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HomeMy WebLinkAboutHowell, Mary AUP 07-007;'° `1 CITY OF ~ -_ erl~lcn IDAHO ~~ c ~R ~ TREASURE V PAY 19 3 MAYOR Apri130, 2007 Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Mary Howell Joseph W. Borton 2172 W. Hendricks Court Charles M. Rountree Meridian Idaho 83646 David Zaremba CITY DEPARTMENTS IZE: ACCOSSOry USe Permlt appllcatl0n (AUP-07-007). City Attorney/HR Mailing Address: Dear Ms. Howell: 33 E. Idaho Avenue Street Address: This letter is to confirm the approval to operate a family day care facility for six 703 N.Main Street or fewer children located at 2172 W. Hendricks Street and to include the followin on- 898-5506 (City Attorney) g 898-5503 (HR) going conditions of approval: Fax 884-8723 Fire 1. The. applicant. is limited to six children at the facility at one time, excluding 540 E. Franklin Road the applicant's own children. 888-1234 /fax 895-0390 Parks & Recreation 2. The applicant shall maintain the approved on-site vehicle pickup, parking 11 W. Bower Street and turnaround areas. The applicant shall also maintain the approved design 888-3579 /fax 898-5501 of the outdoor play areas. Planning 660 E. Watertower Street 3. Hours of operation shall be between 6:00 a.m. to 11:00 p.m. Outdoor play Suite 202 areas shall not be used after dusk. 884-5533 /fax 888-6854 Police 4. In no way shall the family day care cause the premises to differ from its 1401 E. Watertower Street 888-6678 /fax 846-7366 residential character in appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical interference. Public Works 660 E. Watertower Street Suite 200 Failure to meet the above stated conditions shall be deemed a violation of the Unified 898-5500 /fax 895-9551 Development Code. - Building 660 E. Watertower Street The applicant, Director, or a party of record may appeal this decision or a condition of suite 150 approval by requesting City Council review of this decision. All requests shall be filed 887-2211 /fax 887-1297 in writing with the Planning Department within fifteen (15) days of the date of this letter - Wastewater and comply with the provisions of UDC 11-SA-6B. 3401 N. Ten Mile Road 888-2191 /fax 884-0744 Sincerely, - Water ~ /f 2235 N. W. 8th Street ~ / ~/ ~- 888-5242 /fax 884-1159 (/~ Kristy Vigil for Anna Borchers Canning CITY MALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CTI'Y CLERK -FAX 888- 4218 FINANCE & UTILITY BILLING -FAX 887- 4813 MAYOR'S OFFICE -FAX 884-8119 /"1 ~. CITY OF MERIDIAN PLANNING DEPARTMENT ACCESSORY USE STAFF REPORT DATE: Apri130, 2007 TO: Anna Canning, Planning Director FROM: Kristy Vigil, Assistant City Planner SUBJECT: Application for a family day care facility by Mary Howell. Request to Operate a Family Day Care Facility for Six or Fewer Children out of her home located at 2172 W. Hendricks Court. We have reviewed this submittal and offer the following comments: APPLICATION SUNIMARY The applicant, Mary Howell, has requested approval to operate a family day care facility for six or fewer children out of her home located at 2172 W. Hendricks Court, Meridian, Idaho. The property is zoned R-4, which allows for a family day care facility with written approval from the Planning Director. LOCATION The property is located at 2172 W. Hendricks Court in the SE'/4 of T. 3N., R. 1 W., Section 2. APPLICABLE CODE Section 11-4-3.9 of the Unified Development Code. (iJDC) for the City of Meridian lists specific criteria for day care facilities that serve children: 1. In determining the type of day care facility, the total number of clients cared for during the day and not the number of clients at the facility at one time, is the determining factor. In the case of a child day care, the operator's children are excluded from the number. 2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable. clients and hours of operation as conditions of approval. 4. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit. 5. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non-scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 10 of the Meridian City Municipal Code. AUP-07-007 Howell, Mary PAGE 1 !'\ 1'1 CITY OF MERIDIAN PLANNING DEPARTMENT ACCESSORY USE STAFF REPORT 6. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 7. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. 8. In no way shall the family day care cause the premises to differ from its residential character in appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical interference. 9. Off-street parking shall be provided as set forth in Section 11-3C-6 of this Title, in addition to the required off-street parking for the dwelling. STAFF RECOMMENDATION Staff recommends approval of the accessory use for Mary Howell with the comments noted above and following on-going conditions of approval: 1. The applicant is limited to six children at the facility at one time, excluding the applicant's own children. 2. The applicant shall maintain the approved on-site vehicle pickup, parking and turnaround areas. The applicant shall also maintain the approved design of the outdoor play areas. 3. Hours of operation shall be between .6:00 a.m. to 11:00 p.m. Outdoor play areas shall not be used after dusk. 4. In no way shall the family day care cause the premises to differ from its residential character in appearance, lighting, signs, or in the emission of .noise, fumes, odor, vibrations, or electrical interference. AUP-07-007 Howell, Mary PAGE 2 .~ ~_-, SSA ~ Planning Director City of Meridian c% Kristy Vigil 660 E. Watertower Lane, Suite 202 Meridian, ID. 83642 RE: Application for the operation of a Family Day Care far six or fewer children out of her home at 2172 W. Hendricks St. -Dear Knsty Vigil, We are strongly opposed to any Family Day Care center being located in our Crystal __ __. _ __Springss~ibdivision.-We believe this seta pretxdent which vnill ultimatcly deteriorate - a quality of life we have enjoyed here for 13 years. The family making the application has unfortunately made a poor impression on their neighbors in the short time they have been here. Some of that is explained below. We have reason to believe these children would not be watched as they should be. We have witnessed the couple's own children being left outside to play, not in their own front aim back yards fait in other neighbors yards, driveways, a~ in the middle of the street. The older children have been left to take care of the baby a~ have been seen pusliiii8 the baby in the street and even into other neighbors garages, including ours. These children have stood in the middle of the street blocking my wife Shazleen's car as she arrives hoiiye. Stye would ask them to move and they would simply say "You are not my tether". The baby is kft outside and we have watched him up on peoples' lawns, driveways, and then back in the middle of the street. After a while the parent comes and gets him and has a smile on her face and walks ofl; We would not want to have this family watching our children. We are concerned about the extra traffic and since we happen to live next door to these follcs we are conceited about the extra noise. This has always been a very quiet and peaceful i~ighborhood and we very much want to keep it that way. This is not any kind of business district and any effort to move in that dnection is objectionable and something we must challenge in order to preserve our quality of life. We strongly urge that the application for a family day care center be denied. Phillip & Sharleen Smith 2154 W. Hendricks St. Meridian, ID. 83646 Cell# 340-2810 Home# 855-0945 Respectfully, ~. ~~ -- .~ ~ C6 Darla Oliver 2056 N Cool Creek Ave Meridian, ID 83646 208-888-5321 n //~~ Planning Director City of Meridian c/o Kristy Vigil Assistant City Planner 660 E. Watertower Ln., Ste 202 Meridian, Idaho $3642 March 18, 200? To Whom It May Concern: This letter is in response to the request made my Mary Howell to run a day care out of her home at 2172 W. Hendricks Court in Meridian, ID. I definitely oppose having a child care run in this residential azea. It would bring more traffic to the area which we do not need or want. Mr. and Mrs. Howell have lived in our neighborhood for less than one year, and during that time I have witnessed, upon three or four occasions, their young son, who looks to be about 2 years of age, wondering in the street unsupervised. This does not seem like an appropriate place to have a day care for other children. To