITECTURAL CONTROL L 9.1 Plans. No Dwelling Unit, building, fence, wall or other structure or substantial landscaping, or scrt3ening� 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, ` DECLARATION OF COVENANTS, y CONDITIONS AND RESTRICTIONS - 15 s A k z ; > 4 r s s � height, materials and location of the same shall have'been submitted to and approved In writing by the ACC. 9.2 Exterior Materials and Color`s. 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 and that all such Buildings - will present a unified and coordinated appearance. All exterior finishes and/or cobra 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 grovel `roofs shall be permitted. Roofs shall be a minimum of 5/12 pitch with either. cedar shakes or Celotex 25 year (or better) dimensional asphalt shingles, weathered wood, charcoal 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. a 9.5 Mailboxes. No free-standing mailboxes shall be constructed or installed on any Lot without the prior written approval of the plans approved by the` ACC. 9:6 Signs. No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for'sale by displaying -a single, neat, reasonable sized vacancy sign or "For Sale" sign thereon. Signs advertising the name of the builder and the name of the Institution providing financing therefore may be displayed on a Lot during construction of the Improvements. Lighted, moving or flashing signs or displays for any purposes . are prohibited. Directional road signs may be used to give directions to traffic or pedestrians or to 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. IThe.Deciarant or the Board shall have the power to promulgate, from time to time, ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or. destruction DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 16 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 uporf 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 interaretation and Enforcament. The ACC shall have the authority to interpret and enforce any or all restrictions and covenants of this Declaration as they pertain to the Lots' improvements. 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 anforcement can include the ACC hiring any or all of such work to be done and encumbering the Lot on which said work, takes, place with a lien 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 shah be comprised of at least three (3) persons, all of whom shall be appointed as herein a provided. A member of the ACC shall hold office until he has resigned or has been removed; but in any . event, until said member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. 10.2 Agpointment. So long as the Declarant owns any Lot or parcel within the Property, the Declarant shall have the sole right .to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Board. {' The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (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. _s 10.3 Baaroval 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. DECLARATION OF COVENANTS, ' CONDITIONS AND RESTRICTIONS - 17 10:4 1/ark&es. The`,ACC may authorize variances from compliance with, y requirements of any conditions and restrictions contained in this Declaration, the ACC ' Ruies/ACC Standards, or any prior approval when, hi the sole discretion of the -ACC, a circumstances such as topography, natdral obstructions, sesthelics or environmental considerationsor 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 shah 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 thils Declaration or the ACC Rules/ACC Standards for any purpose except as to the particular- subject matter a4 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 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 Anolication.To•request ACC approval for the co. nstruction,"alteration, modification, removal or demolition of any improvements within ,,the' property, the ` Owner shall submit a written~ application in a form required by the ACC which must be signed by the Owner and contain all Information requested and be accompanied by all other material to be submitted as hereafter provided. All applications must contain, or have submitted therewith, the'fo(lowing material (collectively called "Pians and Specifications") prepared in accordance with' acceptable'architectural standards and submitted with the application form, if any, approved by the ACC: e ' (a) ' Site Ptan. A site plan showing'the location of the Building(s) and all other structures and Improvements including fences' and wells 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 shingles, proposed to be used. ° DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 18 • 1 M ; t i r } 4 Y S: 3 (c) Lendscane 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. r 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. y ARTICLE 11: ANNEXATION S 11.1 procedure. Additional land contiguous to the subject property may be annexed by Declarant without the consent of the Owners 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 Agreemet, be deemed Annexed Property. Amendment of the Declaration to` Include such Annexed Property; and to subject such Annexed Property to the rights, privileges, restrictions, covenants and easements herein provided shall be made by the execution and recordation by Declarant of a Supplemental Declaration, which shall describe the additional property being annexed, and any supplemental or different covenants, conditions and. restrictions applicable thereto, and any deletions or modifications to these covenants, conditions and restrictions as the Declarant may deem appropriate, and shall describe -the Common Area and Common Facilities thereof. Upon the recordation ofthe-SupplementalDeclaration, the Annexed 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. Ail 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 DECLARATION OF COVENANTS,, k CONDITIONS AND RESTRICTIONS- 19 s a t 4 V reservations set forth in the Declaration as amended and supplemented from timejto 'time. w , 11.2 Desipnition 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 torthe Association by Declarant shall be subject to the same easements and other rihts for the use and enjoyment of the Owners as for the other Owners of Lots subjectto this Declaration. ARTICLE 12: WATER SYSTEMS 12.1 Domestic Water. Each`Lot shall have acces's to a domestic water system to be owned and operated by the_Clty of Meridian. The domestic water system will provide water for culinary and other ordinary domestic househdid 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 tystem..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. Watat 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 Merldian`whan 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 Deciarant and owned and operated by thea Association or the Nampa -Meridian Irrigation District for the benefit of the Declarant, the Association, and Lot Owners. Owners of Lots -to which the _system has been extended shall be required to pay the assessment therefore regardless of actual use or nonuse of avatar 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 isnot 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. Z DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 20 ` ARTICLE 13: GENERAL PROVISION. _ 13.1 Enforc®ment. The Association, the'Declarant, any Owner; or any First 4. mortgagee shall have the right,to enforce, by proceedings of law or in equlty, .the terms and provisions of this Declaration., Failure by the Association or any Owner to enforce any covenant or restrictidn contained herein shall in no event be deemed a waiver of the right to do so thereafter. a 13.2 Severability. Invalidation of any one of these covenants or restrictions shali.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 4 of, the - Association, he`benefit4of,the--Association, the Owner of any Lot, and any First Mortgagee as g 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._ JL 13.4 Amendments: Except as otherwise provided herein,, any ofthe ` covenants and ; restrictions of this Declaration, except''the easements herein granted 't 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. 1'3.5 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 Corrlmon Facilities, and for all costs and expenses associated therewith not covered ` by the assessments provided "for herein. c 13.6 FHA/VA Aoorovai. As long as there is a Class B membership, the following actions may require the prior approval of the Federal Housing Administration or the Veterans Administration; annexation of additional real property to the Project, mergers and consolidations, mortgaging or dedication of Common Area, dlssolution- - of `ameridment 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 ordei 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. . k DECLARATION OF COVENANTS,' CONDITIONS AND RESTRICTIONS - 21 y A ' r r i IN WITNESS WHEREOF, the Deciarant has set his hand and seat as of the date and year first above written. FARWEST, U.L.C. By v ,A MARTY OLDSMITH,,Member STATE OF, IDAHO ) . County of Ada ) On this •;�f day of .tune, 1999, 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 Urnited liability company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I�have hereunto set my hand and affixed,my official seal"the day and year' in this certificate first above written. . - E goes • A Notary Public for Idaho if r Residing at Idaho * • o t * 3 Commission expires: //=/o 41 OF tenen*• v F 4 r DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 22 ..Iffy Apr 27 01 09:45a w1'1S&n,-,& mcco'll 1(209)384--0442, P.-26 e— A� jo .Nllo 94- OR 154,0000 , � IN , : I•. , I , !X10209 , MR.` - , dr aY �;; " �;;;; , 7 t, - 0 4A4 -A, — I M. wl. . I Q!:16 T� . -1 C - 1 nt woo -- 218.. 04. Co. oor W V,OUSAt4o t.T,Rlm a ..It r .- 1" .. •. . ?t � T 3HS; . �,�1 ' • �� E �"c ..�Nl �a � � a �� i�Sz$� � �"R�� 9Y Ri 4z CY) C, ks359 7 IN air. WWW L 1 4� .49 "R .......... PS a Tj iisimakaRRS I �R Iliijig A LIM V, P Ig;- r. V. k; tc 1: C: is il-Nm iz, 0 L Pik ............ Ln X 5-1 at �rl I ro willFt tj I f 4 Flpr 27 01 09: 46a' wilsort & MICC011 (208)384-0442 M p-27 NOV-00 10'-34 AKY7 I & MtRIDIAN IRR FAX NO.* 20846?` 1 P., 02 SUFk FIMNTAL (DECLARATION OF COVENANTS, CoNDnrioNsAW!i-- RESMCnONS OF THOUSAND SPIMGs'SMIDIVISION TEMS S1U"LXMU4TAL DiCtAMUON is made as of the 29" day of July. 1999, to, the Declaratil of Covenants,- Conditions and Restrictions of Thousand Springs Subdiyi3igA Instrument No. 99W6174 ofthe Ada County Recorder's Office, by Fawast L.L.C., the "Dj6aranr therein. A. Mclarant is the owner of certain no) property in Ada County. Statc of Idaho, nick paniculaily deacribed as follows: AN of .that cartalWreal propwty included and dfttfibcd in the plat of Thousand Springs SulidivisiohNo, 2, recorded in Book 79 at pages 8290-829 1. Instrument No. 99075511, records'Ada County, Idaho. The above described parcel of real property is hereinafter refen-W to as the '%=xed Property!' B. -C Pursuant to Ai-ficle I IAnoex a D"rarf desires of rdc�e� Deeigraf, n. to impose UPOR thiADIRM01 Property, the fights, privileges, restrictions, covenants and easements provided for in the Occlarstion. 'ARTICLE 1'. ANNUMMURUTY, AUUUW he The Deduartt hereby imposes upon the Annexed Prapt rty all 93kineUts, Conditions, covenants, restrictions aAdreservVions as set forth in theMclaradon and any Amendments "thereto, and the same shall run with the Annexed Property and be binding 4an all Parties ROW Or hereAfter having rW title or interest therein or to any put thereof 1.2 QMWaAjs. The following Lots of the -Annexed Property da be, additiQnid -common are pursuant to the terms and conditions ofthe Declaration: Lot 19, Block 7; Lot 1, Block 8; Lot 7, block 10 -'Lot 30, Block 1; Lot 24, Block 1; Lot 54, Block I 1.3 t "Plat" in reftfOOM to the Aftftcxed Property "I moats and rckr to that certain plat, of Thousand Springs Subdivision No. 2, recorded in the Ada County.Re;orders•s offic'ek Instrument No. 99075SI, which plat covers and subdivides all of the Annexed Property A Supplemental Declaration of Covenants, Conditions and ReWictions -I IN . . . . . . . ... iu Rpr 27 01 09:47a Wilson & McColl [208)384-0442 P.28 Nov-00 6)000 THU 10,35 AM_t: A & MERIDIAN IRR FAX N0. 2084K ;, .3 P. 03 a. IN WT% M WftRE011, the Ltetlaront has set his hand and seat as of the date aiid year first above written. ti FARWEST L L.C. i RMARTY q LD r STA'I'R OF 16ANO,) e w County of Adz.. ) i On this 290 day of July, 1999, before me, the unders;gned, a Notary Public in and'for Skid , Start, personally appeared Marty Goldsarith, known and identified to me to be a Mem&& of 16�e company that cxccuted the instrument or the person who executed the inshument on behalf of said company, and acknowledged to me that such company executed the same. . .. enuaeha have hereunto set my hand and gfro ed'my official =ai•the day _ and year in thi' Or written. �1 t 1W. (ISLIC Not P c fo daho p Resi ' tg at Idaho ?4y OF 1D P� Commission expiee :-tawiC�"s'G"' Naun I i RECORDED-REOVESf OF ADA COqq PER ��'�'Br. I FEE.,,—DEPUTY —k- 1999 NO 16 P11 12-' 22 `99 1 1 1 120 TRANS NA710NTITLE & ESCROW • v . 'Supplcmental Declaration of Covwmts, Conditions and Restrictions - 2 ; .•i:tiri r ` Apr 27 01 09:47a Wilson Hr McColl. �2C �� e�.�C .4zi•/ .�`�y yyya :I t o to y "S' �`Q;6 , Ig �'k a ��• v � A. y �G YR 6 (208)384-0442 P. 29'' 4 �p n f u O Jm - W 00. gVAs13 y �G YR 6 Y Nil$ 3 g§ � pp f 8 (208)384-0442 P. 29'' 4 �p n f u O Jm - W 00. Apr"27`01,09.4.8a Wilson & McColl [208)38470442 p.30^ t SECOND SUPPL E&MVTAL DECLARATION OF CO AM, CONDITIONS AND REESiRIC"nom OF i : THOUSAND SPRINGS SUBI)M&ON TMS SECOND SUPPLEMENTAL DECLARATION is made as' -of the 20 day of September, 1999, tothe ofCovemm% ConMons and R arts of Thousand:Spriggs Subdivision, Instrument Nd. 99066174 ofthe Ada Cowuy Recorder's Office, by Fww cg L.L.C., the "Declarant~' therein. A Declarant is the owner of certain real property in Ada County, State of Idaho, more particularly described as follows: ' All of that certain teal property included and described in the Plat 'bf Thousand - Springs Subdivision No. 3, recorded in Book 79 at pages 8344-8346, Instrument No, 9909S206, records Ada County, Idaho. - The above described parcel of real property is'hereinafter referred to as the "An=wd �. Proper,ty „ - I - B. Purmic nt to' Article 11 &=31:10a of the re&rercad Declaration. Declarant desu es to u npose upon the Annexed Property, the rights, privileges, restrictions, covenants and easements provided for in the, Declaration. t 'ARTICLE 1: ASD PROPERTY. i 1.1Ainex9d EnRaft. The Declarant hereby imposes upon the Annexed Property all easetnents, conditions, covenants, restrictions and resevations as set forth in the Declaration and any Amendments therato, .and the same shall runt with the Amend Property and be binding upon all parties now or hereafter having right, We or interest therein or to any part thereof. 1.2 Cornmott Area. The following Lots of the Annexed Property shall be additional common area pursuant to the teams and conditions of the Declaration: Lot 22, Block 14, Lot 1, Block 16; Lot 6, Block 1$; Lot 'l, Block 14; Lot 1, Block 15; s Lot 1, Block -17; Lots 1 and 8, Block 13; Lot S, Block 14 Second Supplemental Declaration of Covenants, Conditions and Restrictions - 1 I Apr 27 01 09:49a Wilson & McColl [2081384-0442 p.31 1.3 $(fig. "Plat" in rofetusca to the Annepwd.propaq small mean and re&, to that certain, plat of Thousand Springs Subdivision No. 3. recorded in thp� County Recorders's Office, Instrument No. 99095206, which plat covers and subdivides "the Annexed Property. IN SSS E V, the Declarant has his hand and.seat of Of tlse date and year r first above written. ` ' FARWEST L.L.C. i.. lay, MART1'U)SMITI t STATE OF IDAHO, ) :ss. County of Ada. j On this 24th day of September, 1999, before me, the undersigned, a Notary Public in and fir w said State, personally appeared Marty Goldsmith, known and identified to me to be a Member of the compeay`that exantcd the instrumnt or the person who executed the m9ntment on behalf of said company, and acknowledged to sae that such company executed the sane. WH OF, I have hereunto ad my hand and axed my official seal the day and y fish above written. Ole qrhit I' 3 N i PUBS' }gyp Rosi g at .+[ Idaho �' �,T� •......d,.pr. Commission expires: .Q a2a4ai .. t r' RECORDED-REQUEST OF ADAMINTY R J. AMY 109 NAPAiAO 901Ss_. IDAHO FEE DEPUTY 19"NO16 PHre- 22 991 1.1-1 19 TRANSNATION TITLE & ESCROW Second Supplemental Declaration of Covenants, Conditions and Itcstrictions - 2 6 ' e - iia a i.. g6k 5 u .a• � •.`'�V.-la-1 _ S .� i .�., j�.• � ••., .•.. ��+'^�s3i�'a�'-'.. - •;..i4.q. •.?�.v...�i..• r . •2t Y(diT6+�acn z i 1 October 16, 2001 Meridian City Council C/o City Clerk Fax: 888-5533 Re: Block 14, Lot 20, Thousand Springs Subdivision Gentlepeople: __�D_001/007 RECEIVED CCT f�QU City of Meridian City Clerk Office After several years of meetings with developers; meetings with Planning and Zoning; and meetings with the Meridian City Council, the following condition was agreed upon in the August 31, 1998 meeting and printed in the conditions of law and findings of fact: That lots 14 through 21 be limited to single story detached dwellings.... (this was actually changed to lots 18 through 24) Lots 18, 19, 21, 22, 23 and 24 have technically compiled with this condition.However, the developer did bring in about 10-12 feet of extra fill to build up the lot, and the roofs condition.(However,are also very tall. Since this was not prohibited in the statement above, we did not contest it.) Now someone is building on Lot 20, and as you can see by the attached pictures, the builder has definitely added a second story to this house. I took the picture into the Planning Office and the staff looked up the building plans and permit. The plans did not match the picture I showed them. They also mentioned the new house had not been inspected since the footing stage, and that they did not even show permits for electrical and plumbing yet, so they were surprised the house was so far along. Evidently the builder is stating the restriction was not written on the plat map that he has. My concern is: 1 The building does not meet the conditions recommended by Meridian Planning and Zoning, specified by the conclusions of law and findings of fact, and granted by Meridian City Council. 2• The builder is constructing a dwelling without an a ppropriatpermit as not following the drawing submitted for approval and on fileen the Planning ar Office. 3• This house is not within the limits of the agreement. 