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Turnberry Subdivision No. 2 TE 01-001
,• ~ HUB OF TREASURE VALLEY ~, _ MAYOR Robert D. Come A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-250i CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (zos) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 ~jj~'~ ~~~~ C~' „ ' j.:J~ PLANNING AND ZONING (208) 888-4433 • Fax (208) 887-4 Tammy deWeerd , City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless J A ~ 7 ~ ~oO~ (208) 884-5533 • Fax 888-6854 ~ ~ C)F MERIDIAN CY z ING & ZONING ` pL.:~~ ~ TRANSMITTALS 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: January 30, 2001 Transmittal Date: January 30, 2009 Hearing Date: February 6, 2001 File No.: TE'01-001 Request: Time Extension of final plat approval on 1/14199 and 1st time extension request on 114/00 for Turmbe~ry.Sutidivision No-2~ By: Briggs Engineering Location of Property or Project: west of Black Cat, south of Ustick and east of McDermott Sally Norton, P2 nvo vat vac, ~~ Jerry Centers, ~P/Z new vaR vac, ~~ Bill Nary, P/Z nw vaR vac, ~~ Richard Hatcher, P/Z nvo vaa, vac, ~ Keith Borup, P2 n~ vaR vac, ~~ Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sever Department Sanitary Service M~ varr, vac, ~~ Building Department Fire Department Police Department City Attorney Meridian School District nvoFV~ Meridian Post Office ~~«~~ Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. ~~P~ U.S. West ~~P~M Intermountain Gas~~Pony~ Bureau of Reclamation rr-~~POn~ Idaho Transportation Department /nw~ Ada County ~a~-»X.~„ony~ Your Concise Remarks: City Engineer -City Planner ' Parks Department ~e..;d.,~ar~ AZ-27 FP-24 PPIPFP-28 VARNAC- 20 CUP-28 F G~ V q~ ~~ 55 ~. 19~~ ~~ ~ ~~ ~ , ~ (~ RECORDED • REQUEST OF r'~DA CGUi+17Y RECORO~R DEVELOPME A EMENT 1°~ J. gp~Sp pIOAEAi0R0 f='EE DEPUTY // THIS GREEMENT, ma ~f ~t ,fir this / t~ ~~ da of `'~~~-'~- , 1998, ~ ' ~ S ~ N7AN~~ v"~. y 1998 JLby~an `rbe ebi3'the CITY OF , a municipal corporation of the State of Idaho, hereinafter called the "CITY' ; BENCHMARK LAND COMPANY -MERIDIAN (QUENZER), L.L.C., an Oregon Limited Liability Company, hereinafter called. "BENCHMARK", whose address is 17700 SW Upper Boones Ferry Road, Suite 100, Portland, OR 97224-7010, and EUGENE QUENZER and ARDYCE L. QUENZER, husband and wife, hereinafter called "QUENZER", whose address is 4020 N. Black Cat Road, Meridian, Idaho 83642, both of whom are hereinafter referred to as "Applicant." WITNESSETH: WHEREAS, BENCHMARK is the owner, iri law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described at Exhibit "A", attached hereto and by this reference incorporated herein as if fully set forth'(herein called "Parcel A"), which it is intended will be developed as the first phase of a single family residential subdivision to be known, described and officially platted as "T'URNBERRY SUBDIVISION"; and WHEREAS, QUENZER is the owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, lying contiguous with Parcel A, which is described at Exhibit "B", attached hereto and by this reference incorporated herein as if fully set forth in' full (herein called "Parcel B"); and WHEREAS, BENCI-EVIARK and QUENZER have heretofore entered into an agreement whereby BENCHMARK has the right and option to acquire fee title to Parcel B from QUENZER for purposes of owning and developing the same as the second phase of the TURNBERRY SUBDIVISION; and WHEREAS, in 1991, the State of Idaho legislature enacted §67-6511A of the Idaho Code entitled "Development Agreements," which provides, among other things, that cities may enter` into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has heretofore adopted two development agreement ordinances, one of which, Zoning and Development Ordinance 11-2-416 L, applies when land is rezoned,. and the other, Zoning and Development Ordinance 11-2-417 D, applies when land is annexed to the CITY and also zoned; and WHEREAS, BENCHMARK, with the consent and approval of QUENZER, previously submitted an application for annexation of all the land comprising Parcels A and B requesting that the same be accorded zoning designation "(R-4) Low Density Residential District." Concurrently, BENCHMARK also submitted application for approval of a preliminary plat for subdivision thereof into 118 single family residential lots, to'be developed in two phases as aforesaid; and WHEREAS, in support of said applications, representatives of BENCHMARK made. certain representations at a public hearing, held August 12, 1997, before the Meridian Planning and Zoning Commission as to how the Subdivision would be developed and what;improvements would be made as more particularly described in those certain FINDINGS OF FACT AND CONCLUSIONS OF LAW duly adopted by the Meridian Planning and Zoning Commission captioned as follows: ~.1 UR1'~1BERRY'SUBDIVISION'DEVELOPMENT AGREEMENT Page 1 of 9 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION -BENCHMARK LAND COMPANY APPLICATION FOR ANNEXATION AND ZONING TURNBERRY SUBDIVISION y NE 1/4 OF THE SE 1/4, SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY IDAHO and WHEREAS, the representations made as above-stated have been, and are, reflected and confirmed by the preliminary plat of the subdivision recommended for approval by the Meridian Planning and Zoning Commission as aforesaid and by certain "Subdivision Improvement Plans" (defined below) heretofore submitted with respect to development of Parcel A hereinafter described; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation oi• rezoning of property and. has done so as set forth in the above-described FINDINGS OF FACT AND CONCLUSIONS OF LAW recommending approval of the applications of BENCHMARK as aforesaid; each and all of which conditions and restrictions (herein called "Conditions of Approval") being by this reference incorporated herein as if fully set forth; and 1 WHEREAS, the Conditions of Approval require, as a condition of annexation and rezoning of Parcels A and B as aforesaid, that, among other things, the "...Applicant or its successors in interest, assigns, heirs or personal representatives enter into a development agreement ..." addressing, without limitation, certain matters therein more particularly described in subparagraphs a. through o. of paragraph 12., of said Conditions of.Approval and that, if annexed by the City, said Parcels A and B may be deE annexed if said,Conditions of Approval are not met; and WHEREAS, the City Council of the CITY has heretofore annexed and rezoned said Parcels A and B subject to de-annexation in the event the conditions and requirements set forth in and by the Conditions of Approval are not met, including the requirement that BENCHMARK and QUENZER enter into this Development Agreement; and ~ E WHEREAS, BENCHMARK and QUENZER each deem it to be in their respective best interests to voluntarily enter into this Development Agreement for the purpose of complying with the requirement that they do so as a condition of the City's actions in effecting annexation and rezoning of their land: NOW, THEREFORE, in consideration. of the foregoing recitals, each and all of which shall be and are hereby declared contractual and binding; the. CITY's annexation and rezoning of said Parcels A and B as aforesaid, and the covenants and agreements of the parties hereinafter set forth and described, IT IS HEREBY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: E 1. U on and after recordin of this. Develo ment A reement in the official records of Ada County, P g P g Idaho, each and all of the terms and provisions hereof shall run with the land, and encumber the real property, described at said Exhibit "A" and said Exhibit "B". This Development Agreement shall be binding upon, and inure to the benefit of, the City, and, for so long as -they shall have or claim" any right, title or interest in any land subject of this Development Agreement, all other parties signatory hereto and S upon all other persons or parties now and at anytime hereafter having, acquiring, being vested with, or claiming, any right, title or interest in said real property or any portion or parcel thereof whether cognizable at law or in equity. E TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of;9 [3/23/98a] 2. Only-.one (1) single-family residential dwelling -house having at least one thousand four hundred (1,400) square feet of floor space, exclusive of garages and other appurtenant non-residential structures and improvements otherwise permitted by an R-4 zoning classification, may be constructed upon any single family residential lot created upon lawful subdivision of the lands herein called Parcel A and Parcel B. " 3. Each and every single family residential lot created-upon subdivision of Parcel A and Parcel B shall contain not less than eight thousand (8000) square feet of land. Unless lawfully, ordained by action of the CITY, no such lot shall be further subdivided or -partitioned into more than one lot, tract or parcel containing less.than eight thousand (8000) square feet of land. 9 4. No multi-family residential.. structures,. such as, without limitation: duplex units, townhouses or patio homes, may be constructed on Parcel A or Parcel B, nor shall any part or portion of the land herein called `Parcel A or Parcel ,:B be improved. in .any manner, or employed in any use or occupation, not permitted by the CITY's current (R-4) Low Density Residential District zoning ordinance or by the Conditions of Approval incorporated herein as aforesaid. Provided, however, nothing herein contained shall be deemed or construed to prevent any person,from employing any portion of said land for farming or other agricultural purposes prior to development thereof in accordance with this Development Agreement. 5. Neither BENCHMARK, nor QUENZER, nor any other person or persons now or hereafter having ` or claiming any right,_title or interest in the lands herein called Parcel A or Parcel B, shall commence the construction or installation of any improvements upon said property or any portion thereof unless and until such time as said party or other person shall have. filed, or have caused the filing, with the CITY of "Subdivision Improvement Plans" (hereinafter ca[[ed "Plans"). The Plans pertaining to each phase and Parcel respectively shall ,show all streets; utilities; pressurized irrigation facilities, sanitary sewer, water, storm drainage, street and similar signage and barricades, and other improvements contemplated for ` installation within the subdivision to be developed upon such Parcel (except dwelling units and related improvements to be constructed following recording of the subdivision Plat of such Parcel). Such Plans, and the improvements subject thereof, shall be approved for construction or installation by the City Engineer. 6. All sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation systems, electrical transmission lines, natural gas lines, telephone lines, cross drains, street surfacing, street signs, cable television, other utilities and additional improvements° shown or described by Plans approved by the City Engineer as aforesaid shall be constructed and installed at the expense of Benchmark and/or Quenzer (but only if Quenzer remains in title to Parcel B), or-their respective successors in interest;,or any other person which or who obtains such approvals, causes such improvements to be made, and/or ultimately applies for acceptance and approval ofany final plat effecting subdivision of Parcel A or Parcel B, as the case may be. 7. The CITY has granted approval of a preliminary plat for subdivision of Parcel A and Parcel B in a manner consistent with the requirements of this Development' Agreement which plat is by this reference incorporated in and made a part of this Development Agreement. Upon approval by the City Engineer of the Plans for Parcel A and Parcel B respectively,> said Plans shall each and all be deemed incorporated in and made a part of this Development Agreement for all purposes. ` 8. Unless otherwise permitted"or approved in writing by the City Engineer, all improvements. depicted by the approved preliminary plat and final plat which pertain to Parcels A and B respectively, and all • improvements subject of the approved Plans pertaining to each of said Parcels; shall be constructed and installed in strict conformity with said preliminary plat and Plans. 9. Any party or persons who intend to engage in construction or installation of any improvements subject of said preliminary plat and final plat, and/or any such approved Plans shall provide the City Engineer with at least fifteen (15) days advance written notification of when and what portion or portions of said improvements such party or persons intend to construct or install and the time schedule therefor. TURNBERRY SUBDIVISION DEVE_ LOPMENT AGREEMENT Page 3 of 9 _. [3/23/98a] u ~.. If the construction or installation of any-such. improvements will be accomplished in phases, the party or persons constructing or installing the same will construct any temporary facilities or improvements the City Engineer may deem reasonably necessary as a result of such phased construction or installation. 10. Following completion.. of the construction or installation of any improvements, or such portion(s) of any improvements, as are required to complete development of Parcel A _or Parcel B respectively in accordance with this Development Agreement, the party or persons responsible for construction or installation thereof shall notify the City Engineer that such improvements are complete and request his inspection and acceptance .thereof on behalf of the CITY. If, upon or following inspection of such improvements, the same are accepted by the City Engineer, the party or persons obligated to construct or install -the same under this Development Agreement shall be deemed for. all purposes to have fulfilled such obligations. Otherwise, such obligations shall not be deemed satisfied. 11. Following completion of construction and installation of all improvements required with respect to the subdivision of Parcel A and Parcel B, each and respectively, and acceptance thereof by the City Engineer; the Applicant or other party or persons developing such Parcel shall cause "Corrected'-' (i.e. "as built") versions of the, Plans pertaining to such improvements to be prepared by a Registered Professional Engineer and provide the. same or a duplicate mylar copy thereof to the CITY. Said "Corrected" Plans shall depict the actual constructed location-(both horizontally and vertically) of all water and sewer.lines, all utility lines and conductors, all pressurized irrigation lines and individual building service lines (to the extent the latter have been installed as part of the development of any individual lots), all street, sidewalk, curb and gutter alignments and grades, ,etc. Said "Corrected" Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer:in charge of the work, that said Plans truly and accurately depict the locations and characteristics of the various improvements subject thereof. 12. If, after construction or installation of an improvement necessary for the development and subdivision of Parcel A or of Parcel B is begun, the City Council shall make a finding, duly entered in the official minutes of the proceedings of the City Council: (i) that the party or persons obligated by this Development Agreement to construct or install such improveinent has failed to complete construction or installation of a portion or all of such improvement without reasonable justification (lack of necessary financial resources shall not constitute reasonable justification), and (ii) that said improvement must be completed in the interests of the health, welfare and/or safety of the inhabitants of the CITY, then the party or persons obligated to complete construction or installation of such improvement shall, upon receipt of written notice of such finding; immediately undertake all measures reasonably necessary and appropriate to commence and, within a reasonable time° effect completion of, the construction or installation,ofsucb improvement in accordance with this Development Agreement. a. If the ..party or persons so obligated shall fail to complete such construction within a reasonable time after written notification of such Council action, and the CITY thereafter determines to complete, and completes, such construction or installation, then the party or persons who were otherwise obligated to complete such improvement, together with the owner(s) of the" property served by such improvement, shall be obligated to reimburse the CITY its cost to complete such improvement at such time(s); in such manner and upon such terms as the CITY shall order - .after conferring, or making reasonable attempts to confer, with such party, persons and owner(s). b. The City Council shall not make the findings set forth in paragraph 12., except at a regular or special meeting of the City Council and unless the party or persons obligated to complete said improvement, and the owner(s) of the property affected by such improvement, have been notified in writing of the time and place of such meeting at least-three (3) business days prior thereto and have been given reasonable opportunity to be present in person or by counsel and be heard on the merits of the proposed- finding. c. Except in the event of an emergency threatening immediate harm or damage to the persons or property of the inhabitants of the CITY, the CITY shall not undertake to `complete construction of any such improvement unless and until~it shall have afforded the Applicant or other party.or person TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 4 of 9 [3/23/98aJ responsible for the completion thereof under 'this Development Agreement, and the property owner(s) who may become obligated to the CITY as aforesaid, no less than ten (10) days written notice that' it intends to do so and such party, persoris and/or owner(s) shall have failed to commence completion of such construction at or before the time the -City or its contractor(s) shall have actually commenced work. d. The obligation for reimbursement of the CITY's_cost to complete construction or installation of any improvement completed by, or: at the expense of the CITY .pursuant to and in accordance with the foregoing terms and conditions of this paragraph 12., shall constitute a lien on all real property benefited by such improvement. Said lien may be foreclosed in the manner provided by law for the foreclosure of a mortgage on real property under the.Idaho Code. Said lien shall attach to and encumber said real property solely as a consequence of the terms of this Development Agreement as of the date and time the notice(s) described in subparagraph c., immediately above shall first be delivered to a party, person or owner entitled thereto. 13. a. Unless and until the party or persons obligated to do so by this Development Agreement shall complete the construction and installation of all improvements to be constructed and installed in connection with and/or for purposes of the development and subdivision of Parcel A, and said improvements shall be approved and, where applicable, accepted by or on behalf of the CITY, (and/or the CITY shall have accepted security for the completion of one or more of said improvements as hereinafter described), the CITY shall not be obligated to accept or approve for recording any final Plat of the first phase of the TURNBERRY SUBDIVISION to be constructed within Parcel A as aforesaid. b. Unless and until the party or persons obligated to do so by this Development Agreement shall complete the construction and installation of all improvements to be constructed and installed in connection with and/or for purposes of the development and subdivision of Parcel B, and said improvements shall be approved and, where applicable, accepted by or on behalf of the CITY, (and/or the CITY shall have accepted security for the completion of one or more of said improvements as hereinafter described), the CITY shall not be obligated to accept or approve for recording any final Plat of the second phase of the TURNBERRY SUBDIVISION ` to be constructed within Parcel B as aforesaid. c. If the CITY declines to accept or approve for recording the final Plat of either phase of the TURNBERRY SUBDIVISION by reason of the provisions of subparagraphs a., or b., of this paragraph 13., or otherwise, the party or persons seeking such acceptance or approval -shall have the right to appear before the CITY's City Council at any regular meeting after any such acceptance or approval shall have been withheld and shall have the right to be heard as to why such final Plat and subdivision should be accepted and approved by the CITY. The City Council shall then decide whether such final Plat and subdivision should be accepted and approved by the CITY, or may impose such conditions upon acceptance and/or approval of such final Plat and subdivision as it may determine in the lawful exercise of its authority. In any such cases, the decision of the City Council shall be final, except that all rights of the parties or persons affected thereby ashall be preserved and may be enforced by any means available to them at law or in equity. 14. In lieu of complete performance on the part of -any party or persons otherwise required by this Development Agreement to perform any obligation prerequisite to acceptance and approval for recording of the final Plat and subdivision of either phase of the TURNBERRY SUBDIVISION, the CITY, acting by and through the City Engineer, may accept security for the completion of performance of any such obligation on the part of the party or persons obligated to do so. Such security may be provided in the form of surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under section 11-9-606 C of the Revised and Compiled Ordinances of the CITY. If and when'the party or persons upon whose behalf any such security is required shall provide such security, the CITY shall accept and approve such subdivision and final Plat for recording. Upon completion and approval or TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 5 of 9 [3/23/98a] ~. acceptance by the CITY of the improvements for which any -such security has been given in accordance 'with this Development Agreement, the CITY shall forthwith exonerate or release such security. 15. The CITY has requested that certain elements of the sanitary sewer which will be constructed and installed by or for Benchmark in North Black Cat Road in connection with the development of Parcel A, and certain elements of the sanitary sewer which will be constructed and installed by or for Benchmark in North Black Cat Road in connection with the development of Parcel B, be designed, constructed and installed in a manner intended to accommodate future service needs originating from properties not owned by BENCHMARK or QUENZER which are located within the vicinity of the subject development (herein called "Special Improvements"). The nature and potential off-site benefits of these Special Improvements is generally described at Exhibit "C" attached hereto and by this reference incorporated herein as if fully set forth. The parties acknowledge that sound planning practices require construction of said Special Improvements concurrently with development of Parcel A and Parcel B in order to accommodate future expansion and development and- that the CITY may enter into one or more "latecomer agreements" for the purposes of assisting BENCHMARK, or its successors in interest, in recovering some or all of the additional costs it will incur in constructing said Special Improvements. a. In recognition of the cost savings which can be accomplished by construction of such Special Improvements concurrently with the. facilities to be constructed for purposes of development of Parcel. A and Parcel B respectively and the impracticality or impossibility of constructing such Special Improvements separately or at a later time, BENCHMARK has designed and is willing to construct such facilities in consideration of the CITY's agreement to enter into one or` more latecomer agreements as aforesaid. b. For purposes of any such latecomer agreements, BENCHMARK agrees to obtain three (3) independent, bona fide, .bids for the performance of the work which will incorporate such Special Improvements from qualified and responsible 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 cleaz and specific identification of that portion of the construction work for which the CITY may agree to enter into a latecomer agreement as aforesaid. ' c. The CITY's obligation under any such latecomer agreements shall be limited to payment of the lowest of such bids .irrespective of whether the lowest bidder is in fact selected to perform the work. d. If the City fails to enter into latecomer agreements. pertaining to any Special Improvements on the terms above set forth, BENCHMARK shall not be required to construct any Special Improvements for purposes of accommodating any future off site expansion and/or development. 16. The parties expressly agree that no Certificate of Occupancy will be issued for any dwelling constructed in the first phase of TURNBERRY SUBDIVISION until all improvements required for acceptance and approval of the final Plat and subdivision of Parcel A are completed and accepted by the City; or until the CITY and the and the party responsible to complete said improvements have entered into ari addendum agreement stating when the improvements will be completed, and/or such responsible party shall have delivered appropriate security for completion of such improvements as aforesaid. 17. The parties also expressly agree that no Certificate of Occupancy will be issued for any dwelling ,constructed in the second phase of TURNBERRY SUBDIVISION until all improvements. required for acceptance and approval of the final Plat and subdivision of Parcel B are completed and accepted by the City unless and until the CITY and the party responsible to complete said improvements have entered into an addendum agreement stating when the improvements will be completed and/or such responsible party shall have delivered appropriate security for completion of such improvements as aforesaid. TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 6 of 9 [3/23/98a] 18. BENCHMARK and QUENZER agree, in recognition of the unique and peculiar circumstances relative to this development, that the special conditions set forth in Exhibit "D"+attached hereto and by this reference incorporated herein as'if set forth verbatim all be deemed for all purposes applicable to said Parcel A and to said- Parcel B. BENCHMARK further agrees to construct a perimeter fence around both Parcels A and B prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 19. Any notices required by this:Development Agreement shall be in writing addressed to the party or parties entitled thereto as follows: ,_ CITY: City Engineer BENCHMARK: Project Manager: Turnberry Subdivision 33 East Idaho Benchmark Land Company, Meridian CITY OF MERIDIAN (Quenzer); L.L.C. Meridian, ID 83642 ~ 11700 SW Upper Boones Ferry Rd., Suite 100 Portland, OR 97224-7010 QUENZER: Eugene and Ardyce Quenzer 4020 North Black Cat Road Meridian, ID 83642 unless and until such time as any such party shall notify each of the other parties of any change of address for such notices: 20. BENCHMARK agrees to pay all recording .fees necessary to record this-Development Agreement with the Ada County Recorder's office. 21. For so long as they shall have or claim any right, title or interest in any land subject of this Development Agreement, BENCHMARK and QUENZER agree to abide by all ordinances of the CITY of Meridian pertaining to development or subdivision of the land in which they claim such rights not inconsistent with the terms and provisions hereof.- Said parties further acknowledge and agree that their respective properties shall be subject to de-annexation if they or their respective heirs, successors in interest or assigns who shall have or claim any right, title or interest therein shall not meet the Conditions 'of Approval applicable to the development, subdivision, construction of improvements upon, or uses of said land or any portion(s) thereof; this Development Agreement, and any Ordinances of the CITY of Meridian' lawfully enacted in conformity therewith . 22. This Development Agreement shall become valid and, binding only upon its approval by the City Council and execution of the Mayor and City Clerk. Provided, however, any other terms or provisions of this Agreement to contrary notwithstanding, it is hereby acknowledged, confirmed and agreed by and between the parties that any and all personal liability and- obligations of the said Eugene Quenzer and Ardyce Quenzer arising.under this Development Agreement shall be enforceable as to said parties only if, and for so long as, they shall have or claim any right, title or interest in the lands subject of this Development Agreement or some portion thereof. ~~,~~~~~~ IN WITNESS WHEREOF, the parties have caused this Development Agreement to be sigr~e2~ti ~U ~~d'',~. the date, month and year first stated above. CITY OF IAN ("CITY") ~ , g~,~L v ,~~ ,~~ By L B~j{~tiWLC,-.-~J~ ' ~ T 1 u i . ~.`~ `dam ~" ~~ rt . Corrie,•Mayor William. Berg, Jr., City- ler %., OL"V-~Y , ~~~`~~ TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 7 of 9 [3/23/98a] BENCHMARK LAND COMPANY-MERIDIAN (QUENZER), L.L.C. ("BENCHMARK") By Pacific Santa Fe Corporation, an Oregon: corporation, Member By ~u,~_ Mark P. Rockwell, President EUC~NE QUENZER ("QUEDfZ~1t" e~// c // By Greg street, Member A YCE L. QUEN ER ("Q ZER") ACKNOWLEDGEMENTS STATE OF IDAHO County of Ada ss. 1 On this ~I day of 1998, before me, the undersigned, a Notary Public in and for said State, personally appear R ERT'D. CORRIE and- WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WIT~$S WHEREOF, I have hereunto • and year in ~t~~iiLica~''Rl-,~t above written. • •° ~~~~ 1: • _~ - • ~~~~ 1 ~~ STATE OF ~~~ ~ `~~ ,~~~.. ) ss. County of Ada ) hand and a~~xed my official seal, the day Notary~ublic for Idaho Residing at: ~~;1`~ My Commission Expires: 1 On this ~ day of 1998, before me, the undersigned, a Notary Public in and for said State, personally a red EUGENE QUENZER and ARDYCE L. QUENZER, husband and wife, known, or proved to me, to be persons whose names are subscribed to the' within instrument, and . ;~, acknowledged to me that they executed the same. N '' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o ~tcial.~~~,1f~~day" ," `_, and `year in this certificate first above written. ~ ~" ~ . •' ~ ~^ =?` _ ~ ' ~: ~ ~~ , otary Public for aho °`~ ~..: -' ~ ~ , [SEAL] Residing at: ,_ ~~ ~ ~ ~ ++~ .~ My Commission Expires , +T~' ~`~` . " ' :' ' •'~ J ll ~ ~,~ ' a .,' p , *~sy.~t TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT \ Page 8 of 9 d [3/23/98a] 3 f STATE OF OREGON, County of (/~) CtS (~ i" n ~;, i~ /L } ss. The foregoing instrument was acknowledged before me von this ~~day of n ~_ , 199 ~ , by GREG A. HEMSTREET who is a member of Benchmark Land Com ny-Meridian (Quenzer), L.L.C., amember-managed' Oregon limited liability company duly licensed -and authorized to transact business or conduct affairs in the State of Idaho. y~ ~-~'1-- /~C!V`I OFFICIAL SEAL No Public for Oregon SUSAP~ EiARRETT p NOTARY PUBLIC -OREGON My commission expires:. -t - ~ ~'~~ COMMISSION N0. 304941 MY COMMISSION EXPIRES SEPT. 18 2001 STATE OF OREGON, County of W°tSN~~r~C3l~ }ss. The foregoing instrument was acknowledged before me on this S day of 3H tiI L , 199, by MARK P. ROCKWELL, President of Pacific Santa Fe Corporation, which is a member of Benchmark Land Company-Meridian (Quenzer), L.L.C., amember-managed Oregon limited liability company duly licensed.and authorized to transact business or conduct affairs in the State of Idaho. ~f1t3Al SEAL Notary Public for regon ~~~ ~~ My commission expires: ~ 31 Dl .`' ~ COMMISSION N0.3034J9 ~ MC COMMISSION EXPIRQ JULY 31.2001 't x E TURNBERRY.SUBDIVISION DEVELOPMENT AGREEMENT , f ~ Page 9 of 9 [3/23/98x] ] } EXHIBIT "A" . D E V E L O P ME N T A GR E E ME N T ["Parcel A" Described] DESCRIPTION FOR_PROPOSED TURNBERRY SUBDIVISION N0.1 f -~ December 8, 1997 t A parcel of land being a portion of the NE 1/4 of the SE 1/4 of Section 4, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described a's follows: Beginning at the East 1/4 comer of Section 4, Township 3 North, Range 1 West, B.M.,,the REAL POINT OF BEGINNING of this description; Thence`S 00°38'01" W 650.48 feet along the easterly boundary line of said Section 4 to a point; Thence N 89°21'59" W 215.00 feet to a point; Thence N 00°38'01" E 15.00 feet to a point; a Thence N 89°21'59" W .100.00 feet to a poir~ g Thence S 04°30'24" W 71.92 feet to a point; Thence S 19°15'28" W 65.34 feet to a poirrt; Thence S 35°40'56" W 64.90 feet to a point; , Thence S 51°48'00" W 65.00 feet to a point; ;i .Thence S 68°36'48" W 67.00 feet to a point; Thence S 81°39'21" W 41.60 feet to a point; Thence N 89°21'59" W 521.60 feet to a point; , Thence N 00°38'01" E 100.00 feet to a point:.