make matters more complicated, we also have new neighbors directly across from the Howell's. These new neighbors have been parking from 2 to 7 cars on the curb daily which, if you add more children to the mix seems to be unsafe. It is for those reasons that I strongly oppose having a day care center at this address. Sincerely, ~ ~Cc~~~ ~az~D. Oliver C~ridian ;, _~~ ;;,, /"~ Planning Department ACCESSORY USE ~ Application Checklist Project name: File #: Applicant/agent: Tri~- 0 ~D i All applications are required to contain one copy of the following: Applicant Description Staff Com leted & si ed Administrative Review A lication Narrative full describin the ro sed r uest • Recorded warran deed for the subject ro Affidavit of Legal Interest signed & notarized by the propet'tyy owner (lf owner is a corporation, submit a of the Articles of Inco ration or other evidence to show that the n s' ~ is an authorized ern. 1~„w;, Scaled vicinity map showing the location of the subject property (can be obtained from the Planni artment) Scaled or dimensioned site plan showing the boundaries of the property, floor plan of house, area intended for accesso use, and and azd areas. '~"~ Fee Additional R uiremegts. for Da CareA lications Include the following additional information in the narrative: - The total number of children ro osed to be cared for durin the da ~~ /' Include fencin details on the site lan location, a of fence Standards for Da Caze Facilities, Statement of Com Hance form si ed b licant r"" Additional R uirements for Home Occu ation A lications Standazds for Home Occu ations, Statement of Com Hance form si ed b a licant APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED. 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 • Website: www.meridiancity.org lXev. ?~73 11%i CITY OF t. . erl~lcn : , , IDAHO ~ tiF. v Ce~FR °~ TKensurae_ V nom' i sixcE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR Mailing Address: 33 E. Idaho Avenue Street Address: 703 N.Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 888-6854 Planning 660 E. Watertower Street Suite 202 884-5533 /fax 888-6854 Police 1401 E. Watertower Street 888-6678 /fax 846-7366 Public Works 660 E. Watertower Street Suite 200 898-5500 /fax 895-9551 - Building 660 E. Watertower Street Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2235 N. W. 8th Street 888-5242 /fax 884-1159 March 15, 2007 /'1 RE: Application for the operation of a Family Day Care for six or fewer children located at 2172 W. Hendricks Court. To Whom It May Concern: This letter is to inform you that Mary Howell requested approval to operate a Family Day Care for six or fewer children out of her home at 2172 W. Hendricks Court, Meridian, Idaho. You are invited to submit comments, either for or against this request. All comments must be filed with the Planning Director within 15 days after the date of this letter and should be addressed to Planning Director, City of Meridian, c/o Kristy Vigil, Assistant City Planner, 660 E. Watertower Ln., Ste. 202, Meridian, Idaho. Sincerely, // r CS Kristy Vigil for Anna Borchers Canning, AICP Planning Director CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -PAX 888- 4218 FINANCE & LTTILTTY BILLING -FAX 887- 4813 MAYOR'S OFFICE -- FAX 884-8119 ,~ HTti 6~1S3M H151~1S3M \V// i U .~ N ti N ^, C~rr~'i~n ~ ~° `u «„„~, ,, l ' ~. Planning Department ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) Li~ Accessory Use STAFF USE ONLY: ^ Alternative Compliance D ^ Certificate of Zoning Compliance File:number(s): ~uT '~ U~ '" Q~~] ^ Conditional Use Permit Minor Modification ^ Design Review // M ^ Private Street Project name:'~2.~1 . , `A.N~( ^ Property Boundary Adjustment ^ Short Plat Date filed: 'bate comp/lete:,/ ~~'~~ ^ Temporary Use Certificate of Zoning Compliance Assigned Planner: V ^ Time Extension (Director) Related files:. ^ Vacation ^ Other Information ,:----- Applicant name: ~ ~ r V ~... ~ ©W P. I ~ Phone: l )B ~/,° 1 I I ( Applicant address: "~ 11z ~. ~-@.Y) dr 1 C;kS ~ . 1'~• Zip: j~~~11'-1 ~ Applicant's interest in property: ~ Own ^ Rent ^ Optioned ^ Other Owner name: ~ • ( Phone: ~~ °~I I I I Owner address: `Z (~ [ il . ~ ~lCl V t GAS ~ . Zip: ~ `?