4. This house is not within the spirit of the agreement. Even if they are technically calling it a "bonus room,,, the following items deem it a second story: permanent stairs to an upper living space, upstairs windows, and additional wall built up from the first floor to make the space larger. OCT 17 '01 15:16 19 002/00 7 Meridian City Council October 17, 2001 Page 2 Another issue is that when I spoke with Daunt Williams, building manager, on the phone last on Thursday, October 11, he stated that bonus rooms are considered a second story for "set back" purposes but not for other purposes. He proceeded to tell me he didn't think that people in one subdivision had the right to tell people in another subdivision how they can build their houses. i responded that I do not live in `a `subdivision, but that I have several acres adjoining the specified lots and this was a condition agreed upon to", get the Thousand Springs subdivision approved. He said he would look into it and get 4� - back to me. Monday I had a voicemail from "Steve" who said the builder is willing to take out th ►' l window. Tuesday Sherry Stiles told me the same thing. e So, does the builder get away with this with just taking the window out? Is there nothing that happens because they didn't submit the correct drawings? I thought the idea of having an approval was to know they are building according to all the rules and specifications. Mr. Williams also told Sherry Stiles it was okay if the drawing is different than the one approved as long as it is on the building site when they inspect. If that is - so, why bother to have an approval? Why bother to have findings of fact and conclusions of law for agreements if they are not honored? Finally, why do the builders have the right to. proceed with building a house without being inspected and signed off at each stage? Or if it is an inspector problem, why aren't they out there more timely and holding the builder to what he/she should be doing? Please look into this as soon as possible. Sincerely, k Marvin abid 0ancy Hansen #, 2460 E. Victory Road' Meridian, Idaho `83642 f Phone:' 887-4799 evenings, 658-2407 days € r € b F v OCTJ�17 '01 15:1 a z € i t2003/007 OCT 17 101 15:1? onrc n� �k August 31, 1998 Meridian City Council Meridian City Hall 33 East Idaho Street Meridian, Idaho 83642 Re: Thousand Springs subdivision Gentlemen: This letter is to thank you for the conclusion No. 14 for the above-mentioned subdivision which states: "That in Block 14, lots 14 through 21 be limited to single story detached dwellings..." (listed on page 22, No. 14). We believe this is in keeping with the Meridian Comprehensive Plan which promotes a buffer to interface between urban level densities and rural residential densities (page 30, 6.8U of the comprehensive plan). However, we would like the Council to notice the attached maps and then make a slight change. According to the map, it appears that lots 22 and 23 will be directly behind our backyard. Therefore, we would like to change the restriction from lots 1.4-21 to lots 17-24. In other words, lots 14, 15 and 16 would not be restricted; lots 17 through 24 would be restricted to single level dwellings. This change would keep the buffer in the area that would benefit us the most. It would also improve the buffer for our neighbors, Bob and Ruth Fritts. It would be the same number of lots originally restricted so should be acceptable by the developer. And, we believe it is in keeping with the spirit of the original conclusion, Thank you very much for your consideration and patience with this matter. As you know, it is extremely important to us as we will live with (and look at) your decision for a very long time. We will be in the audience for your meeting September 1, 1998. We know it is not a public meeting, but we will be there in case you have any questions. Sincerely, Marvin R Hansen �..C6Yi4z Lj Nancy) 44 en 2460 East Victory Road Meridian, Idaho 83642 Phone: 887-4799. OCT 17 '01 15:17 ........_... DOf"C M A .... 4005/007 416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-505 C. G 1, H 2, K, L, M and the comments of the Planning and Zoning Director, Shari Stiles. That the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, } pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de -annexation and loss of City services, if the requirements of this paragraph are not met. 13. That the house size requirements for the R-4 district of 1,400 square feet shall be followed and complied with. 14. That in Block 14, lotsl4 through 21 be limited to single story detached dwellings and that all of the City Engineer's concerns regarding the right of way designation be incorporated as conditions of approval of the prosed annexation. 15. That proper and adequate access to the property is available and will have to be maintained; that access to and from the adjacent property owners will have to be worked out and included in the development agreement, or the property will not be annexed or, if annexed, it will be de -annexed. 16. That these conditions shall run with the land and bind the applicant, the titled owner, and his assigns. 17. With compliance of the conditions contained herein, the annexation and FINDINGS OF FACT AND CONCLUSIONS OF, LAW — 22 FARWEST DEVELOPERS —THOUSAND SPRINGS SUBDIVISION ANNEXATION AND ZONING OCT 17 ,01 15:18 U y Cr y as ci C ca O U .y Cr W! ° V O N V , (� 'c7, _. j U m Qi ,J �3 y C� p1 C G U 3 O U � CTS -0 N v1 U 4) •� H � � cl CS to ^ ali' � a c a L � • C � vi � Q) C � 1-0 0 1 { Clt C z��y•31o�� j u 09 u .0 110 O Cr y as ci C ca O U .y Qi ld U m Qi ,J �3 ctf 3 O U � CTS -0 N v1 U 4) •� H � L a c a p > y U 1-. o j u 0 u .0 ` OCT 17 '01 15 18 PPGF.AF LO 006/007 a QLj 4" ld U m Qi ctf 3 O N y L 4) •� H � L L 03 7� L Vf 0-20 ate. L u .0 ` _ ..... U >., h .moi 3 Ca E G CL Ca N U �' cl v E >, o >' E O J U Cr O C O E U OCT 17 '01 15 18 PPGF.AF LO 006/007 a QLj 4" TS ctf O N A+ y p y y •� H � L 03 7� L Vf �• CStLo- ate. ,Ul W cl�.0 p, OCT 17 '01 15 18 PPGF.AF LO 006/007 007/007 a e , 00 r w - City of Meridian Planning & Zoning Memo To: Daunt Whitman Public Works Department From: Brad Hawkins -Clark e'aC P&Z Department CC: Kane Glenn, Cheryl Sable, Bruce Freckleton; File Date: 02/25/00 Re: Thousand Springs #3 — Building Permits on Lots Adjacent to Ridenbaugh Canal Daunt, It's my understanding that Shari Stiles placed a hold on issuance of any more building permits on Lots 12 — 21, Block 14 along the SW side of Tagish Way in Thousand Springs #3 due to the perimeter fencing not being completed. Today, in Shari's absence, I received a Letter of Credit for the incomplete 1,000 lineal feet of wrought iron fence along the Ridenbaugh. Since the Development Agreement for Thousand Springs states all improvements must be completed prior to Certificates of Occupancy and since Bill Henson at NMID agreed to the fence being constructed before water enters the canal (even if their lining project is not complete), these lots can continue to receive building permits. Note, however, that according to the D.A., no occupancies can be granted until the fence is constructed. Thanks, Brad • Page 1 w FEB 24 '00 14 24 3.._... P.1 NAM PA & MERIDIAN -t6-qg ll�l IRRIGATION - T DISTRICT 5525 E. Greenhurst Road Nampa, ID 83686 Phone: 466-0663 Fax: 463-0183 - . Date: F6 -WORRY' oo . C��,� y e,� To:.. From: Pages: 7WO Re: Comments: F" 1026A FEB 24 '00 14:25 February 24, 2000 Brad Watson City of Meridian 33 East Idaho Meridian, ID 83642 Re: Thousand Springs Dear Brad: P.2 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208.463.0092 Phones: Area Code 208 OFFICE: Nampa 466.7861 SHOP: Nampa 466-0663 This letter IS In response to the fence being installed along the Ridenbaugh Canal at the above- mentioned project. They are cooperating with the Nampa & Meridian Irrigation district and have ceased work on the fence at our request as we are In the process of lining the Ridenbaugh Canal. Weather permitting we will have this project complete before the beginning of water season, however, if it cannot be finished by that time, we will allow the fence to be Installed. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din Cc: File Board of Directors SecretaryTreasurer Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS • 40,000 an FEB -14-2000 13:01 3111 1 ,+ h ff 3 N r' A fin t p X V+ 7 m = P $ z N A BRIGGS ENGINEERING, INC. / 'Fr r4,L Fp HIM R ?rF > Fi .$ 12083452950 P.02 �9 1 + � s o• 0 0 I + 44�QQ uN? rg'3•�- R� F 3mmm" 1 4 9 — FEB -14-2000 13:01 BRIGGS ENGINEERING, INC. 12083452950 P.03 oxo v (16 da on Z N ' a 4 LL! C • x Z evy O �:•" ' ♦� .�•�' x}96 4 �r _•�-. ��� • .. E�� � 40 D +'r Jail' �_ - 31gGpsD s � •. .O`er b`' rT. 000111 4500'b01r /1F'p� ,� ',�� Cz > • P r Y M�. ? a . ,r � V h N � � � d • • all� � a HIP� � � g a 7PU � 8 f} ss�� w•. � fit rf i a6 ga m yF � R 8 3i tS� =t PA 13� a'd filo- cb o y � •+p� R � �� R � f1a�y, � � � �!t g Q� o i{ Iiil�� 1 � • � w r7 g 11 E fin f 7 A- PopGGp_ 1 ! 'q , 12 Q ^• r Qy�R : _ g �� Fes" c g S s Q g it x aOR � $ 3 lax x= it N z Ph; 14 TOTAL P.03 SUTHERLAND FARM, INC. 3895 Gardner Lane Meridian, Idaho 83642 208/362-3339 August 2, 1999 EcEi�y.J AUG 0 6 1999 CAT OF MERIDIAN ]PLXNNiNG & ZONING Planning and Za-dng Carmission City of Meridian 200 East Carleton Meridian, Idaho 83642 Dear Planning and , Zoning CaYmi.ssion: I ur property is located immediately across fran the entrance to the new TtZ-usand-Springs-SUMiv3' inn, which is naw a part of Meridian. The contractor/developer for this subdivision basically destroyed the entrance to our property when -the water lines for the subdivision were installed. And, they never bothered to restore our entrance to its prior -condition. We request you not issue final approval of..the subdivision-' until they rebuild what they have destroyed. Thank you.t F RCt:sWM.5 LfiL� �O cj_�IVED V1 Ck' U r_ 2 0 1999 4 C,� CITE' OF UrRiDL4�1 Interoffice Memo 0�'�__xkp Dau: July 20, 1M . TO: WILLIAM G. BERG, JR. — CITY CLERK cc: file / Shari Stiles From GARY D. SMITH, PE RE rTHQGSAND SPRINGS N4.3 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 as to approve a detailed landscape Qian 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 16th Council meeting and I assume that these issues were resolved since the DA is now recorded,, according to the note on plat sheet no,1, Again, Shari could answer this question. I am attaching the Irrevocable Letter of Credit far this project that 1 found in my file, for you to keep, as it appears to be an original signature. pt is addressed to you at this address?) I don't have any information verifying the amounts shown on the May 6th letter that was sent to you outlining the work items. t did verify the length of wrought -iron fencing but can't confirm the locations of the'cedar fence. or ,the temp, fence. Shann would.haye this information.` I guess that ends my review and comments. Gary 1 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) $16,500.00 2. Fencing 775 If wrought iron @ $13.50 If ✓ $10,462.50 3466 If cedar @ $10.00 If$34,660.00 1400 Temporary fence @ $4.00 If $ 5,600.00 4. Landscaping $55,000.00 S. Pressure Irrigation (services and mains) $34,880.00 Sub -total $157,102.50 +10% $15,710.25 Total $172,812.75 IDAHO -1 O 1 : P . Di �wi - ff: T 317 North 9th Street Boise, Idaho 83702 (208) 343-5565 "LENDER" MARTY GOLDSMITH CITY OF MERIDIAN :'TTN: WILL BERG IRREVOCABLE LETTER OF CREDIT ,AQ RIE I'M- 2 0 0 E. CARLTON AVENUE NO.- 53 MERIDIAN, IDAHO 83642 _. TELEPHON€N© ibthf]OiPATIONN©. - 887-2211 atsR ....... EXPIRAT►UN GATE :.... aysR�s 4550 W. STATE STREET BOISE, ID 83703 TEEgAHONE'NO, t6FNTIFICAT[ON N© . 388-0189 518-86-2436 This Letter of Credit shall expire upon the earlier of: 1. the close of business on OCTOBER 25_,__1999 and all drafts and accompanying statements or documents must be presented to Lender on or before that time; or 2. the day that Lender honors a draw under which the full amount of this Letter of Credit is drawn. Lender indicated above ("Lender") hereby establishes at the request and for the account of Customer an Irrevocable Letter of Credit in favor of Beneficiary for a sum or sums not exceeding the aggregate amount of ONE HUNDRED SEVENTY-TWO THOUSAND EIGHT HUNDRED THIRTEEN AND N0/100 Dollars ($ 00 ). These funds shall be made available to Beneficiary against Lender's receipt from Beneficiary of drafts drawn at sight on Lender at its address indicated above (or such other address that Lender may provide Beneficiary with written notice of in the future) during regular business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT YOUR CUSTOMER IMMEDIATELY 'TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED: OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. 1. DRAFT TERMS AND CONDITIONS Lender shall honor the drafts submitted by Beneficiary under the following terms and conditions: BENEFICIARY'S SIGNED STATEMENT THAT MARTY GOLDSMITH HAS FAILED TO PERFORM RELATIVE TO THE INSTALLATION OF LANDSCAPING, STREETLIGHTS, STREET SIGNS AND PERIMETER FENCING TO THOUSAND SPRINGS SUBDIVISION, PHASE NO. 3. R t-. 0 66LE-LE6(009) iE6/Lt/Zl)'Ou1'sa16o1ouyoa.Luoliywlod(,) Z0901 -d1 JUL 28 '99 09:16 PAGE. 01 RECUIVED AUG 0 2 1999 r:? I LZ C Cj'j'Y CE MERIDIAN ZONING G & z0N P 11 MR I VED J U L 2 8 1999 May 61 1999 CITY OF MERIDIAN' i. Will Berg City of Meridian 4 33 E. Idaho Meridian, Idaho 83642 THOUSAND SPRINGS No. 3 A. Meridian City Letter of Credit I. Street lights ea @ $1,500 ea) $16500.00 2. Fencing , 775 If wrought iron @ $13.50 If $10,462.50 3 466 If cedar @ $ 10.00 if - $34,660.00 1400 Temporary fence @ $4..00. If, $5,600.00 4. Landscaping S. Pressure Irrigation (services and mains ) $55,000.00 $34,880.00 Sub-total ---------- $157,102.50 +10% $15,710.25 Total ---------- $172,812.75 JUL 28 '99 09:16 PAGE. 01 1 7: I; March 19, 1999' h 4 $! Marty Goldsmith Farwest, LLC 4550 W. State Street; Boise, Idaho 83703 RE: Thousand Springs No. 2 and No. 3 Marty: 1 propose to provide landscaping to the common areas in Thousand Springs No. 2 for the , sum of *Eight Thousand Dollars ($8,000) * * �`• �> 1 propose to provide landscaping for the.entry way and common areas in Thousand Springs No. 3 for the sum of 'Fifty Five Thousand Dollars ($55,000.00)***. This bid Is good for thirty days. Y "y Res ectfully submitted, Ric (wood 1 ID 82��2 ` �.L 9i• yhg V, t { JUL 28 '99 09:16 PAGE.02 a DEVFL4PCR: CONTACTOR: DATE: pRAJECTr 4EvE1.1�'ER-t�ItTRAC1a4 ACPEFJOIi Aol.ah111'R CHAPTER, Inc. 911 ttA*o COrporatton RICK EUi0C0 ODA It WICAT LAM6SCAPIitG septe ber 15, 1998 thomand Sprir�t Subdivision RECITAL The Developer and the Contractor yish to enter into a contractwl agreement to construct an entire 121 acre subdivision to Aruttipte phases. furtherr they Irish to define the scope of the Contractor's Portion of the tlork, the time to comrce and substenttelly carptete construction, the unit prices and the nethod of computing the contract eziamt and the general terms and cnnditiors of their relationship. The ContrActor and Developer intend to apply this agreement repetitively to each individual phase of the project until the entire project is covteted. ARTICLE t THE CONTRACT DOQNEMiS 1.1 The Contract Documents eonefct of thio Agreement, the final construction plans for the. project as prepared by the Project Engineer, the (anatcapa• plan and any rrodlfteations to the construction or tandtcopc Plana that may be required by the Reviewing Agencies. The Contract Documents are to be interpreted in their entirety, and what is required by one shall be as binding as if required by all. 1.2 The City of Meridian. (City), the Meridian City Engineer (City Engineer), Idaho's Division of Enviravneatal,Quality (DEQ), the Ada County Kighway District (ACRD), Newpa and Meridian Irrigation District (Uhl])). Mc Project Engineer, the Landscape Deaf9ner ael the Developer aro the Reviewing Agencies and shatl revtet and approve on the final construe tion and ca+atruct(on plans. The parties understand that, despite approved construction plans, the eevieuing Agencies may make Certain changer,. The Contractor shall assupip responsibility for eotptytng wfth end incorporotinil alt such revfeuing agenpy changer. The Project Engineer 1s defined as the firm, or its representative Mhose nmw is subscribed on the fir -at COnytf4clion drewing6. 1.3 The final tanstWrtion plans are. not available at the time of execution of this agregwt, 1-W final plans are Trade available, ;ht Contractor will incorporate the gland Into the Contract DOCL;Wnts and Compute the Contract Szem Amount as rayvired by Articto tv of this AOreemant. The Contractor 1holl acknowtedge feWeipt of ffnat construction end Iandzcapt plans by signfng and dating ottachad Appendix we. 3, ARTICLE It PORTION Or THE Luk Z.1 Thc.Contractor's portion of the York shall be the instattatlan of all sod, landscaping and sprinkter cyctorns at all cannon areas, befr=, street ;stands, median noncan s;deualk aM cyrb, retention and decent;)n area,, 0000rding to the landscape desleo plan and any other area designated by the developer. PAGE NO. 1 of 10 DEVE('OW 40NTRACTOR AdC6EHFNr I .-waste-•.. ..... _ .... ..__.—. JUL 28 '99 09:17 PRGE.03 FvixitaMlo! Cowletion of INs F, on of the work. Nothb'a In thls article prohib{. Or 1lmita the Developer fray puraviA9 arty other res-edy allowed under other artleter o1 th(s Apr"trmnt or as a mutter of law. Liquidated d+.Aoagen ahntt be,a,seased *"]nit the Contractor cnky whorl such dttAys are caueed in tttotR or Substantially in port by the Contractor or its employees or agents, ' •1 ARiICLE (V . tawta,Lcr aw t,i The Devvloper will pay the Contractor In current funds for the Cohtr&ctor's performance of It's Portion of tht 1Jork. 4.2 ibe Contract Sun A,yoUnt is the amount of money tO be paid by the Developer to the tontrzctor for ha,4iro perforscd it', Portion of the cork. 4,3 At the time of execution of this Agreement, the Contract Sum Amount is not knoun, The Contract Sur Amount is to be cCoputrd, estobtished and acknowtotlged In Appendix No. 2-of this Agreement 4.4 upon comptetion of the final plan,, the parties rill usa Anpmd(K No, 2 to Catytte t Sun' Anovnt based upon the follawing un(t.prieeshe Contract 3" CALt8ER PLUM TREES 3' FLOWER OR BEDOTNG PLANT Rt NG (INttuDES 36 {'� POTiED AMALS) St FLOWER OR BEODING PLANT RING (INCIWES 115 4'r POTTED ANNUAL§) S00 . SPRINKLER '01TE PAMPAS GRASS: CORTADi4A SELLOARA ii PURPLE FOUNTAIN GRASS: PENNISTUH SETACEUN DLt,E STAR JUMPER J4NIPERVS SAUANATA OLD GOLO JUNIPER: JWlIP6RUj SNINEN(S j A31l (3")! FRAXINUH AMERICANA 0JUNiGER'+ "SUNBURST" NONET LOCUST (p) COLD H0t1Lfo Sprp": SPIREA ALPTKE JAPONICA i, OUARF euRNlgG BU$A: EUON7MJS ALATA COt>pACTA POTENTILLA: POiENTILLA FRl1tiCMA "SUNSCI RED" i •S POTtNrILLA: POTERMLA FP.UilC05A '•rANGERlxE,0 S 230,00 each S 12.0•00 oath V 115,00 each E 0,27 per sq. ft, 3 0.23 per, Eq. ft, S 15.00 each S 11,00 each E MOO each = 25.00 each S 230.Oo aach L 20,00 each S 22.OU each t 22.00 each Y MOD each Jam..-•... 1 18.00 Goch / PACE N0. 3 of 10 6EVELOFER-CONTRAr_TOR AGREEnENI .a, JUL 28 '99 09:18 _ PAGE.04 1'. V r DKV7•DQPER-CO1TTRRC•T0R AGRB&MEn•i GOLDSMITH c8ARTER, Ina., az+ Idaho Corporation CONTRACTOR: John Meyor dba i PIoNStR FENCING AN77 LANDSCAPE* DATES June 19, 1996 i PROJECT THOUSAND SPRINGS SUB, RECITAL Tho Developer and the ContraCtOr wieh to enter into a con- tractual agreement to construct an entire 121 acre subdivision in multiple phases_ Further; thay wish to define the scope of the Contractor's Portion of the Work, the time to commence and sub- stantially complete construction, the unit prices and the method of computing the contract sum amount and the general terms and Qonditiona of their relationship. The Contractor and D4veloper intend to apply this agreement repetitively to each individual phase of the project until the entire project is compleLea. ARTICLE I THE CONTRACT DOCUMENTS 1.1 The Contract Documents consist of, this Agreement, the final construction plans for the project as prepared by the Project Engineer and modifications to the final construction plans, if Any, required by the Reviewing Agencies. The Contract Documents are CO be interpreted in their entirety, and what is regO.red.by one shall be as binding as if required by all. 1.2• The City of Meridian (City), the Meridian City 9ngineer (City f#ngineer), Idaho's Division of Er►vironmental Quality (DEQ), the Ada County Highway District (ACHD), the Project Engineerand the Developer are the Reviewing Agencies and shall review and approve on the final construction and construction plans. The ;r parties understand that, despite approved construction pians, the Reviewing Agencies may make certain changes. The Contractor Shall aSsume responsibility for complyingr with acid incorpoating all such reviewing agency changes. The Project:Engineer i© defined as the firm, or its representative whose name is sub - Scribed on the final construction drawings. _ A 1.3' The final construction plane are not available at the time of execution of this agreement. when final plana are made available, the Contractor will incorporate the plans into the C:ontract'DOcuments and Compute the Contract Stam Amount as xe•- quired by Article 4.4 of this Agreemer.t. ,The ,Contractor shall Page t of 9 oeveloper -Contractor Agreement JUL 28 199 09:18 PAGE. 05 1 of it's Portion oi,*he work. . i 3.9 The, Developer will suffer financial loss if the Con- tractor's Port ian of the Work is not in face Substantially Com- plete on or before the Target Substantial. Complation Date. At the time -of executing this Agreement the financial loss is ex- tremely difficult or impractical to ascertain. Consequently, the parties agree that the Contractor will be liable to the Developer for the bum of $100.00 per day as liquidated damages fox each day beyond the 'Target Substantial Completion Date that. the Contractor has not achieved Substantial Completion of it's Portion of the work. Nothing in this article prohibits or limits the Developer from pursuing any other remedy allowed under other articles of this Agreement or as a matter of law. Liquidated damages shall be assessed against the contractor only when such delays are caused by the Contractor or its employees or agents. ARTICLE IV ' CONTRACT SUM 4.1 The Developer will pay the Contractor in Current funds for the Contractor's performance of it's Portion of the Mork, 4.2' The Contract Sum Amount is the amount of money to be paid by the Developer to the Contractor for having perfoxmed it's Portion of the Work. 4.3 At the time of execution of this Agreement, the Contract Sum Amount is not known,., The Contract Sum Amount is to be com puted, established and acknowledged in Appendix No. 2 of this Agreement 7�1 4.4 Upon completion of the Final construction plans, the Parties will use appendix No. 2 to compute the Contract Sum Amount based upon the following unit prices for the various types of fencing that are described in Article 2.2 of this agreement: I" X 61, x 61 Dog Ear Cedar �✓ �'• �� ,` 41 rC` w/Metal Posts $10.00 per ,linear foot f Wrought iron w/ welded slats 13.50•per linear foot 4' Chain Link 5.00 }ger linear foot 6"Chain Link $ 6.50 per linear fool- = Aluminum privacy slats $ 5,50 per linear foot Picture frame $11.50?per linear foot-- [Mastic Mesh 1•,00:per linear foot (mesh material and poses are• to be supplied by Page 4 of 9 Developer - Contractor Agreement JUL 29 '99 09:19 PAGE.06 7�1 �•t subscquent breach0 this Agrecmont, unleaa i frz ing and signed ' by the Developer. 