___.__... ... - Thence N 89°21'59"-W 1.57 feet to a point; ' Thence N 00°38'01" E 444.72 feet to a point; Thence S 89°21'59" E -1.57 feet to a point;' Thence N 00°38'01" E 100.00 feet to a point: . Thence S 89°21'SS" E 240.00 feet to a. point; Thence N 00°38'01" E 100.00 feet to a point; Thence N 89°21'59" W 8.38 feet to,a point; ~ . Thence N 00°38'01" E 149.95 feet to a point on the northerly boundary of the NE 1/4 of the SE 1/4 of said Section 4; Thence S 89°21'55" E 821.81 feet along the northerly boundary of the NE 1/4 of the SE 1/4 of said Section 4 to the REAL POINT OF BEGINNING of this description, containing 18.23 acres, more or less. Michael E. Marks, P.L:S. 4998 r EXHIBIT."A" TUIL~'BERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of I EXHIBIT "B" DEVELOPMENT AGREEMENT f"Parcel B" Described] ~5 9 z a DESCRIPTION FOR PROPOSED TURNBERRY,SUBDIVISION N0.2 r.~_ , r March 24,` 1998 s ~~ A parcel of land being a portion of the NE 1/4 of the SE 1/4 of Section 4, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Beginning at the East 1/4 comer of Section 4, Township 3 North, Range 1 West, B.M., i Thence S 00°38'01" W 650.48 feet along the easterly boundary line of said Section 4 to the REAL POINT OF BEGINNING of this description; {, Thence N 89°21'59" W 215.00 feet to a point; t y ~ , Thence N 00°38'01" E 15.00 feet to a point; c ~ e ~. Fl , ~ Thence N 89°21'59" W 100.00 feet to a point; ' c ~ t. r Thence S 04°30'24" W 71.92 feet to;a point; , ' ~ Thence S 19°15'28" W 65.34 feet to a point; ~ ~ ~. Thence S 35°40'56" W 64.90 feet to'a point; Thence S 51°48'00" W 65.00 feet to a point; , A4 ~ :.a Thence S 68°36'48" W 67.00 feet to a point; t . t «,,F Thence S 81°39'21" W 41.60 feet to a point; , Thence N 89°21'59" W 521.60 feet to a point; Thence N 00°38'01" E 100.00 feet to a point; . Thence N 89°21'59" W 1.57 feet to a point; ~ ~ ~_, Thence N 00°38'01" E 444.72 feet to a point; '" f k / ~ ~. „ ~, Thence S 89°21'59" E 1.57 feet to a point; ~ ~,, ~ r Thence N 00°38'01" E 100.00 feet to'a point; Thence S 89°21'59" E 240.00 feet to a point; , ,, ~ , °Thence N 00°38'01" E 100.00 feet to a point; r ° €' ; s , Thence N 89°21'59" W 8.38 feet to a point; ~ ..° > Thence N 00°38'01" E 149.95 feet to a point on the northerly boundary of the NE 1/4 of ' the SE 1/4 of said Section 4; y ~ t a ~- Thence N 89°21'55" W 500.30 feet to the northwest corner of the NE'/. of the SE'/.; Thence S 00°41'48" W 1,174.79 feet to a point on the west line of the NE'/, of the SE'/,; Thence S 89°19'23" E 1,323.40 feet to a point on the line common to Sections 3 and 4; Thence N 00°38'11" E 525.28 feet along said line to the REAL POINT OF BEGINNING of this description, containing 17.46 acres, more or less. ' Michael E. Marks, P.L.S. 4998 t EXHIBIT "$" TURIVBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1 s f. , EXHIBIT "D" to a DEVELOPMENT AGREEMENT ' for TURNBERRY SUBDIVISION Meridian, Idaho This subdivision is for 118 single-family lots with an overall density of 3.3 dwelling units per acre. The Applicant, or such. other party or persons as shall be responsible to do so under the Development Agreement above-referenced, shall: ~. 1. Construct anon-combustible perimeter fence prior to obtaining building permits and construct .temporary construction fencing to contain debris along all subdivision boundaries in the case of phased construction unless the City has specifically agreed, in writing,.that such fencing is not necessary. 2. Construct a landscape strip within the Subject Property along the full length of the Subject Property adjacent to the west right-of--way line of North Black Cat Road (Black Cat Road Landscaping), except for the entryway access of Charles Street and aten-foot-wide gravel access road at the northerly property boundary for Nampa-Meridian Irrigation District. The North Black Cat Road Landscaping shall be a minimum of twenty feet (20') in, width beyond required ACHD right-of--way. The Black Cat Road Landscaping will be landscaped and sprinkler imgated inaccordance' with a landscape plan to be submitted by Applicant Benchmark that is approved by the CITY. A letter of credit, cash,. or appropriate bonding for the Black Cat Landscaping is required prior to signature on the final plat; no fencing shall encroach on this 20' planting ~ strip, located beyond required right-of--way of 45' from centerline. Landscaping shall be completed prior to obtaining certificates of occupancy. 3. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, unless downstream water users and the irrigation district determine they can be abandoned or a variance is granted by the City; the Applicant was granted such a variance for the Safford Lateral. 4. Extend and construct water and sewer line extensions to serve the property and connect to Meridian ~ water and -sewer lines, as well as extending and constructing water and sewer line extensions through the property (see DevelopmentAgreement, paragraph 15). 5. Construct curbs, gutters, sidewalks and streets to and within the property. 6. Pay any development, latecomer, impact or transfer fees adopted:by the CITY. 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 8. Construct and install pressurized irrigation to all lots within this subdivision prior to obtaining building permits. 9. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C. 10. Meet all representations made'by the applicant during the public hearing process. 11. Comply with the requirements of all City departments, Ada County Highway District, and Central District Health Department. 12. Timely prepare, submit, and obtain the required approval by the CTTY of final plats of the project in accordance with development time requirements contained im City Ordinances. 13.• Perpetually maintain all improvements in a neat, aesthetically pleasing and workmanlike manner. EXHIBIT "D" TURNBERRY SUBDIVISION DEVELOP~rEN1' AGREEMENT Page 1 of 1 . #, ** TX STATUS REPORT ** t AS OF JUL 14 '98 14 06 PRGE.01 PUBLIC WORKS r ,~.. DATE TIME TOiFROM MODE MINiSEC PGS CMD# STATUS 0B ~07i14 14.05 3452950 EC--S 00'27" 001 , 195 DK z ~ • ~ ~ •-• Post-it° Fax Note 7671 Oars s or 70 !/ ~ Pegea- r. G From ~ CaJOept. ~ • ~~-s Phone tl Phone p Fax A ~ t'_~~ Fen N .T« Will Berg, Jr. -City Clerk ~ J Ftane Gary D. Smith. PE O~ file -Shari Dates 07/13!98 Ree ~Tt'smt~eny Subd. No:1-Final Plat IlAyiarS ' WUI: Mere is' final plat mylar sheet no:1 and no,2for this plat. I have re~rtewed my projed file and find that these mylars conform to the review comments my deparG'rtent made at the time fi was presented to the Clty, Coundt for their revie~ir aril approval, In accordance with that review, 1 have sealed and signed the plat sheet no.2 Also attached is a subdivision improvements pertiomtance bondAin the,.amour( of $123.382.10 for guarantee of fenang, landscaping, irrigation and street lights, A tabulated breakdown Of these items is also attached, 1 donY find any'othet• deficiencies in ~ projed file. When you have reviewed ~ signed the-plat you can rtatum K to me for codes or send it out for copies. before retuming ft io the developers engineer. Regards, Gary. ' ~"- ~. IUa~e 7; c~Ple~e fir `le'af ~~ S~f~ ~~ =Gf~-c~--~ ~~ /.~~~~/ ,, '`~r~~'h~.~~~ ref `C'~~~ ~~`r~'s1,~rs,b,%~ ~, ~dfir ~D • ~o~r ~ ~ it[ ~~ G',~ .Su h ~c.~ t~>2,~ a~ or... ~/~ i 5 S CJCV/ t/JSJdr• ~~~1 ~dfC ~~ ~ %~{ ~/l~~ l~il1... ~. t ~~rf~~~ .7'. c~,yD.s~;rt~.rE ~~~: ff t/Y> > 0~ >f~~'. '~~ 9u r rc~1/~l//~~~ yy~'' ~ Mer]dlan City, g~~, of UJ ~~cwS~n Public Wodrs 4epatmmnt ~(~CI fC.~~cr a s// ~tr,.~.r,e I ~ i zoo ~. cam„ si, suits 100 ~'f Cll /n~s /J!" , /.lG~~ a ^-~ .__ ~. ~~~n. Idaho 83 642-26 0 0 --=~~ • f~/yf~~ ' (208) 887.221 l ti PSge 1 ~ ~ ~ (N18) 887-t297 I•' J .~ ~' ~ HUB OF TREASURE VALLEY • Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live , ~,,~~~ 88=~-a2~a ~~1I Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 T, [208> 887 ~~ [ [ RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-~~~ 1 PLANNING AND ZONING KEITH BIRD lyY yJ DEPARTMENT ` (208)884-533 DEC 2 4 1998 CITY OF MERIDIAN PLANNING & ZONING 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: January 12, 1999 TRANSMITTAL DATE:_ December 22, 1998 HEARING DATE: January 19, 1999 FILE NUMBER: FP-98-102. REQUEST: FINAL PLAT FOR TURNBERRY NO. 2 SUBDIVISION BY: BENCHMARK LAND COMPANY. LOCATION OF PROPERTY OR PROJECT: WEST OF BLACK CAT, SOUTH OF USTICK ROAD AND EAST OF MCDERMOTT _ 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 DEPARTMENT BUILDING DEPARTMENT ADA COUNTY (ANNEXATION) _FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES ~ R. ~•~ -F~UEST FOR SUBDIVISION. APPR~L - .`._ PRELIMINARY PLAT AI~/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Plaiuiing and Zoning Commission will hear therequest at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: t~'RN'`"~ ~'~t~t~ S~ oN ~ %Z- 2. General Location: Pslp.Gl~ Cwt 12W4C~ 3. Owners of record: EUGEI.IE t~ /It~CTEGE (.• CJ~E1,tZ~R Address: 4U ZO N ~ 1'3~AGK C4T ~v, Zip` S 3~i42 Telephone SBb - ~4~}'Z. 4. Applicant: p~ehscNnna-:tic ~.p.r-ta ~Mp~.N~ --T~~t~r~er~t~y C.RossiNCr~. ~C ~ L .L, G Address: c ~T,° s o~ peRT~,e.~'°No~ `~''~~~ zzq.-~bloTele hone 5p3-L"1O-93oo ~-~- p ~ P - 5. Engineer, ~`Tk-1.! ~`Ek1TG~11SO~J Firm Briggs En ing eering_Inc. Address, 1800 W. Overland Road, Boise, ID Zip 83705 Telephone 344-9700 6. Name and address to receive City billings - Name: ~ SE'E' AP'Pt.t LI-• t~T = Address Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features ! ~~ 1. Acres: ~,d~~~`J3 2. Number of building lots: . 3. Number of other lots: ~M ~,1 p~hl 4. Gross density per acre: ~,~ 5. Net density per acre: ~_: 6. Zoning Classification(s): 7. If the proposed subdivision is outside the Meridian City Limits but- within the jurisdictional mile, what is the existing zoning classification? 8. Does the plat border a potential green belt? 9. Have recreational easements been provided for? 10. Are there proposed recreational amenities to the City? Explain 11. Are there proposed dedications of common areas? Explain For future parks? Explain .1 ~ .. . 1 • ~ • CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: Tr~N~`i ~~ ~2. ENGINEER: ~~~~~ ~~~~~~ ~ ~ ~ ~ N Ci ' 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 2. Proof of current ownership of the real property in the 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 4. .f A statement of conformance with all requirements and provisions of this Ordinance 5. ~ A statement of conformance with acceptable engineering, architectural and surveying practices and local standards 6. Street name approval letter from Ada County 7. Three copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements 8. Thirty (30) prints of thef~,pJ~at a scale of one inch equals three hundred feet (1" = 300'). Include subdivision and street names, lot and block numbers only COMMENTS ,~Cr~c~C~~=~ /4"'CCF4~,1.4~~1'~ ~'T1'L'='~Z Lx~l ~ ~C't"i~.aC~ ~-rrp~c~+t~ • FINAL SUBDIVISION PLAT CHECKLIST 9. Thirty (30) folded conies of the final plat containing the following requirements and three (31 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 t 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 r r v v .. ~. ~•f!D~ • ~uaR6 pc~T~ MAP • E y. FINAL SUBDIVISION PLAT CHECKLIST ~ Page 3 `~ g 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. I r REVIEW BY: Shari Stiles. Planning & Zoning Administrator _ Garv D Smith P E City Enqineer ACCEPTANCE DATE: f ADDITIONAL INFORMATION NORMALLY REQUIRED BY THE CITY OF MERIDIAN: ~/ 1. SQUARE FOOTAGE OF LOTS (82 x 11 SHEET) ~/ 2. GROUND WATER REPORT -~ - ATTACHED TO PLANS 3. DEVELOPMENT AGREEMENT (IF AVAILABLE) 4. 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O'CgIKR AV fMR ~J r t u z u rr~ r~ f ~d 4 ~ • p ~ O V b ~Z } ~y ~ W LI ~ H Q p tl P O U1 n I O a ~ • u ~ y /- z woBr+~ auuc cwr Rowo ~ f i_ APR 19 '00 14 45 FR CITY OF MERIDIAN April 17, 2000 City of Meridian Attn: Will Berg 33 E. Idaho Ave. Meridian, ID 83642 RE: Benchmark Land Company -Subdivision Bond No. 5143075 Tu~nberry Subdivision:#I.. Dear Will: Willis TNephane 503-224-4195 Fax 5(13.2?4-2195 R,~°E~D APR 19 2000 CITY OF MERIDIAN On June 1 S, 1998 we issued a Subdivision Performance Bond through Developers Insurance Company to the City of Meridian for Benchmark Land Company -Meridian (Quenzer), L.L.C. for Turnberry Subdivision #1. ,. Could you please advise if these improvements are complete and this bond can be released. We would appreciate a written response concerning this. Thank you for your assistance on this. Sincerely, WILLIS OF PORTLAND `~LG~ ~ Mary Gloden Bond Assistant Surety Department 208 884 4259 TO P-AND-Z P.01i01 Willis of Portland IAOtI SW First AvcnuC Suite 400 P.O_ Hox 8699 (Zip 97207) 1''onlan4 Orcgon 97201 .~.u TfITl11 nnrr raw ..,.., 1601 SEP 17, 1998 ID= ADA COUNTY HWY DIST TEL N0~ 387-6391 AC I-~ D FAX TO: Shari Stiles Planning and Zoning Administrator 887-1297 FROM: Steven Snead Planning and Development DATE: September 17, 1998 SUBJECT: Black Cat Road Sidewalk Ashford Greens /;Turnberry~Subdivisions" #4265 PAGE z/2 There was an oversight requiring sidewalk in the ACRD staff reports for the above referenced subdivisions. The engineer for Turnberry has responded by letter assuring that the sidewalk will be installed for both phase 1 and phase 2 during the construction of phase 2. The opportunity to have sidewalk installed for Ashford Greens phase 1 has passed. However, Ashford. Greens phase 3 & 4 is in for review and the District will attempt to place that requirement on those phases. Please call me at 387-6181, should there be any questions. SEP 17 '98 15 58 ACRD PAGE. 02 09i04~98 FRI 16:47 FAIT 503 670 9400 PAC SANTA Ffi Cor N 503-670-9300 • FAX: 503-670-9400 TEL~COPY Date: September 4, 1998 To: Gary Smith, City of Meridian (208-887-1297) Shari Stiles, City of Meridiain (208-887-4813) -Steve Snead, ACRD (208-3~~15-7650) From: BENCHMARK LAND COMP.~~NY -Meridian (Quenzer), L.L.C. Pacific Santa Fe CorporationYM~ra.~g & Member John Knight, Project ManagEi~~ , Re: ~ ~Turnberry;Crossings Sidev~ra on Black Cat Road Letter of Commitment to Ci~nstruct Sidewalk cc: Van Elg, Briggs Engineering (208-345-2950);~Dennis Zimmerly, PLM Pages: p- (including cover) X001 A question came up regarding the timing c,~f the installation of the sidewalk on Black Cat Road. This sidewalk was not shown in the appro~~~ed Phase 1 construction plans by ACRD or the City of Meridian. In addition, this sidewalk was nt~t a condition of approval by either jurisdiction. However, we have budgeted this sidewalk, as part of the construction of Phase II. The sidewalk for Black Cat Road will be installed alvgig the full frontage of Black Cat Road (a'djacent to Phases 1 and ll) during the constructior~i of Phase II of Turnberry Crossings. The installation of the sidewalk was scheduled for Phase II to coincide with ,the roadway improvements on Black Cat Road (per the ACRD conditions of ap~hroval). Plans for Phase II are underway and construction is anticipated to begin in the ~~pring of 1999. Please call me at 503-670-5437 if you ha~~~e any questions. SEP 04 '98 17 53 503 670 9400 PAGE. 01 }.., BRIGGS ENGINEERING Inc. ENGINEERS /PLANNERS /SURVEYORS RACE 1800 West Overland Road Boise, Idaho 83705 - 3142 ~CP 2 ^~ Voice (208) 344-9700 ~ ®~ ~~~ Fax (208) 345-2950 E-mail BEldaho@Compuse ,; September 21, 1998 Sheri Stiles, Administrator Meridian City Planning and Zoning 200 E. Carlton Avenue, Suite 100 Meridian, Idaho 83642 Re: Tunrberry Subdivision Dear Sheri: Enclosed for your records is a copy of a letter from the Nampa and Meridian Irrigation District identifying two (2) items that have to be taken care of for their final acceptance. Also enclosed is my letter responding to the Nampa and Meridian Irrigation District letter and a copy of the approval letter required from the downstream ditch user. Please call if you any questions. Sincerely, BRIGGS ENGINEERING, INC. ~~-- Stan McHutchison, P. E. SLM:fc cc: Van Elg 961016/mercity-1tr20 September 17, 1998 RE: Turnberry Subdivision To Whom It May Concern: I hereby approve the connection of the 12" overflow pipe into the irrigation box serving my property. Sincerely, Mr: Robert Morga 2550 N. Morgan Grove Land Meridian, Idaho 83642 888-2482 961016\Morgan-ltr '?2a~sr~ut & ~~v+:idcact ~I~vrigatioct DiQ~'cict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 14 September 1998 OFFICE: Nampa 466-7861 Stan McHutchison SHOP: Nampa 466-0663 Briggs Engineering, Inc. 1800 W. Overland Road Boise, /D 83705 RE: Letter to Replace 03 September 1998 in Reference to Thousand Springs Subdivision Pump Station -Should Reference "Turnberry Subdivision " Dear Stan: The Nampa & Meridian lrrigation District has inspected the pump station on the above mentioned project. /t appears to "be adequate although two deliverieswill need to be extended under the access road to the two lots located near the Sky Pilot Drain. We will also need a letter from the water users who have a Settlers lrrigation District delivery stating that any excess water can drain into the delivery ditch. Please feel free to contact me if you feel further discussion is required. Sincerely, ~G~ ~~--- Bill Henson, Asst. Water Superintendent NAMPA & MER/D/AN IRRIGATION DISTRICT BH: d/n cc: File Each Director Secretary-Treasurer Asst. Secretary-Treasurer Water Superintendent Attorney - Burri APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJKT RIGHTS 40,000 BRIGGS ENGINEERING~Inc. 1800 West Overland Road Boise, Idaho 83705 - 3142 ENGINEERS /PLANNERS /SURVEYORS voice (208) 344-9700 Fax (208) 345-2950 E-mail BEldaho@Compuserve.com September 21, 1998 Mr. Bill Henson Assistant Water Superintendent Nampa & Meridian Irrigation District 1503 First Street South Nampa, Idaho 83651 Phone: 466-7861 Fax: 463-0092 Re: Turnberry Subdivision Dear Bill, This is in reference to your September 14, 1998 letter to me regarding Turnberry Subdivision. The two deliveries that you mentioned in your letter have been extended and are no longer in the roadway near the Sky Pilot Drain. Also, enclosed is a copy of the permission letter from the downstream user allowing us to dump our overflow water into his ditch. Please call me if you have any questions. Sincerely, BRIGGS ENGINEERING, INC. Stan McHutchison, P. E. SLM:fc Enclosure: Morgan letter dated September 17, 1998 961016\nmid-ltr6 'y MERIDIAN CITY COUNCIL MEETING: August 4, 1998 ,. APPLICANT: BRIGGS ENGINEERING ITEM NUMBER: 14 REQUEST:`TURNBERRY°SUBDMSION LATE COMER AGREEMENT AGENCY- ' COMMENTS CITY CLERK: SEE ATTACHED LETTER CITY ENGINEER: , CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. n,. g 4 BRIGGS ENGINEERING Inc. ENGINEERS /..PLANNERS /SURVEYORS July 24, 1998 ~~ The Honorable Robert Corey, Mayor City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Attention: Will Berg .1800 West Overland Road Boise, Idaho 83705 Voice (208) 344-9700 Fax (208) 345-2950. E mail BEldaho@Compus~e.com ~~ ~'.~, ~f~ ~~.. ~ Re: Turnberry Subdivision Late Comer Agreement Dear Mayor Corey and Council Members: 1.~ ~~~ :'; ..';, ..1ej , The developer of Turnberry Subdivision, Benchmark Land Company, is hereby requesting approval, for a Late Comer Agreement for the 12" sewer line constructed in Black Cat Road from the north boundary of Turnberry Subdivision to its terminus in the existing manhole at the intersection of Moon Lake Drive and Black Cat Road. We are asking for, a Late Comer Agreement to cover the construction of the 12" sewer line, its manholes, and the engineering required to construct the project. Attached for your information is a map showing the sewer line and manholes required to complete the sewer line in Black Cat Road. Allwork is complete and when the final pay request is prepared at the end of the July, we will submit this information and a summary and justification of the engineering costs involved with the construction to the Public Works staff. .Sincerely, BRIGGS ENGINEERING, INC. S~- Stan McHutchison, PE SLM:fc Enclosure: Map cc: John Knight w/enclosure Gary Smith w/enclosure Bruce Freckleton wlenclosure Van Elg w/enclosure 961016\merc ity-Itr 17 r t i x ~~Ar~ ,~.~,~~ ie 7 ~ i ~~ ~~ z °? ` aLOUC s ~o ~ i ~ 7n1 ~~ lp' ' BLOCK 2 ~ E'S -i ~ ~ ~, 1 I e ~ t ~ ~ ~ I BLOCK 1 BLOCK d ~ - _____T s 4 ~ I I I I I I / ~ 1 I I I ' 1 ' ~ I I a ~ ~ I„I ~~ ~ ~ I I ~ I I ~' f ~ ~. I I '~ , f / ~ I I \ \ / / / Tom, I I v / II ~ 11 ~ i ~ / `. / I N. ~ a a m ,m ,ao !GALE N itEf ia..a : R s~i y d ~ y~ ~~{ II tl1 7 e ° ~~ ,~~i ~~~ ~ "~ !t Z~ r-1 ~ ~+ Z a +~ rc G: ~" 4 ~ ~ # m a ~ i ~s A F ~ ~ g al a~ "a•~saFia ~_ S1 ~~ _..,~, ,~..~ r~ .~~~.. N. MOR120NTAL SGALC a0 b 0 M Ib fa0 i'iY! M RN VCR7ICAL IIGL.C ~ a e ~ v is lr11a M RaT ,1 j w.~ rAUwaee eLw. I j % I 1~ I~ jl I~ I~ I' 1.1--..- r~~wt H PENBGtI: BY: la/aYp7 NO! 01/10p! YNY a/~aps nr w/taps wa apops uw ~ ~~ ~ ~ _~ s ~ j O ~g g Y Q °m ~~~ 3 Q ~ ~ ~ C ~ m ~ ~ h h ~ m g d 6 N W ~m ~~ a--i J ~ ~ p~p.KK ~ S ° a z ~ ~ W O ~ ~ ~ z ~ a ~~ m m a ~ Q W N ~~ ~ E+ ~ ~ F rn ~ ~ O ~ ~ n e '~ 91fET : 7 O F 13 O S I $ , .-~ { i .. 4 June 15, 1998 Will Berg, City Clerk - ' City of Meridian : City Clerk's Office 33 E. Idaho Av. Meridian, ID 83642 Subject: CC & Rs for Tu`rriberry`Crossings~ • Dear Mr. Berg: Enclosed you will find an executed copy of the CC & Rs for Turnberry Subdivision on Black Cat Road for your files. This subdivision is currently. under construction and is scheduled to be ~mpleted at the end of July. Please call me at 503-670-5437 if you have any questions or require additional information.: ~ , ~~ BENCHMARK LAND COMPANY - Starpointe, LLC Pay 'fic S Fe Corp tion, Manager & Member r ~. J Knight Project Manager .. ! cc• Shari-Stile,-'1Vlendian°''Plan`riirig Divison~~ _:,~: - ~ „~,~- _ a "'k ; ,. ~ ~ " P l Vii{ t 5 1 t „ \\FILE SERVER\PLM\John\files~ADMIN~LETTER.DOC 11700 SW Upper 3oones ferry Road, Suite 100 Portland, Oregon 97224-7010 503-670-9300 Facsimile: 503-670-9400 I .. ~. ,. ~°' . z " r` ., { ~ ~ ~~. ~ ,~ ~ ~. '~ a ' WHEN- RECORDED,`RETURN TO: BENCHMARK LAND COMPANY-MERIDIAN (QUENZER), L.L.C. Attn: Thomas A. Sherwood ~ F i 17700 SW Upper Boones Ferry Rd., Suite 100 Lake Oswego, OR 97224-7010 (503) 670-9300 ~ ~ i .. 6 F .. I , a . f ' ~ .. _~ i f. f T I - I ---_-_ .. DECLARATION OF PROTECTIVE COVENANTS, ,~ CONDITIONS, AND RESTRICTIONS FOR r TURNBERRY SUBDIVISION i ~ ` t ~~ MERIDIAN, ADA COUNTY, IDAFIO ~, Adopted: , 1998 ~ t .. ti. k k F ~ e i ~ } t } ,' i s 7 t ~. t d ~ • f ,- 1 ,~ { o l ~ i_~ , • ~ 4 I ii . .~ ' 1 ~ ~. ,. i ,~ TABLE OF CONTENTS : Article. 1. Definitions ' 1;1 "Association" ...................... ~:.......:..............:.... ~................................................................................ ...1 1.2 "Building Site" .....................y................................:.........:..........................~............................................1 1:3 "Committee" ~ .........~ ...................................... ...1 1:4 "Common Property„ ....................:....................................: .............................. .................................. ...1 1:5 ' "Declarant" ........................................................................................................................................ " " ...2 1. 6 Declaration ...................... ~........................................................................:.................................... ...2 1:7 .°Dwelling Unit" .................... ~.........................:..........................................:.......................................: ...2 1 ~8 1.9 "General Actions of the Association" .........................................:...................................................... "Lot" .................................... ~..............................................................:............................................. ...2 ...2 _ 1:10 "Plat" ................................... ~...............:...............................................:....:.!...........:.......................... ...2 1::11 "Purchaser" ....................:....`..........................................................:.....::............................................ ...2 1 "12 "Ownern ............................................................................................................................................. .:.2 1.13 Other Definitions ....................................:~:.................................................:...................................... ...3 { Article 11. -Annexation Of Additional Property 2.1 Annexation ....................... ................................................................... .......................................... ...3 2.2 Procedures f ~ ...... ................................................................................................................................ .. ...3 2.3 Activation ..........................:'............................................................................................................. ...3 Article III. Conditions and Restrictions on Uses.' 3.~1 Buildings Permitted ..................................................................................:..........:............................. ...3 3.2 Completion of Construction ........................................................:...............:...................................... ...3 3.3 Building Size ...............................................::.............................................:............ r...................... ...3 3.4 Exterior Siding & Trim Materials .........:.... .................................................................... ...3 X3.5 Roofs ..................................~. ..... ....................................................................................................... ...4 -3.6 Garages • 1: .............. .........:. ......................................................................................... ......................... .. 4 • ... 3.7 Exterior Colors ll ........................................ ............................................................................:............. ...4 3.8 Fencing and Hedges ............................:................................:............................................................:.4 3.9 Animals ...............................~................................................................... • ....................................4 ........ 3.10 Unlawful and Offensive Activities` Prohibited ..............................................................................:........5 3.11 Business and Commercial Uses Limited ..................................................~. .................................5 .3.12 Parking and Storage of Certain Motor Vehicles Prohibited ...............................°....................:............6 3.13 Boats and Boat Trailers ......r:......... ~ • ......... .........................................................................................6 .. . 3.14 , Campers, Recreational Vehicles and Travel.Trailers ..........................................................................6 3.15 Freight Trailers, Etc .............~:.......:...................................................................~:...................................7 3.16_. Antennas and Similar Devices ....................................................................................................:........7 3.17 Underground Distribution ofServices Required ^ ~ .........7 ......................................................................... 3.18 Recreational Equipment, Facilities. and Structures ............................................................................ ..7 3.19, Maintenance of Lots and Adjacent Improvements .., ................................:........................................ ..7 3:20 Temporary Structures ~ ................................~......................................... ............................................... ..8 3.21 Setback, Maximum Height and Minimum Yard Requirements ............:............................................. ..8_ 3.22 Landscaping and Decks ..... ~ ..:.... ......... ..8 3.23 Signs ....:..............................:~ ................................................ ..9 -3.24 Leasing and Rental of Dwelling Units .................................................................,.............................. 10 3.25 .Easements 4 ......................... ......................................................................... .............................. 10 3.26 Mailboxes ............................~:....:..................................................................... ~:...:........................... 10 3.27 Water,~Water Rights............ ~ ......................................................................:...................................... 10 3.28 Irrigation; Maintenance of Irrigation Pipe or Ditch .........:.......................:....~...........:...................:...... 10 3.29 Compliance With Development Agreement ................................................`...........................:.......... r 11 1 i ~ i r x ' ~ t: I . . i Article IV. Architectural Review and Control 4.1 Improvements Defined .................::........................:....................:.....................................................11 4.2 Committee Approval Required ......................................................................::...................................12 4.3 ............................................................................................... ...................................... Procedure .... .12 4.4 Committee. Created; Membership; Appointment and Removal ........................................................ .12 4.5 Liability ....................................:......................................................................................................... .13 4.6 i Actions of the Committee ..................................................................................:............................... .13 4.7' Committee Discretion ...................................................................................~..................................... .13 4.8 Non-waiver ................:.........................:.......................................................... ~ .......... ........................ .13 4.9 Effective Period of Approval or Consent~ .....:....................:................................................................ .13 4.'f0 Applicability to Declarant.....:' ................:............................................................................................ .14 i . n F Article. V. Tur berry Subdivision Homeowners Association, Inc. r 5.1 ~ Organization of Turnberry Homeowners Association, Inc ..........................:..................................... .14 5.2 Successor Association .........:....................................................................~....................................... .14 5.3 Powers, Duties and Obligations of Association Generally ¢ :........:................:................................... .14 5.4 Specific Powers, Duties and Obligations ..................................................~....................................... .14 5.5 Membership ........................ ~....................................................................:....................................... .14 . 5.6 ~ . Transfer of Membership...... ~........... ............................................................................. . .................... .14 5.7 Voting :.......:......................... ~.............................::...................:. •.. .... ............................................. ..... .15 w 5.8 .......................................................... Board of Directors ............... ~............................................. .... .15 5.9 ty ................................~............~.......................................................:.....:................................. Liabili ~ ' .15 5.10 ..................... ..................................... ........................ :.................................... Interim Board .15 5.11 "Turnover" ...:..................................................................................................................................... .15 5.12 Rules and Regulations........ ~ ....................................................................'....................................... .16 . . Article,Vl: Assessments and Liens of Assessments =5.1 -:_.:_ Assessment of Owners and Lots ...................................................................................................... .17 -6:2 - Assessment of Declarant .......................:.........................:.....................:................................:..........17 6:3 Payment and Collection of Assessments ....................................................:.:-..:................................17 .. 