~4`~(0 Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Phone: Zip: Primary contact is: ~ Applicant ^ Owner ^ Agent ^ Other Contact name: --- _._L'n 0.i'' ~ ~t? (.ye (l Phone: -1111 E-mail: Fax: Subject Property Information Location/street address: ~~ 12 11) _ ~-I P~vir] s~- t_ LLS fit. )~ f',~I~ 1 ~ f Q .~1, Assessor's parcel number(s): J IS U (J Township, range, section: ~ d ~- Total acreage: Current land use: ` Q Current zoning district: 660 E. Watertower Lane, Suite 202 Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org I (Rev. 9/21/06) /`~~ /'1 Project Description Project/subdivision name: description of proposed project/request: (.C h , ,~ . Proposed zoning district(s): _ Acres of each zone proposed: Type of use proposed (check all that apply): ^ Residential ^ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage Of landscaped areas t0 be 1171gated (if primary or secondary point of connection is City water): Residential Project Summary (d applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: _ Minimum property size (s.f): Average property size (s.f.): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: _ Net density (DU/acre~excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^single-family ^ Townhomes ^ Duplexes ^Muiti-family Non-residential Project Summary (if applicable) Number of building lots: `` /~ Other lots: Gross floor areaparpeeal: lu ~ 1 F.acisting (if applicable): ~-Iours of operation (days and hours):~~~-VY1 ~D ~~v~Yt Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving; Total number of employees: ~_, Maximum number of employees at any one time: Number and ages of studentsJchildren (if applic!~able): Seating capacity: Total number of parking spaces provided: / Number of compact spaces provided: Authorization Print applicant name: Applicant signature: rim--~ Date: 660 atertower Lane, Suite 202 • Meridian, Idaho 83642 I 1 Phone: (208) 884- 3 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 ~, /~, STANDARDS FOR DAY CARE FACILITIES STATEMENT OF COMPLIANCE UDC 11-43.9: Day Care Facility A. General standards for all child day care and adult care uses, including the classifications of day care center, day care, family; and day care, group: 1. In determining the type of day care facility, the total number of children cared for during the day and not the number of children at the facility at one time, is the determining factor. The operator's chiidren are excluded from the number. 2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. The applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho ~~ Department of Health and Welfare-Family and Children's Services Division. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shalt be between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit. B. Additional standards for day care facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non-scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 10 of the Meridian City Municipal Code. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential dishicts adjacent to an existing residence shall not be used after dusk. Certification: 1 have read and understand the above standards for o~ratian of a day care facility and certify that 1 will conduct my business in accordance with these standards. If I cannot meet these standards, I am not allowed this accessory use. Applicant's Signature: Date: Q f, _;r,, ~~ ot~ ~~ v -~ -~c .~ ;' S 4 4 d S ~~ I ~ 7 v ~:, .~~ -~ ~, ,,~,f....~°''~.~, •O "~~ ~. After Recording Return To: NOVASTAR MORTGAGE, INC. 25520 COMMERCENTRE DR LAKE FOREST, CALIFORNIA 92630 Loan Number: 06-592965 /"'r [Space Above This Line For Recording Datal DEED OF TRUST MIN: 100080190056806664 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JUNE 2 0 , 2 0 0 6 ,together with all Riders to this document. (B) "Borrower" is TROY O . HOWELL AND MARY L . HOWELL, Borrower is the trustor under this Security Instrument. (C) "Lender" is NOVASTAR MORTGAGE, INC . Lender is a CORPORATION organized and existing under the laws of VIRGINIA Lender's address is 25520 COMMERCENTRE DR, LAKE FOREST, CALIFORNIA 92630 (D) "Trustee" is Quality Loan Services 1770 Fourth Avenue, San Diego, California 92101 (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. {F) "Note" means the promissory note signed by Borrower and dated JUNE 2 0 , 2 0 0 6 The Note states that Borrower owes Lender ONE HUNDRED FORTY THOUSAND AND 0 0 / 10 0 Dollars (U.S. $ 14 0 , 0 0 0. 