8.6: This agreement aball be interpreted according to the r laws of the Statc of Idaho. 8.7 If any provision of this agreement is deemed unenforce- able, the remaining provisions shall remain in full force and effect, it beipg agreed that the remaining provisions shall be construed to most closely approximate the intentions of the parties regarding the unenforceable provision (s) 8.8 At the time of execution of this Agreement, this Agreement is the entire, whole and complete agreement between the parties 're ardin alltt th' I,. I.. h V g ma ere w In a scope ereo£, and there are no other promises, commitments, terms, provisions or condi- tions, except those contained in this Agreement. This Agreement may not be changed, altered or expanded in any way, except and only by written addenda executed by both parties. 8.9 Should either party resort to legal action to enforce the terms and conditions of this agreement, the prevailing party shall be`entitled to recover any and all costs associated with such legal action, including but not limited to attorney fees and court coots. 1:N WITNESS WHEREOF, The parties have hereunto set; their hand the day and year first above written. DE yl.lioPRR: GOLDSMITH CHARTER, INC. By Ren Ron vz'st .�o 'i 1t ' CONTRACTOR: PIONEER FENCING AND LANDSCAPE By Jo eyer. Page 9 of 9 Developer - Contractor Agreement �- - JUL 28 '99 09:19 1'. UV PAGE. 07 I r ,�r • '4 "DP,NDQM N0. 1: DZVEI.oPRR - CONTRACTOR ACi MMENT OATfE! october 27, 1998 PROJECT: Thousand Springs Subdivision . 4 • Ir;: Thie addenda is to be attached to and become a part of the previously executed Developer - Contractor Agreement and become a part of the Contract Documcnta of the aforementioned project. The purpose of this addenda is to increase•the unit price used to compute the ooatract sum amount. ADDITIONAL CONTRACTOR OBLIGATIONS 1.1 The Developer agrees to increase the unit price stated in Article 4.4 from $525 per lot to $545 per lot, The new amount is to be used in Appendix Number tierce to compute the Contrast Sum Afnovot for each phase of the Project. r f • IN WITNESS RHSRPOP, The parties have hereunto set their hand the day slid year first above Written.: DEVELOPER: CONTRACTORI RICK ELWOOD M: 9 GODUSHIT8 CHARTER, :4[NC. 140014 UNDSCAPING 1 ,Y _ 1Cen Henderson, Vice President Pich E ood, • ; •rS ' .r r. •j J Xb PACE NO, 1 ,o(1 ACDENpA ho. 1 ? j` i JUL 28 '99-09:20 PAGE.08 September 25, 1998 Shari Styles City of Meridian/Planning and zoning 200 E. Carlton Meridian, Idaho 83642 Shari: I would like to meet with you to discuss the following items, 1. Annexation of the Salove 40 acres. 2. Bond released at Salmon Rapids No. 4. 3. Letter of approval on Landscape for Thousand Springs. 040d and 4. Approval and scheduling of the Development Agreement 4f Ordinance for Thousand Springs. please call. Thank you, Marty Goldsmith 15 JUL 2e '99 09:21 PAGE. 09 Vi Interoffice Memo Dab: July 20,1999 TO: WILLIAM G. BERG, JR.. CITY CLERK C-- file ! Shari Stiles From., GARY D. SMITH, PE RIE THOUSAND-SPRINGS"NO 3 SUBDIVISIbV FINAL PLAT -ECEIVED J U L 2 0 1999 CITY OF IMERIUMN 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 fr_le 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 16th Council meeting and I assume that these issues were resolved since the DA is now recorded, according to the mote on plat sheet no,1, Again, Shari could answer this guestion. I am attaching the Irrevocable Letter of Credit for this project 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 don't have any information verifying the amounts shown on the May 6th letter that was sent to you outlining the work items. I did verify the length of wrought iron fencing but can't 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 /JI) 1 :a`, May 6, 1999 Will Berg City of Meridian 33 E. Idaho Meridian, Idaho 83642 THOUSAND SPRINGS NO. 3 A. Meridian City, --Letter of Credit I. Street lights (1 l ea @ $1,500 ea) $16,500.00 2. Fencing 775 If wrought iron @ $13.50 If ✓ $10,462.50 3466 if cedar @ $10.00 If $34,660.00 1400 Temporary fence @ $4.00 if $ 5,600.00 4. Landscaping $55,000.00 5. Pressure Irrigation (services and mains) $34,880.00 Sub -total $157,102.50 +10% $15,710.25 Total $172,812.75 REcE�D J U L 2 0 1999 CITY OF li ERIDiAN PLANNING & ZONING Interoffice Memo nag= July 20,1999 Ta WILLIAM G. BERG, JR. ,!t CITY CLERK cofile / Shari Stiles Fr=w GARY D. SMITH, PE RE THOUSAND SPRINGS N0.3 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 j s tied plat sheet no,3 in the designated spot, I asked a couple of questions of Becky Bowcutt, which she answered as follows: 1. Street rights: Becky is sending me an electrical layout from Idaho Power so that we can locate the 11 lights that are required. !_a_rldsfie IEyIeH► sljot Shari iS to approve @4 eq landsqppe plan for the subdivision. Becky says that Marty "G-Wsmith met with sdVdtai months"ago and she thrnks a planwas°approved. cant seem to make contact with Shari to verify this item. 3. Development AgrBe►nQThere were some issues with the DA at the March le Council meeting and I assume that these issues were resolved since the DA is now recorded, amord'rng to the mate on plat sheet noAgain; Sifari could answl this question, 1 on attaching the Irrevocable Letter of Coedit for this project that i found in my tile, for you to keep, as it appears to be an original signature. tit 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 wont kers. I did verify the length of wrought iron fencing ba -cant canfimi the_ Iocffiiorm af'the'oedar fence°-& "the temp ferge,rtStR n would'tWe this rnf&fi on I guess that ends my review and comments. Gary /�J -- I C(!q9CENTRAL �p e r= DISTRICT HEALTH �Ver DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE, ID 83104-08Z5" `(208 )V 327-8500 7-8oo 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: C,' -Z -j-✓ 'T -j �. J-) JUN - 2 1999 CITE' OF I ERIDDN 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, Michael H. Reno, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Environmental Health Director Martin O. Jones, Environmental Health Supervisor HUD f/ City of Meridian Briggs Engineering Farwest Developers, L.L.C. Ada / Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office Elmore County Office 1606 Roberts 520 E. 8th Street N. Boise, ID 83705 Mountain Home, ID 83647 Ph. 334-3355 Enviro. Health: 587-9225 FAX: 334-33552P Family Health: 587-4407 WIC: 587-4409 ® FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 ** TX STATUS REPORT ** DATE TIME TO/FROM 15 03/16 08:47 3452950 200 E. Carfton, Ste. 201 Meridian, ID 83642 Phone: 884-5533 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 Toc ae- X aowc u t t From, Sonya pay Fac 3145- Z950 Datec 3/I(ofgg Phone: Pages: y- (Induding cover sheet) ❑ Urgent For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle *Comments: BRIGGS ENGINEERING, inc. ENGtNEF.RS / KMNMS / SURVEYORS February 25, 1999 Mr. William F. Gigray,111, Attorney City of Meridian 200 E. Carlton Avenue Meridian, Idaho 83642 Re: Thousand Springs Subdivision (Development Agreement) P.01 1800 West Overland Road Boise, Idaho 83705 — 3142 NAR I Voice (208) 344-9700 Fax (208) 345-2950 FCITY q ;, E-mail BEldaho@CompuseLW.-Oil � 2b,, Dear Mr. Gigray: q/ �S (�Q�e Cc' ,t e.,/ 7" 4reo~e,.--7' ,�t�s,�•v� I have re"viewed the prepared by your office for the Thousand Springs Subdivision. Ift mcludes thown which incorporates Staff's site specific comments. Item J and L were modified at the City Council hearing. Item "J" should state, "Provide evidence of a deposit in the amount of $16,500 for each pedestrian bridge to a trust fund at ACHD for one-half the cost for two future pedestrian bridges over the Ridenbaugh Canal between Lots 33 and 36, Block 4 and on Lot 44, Block 14.. The developer shall construct a vehicular bridge across the Ridenbaugh Canal and provide public street access to E. Three Bars Drive from Thousand Springs Subdivision. Construction plans shall be approved by ACHD and a license agreement approved by NMID prior to construction of the vehicular bridge." Item "L" should state, "A 50 -foot right-of-way with a 2 -foot easement to accommodate the offset sidewalk is acceptable with special setback conditions." The setback condition should read .... "Front setbacks shall be 20 -fool from back of sidewalk (22 -feet from right-of-way). Offset pins and reference markers shall be used for front lot pins. No pins will be placed under the sidewalk." By incorporating staff s original site-specific comments, the document does not reflect Council's additions or deletions during the public hearing. A separate Exhibit "B" has been incorporated into the Development Agreement in the past to reflect changes to original conditions and clarification of conditions with additional detailed information. I have included a copy of the Exhibit "B" which I prepared and the Meridian Planning staff reviewed. Ne can re, Another request for your consideration is the issue of preparation of the Development Agreements. In the past the City has provided the development agreement format on a disk, which we tailored to reflect the `Specific's' of our project. A copy of the document on disk and a hard copy are submitted to the City Attorney and Meridian Planning Director for their review. 980204\citymer-10 MAR 16 '99 09:37 PAGE. 01 P. 02 BRIGGS ENGINEERING, Inc. — 1500 West overland Road, Boise, Idaho 33705 — (203) 344-9700 / Fax 345-2950 A e., 3 s This procedure worked well and saved both parties time. This system is also utilized by the City , e utilized due to its efficiency and time saving ability. of Boise. 1 request this procedure b Please call me if you have any questions or need additional information. ;x Sincerely, BRIGGS ENGINEERING, Jn Becky L. Bowcutt. Land Use Planner BLB* 1 ; 6. 3 n I: :A V EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND FA RWEST. IL.L.C. This subdivision is for 327 Single -Family dwelling units with an overall density of 2.69 dwelling units per acre. The DEVELOPER shall: 1. DEVELOPER shall develop the property described in Exhibit "A" as a 327 lot Single Family Residential Development pursuant to §11-9-607 of the Meridian Zoning and Department. Ordinance. 2. DEVELOPER agrees to comply with the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning Director, Ada County Highway District (hereinafter "ACHU), Central District Health Department and the Nampa -Meridian Irrigation District. 3. DEVELOPER covenants and agrees that, in connection with the development of the Subject Property as may be approved by the CITY pursuant to the Preliminary Flat Application filed by DEVELOPER, DEVELOPER shall, at its cost and expense, do and perform the following: a. Landscaping — Eagle Road and Victory Road. Construct a landscape strip within the Subject Property along the full length of Lot 1, Block 1 and Lot 3, Block 4 adjacent to the west right-of-way line of Eagle Road ("Eagle Road Landscaping"), and adjacent to the north right-of-way line of Victory Road ("Victory Road Landscaping"). The Eagle Road and Victory Road Landscaping shall be a minimum of thirty feet (30') in width beyond required ACHD right-of-way. The Eagle and Victory Road Landscaping will be landscaped and sprinkler irrigated in accordance with a landscape plan to be submitted by DEVELOPER and approved by the CITY. b. Sidewalk — Eagle Road and Victory Road. Prior to obtaining a building permit on the Subject Property, deposit funds with the Ada County Highway District for construction of a five-foot (5) concrete sidewalk or construct along the full length of the Subject Property adjacent to the east boundary of the Subject Property ("Eagle Road") and the south boundary of the subject property ("Victory Road"). The Eagle and Victory Road Sidewalk shall be constructed in accordance with the standards and specifications of the Ada County Highway District (hereafter "AC14D') in effect at the time of construction. L Dedication/Sale of.Additional Right -of --Way — Eagle Road and Vietory Road. Dedicate or sell land adjacent to the existing west right-of-way line of Eagle Road and existing north right -of, --way line'of Victory Road required to meet ACHD's EXHIBIT "B" 980204 THOUSAND SPRINGS SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 4 MAR 16 '99 09:39 PAGE.03 P.03 iv vl.. P. 04 and Victory Road, including any necessary bike lanes. 00 d. Internal Roads. Construct the internal roads through the Subject Property as shown on the final plat at the time of development of the Subject Property. The roads shall be in the location and of the dimensions shown on the approved plat and as approved by Ada County Highway District. e. Subdivision Plat(s). DEVELOPER shall timely prepare, submit, and obtain the required approval by the CITY of a subdivision plat for the Subject Property, said plat to be in conformity with the requirements of the Ordinances of the City of Meridian and State Code and preliminary plat approval. f Plan Approvals. Timely submit and obtain the required approval by the City of all building plans, lighting plans, landscaping plans, and other plans relating to the development of the Subject Property in accordance with the Meridian City Ordinances. g. Compliance with ACHD Conditions of Approval. In the development of the Subject Property, comply with the terms and conditions of the approval by ACHD of the development of the Subject Property, as set forth in the ACHD Staff Report. A master drainage plan shall be submitted to ACHD and shall be approved prior to construction of the development. In cases where ACHD's and the CITY's conditions of approval conflict, the conditions which are more restrictive shall take precedence. h. Canals, Ditches and Waterways. Tile all canals, ditches and other waterways on the Subject Property and submit evidence of appropriate approvals from the irrigation district and/or downstream water users, except the waterway, Ridenbaugh Canal as approved under a variance by the Meridian City Council. Water and Sewer Service. Connect all water and sewer facilities within the Subject Property to the municipal water and sewer service of the City of Meridian. All water and sewer facilities constructed or installed by DEVELOPER on the Subject Property shall be in accordance with plans and specifications therefor which shall be first approved by the CITY. V� i. Landscaping — General. Construct and install all landscape areas, as shown on plans to be submitted and approved by the CITY, with sod and sprinkler irrigation system. All shrubs.and trees planted on the Subject Property will comply with the CITY's landscape requirements, unless otherwise expressly approved by the CITY. 4. Li htin . All lighting will be designed in accordance with Meridian Ordinance Section 2-414.D.3'and approved by the Meridian City Engineer. No glare or illumination of adjacent properties, as determined by the CITY, will be permitted. EXHIBIT "B" 980204 THOUSAND SPRINGS SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 4 MAR 16 '99 09:39 PAGE.04 P.05 5. Maintenance of Landscaping. All landscaping referenced in this agreement shall be perpetually maintained in a neat, aesthetically pleasing and workmanlike manner by the DEVELOPER or the Thousand Springs Home Owner's Association. 6. Pressurized Irrigation. Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals from appropriate irrigation District/canal Company and downstream water users must be submitted to the City. 7. Fencing. Perimeter fencing (required prior to obtaining building permits). The fence shall be 5.5 feet (5'5") in height and shall be permanent and constructed of non- combustible materials. The fencing along the Ridenbaugh shall be wrought iron consistent with existing fencing at Los Alamitos Subdivisioin. 8. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet all Ordinances of the CITY. 9. Extension of the Nine Mile Sewer Trunk Line. The applicant will be responsible for extension of the Nine Mile Sewer Trunk line east on E. Three Bars Drive from the stub street in Los Alamitos Subdivision to the subject property. The 12 -inch sewer trunk line will be extended from Los Alamitos with a crossing of the Ridenbaugh Canal. 10. Sewer and Water Crossinp, of Ridenbaugh Canal. Provide evidence of plan approval and License Agreement from Nampa and Meridian Irrigation District prior to construction of sewer and water crossing. l 1. Block Length. The Meridian City Council granted a variance of the maximum block length of 1,000 feet on those blocks which exceeded the requirement. 12. Pedestrian Bridge. Provide evidence of a deposit in the amount of $16,500.00 for each pedestrian bridge to a trust fund at Ada County Highway District for one-half the cost for two future pedestrian bridge over the Ridenbaugh Canal between Lots 33 and 36 Block 4 and on Lot 44, Block 14. 13. One Story Lots. Lots 16 - 22, Block 14 Thousand Springs Subdivision along the Ridenbaugh Canal shall be single story homes. The seven (7) lots adjoining the Ridenbaugh shall be designated as single story on the final plat. 14. Fire Station Lot. The developer shall provide a lot to accommodate a future City Fire Station. The lot is designed as Lot 1, Block 4 on the preliminary plat and shall consist of 1.41 acres (excluding Eagle Road right-of-way). The lot shall be dedicated to the City of Meridian and the final plat shall reflect the dedication. 