6.4 Basis forAssessments .................................................................................:.....................................17 6.5 ................. .....................................................:.........18 Notice of Assessments .........:' .....................: ..... 6'.6 Creation of Lien and Personal Obligation of Assessments ...........................:................................... 18 y Article VII. Remedies 7:1 Non-conforming Improvements; Violation of General'Protective Covenants ...............................:.... 18 , 7.2 Failure to Pay Assessments~~Lien~ Enforcement. of Lien ' ~ ..... 19 7.3 .: Other Remedies ................... ~......................................................................:...........................:......... 20 7.4 Notification of Lienholders ..: ~ ...............:. ..... .......................................:...................................:.......... 20 7.5 Attorneys' Fees and Costs .........................................:...............................:....................................... 20 ~~ ' Article VIII. Property Rights ' 8.1 Members' Easements of Enjoyment to Common Area ...................................................................... 20 8.2 Reciprocal Easement...........:} ..:.............................................:.....: ~ .... 21 Aiticte IX. Miscellaneous°Covenants 9.1' Invalidity; Gender; Captions . ............................................................:............................................... 21 9.2 Amendment ......:....................~....................................................................:....................................... 21 9.3 Regulatory Amendments ......~ :................................... ~ - " ~ .................................. ...................................... 22 9.4 Duration .................................'...............................................................•..~........................................... 22 9.5 Joint Owners .........................~.......................................................................:.................................... 22 9.6 Lessees and Other Invitees.a ........................:........................................... ~...:................................... 22 9.7~~ fVonwaiver .............::..............~.......:................................:..........:.........z................................:............. 22 9.8, Notice of Sale, Mortgage, Rehtal of Lease ..................................................:.................................... 22 9.9 Notices and Other Documents ....................................................................:.:..........................:......... 23 9.10 Addresses .......................................................................................................................................... 23 9.11 Change of Address ..........................:...............................................:............ 23 I: a ii ,. ~. ~ _ ~ , k f. DECLARATION OF COVENANTS; CONDITIONS AND RESTRICTIONS FOR TURNBERRY SUBDIVISION NO THIS DECLARATION is made this _ day of 1998, by BENCHMARK LAND COMPANY -MERIDIAN (QUENZER), L.L.C., an Oregon limited liability company ("Declarant'). WHEREAS, Declarant is the record owner of that certain real property in the County of Ada, and State of Idaho (the "Property"), more particularly described at "Exhibit A° annexed hereto and by this reference incorporated herein. The Property is or will be lawfully subdivided into a total of sixty-one (61) individual, buildable lots and seven individual non-buildable lots, together with certain other easements, rights-of-way, streets and other improvements more particularly described and defined by the recorded. plat to be called "Turnberry Subdivision No. 1" and WHEREAS, the land composing the Property is part of a larger parcel of land which it is the intention of the Declarant to develop in the future in one or more phases as a residential''community or neighborhood which will be commonly known as "Turnberry Subdivision"; and I , WHEREAS, it is the'purpose of this Declaration to subject the Property and all portions thereof, and those portions dedicated to the public by virtue of recording of the Plat or otherwise, to the conditions, covenants, restrictions, reservations~and easements herein set forth or described for the purpose of enhancirig and protecting the value, livability, and 'aesthetic quality of the residential development which will be constructed and occupied on the Property and the land which may be eventually included in future phases of the Turnberry Subdivision community above-mentioned; and . WHEREAS, this Declaration and the conditions, covenants; restrictions, reservations and easements herein set forth and/or described shall, and do hereby, constitute covenants to run with the land comprising the Property and shall be and remain bindings upon and inure to the benefit of all present and future owners. of the Property and each individual,lot, parcel and tract created by subdivision thereof as aforesaid, ~- . . NOW THEREFORE, BENCHMARK LAND COMPANY- MERIDIAN (QUENZER), L.L.C., does hereby declare the Property subject to the following: , COVENANTS, CONDITIONS~AND RESTRICTIONS ` , ARTICLE 1. Definitions As used in this Declaration the following words or terms shall have the following meanings: 1.1 "Association" means and refers to the Tumbeny Subdivision Homeowners Association, Inc. formed and administered as, and for the purposes, described in Article V of this Declaration. 1.2 "Building Site" means andrefers to a Lot, or to any -tract or parcel within the boundaries of the Property in private ownership which consists of a portion of a Lot, or contiguous portions of two or more Lots, when and if a building is constructed thereon. 1.3 "Committee" means and refers to the Architectural Review & Control Committee formed and administered as and for the purposes described in Article IV of this Declaration.. 1.4 "Common Propertv° means~and refers to:. a. Any real property or interest in real property within the Property which is owned or teased by the Association or owned as tenants in common by the Owners, or designated in this Declaration for transfer to, or acquisition by, the Association; ~ , b. Seven (7) non-buildable, lots indicated as Lot 1, Block 1; Lot 1, Block 2; Lot 1, Block 3; Lots 5 and 11, Block 5; Lots 2 and 9,,Block 6, Turnberry Subdivision No. 1, Ada County, Idaho. c. All lands lying within ariy public right of way within or contiguous withrthe boundaries of the ~' Property, which it is now, or at any time hereafter becomes, the responsibility of the Association to manage, care for ormaintain for the benefit of.the public or members of the Association, or both; and TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 1 of 24 i .. ~t. ~- ~ _ d. All lands lying within or outside the boundaries of the Property or of<any Lot o~ Lots now existing or hereafter created within'ttie.Property which, by virtue of the terms and provision's of this Declaration or otherwise, the Association is, or may become, responsible to manage, care for or maintain. The lands subject of the foregoing sentence shall include, but are not limited to, any parcel or parcels of land and facilities situated within or outside the boundaries of the Property committed to use for treatment, retention, infiltration or conveyance of'storm or` `surface water accumulated or originating on the Property or any portions thereof which it is or becomes the'obligation of the Association to manage, care for and/or maintain. x e. "Common Property" also means personal property, tangible and intangible, of any description including, without limitation; funds,'contract rights, stocks, bonds, investment receipts, securities, security interests, collateral, claimslcauses of action or suit, and generally any and all interests in property other than real property, whether cognizable at law or in equity, now owned or at anytime hereafter acquired by or vested in the Association or in the Owners~collectively or as tenants in common. . 1.5 "Declarant"'means~the Declarant named above and its successors and assigns if such successors or assigns acquire all of Deelarant's'rights under this Declaration pursuant to a recorded instrument executed by Declarant. ~ ~ «~ a F. 1.6 "Declaration" mea ~s this- Declaration Of Covenants, Conditions Andy Restrictions For Turnberry Subdivision No. 1, and each and all~of the terms and provisions herein contained as of the date the same is duly recorded in the ofFcal records of Ada County, Idaho, as the same may be modified, amended, supplemented or otherwise;~evised in accordance with the terms and provisions hereof and/or by recordation of any declaration by which~additiorial lands or premises may be annexed to the Property subject hereof as contemplated and provided`for at Article II below-set forth: , 1.7 "Dwelling Unit' means and refers to any building or structure located on a Building Site constructed, used,. or adaptable for use, for occupancy as a residential dwelling under applicable zoning and building laws and restrictions, including, without limitation, any structure or building commonly referred to as a "single family detached" residence or home. _ ~. 1.8 "General Actions of the Association" means and refers to any action on the part of the Association, duly effected by vote of no`iless than the Owners of two-thirds of all Lots now or hereafter subject of this Declaration, which allows, authorizes or conditions, and/or restricts, limits or prohibits, any use, condition or activity affecting or within the Property and which applies to all Lots then subject of this Declaration. i , 1.9 "Lot" means and refers to any individually platted tract of land shown by any recorded subdivision plat or map of the Property and to any portion of the Property in private (as distinguished from public) ownership consisting of a portion of one or more Lots and/or contiguous portions of two or more Lots, upon which a single Dwelling Unit has been constructed or exists. I 1.40 .`'Plat" mean the final plat entitled "Turnberry Subdivision No. 1" LOCATED IN THE NORTHEAST %a OF THE SOUTHEAST %a OF SECTION 4 TOWNSHIP 3 NORTH, RANGE 1 WEST, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO" recorded in the official records of Ada, State of Idaho, as shown by Book of Plats at Pages records of Ada County,. Idaho. 1.11 "Purchaser" means the person(s) orparty(ies) to whom a Lot is first conveyed by the Declarant. 1.12 "Owneri' means the;person(s) or party(ies), including Declarant and any Purchaser, owning beneficial title to any Lot (including the~holder(s) of a vendee's interest under a land sale contract); but does not include a tenant or the holder of a leasehold interest or any party holding only a security interest in a Lot (including the holder of a vendor's interest under a land sale contract). The rights, entitlements and obligations granted to or imposed: upon an Owner by virtue of the terms and provisions of this Declaration commence to-exist upon acquisition of record title to-any Lot by any means,. voluntary or involuntary, and terminate upon transfer or conveyance of such record title by any means, voluntary or involuntary Transfer or conveyance of title or any beneficial interest in a Lot shall .not operate to discharge or release the transferor(s) from any obligation incurred as an Owner prior t~ record transfer or conveyance of such title or benefcial interesf. ~( I TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICi'IONS ' Page 2 of 24 _. ~'~ ~ L ~ , -~ ` - t 1.13 .Other Definitions ..Other or additional words or terms which are initially'capitalized and enclosed in quotation marks the first time they appear in the text of this Declaration shall have the meaning ascribed "thereto by,the terms or context in which they first appear..,, ARTICLE II. Annexation Of Additional Property •~ 2.1 Annexation: Decla"rant may from time to time, and at its sole discretion, annex to the Property subject of this Declaration ariy adjacent property and/or future phases of the development now or hereafter owned or acquired by it, and may also from time "to time, and in its sole discretion, "permit other owners of land adjacent to, contiguous with, or in `the vicinity of, the Property to annex some or all of such land owned by them to the Property subject of this Declaration. ~ 2.2 Procedures: Annexation of such land shall be accomplished by recording a declaration executed by, or bearing evidence of the'approval of, Declarant, which shall: (I) describe the property to be annexed, (ii) establish any additional or.'different limitations, restrictions, covenants and conditions intended to pertain exclusively to all or any portion theland annexed thereby, and (iii) declare that such property is held and will be held, conveyed, hypothecated ~ encumbered, used, occupied and improved subject to the terms and provisions of this Declaration as modified, amended or supplemented by any such additional or different limitations, 'restrictions, covenants and conditions. 2.3 Activation. Upon recording of such declaration(s), the lands therein described shall become a part ..~ of the Property for purposes of the~terrris and provisions of this Declaration. ' ARTICLE III. Conditions and Restrictions on Uses r 3.1 Buildings Permitted: No building or structure shall be created, constructed, maintained or permitted upon the Property except upon a Building Site, and no building or structure shall be erected, constructed, maintained or permitted on a Building Site other than a single family detached Dwelling Unit, except that appurtenances to any Dwelling Unit, such as private garages, garden houses or similar structures, architecturally in harmony therewith'; and of permanent construction, may be erected within the building limits -_ "ereinafter set forth. No "manufactured dwelling," "manufactured home" or "mobile home" shall be installed or allowed to remain on any Buildirg Site except as a temporary shelter or office facility for use by persons engaged in`construction of one or more. Dwelling Units on the property during the'course of actual construction thereof, or as a temporary sales# office for use of Purchasers, or real estate licensees representing Purchasers, engaged in marketing of. new. and unused Dwelling Units constructed or under construction elsewhere on the Property. 3.2 Completion of Construction: The construction of any Dwelling Unit,~including painting and all exterior - - finish, shall be completed within nine calendar months from the beginning of construction so as to present a finished appearance when~viewedtfrom any angle. In the event of undue hardship due to extraordinary weather conditions, the C mmittee~'shall extend the time for completion of construction stated immediately above for a reasonable period of time upon written request of the partyor parties otherwise responsible for, or engaged in, completing such construction. Building Sites and streets shall be kept reasonably clean and in workmanlike order during construction of Dwelling Units and related improvements thereon and the Owner of each Lot shall be responsible for any and all damages to curbs, streets and utilities occasioned by activities associated with construction of anye Dwelling Unit or other improvements on such Owner's Lot(s). No less than sixteen feet of clear width for vehicular travel on all abutting streets must be maintained to provide access for emergency service vehicles at all times during construction or installation of any improvements on any Lot. 3.3 Building Size: ~No single st ry Duelling Unit may be erected on a Building Site unless it contains a minimum of 1,500 square 'feet of enclosed heated floor area intended for residential occupancy and use, exclusive of unfinished attic~spaces~and crawl spaces, open porches,. garages, garden houses and other free standing appurtenant structures. ;In the case of a Dwelling Unit having more than one living level, the combined square footage of enclosed heated floor area on all living levels combined shall not be less than 1,700 square feet unless a~pprovedby ttie Committee. ~ 3:4 Exter-ior Siding & Trim Materials: Exterior siding and trim materials utilized on Dwelling Units shall be - i I a~ TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 3 of 24 x~, ~ I I, i I ,. v~ ~ n~q- _. - - - s _ ~ J`. 4 r 9 m r .. t of cedar, redwood, cementitious lap siding sized, shaped and textured to resemble natural wood, stucco, sy~rithetic stucco or plaster (Drivit®or~equal), river rock, masonry, masonry veneer and combinations of such materials as may be approved by the Committee as provided for in Article IV below. Other siding materials will be permitted only if specifically authorized in writing by, and in the sole discretion of, the Committee. However, vertical grooved ("T-1-11"type) and other forms of panelized siding materials are not permitted.. z 3.5 Roofs: Roofng material must be of wood shake, wood shingle,•concrete tile, ceramic tile, or a minimum thirty year architectural-grade composition shingle. Except for roofs of wood shake or wood shingle, the dominant roofing color shall be black or dark gray unless otherwise approved by the Committee. All flashing must be painted. The roof shall have a minimum of a six/twelve (6/12) slope. 3.6 Garages: Each Dwelling Unit shall incorporate an integral or attached garage designed to enclose a minimum of two, and a maximum of three; automobiles, unless otherwise approved by the Committee. `' Carports. are not permitted r Y ` 3.7 Exterior'Colors: All .colors and color schemes which will be applied to the exterior of any Dwelling Unit or other improvements constructed on a Building Site must be approved in advance by the Committee. IVo combination of exterior siding and .trim coloration of a Dwelling Unit may be repeated on any other Dwelling Unit within the Property without advance written approval of the Committee. In granting or denying such approval, the Committee's determinations with respect to both the aesthetic desirability of the proposed. .color scheme and the proximity of other Dwelling Units which exhibit color schemes the same or substantially similar to the color scheme proposed for approval shall be final and conclusive for all purposes. 3.8 Fencing and Hedges: As used herein, ''fencing" or "fences" means any barrier or wall constructed or located anywhere on the Property consisting primarily of materials other than living plants. a. Subdivision Perimeter Fences. Declarant shall construct a perimeter fence exterior of this subdivision property in such locations as required by the conditions of approval of the City of Meridian (except for.eritrance or exit or where omitting such fencing is permitted by the local governmental agencies). After Declarant has transferred title to any Lot which contains a portion of this perimeter fence it shall be the `responsibility of the Purchaser or Owner of the Lot to maintain, repair and/or replace the fence as needed;. repairs and/or replacement shall be performed so as to keep the perimeter fencing uniform, attractive and harmonious. b. Other Owner Fences. Sight obscuring plantings such as hedges, and fences, shall not exceed three feet in height in the front yard areas between any location less than six feet behind the front wall plane of the Dwelling Unit furthest from the street and the street; or less than five feet from the property line in side yards facing a street on any comer Lot. Unless greater height is expressly approved by the Committee, the maximum height of site obscuring plantings and/or fences located elsewhere on any Lot is six feet and must otherwise comply with any applicable ordinances.` Trellises located on or immediately adjacent to, and parallel with, the exterior walls of a building'are not subject to these limitations. c. Fence Material. Unless otherwise approved in writing by the Committee; fences shall be constructed of brick, natural stone and/or wood constructed in "good neighbor" style with wood cap. Wooden components offences must be sealed with a clear wood finish or stain in harmony with Dwelling Units located nearby and shall not be permitted to "weather" excessively. Entry monumentation and fencing installed by or for the Declarant is not subject to the requirements of this section. 3.9 Animals: No insects, mammals, .reptiles, amphibians, fish or birds of any kind shall be raised, bred or kept on any part of the Property,'except a reasonable number of common household pets may be kept or a boarded on any Lot so long as sucfi pet(s) are reasonably controlled so as not to constitute any nuisance or y inconvenience to Owners and other residents of the Property. Provided,,however: a. No pet-may be kept, boarded, bred or maintained on any Lot or elsewhere on the Property for commercial purposes nor may any pet of a kind which is customarily kept, housed, caged or penned outdoors ,be kept or boarded on any Lot (e.g~ horses, ponies, pigeons, chickens, ducks,:geese, swine, etc.). TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRIC i IONS .Page 4 of 24 i , .. , .... _, ,4. ~ .. I i 1 -. .e. ~' j i b. No pet shall allowed by the owner or custodian thereof run at large on the Property or to enter upon any Lot not owned by such owner, or occupied by such custodian, without the express permission of the Owner or resident(s) of such Lot. Whenever any pet is on the Property outside of the boundaries of the Lot which its owner or custodian resides upon or regularly occupies, such pet shall be caged, leashed, tethered or otherwise physically restrained under the direct and immediate control of its owner or custodian at all times. , c. All and any damage,. inconvenience or unpleasantness occasioned by the keeping or behavior of any pet shall be the responsibility~of owner(s) and/or custodian(s) thereof. The owner or custodian ~of a pet is, at all times, responsible to immediately remove and properly dispose of wastes eliminated by such pet ` anywhere on the Property where the same. may be objectionable to other Owners and residents thereof. d. The Association may levy fines in`the event of violation of any of the foregoing provisions of this section and any losses, damages or expenses suffered or incurred by any person due to the keeping or .behavior of any pet on the Property shall be recoverable by such person-from the Owner(s) of any Lot upon .which such pet is present or kept with-the knowledge or consent of such Owner(s) or usual residents of such Lot. ~ ~ F e. Owners or resident(s) shall comply with all applicable City 4of Meridian ordinances relating to animals, including but not limited to~the maximum number of dogs and cats allowed on th'e Property. 3.10 Unlawful and Offensive Activities Prohibited. ~. a. No unlawful or offensive activities shall be permitted or carried upon any Lot or elsewhere on the Property by any Purchaser or Owner of any-Lot, or by any resident or other person(s) present on the Property at the invitation or sufferance of any such Purchaser or Owner. b. Nothing shall~be done or placed on any Lot or elsewhere on the Property by the Purchaser or Owner of any Lot, or by any resident. or other person(s) present on the Property at the invitation or sufferance ,of such Purchaser or Owner, which`constitutes anuisance or which otherwise unreasonably interferes with f ~==u~.jeopardizes the use or enjoyment~of any-other Lot or any portion thereof,'or which is a source of persistent annoyance to other Owners or residents of the Property. c. ~ No noxious or offensive odors shall be permitted to emanate from a Lot to other Lots and no a noises or sounds which are unreasonably offensive or bothersome due to the nature or volume thereof and/or the time(s) they,occur maybe permitted to emanate from any Lot. d. Any losses, damages or expenses suffered or incurred by any person due to violation of any of the foregoing provisions of this section shall be recoverable by such person from the Owner(s) of the Lot who committed such violation(s) or by whom the person(s) who committed such violation(s) were invited, or suffered, to reside upon or be present on the Property at the time such violation(s) shall have occurred. The Association may levy fines on such Owner(s) for violation of such provisions. 3.11 ~ Business and Commercial Uses -Limited. Except in conformity with General Actions of the Association, and subject always to .all applicable governmental ordinances, ~ag~eements and land use •« approvals applicable to the Property, no trade;~craft, business, profession; commercial or similar activity of any kind shall be conducted on any L' of (including, without limitation, operation of a day care facility), nor shall any goods, equipment, business or commercial vehicles obviously identifiable as such, or materials or supplies used in connection with any trade; service or business be kept or stored on any Lot. However, this section does not restrict or prohibit any of the following described actions. or activities:. a. Activities relating to the~sale of Lots or the rental or sale of Dwelling Units. b. Construction, reconstruction, repair or maintenance of Dwelling Units:or other improvements on any Lot or the storage or use construction materials and equipment on such Lots in the normal course of such activities otherwise conforming with:`the other provisions of this Declaration. c. Keeping and maintaining any business-related or professional personal library; keeping and ` TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 5 of 24 ~ ~ - 4 ,. ~: ~I maintaining personal;~business orprofessional records.or accounts; engaging in personal, business or professional telephone calls or other correspondence; communicating or conducting financial, professional, business or commercial transactions by computer,tfacsimile or other electronic devices not requiring outdoor antennas or receiving or transmission devices; and%or meeting ~antl conferring° with business or professional associates, clients or customers; provided such activities are conducted entirely within the confines. of a Dwelling Unit located on such Lot and such activities do not impair access to other Lots or use of on-street parking space abutting any-other L`ot: :, -- { d: Parking `or storage of a business or commercial vehicle obviously' identifiable as siach~entirely within an enclosed garage located ~ n such Lot. 3.12- Parking and Storage of Certain Motor Vehicles Prohibited. No motor vehicle in an obvious state of disrepair shall be placed,wparked or permitted to remain on any Lot, public or'private street or roadway, driveway.or sidewalk within'or abutting the Property. `Owners and residents of Lots shall refrain'from utilizing street parking areas for purposes of parkirig their vehicles, regardless of condition, whenever possible -street parking areas are provided primarily fo'r purposes of providing space for parking by guests and invitees of Property residents. ~ ~ ` ' ~ ~ ' ! a. A motor vehicle shall. be deemed to be in an obvious state ofdisrepair if and when the Committee reasonably determines that its. appearance or condition is offensive to~the Owner(s) or the occupants of Lots in the immediate vicinity thereof or otherwise detrimental to the aesthetic appeal or physical appearance of the neighborhood or vicinity in which. it is located. _ ~ '; ' . ~- ~ _. yb. Should the registered owner of any such vehicle, or the Owner(s)~of the Lot upon which such a vehicle is located, fail to remove, or cause removal of, the same within five (5) days fol(owing the date notice to remove it is mailed to such owner or Owner(sj" by or on behalf of the Committee, the Committee may have such vehicle removed from the Property and charge the expense of such remove! and any resulting storage of such vehicle, to such registered owner and/or the Owner(s) of such Lot. ~. ~, -Y~ :13 Boats and Boat Trailers. Subject to the exceptions contained~.in~ subparagraphs a., .and Fb., immediately below, and except in conformity with General ..Actions of the Association, no boat nor other watercraft, or trailer or other separate conveyance designed or used for purposes of transportation of any boat or watercraft, shall be placed, .parked or permitted to remain on any .Lot, public or private street or roadway, driveway or sidewalk within the Property. a. One boat or other watercraft may be temporarily placed or~parked out of doors on a Lot'as far as practicable from adjoining streets for a period not in excess of forty eight hours for the purposes of enabling the Owner or a permanent resident of said Lotto load or unload; oc to maintain; repair; clean and/or otherwise prepare such boat or watercraft for use or'storage following the end of such period. p~ b. One or more boats or other watercraft, or one or more such trailers or other conveyances whether or,not loaded, may be parked or'stored on any Lot for more than 48-hours if located in an,enclosed coriventional and attached garage or screened behind a six foot privacy fence'which completely screens`such boat or other watercraft from' any public street. 3.14 Campers, Recreational Vehicles and Travel Trailers. Subject to the exceptions contained in subparagraphs a., and b., immediately below, and except in conformity with General Actions' of the Association, no motor vehicle accessories in the nature of camper'tops; camper shells or truck bed"units, no self-propelled recreational vehicles or "motor homes", and no "fifth'wtieel" or other types of camping or travel trailers sfiall be placed, parked or permitted to remain on any Lot, public or private street or roadway,.driveway or sidewalk within the Property. ~ ,~ ~ a. One such`camper accessory, recreations! vehicle or motor home,`'fifth wheel, camping or travel trailer may be temporarily located or parked on a Lot as far as practicable from adjoining streets for a period not ~in excess of'48-hours for purposes of enabling the Owner or a permanent resident of said Lotto load or unload, or to maintain, repair, clean and/or otherwise prepare such camper or vehicle for use or storage away from the Property following the end, ofisuch period. Except as provided below, no,such camper or vehicle shall TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 6 of 24 ~ .. ±f f earthquake, riot, vandalism, or any other cause shall be the responsibility of the Owner to repair or restore to undamaged condition within the time reasonably`and objectively necessary in order to effect such repairs or restoration following damage. b. Each Owner shall likewise be responsible to repair damage from, and to maintain such Owner's Lot and all sidewalks, aprons, parkways and street landscaping located upon or immediately adjacent thereto 4 free of unsightly, unreasonably excessive, or unsafe accumulations'of refuse, debris, water, ice, snow and the like. Y ~ c.~ Purchasers and/or Owriers shall plant; replace, prune and maintain street trees and landscaping as required by the Declarant, applicable General Actions of the Association and/or Committee policies or guidelines. When planted, the proposed street trees shall be a minimum of 2" in caliper and planted in accordance with the Turnberry Subdivision Landscape Plan included in Exhibit 'B". The street trees shall be installed and. in a healthy condition' within 30 (thirty) days of the sale oc transfer of a dwelling unit by the Purchasers to subsequent owners. ~ 3.20 Temporary Structures. No structure of a temporary character, trailer, excavation, tent, shack, garage, barn or other outbuilding shall bed used on any Lot at any time as a residence, either temporarily or permanently. Persons engaged in the construction, reconstruction, repair or remodeling. of improvements on a Lot may place or erect temporary or portable sheds or other temporary structures on a Lot to serve as a field office or shop facility, and/or to store or house tools, equipment or building materials in connection with such activities on such Lot and/o'r other Lots in the immediate vicinity. 