0 0 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JULY 1, 2036 IDAMO--Single Family--Fannie Mae/Fredtlie Mac UNIFORM INSTRUMENT -MERS DocMaglc w0~ aoas+s•rssz Form 3013 1/01 Page 1 of 14 www.docmagic.com /'r (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." ~ "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instiuement, plus interest. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider ® Planned Unit Development Rider ^ Balloon Rider ^ Biweekly Payment Rider ^ 1-4 Family Rider ^ Second Home Rider ^ Condominium Rider ® Other(s) [specify] PREPAYMENT RIDER TO SECURITY INST (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetfc tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Misceilaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (O) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note andlor this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property Iocated in the COUNTY of ADA [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] IDAFIO--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -MERS DocMaglc aoo-s4s•v3sz Form 3013 1/01 Page 2 of 14 www.docmagiacom LOT 33 IN BLOCK 3 OF ONE SUBDIVISION N0. 3, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 60 OF PLATS AT PAGES 6019 AND 6020, RECORDS OF ADA COUNTY, IDAHO. which currently has the address of MERIDIAN [City) 2172 WEST HENDRICKS STREET [Street] Idaho 8 3 6 4 2 ("Property Address") [Zip Codel TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due IDAHO--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -MERS DOCMeglC ~PDpF~ 800.649.1362 Form 3013 1/01 Page 3 of 14 www.docmagic.com /'1 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. ~~`~ ~ - ~ (Seal) TROY 0. H- OGOELL -Borrower Witness: (Seal) -Borrower (Seal) -Borrower (,.~ (Seal) MARY HOWELL -Borrower Witness: (Seal) -Borrower - (Seal) -Borrower IDAHO--Single FamAy--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMaglc H aoo-s+s-rase Form 3013 1/01 Page 13 of 14 www.docmaglc.com /'\ /'1, State of Idaho ss. County of ~~- ~U`X., ) f' On this ~}~~~ .,day o ~ , in the year of ~ OD ~' ,before me, ~~W t~ . HOWELL ~ a Notary Public, personally appeared TROY 0. , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. (Seal) ,.••- SLAYT1ti..~ .~' ' Z~: ,~pRY . s ~ ` .~ =. ~•~ ~u~ti .sue .,~,..., srAT~.o~ ~4~~ ~.- -~~~ My commission expires on Commissltm ~ites. 02/18/10 . o IDAHO--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMaglc sao-ses-r3sz Form 3013 1/01 Page 14 of 14 www.dbcmagic.com _ _ _ - - __ __ RADIUS NOTICE REPORT FILE NAME: howell r-~-:~ ~~r,•- ~ao~ Owners Owner Address BAILEY ERVIN M 2068 N COOL CREEK AVE BAILEY VIOLA M MERIDIAN, ID 83646-3824 Property Address: howell BISHOP GEORGE L 2038 N NYBORG WAY BISHOP ELIZABETH R MERIDIAN, ID 83646-1261 Property Address: howell CAHILL JOHN T 2083 W LASHER CT CAHILL LISA A MERIDIAN, ID 83646-1306 Property Address: howell ELD JANET M 2157 N LASHER CT MERIDIAN, ID 83642-0000 Property Address: howell GUSSIE DOROTHY 2065 N LASHER CT MERIDIAN, ID 83646-0000 Property Address: howell HOFFMAN ROBERT L 2129 N LASHER CT HOFFMAN CONSTANCE D MERIDIAN, ID 83642-0000 Property Address: howell HOWELL TROY O 2172 W HENDRICKS CT HOWELL MARY L MERIDIAN, ID 83646-0000 Property Address: howell MOULTON AMY MARIE 2024 N NYBORG CT MOULTON CHAD GEORGE MERIDIAN, ID 83646-1261 Property Address: howell OLIVER PATRICK S & DARLA D 2056 N COOL CREEK AVE MERIDIAN, ID 83646-3824 Property Address: howell Or~~ncrs Owner Address ___ SEI~ICHISHIN ALEKSANDR A 2O4~) N COOL CREEK AVE MER[DIAN. ID 83646-3825 Property Address: Nowell SMITH PHILLIP E 2154 W HENDRICKS MERIDIAN, ID 83646-1389 Property Address: Nowell WHEILER ROBERT M & 2208 W HENDRICKS ST WHEILER TERESA K MERIDIAN, ID 83646-1391 Property Address: Nowell CJTY OF " ~Y1G~1~"17 33 E. Idaho Ave. T. Meridian, ID 83642 Date ~- /' ~- f' Applicant '~ ~+(,L Address c~ ~ c Phone ~ CA H C K # NAME ON CHECK IF DIFFERENT THAN APPLICANT ~ • • i i i v' PAYMENT DOES NOT INDICATE ACCEPTANCE OF A PLICATION TAX Received i / 988. Y TOTAL c.l/~ti7/!!fi ~Od/