15. Well Lot. The developer shall provide a lot for a future well lot. This lot is designated as Lot 2, Block 4 on the preliminary plat and shall consist of .32 acres (excluding Eagle Road right-of-way). The lot shall be dedicated to the City of Meridian and the final plat shall reflect the dedication. EXHIBIT "B" 980204 THOUSAND SPRINGS SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of 4 MAR 16 '99 09:40 PA3E.05 4 P.06 16. School/ Park Lot. The developer shall provide a lot for a portion of a future schoot/park site. The lot is designated as Lot 57, Block 4 and shall consist of 2.85 acres (excluding the Ridenbaugh Canal easement). The lot shall be dedicated to the City of Meridian and the final plat shall reflect the dedication. 17. Vehicular Bridge at Ridenbaugh Canal. The developer shall construct a vehicular bridge across the Ridenbaugh Canal and provide a public street connection to E. Three Bars Drive from Thousand Springs Subdivision. Construction plans shall be approved by ACHD and a license agreement approved by NMID prior to construction of the vehicular bridge. 18. Public Street Requirements. The developer shall construct public streets with 50 -foot right-of-ways, 36 -foot street sections and offset 5 -foot sidewalks. The sidewalks shall be offset (4') four feet from back of curb. The (4') four -foot area shall be landscaped and maintained by each lot owner as designated in the Protective Covenants. 19. Setbacks and Lot Pins. The front setbacks shall be 20 -feet from the back of sidewalk (22 -feet from right-of-way). Offset pins and reference markers shall be used for front lot pins. No pins will be placed under the sidewalk. 20. Water Line Corridor. A 20 -foot corridor next to Lot 23, Block 4 shall be provided for extension of the water line to the future well lot. The lot may be a separate lot or part of the well lot. EXHIBIT "B" 980204 THOUSAND SPRINGS SUBDIVISION DEVELOPMENT AGREEMENT Page 4 of 4 MAR 16 '99 09:41 PAGE.06 MERIDIAN CITY COUNCIL MEETING: MARCH 16, 1999 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: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED EVALUATION SHEETS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 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 BOISE PROJECT BOARD OF CONTROL (FORMERLY BOISE U. S. RECLAMATION PROJECT) 2465 OVERLAND ROAD BOISE, IDAHO 83705-3155 February 24, 1999 RE: Thousand Springs Subdivision 93, 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 rT!1 _\/7 _ CITY OF NIERIDL4iVT 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, 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. 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)384-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROTECTS 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: AM W - r 0 Al 410 f VjR OLxj--,e�.. r SUPERINTENDENT Christine H. Donnell February 9, 1999 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: RECEIVED 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 9 Wally Hedrick • Holly Houfburg • 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 D" 1;'1-rTAGISH y "E. ZIMS DRIVE" is aligned with "E DWORSHAK DRIVE" to the west and shall carry the same name "E. DWORSHAK DRIVE". 4 "E. SHEEP CREEK ST." is approved and shall appear on the plat X64 0- "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 /1 Ada County Engineer John Priester';, /i'' % Date Ada Planning Association Ann Hurley_ ��.rY� � L �� �'t V � �. Date City of (impt Mrd) Representativ Date Fire District Representative L.�2�Date 2 - c -F ` Gi e) NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 20 Section PAGE ONE OF TWO NUMBERING OF LOTS AND BLOCKS ^p 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 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. 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 subiect 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 Prie"ster Date Ada Planning Association Ann Hurley '� i Date - — r c� City of (impt Mrd) Representative Date Fire District Representative tJh, Date �� O✓� / NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS 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 Enar. / 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 annear on the plat "E. VICTORY ROAD" "S. TAGISH WAY" "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 "S. TAGISH PLACE" 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, AGE DESIGNEES Ada County Engineer Ada Planning Association City of (impt Mrd) John PriesterE'i Ann Hurley Representative REPRESENTATIVES OR Date 11 f Date Date 1 / Fire District Representative(/�� �St�1-e� Date - - /1)- 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 II!I Sub Index Street Index 3N 1 E 20 Section PAGE ONE OF TWO 1 NUMBERING OF LOTS AND BLOCKS f"� /t t SUBDIVISION EVALUATION SHEET Proposed Development Name THOUSAND SPRINGS NO 3 City Meridian Date Reviewed 02/11/99 Preliminary Stage Final XXX Engineer/Developer Briggs Enar. / 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 Boise City 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 Assoc. Ann Hurley City of (impt Mrd) Representa Fire District Representa Date Q - Date 2 -/ /" 51; 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 1E 20 Section NUMBERING OF LOTS AND BLOCKS TR%su8slsM_c[TYYRM CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division RECEIVEDReturn X11" HEALTH to: DEPARTMENT L -B Z 11999 ❑ Boise ❑ Eagle City o: Meridian ❑ Garden City Rezone # Cit3z CI;t Offiee Conditional Use # Meridian ❑ Kura Preliminary / FinWShort Plat%��?�! rail sem'/; ��;_ J << ✓% ��� rr ,,. ❑ 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 groundwater ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. © 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ® central sewage ❑ community sewage system ❑ community water well ❑ interim sewage to 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: S- central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines S 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. SC -e Q. fT e- ea( Date: Reviewed By: 7o�" GHD 10/91 rd, rev. 7/97 Review Sheet L7�6 C. ENTKAI DiSTRiCT f ALTH DEPARTMENT MAIN OFFICE• 707N.AF(M5r(0NGPl- cCISE.C33iC-1i8:5•(:C3)37.51-5-11 i To prevent and treat disease and disability; to prurnote healthy lifestyles; and to protect and promote the health and quality of our environment. STORNIWATER iNf.kNAGEMENT RECOMivIENDATIONS 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 Ada / Boise County Office 707.`1, Armsrcng PI. Boise. 1O 83704 Hecirn: 327.7499 Fcmey Ptcnr.:ng: 327.74CC mrr.unizc r.c rs: 327-74150 Ser:Cr i'Iurnricn: 327.7460 w1C 327.7489 FA( 327-15CO Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Sctellite Office Elmore County Office Volley County Office 1606 Rccers 520 E. orn Street N. 7C3 N. I sr Srreer Boise, 10 83705 Mounrcln Hcme. 10 83647 ?0. BOX 14e8 Ph. 334-3355 Enviro. Heclrn: 587-9225 `.ICCcu. ID. 83638 FAX. 33133°52? Fcmily ascan: 587 -a -t07 ?h. 634.7194 WIC: 587--'X9 FAX: 634-2174 ® FA:(:587.3521 22 February 1999 Stan -McHutchison `Briggs Engineering Inc. 1800 W. Overland Rd. Boise, ID 83705 ECE rr-�_41) 1= F-1342- r 419 s, � L .j �;" CITY OF NERIDLk 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, r Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File Each Director Secretary -Treasurer Water Superintendent Attorney - Farris ACHD - Hansen City of Meridian APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 i 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 a 16 February 1999 OFFICE: Nampa 466-7861 f ���' S SHOP: Nampa 466-0663 Kathy Stroschein P r 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, k�� . atc 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 Findings of Fact and Conclusions of Law; ka correct copy of which are attached to this Agreement marked Exhibit B) and by this reference incorporated herein. The "Plar' is herein it - if, -d as Thousand Springs SuDdivtsion, North Of Victory and West of Eagle Road, Briggs Engineering, Tnc_, DWr d?tP na; t iS,as 'P -_S, -% ,* G No. 980234 --PRE, Sheet ! of 1 PRE, and revised DWG date 07/08193 RIS, DWG No. 9$0204-PRE2, Sheet I of I PRE2 and for Phase One: date 10114198, 980204, Sheet 1 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 hereto 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 agreement before the City Council takes final action on annexation and zoning designation; and 1.10 W1MREAS, DEVELOPER deems it to be in its best interest to be able to eater into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.11 WPTEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the `Troperty" is in accordance with the teens 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 of Meridian. NOW, TEMREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2.1 That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AG1tEFIAENT PAGE FARWESC, L.L.0 1 ANNEXATTONIzoNING THOUSAND SPRINGS SUBDIVISION 3. 3.1 The uses allowed pursuant to this Agreem—mit are those uses allowed under CITY's Zoning Ordinance Low Zcnszilygojdential Nstrict (R-4� codified 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 opt; LhP 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 Ile er�,tfll&s 4.1 DEVELOPER has submitted to CITY an application for residential Plat approval under 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, r yr •r s �• L:�� .u� • �.' • ' u� .r r W. c r • : 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 fallowing 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" ("Improvement Plans") showing all streets, utilities, pressurized irrigation facilities, fire hydrants, extemsions of water lines to and along the exterior boundary of such property, landscaping, drainage, street and other similar signing and barricades, and other such improvements contemplated within the development, which Improvement Plans and all improvements shown thereon shall meet the approval of the City Engineer. Said Improvement Pians ale 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 DEVELOPMINT AGREEMENT PAGE FARWEST, L.L_C / ANNEXATION/ZONJNG THOUSAND SPRINGS SUBDTVI'SION 5.1.3 That the property zoacd R-4, &scnbed in Exhibit "A", shall have lot sizes of at Ieast Eight Thousand (8,000) square feet, which is the size presented at tl;e City hearings, and shall meet all of the requirements of the R-4 zone including a minimum house size of Fourteen Hundred (1.4001 souare feet; and have no duplex units, townhouses, or patio homes constructed on said property. 5.1.4 That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat by the DEVELOPER and approved by the City, which is incorporated herein as if set forth in full herein. 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 weU as any and all other improvements shown the Improvement Plans as reviewed and approved by the CTiY. 5.16 That DEVELOPER will construct and install all such unprovements 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 C= with said Plans or a duplicate mylar copy of said Plans_ The Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, AU 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 "Certification" thereon, signed by the Registered Professional DEVELOPMENT AGREEMx.NT PAGE 4 FARWEST, LL—C / ANNEXATIONIZONING THOUSAND SPRINGS SUBDIVISION Engineer in charge of the work, that said Plans of the various improvements are true and correct. 5.1.5 That DE`dELOrER shall, immediately upon the completion of each of the two uhaseg o f said dove-lopin-crr notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 5.1.10 That DEVELOPER ag10-es to, and does hereby, grant a secunty 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 terming, and fencing. Provided further that upon request of the DEVELOPER, the MY 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. 5.1.10.1 The CITY finther 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 improvements 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 understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and leading industry to ensure that the loan proceeds or advances will not be used for any other purpose. 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 installation 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 CITY shall require from the DEVELOPER irrevocable letter(s) of credit, cash DEVELOPMENT AGREEMENT PAGE FARwEST, LJ -.0 / A NNE,xATION/ZONING THOUSAND SPRINGS STJBDMSION deposit(s): certified check(s), or negotiable bond(s) as allowed under Section 11-9-606C of the Revised and Compiled Ordinmres of the City of Meridian, and the CTTY shall have the right to withhold a building permit with, ;espcct to any jot within the property until the saint is provided by the DEVELOPER. Said improvcments.shall include, but not be limited to, sewer, water, curb, gutter and sidewalks, imgation and drainage piping, pressurized irrigation system, landscaping and bermirzg, 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 iu Exhibit `B" attached hereto and by this reference made a part hereof, and agrees to construct a perimeter fence around construction areas to contain debris prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed in writing that such fencing is not necessary. 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 later time, DEVLEOPER agrees to design and construct such facilities subject to the CITY's - agreemeAt to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and respon=Ve 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 corners agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such casts shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 5.1.1.5 That DEVELOPER agrees that no farc will be issued until all improvements are completed, unless the CITY and the DEVELOEPR have entered into an addendum agreement stating when the improvements will be completed in a phased development; DEVELOPMENT AGREEMENT PAGE FA.RwEST. L.L.0 I ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION in any event, no !Qe-U C-5 QLQ=angy shall be issued in any Phase in which the iYnprovenm* have not been installed, completed, and accepted by the Cr;l Y. 5.2. No condition_ herein pro% idPdd can be madi£e'? oramended 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 gime. 6. 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. 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 couunitments contained herein within two (2) years of each phase, and after complying with the notice and hearing procedures as outlined iu § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER Ma to cure such failurc within six (6) months of such notice. The two (2) year period of time per phase for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Cede, or any subsequent amendments or recodifications thereof 8.1 CITY shall record either a memorandum ofd3is Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the CITY shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT PAGE 7 FARWEST, L.L.0 / ANNEXATj0N/zoNXNQ THOUSAND SPRINeS SMDWISION 9.1 CITY EMU, fo110-�::ng recordation of the duly approved Agreement, enact a valid and binding Ordinance zor+rr 'Lke Property as specified hemin. 10. DIUAUL 10.1 In the event DEVELOPER, DEVFLOPER's heLrs, _-Imceessors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by CITY of any default by DEVELOPER of any one or more of the coven=ts 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. It. REMEDIES, This Agreement shall be enforceable in any court of competent jurisdiction by either CI'T`Y 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 int equity to secure the specific performance of the covenants, agr=nents, conditions, and obligations contained herein 11.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's secldng 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 fail ut may be cured shall be extended for such period as may be necessary to complete the curing of the see 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 performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPIYIENTAGREEMEM PAGE FARWEST, L.L.0 1 ANNEXA11ON/ZONING THOUSAND SPRJ NGS SUBDMSION 11.3 DEVELOPER agrees that no Certificates of Occupancy will be issued far any building or me e*± 3'c: ;:r. ii ani 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 the interest of the health, welfare andlor safety of the inhabitants of the CITY, the DEVELOPER will, within a reasonable tune 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 CITY the actual costs paid or incurred by the CITY for such improvements so constructed by the CITY, plus interest thereon at an annual interest rate equal to the prime interest rate of First Security Bank N.A- plus five percent (5.U°fo) until paid, said payment to be made in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the 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 oT 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 requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such phase 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 afkr 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 PAGE 1<ARWEST, L.L_C / AN'NEXATiONMMNG THOUSAND SPRINGS SUBOMSION 11.6 DL 'V`ELOrER agrees, that, in the event any of the improvements required herein are not timely installed, the C= may, at its sole option, insta":'_ t`e improvements and declare the entire cost of said improvements to be.. immediately due and payable and may seek to collect such sums in die manner prilvided by law, or play-u—n-le any other remedy set fort -h he -m<^ or as may be available in Iaw 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 83703 Meridian, ID 83642 with copy to: with copy to: City Clerk City of Meridian 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. Attarny Fggs: 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 attomey's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every terra, condition and provision bereo& and that the failure to timely perform any of the obligations DEVELOPMENT AGREEMENT PAGE 10 FARWEST, L.L.0 / ANNE AMON/ZONING THOUSAND SPRINGS SUBDIVISION hereunder shaii cotisiitute a breach of and a default under this Agreement by the other party so failing to perform. 1,Rindinz uPoI1L=9gz=: This Ammment shall be binding upon and inure to the benefit of the p;&ies,respcct;��e hei. , st:ecessors, assigns and pe-bonal. 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 Prope*. Nothing herein shall in any way prevent sate 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. Invalid Provision If 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, DEVELOPED may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve au parties from any obligations hereunder. . 17. Eiml A_reement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPED and Cny 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 otberwise 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. Effective -Date-of Agent_ This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENTPAGE it FARWEST, L.L.0 I ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION IN WTTNESS WHEREOF, the parties have herein executed this agreement and Made it ei%efive as hereinabove provided. _ FARWEST, L.L.C. BY: MARTY 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 persau that executed the instrument on behalf of said corporation, FARVVEST, L.L.C., and acknowledge to me that such corporation executed the same. DEVELOPMENT AGREEMMJT_ PAGE 12 FA.R,WEST, L.LC / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION IN WITNESS WHEREOF, I have hereunto set nay hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) NOTARY PUBLIC EOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: STATE OF IDAHO ) :5S 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, %vho executed the instrMcnt or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: DEVELOPMENT AGREEMENT PAGE 13 FARWEST, L.L.0 1 ANNEXATIONIZON1NG THOUSAND SPRINGS SUBDIVISION *c TOTAL PAGE.13 ** DECLARATION OF CONDITIONS AND RESTRICTIONSOF 1rH0',USA:XD SPRINGS SUBDIVISION Tri flS DECLARATION is made as of the day of , 1998, by FARWEST, L.L.C., hereinafter referred to as "Declarant." RECITALS: 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 �"Associatibn" s`:ail and refer to Thousand Springs Subdivision " orneowners' Association inc., a nonnryefit corporation organized under the'laws of the State of Idaho, its successors aria 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 1. 