'Such sheds and%or structures shall, be maintained in good order, condition and appearance and must removed no later than the date the work undertaken by such persons on such Lot is completed or is discontinued or interrupted for a period in excess of fourteen days. 3:21 Setback, Maximum Height and Minimum Yard Reguirements..Each Lot shall be subject to: (i) all setback, maximum height and minimum yard requirements shown on the Plat and/or established by any public -__ authority or agency having jurisdiction thereof and (ii) any land use review procedures established by any public authority or agency having or acquiring the power to establish, review or grant variances from any such requirements. i 3.22 Landscaping and Decks. ' , a. Unless weather or other conditions will unreasonably interfere with, prevent, or imperil the results of such efforts, landscaping and planting of all areas of all Lots in plain view of adjacent streets, sidewalks and other Lots shall be completed tb the reasonable satisfaction of the Committee or in accordance with applicable General Actions of the Association, if any, within six calendar months following the date on which construction of-any. Dwelling Unit on such Lots is'~substantialfy completed. b. Asphalt and artificial turf is not permitted for the purpose of surfacing driveways, sidewalks or other walkways, or as ground cover, on any Lot. Professionally'installed, enclosed, "sport courts." tennis courts and similar improvements otherwise conforming to this Declaration are not subject to this prohibition. r c. Retaining walls constructed with, or which include, railroad ties are prohibited unless the railroad ties are fully and permanently concealed from view'from any angle. , d. Yard or landscape ornaments such as concrete, fiberglass or plastic animals or birds, fountains, bird baths; sculptures or figurines which, are visible from adjacent streets or sidewalks are not permitted. However, architectural elements or details such as fountains or sculpture incorporated in the structure of a Dwelling Unit, permanent IandscapeYrockery or retaining walls the design and appearance of which has been approved by the Committee including such elements are permitted. } e. Use of rock, gravel or bark for purposes of ground cover in yard areas visible from adjacent. streets or sidewalks is prohibited except in {beds planted with evergreen shrubs. Plastic, fabric and other materials in the nature of silt fencingAinstalled on the surface of the ground in landscaped areas or elsewhere on any Lot shall be concealed from view at all times by rock, gravel or bark ground cover installed and x TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRIC i IONS Page 8 of 24 ~~ maintained in conformity with the foregoing sentence. „~ f. Silt fences, hay bales and other materials commonly utilized.for, or which function for purposes of temporary control of erosion and/or stabilization of soils shall be removed, or replaced by permanent improvements approved by the Committee as soon as 'practicable and in no; event later than the time landscaping is required to be completed in accordance with subparagraph a., of this section 3.22. g. Upon request of the Committee, unsightly or dying plants, trees, shrubs and/or lawns must be removed and replaced by the Owner of the Lot on which they are located unless measures are undertaken and completed to restore their appearance or restore`them to a healthy and attractive condition. h: Noxious or poisonous plants of any description are prohibited everywhere on the Property unless continuously confined to the interio~;of a Dwelling Unit. i. Ponds, pools and/or other areas which contain or accumulate standing'water which result in the presence of. mosquitoes and/or other undesirable pests, or which may'constitute an attractive nuisance, are prohibited. ., j. Excessive infestations by weeds in landscaped areas and/or lawns'of any Lot in plain view of public streets or pedestrian walkways, or from less than,6-feet above ground level on any adjoining.Lots, must. be removed by or at the expense of the Owner or occupant(s) of such Lot. , k. Unless the same has been determined to be diseased beyond cure,, dead or dying by a licensed arborist or such removal is required 6y this Declaration or governmental regulation, order or ordinance, no tree with a trunk diameter of six inches or more at the'base may be removed from any Lot without the prior written approval of the Committee. Such approval may be conditioned on replacement of such tree with atree of such type and size, and within such time frame, as the Committee may reasonably determine. a ~ t~ I. Hedges, shrubs, bushes, trees and other landscaping elements, fences, walls or other barriers which in any way interfere with~the ability of motorists, cyclists or pedestrians using streets or sidewalks ,_~abutting or in the immediate vicinity of anyLot to readily observe and safely respond or react to the ,presence ~of traffic controls, other vehicles, ,,'bicycles or pedestrians on or entering the street or sidewalks from intersecting streets, driveways or other locations; are prohibited and shall be removed or altered to eliminate such interterence(s) by or at the expense of the Purchaser or Owner of the Lot,on which they are situated. m. Hedges, shrubs, bushes, trees and other landscaping elements:. present on any Lot which "hereafter develop or grow town extent which~the Committee determines unreasonably impairs or eliminates an objectively significant and desirable view or outlook otherwise available from or in the immediate vicinity of any Dwelling Unit situated on anyother Lot, shall be`trimmed or pruned, or if necessary removed, by or at the expense of the Owner of the Lot upon which such hedges, bushes, trees or other landscaping elements are present to the extent necessary to restore and preserve such view or outlook. n. Landscaping plans submitted for approval by the Committee shall describe or depict adequate drainage of areas to be landscaped in accordance with such plans. Surface and storm water"must be directed away from buildings located on a Lot and may not be allowed to pond on such Lot. Water may flow from an uphill Lot to a downhill Lot provided no diversion or channeling results in increase or concentration of surface water flow on downhill properties. Every Purchaser and Owner shall be and remain responsible for providing and maintaining surface water flows from their Lot in accordance with the drairage patterns which existed p"rior to construction of any Dwelling'Unit and/or other improvements on, above grid below the finished grade and contours of such Lot. ~ a o. Exterior foundation surfaces; piers and exterior supporting structures for decks or similar structures extending more than twelve inches above finish grade must be sacked', sided or otherwise covered or screened from view and, painted or stained to be compatible with adjacent exterior surfaces. 3.23 Sians. `No signs of any kind shall be displayed to public view on any Lot unless approved by the Committee: The Committee shall develop one or more guidelines pertaining to signs advertising the availability of Lots and Dwelling Units constructed, or to be constructed on Lots; for purchase, and iri 'the TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRIC i IONS Page-9 of 24 ~. m , case~of,Dwelling Units, for rent or for lease. Such guidelines may be amended from time-to-time at the sole discretion~of the Committee. 3.24 ` Leasing and Rental of Dwelling Units. No Owner may lease or rent a Dwelling Unit or any portion thereof for a period of less than thirty days. 7 a. All .leases. or rentals~of Dwelling Units shall be made subject of a.written lease ortenancy agreement. Such leases or tenancy:agreements shall provide that the terms thereof are subject in all respects to the provisions of this Declaration,'the Bylaws of the Association and all rules and regulations duly adopted thereunder and complete copies of this Declaration, any such Byfaws, rules and regulations shall be provided by the Owners} of any Dwelling Unfits so leased or rented to the tenants or lessees upon commencement of their tenancy. ~ Such leases ~or tenancy agreements shall further provide that any failure by the lessee or tenant to comply with the terms of this Declaration, said Bylaws and said rules and regulations may constitute cause for premature termination -of the tehahcy created thereby. b. If the Board of Directors of the Association or the Committee determines that a lessee or tenant has violated any. p"rovisions of this Declaration, the Bylaws or any one or more of the rules and regulations mentioned above, then, after having provided the Owner of the Dwelling Unit occupied by such lessee or tenant no less than ten days' advance notice of its intention to do so, the Board or Committee may either (i) require the Owner to terminate such lease or rental agreement in compliance with applicable laws or ordinances goveming~residential tenancies, or (ii) require the Owner to provide reasonable financial assurance that such Owner has taken measures to prevent further violation by such lessee or tenant which the Board of Directors or Committee, in its discretion, finds adequate to insure that such violations will not recur. t 3.25 Easements. Easements for installation and maintenance of .utilities and drainage facilities are reserved on Lots as shown on the Plat. Within these easements, no structures, plantings or other materials shall be placed or permitted to remain which may damage or interfere with utilities located therein or the flow of water through drainage channels in the easements. Those portions of any Lot which are subject to any such easement and all- improvement's therein shall be maintained continuously by the Owner of the Lot except -~ror those improvements for which the Association, a public authority, utility company, maintenance committee or other party is, or becomes responsible. Owners shall be responsible for removal of any fencing or vegetation in, or which, impairs access to any portion(s) of their Lots in the event a utility company, public agency or official, ~or the Association requests that they do so. 3:26 Mailboxes. All mailboxes and stands will'be consistent design, material and coloration as specified by the Committee, and to assure uniformity, shall be located at places designated by the Committee and or /the United States`Postal Service. 3.27 - Water", Water Rights. Eacli party accepting and recording a deed to any real property in situated within the Property now or at anytime hereafter subject of and encumbered by this Declaration, and each person who shall now or at anytime' hereafter reside upon or occupy any land or Dwelling Unit'within said Property shall thereby be deemed for all purposes whatsoever to have acknowledged and agreed to the following: (a) that such real,propert)i; land and/or Dwelling Unit is situated within an irrigation district, including but limited to the Nampa-Meridian Irrigation District; (b) that the water in said district has not been transferred from the Property; (c) that each Owner of a Lot is subject to all assessments levied by any such irrigation district; (d) that the Owner of each Lot shall be and remain responsible to pay any levies of any such irrigation district attributable to such Lot; (e) that said assessments are a lien upon such Lot, and (f) that each Owner and each resident` and/or occupant of any Lot shall, solely by virtue of the foregoing provisions of this Declaration, be deemed for all purposes~whatsoever to have fully released, discharged and waived any and all claims of any kind against Declarant, its members, its members' agents, employees, officers and directors relating to water rights for irrigation or any other purpose or.purposes affecting such Lot. 3.28 irrigation; Maintenance of~lrrigation Pipe or Ditch. Irrigation water, when available, will be supplied through Nampa-Meridian Irrigation District (or its lawful successors ,in interest) by means of a pressurized water system. Each L'ot shall be subject to any License Agreements with Nampa-Meridian TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICi'IONS Page 10 of 24 Irrigation Districts affecting the Property. In the event of any'conflict between the terms of these CC&R s and any License Agreement with Nampa-Meridian Irrigation District, the License Agreement shall control. Each Owner shall pay Nampa-Meridian Irrigation District water assessments as assessed against any Lot(s) owned by said Owner.- Each Lot shall be subject to said assessments. ~ In the event that the irrigation water system is not maintained by the Nampa-Meridian Irrigation District, then any ditch, irrigation system, or irrigation pipe situated' upon or otherwise within the boundaries of a Lot shall be maintained by, and at the expense of, the Owner of such Lot, but such obligation for maintenance shall hot extend to any such pipe or ditch located outside the boundaries of such Loth F 3.29 Compliance wifh Development Agreement. a. Declarant and the owners of certain additional real property which will eventually be annexed to, and become a part of, the Property'subject of this Declaration to be known as "Tumberry Subdivision No. 2," were required, as a condition of annexation of the Property and additional real property to the City of Meridian and as a condition of approval ofkdevelopment and recording of the final plat of the Property and said additional real property,., to enter into an agreement with the City of Meridian,. entitled "Development Agreement," which Development Agreement had been, or will be, recorded in the official records of Ada County and constitute a continuing encumbrance of the Property and said additional real property in perpetuity. By this reference, each~and all of the terms and provisions of said Development Agreement shall be, and are hereby, incorporated in and made a part of this Declaration with like effect as though set forth herein verbatim. I , b. Apart from certain obligations imposed on Declarant and the owners of said additional real property which will be discharged upon completion of construction of certain infrastructure and improvements . more specifically described in said Development Agreement, said Development Agreement contains certain covenants, conditions and restrictions which bind all successors in interest of the Declarant and the owners of said additional real property, including,.without limitation, the Association and each and every person or __ -party who shall now, or at anytime hereafter, become an Owner of any Lot. And, said- Development ` --agreement fu-ther provides that failure to comply with the terms and provisions thereof may, under certain circumstances, result in recovery on the part of the City of Meridian of certain costs, expenses or damages from the party or,parties failing to comply therewith and, in addition, result in de-annexation of the Property by the City of Meridian. ,~ TM c. Accordingly, the Association and each person or party who shall now,,or at anytime hereafter, be o`r become and Owner of any Lot subject of this Declaration, shall in all respects comply with the terms and provisions of said Development Agreement and perform each an every obligation of the part of the Association and/or an Owner of any Lot subject of this Declaration to be pertormed thereunder. ARTICLE IV. ARCHITECTURAL REVIEW AND CONTROL 4.1 Improvements' Defined. For purposes of this Article and Declaration, the words "improvement' and "improvements" mean and refer all and any improvements to, or alterations of, land of any,. description, including but-not limited to, the following: { ° a. Landscaping except irrigation systems and shrubbery, ground cover, trees and other plantings located, installed, cared for, cultivated and maintained in accordance with the terms and provisions of this , Declaration and any applicable General Actions of the Association; k• b. Dwelling Units, outbuildings or shelters of any description; ` c. Fences, walls, hedges or other physical or visual barriers; d. Driveways, walkways, sidewalks, pathways or trails visible from any public street, road or sidewalk on or adjoining the Property; e. Outdoor recreational, sports or playground facilities or structures on any Lot which are visible from any public street, road or sidewalk on or adjoining the Property and/or from any other Lot or Dwelling Unit ; and s TURNBERRY SU DIVISION COVENANTS, CONDITIONS AND RESTRIC i IONS ` ~ Page 11 of 24 i r ~ m. „f. Generally all'and any other products or'results of construction efforts or activities conducted on or with respect to the Property and any portion thereof which are intended, or reasonably likely, to remain in place on a Lot for a period of time in .excess of one-year and which (i) ar'e, or result in, any significant alteration " of the landscape of a Lot, or (ii) affects or discernibly changes the appearance. of any building, Dwelling Unit or other thing physically constructed or installed on a Lot which is visible from any public street or sidewalk or from any other Lot or Lots or any Dwefling Unit(s) constructed on such other Lot or Lots. 4.2 Committee Approval Required. No improvement may be erected, placed, installed or altered on the Property, or on any Lot, until its exterior design and configuration; exposed elements and/or exterior surface materials (including siding, trim, masonry, fencing, roofing materials, any skylights, vents or similarfeatures); exterior paint or finish colors and color scheme, and its location and orientation on the Lot have been approved in writing by the Committee. 4.3 Procedure. Before applying for any building or other governmental permit which may be required for an improvement to be made and, in any event, before commencing any physical alteration on a Lot associated with. the construction, installation, removal or alteration of any improvements not requiring such permit(s), the affected Purchaser, a50wnei• or other party shall prepare and submit such materials and information pertaining to,the matters mentioned in section 4.2 immediately above as the Committee may ,reasonablyrequire orrequest accompanied by a written request for approval thereof and full payment'of any fee. or charge payable to the Committee in accordance with its published rules, regulations or guidelines. a. Within ten business days following its receipt of all such materials and payment of any such fee or charge, the Committee shall use$its best efforts to review the materials for conformity with the provisions of.this Declaration, applicable Bylaws or General Actions of the Association, applicable rules, regulations and guidelines of the Committee, and 'any applicable standards of quality of workmanship and/or materials established by the Declarant. The Committee shall assess the materials presented for harmony of exterior appearance and/or design with existing structures and improvements; for location, compatibility with topography, finished grade elevations and contours; for potential `unreasonable or undesirable obstruction of vjews or outlooks from other Lots, and for conformity with proper grading and drainage standards and policies. On conclusion of its efforts, the Committee shall render its written approval, decision or other response to the party who requested such review. b. In-the event the Committee fails to render its approval or some other response within twenty business days after all such materials have been delivered to it for review and any such fee or charge has been fully paid, the improvements therein described may be considered approved. 4.4 Committee'Created; Membership; Appointment and Removal. An Architectural Review & Control Committee (the "Committee" hereih) shall be created by recording of this Declaration and shall consist of as many persons as the Declarant may from time to time appoint. a. The Declarant may remove any member of the Committee at any time and may appoint new or additional members at any time and shall keep on file at its principle office a list of names and addresses of the members of the Committee. _ b. Unless its existence shall have been previously extended by resolution duly adopted by the Board of Directors of the Association, the Committee shall cease to exist one year after substantial completion of all Dwelling Units on Lots which may now and hereafter become subject of this Declaration. and the powers, discretion and duties of the Committee shall be exercised and performed`by the Board of Directors. t c. If the existence of the Committee is extended in accordance with the provisions of subsection 4.4 b., immediately above; the members thereof shall be appointed by, and serve at the. pleasure of, the Board of Directors of the Association; shall consist of persons who are Owners of Lots, and shall not include any directors, members, officers or employees of the Declarant or any member thereof or any corporation, partnership or other form of business or commercial enterprise affiliated with or owning an interest in the Declarant unless such person is also an Owner of a Lot. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRIC i IONS . Page 12 of 24 4.5 Liabili ' a. Neither the Declarant nor its members nor their agents. representatives nor employees; nor the Committee nor its members, nor the Association nor any director, officer or agent thereof, shall be liable to any Purchaser, Owner, resident, occupant, tenant, lessee or other person who may suffer or claim any foss, damage, cost, expense, (including,:but not limited to, attorneys' fees), liability oi- prejudice on account of, or attributable wholly or in part to, any act or failure to act on the part of the Declarant or any member, representative, agent or employee thereof, or the Committee or any member thereof, or the Soard of Directors or any member'or agent thereof having or exercising the powers, discretion and duties of the Committee, so long as such entities or persons acted or failed to act in good faith without actual cause to believe that their acts or omissions were grossly negligent or unlawful under all the facts and circumstances actually known and understood by them at the time such acts or omissions occurred. b. Under no circumstances whatsoever shall any action on the part. of the~Declarant, its members or their agents, representatives or employees: the Committee or its members, the Association, or any director, officer or agent thereof, be deemed,'construed or relied upon by any party or person interested in, or affected thereby, to constitute any review, analysis or approval of structural, geophysical, engineering or other technical, scientific or similar conditions or matters. c. Consent or approval on the part of the Declarant, its members or their agents, representatives or employees; the Committee or Its members, or the Association or any director, officer or agent thereof, shat( never, under any circumstances whatsoever, be construed as any form of representation, warranty or assurance on the;part of Declarant, the Committee, the Association or any such persons; respecting compliance with the requirements ortiprovisions of any legislative enactments, ordinances, rules or regulations adopted orsenforced by or on behalf of any governmental unit or agency and all such requirements and provisions shall be complied with by all. Purchasers, Owners, residents and occupants of the Property regardless of any such consent or approval: __ 4.6 ~ ~ Actions of the Committee. Actions on the part of the Committee shall be effected by vote or consent -~i a majority of its members without the Necessity of a meeting provided all the members thereof shall have been afforded a reasonable opportunity and are available for purposes of participating in the action. The Committee shall render its decisions in writing setting forth the decisions made and/or the action(s) taken which identifies by name the members who supported such- decisions or action. - .. 4.7 Committee Discretion..The Committee may, at its sole discretion, withhold or condition consent fo or approval of any proposed improvement if a majority of the members of the Committee reasonably determines that the proposed improvement or any element(s) thereof would be inconsistent with the provisions ~' or `the intent -and purposes of this Declaration; or inappropriate for the particular Lot(s) involved, or incompatible with `any rules, regulations, policies, standards or design guidelines from time-to-time adopted by the Committee. Consideration of siting, location,. shape, size, color, design, height, solar ..access, impairment of the view from other Lots, general-appearance4and compatibility with neighboring Improvements, effect on uses and enjoyment of other Lots, disturbance of existing terrain and vegetation, and any other factors which the Committee reasonably believes to be relevant, may, but shall- not be required to be taken into account by the Committee in determining whether or not to approve or consent to, or condition its approval of or consent to, any_ proposed improvement. 4.8 Noh-waiver. Unless the Committee shall, in the exercise of its discretion, otherwise specifically agrees or determines,°consent or approval on the part of the Committee with respect to any.matter proposed to it or within its jurisdiction shall never, under any circumstances whatsoever, be deemed to constitute a precedent or waiver impairing its right to withhold, modify, condition or qualify approval as to the same or any similar matter thereafter proposed or submitted to it for consent or approval. 4.9 Effective Period of Approval or Consent. Unless a lesser period is prescribed by the Committee in a particular case, Committee. consent to, or approval of, any proposed improvement shall expire twelve months after such consent or appros al is issued in writing as aforesaid unless: (1) construction of the work in compliance with such approval or consent has in fact been commenced prior to expiration of such period and TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRI% i IONS Page 13 of 24 t ~_ .~ _ . . , t completed in its entirety within ninety days,following expiration of such period, or (II) the affected Purchaser or Owner. has applied for. and received an extension of such consent or approval from the Committee evidenced in writirig. 4:10 Applicability to Declarant. The provisions of this Article IV shall not apply to any improvements constructed by or for the. benefit of Declarant on the Property. ARTICLE V. TURNBERRY SUBDIVISION HOMEOWNERS ASSOCIATION, INC. t 5.1 Organization of Turnberry Subdivision Homeowners Association. Prior to execution and recording of this Declaration, Declarant has caused the organization and creation of anon-profit corporation called Turnberry Subdivision Homeowners Association, Inc., (the "Association" herein). The affairs of the Association shall be managed l5y a Board of Directors in accordance with the provisions of this Declaration, and the Articles of Incorporation and Bylaws of the Association: 5.2 Successor Association. In the event the Association is at any time dissolved, whether inadvertently or deliberately, it shall automatically be succeeded by an unincorporated association called Turnberry Subdivision Homeowners Association (also the "Association"). 'All of the property, powers and obligations of the incorporated Association existing immediately prior to its dissolution shall thereupon automatically vest in the. successor unincorporated association. Such vesting shall thereafter be confirmed and evidenced by appropriate conveyances and assignments by the incorporated Association. To the greatest extent'possible, any successor unincorporated association shall be governed by the Articles of Incorporation and Bylaws of the Association (as the same may be amended from time to time) as if they had been drafted to constitute the governing documents of the unincorporated association. 5.3 Powers, Duties and Obligations of Association Generally. The Association shall be responsible, and have the powers and duties necessary, for management and administration of the affairs of the Association generally, including, without limitation, all affairs, matters, issues affecting the Property as a whole and all matters relating to,all Common Property. -_ ~~~.4 Specific Powers, Duties and Obligations. Without limiting the generality of the provisions of section 5.3 immediately above, the Association shall have, exercise and perform all of the following powers, duties and obligations: a. The powers, duties and obligations granted to the Association by this Declaration, its Articles of `Incorporation and its Bylaws as the same are now constituted or hereafter amended, modifred or restated. b. The powers and obligations of a .non-profit corporation pursuant to the general non-profit corporation laws of Idaho. ~ _ .. c. ~~ The power and obligatio to care for, maintain, construct, reconstruct and otherwise manage and control all Common Property at the expense and for the use and benefit of the Association and its members. d. Any and all additional o differentpowers, duties and obligations necessary or desirable for the purposes of carrying out the function`s of the~Association pursuant to this Declaration and otherwise promoting the general welfare and interests oftthe Owners. e. The Declarant and the Association may at any time contract with or employ any private party, ' public orquasi-public entity;~or person to manage the affairs or undertake certain tasks, responsibilities and duties of the Association and may pay a `reasonable fee or charge. 5.5 Membership. Upon and after,closing of the sale of the first Lot to a Purchaser, the Owner(s) of each -- and every Lot then or thereafter made subject of this Declaration shall, during the entire period of such Owner's ownership of any Lot(s), beta member of the Association. Such membership shall commence, exist and continue simply by virtue of such ownership; shall expire automatically upon termination of such ownership, and need not be confirmed or evidenced by any certificate or acceptance of membership. When more than one person or entity holds an interest as Owner in any Lot, all such persons shall be members of the Association. TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 14 of 24 , ~. 5.6 Transfer of Membership. Membership in the Association shall be an incident of ownership of any Lot now or hereafter made subject of this Declaration, and any assignment, transfer, pledge, hypothecation, conveyance or alienation of such membership made or attempted in any way except by way of transfer of title to said Lot"(and then only to the transferee of title to such Lot); shall be utterly null and void. Delivery or recording of any instrument effective to transfer beneficial title to a Lot under the laws of Idaho shall operate automatically to transfer the membership in the Association incident to ownership thereof to the transferee. 5.7 Voting o -a. The Association shall have two classes of voting membership: CLASS A. Class A members shall be ail Owners; with the exception of the Declarant, and shall be entitled to°one (1) vote for each Lot owned, including any Lot(s) which is annexed as described in'this `Declaration.. When -more than one (1 }person holds an interest in any Lot, all such persons shall be members and the vote for such Lot shall be exercised as they determine, but in no event shall more than one ('I) vote be cast with respect to any, Lot. ' ' CLASS B. The Class B member(s) shall be the Declarant (as defined in the Declaration), and shall be entitled to three (3) votes for each. Lot owned, including any Lot(s) which may be annexed to the Property subject of this"Declaration in accordance with Article II. Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (I) When. the total~number of votes which may be cast by the Class A°membership equals the total number of votes which .may be cast by the Class B membership; or ~. (ii) On April 30, 2005. , ' b. No lessee, tenant, resident or other occupant of any Dwelling Unit or Lot who is not an Owner` shall have any voting rights in the Association. ~, 5.8 Board of Directors. At and following Turnover, the Board of Directors of the Association shall be ,omprised• of no less than three directors: Directors shall be elected by vote of the members of the Association in accordance. with the terms and provisions of the Bylaws of the Association and in the event of a vacancy occurring on the Board, the position of such director(s) shall be filled in accordance with the terms , and provisions of said Bylaws. ~ ? ' 5.9 ' Liabili .Neither the Declarant, its members nor any directors, officers, representatives nor agents thereof; nor the Association, any person serving as an officer of the Association; any person serving as a • director of the Association, nor any person serving as a member, or exercising the rights, powers or authority of a member, of the Committee, shall be liable to any Purchaser, Owner, resident or occupant of the Property for any damage, loss, expense or prejudice suffered or claimed on account of any action or omission by or on the part of the Declarant, the Association, any such officer(s), any such director(s), or such Committee member(s), provided only that such' action or omission was undertaken in good faith and in accordance with actual knowledge possessed by the entity or person. 