11 "Lot(s-)" shall mean and refer to the plots or tracts of land comprising the _ Property; designated_ by tpZ a it;ns wars -on :he plat, V.:.ny re -subdivision the Common Area. 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 "Plat" 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 Cly ; scs of 11 na McTbers. The Association shall have two classes of- � 4l1 voting membership hc�;n;'Jpr, afl-•4utea Sii$ii be Qyuai and counted -as such, except'___,_ - ... where voting by separait; classes may 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 irrigation system wiii be conveyed to and operated by the Association i� or the Nampa- - tion hist.. ct". uI—,%4j ra4nr %^a^ r.�c:r�w--d tai. VL a Pclr'i exceeds the desiona►ed storsae level. All other maintenance shall be referred to herein --as "light ma'; AdaCounty!-ligh.v:-ay District (ACRD) has opted to -perform. this heavy i al-inte:ia ce and shall be ailovvrved, by the Homeowners Association, to perforrr: thi-n work. In the event ACHD shall decide not to do such "heavy maintenance" Cher, 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 ACHD, 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 Improvements. The Association shall have the right, in accordance with its Articles and Bylaws, to borrow money for the purpose of maintaining and improving the Common Area and Common Facilities and in support thereof to mortgage said DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 - ~ - property, earn rre,d the rights of such'mortgagee shall at all times be subordinate to the righ 1tS o, u w 01%vipers under this decla, atio, ,. - 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 Assess rner:; a4ainst the OwnAr to pay for the costs of such maintenance and repair o f .a. rd any .^t nr ^note ^r ex -amens, i � +t AV t6rapt� . _.- _._ lii=.a:.: :.. t'•.r': yr r, '' T.. �' . ncluding.—a�.orney , - arisn; c_,t ^f or incidont 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 Pe 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 $240.00 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 !ear,he-m- --ust be a vote o`. ;:,re-thirds of the members affirmisig ariy such increase. - at a meeting duly cailed for iiifs purpose. 111-1a.soarG of Director-s`ofthe Associatio:; may fix the Regular Assessrine� �t at any ar � �ou� �t equal to ov less-ttvan the maximums. 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 $pecial Assessments. In addition -to the Regular -Assessments, the . - „cial Assessment applicable to t`at- - :-.sLOciauon ray Bevy m any assessnnci�i yew-,- � ��� pp vee only, for the purpose of defrayi^g, iri imhcle or in- part, - the cost of an;' constr;:ction or reconstruction, unexpected repair or replacement of a described capitai Jmproverni int 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 Nonoavment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) -per annum. The Association may bring an action against the Owner personally obligated to pay the same, or foreclose the lien against the Lot or Lots of the Owner. 6.12 Subordination to the Lien of Mortgage. The lien of assessments provided for herein shall be subordinate to the lien of any First Mortgage. Sale or transfer of any Lot shall not affect the assessment lien, but the sale or transfer of any Lot pursuant to a Mortgage foreclosure, if the Mortgage is held by any.person other than a prior Owner of the Lot, shall extinguish the lien of such assessments as to payments which have become due prior to such sale or transfer. 6.13 Enforcement of Common Area Maintenance. Notwithstanding that the Association is obligated to maintain the Common Areas and Common Facilities contained therein as defined herein and within the Articles of Incorporation of the rAssociation, 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, pV': oY written, nonce o; 1 -Ls U;;s I-, r, r'a,c::;w.: to beginmaintenanceof the Common l%rea3 or Ccm^;o^ Facilities :: Mn c thirty (30) day period, within which *ImL frame the Association may undertake to initiate and conclude ail maintenance deiecis 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, togetherwith 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 nnts _which do not unreasonably bother or , stitute a nuisance to others may be Kept, provided that they are not xepw, Dred or — ,co, maintained for any comme�ciai{ purpose. cogs and other similar pets shall be a - _ _ - a leash when not confined to an Owner's Lot. (d) All9 arbage, refuse and animal waste ashall 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 equipJ ment, motor homes, trailers, boats, camper, recreational vehicles, and other mobile equipment, trailers, implements, and vehicles (excluding automobiles) of all kinds orl nature shall be parked or stored on any Lot, unless such items are fully screened ori enclosed from view, or "unless the ACC has otherwise approved the location and/or screening of said items. I 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 truk, 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. i (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 lea a 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 Y 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. I ARTICLE 8. BUILD!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. I DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 12 8.2 Sel Backs. The front` lot fine for each lot is located pprc::imate!y two i fir_ p1el 10 h^ �ch -_n.:e c!rrentMeridian_City_.zoninnti �r�ii.nance nr .e r into this current sUbdivision permits a twenty foot front yard set back. it is a specific requirement ui ii-it:Ciiy of My riuian anus a specific buHuding iesz.-, .tion hercin that CH 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. 1 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 witl 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;Buil dings. All construction work on Dwelling units shall be diligently and continuously pursued, and shall be completed within nine (9) months from the date construction siitarted. 8.5 Outbuildings. Outbuildings, separate garages, sheds and shelters may be constructed only simultaneously with or after a Dwelling Unit has been constructed on the Owner's Lot. All such buildings shall be constructed only after written approval thereof by the ACC. All outbuildings shall be constructed of similar or compatible exterior materials.. with the! Dwelling Unit so as to be aesthetically compatible therewith. 8.6 Fences. All Lots shall have an enclosed cedar -fenced backyard, however, no fence or wall of any kind shall be constructed on a Lot unless the plans and specifications therefore, including the location, design, material and colorthereof, have been approved in writing by the ACC prior to the construction or installation. All fences and/or walls constructed on a Lot shall be in compliance with the applicable ordinance of the City of Meridian, Idaho. I All fences and walls shall be subject to the following restrictions: DECLARATION OF COVENANTS,I CONDITIONS AND RESTRICTIONS - 13 (a) No fenco c.:•:a!!:h3!l be. rnit*sd to be constructed or installed on any portion of a nerm crfr..ti{,uctea by the aeciarart in Thousand Springs Subdivision. (b) Fences and walls sriall not extend closer to any sidewalk than twenty feet (20') nor project beyond the setback of the principal building on the Lot. No fence higher than six feet (6') shall be allowed without the prior written approval of the City of Meridian (if relquired) and the ACC. I (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. i 8.7 Landscaaing. The following provisions shall govern the landscaping of Lots within Thousand Springs Subdivision: (a) The Owner r 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. I (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) tengallon 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 ts:• .,een sidewalk and curb of each Lot shall be.landscaped by the Lot-Owner witn_sod_and Newuort.Plum trees of 3" caliper or greater. There shall be one such tree for each 40 lineal feet of Lot street t a.. 1 .1 .�...nl. %.ute. Each n trcc nG�n17 �r:,����ya,� crc,udi;,g....r,v��.�; ....�s. �a�.h such ...,...� ., ...:•:e s rnirrir:^ur^ three-foot -. six-inch diameter ring at its base without sod, planted with 18 mature marigolds and 36 mature fuschia petunias (or such anther 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 usei thereof within Thousand Springs Subdivision, provide parking regulations and other rules regulating the same. 1 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 applian1ces shown on the plans approved by the ACC. l DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 15 9.5 Mailboxes. No tree-standing-mailboxes shall be constructed or installed on any Lot vvii lout the P.;;Di w6tten approval, of the slags U-ppr ;ved-by the CC, 9.6 Signs. No commercial billboard or advertising shall be displayed to use 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 Adol2tion 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. I 9.8 Certification b iSecretar . 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,11 until said member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. a DECLARATION OF COVENANTS, j CONDITIONS AND RESTRICTIONS - 16 i f t 10.2 Al2pointment.'So long as the Declarart owns ?ny Lot or parcel within the Prnnerty; the Declarant_ shall have the, soie rigiii is appeuiiii and remove all members of the ALC. Thereafter, ail members of the ACC shaii be appointed or removed by the 81 and 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 Approval Rea uired. 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. r 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. G 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. I I 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. I DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 17 All ap^lir ;tic^s must contain., or have ,submittsd therewith, the ,followinn material ic-olieu-Lively cailedl"Plans'and Specifications') preparad in accordance witi, acceptable archiltectural standards and submitted with the application form., If any, approved by the' AGC: (a) i e PI n. A site plan showing the location of the Building(s) and all other. structure and Imp- r ovelmants including fences and walls on the Lot, Lot 'drainage and all set backs cuts, driveways, parking areas and other pertinent information relating to the improvements. - (b)iu (ding 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) Landsc Ige 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. I 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 bed made by the, execution and recordation by DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 18 Declarant of a SuMplemental Declaration, .-Ahsch shall describe the Additional Property being annexed, and any s1upplemental _ or .;ir4,-ant covenants, conditions and restrictions applicable thereto, and any de;et;ons 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 ;;f ;his 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 Designation of Common Areas. Any Common Area and Common Facilities designated by Declarant as such on the plat of the newly annexed Additional Property or in the Supplement Declaration or conveyed to the Association by Declarant .shall be subject to the same easements and other rights for the use and enjoyment of the Owners as for the other Owners of Lots subject to this Declaration. 1 ARTICLE 12: WATERS SYSTEMS 12.1 Domestic Water. Each Lot shall have access to a domestic water system to be owned and operatedlby 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 fo'r 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 Commonl 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 iI t i Declarant and owned and operated by the Association or the Nampa-Meridian Ecrigaiic:;; 'et for the benefit of the Declsrflnt, the Associatio^, and Lo* Owners. Ov. ers ` Lotz to which the system has been extended shall be required to pay the assessment therefore regardless of actual use or nonuse of water frorn the iT rigation 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. I ARTICLE 13: GENERAL PROVISION. I 13.1 Enforcement. The Association, any Owner, or any First mortgagee shall have the right to enforce, byl 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. I 13.2 Severability. Invalidation of any one of these covenants or restrictions shall in no way affect other iprovisions which shall remain in full force or effect. 13.3 Term. This Del laration 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. Untillconveyed, 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 e following actions may requireethe 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, �mortgo-ging or dedication of Common Area, dissolution of amendment of the Articles of Incerpera?ien 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, sous 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 acid year first above written! STATE OF IDAHO ss. County of Ada FARWEST, L.L.C. By MARTY GOLDSMITH, Member On this day ofl` , 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. I Notary Public for Idaho (SEAL) Residing at , Idaho Commission expires: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 21 i Z 6 ✓ < < 44gq� T c Z q2 T Mayor ROBERT D. CORRIE Council Membere CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813CANNING AND ZONING KEITH BIRD FEB 0 k 199 DEPARTMENT (208) 884-533 -p II,�ING MERIDIAN ZONING TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comment 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 1 FILE NUMBER: FP -99-003 REQUEST: FINAL PLAT THOUSAND SPRINGS SUBDIVISION NO. 3 BY: FARWEST, LLC f HUB OF TREASURE VALLEY LOCATION OF PROPERTY PROJECT: NORTH OF VICTORY RD, WEST OF A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z PUBLICg4-4264 WORKS MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) 33 EAST IDAHODING DEPARTMENT MERIDIAN, IDAHO 83642 E,(JEIV+,c2os) R 887-22I I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813CANNING AND ZONING KEITH BIRD FEB 0 k 199 DEPARTMENT (208) 884-533 -p II,�ING MERIDIAN ZONING TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comment 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 1 FILE NUMBER: FP -99-003 REQUEST: FINAL PLAT THOUSAND SPRINGS SUBDIVISION NO. 3 BY: FARWEST, LLC LOCATION OF PROPERTY PROJECT: NORTH OF VICTORY RD, WEST OF EAGLE ROAD IOR J TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORN EY ITY ENGINEER CITY PLANNER _CITY FILES INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: 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. m 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. 9 81204\statem ent-c om 11 \ 8934 SF LOT AREAS 1 10 THOUSAND SPRINGS 9294 SF SUBDIVISION NO. 3 9049 7 SF 8 N 8824 SF 7 9076 SF 6 9249 SF 125 5 8684 SF ��OG( 4 9363 SF 3 9645 SF qk.' is 2 G\NS 18 109f 9228 SF 5- 10541 5F 1 17 11877 SF 10611 SF /OGS 0� I L 311334 SF 11991 SF 11502 SF M' _ DRjVE 5 S 13318 SF 0 r� 7 / 27 14188 SF 10730 SF 15 12 6 SCO 12468 SF eC 1 1931 SF �p 1 S n� 20 14 G�iF'� ��2y E. BARTH �Y 11214 SF 10335 SF `r P� FT DRIVE S� BLOCK 14 19 13 22 11355 SF F ?. 10645 SF 6 14647 SF 18 /S/i 2 15519 SF 10610 SF 11096 SF 17 3 8 2 10576 SF 10033 SF 4 12120 SF o X709 16 m 10362 SF 1 g SF sr 10686 SF m t5 5 1 9 U � 10713 SF 14261 SF mJ 14 E. TAGISH CT. rn 10617 SF 13 13950 SF 10 1211 17097 SF t 22 11253 SF 12003 SF 1 49180 SF E. VICTORY ROAD JAN, 33 10276 SF 32 '0080 SF BLOCK 1 31 11319 SF E. SHEEP 3 CREEK STR. Y W � 1 U w r - 10358 SF Q J vi 2 10078 SF 3 10080 SF °D U 4 m 10757 SF 5 S 13318 SF 0 r� 7 / 27 14188 SF 10730 SF 15 12 6 SCO 12468 SF eC 1 1931 SF �p 1 S n� 20 14 G�iF'� ��2y E. BARTH �Y 11214 SF 10335 SF `r P� FT DRIVE S� BLOCK 14 19 13 22 11355 SF F ?. 10645 SF 6 14647 SF 18 /S/i 2 15519 SF 10610 SF 11096 SF 17 3 8 2 10576 SF 10033 SF 4 12120 SF o X709 16 m 10362 SF 1 g SF sr 10686 SF m t5 5 1 9 U � 10713 SF 14261 SF mJ 14 E. TAGISH CT. rn 10617 SF 13 13950 SF 10 1211 17097 SF t 22 11253 SF 12003 SF 1 49180 SF E. VICTORY ROAD JAN, I NSTRUM FNT No. - ---- nTTTrPOTA1T V111" lAlil �'/T D ri�Tl t L - r For Vuhic Received 1 EVA NIXON, Grantor du hereby cnnvep, xelems , remise and 6w vcr qWL cNhn unto DAI,Y A. ML U;:, Grantoe, _2555 r.^t::ag12 Road ---- Mer.i.dian, Idaho 83642 t Use followinK described prep i.w:s, t(, -wit: •I'hl.: UE 1/4 of Lhe SE 1/4 of SueLfun 20 T. 3W., R. IE., U. M. I•::•:i':'PT Lh,: Lr•tt't dost; rI IIs Ik:uri tt:,:`,rt.i. a its L'tu,k '1.1.1 I I .vcir; .IL (rack_ 4.1, CCt7ryt'• rl i(Lt Co mit j, lcl.11tlt, 11,`::r r}1,t•tl r Lh.lt ItilrC !.11i) I: ! .:I: 1/4 rll `il::7t tr,n .:l1 1 -fin., fart t.l, i'•.t:::'i'iii.1! ..;111 11 \•::tt•'r ""d Wo Lor rl :'t 1.: -tit'':,,-.. .ut't (iil.tat . , t:t'.::, ..SC<1 +7..'r'1.•�)n V: .,t,i.::fLr•/I.,nl I„d.:l-,•tr,, Irl' -ill -1111 but I imi L"d t.•., .:•IL,:r w”! diLch rilrltL:. tlr dw: Lhn Numir•t- Wri,!I.ui 1rrt.:.,Liun Din! ricL, i,L :I t .., , ' .II,., , 1'., 1 , , , .. .UI•. .. ' I .,11 t t ..•.... I .,.. r .. 1: , .,:.1: t'r !,• Irl:. I.., I.. I ..•1,. , I to r . ., .. r it 1..1,�. ...,.:il, t i,.• 1,'.... ..Iri ... ,/. s.. .., .,-.. .I.... rl'l.tl., .r, lu.:t r t.•t . 4 ' t i i tog(.0let' witch tltoit' a1,{+u rtvts; nccay I)ottvtl: Lart i }:'I•.\'1'I(IIr II,.\1111, 1 1�1';:'I'}' rrl� .. ,t I•.(r•f u,• .• u...,} I• �I•;i. ur i.,vl (..� .,nl . i.,r., I r .i..�i:. ! / C A- WARRANTY DEED FnR VALUE tE RECEIVED KENAI PARTNERS, :""C,, an Idaho limited !iabi!:ty company, Grantor, does 1 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 '� day of February, 1998. KENAI PARTNERS, L.L.C. `l By r' B �( R. CRMG GROVES G O 8010-,f01 F) BOISE IO AMERICAN LANG WARRANTY DEED - 1 '98 FEB Q6 PF) 2 53 1 STATE OF IDAHO, County of t.da. 1° ss. 4 _ On this .4��ay 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 vvi i NESS -WHEREOF, i have hereunio sei my nand arid aifixud toy'otfilc al - - - - seal the day and year in this certificate first above written. WARRANTY DEED - 2 096,41 � - 6x/��/ Notary Publi for.ldaho Residing at d% e'Ji , I aho , Commission expires:_ � UVJ , Us Y J �'�• E, t WARRANTY DEED - 2 096,41 � - 6x/��/ Notary Publi for.ldaho Residing at d% e'Ji , I aho , Commission expires:_ PARCEL IA .. THENORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUR{i'J'ER OF SECTION 20, TOWNSHIP 3 NORTIi, RANGE I EAST, BOISE MERTDTAN, ADA COUNTY, ID^,JIO. EXCEPT THAT PORTION OF THE SOUTHWEST QUARTEn OF THE SOUTHEAST OUART .R L. S rr r , r, q r• - - - F YING OL.4I OF THE RIDENBAUGH CANAL, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 20 AND 29, TOWNSHIP 3 NOR'T'H, RANGE 1 EAST, BOISE MERIDIAN; THENCE, SOUTH 89036'28" EAST ALONG TIIE SECTION LINE 1341.46 FEET '1'0 A 5/8" IRON PIN MARKING THE EAST 1/16 CORNER AND THE REAL POINT OF BEGINNING; THENCE NORTH 89036'28" WEST 476.36 FEET TO A POINT IN TIDE CENTER OF THE RIDENBAUGI{ CANAL, FROM WHICH A 5/8" IRON PIN BEARS SOUTH 89°36`28" EAST 90.33 FEET; THENCE ALONG THE k:ENT'ER OF THE RIDENBAUGI[ CANAL THE FOLLOWING COURSES AND DISTANCES: NORTH 56000'00" WEST 290.36 FEET NORTH 53020'36" WEST 340,.70 FEET; THENCE 175.70 FEET ALONG A CURVE TO THE 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 00-23-48-- 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 TI{E CEN'T'ER OF SECTION 20; THENCE NORTH 89054'40" EAST 1331.73 FEET TO 'THE C -E 1/16 CORNER; THENCE S0U'I'H 00011'18" WEST 2689.04 FEF'T TO THE POINT OF BEGINNING. EXCEPTING 'LkEREFROM: 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 MAIiKING THE QUARTER CORNER COMMON TO SEC'T'IONS 20 AND 29, TOWNSHIP 3 NORTH, RANGE 1 EAS'T', 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 VIC'T'ORY ROAD, SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 1050'03" EAST 350.00 FEET TO AN IRON PIN; THENCE SOUTH 750.29'15" 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 8903G'17" WEST 140.00 FLET TO THE REAL POINT OF BEGINNING. (CONTINUED) a•/�4t'I°,�, � is '." n PARCEL, OF I,AND LOCATED NORTH AND EAST OF THE RIDENBAUGH CANAL IN THE SOUTHEAST QUAWrEl: OF THE SOU'I'II.'IEST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA CIOUN'I'Y, IDAHO, MORE ORACULARLY DESCR UED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TU SECTIONS 20 AND 29, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN FROM WHICH THE L•'1/16 CORNER BEARS SOUTH U9°3G' 20" EAST 1341.46 FEET; THENCE HORTH,00023'40" EAST 1338.94 IJEET TO TUC C—S1/IG CORNER AND 'T11E REAL P01NT OF BEGINNING; 'fill- NCE SOUTH 00023' 4U"GWEST 597.65 FEET TO A POINT IN THE CENTER OF THE RIDENBAUGH CANAL, FROM WHICH A 1/2" IRON IN BEARS NORTH 0002048" EAST 63.61 FEET; THENCE ALONG TUE CEN'T'ER OF THE RIDENBAUGH CANAL 711E FOLLOWING COURSES AND DISTANCES: NORTH 39655'30" WEST 2795—FEET; T; NORTH 52022'24" WEST 242.5U FEET; NORTH 33035'24" WEST 23.3.60 FEET; THENCE 160.45 FELL' ALONG A CURVE TO THE RIGITI', HAVING A CENTRAL ANGLE OF 12052'08", A RADIUS OF 750.0U FEET, AND A LONG CHORD WHICH (SEARS NOW17H 27009'24" WEST 16U.10 FEET; THENCE NORTH 20043'10" WEST 111.75 FEET TO A POINT ON THE NORTH BOUNDARY OF THE SOUTHEAST QUAR'T'ER OF THE SOUTHW "AT QUARTER OF SAID SECTION 20; THENCE DEPART .NG THE CENTER 00 THE RIDENBAUGH CANAL SOUTH U9°49' 2.' " EAST 443.62 FEET TO THE POINT OF BEGINNING. PARCEL. IC A PARCEL OF LAND LOCATED SOUTH AND BAST OF THE RIUENBAUGH CANAL IN 'TETE: SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2.0, TOWNSHIP 3 NORTH, RANGE 1 EAST', BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIUED AS FOLLOWS: { COMME,11CING AT THE QUARTER CORNER COMMON TO SECTIONS 20 AND 29 TOWNSHIP 3 NORTH, RANGE 1 EAST, FROM WHICH THE E.L/ I G CORNER BEARS SOUTH 09-3G'20" EAST 1341,46 FLET; 'TIIENCE NORTH =21'40" EAST 2.311'.94 FEET TO THE C -S 1/16 CORNER AND THE REAL POINT OF HEGINHIM;; THENcl., ALONG THE SOUTH IRIUNDARY OF 'TETE•. NORTHEAST QUARTER OF THE SOUTHWEST QUARTER NORTH U9°49' 1G" WEST 423. 11.; FEET TO A FOUND 1/2" IRON PIN AS SHOWN ON RECORD, OF SURVEY NO. 1361., INSTRUMENT NO. 924393i, ARECORU NORTH 09-49'3 9 H WEST 422.40 FEET) ; THENCE GENERALLY ALONG THE EAST BANK OF THE RIDENBAUGH CANAL THE FOLLOWING COURSES AND DIS'T'ANCES: NORTH 12°06'03' WEST 117.U3 F'EL'T; NORTH 10002'03" EAST 105. U0 FEET; NORTH 39002' U3" EAST 322.46 FEET; NORTH 34043' 03" EAST 6G.20 FEET; NORTH 4U°22' 33" EAST 174.04 FEET 1'0 A POINT ON THE NORTH BOUNDARY OF THE SOUTH HALF OF THE NORTHEAST QU: RTER OF THE .'.OUT'HWEST QUARTER OF SAID SEC'T'ION 20; THENCE SOUTH 0905G"27" EAST 54.92 FEET TO THE C-M-SI/64 CORNER; THENCE SOUTH 0U°2.3'40" WEST 667.17 FEET 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 BEI 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. TJCjJ-jDFD Og THE REG,,r xnn 0�J12,; ROLL AND Wiili Ji ARE AN ACCRUING LIEN. i 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 COMPA14Y, A CORPORATION, AS SET FORTH IN APT 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. i 5. RIGHT-OF-WAY FOR RIDENBAUGH CANAL AND THE RIGHTS OF ACCESS THERETO FOR MAINTENANCE. 6. RIGHTS-OF-WAY FOR EAGLE AND VICTORY ROADS. 7, SUBJECT TO F A MORTGAGE TO SECURE AN ORIGtiNAL 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 k DEG -11-98 FR1 12;12 BTE PO•1MA0 FAX N0. 2083775981 Pit)NTER Ti7fL , COMPANY OF ADA OOUnTr 1121 West State 51ttet / 15018e, Idaho 83702 (208) 336-67(.* F151 W. PUREntaa Strut / 8015e, Idaho il37O4 (205) 377-x7()a T_T�r9��(C��CI-�.,{p�-�.�}�lcr.ACE ABOPE%l�ftFt kpFtK 4�T:1 V1.iG:�:'t\.o.iiliaCliClT/W��a��HN:1X� } ).;01Lr !. WARRANTY DEP_.D t ^ GN01 LIOUAL) tj 1^I fJR Vat t,,E RECEIVED t'G4RIY t:41�Av151T11a 8Sa ht� t+apSXYt9 4state � r:lGRANTOR(j) 'aes idol herc9q GR,6.j"•f. 6ARGAIN, SPt..t atsd t;Ot�YFY uatQ �. $11RSi$ST L.L c., an Idat;o liinit:ed liabllit cem s=1 Y zany y� G q, 7l;E(Sit 5tih•}Se (Want atdreas iF: L r -• 550 W. State utrCst, floi,4C, Idaha 5.'03 E. I:l)owing deatribed reef pr*otfty la y"aDsr±in,tartyge:,cribdlasialiowa.to.ft: Ada Co4rrb,9tateuttdaho, % t i 5" the attacked lxhibi.t "A" fcr leg$] ar•Striptior ,hiCh i t thxa reference is AttCoxporat_d ? eTejrs, b. i. ALA RcICO-RDEU-F!'OVEST CF 9_1 1, l:Ay'tO tddYAtc�g - %I 1�Df4E, iB 1So F'EED(p fry-_ �I )99300FIt : •� 23 a 42 9$i[itb42 �f PfCNEC- t MLE l Hor TO NC. A tbt i0 Cl&f 6 (:) aa,U Preasis zc with hoar a;.portenmttts t hlo tht.atd Cir"tee(sj. ace •;r3tt:cgjS% ht&s Ind ■ssi ns ' fort:.et. iaz the mid C7dntorfs] dcm (dE} hCrebY cownant to and Wi,,h lha *A GPSmeef ittn G sirt�tc of said preitists: that rand premier, are free fmm 311 encsimbras+ms, �t Cahis s] $. ata the Omre(s1 os fee t7bject and tiM: ati4G w(ft:ed or dttine bf the Oranteefa ; ti.. EXCEPT those to which tltb : otneraact ie c>,7res�r Marie rn and ) SG.� .t to rrse:,rat[ow, mt ict Orte, deiatlons, earrrawfss rtsters of t Y elms assts. { t aiy) or rccard, aad trnret ia,da and as:tsasoeats t current pear., whieli are not ytx dee and pagyy:a, that 4raotor s} atiRruivdcs tsr[tadon as si �t�tt. aasaasr arts, {f ]tet L*t t. 10.140 �•er. ( wairant and detesld she rim :ran an lawfd cleima � ktttad: October 22, 1998 i t 9TSTE OA __.2} } l County of fl- an 4Ak .Onus X. —_.dayof__ OCCG9AY �f O ae �, in thcyemrof _ 1998 Sgrgt me Z� — rt th vIasYPnbiic pzrsOnaslYaPr'rarcd _•' y kor'omw! be etxraar{efw.yosrwame(s] — — — IT"" . sndwnMthwter iF't � -c that _ he ert _ ecated tl:e same.— anee. � wbscrihcd toaa,n r.kbio fi _I 1� y4. QF 1�� Rasidi tg it: rrryrN,a J4fyCamR'tsFi'�. irec_�......--kelt 17y—�Q^C9 �— S=; '�it'i1':(i�Rs'7tj�JiSt~f3iY1? • r � +. lrY'fi�ti{?r idti"7i4 i2£i0f'4li�f 3S'cj7f3EYi�t i%{-3hFiLYi4fif;�i417' P. it i./OR DEC -ii -98 FRI 12:12 BTB MOW FAX NO. 210B3771-86; P, u2 f�tifi EX44OXT A .A PARCEL OF LRAiD SEIN1 ALL OF THAT AORT,01: CF THE hi)RT1jEAST-C.ARTER :'0U NFART OL'ARTER OF SECTION AD, TOWHS(1IP 3 KOSTti, RANGE { EA;T, BOISE MERIDIAN, AOA COUNTY, IOAND, LYING SOUTHERLY OF AND AjDJACEtq CENTIM.016 OF THE '0 THE PFS _RICENEAUGH-04NAL, 3AIC ; EL u%IiiCi iiilHE PA1THEARj_YCRISV) AS FOLLOWS: COMMENCING AT THE 9RA$g CA}% N1AFcKI�l43 THE C3WIER COL6t(3N TO SEC71015 2p, 21 28 AND 20, TOWNSHIP 3 NORrf(, RANae I EMT, BOISE MERMIAN, AV C01,1NTY, IOAHO; i TkENCE NDRTN 0 DEGREE$ DO -04- WEST 13$3.08 FEET TO AN AXft MkMN3 THE SOUTfWT CORNER OF $AI0 N05TKAST UUA.RTFR 8(lVTHEAST QOARTER ti= SECTIC11a 20, SAID PGiNT BEING TM! REAL POINT OF H}r9NTNGj, THENCE NORTH 89 OMREES 50'39' WEST 1336.59 FEET; THENCE NORTH D DEGREES 1115&' EAST 1226.30 FEET YO THE GENTER.,ENE OF THF RICENSAUGH CANAL; THENCE ALONG SAID CE.YTERLINE THE FO'_LCWINU COURSES AND OISTAN( SOUTH 85 OEGREES 56'08' EAS'r'560.84 FEET TO A FOXNT OF CURVE; THENCE ALONO A CLPVE YO THE LEFY 118,45 FEET, SAID CURVE HAVIf 0 A DELTA OF 33 DEG9EES 21.36', A RADIUS Of 200.00 FEEF, TANGENT$ CF 54,{'3 FEET AND A L0143 CHORD OF 114.81 FEET` WHICH EEAaS NORTH Z7 "GENTE3 23'13 EAST TO A POIMT OF UNGFNT; 7ME4C£ ROATH CO DEGREES 42+2e', FAST 121.50 FEET TO A POINT OF : WIVE; THENCE ALONO A CURVE TO THE RIGHT 222,31 FEET, SAID CURVE HAVI'G A OEM OF 50 bEGREES 57,X- , A RAOTUS OF 250.00 PNET, TA96ENT1 OF 118 11 FEET AND A LONG GHOHU OF 215.06 FEET MilCH SEARS NORTH 66 DEGREES (•,'g5' EAST TO A POINT OF TANGENT; THENCE SOUTH 6S DEGREES 20'35° EAST 308,3:1 FEET TO THE LINE GO•r1tON to SAID St4TIONS 20 AND 21; THENCE SOUTH 0 DEGREES 00142. WtST 1154.00 FEET TO THE REAL POINT OF BEGINNING, 1:ND OF MAL DESCRIPTION T T DEC -ii -98 FRi 12:13 BT6 POTOMAC FAX NO, 2083775861 u �•;r,� M� �AYI j i ` e''' REQ^cT f4Q 199 WA��—K::>�1EPU jY � 7 PM G= S3 POR VALUERtCEIv Q, MARTYGOLpS t9!10966. M Tl , an unrnartied person, GRANTOFI, • does hereby BARGAIN,S and CONVEY .!L � Unto f':ARVifE$T L.L•G., an Idaho limited 118bility company, GRANTEE, whose current addre!s is 4560 w. G#ate Street, Idaho $3703, the fglltilnrin Boise, g described premtses In sida Courityr, State of Idaho, lY;ore part!,Wlarly described as fo(lows, to wit: 4 See Exhibit "A" attached hereto. TO HAVE AND 70 HOLD the said promise, ,.,pith their appurtenances unto the said Grantee, its heirs' and assigns forever, Awl thA —.4 r.__. _ . Covenant tb and with the said Grantee that it is h v VrF e owner in fee simpre of said prerni as, that they are free from all encurnbrances Eixceftt current property taxes and a8ses$ments, liens, easfornents and restrictions of rf;cord, or that are visible upon the premises; and that Grantor w0i warrant and defend the same from all Lawful claim, whatsoever. IN WITNESS WI-tc-REC) , the Grantor hos ca used his nama to be hereunto skibscribed to this Warranty Creed the ay of c;OPternber, 1993. wARRANIY DEED - t FR1 12:13 STE POTOMAu c9 140. 2M775861 P. 04/08 I SATE OF IDAHO ) � ss. County of Ada } On this !'r day Of September, 1998 bele:,. Public in and for $aid State, personal[ a e me' the undersigned, a Notary Identified to known alld m8 to bo the person whoso na eats Su - Gr� Gd thew thin instrument, and acknowledged to me that he executed the sa. -ie, IN WITNESS WHl=REOF, 1 have hereunto se+ rn seat the day and year In this certificate first above written, and affixed my official (SEAL) Notary Pa I.-&aoResiding at aha� 5v x WAFIRANTY bEED • 2 F. uEC-11,96 FRI 12;14 BTE POTOMAC FRX NO, 2093775881A ,v Jar, ='`?79;8 19:Ja FFyI y r:) prt0PC)$Ca TNOUVAM) g�R (3S ! ' itiNQ$ st. 9Diy►S1ora A pdtc 4 d land lying in the SOirtt est of SO_Uon 20, tovrr sh1 i Boise ty�d;an. Aria Goun ty, lgailo, rtlore partteutatty des�rkt, 3u es tollwh Range t t=eat, {;OMiY14 lirg of tits snytjib4st corNr of SeGt{on ZU, N 43°36'44~ W 134i_20 feet to the s UN., R ►E„ �} � thence 00'11'31' E 1344.49 foe1 to the outheast camoer at the Str r y pt the f/. R39p " E 38f?_t q i `4pthwest Domer 8f bf the fi . UJIVIO t�f BL;GiNwlrvd of the south tido of t11� NE t of !li4 SE yf � K,�,thenw N 1$ descritrti0n; RE,q�, �'t71NT Theme iV 04n2�,08.. W 17'9.if9 rogtt0 a F►ra7r� 3hance N OOd00'Ua" � 273,27 feet to a 00im IhOnov N 04°04W t= 50,00 fcw# (v a palnk Thenog t38'fy0 0p" 11/ 7.50 f0t to �, point; Thonce t1 04"I)O p• P 112.00 ieet to a pool. lit$nGo S 23Ei�50'pp` F 16.28 reel to 73 R4irtt: Thence iJ 04°00'0(1 E 112.09 teat tv a point; TbenPA #oa0o`w W 37.09 foot to a pofnt; Yhenco t l 04'09'W E 474.27 feet b aoe7dertitla o f Poll" ort the ftte Rich Thence � 8,�r�pg- E 163_$7 it3a1 atoasaid cattlerjit� 10 � r��1j Cartai; ¢ Pq*4of CUnrgtuto; Th9r,saa aiott� aa}0 ate rodtu pF 2 dine atm0 a CM6 tp the loft 110.45 fe06 said t:utve ha+r;i7g 7s chotd wiirch boars t- 41 c 3 LW angle of 33� 1 '38'. tangents 01511,93 feet end a tOcsQ a6 i E 114,t3t feat by a pbwoftaVer'Y. Thence N �°4x•18.1;; 71.50 tQef azo N said c8nterj<no to a 1}oirtt Of Ct7rvatuie; NnCe atortg said �C$htedine alar cad$ts of 5p,ga ( � t ntrar far79 a Curya to thea If0l 222.33 fe,.4 said cine h�vm a chord which bears N a gie of 50°67'Ir, Wgen� Q( T., �.iz fg 9 a0 ?4'07 fi 255.08 ret to a kirit Ot �� e , And a rang Thence S Ca4W,;E4" .qrt fee ver' -r: y of S. E.e fa �� S Lard ceatert »e to 9 �to�d, t along 8 Pole, ontt� 9 IAVSlorty right ar Ttieh� S 0`a'p0'1d- E ttF.3.%d a@t Along safd � �uti) prig 9f IN Ne ,! � � fSE Ss' Wes uny right rf w; y to a point 0,1 the 0 DEC -II -98 FRI 12:14 OTE POTRAC FRX NO, 2083775861 r MEAL PalPJi Of 9> G t3�t�tlN(�-i�7 teQtakYe �i�91h9 south line of �G13 tdE vt Stas $E .l =0 �vl tt,ls d�srxipl'wn. fhe 3ald P"'00' cif tinct 4ttnfa;ns �6 32 a4r,3s, mere or Iris, JA1*61 E. 141114. P.L.S. Na. a039 r,rf,,t.- t'�TCa P. 06106 - I F-FL'� 1 t DE�:ELL`PPIEN7 $ERV ICE.;i ADA COUN1 J Proposed Development Name -UNKNOWN i6oldsrnith Charter Ine.t _ _File No -none nate Reviewed 04192rsB — Preliminary Staged _ _final - Engineerflleveioper The Street name comments listed below are made by the members of the ADA COUNTY $-rREE-r NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Ada County Street Name Ordinance. s ♦ 1 /!� - - 1.11- j 11 � 11 ! 1!►.. f !! i1 x•11. ! 1 . i i • - +4• l%_• :!•11. 1 •= - lull -1 f� Ii11ti l• •l l d•- • 1 a• .- tH d .l-! 1NWAN CREEK" 12 aglMved and may be used ijithis dey to m a " , '3S s2i Si ' is sanraved and will bg razarved.- 'SHARKEYff is sirnflwto die axisbng "CH RA DIE" and r,/81i[lll#�J�SI ' The above street name corrim®nts have been read andappro OMved by the following' MITTsignatures.,* agency;; representatives of the; ADA COUNTY STREET NAME CALL of the signatures 'must be secured • by the, representative or his designee in order for the' street names to officially approved.. _ ADA COUNTY STRk£T NAME CQMMITT><E E�ICY ATiVEB OR DiaNRES Ada County Engineer John Priester Date - ,Ada Plan 1 c� •V ' ` 'EY Hing Association Aura Hurley Date Ctty of unknown Representative " Date Fire District unknown Rewasentative Date NOTE: A copy of this evellation sheet must be prevented to ft Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be darted !!II PAGE ONE OF IStx. Subindex "Street Index Section . J . t4UM8M14Q OF LOTS AND BLOCKS TIIL6Ue15lC0UliTY.hpM $ 'IQ- rxvELCPt-ENT sERvccE$ r� -� 2ea3s4z4,�.,, 19'JS�4-20 14:0Z 8316 P. 02/06 e; ADWAA COUNTY EVALUATION SHEET Proposed Developmant Nerve UNKNO FIA No 777??77? _ Date Reviewed 04102198 _ Preliminary Stage x Final Engineer/Developer .?}7777777 i GaIdsm'rth Charter The Street name comments iistad below are made by the members of the ADA COUNTY . ; STREET NAME COMMITTEE fundal direction of the Ada County EnginAAr} regarding development In accordance with the Ada Camty Straet Name Ordinance. F _ PAGETWO OF } X �Cf ATF CROCK" ie rdserygd for this dayelopment. _ c..+ . �Wll D 99-'ig a duplican and cannot be use 'WILLOW Our CREEK' In a duplication and cannot be used. 'X,10 NATA" is elmilor tq 16existim 'SANADA" and cannot be LSI 'MIRACLE' lie a'dcnlirsttion Wd aaenot be used. &C ATTAN0 +A' is approved by Ada Cau= HighwtaX Uiatrint and WiH bmA respVad. 'GRANITE CRr_.R_FFK" is ao%=dv hy Ada Coyly Highway MgEipt and will be r served. _ �s "CHEEP r'IiM" ijaRproved by Ada Cou L FllghwaX.(}jstrict and y1ill be res ed. The above serest name comments have been road and approved by the following agency„ representatives of the ADA,COUNTY STREET NAME-COMMITTEE. ALL of the must be s$cured by the representative or his designee in order for the street names• ta', officially approved. ' ADA COUNTY STREET NAME:' ONIMITt'E'E. AQENCY EN'!AnvE$ OR DwGNFES' - i r Ada County Engineor Jahn Priester Date Ada Planning Associ01 a n Ann Nudfey ate "� City of unknown epresentative Date Fire District unknownRepresentative Date• NOTE.:' A copy of this avvsheet must be presented to the Ada Pourrty Ettginesr.at.the r - timA 4f signMg the "finer plat ; otherwise the plat •vAl not be Itigned 1111 Sub Index _.: Strset M Sectiian NUMBERING OF LATS AND BLOCKS - 'nns�tourmr�� • • a: 0 Ur.83Z4206 is 0_;-i0 ADA COUNTY EVALUATION SHEET Proposed Development Name [UJKIkrN4PWN File No ????Z Date -FteVJeiWed_Qk02JRe� Preliminary Stage -XX— Final --.L-- Engineer/Develop The 5tract name comments listed below ata made by the members of theAUA COUNTY - MEET NAME COMMITTEE {under direction of the Ada County Engincerl regarding this development in accordance with the Ada County Street Name Ordinance. -F OF X PAGE Tt4 r "KIRKHAM* kA duplicatiQ0 And.ro nnat be uaed, "PINP FLAJM' ig gggtoyod'ind rnaU be used in this dgyeIgpmqnt:. 1101LING SPRINGV' is nab er t 3 jgtters and can[) t he uagd. _QN DIPPER" Is gpgroved and shafij�ft [eserved fvr thin development— 'Mg 'PI11E ift this dAvelopment, BIJW is angEaved and may ba-uspd 1M01,LyrSW is cannot Do used, 4mflar to the M W-aad the reserved IMULCANO, ap it CaDnot be -used, The above -street name co(Wments have been read and approved by the following agenciy, representatives of the -ADA COUNTY STREET NAME COMMITTEE. ALL of ft signaturesmust be secured by the representative or his daslgme in order for the strut names -'to officlaN awroved. ADA COUNTY STREET NAME COMMI[TM GENCY RE"OENTA'nVES OR DEWKW (dadDate* Ada County Engineer• John PrIeffw -Ada-Plant.1ing Association Ann Hurley Date City ofunknown Representative Date *Fire Distriat unknownRepresentative' bale NOTE: A COPY of Ws avalustlon,sheet nx= be presented to *9 Ads County Engineer at the time Of 3iWft the -fiftM P10", Gtherwbe the plot wig not be signed iM Sub Index 'Street Index_&mkapXn Section NUMBERING OF LOTS AND, BLOCKS - -- -- -Rf PM t nFVELOPMEW SERV ICES--- -� 2-__0_'S424Q6i \ _ 74-20 14904 iK3I5 P. 041,46 -. ,SDA COUNTY EVALUATION SHEET Proposed Development (dame File No-???-? Date Rev1ewod_Q4/0 /q8 Preliminary Stage XX Final. Englnear/Develaper 7i7?7?7 t �Gotdsmlth C_h�j,�r 'rho Street name comments listed below are made by the members of the ADA C4UN7Y . ,. -STREET NAME COMMITTEE Sunder direction of the Ada Cqunty Engineer} regarding this,. -development in accordenc4 with the Ada County Street Name Ord'mnce. PAG�EOUR OF :.,. . "ZIM'S• is aWgoyed. pd canba,lisea ae r ved. BpMd and wilt be rejerye� � AV9iAC3m@alt ory, $: 'NETT BAY" i5 8pwgved'hy A y Nigh___ wsy DW1c.Land will he to erved. Y• AW aRaLqyed a�d can he used Ibis de�jpingmeM. ` Yt=n15" f agnrov�Bnd y ill be re erV�$P' 111 t�11S.�9Yaloopme�— 'gaqh"j-4 aggXovad apd wily: used for this dauximment. !COLDBUG" Is anI)rOYM and will be resgWd. - •. t' rte•, "rho above street name -comments have been read and approved by the following agency.,.:;:: ropresentatives ;of the ADA C0.UNTY STREET NAME COMMITTEE. ALL of the sigmtureg .•_ ;. •,, , -must be sacured by the. representative or his designee in order for the street names to' b� }'." •.. officially approved. �+ ADA COUNTY STREET NAME COMMITTEE, OENC FIESEMrATNES OR DESIGNEES Ada County Engineer - John Primer Date A09 Planning Association .AnnMurleyAA Oats City of unknown. Represen7etive — - - Date fire•District unknown Representative Date NOTE: A. copy of thio evaivatian 4mt ftm be presented to the Ade County Engineer of;, a _- limo of signing -the "fin&1'piat".:otherurise the plat will not be signed till Sub Index ' --Street Lttdex-ma sown Section NUMBERING OF LOTS AND BLOCKS - t�U�►coVirrGN+1A AFRGM :L7EVELOI`f-16NT C6'RVICES 4�rc^^-C_� t�'3; 4-10 14:06 MV; P,05/06 r AL AI COUNTY E'VAL UATION SHEET Proposed Development Name Nl4 N File No ??Zj -_ P , Date Reviewed 0j/ 08 I - Preliminary Stage XXX Final Engineer/Developerx»77}7 /-Qglds ith Charter The Street name contmerrts 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. PACE FIVE QF SiX "irHA t_15" is dugie�tjgn and annot be used - .BASIN CRMKO is gpptnved by A a Coum Highway District and will be received. "ELKHORN' is -�Lrwananot be used, li n -QH F -N CANYON. Is anoroved by Ada C"InTV Hiohwgy Dls#rioLgnd w'il 6e res rtr _ '[ �ig tSPIiC 'an aan[1o2 i�Bfli>y - ,".t�I,AT-SQO-PAH"„(s,�y�prayed and rnav be used in this develQbment.. "ALANTA"-is„Abproved and may be 14ed, 'NI i;,�VEYER" is approved and Wilibereserved. 