5.10• Interim Board. Concurrently with, or immediately, following, filing of the Articles of Incorporation of the Association, Declarant shall appoint an interim Board of Directors of the Association consisting of three (3) directors. The members of the interim Board of Directors of the Association shalt serve until replaced by ,. Declarant or until their successors .have been elected by the Owners at or after Turnover as described in Subsection 5.11 immediately below: 5.11 "Tumover". ' ' a. Not later than one hundred twenty days after the date upon which the Class B membership ceases as described above in Section 5.7, but in no event sooner than 12=months following the date this ,.Declaration is recorded, Declarant shall turn over administrative responsibility~of the Property then subject to this Declaration and control of the affairs of the Association to the Owners. • b. Turnover shall be initiated by mailing to the street address of each Lot then subject of this TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 15 of 24 w } tr Declaration a written notice of Decl~ rant's~intent~to do so effective as of a date not less than forty-five days foAowing the date of such notice. ~ , c. Turnover shall be deemed for all purposes effective on the date specified in such notice whether or not the members of the Association at-that time shall have elected a Board of Directors and such Board of Directors shall have acknowledged in writing delivered to Declarant, assumption of the powers, authority and-obligations vested in the Board and the Association by virtue of this Declaration and the Articles of Incorporation and Bylaws of the Association. d. If Declarant fails to provide notice of intent to turn over administrative responsibility for the Property and control of the Association prior to expiration of the period above-described,-any Owner may give the notice. as required by this section. e. On the effective date of any notice of the nature described in subparagraphs b. or d. of this section 5.11, all members of the Interim Board of Directors shall be deemed for all purposes to have resigned their positions as such and their successors shall be elected by the membership of the Association as provided in its Bylaws. At Turnover, Declarant shall deliver to the Association those items in Declarant's possession relating to ownership of Common Property and administration of the Association.as set forth in the Bylaws. Turnover shall take place notwithstanding the presence or absence of a Rquorum of members the Association at any meeting or.eassembly of Owners convened for purposes of assuming control of the Association or any lack or participation by such members in any other process or procedure initiated or conducted by any Owner(s) or the Declarant for such purposes. ° ~ ~ f. If and when Declarant has complied with the foregoing requirements of this section 5.11, unless Declarant otherwise has sufficient'voting rights as an Owner to control the Association, Declarant shall be relieved of any further responsibility for the administration of the Association except as Owner of one or more Lots. - g. Failure, neglect or refusal of the Association, its Board of Directors, any Committee or members - =_-~f the Association, including, without limitation, the Declarant, to administer the affairs of the Association; or to exercise its powers, rights or prerogatives; or, to otherwise perform the duties and obligations of the Association, or to see to, or cause their. performance in accordance with this Declaration, its Articles of Incorporation or Bylaws shall in no way'affect or diminish the effectiveness of the terms and provisions of this Declaration, such Articles or said Bylaws or their binding effect on the Owners and Lots now or hereafter subject thereof, ~~ 5.12 Rules and Regulations. a. The Board of Directors on behalf of the Association may, from time to time, adopt, modify, or revoke such rules andaregulations governing the conduct of persons and-use of Lots and Common Property as it may deem necessary or appropriate in order to assure the peaceful and- orderly use and enjoyment of the Property and/or conformity of `such use with the terms and provisions of this Declaration, any -other declarationsannexing additional lands to the Property as above-stated; any General Actions of the Association, and applicable law. Y b. A copy of all rules and regulations adopted on behalf of the' Association .and a copy of each amendment, modification or revocation thereof, shall, upon adoption, be promptly mailed or otherwise delivered by or on behalf of the Board of Directors to each Owner at his, her,or its address appearing in the records. of the Association. c. All such rules and regulations;" and any such°amendments or modifications thereof, shall be binding upon each Owner and occupants of all Lots to which they pertain on the date a copy of the same is mailed or otherwise delivered as herein stated. Adoption of rules and regulations on behalf of the Association shall be effected in accordance with the Bylaws of the Association. „~ - j < TUFtNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 16 of 24 a ~: I ARTICLE VI. ASSESSMENTS AND LIENS OF ASSESSMENTS 6.1 Assessment of Owners and Lots. a. Subject to the provisions of subparagraphs 6.4(a) and 6.4(b) below, all Owners, other than Declarant, shall. be obliged to contribute to the payment byror on behalf of the Association of all expenses and costs incurred or which are required to be incurred by the Association which are reasonably necessary in order for the Association: (i) to perform effectively, or cause to be performed effectively the functions and obligations on its pan` to be performed under this Declaration, (ii) to care for, maintain, repair, .construct, reconstruct and preserve all Common Property; (iii) to otherwise protect and preserve the Property and Common Property in keeping with the purposes of this Declaration set forth in the Recitals set forth above, and (iv) to enforce and otherwise promote or encourage compliance with the terms and- provisions of this Declaration, its Articles'of Incorporation, its Bylaws and ail rules and regulations duly adopted consistent with the provisions of each and all of said instruments, all as reasonably fixed, determined and budgeted in accordance with this Declaration and said Bylaws. For purposes of this Article VI, all`expenses and costs of the nature described in this subparagraph are called "Association Expenses". b. The mechanism,. and method for recovery of all such contributions and amounts shalt be assessment thereof to the Owner(s) and upon the Lot(s) responsible for payment thereof. 6.2 Assessment of Declarant. Prior to Tumover, Declarant shall have no obligation for payment of any amounts assessed against and payable by ari Owner pursuant to the provisions of this Article VI. However, following Turnover, Declarant shall be assessed as the Owner of any Lot which it then owns, but such assessment shall be prorated to th ~ date of sale of such Lot. 6.3 Payment and Collection of Assessments. a. When a Lot is transferred to a Purchaser, and each time a Lot is transferred to a new Owner(s), the transferee shall pay to the Association (through escrow whenever applicable) a "Transfer Assessment" in an amount equal to one-fourth (25%) of the total annual General Assessment (as determined in accordance with subparagraph a., of section 6.4, immediately below), payable with respect to such L' of during or for the Association fiscal year during which'such transfer shall occur: The Transfer Assessment constitutes an initial contribution to the working capital of the Association on the part of such Purchaser(s) or new Owner(s) and shall be used by the Association only to pay Association Expenses. Transfer Assessments on a Lot are payable in addition to the amount of the General Assessment otherwise payable with respect to such .Lot during and for any fiscal year. ,. b. Assessments may not be waived or'abated due, to lack of or limited access to, or unavailability for use. of, any Common Property. The Association shall take prompt action to collect from any Owner(s) any assessments which remain unpaidAby such Owner(s) for more than forty-five days from the date payment ,, thereof becomes due. All. and any costs and, expenses reasonably incurred by the Association for purposes of collection of unpaid assessments shall be recoverable by the Association from the party or parties responsible for payment thereof all by way of Individual. Lot Assessment as provided for at subsection 6.4.b below and, where applicable, section 7.5 of this Declaration. a ~6.4 y Basis for Assessments. a. The total amount of all budgeted Association Expenses, including, without limitation, amounts to be contributed toward separately budgeted funds and reserves established for-the common benefit of all , members of the Association in accordance with General Actions of the Association or in accordance with the Bylaws during or for each fiscal year of the Association, less the amount of any `common profits, Transfer Assessments and surpluses of the Association, if any, available for payment of Association` Expenses, shall be divided by the total number of Lots subject of this Declaration on the last day of the prior fiscal year and the result obtained shall constitute th`e amount of-the "General Assessment" payable with respect to each Lot subject of this Declaration during and for such fiscal year. Prior to Turnover, the amount of General Assessments which would, but for the provisions of section 6.2 above, be payable by the Declarant, shall be allocated among and assessed against all Lots not owned by the Declarant as of the last day of the next prior TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRIC i IONS Page 17 of 24 ~. :.. , fiscal year of the Association in such manner and amounts as the Declarant shall determine in-the exercise of its sole discretion. a , b. Notwithstanding the other provisions of this Article VI, the Association may assess any individual ` Lot or Lot(s) an "Individual Lot Assessment" to recover all or any portion of any costs, expenses, losses, damages or other charges incurred. or suffered.by the Association, or by the Owner(s) of any other Lot or Lots, attributable to the negligence or misconduct of the-0wner of such Lot, any resident thereof, or the family members or invitees of any suchYOwne~ or resident, and for the recovery of any- unpaid fines, fees, assessments or charges payable by the Owner(s) thereof to or for the benefit of the Association by reason of the terms and provisions of this Declaration, the Bylaws of the Association and/or any rules and regulations adopted in accordance- therewith or~pursuant thereto, 6.5 Notice of Assessments. The Association shall, not.less than annually, provide written notice to the Owner(s) of each Lot setting forth the amount of the General Assessment and .any Individual Lot Assessment(s) payable with respect to such Lot calculated and/or assessed~in accordance with section 6.4 of this Declaration. Payment of such assessments shall be due and payable on or before a date or dates, or in installments, asset forth in the notice which shall. be not less than thirty. days after the date the notice is mailed or at such later time or times as the Association may specify in the notice in accordance with this Declaration or the Bylaws. The Association or its managing agents shall promptly provide any Owner who makes a request in writing with a,written statement setting forth the amount and nature of any and all assessments levied and unpaid with respect to any Lot(s) owned by such Owner. However, neither the Association nor its managing agents shall be obliged to provide any such written statement more frequently than once every sixty days. t} 6.6 Creation of Lien and Personal Obligation of Assessments. Whether or not stated or otherwise expressed any instrument conveying ownership of any Lot, by acquiring ownership of such Lot, each Owner shall be deemed for all purposes whatsoever to have unconditionally promised, covenanted and agreed to pay to the Association. all assessments or other charges as may be fixed, established and collected from time - ~~ time in the manner provided in this Declaration- or the Bylaws of the Association. Such assessments, charges, and other costs together with any interest, expense or attorneys' fees imposed pursuant to Article VII of this Declaration shall be a charge on the land and Lot so acquired and constitute a continuing lien upon such Lot until fully paid and satisfiedr In addition, all'such assessments, charges and other costs shall be the personal obligation of the Owher(s) of such Lot at the time the assessment or charge became due~and payable. Such liens and personal obligations shall be enforced in the manner set forth in said Article VII. ARTICLE VII. REMEDIES 7.1 Non-conforming Improvements: Violation of General Protective Covenants. In the event any Owner, or other person(s) for whose actions or omissions such Owner is responsible hereunder, shall violate or suffer violation of any provision of this Declaration; the Bylaws of the Association; any~rules or regulations adopted on behalf of the Association, or any standards; actions or decisions of the Committee herein provided for, then the Association shall have each and all the following rights, remedies and prerogatives, which shall be cumulative: ;~ _ - a. To notify the Owner in writing that the violations exist; that such Owner is responsible for them, and that unless such violation(s) are corrected or abated within such time following the date of such notice as is stated therein, ttie Associatiori'may take any action with respect to the correction or abatement thereof as may be provided for in this Declaration or otherwise under the Bylaws and/or such rules or regulations; ... ~ b. To suspend such Owner's voting rights and rights of use or the benefits of Common Property for the period that the violations remain unabated, not to exceed sixty (60) days, for any infraction of its rules-and regulations; c. To impose reasonable fnes upon such Owner, in a manner and amount the Board of Directors of the Association-shall deem appropriate in relation to the violation and to make any such fines the subject of an Individual Lot Assessment. 7URNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRIC i-IONS Page 18 of 24 1 ° d. Provided notice of the"nature described in subparagraph a., of this subsection shall have be given as therein stated and the Owner(s) of any offending Lot shall be afforded reasonable advance notice of the time such entry will take place, the Association may enter any offending Lot (which entry shall not subject the Association, the directors or officers of the'Association or the Committee, or any agent or representative thereof to liability for trespass, conversion or any other claim for damages) and remove. the cause of such violation, or alter, repair or replace any non-conforming Improvement in such a manner as to make it conform the requirements or standards which pertain thereto. In any-such case, the Association may assess the Owner of the offending Lot for the entire cost of the work done, which amount, if not. paid by such Owner, shall be made subject of a an Individual`Lot Assessment levied with respect to such Lot. Provided, however, nothing contained in this Declaration shall be construed to permit entry of any regularly occupied Dwelling Unit located on the Property without (i) the express consent or ratification on the part of the Owner of the Lot upon which such Dwelling Unit is situated~or, in the alternative, (ii) the informed consent of an adult person regularly residing in such Dwelling Unit at th~ time such entry is effected. e. ,Resort to a court of competent jurisdiction in those instances where injunctive relief may be appropriate and/or avail itself of any.. other or further remedies available at law or in equity. Provided, however, nothing in this section 7.1 shall be construed to afford to the Association or any person or persons acting, or purporting to act on behalf of the Association, any right to deprive any Owner of use of, and access to and from, such Owner's Lot. c ' " 7.2 Failure to Pay Assessments; Lien; Enforcement of Lien. If any assessment or other sum charged, levied or'payable pursuant to this~Declaration is not paid within thirty days after it becomes due, such assessment or charge shall become delinquent and shalt bear interest from the due date until paid at the rate of twelve percent (12%) per annum. In addition, the Association may exercise any or all of the following remedies simultaneously or consecutively: " ~a. The Association may suspend such Owner's voting rights and right of use or the benefifs of _~-Common Property until such assessments and/or other amounts payable under this Declaration or the Bylaws nor the Association, are paid in full and declare all remaining periodic installments of any annual assessments or any other amounts owed by such Owner to the Association immediately due and payable. In no event, however, shall the Association deprave any Owner of access to and from such Owner's Lot from any public street or sidewalk abutting such Lot. b. Enforce the lien arising under section 6.6 above for any assessments, including, without limitation, any Individual Lot Assessment(s) levied-against such Lot under this Declaration or the Bylaws against the Owner of -the Lot anytime after the date on which the assessment becomes due and payable to the Association. If any assessment or other amount due or to become due under this Declaration:orthe Bylaws is payable in installments, the full amount of such assessment or otheramount is a lien from the date the first installment payment on account thereof becomes due. .c. In any suit to foreclose any lien arising under this Declaration, in addition to the sums secured by such lien, the Association may seek and recover from the Owner(s) of the Lot(s) subject of such lien reasonable rental for the use of such Lot(s) during the pendency of the suit and shall be entitled to the appointment of a receiver to collect such rental. The Association shall have the power to purchase any such Lot(s) at the foreclosure sale and to thereby acquire all right, title and interest of the Owner(s) thereof and to _ hold, lease,"mortgage, vote the votes appurtenant to, convey, and otherwise deal with such Lot(s)~and all improvements thereon as Common, Property of the Association. d: Liens for assessments;or charges provided for in this Declaration shall be subordinate to liens for taxes and assessments payable to any governmental entity and to the lien of any mortgage or deed of trust on the subject Lot made in good faith-and for value recorded prior to the recordation of the notice of any lien(s) provided for in this Declaration. ~ . e. Sale or transfer of any Lot shall not affect any lien arising under this Declaration. Provided, however, where any person or entity obtains title to a Lot directly as, a result of foreclosure of a mortgage, TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 19 of 24 _ f _ deed of trust or land sale contract having priority over the lien arising under this Declaration as a matter. of law, or by deed in lieu of foreclosure of,any such mortgage, deed of trust of land sale contract, the lien of the Association for payment of any assessments. or charges which became due and payable prior to the acquisition. of title by such person or entity shall be discharged and of no further effect. Provided, however, in the case of a conveyance in lieu of foreclosure, the lien of the Association shall be discharged as aforesaid only if (I) written notice has been delivered to the~Association, addressed to the person or party authorized to accept service of process on behalf of the~Association, informing the Association of the mortgagee's intent to accept a conveyance in lieu of for"eclosure-and stating that the lien of the Association may be extinguished in the circumstances specified in this paragraph, and (ii) any such conveyance in lieu of foreclosure is made of record no less than thirty (30) days after the date said notice is delivered to the Association. No such, foreclosure sale or conveyance in lieu of foreclosure however' effected shall discharge the Lot for liability for any assessments or charges thereafter becoming due or from the lien of such subsequent assessments or charges. f. The Association may being an action;to recover a money judgment for unpaid assessments, fines and charges under this Declaration or the Bylaws without foreclosing or waiving the lien described Subsection 6.6. Recovery on any such action,'~however, shall operate to satisfy the lien, or the portion thereof, for which recovery is made. } _ g. The Association shall Have any other remedies available to it at law or in equity for recovery of any assessments, charges or other sums due or recoverable by it pursuant-to the provisions of this Declaration or the Bylaws. 7.3 Other Remedies. Nothing contained in this Article Vli or elsewhere in this Declaration, save and except limitations on liability expressly.. stated, shall be deemed or construed to limit, impair or prohibit any Owner from seeking any remedy which such Owner may have or acquire by virtue of violation of any or the terms or provisions hereof on the part of any other Owner, resident, occupant or other person or party who may commit an actionable wrong with respect to such Owner including, without limitation, the right to enjoin olation, or to compel performance or enforcement, of any terms or provisions herein contained and the right to recover on any claim or-cause or action or suit arising in favor of such Owner by virtue of the express terms of this Declaration. ~~ 7.4 Notification of Lien Holders The Association may, and if requested in writing by the Owner to do so, shall, notify the holder of, or beneficiary named in, any mortgage, trust deed or vendor's interest under any land sale contract covering any individual Lot of any default in performance of the terms of this Declaration by the Owner thereof which is not cured within sixty-days. However, failure, neglect or refusal on the part of the Association to provide any such` notice shall not result in liability of any kind on the part of the Association to any party or parties requesting any such notification, such Owner, or any other person or party who may otherwise be injured or damaged by reason of such failure, neglect or refusal on the part of the Association. f 7.5 Attorneys' Fees and Costs. If any action, suit or other judicial or quasi judicial proceeding is initiated by any person or party interested in or subject to the terms and provisions of this Declaration for the purposes of recovery or relief on or~under any claim, cause or action or suit or remedy provided for or`described hereunder, or otherwise for the purposes of enforcement or interpretation of any such terms or provisions, the substantially prevailing party or parties in such action, suit or other proceeding shall be entitled to recover in addition to all other relief afforded such party or parties, from the other party or parties in such action, suit or ,other proceedings, such prevailing party's or parties' reasonable attorneys' fees, charges and expenses; statutory costs, and the reasonable costs of necessary discovery and fees of expert witnesses or consultants engaged by such party or parties iri connection with the prosecution or defense of such proceedings as fixed by the court(s) or tribunals} by which such action, suit or other proceedings, including appellate proceedings, shall be tried, heard and finally de ided. ARTICLE VIII. PROPERTY RIGHTS 8.1 Members' Easements of Enjoyment to Common Area. Every Member of the Association shat( have a right and easement of enjoyment in-and to the Common Area and such easement shall be appurtenant to TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRI%i'IONS Page 20 of 24 F and shall pass with the title to every assessed Lot;'subject to the following provisions: a. The right of the Association to suspend any Member's voting rights and/or right to use any of the recreational facilities owned by the Association, for any"period during which any assessment against said Member's Lot remains unpaid;- and for a period riot to exceed sixty (60) days for each infraction of its published"rules and regulations. ~ ` b. The right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be authorized by General Actions of the Association. No such dedication or transfer shall be effective unless an instrument evidencing such General Actions of the Association has been recorded in the appropriate county deed records and unless: written notice of proposed actions shall have been delivered to every Owner entitled to vote in respect of such General Actions of the Association not less than thirty (30) days nor more than (90) days prior to such dedication or transfer: and c. The right of the Directors of the Association to promulgate reasonable rules and regulations governing such rights of use, from time to time, in the interest of securing maximum safe usage of such Common Areas by the Members of the Association without unduly infringing upon the privacy or enjoyment of the Owner or'occupant of any part of said Property, and reasonable regulations and restriction's regarding parking. : ~ 8.2 Reciprocal Easemenst. Each and every Owner purchasing a Lot within the subdivision is purchasing it with the full understanding that each Lot is subject to certain reciprocal easements which are appurtenant thereto. Each Owner. by purchase of a Lot within the subdivision agrees that they shall be subject to the foNowing reciprocal easements: ~>. a. An easement for drainage is hereby declared to exist omeach Lot for the benefit of the adjoining Lot(s); provided,-that the Owner~nstalling any drainage pipe,. conduit,. or other facility shall pay for any and all such improvements and cause the Property upon which the improvements are located to be restored to their original state at the sole cost of the Owner employing the-use of this reciprocal easement. b. All Lots within the subject Property including, but not limited to the' Lots in the Common Area, shall be subject to a general utility and sanitary sewer easement, which shall include, but not be limited to, access for ingress and egress for maintenance or repair by the utility provider. c. All Lots shall be subject to a permanent public utility, irrigation, drainage and access. easement , which shall be for ingress and egress for installation, maintenance and repair by or for the. benefit of the Association and/or any public utility, irrigation district, drainage district, or any other utility providing utilities and/or having an easement in, to and/or through such Lots subdivision, except within the area enclosed by the foundation structure of ariy Dwelling Unit or other permitted building oc structure located on such Lots. ARTICLE IX. MISCELLANEOUS COVENANTS 9.1 Invalidity; Gender, Captions. The invalidity or lack of enforceability of any terms or provisions of this Declaration shall not impair or affect in any manner the validity, enforceability, or effect of the remaining terms and provisions of this Declaration and the same shall be construed and enforced in such a manner as to ~~ effect the evident intent`and purpose of this'instrument. As used herein, the singular shall include the plural and the plural the singular. The masculine, the feminine and neuter shall each include the other as the context requires. All captions used herein are intended solely for convenience of reference and shall in noway define. limit or impair the effectiveness of each and all of terms and provisions~of this Declaration. 9.2 Amendment. a. This Declaration, and any individual terms or provisions hereof from time to time in effect with respect to all or any part of the Property, may. be amended or repealed by Declarant alone at any. time until Turnover or, after Turnover, byjvote or written consent of not less than seventy-fve percent (75%) of all Owners.. Provided, however, (i) no such amendment or repeal affecting the rights and obligations of the Declarant hereunder may be effected without the express written consent of the Declarant and (ii)~ no such TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRIC ~ fONS Page 21 of 24 ~_ I ,. amendment or repeat affecting the rights or obligations of less than ail Owners affected by this Declaration may be effected without the express written_consent of at least two thirds of the Owners to be affected thereby. b. Any action effecting any such amendment or repeal shall become effective only upon recordation in the deed records of Ada County, Idaho; of a certificate of Declarant prior to Turnover, and thereafter by a certificate of the president or secretary of the Association, setting forth in full the amendment, amendments or repeat so approved and certifying that said amendment, amendments or repeat have been approved in the manner required by this Declaration. 49.3' Regulatory Amendments. Notwithstanding the provisions of section 9.2 immediately above, until the conveyance of the last Lot owned by Declarant to a third party, Declarant shall have the unqualified right to amend this Declaration in order to comply with the requirements- relating to the development ofsingle-family residential improvements within the Property contained or required by the provisions of applicable statutes, ordinances, regulations or guidelines of the Federal .Housing Administration, the Veterans Administration, the Farmers Home Administration. of the United States, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, any department, bureau, board, commission or agency of t(ie United States, the State of Idaho, Ada County, or of any corporation or other entity wholly~owned, directly or indirectly, by the United States, the State of Idaho, or Ada County which insures, guarantees or provides financing for single-family. residential developments or lots in single-family residential developments. , 9.4 ~ Duration. This Declaration shall ruh with the (ands subject hereof and shall be and remain in foil force and effect at all times with respect to all property included within the Property and the Owners thereof until terminated. Following Tumover,~this Declaration may be terminated only upon approval by the vote or written consent of the Owners of ninety' percent of the number of Lots then subject of this Declaration. Any such termination shall become effective only if a certificate executed by president and secretary of the Association,. certifying that termination shall become, or became, effective as of a date certain and that such termination was effected by consent or vote of the Owners of all property then subject of this Declaration in the manner herein prescribed, shall be duly acknowledged and recorded in the deed records of Ada County, Idaho. 9.5 Joint~Owners. In any case in whlchawo or more persons share the ownership of any Lot, regardless of the form of ownership, the responsibility and liability of such persons under this Declaration shall be joint and several and the act or consent of any one or more of such persons shall constitute the act or consent of the entire ownership interest. In the event any joint Owners shall disagree among themselves as to the manner in which any vote or right of consent held by them -shall be exercised with- respect to any pending Amatter, any such Owner may deliver written notice of such disagreement to the Board of Directors of the Association and the vote or right of consent involved shall then be disregarded completely in determining the proportion of votes or consents given or withheld with respect to such matter. Whenever, for purposes of this Declaration, the consent, vote or approval of a certain number, percentage or fraction of Owners is specified, ' all Owners of a single lot shall be considered as one Owner. 9.6 Lessees and Other Invitees. Lessees, invitees, contractors, family members and other persons entering the Property under rights derived from an Owner shall comply with all of the provisions of this Declaration restricting or regulating the Owner's use, improvements to or enjoyment of such Owner's Lot and other areas within the Property. All Owner(s) shall be responsible for obtaining such compliance and shall be liable for any failure of compliance by such persons in the same manner and to the same extent as if the failure had been committed byfsuch Owner. 9.7 Nonwaiver. Failure by~Declarant, the Association, the Committee, or any Owner to enforce any term, provision, covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right tc do so thereafter. 9.8 Notice of Safe. IVlortg ~ e, Rental, or Lease. Immediate! upon the sale, mort age, rental. or lease Y 9 of any Lot,.., the Owner thereof shall promptly inform the secretary or the Association, or its managing agent(s), if any,- of the name and address of the vendee, mortgagee, lessee, or tenant: TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Page 22 of 24 9.9 ~ Notices and Other Documents. All notices and other communications under this Declaration shall be in writing and shall be deemed to,tiave been given on the date of delivery when delivered by personal service, or three (3) business days after the date the same are deposited in the United States mail, first class postage prepaid, addressed to the person(s) or party to whom such notice is directed at its address determined as provided section 9.10 below. 