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 representativa or his designee in order for the street names to be officially approved, r ADA COUNTY STREET NAME COMMITTEE ENOY NEPROSENTATWES OR DESIGNEES Ada County Engineer John Pries or Date r Z -7Y Ada Planning Association Ann Hurley 0 Date ` Z City of unknown Representative Date -Fire Districtunknown 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 wM not he sign" till: Subindex Street Ind Section NUMBERING OF LOTS AND BLOCKS TRlMAMOUN” Em r FROJ1 .Inc�E�oP� �r SseRvtc>=a 2g, -M-42405 -1G3 14:17 #315 R. o6/0Q f ADA COUNTY EVALUATION SHEET Proposed Development Name U KND File No ??? Date Reviewed 04/01_98 r Preliminary Stage XXX _ Pinal Engineer/Developer-?j???? I Goldsmith ChaMr The Street name ewments 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 Strbet Name Ordinance. p GE Sly dF SIS _ y(FTUS' is ao Mmg and wiN be res +red far thio �eveionmer�t "SAC !A" i annreamri iskA ma `_SAWTOOT i" is a du llcaiQn and cannot bg use milli M iff"11MIG-rart1r7wr -- -- The above street name camMents 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.ENGY �It UNTAYIVES OR DESIGNEES Ada County FAgineer John Pri0w A J{ Date° Ada Planning Association Ann Hurley [late, City of unknown 11wasentative Date Fire Distriot unknown Representative Date NOTE; A copy of this evaluation sheat rMst be preseeted to the Ada County Engineer at the tine of signing the "final plat', otherwise the plat wHI not be signed ll!I Sub Index Street index unlrnown __ Section NUMBERING OF LOTS AND BLOCKS TAtSUMCOUNMFIN 11 k FP`,FJM lDLVELOPMENT SERVICES 13 ,b4-10 14: OS ={313 P.03/p8 ADA COUNTY EVALUATION SHEET Proposed Development Name UNKNOWN File Na._i'»? Date Reviewed, 04/02198 Preliminary StaggXXXFinal Engineer/Developer 7?7177 1 G mi 1!'h rter 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 accardanca with the Ada Cgunty Street Name Ordinance. PAGE 51X!Dr SIX -- 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 offidafly approved. ADA GOUNIY sTREET NAME COMM Ada County Erigineer John Pries Ada Planning Association Ann Hurle, NES OR DI:SIGNE.ES Date �— City of unknown `Repiesentative - - Date Fire District unknown aepresentative __ — — — Date NOTE. A copy of this evacuation sheet must be presented to the Ada Cougty ifngitreer at the time of Wgrdng the "final plat", otherwise the plat will not be signed ills — Sub Index Street Index_un nn n Section NUMBERING OF LOTS AND BLOCKS r*SUMCouwrr~ X§" is a2QMyed .,d .s cf. for this dgveloMent- -*8ACAJAVAA' ♦fa cf b• . .. r:R • l 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 offidafly approved. ADA GOUNIY sTREET NAME COMM Ada County Erigineer John Pries Ada Planning Association Ann Hurle, NES OR DI:SIGNE.ES Date �— City of unknown `Repiesentative - - Date Fire District unknown aepresentative __ — — — Date NOTE. A copy of this evacuation sheet must be presented to the Ada Cougty ifngitreer at the time of Wgrdng the "final plat", otherwise the plat will not be signed ills — Sub Index Street Index_un nn n Section NUMBERING OF LOTS AND BLOCKS r*SUMCouwrr~ A 1 tY r REQUEST FOR SUBDIVISiON APPROVAL FINAL PLAT i -PLANNING- AND --ZONING C—.0M FISSION' 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 '/ Sec. 20, T.3N., R.1 E., (North of Victory & west of Eagle Rd. ) 3. Owners of record, Sally Martin and Marty Goldsmith Address 4550 W. State Street, Boise, ID , Zip 83703 Telephone 388-0189 4. Applicant Farwest, L.L.C. (Marty Goldsmith) Address, 4550 W. State St., Boise ID 83703 5. Engineer, Kathy Stroschein Firm Briggs Engineering, Inc. Address, 1800 W. Overland Road, Boise, ID Zip 83705 Telephone 344-9700 6. Name and address to receive City billings: Name Farwest, L.L.C. Address 4550 W. State St., Boise, ID 83703 Telephone 388-0189 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\subapp l -final -mer (1) 5. Zoning Classification (§) - 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 0. Are there proposed recreational amenities to the City Micro -Path Explain 10. Are there proposed dedications of common areas? No I 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 structures 1,400 SF C. Are garages provided for, Yes square footage 400 SF min. d. Are other coverings provided for e. Landscaping has been provided for Yes Describe Common lots will be landscaped f. Trees will be provided for Yes, trees will be maintained by Homeowners Assoc. g. Sprinkler systems are provided for Yes all landscaped areas 981204\subappl-final-mer (2) h. Are there multipie units - No , Type -- - A Remarks Are #hcre spcciGi set back requirements--_ __ ---. _Yes -_ Expiain Front yard setback: 20 feet from back of sidewalk (22' -from R.O.W.) j. Has off street parking been provided for Yes Explain Driveways and Garages k. Value range of property N/A I. Type of financing for development Conventional M. Protective covenants were submitted Yes, Date 4/16/98 16. Does the proposal land lock other property Stub streets have been provided Does it create Enclaves STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 4 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 0 1 u IN. E Now t 10 1 1 ] I z< r I t ] s C M S � ]] cnEoc � m I 1 " = 300' \\ a la 1 ] 1 4 p ] t ! 1 It a � 1t � a 1 . I u 1 fo u y \ p Is • � M 4 •aal u 1. ! 1 4 1 \ ,t _I s t E TAMW Cr. 1 11 1 1 JAN 2 9 1999 RA RT SITE E VICTORY ROAD 1000 1500 Feet 1 C/i aoPe BOUNIARY MF� } BPoGGS ENGINEERING, INC. THOUSAND SPRINGS SUBDIVISION NO. 3 REVISION BRIGGS SE 1/4 SECTION 20, T3N, RIE, B.M. JAIL 2 9 1999 IMERIDIAN; ADA COUNTY, IDAHO � SHEET 10F 1 M 344-9700 1800 W. Mv4fi OROAD DESIGN DRAFT SME DATE DING. NO. 801SE DNiO 83706 BKB 1.= 0129a 1 961204 1981204APR OCT 2 0 1938 DEVELOPMENT AGREEMEIN7 CPI ' OF 1IE ONN THIS DEVELOPMEN-r AGREEMENT. (this "A greement"):.e gnd ...� t _s .,.,.. into this- day of 1998, by and between CITY OF MERIDIAN, a municipal comoration of ;he State of Idaho, herea,+terFARWE� LLC, a Limited'LiabiIity Company, hereinafter called "DEVELOPER ', whose address is 4550 W. State Street, Boise, Idaho 83702. RECI'T'ALS: , 1.1 WHEREAS, DEVELOPER is the sole owner, is 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 r 1.2 WHEREAS, I.C. §67-6511A, Idaho .ode, provides that cities may, by ordinance, require or permit as a condition of re zoning that the owner or developer make a written commitment concerning the use or development of the subject property; and 1.3 WIMREAS, CITY has exercised its statutory authority by the enactment of Ordinauce 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 Density &9dotal Dict a -A) Ci , oT a 11-2- 4085 (3) (Municipal Code of the City of Meridian); and - 1.5 WHEREAS, DEVELOPER made 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 VA EREAS, record of the proceedings request for annexation and zoning designation of the subject Property held before the planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jtirisdiction, 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 WPiEREAS, a request was made to the CITY to have the same annexed to said CITY, and zoned, and the DEVELOPER has submitted to the CITY a "Plat" thereof which has been approved for annexation by the CITY and as part of the annexation and zoning the CITY adopted and approved DEVELOPMENT AGREEMENT PAGE FARWEST, LL.0 / ANNEXATION/ZONING THOUSAND SPR NGS SUBDIVISION Findings of Fact and Conclusions of Law; (a correct copy of which are attached to this Agreement marked Exhibit 13) and by this reference incorporated herein. The "PIAT' is here -in ide!gi#icd as 'd`housand Springs Subdivision, North of Victory and West of Eagle Road, Briggs Engineering, Inc_, DWG date 04/16/90 P- T S, !YWG No. 980204 PRE, Sheet l of I PRE, and revised DWG date 07/08193 RIS, DWG No. 980204 -PRF -2, Sheet 1 of I PRE2 and for Phase One: date 10114/98, 980204, Sheet 1 of 2; and 1.8 WHF-REAS, 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 13, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and. 1.9 WIMP AS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on wmexation 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 volunta=iiy and at its urging and requests; and 1.11 WPEREAS, CITY requires the DEVELOPER to enter 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 is accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the .Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, iA consideration of the covenants and conditions set kTtwherein, the parties agree as follows: 2. INCA QRAT . "F RECITALS F 2.1 That the above recitals are contractual and binding and are incorporated herein as if set forth in full. a �" rt w k e DEVELOPMENT AGMEMENT FARWES'C U -C / ANNEXAUONIZOMNG THOUSAND SPRINGS SUBDIVISION .PAGE 3. 3.1 The uses allowed pursuant to this A reem-ent are those uses allcwed under CI"ivs zoning Ordinance Low TSensity itesidential Dist= (R-4} codified at section 11-2-40813 (3) Municipal Code of the City of Meridiani 1 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without i r odification of this Agreement. 4. DEVELOPMEN1 IN QQNDDMNAL USE, 4.1 DEVELOPER has submitted. to C1TY an application for residential Plat approval under 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 couunenoelnent of construction of any building or improvements on the property. 5, N S' T.� D � LOPMF�i T OF SI B iF PROPERM 5.1 DEVELOPER shall develop subject Property including the obtaineuce of the appropriate permits and compliance with CITY ordinances regarding the building pennits and other iife safety codes applicable to such develop x�ent in accordance with the following special conditions: 5.1.1 That DEVELOPER will rile or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement plans" ("Improvement Plans') showing ali streets, utilities, pressurized irrigation facilities, fire hydrants, extensions of water lines to and along the exterior boundary of such property, landscaping, drainage, sheet and other similar signing and barricades, end other such unprovcments contemplated within the developrneut, which Improvement Plans and all improvements shown thereon shall meet de approval of the City Engineer. Said Improvernerrt Plans are 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. DEVELOPMENrAGREEMENT PAGE FARWEST, L.L_C / ANNEXATION/ZONING THOUSAND SPRINGS SUBDrWSION 5.1.3. That the property coned R-4, described in Exhibit "A", shall have lot sizes of at least Eight Thousand (8,000) square feet, which is the size presented at tliF City hearings, and shall meet all of the requirements of the R-4 zone including a minimum house size of Fourteen Hundred (1,400) square feet; and have no duplex units, townhouses, or patio homes constructed on said property. 5.1.4 That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat by the DEVF—T OPER 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 Plans as reviewed and approved by the CITY. 5.16 That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished. 5.1.7 That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notificatian of when and of what iznprovernents 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 Plates or a duplicate mylar copy of said Platys_ 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 "Certification" thereon, signed by the Registered Professional DEVELOPMENT AGREENhRlstr PAGE FARWEST, LL.0 / ANNEXATIONIZONING THOUSAND SPRINGS SUBDIVISION Engineer in charge of the work, that said Plans of the various improvements are true and correct. 5.1.9 That DF%fELOPER shall, immediately upon the completion of each of the two phases of said developazeirt, notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 5.1.14 That DEVELOPER agr--s tn, and does hereby, grant a secuy interest in the laud which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. Provided further that upon request of the DEVELOPED, 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 fiuther agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, ' deed of trust, or other security device required to secure ' the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall fust warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the laud and that it will take reasonable precautions usual and custocnazyy to the financing and leading industry to ensure that the loan proceeds or advances will not be used for any other purpose. 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 -ir llation 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 CTT'Y shall require from the DEVELOPER irrevocable letter(s) of credit, cash DEVELOPMENT AGREEMENT PAGE FARWEST, LJ—C 1 ANNEXATIONIZONING THOUSAND SPRINGS SUBDIVISION deposits), certified check(s), or negotiable bond(s) as allowed under Section 11-9-606C of the Revised and Compiled Ordinances of the City of Meridian, and the CITY shall have the Fight to withhold a building permit with respect to any lot within the property until the same is provided by the DEVELOPER. Said improvements. SW include, but not be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage piping, pressurized irrigation system, landscaping and benniTig, and fencing. 5.1.13 That DEVELOPER agrees, in recognition of the tmique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit `B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around construction areas to contain debris prior to any construction, except where roadways and streets for access are located and except where tine 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} incrPaced 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 later time, DEVLEOPER agrees to design and construct such facilities subject to the C1TY's • agreement to enter into a late corners agr ==t to reimburse DEVELOPER for a portion of the costs of such excess capacity- DEVELOPER agrees to obtain three independent bona fide bids for the performance of =ch work from qualified and r4onsible 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 whim the CITY may possibly agree to enter into a late comers agreement. the CITY may possibly agree to enter into a late corners agree;nent. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such owb shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 5.1.15 'That DEVELOPER agrees that no Certificates of Oeca�,�ancy will be issued until all improvements are completed, unless the CITY and the DEVELOEPR have entered into an addendum agreement stating when the improvements will be completed in a phased development; DEVELOPMENT AGREEMENT PAGE FAXWEST. L.L.0 1 ANNEXA-noN=NING THOUSAND SPRINGS SUBDIVISION in any event, no Certiftcates i2f OwUpangy shall be issued in any Phase in which the improvements bave not been installed, completed, and accepted by the C1T �'. 5.2. No condition herein provided can be mod:Eed 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. INSPFQ`' 6.1 DEVELOPER shad, 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. • ur4 : • s • ► Rim& .3 -.41mel ►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 couunitments contained herein within two (2) years of each phase, ands after complying with the notice and hearing procedures as outlined in § 67-6549, Idaho „Cod e, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides 'written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time per phase for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and atter complying with the notice and hearing procedures as outlined in § 67-6549, Idaho CAde, or any subsequeat amendments ar recodifications thereof. • Ott_ utas►r s :: • 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 DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the property by the City Council If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the CITY shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT PAGE 7 FARWSST, L.L.0 I ANNEXATION&ONXNG THOUSAND SPRiNeS SUEDWISION 4.1 Crry &Ml, following recordation of 1a duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10• DE,EAULr 10.1 In the event DEVELOPER, DEVELOPER's t ei+s, ce:c:essors, assigns, of subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 10.2 A waivei 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=rEs, This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an= appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 in the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeldng of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, If the defaulting party. shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT PAGE FARWEST, L.L.0 1 ANNEXATIONIZONiNG THOUSAND SPRINGS SUBDIVISION 11.3 DEVELOPER agrees that no' Certificates of Occupancy will be issued for any building or use o» a iv,-,�ar~*1 all improvements have been installer, completed _- and accepted by the CI'i.' 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 i;..::c interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will, within a reasonable time as determined by the CITY, construct said needed improvements, or, if he, does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvements, or improvements, the DEVELOPER will pay to the CITY the actual costs paid or incurred by the CITY for such improvements so constructed by the CITY, plus interest thereon at an annual interest rate equal to the prime interest rate of First Security Bank hi.A. plus five percent (S.0°fo� until paid, said payment to be made in such manner and under such terms as the CITY shall order atter 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 timc 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 requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such phase and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed 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 afbcr 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 waster service to said property allowed, and its decision shall be Sinal, except that the rights of the parties are preserved at law and equity including, but not Iimited to, the right of appeal to a court of competent jurisdiction. DEVELOPMENT AGREEMENT PAGE PARWEST, L_L_C I ANNEXAjj0N/ZpNWG THOUSAND SPRINGS SUBOMSION Y' DETJELOrER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, instan the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth cher=-i.n. or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at :he prime interest rate of First Secur itx Bank N.A., plus five percent (51/16) 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 83703 Meridian, ID 83642 with copy to: with copy to: City Clerk City of Meridian 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. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court ofeompetmt jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement 14. Time i of the -Essence: The parties hereto aolmowledge and agree that time is strictly of the essence with respect to each and every terra, condition and provision hereof and that the failure to timely perform any of the obligations DEVELOPMENT AGREEN EM PAGE ID FARWEST, L.L.0 / ANNEXATi0N=NING THOUSAND SPRINGS SUBDIVISION hereunder shali constitute a bream of and a default under this Agreement by the other party so failing to perform. 1,.Binding_ This Agreement shall be binding upon and inure to the benefit of the parries' respectivheirs, successors, assigns -and personal representatives, including CIT"Y'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 aWl 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. Invalid Provision. If any provision of this Agreement is held not valid by a court ofcompetentiurisdiction, 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 Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between DEVELOPER and ary, 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 thein or their successors in interest or their assigns, and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY. 18. Effective Date of A l emenh This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the atmexatiou and zoning of the Property and execution of the Mayor and City Cie& DEVELOPMENT AGREEMENT PAGE 11 FARWEST, L.L.0 1 ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION A-CXN!QVVLEDCzEMYNTS i IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it e5ective as hereinabove provided. FARWEST, L.L.C. i BY: MARTY GOLDSMITH MANAGING MEMBER 0 CITY OF MERIDIAN BY. MAYOR ATTEST: CITY CLERK BY RESOLIMON NO. STATE OF IDAHO ) :ss COUNTY OF ADA } On taus day of _ , in the year 1998, before me, , a Notary Public, personally appeared MARTY GOLDSMITH, known of identified to me to be the President and Secretary of said corporation, who executed the instr unent or the persau that executed the instrument on behalf of said corporation, FARViE.ST, L.L.C., and acknowledge to me that such corporation executed the same. DEVELOPMENx' AGREEMIN'T PAGIF 12 FARWEST, L.L,C / ANNEXATION/ZONING THOUSAND SPRINGS SYIBDNISION IN WITNESS V'MREOF, 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 MelkE& 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 instrunient or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WBEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) DEVELOPMEN-r AGREEMEN-r FARWEST, L.L.0 / ANNEXATION/ZONING THOUSAND SPRINGS SUBDIVISION NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: PAGE 13 ** TOTAL PAGE.13 zoic DECLARATION OF CG VENTANTS, CONDITIONS AND RESTRICTIONS OF .11CUSAND SPRINGS SUBDIVISION THIS DECLARATION is made as of the day of 1998, by FARWEST, '-.L.C:, hereinafter referred to as "Declarant." RECITALS: 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 1.3 "Associatibn" shah and refer to Thousand Springs Subdivision ~! i-in.,,eowners' Association rn� a nonprofit corporation organized .....,. , . ..., .....,..profit corp„ ,.. „n o.gan _ed under the�iavys of - --- --- the State of-.1daho, 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 • Lo 1 a c 3, t 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" shaII'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 I next to such dwelling unit and all projections therefrom. 