9.10 Addresses. AU notices.and other communications under this or her Declaration shall be given to the persons and parties affected by this Declaration at the following addresses: a. If to an Owner,• then to the last mailing address for such Owner shown in the Association's records; b. If to the Declarant, ttien to: BENCHMARK LAND COMPANY -MERIDIAN (QUENZER), L.L.C.. c/o Pacific Santa Fe Corporation 17700 SW Upper Boones Ferry Rd, Suite 100 Portland, OR 97224-7010 9.11 Change of Address. Any person or party affected by this Declaration or who has or. claims an interest in-the Property or any portion thereof may change the address to which notices shall be directed to such person or party by giving thirty (30) days'.wlitten notice of such change of address delivered as provided herein. A tN WITNESS WHEREOF; the D~clarant has executed this Declaration on this ~ day of ~ ~ , 1998. -: BENCHMARK LAND COMPANY -MERIDIAN (QUENZER), L.L.C., an Oregon limited liability company z ~- Greg A. ~msxFeet, Member ,, By.Pacific Santa Fe Corporation, Member , 0 Mark .Rockwell, its President ACKNOWLEDGMENTS STATE OF~OREGON, County of Washington} ss. , On this ~_ day of , 1998, before me, the undersigned, a notary public in and for said state, personally appeared Greg A., Hemstreet, known or identified to me to be a member of BENCHMARK LAND COMPANY -MERIDIAN (QUENZER), L.L.C., whose name issubscribed~to the above and foregoing instrument and acknowledged to me that'he executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I'have hereunto set my hand and affixed my official seal the day and year first above written... p~y,~, Notary Public for OREGO ~,~ }= Residing at ~ O.r~~ i DJ (~M~r1liYQ.p47183 My Commission Expires: ion a~/~~ MY COMMlSSlaN D(PIRES OCT~ER 24199 ! TURNBERRY SUBDIVISION COVENANTS. CONDITIONS AND RESTRICTIONS Page 23 of 24 p K STATE OF OREG©N, County of;Washington} ss. On this ~'! day of wr.c_._ , 1998, before me, the' undersigned, a notary public in and for said state, personally appeare Mark P. Rockwell, President of Pacific Santa Fe Corporation, known or identified. to me to be a member of BENCHMARK LAND COMPANY -MERIDIAN. (QUENZER), L.L.C., -whose name is subscribed to the above`'and foregoing instrument and acknowledged to me that he executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. . i/. G~.~/ o~ICIAI, sEA~ ~ ELAINE D MARTIN Notary Public for EGO ~' NOTARY PUBLIC-0RE60N ' Residing at ~.~t- ~i as O COMMISSION NQ, 047183 t MY COMMISSION EXPIRES OCTOBER 24 1999 My Commission Expires: o y ,. 4. ..~ h t N TURNElERRY SUEIDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS ` ~ Page 24 of 24 ~~~ ~„ ... Legal ®escription for Turnf;erry Subdivision No. 4 A parcel of land being a prtion of the'NE %4 of the SE %4 of Section 4, Township 3 North, J ." Range 1 West of the Boise Meridian, °Ada~ County; Idaho being more particularly , described as follows: i ... , Sixty-one (61)' buildable lots designated as Lot 2;Block 1; Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, ! , 11, 12 and 13; Block 3; Lot 1, Block 4; Lots 1, 2, 3, 4, 6, 7,.8, 9, 10, 12, 13,,14, 15, 16, a 17, 18 and 19, Block 5; Lots 1, 3, 4, 5, 6, 7, 8, ~10, 11, 12 and 13, .Block 6; Lots 1, 2, 3, 4, 5, 6 and 7, Block 7; Lots 1, 2, 3, 4, 5, 6, 7 and 8, 81ock 8 and Lots 1, 2, 3, and 4, Block 9, TURNBERRY SUBDIVISION NO. 1, Ada County, Idaho. . - Seven (7) non-buildable lots designated as Lot 1 FBlock 1; Lot 1 Block 2; Lot 1 Block 3; 7 .Lots 5 and 11 Block 5; Lots 2 and 9 Block 6,_TURNBERRY SUBDIVISION NO. 1, Ada County, Idaho. ~ ,~ ~ _ -.. n 4 ~. ~ i ~ ~ ~t x ~ • r ~ .: c < a. ? r .. +~ .. t fi' 1 ~. ~ e L .~. ~ ~ ~Y i r ~ Y ii k f Y e .. ~~. ~ .., ~ t a 9 3 ~' 1 s i , 1 _. _ TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS Exhibit A t Legal Description of Property Encumbered , Page 9 of 7 s. .. ~ f __ _. -s i ,~ a MERIDIAN CITY COUNCIL MEETING: JUNE 16 1998 APPLICANT: TURNBERRY SUBDMSION ITEM NUMBER: 6 REQUEST: DEVELOPMENT AGREEMENT AGENCY } COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITT_ EE: CENTRAL DISTRICT HEALTH: ~ NAMPA MERIDIAN IRRIGATIO SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED AGREEMENT All Materials presented at public meetings shall become property of the City of Meridian. .~. DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered. into this day of 1998, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereinafter called the "CITY"; BENCHMARK LAND COMPANY -MERIDIAN (QUENZER), L.L.C., an Oregon Limited Liability Company, hereinafter called,"BENCHMARK", whose address is 17700 SW Upper Boones Ferry Road, Suite 100, Portland, OR 97224-7010, and EUGENE QUENZER and ARDYCE L. QUENZER, husband and wife, hereinafter called "QUENZER", whose address is 4020 N. Black Cat Road, Meridian, Idaho 83642, both of whom are hereinafter referred to as "Applicant." WITNESSETH: WHEREAS, BENCHMARK is the owner, in law andlor equity, of a certain tract of land in the County of ~ Ada, State of Idaho, described at Exhibit "A", attached hereto and by this reference incorporated herein as if fully set-forth (herein called "Parcel A"), which it is intended will be developed as the first phase of a single family residential subdivision to be known, described and officially platted as "TURNBERRY SUBDIVISION; and WHEREAS, QUENZER is the owner, in Law and/or equity, of a certain tract of land in the County of Ada, State of Idaho ~ lying contiguous with Parcel A, which is described at Exhibit "B", attached hereto and by this reference incorporated herein as if fully set forth in full (herein. called "Parcel B"); and WHEREAS, BENCHMARK and QUENZER have heretofore entered into an agreement whereby BENCHMARK has the right and option to acquire fee title to Parcel B from QUENZER for purposes of owning and developing the same as the second phase of the TURNBERRY SUBDIVISION; ,..and WHEREAS, in 1991, the State of Idaho legislature enacted §67-6511A of the .Idaho Code entitled "Development Agreements," which provides, among, other things, that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY las heretofore adopted two development agreement ordinances, one of which, Zoning and Development'Ordmance 11-2-416 L, applies when land is rezoned, and the other, Zoning and Development Ordinance 11-2-417 D, applies when land is annexed to the CITY and also zoned; and WHEREAS, BENCHMARK, with the consent and approval of QUENZER, previously submitted an application for annexation of, all the land comprising Parcels A and B requesting that the same be accorded zoning designation "(R-4) Low Density Residential District " Concurrently, BENCHMARK also submitted application for approval of a preliminary plat for subdivision thereof into 118 single family residential lots, fo be developed in two phases as aforesaid; and WHEREAS, in support f said applications, representatives of BENCHMARK made certain representations at a public hearing, held August 12, 1997, before the Meridian Planning and Zoning Commission as to how the Subdivision would be developed and what improvements would be made as more particularly described in those certain FINDINGS OF FACT AND CONCLUSIONS OF LAW duly adopted by the Meridian Planning and Zoning Commission captioned as follows: TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 9 [3/23/98aJ i BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BENCHMARK LAND COMPANY APPLICATION FOR ANNEXATION AND ZONING TURNBERRY SUBDIVISION NE 1/4 OF THE SE 1/4, SECTION 4, TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN, ADA COUNTY IDAHO and WHEREAS, the, representations made as above-stated have been, and are, reflected and confirmed by the preliminary plat of the subdivision recommended for approval by the Meridian Planning and Zoning Commission as aforesaid and by certain "Subdivision Improvement Plans" (defined below) heretofore submitted with `respect to development of Parcel A hereinafter described; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or ~ rezoning of property and -has done so.as set forth in the above-described FINDINGS OF FACT AND CONCLUSIONS OF LAW recommending approval of the applications of BENCHMARK as aforesaid, each and all of which conditions. and restrictions (herein called "Conditions of Approval") being by this reference incorporated herein as if fully set forth; and WHEREAS, the Conditions of Approval require, as a condition of annexation and rezoning of Parcels A and B as aforesaid, that, among other things, the "...Applicant or its successors in interest, assigns, heirs or personal representatives enter into a development agreement ..." addressing, without limitation, certain matters therein more particularly described in subparagraphs a. through o. of paragraph 12., of said Conditions of Approval and that, if annexed by the City, said Parcels A and B may be de- annexed if said Conditions of Approval are not met; and WHEREAS, the City Council of the CITY has heretofore annexed and rezoned said Parcels A and B subject to de-annexation in the event the conditions and requirements set forth in and by the Conditions of Approval are not met, including the requirement that BENCHMARK and QUENZER enter into this Development Agreement; and WHEREAS, BENCHMARK and QUENZER each deem it to be in their respective best interests to voluntarily enter into this Development Agreement for the purpose of complying with the requirement that they do so as a condition of the City's actions in effecting annexation and rezoning of their land: NOW, THEREFORE, in consideration of the foregoing recitals, each and' all of which shall be and are hereby declared contractual and binding; the CITY's annexation and rezoning of-said Parcels A and B as aforesaid, and the covenants and agreements of the parties hereinafter set forth and described, IT IS HEREBY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Upon and after recording of ,this Development Agreement in the official records of Ada County, Idaho, each and all of the terms and provisions hereof shall run with the land, and encumber the real property, described at said Exhibit "A" and said Exhibit "B". This Development Agreement shall be binding upon, and inure to the benefit of, the City, and, for so long as they shall have or claim any right, title or interest in any land subject of this Development Agreement, all other parties signatory hereto and upon all other persons or parties now and at anytime hereafter having, acquiring, being vested with, or claiming, any right, title or interest in said real property or any portion or parcel thereof whether cognizable at Iaw or in equity. TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 9 [3/23/98a] 2. Only one (1) single-family residential dwelling house having at least one thousand four hundred (1,400) square feet of floor space, exclusive of garages and other appurtenant non-residential structures and improvements otherwise permitted by an R-4 zoning classification, may be constructed upon any single family residential lot created upon lawful subdivision of the lands herein called Parcel A and Parcel B. 3. Each and every single family residential lot created upon subdivision of Parcel A and Parcel B shall contain not less than eight thousand (8000) square feet of land. Unless lawfully ordained by action of the CITY, no such lot shall be further subdivided or partitioned into more than one lot, tract or parcel containing less than eight thousand (8000) square feet of land. 4. No multi-family residential structures, such as, without limitation: duplex units, townhouses or patio homes, may be constructed on Parcel A or Parcel B, nor `shall any part or portion of the land herein called Parcel A or Parcel B be improved in any manner, or employed in any use or occupation; not permitted by the CITY's current (R-4) Low Density Residential District zoning ordinance or by the Conditions of Approval incorporated herein as aforesaid. Provided, however, nothing herein contained shall be deemed or construed to prevent any person from employing any portion of said land for farming or other agricultural purposes prior to development thereof in accordance with this Development Agreement. 5. Neither BENCHMARK, nor QUENZER, nor any other person or persons now or hereafter having or claiming any right, title or interest in the lands herein called Parcel A or Parcel B, shall commence the construction or installation of any improvements upon said property or any portion thereof unless and until such time as said party or other person shall have filed, or have caused the filing, with the.. CITY of "Subdivision Improvement Plans" (hereinafter called "Plans")~ The Plans pertaining to each phase and Parcel respectively shall show all streets, utilities, pressurized irrigation facilities, sanitary sewer, water, storm drainage, street and similar signage and barricades, and other improvements contemplated for installation within the subdivision to be developed upon such Parcel (except dwelling units and related improvements to be constructed following recording of the subdivision Plat of such Parcel). Such Plans, and the improvements subject thereof, shall be approved for construction, or installation by the City Engineer. 6. All sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation systems, electrical transmission lines, natural gas lines, telephone lines, cross drains, street .surfacing, street signs, cable television, other utilities and additional improvements shown or described by Plans approved by the City Engineer as aforesaid shall be constructed and installed at the expense of Benchmark and/or Quenzer (but only if Quenzer, remains in title to Parcel B), or their respective successors in interest, or any other person which or who obtains such approvals, causes such improvements to be made, and/or ultimately applies for acceptance and approval of any final plat effecting subdivision of Parcel A or Parcel B, as the case may be. 7. The CITY has granted approval of a preliminary plat for subdivision of Parcel A and Parcel B in a manner consistent with the requirements of this Development Agreement which plat is by this reference incorporated in and made a part of this Development Agreement. Upon approval by the City Engineer of the Plans for Parcel A and Parcel B respectively, said Plans shall each and all be deemed incorporated in and made a part of this Development Agreement for all purposes. 8. Unless otherwise permitted or approved in writing by the City Engineer, all improvements depicted by the approved preliminary plat and final plat which pertain to Parcels A and B respectively, and all improvements subject of the approved Plans pertaining to each of said Parcels, shall be constructed and installed in strict conformity with said preliminary plat and Plans. 9. Any party or person's who intend to engage in construction or installation of any improvements subject of said preliminary plat and final plat, and/or any such approved Plans shall provide the City Engineer with at least fifteen (15) days advance written notification of when and what portion or portions of said improvements such party or persons intend to construct or install and the time schedule therefor. TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of 9 [3/23/98a] If the construction or installation of any such improvements will be accomplished in phases, the party or persons constructing or installing .the same will construct any temporary facilities or improvements the City Engineer may deem reasonably necessary as a result of such phased construction or installation. 10. Following completion of the construction or installation of any improvements, or such portion(s) of any improvements, as are required to complete development of Parcel A or Parcel B respectively in accordance ,with this Development Agreement, the party or persons responsible for construction or installation thereof shall `notify the City Engineer that such improvements are complete and request his inspection and acceptance thereof on behalf of the CITY. If, upon or following inspection of such improvements, the same are accepted by the City Engineer, the party or persons obligated to construct or install the same under this Development Agreement shall be deemed for all purposes to have fulfilled such obligations.. Otherwise, such obligations shall not be deemed satisfied. 11. Following completion of construction and installation of all improvements required with respect to the subdivision of Parcel A and Parcel B, each and respectively, and acceptance thereof by the City Engineer, the Applicant or other party or persons developing such Parcel shall cause "Corrected" (i.e. "as built") versions of the Plans pertaining to such improvements to be prepared by a Registered Professional Engineer and provide the same or a duplicate mylar copy thereof to the CITY. Said "Corrected"Plans shall depict the actual constructed location (both horizontally and vertically) of all water and sewer lines, all utility lines and conductors, all pressurized irrigation lines and individual building service lines (to the extent the latter have been installed as part of the development of any individual lots), all street, sidewalk, curb and gutter alignments and grades, etc. Said "Corrected" Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans truly and accurately depict the locations and characteristics of the various improvements subject thereof. 12. If, after construction or installation of an improvement necessary for the development and subdivision of Parcel A or of Parcel B is begun, the City Council shall make a finding, duly entered in the official minutes of the proceedings of the City Council: (i) that the party or persons obligated by this Development Agreement to construct or install such improvement has failed to complete construction or installation of a portion or all of such improvement without reasonable justification (lack of necessary financial resources shall not constitute reasonable justification), and (ii) that said improvement must be completed in the interests of the health, welfare and/or safety of the inhabitants of the CITY, then the party or persons obligated to complete construction or installation of such improvement shall, upon receipt of written notice of such finding, immediately undertake all measures reasonably "necessary and appropriate to commence and, within a reasonable time effect completion of, the construction or installation of such improvement in accordance with this Development Agreement.. a. If the party or persons so obligated shall fail to complete such construction within a reasonable time after written notification of such Council action, and the CITY thereafter determines to complete, and completes, such construction or installation, then the party or persons who were otherwise obligated to complete such improvement, together with the owners} of the property served by such improvement, shall be obligated to reimburse the CITY its cost to complete such improvement at such time(s); in such manner and upon such terms as the CITY shall order after conferring, or making reasonable attempts to confer, with such party, persons and owner(s). b. The City Council shall not make the findings set forth in paragraph 12., except at a regular or special meeting of the City Council and unless the party or persons obligated to complete said improvement, and the owner(s) of the property affected by such improvement, have been notified in writing of the time and place of such meeting at least three (3) business days prior thereto and have been given reasonable opportunity to be present in person or by counsel and be heard on the merits of the proposed finding. c. Except in the event of an emergency threatening immediate harm or damage to the persons or property of the inhabitants of, the CITY, the CITY shall not undertake to complete construction of any such improvement unless and until it shall have afforded the Applicant or other party or persan TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 4 of 9 (3/23/98a] responsible for the completion thereof under this Development Agreement, and the property owner(s) who may become obligated to'the CITY as aforesaid, no less than ten (10) days written notice that it intends to do so and such party, persons and/or owner(s) shall have failed "to commence completion of such construction at or before the time the City or its contractor(s) shall have actually commenced work. d. The obligation for reimbursement of the CITY's cost to complete construction or installation of any improvement completed by, or at .the expense of the CITY pursuant to and in accordance with the foregoing terms and conditions of this paragraph 12., shall constitute a lien on all real property benefited by such improvement. Said lien may be foreclosed in the manner provided by law for the foreclosure of a mortgage on real property under the -Idaho Code. Said lien shall attach to and encumber said real property solely as a consequence of the terms of this Development Agreement as of the date and time the notice(s) described in subparagraph c., immediately above shall first be delivered to a party, person or owner entitled thereto. 13. a. Unless and until the party or persons obligated to do so by this Development Agreement shall complete the construction and installation of all improvements to be constructed and installed in connection with and/or for purposes of the development and subdivision of Parcel A, and said improvements shall be approved and, where applicable, accepted by or on behalf of the CITY, (and/or the CITY shall have accepted security for the completion of .one or more of said improvements as hereinafter described), .the CITY shall not be obligated to accept or approve for recording any final Plat of the first phase of the TURNBERRY SUBDIVISION to be constructed within Parcel A as aforesaid. b. Unless and until the party or persons obligated to do so by this Development Agreement shall complete the construction and installation of all improvements to be constructed and installed in connection with and/or for purposes of the development and subdivision of Parcel B, and said improvements shall be approved and, where applicable, accepted by or on behalf of the CITY, (and/or the CITY shall have accepted security for the completion of one or more of said improvements as hereinafter described), the CITY shall not be obligated to accept or approve for recording any final Plat of the second phase of the TURNBERRY SUBDIVISION to be constructed within Parcel B as aforesaid. ' c. If the CITY declines to accept or approve for recording the final Plat of either phase of the TURNBERRY SUBDIVISION by reason of the provisions of subparagraphs a., or b., of this paragraph 13., or otherwise, the party or persons seeking such acceptance or approval shall have the right to appear before the CITY's City Council at any regular meeting after any such acceptance or approval shall have been withheld and shall have the right to be heard as to why such final Plat and subdivision should be accepted and approved by"the CITY. The City Council shall then decide whether such final Plat .and subdivision should be accepted and approved by the CITY, or may impose such conditions upon acceptance and/or approval of such final Plat and subdivision as it may determine in the lawful exercise of its authority. In any such cases, the decision of the City Council shall be final, except that all rights of the parties or persons affected thereby shall be preserved and may be enforced by any means available to them at law or in equity. 14. In lieu of complete performance .on the part of any party or persons otherwise required by this Development Agreement to perform any obligation prerequisite to acceptance and approval for recording of the final Plat and subdivision of either phase of the TURNBERRY SUBDIVISION, the CITY, acting by and through the City Engineer, may accept security for the completion of performance of any such obligation on the part of the party or persons obligated to do so. Such security may be provided in the form of surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under section 11-9-606 C of the Revised and Compiled Ordinances of the CITY. If and when the party or persons upon whose behalf any such security is required shall provide such security, the CITY shall accept and approve such subdivision and final Plat for recording. Upon completion and approval or TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 5 of 9 [3f23f98a] acceptance by the CITY of the improvements for which any such security has been given in accordance with this Development Agreement, the CITY shall forthwith exonerate or release such security. 15. The CITY has requested that certain elements of the sanitary sewer which will be constructed and installed by or for Benchmark in North Black Cat Road in connection with the development of Parcel A, and certain elements of the sanitary sewer which will be constructed and installed by or for Benchmark in North Black Cat Road in connection with the development of Parcel B, be designed, constructed and installed in a manner intended to accommodate future service needs originating from properties not owned by BENCHMARK or QUENZER which are located within the vicinity of the subject development (herein called "Special Improvements"). The nature and potential off-site benefits of these Special Improvements is generally described at Exhibit "C" attached hereto and by this reference incorporated herein as if fully set forth. The parties acknowledge that sound planning practices require construction of said Special Improvements concurrently with development of Parcel A and Parcel B in order to accommodate future expansion and development and that the CITY may enter. into one or more "latecomer agreements" for the purposes of assisting BENCHMARK, or its successors in interest, in recovering some or all of the additional costs it will incur in constructing .said Special Improvements. a. In recognition of the cost.. savings which can be accomplished by construction of such Special Improvements concurrently with the facilities to be constructed for purposes of development of Parcel A and Parcel B respectively and the impracticality or impossibility of constructing such Special Improvements separately or at a later time, BENCHMARK has designed and is willing to construct such facilities in consideration of the CITY's agreement to enter into one or more latecomer agreements as aforesaid. b. For purposes of any such latecomer agreements, BENCHMARK agrees to obtain three (3) independent, bona fide, bids for the performance of the work which will incorporate such Special Improvements from qualified and responsible 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 agree to enter into a latecomer agreement as aforesaid. c. The CITY's obligation under any such latecomer agreements shall be limited to payment of the lowest of such bids irrespective of whether the lowest bidder is in fact selected to perform the work. d. If the City fails to enter into latecomer agreements pertaining to any Special Improvements on the .terms above set forth, BENCHMARK shall not be required to construct any Special Improvements for purposes of accommodating any future off site expansion and/or development. 16. The parties expressly agree that no Certificate of Occu~ancy will be issued for any dwelling constructed in the first phase of TURNBERRY SUBDIVISION until all improvements required for acceptance and approval of the final .Plat and subdivision of Parcel A are completed and accepted by the City; or until the CITY and the and the party responsible to complete said improvements have entered into an addendum agreement stating when the improvements will be completed, and/or such responsible party shall have delivered appropriate security for completion of such improvements as aforesaid. 17. The parties also expressly agree that no Certificate of Occupancy will be issued for any dwelling constructed in the second phase of TURNBERRY SUBDIVISION until all improvements required for acceptance and approval of the final Plat and subdivision of Parcel B are completed and accepted by the City unless and until the CITY and the party responsible to complete said improvements have entered into an addendum agreement stating when the improvements will be completed and/or such responsible party shall have delivered appropriate security for completion of such improvements as aforesaid. TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 6 of 9 (3/23/98a] 18. BENCHMARK and QUENZER agree, in recognition of the unique and peculiar circumstances relative to this development, that the special conditions set forth in Exhibit "D" attached hereto and by this reference incorporated herein as if set forth verbatim all be deemed for. all purposes applicable to said Parcel A and to said Parcel B. BENCHMARK further agrees to construct a perimeter fence around both Parcels A and B prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 19. Any notices required by this Development Agreement shall be in writing addressed to the party or parties entitled thereto as follows: CITY: City Engineer BENCHMARK: Project Manager: Turnberry Subdivision 33 East Idaho Benchmark Land Company, Meridian CITY OF MERIDIAN (Quenzer), L.L.C. Meridian, ID 83642 11700 SW Upper Boones Ferry Rd., Suite 100 Portland, OR 97224-7010 QUENZER: Eugene and Ardyce Quenzer 4020 North Black Cat Road Meridian, ID 83642 unless and until such time as any such party shall notify each of the other parties of any change of address for such notices. 20. BENCHMARK agrees to pay all recording fees necessary to record this Development Agreement with the Ada County Recorder's office. 21. For so long as they shall have or claim any right, title or interest in any land subject of this Development Agreement, BENCHMARK and QUENZER agree to abide by all ordinances of the CITY of Meridian pertaining to development or subdivision of the land in which they claim such rights not inconsistent with the terms and provisions hereof. Said parties further acknowledge and agree that their respective properties shall be subject to de-annexation if they or their respective heirs, successors in interest or assigns who shall have or claim any right, title or interest therein shall not meet the Conditions of Approval applicable to the development, subdivision, construction of improvements upon, or uses of said land or any portion(s). thereof; this Development Agreement, and any Ordinances of the CITY of Meridian lawfully enacted in conformity therewith . 22. This Development Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. Provided, however, any other terms or provisions of this Agreement to contrary notwithstanding, it is hereby acknowledged, confirmed .and agreed by and between the parties that any and all personal liability and obligations of the said Eugene Quenzer and Ardyce Quenzer arising under this Development Agreement shall be enforceable as to said parties only if, and for so long as, they shall have or claim any right, title or interest in the lands subject of this Development Agreement or some portion thereof. IN WITNESS WHEREOF, the parties have caused thisDevelopment Agreement to be signed and dated the date, month and year first stated above. CITY OF MERIDIAN ("CITY") By By Robert D. Corrie, Mayor William D. Berg, Jr., City Clerk TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 7 of 9 [3/23/98a1 BENCHMARK LAND COMPANY-MERIDIAN (QUENZER), L.L.C. ("BENCHMARK") By Pacific Santa Fe Corporation; an Oregon By corporation, Member Greg street, Member Mark P. Rockwell, President EU E QUENZ R ("QUE , ") A YCE L. QUEN ER ("Q ZER") ACKNOWLEDGEMENTS STATE OF IDAHO County of Ada ss. On this day of , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian 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] STATE OF IDAHO Notary Public for Idaho Residing at: My Commission Expires: ~ ss. County of Ada ) 0 On this ~ day of , 1998, before me, the undersigned, a Notary Public in and for said State, personally a red EUGENE QUENZER and ARDYCE L. QUENZER, husband and wife, known, or proved to me, to be persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o icial seal, the day and year in this certificate first above written. otary Public for aho [SEAL] Residing at: a~ My Commission Expires: TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 8 of 9 [3/23/98a] STATE OF OREGON, County of (,~ ~S (~ f n c, ~ r'l.. } ss. The foregoing instrument was acknowledged before me on this ~~day of n ~ 199 ~ , by GREG A. HEMSTREET who is a member of Benchmark Land Com ny-Meridian (Quenzer), L.L.C., amember-managed Oregon limited liability company duly licensed and authorized to transact business or conduct affairs in the State of Idaho. ~-~- OFFICIAL SEAL No Public for Ore on SUSAC~ E3ARRETT g NOTARY PUBLIC -OREGON My commission expires: 9 - / ~'Q~ ••MY COMMISSION EXPIRES SEPT. 18, 2001 STATE OF OREGON, County of W~~~^g~/~ }ss. The foregoing instrument was acknowledged before me on this S day of ~y vl L , 199, by MARK P. ROCKWELL, President of Pacific Santa Fe Corporation, which is a member of Benchmark Land Company-Meridian (Quenzer), L.L.C., amember-managed Oregon limited liability company duly licensed and authorized to transact business or conduct affairs in the State of Idaho. OFFlCUII. SEAL 11EV[H CAPUID NOTARYPUBLIC.OREGON . ••' COMMISSION NQ 303479 MY COMMISSION EXPIRES JULY 31, 2001 Notary Public for regon My commission expires: 7 3~ D` TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 9 of 9 [3/23/98a) EXHIBIT "A" DEVELOPMENT AGREEMENT ("Parcel A" Described] DESCRIPTION FOR PROPOSED TURNBERRY SUBDMSION N0.1 December 8, 1997 A parcel of land being a portion of the NE 1/4 of the SE 1/4 of Section 4, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described a"s follows: Beginning at the East 114 comer of Section 4, Township 3 North, Range 1 West, B.M., the REAL POINT OF BEGINNING of this description; Thence S Qb°38'01" W 650.48 feet along the easterly boundary tine of said Section 4 to a point; Thence N 89°21'59" W 215.00 feet to a point; Thence N 00°38'01" E 15.00 feet to a point; Thence N 89°21'59" W 100.00 feet to a poir~ - Thence S 04°30'24" W 71.92 feet to a point; Thence S 19°1528" W 65.34 feet to a point; Thence S 35°40'56" W 64.90 feet to a point; Thence S 51°48'00" W 65.00 feet to a point; Thence S 68°36'48" W 67.00-feet to a point; . Thence S 81°39'21" W 41.60 feet to a point; ' Thence N 89°21'59" W 521.60 feet to a poir~ - Thence N 00°38'01" E 100.00 feet to a poini;.__ ___._ ..~.__. Thence N 89°21'59"~W 1.57 feet to a point; Thence N 00°38'01" E 444.72 feet to a point; Thence S 89°21'59" E 1.57 feet to a point' Thence N 00°38'01" E 100.00 feet to a poir~ Thence S 89°21'SS" E 240.00 feet to a. pointy Thence N 00°38'01" E 100.00 feet to a point: Thence N 89°21'59" W 8.38 feet to a point; Thence N 00°38'01" E 149.95 feet to a point on the northerly boundary of the NE 1/4 of the SE 1/4 of said Section 4; Thence S'89°21'55" E 821:81 feet along the northerly boundary of the NE 1/4 of the SE 1/4 of said Section 4 to the REAL POINT OF BEGINNING of this description, containing 18.23 acres, mote or less. Michael E. Marks; P.L~S. 4998 i i EX~IIBIT "A" TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 1 Of 1 .. _. EXHIBIT "B" ~' ~ DEVELOPMENT AGREEMENT" ["Parcel B" Described]. DESCRIPTION FOR PROPOSED TURNBERRY SUBDIVISION N0.2 March 24, 1998 ' € A parcel of land being a portion of the NE 1/4 of the SE 1/4 of Section 4, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Beginning at the East 1/4 comer of Section 4, Township 3 North, Range 1 West, B.M., Thence S 00°38'01" W 650.48 feet along the easterly boundary line of said Section 4 to the REAL POINT OF BEGINNING of this description; Thence N 89°21'59" W 215.00 feet to a point; Thence N 00°38'01" E 15.00 feet to a point; Thence N 89°21'59" W 100.00 feet to a point; ' Thence S 04°30'24" W 71.92 feet to a point; 9 Thence S 19°15'28" W 65.34 feet to a point; Thence S 35°40'56" W 64.90 feet to a point; Thence S 51°48'00" W 65.00 feet to a point; ` a Thence S 68°36'48" W 67.00 feet to a point; Thence S 81°39'21" W 41.60 feet to a point; - Thence N 89°21'59" W 521.60 feet to a point; `_ -'~ Thence N 00°38'01" E 100.00 feet to a point; Thence N 89°21'59" VV 1.57 feet to a point; Thence N 00°38'01" E~444.72 feet to a point; f Thence S 89°21'59" E~1.57 feet to a point; t Thence N 00°38'01" E:100.00 feet to a point; Thence S 89°21'59" E 240.00 feet to a point; Thence N 00°38'01" Et'100.00 feet to a point; Thence N 89°21'59" W 8.38 feet to a point; i Thence N 00°38'01" E;149.95 feet to a point on the northerly boundary of the NE 1/4 of the SE 1/4 of said Section 4; i Thence N 89°21'55" W 500.30 feet to the northwest comer of the NE %, of the SE '/,; Thence S 00°41'48" W~1,174.79 feet to a point on the west line of the NE'/, of the SE'/.; Thence S 89°19'23" E 1,323:40 feet to a point on the line common to Sections 3 and 4; Thence N 00°38'11" E 525.28 feet along said line to the REAL POINT OF BEGINNING of this description, containing 17.46 acres, more or Tess. Michael E. Marks, P.L.S. 4998 ' EXHIBIT "B" TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT .r Page 1 of 1 1 Y f EXHIBIT "C" to DEVELOPMENT AGREEMENT for TURNBERRY SUBDIVISION Meridian, Idaho "Special Improvements" Parcel A Sanitary Sewer: The sanitary sewer main line to be located in the western portion of North Black Cat Road is to be increased in size from eight inch (8") to twelve inch (12") and extended from Station 10+00.00 (as fixed and identified by the approved Sewer and Water Plan for Turnberry Subdivision No. 1, prepared by Briggs Engineering, Inc., Dwgs. "S 1" and "OS 1 ") southerly along North Black Cat Road a distance of approximately 135 feet (to Station 8+65.00), and from Station 10+00.00 northerly along North Black Cat Road a distance of approximately 2422.34 feet to connect with an existing manhole at Station 34+22.34. The southerly extension of said sewer does not, in any way serve or benefit Turnberry Subdivision. However, and in addition to serving improvements situated on Parcel A and Parcel B, the northerly extension of said sewer main will be over sized and available to service land and developments connected thereto on the west side of North BIack Cat Road, north of Turnberry Subdivision to the point of connection thereof with the existing manhole mentioned above. At such time as both of the- sanitary sewer main extensions required in connection with the development of PazceTB described below is constructed, the Special Improvements described herein will further provide service to, and benefit, lands and developments lying to the south of Turnberry Subdivision which may be benefited by connection to these Special Improvements by means of the sewer main extension constructed in connection with Parcel B. Parcel B Sanitary Sewer: The twelve inch (12") sanitary sewer main line to be constructed and extended north in the western portion of North Black Cat Road in connection with the development of Parcel A as described above, is to be extended south from said Station 8+65.00 a distance of approximately 530 feet to a temporary tee type clean out (or similar device) installed at a point in North Black Cat Road located on the south boundary of said Parcel B extended eastward across North Black Cat Road. Said extension will not in any way serve or benefit Turnberry Subdivision or either Parcel A or Parcel B thereof. However, said sewer will be sized and available to service land and developments `connected thereto on the east and west sides of North Black Cat Road, south of said Station 8+65.00 to the Special Improvements in sanitary sewer main Lines to be installed in connection with the development of Parcel A as aforesaid as well any and all lands and developments lying to the south of said Parcel B, regazdless of where, situated, which may be afforded access to sanitary sewer service by reason of the construction and installation of such extension and its connection with the Special Improvements to be constructed in connection with the development of Parcel A as above-stated. E~~IT "C" TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1 EXHIBIT "D" to D E YE L O P ME N T' A GR E E M EN T for TURNBERRY SUBDIVISION Meridian, Idaho This subdivision is for 118 single-family lots with an overall density of 3.3 dwelling units per acre. The Applicant, or such other party or persons as shall be responsible to do so under the Development Agreement above-referenced, shall: 1. Construct anon-combustible perimeter fence prior to obtaining building permits and construct temporary construction fencing to contain debris along all subdivision boundaries in the case of phased construction unless the City has specifically agreed, in writing, that such fencing is not necessary. 2. Construct a landscape strip within the Subject Property along the full length of the Subject Property adjacent to the west right-of--way line of North Black Cat Road (Black Cat Road Landscaping), except for the entryway access of Charles Street and,a ten-foot-wide gravel access road at the northerly property boundary for Nampa=Meridian Irrigation District. The North Black Cat Road Landscaping shall be a minimum of twenty feet'(20') in width beyond required ACRD- right-of--way. The Black Cat Road Landscaping will be landscaped and sprinkler irrigated in accordance < with a landscape plan to be submitted by Applicant Benchmark that is approved by the CITY. A letter of credit, cash, or appropriate bonding for the Black Cat Landscaping is required prior to signature on the final plat; no fencing shall encroach on this 20' planting strip, located beyond required right-of--way of 45' from centerline. Landscaping shall be completed prior to obtaining certificates of occupancy. 3. Tile all ditches, canals and waterways, including those that aze property boundaries or only partially located on the property, unless downstream water users and the irrigation district determine they can be abandoned or a variance is granted by the.City;~the Applicant was granted such a variance for the Safford Lateral. f 4. Extend and construct` water and sewer line extensions to serve the property and connect to Meridian water and sewer lines, as well as extending and constructing water and sewer line extensions through the property (see Development Agreement, paragraph 15). 5. Construct curbs, gutters, sidewalks and streets to and within the property. 6. Pay any development,aatecomer, impact or transfer fees adopted by the CTIY. 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 8. Construct and install pressurized irrigation to all lots within this subdivision prior to obtaining building permits. , 9. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C. 10. Meet all representations made by the applicant during the public hearing process. 11. Comply with the requirements of all City departments, Ada County Highway District, and Central District Health Department. 12. Timely prepare, submit, and obtain the required approval by the CITY of final plats of the project in accordance with development time requirements contained in City Ordinances.. 13. Perpetually maintain all improvements in a neat, aesthetically pleasing and workmanlike manner. EXHIBIT "D" TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1 ~a Cit y of M er id ian Pla nni ng & Z oni ng Memo To; Steve Arnold, Briggs Engineering iFnonx cBrad Hawkins-Clark,"P&Z Departrnent ,~: ,. _ . - CC: Will Berg (City Clerk), +Shari S61es (P8Z), Gary Smith (Public Works), Project File Dafie: 05/03/01 I t Res Tumberry Crossing #2 Landscaping and Penang Inspection Dear Steve, ` 1 inspected Tumberry Crossing Subdivision, Phase #2 today for the landscaping, fencing and. pathway elements as required by the Final Plat and. Development Agreement, As n:quired in the Final Plat conditions approved by Council, alt improvements must be complete prior fo any Certifipte of Occupancy being issued within this phase of the subdivision. Since our City Clerk has no record of any live Letter of Credit or other form of surety for Tumberry Crossing #2, it is particularly imperative that all improvements be 100% complete before we release any C.O.'s. ------- As of today, the following i~ provements must still be completed: 1. Plant twelve (12) shrubs along the N. Montgomery Avenue stmt frontage of Lot 6, Block 9 (the tote lot). 2. Either seed or plant lav-m on Lot 6, Block 9 (tot lot), as per the approved landscape plan. (Since this lot also serves as ACHD's stom~water detention lot, coordinate with ACRD on the type and location of the lawn planting.) 3. t did not see any pressurized irrigation sprinkler heads on Lot 6, Block 9 (tot lot). These must be installed and operable. 4. Either seed o plant lawn along both sides of the micropath in Lot 20, Block 6, as per the approved landscape plan. 5. Install underground sprinkler IinesJheads to serve the lawn areas in Lot 20, Block 6. i • Page 1 Y 6. Either seed or plant- lawn on Lots 17 and 19, Biodc 1 (the Black Cat street buffer lots). 7, install the remaining 16-20 feet of perimeter fencing along the south side of Lot 9, Block 1. (As we discussed on the phone, the City wiH agree to release C.O.'s for ail other lots in Phase 2 if this is the o ~1t pending improvement. We will hold the C.O. for this lot until an agreement can be reached regarding the irrigation box that is obstructing the completion of this section of fence.) Please contact our office for a'final inspection only upon full completion of all the above- mentioned improvements (with the exception of #7). At such time, we will inform the Public Works and Building Department to begin issuance of Certificates of Occupancy. Feel free to contact me with any questions. • Page 2 f MAYOR •~ Robert D: Come CITY'COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 September 12, 2000 Benchmark Land Company 3400 S. W. Garden View Avenue Portland, OR 97225 Re: Return Performance Bond for._Turnbeny_ Subdivision- # 9 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILD[NG DEPARTMENT (208} 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 After a site inspection and review of the Turnbeny Subdivision #1 Project by the Planning & Zoning Department, it has been determined to release the Performance Bond of $923,362.10 to you for the completion of the site improvements. Please use this letter as authorization to release the Performance Bond #514307S: If you have any questions please contact me. Thank you for your cooperation. Sincerely `'-L~ William G. Berg, Jr. City Clerk k ~ • HUB OF TREASURE VALLEY ,1 ` A Good Place to -Live "' Enclosure ~. :; ~u~ ~~~~ ~~~ c o ~~~ SUBDIVISION I>\4PROVEMENTS PERFORMANCE BOND Bond No: 5143075 KNOW ALL 1v1EN B~' THESE PRESENTS; That we, BENCHMARK LAND COMPANY -MERIDIAN (Q[JENZII3),L'as~Principal, and DF.VFT,(1PFRG TN4tiRANr`F rnMUnl~w a Corporation organized and going business under and by virtue of the laws of the State of California and duly Licensed to conduct a general surety business in the State of ern, as Surety, are held and firmly bound unto ~ Idaho CITY OF MERIDIAN as Obligee in the sum of ONE HUNDRED TWENTY-THREE THOUSAND, THREE HUNDRED SZXTY-TWO AND 10/100-- (S 123, 362.10 )Dollars for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of: Turnberry Subdivision No. 1 , has agreed to complete improvements described as fencing, landscaping, irrigation, and street lights stated in Briggs Engineering'.s 6/16/98 itemized estimate NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shalt remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate sea] and the name'of said Surety is hereto affixed and attested by its duly authorized Attorney-in-fact at Portland, Oregon ,this 1'8th day of June 19 98 PRINCIPAL BENCHMARK LAND COMPANY - MERIDIAN (iQ ZER), L.L SURETY DEVELOP N URANCE 0? ANY By u~i Lynette G. Harris, Attorney-in-fact ~.. - POVNER OF Ae.30RNEY C3F ~IDEN9P~IITY COMPANY OF CALIFIA D DEVELOPERS INSURANCE CO ANY P.O. 80X 19725, IRVINE, CA 92623 • (714) 263-3300 (y ~ G 3 7 0 5 5 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1999. 2. This Power of Attorney is void if altered or if any portion is erased. r 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***Lynette G. Harris, Eric R. Sander, jointly or severally*** the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Three Million Five Nundred Thousand Dollars ($3,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to pertorrn every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving fo each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEAEOF INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 3rd day of February, 1997. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY (, By `'' BY Dant '. Vincenti, Jr. Dan F. Vincenti, Jr. esident GON,PP Q Y 0,. resident PgiNP ~Rq'y0 ~ qqp D ~ Qw0 7j. d _ = Oc7 5 a9T ATTEST ° - MAR. 27 a ~ 1967 a ~y 1979 °~ IF Pair',? ~-- ° !p ~+ ! By * gy Walter Crow Wafter Crowell Secretary Secretary STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) On February 3, 1997, before me, Sherie L, Bell, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrumen! and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal _ _ ~~~~ SHEAIE L. BELL COMM. r/11194/9 Signature ~ ~ ~ ~~~ ' ~ CiOfllffl. FJfQ. aC. ~2,'~ CERTIFICATE The undersigned, as Senior vige President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby Certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, Califorriia, this ~ $th day of June , 199 $ INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY • ~ ON,PANYO~ ~O OpP Oqq~ O 9 By 2 = OCT. 5 c ~+ L.C. Fiebiger„ t967 a Senior Vice President °yi 1F Pa~Pa • ~ \NSURq 5 N coo Po ~~~F n By ~ =MAR. 27 ; L.C. Fiebiger ~, t979 p Senior vice President ~'° a`P ~ 1F ID-313 REV. {3/97) • W V _~ C ._ m .~ W CA O7 .O III •N W m m H a ... .~ .; a .~ N .a 1- C ~ ~i7 O tV tt' p T p ti ( D I~ N ~ O tp9 N O ~ N to C'7 ~ N ~a 0 N- ~ ~ ~ ~ ~ ~ is ~ .... ti °a c°v v°°, °o ~ o m ~ a° ~ ~ ~ pp ~ o 10 L ~ O N V' f~ ~ ~ ~j ~ '~ tri CO 1n ~ti„ Q i fA fA Ml t} t ~{} ' t~ O S p O O R O !~ ~ ''' ~ C' O ~ CAD tt1 O to O S O O ao a V cC ~j M ~ 00 ~!f r Q N ~r- p pJ r 69' 6R fA (f} 69 ~ ~ C O ti o ¢ Q N ' :,.. ~~ r N z z r •' ~ ~; ~ Q ~ ~ o ~ `. ,f+;~n a '' °~ V ~ ~ ~ S m ~ ~ , c c ~ ~ ~i w ~ ' m To `, t Ol U A ~ c U lD c 7. ~ o ~ N r ~ W m U ~v •.:.. f v C c ~ E m ~ p y ~ O ~ ~ ~ LL ~p ~ ~~ y~ ~ ~C ~ s° . ~~ oco~E ocac~~a~ *-c°° .~ co ~-C a ~~ y ~~ u~~ ., m om m o ~.Q oio ~'~ , t9 F" i d w Q Q) 3 "~ m E cD ~ C6 C ~ `p . m a°'i c :~ '<<~ ~ U 4l QQG~11 U tII LL ' th O ~ Q~ v 'O ~ Lt J_ y C U. C ~ T y o w 'O m ~ . + .c ~ o ' ~ ~ ~ c s o ~' ~ ~ O U U "i - a cA ~-- TOTAL P.01 JUN 29 '98 11 29 PAGE.01 ;4 ._ . ~ o ~,~ : xJ e SUBDIVISION IMPROVEMENTS PERFORMANCE BOND Bond No: 5143075 KNOW ALL ML-N B~' THESE PRESENTS: That we, BENCHMARK LAND COMPANY -MERIDIAN (QiJENZIIt),L~ascPrincipal, and riF~rFr npFR~ Ttv~nRArtc-F rnr~pANV , a Corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of ~xe~~n, as Surety, are held and firmly bound unto ~ Idaho CITY OF MERIDIAN ~ ' as Obligee in the sum of ONE .HUNDRED TWENTY-THREE THOUSAND, THREE, HUNDRED SIXTY-TWO AND 10/100-- (S 123, 362.10 )Dollars for which payment, well and truly to be made, we bind ourselves, our heirs, executors-and successors, jointly and severally firmly by these presents. s THE CONDITION OF THIS OBLIGATION IS SUCH THAT: f WHEREAS, the above named Principal, as a conditioh of the filing of the ;final subdivision --- map of:~Turnberry Subdivision No: 1~ has agreed to complete improvements described as fencing, landscaping, irrigation, and street lights stated in Bridgs Engineering's 6/16/98 itemized estimate. -- -----.._._. _ G _ _.. _. _. -- -- __. _ ._ NOW THEREFORE, the coridi'tion of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the ! eal and signature of said Principal is hereto affixed and the corporate seal and the name of said Suret}~ is hereto affixed and attested b}~ its duly authorized Attorney-in-fact at Portland,. Oregon ,this 18th day of - June 19 98 k' PRINCIPAL ~ SURETY BENCHMARK LAND COMPANY -`MERIDIAN ( ZER}, L.L DEVELOP N URANCE 0? ANY .. l By: ~ ~y Lynette G. Harris, Attorney-in-fact ~. { - ~ POWER OF ATTORNEY OF ,.. ~INC)EMNITY COMPANY OF CAL RNIA AND DEVELOPERS INSURANCE PANY I?O. BOX 19725, IRVINE, CA 92623 • (714) 263-3300 ~ ~ O 3 / O 5 5 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1999. 2. This Power of Attorney is void if altered or if atiy portion is erased. - 3. This Power of Attomey is void unless the seal is readable, the text is in brdwn ink, the signatures are in blue ink and this notice'is in blue ink. 4. This Power of Attomey should not be retumecl to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records: KNOW ALL-MEN BY THESE PRESENTS, that except as expressly' limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint,. , ***Lynette G. Harri"s, Eric F;. Sander, jointly or severally*** the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge; for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any ice President of the corporations be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of ahem hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking occohtract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 3rci day of February, 1997. .. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY i, ~ u.~~. By - V gy Dant . Vincenti, Jr. Dan F. Vincenti, Jr. esident ~M,PA N y of resideht S \NS URgt, ,V opPOggf v Q~POPPO 1vcF ~ s o G ATTEST ° ? MAR. 27 0 _ - OCT. 5 W 1967 ~ ~ 1979 3 a ~yi <IFOPN~Pi~ yp 4 /fpP~P !~ By * gy Walter Crowe '° Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) ~.. On February 3, 1997, before me, Sherie L. Bell, personally appeared Dante F.~Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/area subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ' WITNESS my hand and official seal. _ _ ~SHERiE L. BELL GOMM, A~1119419 Signature `~ ~ ~ IA ~ji IYI~ Ci0111f11. ~. ~iC. 1Q, CERTIFICATE - The undersigned, as Senior Vice President of INDEltANITY COMPANY OF$CALIFORNIA, and.Sehior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 1 $tl"t day of JUrie , 1gg $ INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY • ~ aV,PANyQF.. \tdSURq ,G APP Ogq~C, ' ~ ~P OPPO ,~C~, By 2' _ OCT S °9T By ~ =MAR. 27r O LC. Fiebiger w t967 i LC. Fiebiger °1 1979 ~ . Senior ice President. °2~ [rppPN~PJ~~ Senior Vice Presidehf 'up a ~`P ~~ rFOP ID-313 REV. (3/97) r ` • ~~Wi GS ai w N W m m H ~ ~ L a ~ ~ ~ O C •~ 'M_ m ~ ~. .~ '~ .fl ~ C }^t JUN 29 '98 1129 • O $ O O O O a ~J N ~' O r Q ~ , ~ N cD Q e? N G _ ~ N ~ M ~ N .~ Q ~' O 1- t!} 4i3 4R 0pf et1 tq ~ ~ a.+ ti Q N ~ ~ p~ b 7 0°, aM0 ~ ~ o ttf Ill ~ ~ O N ~' (~ e- a ~ ~ ~ ~ ~ "p ti p0 b A O O ~ ~ O CO O O S O C ~ M 1t7 l(7 iD ~ ~ ~ N ~ N ~ O W ~" ark ~ Ef3 ~ to to ~ :` ~ ~~ ~ h O Z Z ' , i~if~w. r ~~~ , i~i N S ~ o .GOp' ~ ,~. , ~; ~ a ~ z r ~~ .i.0 U ~ ~ ~ ;„,~ ,:~ ` v a~ ~~ ;r ~ C ll LL ,~ Q ~ , ~~>~~r,~ ~p C C '~ ' J J >_, ~p . t ~ '= N 'C C ro ~ ~ T ~ . ~,' ~ .c ~ v ro '" ro m U ro ~%` (D U C ~ C ~ {{l f0 ~ ~~„ C fC 0 d Q~7 O 7 ,s7~ .L O U. ~ C, L2 N = m L ~' i ( N O ~ ~ ~a, .o ff`-_° ca~,E wiov `~ ',! m y ~. ~ a v m z a ~ ~ v ~ ~ - .~ tD C? f0 ~- O ~. . O 1 0 ~ N ~ ~i ~ e, i ¢f .- ~ CD ~ ~ y ~ RS C ~ O ~•"~• .. m ~ _ d iT v c m: ~. ~ n..g ^ ~ S. 67 .. ~~ w tUo LL .v N ~ O ~+ GC 1 lL y J_ C . C p~ O «~ X ~ ~ q ~ C w Q. U p , ~ j ~ ~ , IA .. C !6 N C ~ ~ C31 ~ y ~ 4l U U ~ . 0 (A F- TOTAL P.01 PAGE. 01 May 08 O1 03:43p FWLC INC 2088534503 p.l ~~~ ~ ~ ~~ .. ~. FRANZ WITTE LANDSCAPE CONTRACTING, INC. 9770 W. STATE STREET BOISE, ID 83703 (208) 853-0808 FAX: 853-4503 1 FAX TRANSMITTAL ~ DATE: ~/~ _ ___J F TO• f ~~ ~ ~~~pN FAX NO.: - dS.s FROM: J~1 ik~ .~.~9d' NO. OF PAGES Inciudin this Sheet ' / _ -] MESSAGE: ~i4d~, '] ~P, S ~,^ w!~ ! h ~~ ~~ ~f 6~ Ire -~o nharr»~ s ~ ~- I a''Q°• f ~~ ~-°`~ If you do not receive all pages, please contact this office as soon as possible. Memo Ta Steve Arnold, Briggs. Engineering Frortr Brad Hawkins-Clark, P8Z Department ~`G CC: Will Berg (City Clerk), Shari Stites (P8Z),'Gary Smith (Public Worksj, Project File Dabee 05/03/01 Ree (Tumberry Crossing #2'Landscaping and Penang Inspection --.ti_..~._ _-.-~-~.- Dear Steve, I inspected Tumbeny Crossing Subdivision, Phase #2 today for the landscaping, fencing and pathway elements as required by the Final Plat and Development Agreement. As required in the Final Plat condfions approved by Council, all improvements must be complete prior to any Certificate of Occupancy being issued within this phase of the subdivision. Since our City Cleric has no record of any live Letter of Credit or other form of surety .for Tumbeny Crossing #2, it is particularly imperative that all improvements be 100% complete before we release any C.O.'s. As of today, the following improvements must still be completed: 1. Plant twelve (12) shrubs along the N. Montgomery Avenue street frontage of Lot 6, Btodc 9 (the tot lot). 2. Either seed or plant lawn on Lot 6, Block 9 (tot lot), as per the approved landscape plan. (Since this lot also serves as ACHD's stormwater detention lot, coordinate with ACRD on the type and location of the lawn planting.) 3. I did not see any pressurized irrigation sprinkler heads' on Lot 6, Block 9 (tot lot). These must be installed and operable. 4. Either seed or plant lawn along both sides of the micropath in Lot 20, Block 6, as per the approved landscape plan. 5. Install underground sprinkler lines/heads to serve the lawn areas in Lot 20, Block 6. • Page 1 r~. ~ ~ 6. Either seed or plant lawn on Lots 17 and 19, Biodc 1 (the Black Cat street buffer lots). 7. Instal! the remaining 16-20 feet of perimeter fencing along the south side of Lot 9, Block 1. (As we discussed on the phone, the City will agree to release C.O.'s for all other lots in Phase 2 if this is the o~ pending improvement. We will hold the C.O. for this lot until~an agreement can be readied regarcling the irrigation box that is obstructing the completion of this section of fence.) Please contact our office for a final inspection only upon full completion of all the above- mentioned improvements (with the exception of #7). At such time, we will inform the Public Works and Building Department to begin issuance of Certificates of Occupancy. Feel free to contact me with any questions. • Page 2 • Item 21: ;TES 01-011 Time extension of the 1/14/99 and 1/4/00 time- extension approval of the preliminary and final of `Tui•nlerry° ~ Subdivision_RNo:T2-by~Briggs Engineering -west of Black Cat, south of Ustick and east of McDermott. Corrie: Item No. 21 is the Time extension of the 1/14/99 and 1/4/00 time- extension approval of the preliminary and final of Turnberry Subdivision No. 2 by Briggs Engineering -west of Black Cat, south of Ustick and east of McDermott. Staff comment. What's going on? Stiles: I don't even know what happened. They weren't eligible for another time extension. They already had one time extension, which is all they can be granted without a variance. But, I think they were concerned they were not going to meet their recording deadline. The plats are recorded, so I don't know what... Corrie: Well, yes, Mr. Attorney? Nichols: Mr. Mayor, it was getting tedious getting out of these meetings at 9:00 p.m. anyway. Shari, when was it recorded? Stiles: it's been probably the last two weeks. Nichols: so, Gary's signed off on it and it's been recorded and... Stiles: They've applied for building permits. Nichols: Mr. Mayor, it's.my recommendation that you consider this request for time extension moot. Corrie: Agree one hundred percent. Bird: I make a motion we moot. Anderson: Second. Corrie: VVe mooted that one. z--~-vi G!G 9 February 2, 2001 TE 01-O1 l MERIDIAN CITY COUNCIL MEETING February 6, 2001 APPLICANT Briggs Engineering ITEM NO. 21 REQUEST Time extension of the 1 / 14/99 and l /4/00 time-extension approval of the preliminary and final of~Turnberry~Subdivision'No 2"" r west of Black Cat Road, south of Ustick Road and east of McDermott Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: 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 [RRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN -GAS: BUREAU OF RECLAMATION: OTHER: Contacted: r Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. f:~ Y. ~ t r(" . t BRIGGS EN~NEERING Ire. ENGINBS / PLANNEiiS /SURVEYORS January I1, 2001 Ms. Shari Stiles City of Meridian 200 E. Carlton Street, Suite 100 Meridian, Idaho 83642 Re: Turnberrv Subdivision No. 2 (Time Extension Dear Shari: This is a formal request for a time extension on the preliminary and final plat of Turnberry Subdivision No 2. The City Council approved the final plat for Turnberry Subdivision No. 2 on January 19 2000. We respectfully request placement of this item on Council agenda for their review and approval. Please call me if you have any questions. Sincerely, Steve Arnold Project Manager/Land Use Planner CC: project file j~,ECEIVEj~ 980604 timeext.sra 1800 WesT"uverland Road Boise, Idaho 83705 - 3142 Voice (208) 344-9700 ~. pt-pp ~ Fax (208) 345-2950 E-mail briggs~micron.net JAN ~ ~ zoos CITY OF MERIDIAN CITY CLERK OFFICE '~~4 Z Q W ~ j ~=M ~~~~ II~ I` ~ C M 0 0 ~ :~ ~ •~ s ~ U_ r O. O ~ a H Q F- Q o ~ o ~ L ~ Q. vi . O a ~~ ~ w: = d U °, ~ a o Z O w a e W C A. _ ~ - U in J M ~ Q _ •~ ~ y ~~ o as o v ar a. ~m 0 N ~ ~ x ~ Q ~ a M n U \ J ~ C R ~ L E z ~ e N D ~ d ~ ,. m .u ~ I_ ~ D ~ o z Q ~ ~' .z,. O 320~f56 EN ~NEE~~NC ~ - 32056 BRIGGS ENGINEERING, INC. FIRST SECUgITY BANK, N.A.' B R I G G S X800 WEST OVERLAND ROAD Boise, Idaho 63730 BOISE, IDAHO 83705 92.6/1241 ~ N c. (208) 344-9700 . THE SUM OF ONE HUNDRED DOLLARS 001100 ONLY PAY CITY OF MERIDIAN TO THE ORDER OF 01/11/2001 $100 00 II'03 2056t1• r; ~ 24 L00064~:003 000 LO 1011' % ~' `~' ~~ To: Shari From:Gary D.~Smith, PE CC file Date: 09/25/00 Re: CTurnberry Subdivison.No.2 -Final Plat Landscape Plan Here is a landscape plan for this subdivision that I received last Friday from Briggs Engineering. I would appreciate it if you or one of your planners could review it and let me know if it is acceptable. I will be reviewing the final plat for signature in the next day or so and the landscape plan approval is one of the conditions required by City Council prior to me signing the plat. Thanks for your help. Gary a, i From time desk of... Cary D Smith, PE Meridian Citq Engineer Meridian Public Works Department 200 E Carbon St, Suite 100 Meridian, Idaho 83642 2600 (208)887-2211 • Page 1 , Fax (208) 8s~ 1297 z ~:... ROBERT D. CORRIE CITY OF MERIDIAN Mayor PUBLIC WORKS /BUILDING DEPARTMENT GARY D. SMITH, PE. Public Works Director September 11, 2000 Mr. Steve Arnold Briggs Engineering, Inc. 1800 W. Overland Road Boise, Idaho 93705 RE `Turnber y Subdivision No.2 -Final Plat ~~ Dear Steve: ~CE~i~ [ ~ S ANDERSOU,Nr~ CIT'9Kt~l~'I PL~`t1v' ~G CHERIE MCCANDLESS I have reviewed the final plat transparencies for this subdivision that you submitted, along with the contractor bids for landscaping and fencing. I have also reviewed my project file for this plat. As a result of these reviews I have the following comments: The following items are to be included in the total dollar amount of off-site improvements needing to be guaranteed with a Letter of Credit in favor of the City of Meridian: a. Street Lights: 8 at $1`500 = $12,000 b. Sanitary Sewer System: (Contractor Bid) _ ? c. Domestic Water System: (Contractor Bid) _ ? d. Pressure Irrigation System: (Contractor Bid) _ ? e. Fencing: (Contractor Bid) ~ _ $36,982 f. Landscaping: (Contractor Bid) _ $25,651 (The Letter of Credit shall be in an amount of 110% of the total of the above items.) 2. Developer needs to submit a cash deposit to the City of Meridian to guarantee installation of the sewer and water lines that will need to be extended to this developments west and south , property lines when adjacent properties develop that will be accessed by N. O'Conner Ave., W. Tournament Dr., and W. Classic Drive. 3. Developer needs to pay a City water assessment for landscape irrigation of aII Common Areas. 4. An executed Agreement Addendum with the Nampa & Meridian'Irrigation District needs to be submitted by the developer for operation and maintenance of,the`pressurized irrigation system for this phase. 5. Information needs to be submitted to the City for installation of engineered backfill as required in the final plat review comments prepared by City of Meridian staff. 200 East Carlton, Suite 100 Meridian, Idaho 83642 Phone (208) 887-2211 Fax (208) 887-1297 ~.. 'y . ~ ~' 6. Developer needs to submit written evidence of acceptance of financial guarantee by the Ada County Highway District for this development's share of future construction of street crossings over the Safford Lateral. (N, O'Conner Avenue; W. Tournament Drive; W. ` Classic Drive.) 7. The plan for landscaping and walkways in the Common Areas shall be submitted to City Planning and Zoning for their approval. Letter of approval shall be copied to me. ; When these items have been addressed as requested I will sign the plat and send it onto the City Clerk for his signature. For your information and review I am enclosing a copy of City staff comments with a copy of Briggs Engineering response to these comments. If you have any •questions please give me a call. S" erely, R Gary .Smith, PE - City Engineer Pc: file,~hari Stiles s .~ _ _ :T,~ M` ,~ ' ,, t r 1 , ~. JUN 08 '00'1832 FR"CITY OFMERIDIAN 208 884 4259 TO P-AN -. P.01101 ~~ CENTRAL .. •~ Di57'RICT X11" H EALT H - ~ __ DEPARTMENT MAIN OFFICE ~ 707 N. ARMSTRONG Pl • B015E, ID 83704-0825 • (208?JJ5-521 ~ ~ FAX 527.8500 ~ Tip prevea'rl merl treat disease aRd disdhility; rn p,•umote 11ea1dty lifestyles; rrrrd to protect and prwnore e6e l,ealtll rend quality of our ertvircnu~eue. 00-0411 ~'iCEIV~~ JUN ' - 8 2000 June 7, ?000 CITY' OF' MERIDIAN , David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 - ~ Y Rl;: ~Tur`z~bezry#2`Subliivision Dear Mr. Navarro: Central District Health Department, Environmental Health Division, has reviewed and does , approve the final plat on this subdivision for central water and central sewer facilities. Final " approval was given on June 6, ?000. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, ~~~f ~, .~~~~~~ - Michael H. Reno Senior Environmental Health Specialist cc_ Department of I-Iousin;g and Urban Development City of Meridian Benchmark Land Company Briggs Engineering, Inc. MIZ:js , Servin~Yalley, Elrr:ore, Boise, and Ada Counties Ada / 9oise County Office Ada•WiC Sal®IlitA Office Elmore County Office Valley Counfy Office 1 st Street 703 N 707 N. Armsrong PI, 10 8370a Bosse 1606 RObOft St, Bosse, 10 83795 520 E. 8th Stress N. Mountain Home, 10 83647 . P.O. Box 1 ddb , , pnvin~. HeOltllt 327-7d9~ :: , Ph. 33a-3355 Envlro. Health: 587-9225 MCCol6 IC~• 83438 FumIW Plonning~ 327-7d00 FAX: 334-3355 Family Health; 587.4407 WIC; 587.4409 ' Pn. 694-7194 FAX: 634-2174 ImrllunlZOtlong; 327.7450 Senior Nutrition: 327-7440 FAX: 5873521 WIC: 327-7488 FAX: 327-8500 ~}.. ~ - BEFORE THE MERIDIAN CITY COUNCIL ° "" ~;t3 x -~.)~.AN IN THE MATTER OF THE ) APPLICATION FOR ~ ) PRELIMINARY AND FINAL ) PLATS FOR~.T'.'L°1RN'B~ERRY ~ ) ~SUB'DIVIS,ION-NO~'2 ) LOCATED WEST OF ) BLACKCAT ROAD SOUTH OF) USTICK, MERIDIAN, IDAHO ) BY: BENCHMARK LAND ) COMPANY ) CASE NO. ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE PRELIMINARY AND FINAL DEVELOPMENT PLAN This matter coming on regularly before the City Council on the 4`h day of January, 2000, upon the Applicant's time application for a one (1) year extension within which to submit the Preliminary and Final Development Plan as provided in Meridian City Code § 12-3-6 B, and good cause appearing: IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted a one (1) year extended period of time from the date of this Order within which to submit the Preliminary and Final Development Plan for the above entitled subdivision application. ORDER GRANTING A ONE (1) YEAR TIME -PAGE 1 OF 2 EXTENSION FOR FILING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS • • By action of the City Council at its regular meeting on the 4``' day of January, 2000. DATED this ~~day of ~G~~~-G~ ~ 2000. ay Robert D. Corrie Copy served upon Applicant, Planning and Zoning Department, Public Worlcs Department and the City Attorney. t ~ O By: ~:....,.. r Dated: ~~ ~~~ City Clerk `\~~t~~,~~~u~ ~r~rtt~~',' ,, G~ ~G~R~QRgT~ ti ~: .~ ~ O msg/Z:\Work\M\Nteridian I5360M\Turnberry Sub 2 Time Esten\OrderGrantOneYrTimeExt = SEAL - o"' .,~ ~ `~ ,~P `,. rr;rrss~ttit;t~~~ ORDER GRANTING A ONE (1) YEAR TIME -PAGE 2 OF 2 EXTENSION FOR FILING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS ~.4~ , .,,~, ~. Meridian City Council~ting January 4, 2000 Page 12 acknowledge it. Thank you for your integrity as a leader and a vital member of this community; January 4, 2000. Rountree: I'm not sure what I'm going to do on Tuesday nights. After 12 years in various capacities of City (inaudible). I really appreciate the opportunity to service Meridian through this rather dynamic change that's gone through in the last few years. (inaudible) never been able to do it without the staff (inaudible) few people, Planning and Zoning folks that I see, past and present out there, it's just been a tremendous, tremendous opportunity for me and a pleasure. Bentley: I'd like to thank everybody, too, for the support. Staff, of course, the people up front here that have helped me learn a lot about the City and the (inaudible). i'll be around-doing different things. Charlie, I already know what I've got to do on Tuesday nights. 1've got two fly rods to build and I've (inaudible) about five years of flies. Thank you all. We'll see you around. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I'd like to thank the retiring Councilmen for the leadership and the help they've been to me, and I'm sure that Ron echoes the feelings, and we just want to say a big thank you for everything you guys have done for us. Anderson: I echo that. And I'll tell you more in private. deWeerd: Mr. Mayor. Corrie: I was trying to think - Mrs_ deWeerd. deWeerd: Can you just cal! me Tammy? I love that name, Honey, but - I just wanted to thank both Glenn and Charlie. !'ve served with both of them in different capacities and have teamed a lot. I'd like to think that Charlie is a big role model of mine. I've appreciated the time I've served with him. First and foremost, I'd like to thank my husband. Without his support, I couldn't do a lot of the things I do with the City. I appreciate that. I'd also like to recognize two other family members. My husband's brother and his wife are here from the Netherlands. They are leaving to go home tomorrow.. !'d like to thank them for being here tonight. Also, all the rest of my friends, my son, Bart, all the rest of my friends that have supported me this last fall and for years before that. Thank you. ITEM '11. RequestPfor_extension' of 1/14/99 approval of prelimiria`ry and final _plat, for Tumbenry Subdivision No. 2 by Benchmark Land Company (Briggs Engineering): ~r~'f Meridian City Council~eting January 4, 2000 - Page 13 Cowie: Anyone else? Okay. Down to work, now. Okay. Item No. 11. This is request for extension of 1 /14/99 approval of preliminary and final plat for Turnberry Subdivision No. 2 by Benchmark Land Company, Briggs Engineering. Staff, any comments, Gary, Shari, in reference to this extension? Shari: No, sir. Cowie: Okay. Council? Bird: Mr. Mayor. They are within their time limit, right? Cowie: Yes, they are. Bird: And they are just asking for another year's extension? Corrie: Right. They have - Bird: I have nothing, then. Corrie: Okay. Hearing none, I'll entertain a motion on the request for extension of Tumbeny Subdivision No. 2. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve your request for the extension of one year to Turnberry Subdivision No. 2 by Benchmark Land Company, Briggs Engineering. Anderson: Second. Corrie: Okay. Motion is made and seconded to approve the request for extension of the Turnberry Subdivision No. 2 by Benchmark Land Company. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 12. Presentation by Erv Olen with COMPASS and Pat Nelson with ACRD Commuter Ride on shuttle bus service between Meridian and downtown Boise with one stop at Meridian St. Luke's Hospital: Corrie: Item No. 12 is a presentation by Erv Olen with COMPASS and Pat Nelson with ACRD Commuter Ride on shuttle bus service between Meridian and downtown Boise with one stop at Meridian St. Luke's Hospital. Welcome aboard. US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. !' ~ • December 30, 1999 MERIDIAN CITY COUNCIL MEETING: JANUARY 4, 2000 APPLICANT: BENCHMARK LAND COMPANY AGENDA ITEM NUMBER: 1 1 REQUEST: REQUEST FOR EXTENSION OF THE Ol /14/99 APPROVAL OF FINAL AND PRELIMINARY PLATS OF TU RN BERRY-SU BDIVISIO N'NO`2 AGENCY COMMENTS CITY CLERK: SEE ATTACHED 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: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~.. ENGINEEIt~S /PLANNERS /SURVEYORS November 30, 1999 Ms. Shari Stiles City of Meridian 200 E. Carlton Street, Suite 100 Meridian, Idaho 83642 Re: Turnberry Subdivision (Time Extension) Dear Shari: ~Y. Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEI-Idaho@msn.com This is a formal request for a time extension on the preliminary and final plat of Turnberry Subdivision. The City Council approved Turnberry Subdivision No. 2 on January 14, 1999. The applicant needs additional time to process the final plat. We respectfully request placement of this item on Council agenda for their review and approval. Please call me if you have any questions. Sincerely, BRIGGS ENGINEERING, Inc. Becky Bow Land Use Planner BLB:fc Enclosure: $100.00 for Time Extension fee 980604/Tim eExtension- ltr • • REcE~D FEB 0 5 1999 ~~ ~~ ~~.rnrAN PANNING & ZQNING BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF BENCHMARK LAND COMPANY, APPLICATION FOR FINAL PLAT FOR TURNBERRY NO. 2 SUBDIVISION, WEST OF BLACK CAT, SOUTH OF USTICK ROAD AND EAST OF MCDERMOTT, MERIDIAN, IDAHO ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to § 11-9-604 H Municipal Code of the City of Meridian this .19`'' day of January, 1999, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from which are herein found fair and reasonable, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: , 1. The Final Plat of as evidenced in Plat bearing the job reference #980604\TBR2-PLT BIB 09/21/98, Sheet 1 of 2, is Conditionally t Approved subject to those conditions of Staff comments as set forth in ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FORCTU_ RNBERRY~ ,~N0:~2=SUBDIVISION" 1 i ~ the Memorandum to the Mayor and City Council from which are herein found fair and reasonable, a true and correct copy of which is attached hereto marked Exhibit "A" and by this reference incorporated herein with the additional requirements that: 1.1 All codes will need to be met. 1.2 Street name signs need to be installed before construction is started. 1.3 All common lots will need to be kept clear of trash and weeds. 1.4 Roads need to be constructed before building is started. 1.5 After written approval from the appropriate entities are submitted, the central sewage and central water can be approved. 1.6 Plans must be submitted to and approved by the Idaho Department of Health &. Welfare, Division of Environment Quality for central sewage and central water. 1.7 Run-off is not to create a mosquito breeding problem. 1.8 Stormwater to be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.9 The engineers and architects involved with the design of the project shall obtain current best management practices for ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TURNBERRY NO. 2 SUBDIVISION - 2 ' • stormwater disposal arid design a stormwater management system that is preventing groundwater and surface water degradation. 1.10 Any encroachments must be covered with a license agreement. 2. The final plat upon which there is contained the Certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate performance bond has been issued guaranteeing the completion of off-site improvements. By action of the City Council at its regular meeting held on the 19`'' day of January, 1999. By: f ~ ~~ f ~__ OBERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public WOr1cS D artment. \l;,,t,,iai~,a~rr,,Jf~`~, B ~ ~ Dated: / -l ~~ `L' City Cleric ~ ~ TT msg/D:\NlyFiles\Meridian City File\Findings2\ORDER OF CONDITIONAL APPROVAL\ORDER CONDI~'ION LY ~~L 9 ~M APPROVING PRELIMINARY PLAT\Benchmarlc Land Company Turnberry No 2.wpd a 9G> LS`j ig~[ . ~ O . .~ ''~~ CdUtJ s Y . ~9,~•~'~ >~~~~ir~rrrr rti ~i~t~~~~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TURNBERRY NO. 2 SUBDIVISION - 3 • ~~tayor ROBERT D. CORRIE ~ .n it M m rc CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH B[RD MEMORANDUM: HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83612 Phone (208) 888--1=133 • Fax (208) 887-4813 To: Mayor and City Council From: Bruce Freckleton, Assistant to City Engineer C~ ` Shari Stiles, P&Z Administrator ~~ Re: TURNBERRY SUBDIVISION NO. 2 (Final Plat by Benchmark Land Co.) LEGAL DEPARTMENT PUBLIC WORKS BUILDING DEPARTMENT PLANNING AND ZONING DEPART~IE VT (~03) 8S-l-iSi3 a January 14, 1999 ~ECEIVED ,lA~J 1 ~ 1999 City- of _lleridian City Clerk Office 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, unless a variance has been granted . Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Submit a plan approval letter to the Public Works Department from the entity having jurisdiction over design and construction of the pressurized irrigation system. A letter of 'credit or cash will be required for these improvements prior to signature on the final plat. 4. Indicate on the final plat map any FEMA Flood Plains affecting• the area being platted, and detail plans for reducing or eliminating the boundary. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. 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. Tumberry Subdivision No.2.FP ~. m ~, ~,~. ~ Mayor and City Council 1/14/1999 Page 2 7. Please address, in written form, all items contained in this memorandum (both General and Site Specific) and submit to the City Clerk's office by 5:00 PM, January 18, 1999. Prior to development plan approval, three copies of the revised plat must be reviewed by the Public ` Works Department for compliance with all conditions of plat approval. r SITE SPECIFIC COMMENTS 1. This final plat generally conforms to the`approved preliminary plat: 2. Six-foot-high, non-combustible, permanent fencing is required to be in place along the subdivision boundary. A delineating fence shall be installed around°the perimeter of all common areas. Fencing shall be installed on lot lines and not within common azeas. A letter of credit or cash will be required for these fences prior to signature on the final plat. Submit for approval detailed landscaping plans, including sizes and species of vegetation and fencing details, for all common azeas. A letter of credit or cash will be required for these improvements prior. to signature on the final plat. All landscaping and pedestrian walkways are 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. Applicant shall be required to install five-foot-wide sidewalks along the entire Black Cat Road frontage of this development. Sidewalk along the frontage of Turnbenry Subdivision No. 1 will be required prior. to obtaining certificates of occupancy, as the improvements were not completed in that phase. 5. Sanitary sewer service to this site will be via an extension of the mains installed as part of the first phase of this development. 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 existing mains installed as part of the first phase of this development. 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. We have been experiencing lower than desirable fire flows in this vicinity: With the development of this phase of Tunnberry Subdivision and Ashford Greens Subdivisions Nos. 3 & 4, the flows will be further degraded. It is anticipated that, when the 10" diameter water main is installed between the Lakes at Cherry Lane No. 4 and Ashford Greens Subdivision, this low flow situation will be resolved. 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. Tumbeny Subdivsion No1.FP s Mayor and City Council 1/14/1999 Page 3 • Please add or revise the following notes: (13) DELETE (this note is covered in the last sentence of note 8) (14) ...Lot 1, Block 11 are variance lots. were granted a variance to the minimum lot frontage requirements of the City of Meridian. (15) All lots within this subdivision are subject to the terms of a development agreement recorded as Instrument No. ,records of Ada County, Idaho. 9. Add "City of Meridian" to the situate statements on the plat, and Certificate of Owners legal description. 10. Graphically depict, or describe by note, ten-foot-wide public utilities, drainage and irrigation easements adjacent to rear lot lines. Graphically show five-foot-wide easements along the side lot lines adjacent to the subdivision boundary: Lot 2, Block 4; Lots 20 & 24, Block 5; Lots 14 & 28, Block 6; Lot 3, Block 1; and Lots 5-7, Block 9. 11. Lot 3, Block 1, and Lot 6, Block 4, don't meet the minimum frontage requirement of the City of Meridian and a variance was not granted on these lots. Please adjust these lots to conform. 12. Add the "NW Corner, NE '/4, SE I/4, Section 4" identification to the appropriate point on the face of the plat. 13. Revise the "1998" date on the plat to read "1999." 14. Provide documentation from Ada County Highway District that bonding has been provided for future crossings of the Safford Lateral prior to signature on the final plat. This documentation needs to be provided by a detailed letter/description from Ada County Highway District and not merely by the Highway District's signature on the final plat. Turttberry Subdivision No2.FP ` REcE~D SUB~VISION EVALUATION S44EET FEB 0 1 1999 CITY OF IVIERIDIAN Proposed Development Name rTURNBERRY~NO" 2 ~ City Meridi~~~C & ZONING Date Reviewed 01/28/99 Preliminary Stage Final XXX Engineer/Developer Briggs Engr. /Benchmark Land Company The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing stn?et names shall appear on the plat. "NORTH BLACK CAT ROAD" "W. CLASSIC DRIVE° "W. CHARLES STREET° "W. RAVENSCROFT STREET° "W TOURNAMENT DRIVE° "N. O'CONNER AVENUE" "N MONTGOMERY AVENUE" 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 COMMITj~, AGENCY EP ESENTATNES OR DESIGNEES ` ) ,~ / LL'1 ~~ ~.2~~ Date ~ ~ C1 Ada County Engineer John Priester ~~~ ~ _ i,f., ~ ~ - ~ ~ ~ ~ Ada Planning Assoc. Ann Hurley ~ - ,~~ Date ~ - ~ ~ -_~1C1 City of Meridian Representative ~ Date ~ ~ ~ ' ~ Fire District Meridian Representative ~. Date C' r^ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!I! Sub Index Street Index 3N 1 W 4 Section ` ~ , - ~. NUMBERING OF LOTS AND BLOCKS ~~ e~~,~'~~ / % ~/ TR~SUBSISM_CITY.FRM RIECErVE J BRJGGS E~NEER1NGr ~nC. 1800 Wes~verland Road y " Boise, Idaho 83705 - 3142 ~ ,~ At .' ~, ,,,, ~, f, ENCINEF7tS/PLANNEJ~S/SURVEYORS Voice (208) 344-9700 ~~~~~' ~ ~ ~=':;;" Fax (208) 345-2950 E-mail BEldaho@Compuserve.c~TY OF MERIDIAN January ] 9, 1999 Post-its Fax Note 7s~1 ~ Tu ~ c~ ~ ~ Mr. Bruce Freckleton co. p~. Assistant to City Engineer Phone # , ~ 33 E. Idaho Street Fexn , ~~~~~ an/1 Meridian, Idaho 83642 --- ~~ ~ l Re: Turnberry Subdivision #2 (Final Plat)-Comments for City Council Hearing Dear Bruce: This letter is in xesponse to your memo to the Mayor and. City Council dated January 14, 1999. The following comments correspond to the numbering in your memo: General Comments: 1. Understood-A variance was approved with respect to the tiling of the Safford Lateral however, all other ditches will be appropriately tiled as noted in the plans. 2. Understood-Any domestic wells or septic tanks within this phase will be removed or used as al]vwed by City ordinances. 3. Understood-Plan approval from the appropriate Irrigation District wi]l be submitted as required. 4. Understood-lf applicable, FEMA infi~rmation will be added to the final plat. 5. Understood-Fire Hydrant placement will be finalized with the Department of Public Works. 6. Understood-Street name and Z,ot/Biock numbering approvals will be submitted as requested. 7. No response necessary. Site Specific Commcnts~ ]. No response required. 2. ~(]nderstood-All fencing ~~111 be installed as required or as otherwise allowed by the variance granted by City Council. 3. Understood-Landscape plans will be submitted as required. The client understands that all landscaping and pedestrian paths must be completed prior to obtaining certificates of occupancy. 980604\Final Plat comments JAN 19 '99 12 05 PAGE. 01 4. Understood-Sidewalks will be installed as required. In addition, the client understands that all of the sidewalk on Black Cat 12oa,d (Phase 1 and Phase 2) must be completed prior to the issuance of any Certificates of Occupancy in Phase 2. 5. Ynderstood-Sanitary Sewer will be constructed as requixed. Sizing and location of lines will be coordinated with staff. 6. Understood-Domestic ~%ater lines will be constructed as requixed. Sizing and location will be coordinated with staff. 7. Understood-Installation of the facilities mentioned will be installed as required (prior to ' obtaining building permits in Phase 2). 8. Understood-The appropriate notes will be modified or added as required. 9. Understood-This statement will be added to the back of final plat. 10. Understood-The easements will be graphically depicted on the plat. 11. Understood-The lot frontages will be adjusted as necessazy to address the frontage requirements. I2. Understood--This reference will be added to the face of plat. 13. Understood-We will change the date to l 999. 14. Understood-ACRD info and a separate letter of approval will be submitted regarding the future crossings. 1 hope these responses address your concerns. However, don't hesitate to call me if you have any questions. Sincerely, Bl< V Pr cc: Inc. Manager Stan McHutchison John Knight, Benchmark Land Company 9S06U4\Final Plat comments TOTAL P.02 JAN 19 '99 12 05 PAGE.02 • • MERIDIAN CITY COUNCIL MEETING: JANUARY 19. 1999 APPLICANT: BENCHMARK LAND COMPANY ITEM NUMBER: 10 REQUEST: FINAL PLAT FOR TURNBERRY NO. 2 SUBDIVISION ~~A~~ C,Dy~YneY1~'S AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD MEMORANDUM: To: Mayor and City Council From: Bruce Freckleton, Assistant to City Engineer c~/ Shari Stiles, P&Z Administrator ~~ Re: TURNBERRY SUBDIVISION NO. 2 (Final Plat by Benchmark Land Co.} LEGAL DEPARTMENT ~2os~ 8sa-426a PUBLIC WORKS BUILDING DEPARTMENT IZOS~ ss~ ~~ t 1 PLANNING AND ZONING DEPARTMENT (208)884-5533 January 14, 1999 ~ECEIVEp .IAN 1 ~ 1999 Citt• of Jleridian City Clerk Office 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, unless a variance has been granted . Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Submit a plan approval letter to the Public Works Department from the entity having jurisdiction over design and construction of the pressurized irrigation system. A letter of credit or cash will be required for these improvements prior to signature on the final plat. 4. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. 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. Tumberry Subdivision No.2.FP Mayor and City Council 1 / 14/ 1999 Page 2 • 7. Please address, in written form, all items contained in this memorandum (both General and Site Specific) and submit to the City Clerk's office by 5:00 PM, January 18, 1999. Prior to development plan approval, three copies of the revised plat must be reviewed by the Public Works Department for compliance with all conditions of plat approval. SITE SPECIFIC COMMENTS 1. This final plat generally conforms to the approved preliminary plat. 2. Six-foot-high, non-combustible, permanent fencing is required to be in place along the subdivision boundary. A delineating fence shall be installed around the perimeter of all common areas. Fencing shall be installed on lot lines and not within common areas. A letter of credit or cash will`be required for these fences prior to signature on the final plat. 3. Submit for approval detailed landscaping plans, including sizes and species of vegetation and fencing details, for all common areas. A letter of credit or cash will be required for these improvements prior to signature on the final plat. All landscaping and pedestrian walkways are 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. .Applicant shall be required to install five-foot-wide sidewalks along the entire Black Cat Road frontage of this development. Sidewalk along the frontage of Turnberry Subdivision No. 1 will be required prior to obtaining certificates of occupancy, as the improvements were not completed in that phase. 5. Sanitary sewer service to this site will be via an extension of the mains installed as part of the first phase of this development. 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 existing mains installed as part of the first phase of this development. 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. We have been experiencing lower than desirable fire flows in this vicinity. With the development of this phase of Turnberry Subdivision and Ashford Greens Subdivisions Nos. 3 & 4, the flows will be further degraded. It is anticipated that, when the 10" diameter water main is installed between the Lakes at Cherry Lane No. 4 and Ashford Greens Subdivision, this low flow situation will be resolved. 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. Tumberty Subdivision No.2.FP • ,~ Mayor and City Council 1 /14/ 1999 Page 3 k 8. Please add or revise the following notes: (13) DELETE (this note is covered in the last sentence of note 8) (14) ...Lot 1, Block 11 are variance lots. were granted a variance to the minimum lot frontage requirements of the City of Meridian. (15) All lots within this subdivision are subject to the terms of a development agreement recorded as Instrument No. ,records of Ada County, Idaho. 9. Add "City of Meridian" to the situate statements on the plat, and Certificate of Owners legal description. 10. Graphically depict, or describe by note, ten-foot-wide public utilities, drainage and irrigation easements adjacent to rear lot lines. Graphically show five-foot-wide easements along the side lot lines adjacent to the subdivision boundary: Lot 2, Block 4; Lots 20 & 24, Block 5; Lots 14 & 28, Block 6; Lot 3, Block 1; and Lots 5-7, Block 9. 11. Lot 3, Block 1, and Lo`t 6, Block 4, don't meet the minimum frontage requirement of the City of Meridian and a variance was not granted on these lots. Please adjust these lots to conform. 12. Add the "NW Corner, NE '/a, SE %4, Section 4" identification to the appropriate point on the face of the plat. 13. Revise the "1998" date on the plat to read "1999." 14. Provide documentation from Ada County Highway District that bonding has been provided for future crossings of the Safford Lateral prior to signature on the final plat. This documentation needs to be provided by a detailed letter/description from Ada County Highway District and not merely by the Highway District's signature on the final plat. Tumberty Subdivision No2.FP • ** TX STATUS REPORT ** AS OF .TAN 14 '99 14:54 PAGE. 01 PUBLIC WORKS DATE TIME TOiFROM MODE MINiSEC PGS CMDtt STATUS 32 01114 14:53 3452950 EC--S 01'34" 004 208 OK --------------------------------------------------------------------------- 200 E. Canton SL. Swte 100 Meridian, Idaho 83A42 Phase; (208) 887-7211 Fax (208) 887-1297 Fa~c To: Van EJg -Briggs Engineering, Inc Front Bruce Frecldeton ~~_~ o----- Fax: 345-2950 Date: January 14, 1999 Ptrons: 344-9700 Pagss: Four w! Cover R~ 7umbefry Subdivion No. 2 CC: File D Urgent D For Review ^ Please Comrneet X Please Reply X As Requested •comme+rts: Allactted you will find staff commerrts forttte above mentioned development. FYorv the desk of.. Brace A Pbecldetoa Assistant to the Ciry Engineer Meridian Pubfic Works Dcpsl~ent 200 E. Carlton St, Suite 100 Meridian, Idaho83642-2600 (208) 887-2211 Fsrc (208) 887-1297 btayor ROBERT D. CORRIE u cil Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD • HUB OF TREASURE VALLEY A Good Place to Live CITY (JF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 88$-4:133 • Fax (208} gg7-4813 LEGAL DEPARTMENT (208) 33.1--1_6-t PUBLIC WORKS BUILDING DEP.-~RTMENT c2osl ss~-221I PLANNING AND ZONING DEPARTMENT (208) 83.1-i;3i 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 Ha11, Attn: Wi11 Berg, City Clerk by: January 12, 1999 TRANSMITTAL DATE: December 22. 1998 HEARING DATE: January 19, 1999 FILE NUMBER: FP-98-102 REQUEST: FINAL PLAT FOR TURNBERRY NO. 2 SUBDIVISION BY: BENCHMARK LAND COMPANY LOCATION OF PROPERTY OR PROJECT: WEST OF BLACK CAT, SOUTH OF USTICK ROAD AND EAST OF MCDERMOTT 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 iKEITH 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 C0.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GA5(PRELIM & FINAL PLAT} BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA,~OUNTY (ANNEXATION) YOUR CONCISE REcE~D ~~ J ~ ~ ~~~ CITY OF iVIER.IDIAN Mayor ~~ HUB OF TREASURE [/ALLEY l~,y ROBERT D. CORRiE A Good Place to Live LEGAL DEPART~tEMT ~244.acil iy[embers CITE OF MERIDIAN PUBLIC \VORKS CHARLES ROUNTREE 33 EAST IDAHO - BUILDING DEPARTtiiENT GLENN BENTLEY c'os> ss~-» I I MERIDIAN, IDAH0;83642n l l ^- `' RON ANDERSON ^ d r ' Phone t?O8) 838-4433 • Fax (208) 887¢4( V ~ ~ M ~~-•?N D ~ONfNG KE[TH BIRD DEPART~ ~ ! DEC 2 8 1998 `f I'08) 84-i-i33 ~itiy 9f Meridian 4ity Clerk Office TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and- recommendations will `be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: -January 12, 1999 TRANSMITTAL DATE:- December 22. 1998 HEARING DATE: January 19, 1999 FILE NUMBER: FP-98-102. REQUEST: 'FINAL PLAT FOR TURNBERRY NO. 2 SUBDIVISION BY: BENCHMARK LAND COMPANY ` ,i .. LOCATION OF PROPERTY OR PROJECT: WEST OF BLACK CAT, SOUTH OF USTICK ROAD AND EAST OF MCDERMOTT I _ 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 V.S. WEST(PRELIM & FINAL PLAT) -GLENN BENTLEY, C/C ~ INTERMOUNTAIN GAS(PRELIM & FINAL PLAT} -WATER DEPARTMENT G BUREAU OF RECLAMATION(PRELIM & FINAL) SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT ~ AFIRE DEPARTMENT YOUR CONCISE ADA COUNTY (AN EXATION) REMARKS: /~ - ~- ~-~ / O POLICE DEPARTMENT ~ ~ + +CITYATTORNEY 1 C., ~/,~~5 WiCL..~/ p / -CITY ENGINEER _CITYPLANNER 5° h~~- Af~~ Sics~u s ti~-~~ s to ! ~,~s•{af/-+~ -CITY FILES ~TO~ COiVS'f~.,,'` ~ •/ ! ~ ~/54n~-e ~iL eQmL~BI/ w i li /U JL°~ ~ ~-~ ' ~¢.. fir. f C' r:..l~~. r ' T~s ~j ~r ~J~ Srr~ /O~(~- S ~ /~.Q-~ C l/V 3 c(Lne c~ ~ti.~ r u tr~`? tV ~,je/~~Q (e7u.l l C7`t~'j <(S S ~4•Z'-r-`I~ C~ . ~~~-~~- -~-. • ' HUB O ; TR SURE VALLEY ~; LEGAL DEPARTMENT Mayor p ood lace to Live (Zo8) 8s4-~~~ ROBERT D. CORRIE ~~T.,r ~ `i. Y ~~m'{ /, N 1.1J iL~l ~ PUBLIC WORKS BUILDING DEPARTMENT ~o~nc;l Members 3 E T IDAHO (2oa> 8s7-221 I CHARLES ROUNTREE ME , jDAFiO 83642 PLANNING AND ZONING GLENN BENTLEY Phone (20 888 33 • Fax (208) 887-4813 DEPARTMENT RON ANDERSON (208) 884-Si33 KEITH BIRD RANSMITTAL TO AGENCIES FOR COMMENTS ON DE LOPMENT PROJECTS T WITH THE CITY OF MERID To insure that your comments and recommendations wit{ be considered by theto Meridian City Council, please submit your comments and recommendatlons Ci Clerk by: Janua 12 1999 Meridian City Hall, Attn: Wilf Berg, tY SMtTTAL DATE: December 22 1998 HEARING DATE: January 19 1999 TRAN FILE NUMBER: FP-98-102 _ __ __.....~~.~n~~ ~. ,; i t i .. i. t ~: r . ( ~~ ! .~ i : ~. :; ~ ~t ~ .. i i . ,~ i ..~ s ; `~ j r:';: a 1 ~'' y;'~ 1 :,~;~, ~.i f:: , `,`,_~ ~~: .~~_ ~~ . ~~ REQUEST: FINAL r~A ~ rvR ~ v'"'---' -- - - . gY; BENCHMARK LAND COMPANY CK CAT SOUTH OF USTICK LOCATION OF PROPERTY OR PROJECT: WEST OF BLA f TAMMY DE WEERD P2 MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P2 `KEITH BORUP, P2MAYOR !ROBERT CORRIE, IRON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, CiC WATER DEPARTMENT SEWER. DEPARTMENT ~'BUILD{NG DEPARTMENT _FiRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER `C{N PLANNER CITY FILES ~_,MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION (CENTRAL DISTRICT HEALTH fNAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGA710N DISTRICT fAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PREUM & FINAL) _~ IDAHO TRANSPORTATIONON)EPARTMENT _ ADA COUNTY NN YOUR CONCISE REMARKS: ~ ,~~ __`_ . ~ ti _ ..~ ,..: ~s CITY OF MERIDIAN r r~ . ~~ ^ r .. is _ . CENTRAL CE •• DISTRICT ~R'HEALTH DEPARTMENT Rezone # Conditional Use # Preliminary Final hort Plat RAL DISTRICT HEALTH DEPA~ Environmental Health Division Return to: ^ Boise ^ Eagle ^ Garden City ® Meridian ^ Kuna ^ Acz ^ I. We have No Objections to this Proposal. V ^ 2. We recommend Denial of this Proposal. CIZ`Y OF DZERIDIAN ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ® central sewage ^ community sewage system ^ community water well ^ interim sewage (~ 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: ® central sewage ^ community sewage system ^ community water ^ sewage dry lines ~ central water 0 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store © 14. s £ 2 Cj~- y-~ch ed f ~ C ~ fylf~l-~!'ICII ~l or+ ~v' Date: / / .S'TO f''/!7 (~/Gt.T ~P lam' ~7//CC /7 /G Gl E'-h1 ~yj i !/~ '~``I r.S/ Reviewed By: g ~''~ G.. G/ i ?'~ .Sri e1 ~/ O W !j (9Lj .S' ~~fd/!l! l , ~i'I CL Gf~~ T~ `; ENT ~~~, ~a CDND 10/91 ~~. «~.,,9t Review. Sheet ~~, ~,E,VTRAI O• DISTRICT . ~f'HEALTH DEPARTMENT MAIN OFFICE • i0i N. AR^~ISiRO(`16P!. • BCISE.103J7C3-08.5 ~(~C9)J7~•5?II •~~;c3:?•8~G0 Tu prerrnt aru! treal disease aad disubifity; tv pronwtr Irealtlcy lifestyles; arrd ru protect arrd promote der kralt/c arrd grraliN of veer rrrvi~wunrnr. 4 .- STORltiItiVATER l~I.~vAGE>tiIENT RECOivII~IENDATIONS T~ 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. 1Vlanuals 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. • f 2) stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. E stormwater 3/98:d1y I f Adc /Boise County Otfice 707 PI. Armsrcng PI. anise. Ip a370d Enviro. H9CIth: 327.7499 Fcmdy Plcnr.:ng: 32iJCC0 Imrr. unizctiers: 327.70~C Sec:cr ~~lutnricn: J27Ja60 ~PiIC ]27•Iea,9 FAiC ]27-?°CO Serving galley, Elmore, Boise, and Ada Coccntles ' Ada-W1C Scteliite Office Elmore County Otffce 1606 RcCers 520 E. ath Street N. anise IG a3i05 ~ Mountcin Hcme. 10 836a7 . Ph. JJa-JJSd Enviro. Heclth: Sd7.9225 aa<. 33aJJ9=2P V Pomify Heceh. EdJ-0807 WIC: Sd7-0009 ® Fat aa7-J52I Vclfey County Office 7C3 N. 1 st Street P.o. dox I aza McColl. 10. 9JbJa Ph. bJ4-i 19C FF„(: bJC•2174 ~~~. ~ ~ RECENED CITY OF iVIERIDIAN ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 4 January 1999 OFFICE: Nampa 466-7861 ' SHOP: Nampa 466-0663 Will Berg, City C/erk City of Meridian 33 East /daho Meridian, /D 83642 RE.• Fina/ P/at for Turnberry No. 2 Subdivision Dear Commissioners: The Safford Latera/courses around the south and west boundary of this project. The easement appears to be platted correct/y, however, any encroachments must be covered with a license agreement. 5 Sincerely, Bi/l Henson, Asst. Water Superintendent NAMPA & MERIDIAN lRR/GAT/ON DISTRICT BH: dln cc: File -Shop Fi/e -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000