1.9 "First Mortgage" shall mean any Mortgage possessing or holding a lien on a Lot or any part thereof prior to any other Mortgage. 1.10 "First Mortgagee" means Mortgagee who holds a First Mortgage. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 2 1. 11 "Lot(s)" shall mean and refer to the plots or tracts of land comprising the _ Property; designated lot-nu�nbers-on the plat, or ain resubdivision: Cher -36Y except the Common Area. 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 Cl :sscs of Doting Members. The Association shall have two classes of - voting rxiembershin h�,;n:wpr, all -votes stiaii be-eouai and counted -as such, except-- _ where_ voting by separate classes may otherwise be provided in the Articles and $y - Laws of the Association or,this Declaration. (a) Class A' members shall be Owners with the exception of the Declarant (during the period whei n 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 evens 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 irrigation system viii be conveyed to and operated by the Association or the Nampa - __ _ irrigation, ..�r7w� n.+.--p-ria-d for Vne di) s-lic.\ f Meridian it iga ion, L..0 L I .L. GrGulSurYULLa u�r:a l.. :uo-.v .a �_•...�\•1??8...,,, water system { will be owned by the City of Meridian. ARTICLE 4: MAINTENANCE. 4.1 Responsibilities. Among its other responsibilities, the Association shall maintain all Common Areas and those Common Facilities dedicated to it and all landscaping, fencing, surfaces, bridges, and other improvements thereon and 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 perimetbr 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/dr 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 Stril2. 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 Meavy Maintenance of Drainage Lots. Heavy maintenance consists of periodically inspecting the Drainage Lots to insure they are functioning properly; cleaning out the piping and mucking out the Drainage Lots when the sediment level DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 5 exceeds the desioni level. All other maintenance shall be referred to herein _ as "light a;n„<;na;,c;..`° Ada County Highvtay District (ACHD) has opted to -perform. this heavy no alinten0rice and shall be allowed, by the Homeowners Association, to -- Perform this rnaintenenra 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 ACHD, 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. f 4.7 Light Maintenance of Drainage Lots. The Association shall perform all "light maintenance" of the Drainage Lots pursuant to that certain Manua/ for Light Maintenance, the original of which shall be kept on file with the Homeowners Association with copies made available to any interested party upon request. Said Manua/ for Light Maintenance is incorporated herein by this reference. ARTICLE 5: PROPERTY RIGHTS 5.1 Owners' Rights of Eni2vment. 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 Imorovements. 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 I DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 6 1 - property, provided the rights of such mortgagee shall at all times be subordinate to the rights of the ^wners 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 - Assessment against the OvvnAr to pay for the costs of such maintenance and repair �....- ..: ..; nn.. .�t nr nnCtc• nr o r.�r•cnc i i tt Pv toe'` h x .nclud n . a�.Qrn -^--• '-IAF-V�::at".rr: vi v4�ia_ia::e u.�aE vi��..va .a.. vvsw , s� ter. c, - aris nl ^__ Tf or incident to such maintenance and repair of the Association. The Regular, Special,'Limited and Irrigation Assessments, together with interest thereon and costs of collection and reasonable attorney fees, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is 'made. Each such assessment, together with interest, costs of collection and reasonable attorney fees, shall also be the personal obligation of the Owner at the time when the assessment fell due. The right to collect and enforce payment of the assessments is vested in the Association. If an Owner fails to pay an assessment within thirty (30) days of its due date, the Association shall prepare a written notice of assessment setting forth the type of assessment, the amount of the assessment, the amount remaining unpaid, the name of the record Owner of the Lot, and a legal description of the lot. Such notice shall be, signed by the President and Secretary of the Association, whose signatures shall be acknowledged by a notary republic, and such notice shall be recorded in the office 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 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 $240.00 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 - .. .,. tL+o.4 rr,. c s 4� r+_ uric ►C f - re"-,Jr, .,.,est be a vote o, vvc th:...,, of the members a�firming any such increase at a meeting duly called for This purpose, "i-he Boaruor Director-s--ofthe Association _ may fix the Regular Assessment at any airn ounit equal to or- less Vvan -the maximum. 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 A $gecial Assessments. In addition TO the Regular -Assessments, the r,:;z;ociation ray levy to any assess n-teFit yea; , a .,welctar Assessment appl►cable to that - vear` only, for the purpose of defraying, i:: hole or in- part, - the cost of any construction or reconstruction, unexpected repair or replacement of a described capitai 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 Nonoavment_of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action against the Owner personally obligated to pay the same, or foreclose the lien against the Lot or Lots of the Owner. 6.12 Subordination to the Lien of Mortgage. The lien of assessments provided for herein shall be subordinate to the lien of any First Mortgage. Sale or transfer of any Lot shall not affect the assessment lien, but the sale or transfer of any Lot pursuant to a Mortgage foreclosure, if the Mortgage is held by any person other than a prior Owner of the Lot, shall extinguish the lien of such assessments as to payments which have become due prior to such sale or transfer. 1 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, Niovidti written r.oiicz �, i.s iii i;:r;;i ihcir ;;c ; ;;; < <o begin maintenance of the : - ; - Common Areas o, COCIM.r^^ne F-scilities within a thirty (30) day period, within which tirre frame the Association may undertake to initiate and conclude all maintenance defecizi 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 t Ots which ^do not unreasonably bother or ,,,nst;tute a nuisance to others m- ay be kept, provided-thattthe arenot ke ' , bred or- maintained rmaintained for any comm&ciai 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 df 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, i CONDITIONS AND RESTRICTIONS - 12 u 8.2 �Q1 Bac;ks. The front lot line for each lot is located appro::imate!y two F ._... - C.-- : a+!; _he neridian City__zoninn ordinance Tor l�. ..CJ CII^ Ja-c-�!t this current subdivision permits a twenty foot front yard set back, it is a specific requiremeni OF iiie Ciiy ui ivieilulan► and a specific building restriction herain that CH 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 colorthereof, have been approved in writing by the ACC prior to the construction or installation. All fences and/or walls constructed on a Lot shall be in compliance with the applicable ordinance of the City of Meridian, Idaho. All fences and walls shall be subject to the following restrictions: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 13 (a) No fence cr -ow,"Al! S!`w!l tie permitted to be constructed or installed on any portion of ? berm' ,_on-ctruc?ed by the Decia'rant in Thousand Springs Subdivision. (b) Fences and walls shall not extend closer to any sidewalk than twenty feet (20') nor project beyond the setback of the principal building on the Lot. No fence higher than six feet (6') shall be allowed without the prior written approval of the City of Meridian (if required) and the ACC. (c) All fences and walls shall be constructed and installed and maintained in good appearance and condition at the expense of the Owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. (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 05) 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 tet ,leen sidewalk and curb of east, t n* shall be.landscaby the Lot -Owner with. _w_sodgnd iNewuortPlum trees of 3" caliper or greater. There shall be one such tree for each 40 iineai feet of Lot street 110111.096,= i„cl'uding Uri:cw%A i -cuts. Each such t:^c. sh.afl, .,Pve 3 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 singie 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. NQ free-standirg-rriailboxes shall be constructed or installed on anv Lot the p; -.of written approval of the plans approved -by the ACC, 9.6 Signs. No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonable sized vacancy sign or "For Sale" sign thereon. Signs advertising the name of the builder and the name of the institution providing financing therefore may be displayed on a Lot during construction of the Improvements. Lighted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give directors to traffic or pedestrians or give special instructions. Any directional or identification sign in Thousand Springs Subdivision shall be permitted, provided the same is approved by the ACC prior to installation. 9.7 Adootion 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 10.2 Appointment. So long as the Declarant owns any Lot or parcel within the PrnnPrty, the Declarant shall have the. soie righi iu appo;fji and temove all members of the ACC. Thereafter, all members_of the ACC shaii be appointed or removed by the vvura. " 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 AGC. 10.3 Approval 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 All applications must contain., or have submitted therewith, the following material irollN;:riuely called "Plans and Specifications') prepared in accordance w4 acceptable architectural sta.ndards and submitted with the application I.G.-M, if acr, approved by the AGC: (a) Site Plan. A site plan showing the location of the Building(s) and all other structure and i^ fpr ovements 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) Ouilding 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, foe 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 Declar4ti:-^, ouh:ch sha!! describe the Additional Property being annexed, and any supplemental -oc 1.Jil1&,ant 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 Designation of Common Areas. Any Common Area and Common Facilities designated by Declarant as such on the plat of the newly annexed Additional Property or in the Supplement Declaration or conveyed to the Association by Declarant shall be subject to the same easements and other rights for the use and enjoyment of the Owners as for the other Owners of Lots subject to this Declaration. ARTICLE 12: WATER SYSTEMS 12.1 Domestic Water. Each Lot shall have access to a domestic water system to be owned and operated by the City of Meridian. The domestic water system will providewater 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 Declsr9r:t, the AssociaL. and L^* n�n,r►Qrs. g` Cw^crs c` _10ts :o which the system has been extended shall be required to pay the assessment therefore regardless of actuai use or nonuse of water front 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 Aoproval. As long as there is a Class 6 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, dissolution cf amendment of the Articles of lnrnrpn:ation or Bylaws of the Assc�riation:..nnd 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. FARWEST, L.L.C. By MARTY GOLDSMITH, Member STATE OF IDAHO ) ss. County of Ada ) On this day of , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared 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. IN WITNESS WHEREOF, I have hereunto set my ihand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho (SEAL) Residing at , Idaho Commission expires: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 21 Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: 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 To: Mayor and City Council From: Bruce Freckleton, Assistant to City En ineer Shari Stiles, P&Z Administrator 00, Re: Thousand Springs Subdivision No. 3by Farwest L.L.C. (Request for Final Plat approval) �G 3J/�a/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&Z March 16, 1999 Page 2 reviewed by the Public Works Department for compliance with all conditions of plat approval. SITE SPECIFIC COMMENTS 1. This final plat generally conforms to the approved preliminary plat. 2. Six -foot -high, permanent perimeter fencimgis 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 Thousand Springs No3.FP.doc ' 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 1/16th corners referenced on the plat. 13. Fill in the Instrument Number for the Development Agreement as noted in plat note #15. . Thousand Springs No3.FP.doc BRIGGS 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: l'housand Springs No. 3 Subdivision (Responses to Staffs Comments on the Final Plat) General Information 1800 West Overland Road Boise, Idaho 83705 — 3142 Voice (208) 344-9700 Fax (208) 345-2956 E-mail BEldaho@msn.com 1?ECE�L MAR 16 1999 CMOF KERIDIAN PLA:NINLNG & ZONIN( 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. S. 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. BRIGS ENGINEF,RING, Inc Becky L. Bow tt Land Use Planner BI.,B:fc 981204\citymcr-itr2 MAR 16 '99 12:55 TOTAL P.02 PAGE.02 ADA COUNTY EVALUATION SHEET Proposed Development NamerTHOUSAND-SPRINGS-NO-3i File No ,aDate Reviewed 02/04/99 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" �':�'IWTAGISH �y "E. ZIMS DRIVE" is aligned with "E DWORSHAK DRIVE" to the west and shall carry the same name "E. DWORSHAK,DRIVE". "ZE. TAGISH-M'-." 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, AGENC/N DESIGNEES /1 i Ada County Engineer John Priester Ada, Planning Association Ann Hurley City of (impt Mrd) Fire District Representativ( �, Representative EPRESENTATIVES OR Date h - Date - Date �ir l 2-ly-199 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 !!!! Subindex Street Index 3N 1 E 20 Section PAGE ONE OF TWO NUMBERING OF LOTS AND BLOCKS "PHEN 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 BOISE PROJECT BOARD OF CONTROL (FORMERLY BOISE U. S. RECLAMATION PROJECT) 2465 OVERLAND ROAD BOISE, IDAHO 83705-3155 February 24, 1999 RE: Thousand Springs,Subdivigion #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 RAE ^ 1099 F ?_ b I--- CI'T'Y OF N%RIDUIIN 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, 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: 22 February 1999 Stan McHutchison Briggs Engineering Inc. 1800 W. Overland Rd. Boise, ID 83705 pep -I) EECEIV-l) FEB 2 6i99 v 2 iJ 'flF R CITY 0%' 1IERIDL�i 1PL�G & 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: 0ousand,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 - Hansen City of Meridian APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 j CEzVE][) ADA COUNTY EVALUATION SHEET FEB 1 2 1999 CLTY Off, MERIDIAN pLANNING & ZONING Proposed Development Name THOUSAND SPRINGS'N'0 3 File No. Date Reviewed 02/11/ Preliminary Stage Final XXX Engineer/Developer Briggs Ensar. / 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 existinca 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 carry the same name "E. DWORSHAK DRIVE". "E, SHEEP CREEK ST." is approved and shall appear on the plat. "S. TAGISH PLACE" is approved and shall appear on the plat. "E. BARTH DRIVE" is aligngd 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, AGENCY REPRESENTATIVES OR DESIGNEES / Ada County Engineer John Priester%6/%i�Date' Ada Planning Association Ann Hurley City of (impt Mrd) Fire District Representative Representative Date - 1 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 1E 20 Section PAGE ONE OF TWO NUMBERING OF LOTS AND BLOCKS SUBDIVISION EVALUATION SHEET Proposed Development NameTHOUSAND SPRINGS NO 3 City Meridian Date Reviewed 02!11!99 Preliminary Stage, Engineer/Developer Brioas Enar. / 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 approved and shall agoear 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 armear on the plat. These findings are sub's t to recoEq@jjQn of the suggunding-groperties. 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 Assoc. Ann Hurley City of (impt Mrd) Representa Fire District Representa 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 4111 Subindex Street Index 3N 1E 2¢ Section NUMBERING OF LOTS AND BLOCKS TRN"S%SM CITY.FRM h' . .y til...+ CITY OF MERIDIAN 4 `FINAL`SUBdIVISIONLAT CHECKLIST - INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME:'�� ,,`rg' A1,0 ENGINEER: G-� /✓�L�✓�'.� �b��r��G The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: ITEM DESCRIPTION 1� Thirty (30) copies of written application for approval as stipulated by the Council erthe Proof of current ownership of the real property in proposed final plat and consent of recorded owners of the plat (warranty deed, signature sheet of final plat) 3! A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof A statement of conformance with all requirements and provisions of this Ordinance A statement of conformance with acceptable engineering, architectural and surveying practices and local standards Street name approval letter from -,Ada County Three ( copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1 300'). Include subdivision and street names, lot and block numbers only COMMENTS l �r�C�A�I ✓ NO'Nim-1 N� FINAL SUBDIVISION PLAT CHECKLIST Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name b. Year of platting C. Sectional location of plat - County d. North arrow e. Scale- of plat (not smaller than 1" = 100') f. Streets and alleys with widths and bearings g. Street names h. Consecutive numbering of all lots in each block, and each block lettered or numbered i. Each and all lengths of the boundaries of each lot including curve table j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table k. Descriptions of survey monuments I. Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system m. Easements n. Basis of bearings o. Pertinent notes for easements, restrictions, designations, etc. p. Land Surveyor - signed'seal q. Land Surveyor business name - City location r. Legend of symbols s. Minimum residential house size t. Adjacent platted subdivision names 10. Fee Paid - Lots @ $10.00/Lot 11. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council Page 2 0 K- ✓ 4 K - OIC. ✓ � IAC ✓' FINAL SUBDIVISION PLAT CHECKLIST Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles Planning & Zoning Administrator Gary D Smith P E City Engineer ACCEPTANCE DAT ADDITIONAL INFORMATION NORMALLY REQUIRED BY THE CITY OF MERIDIAN: QUARE FOOTAGE OF LOTS (82 x 11 SHEET) GROUND WATER REPORT - - ATTACHED TO PLANS DEVELOPMENT AGREEMENT (IF AVAILABLE) CC & R'S (IF AVAILABLE)