CC -Applicant Response to Staff ReportG MUSSELL
CONSTRUCTION INC.
PO Box 3304
Nampa, ID 83653
Ph 208.466.3331 — Fx 208.466.5717
City of Meridian
City Council
33 E Broadway Ave
Meridian, ID 83642
August 12, 2016
To Whom it May Concern:
I am in receipt of the Meridian City Planning and Zoning Staff Report pertaining to the combined
preliminary and final plat review (H-2016-0068) for which I am the applicant. This letter is a response to
the staff report per the P&Z staff's request for comment.
Pertaining to the Planning Department's condition on the project that,
"If an agreement can be reached with the Salmon Rapids HOA, the applicant shall amend the
CCR's and incorporate the proposed subdivision. Written documentation of this occurring shall
be provided prior to signature on the final plat, "
I am providing what I believe constitutes documentation of an agreement that Mussell Construction will
annex Velvet Pointe Subdivision into the Salmon Rapids CCR's, which is a letter of commitment to do so
by Mussell Construction provided that the Salmon Rapids HOA votes for approval of the proposed CCR
amendment allowing the annexation to occur.
I understand, after working closely with the HOA, that at least one of the members of the HOA would like
for City Council's motion to include an absolute condition on approval of the plat, that Velvet Pointe
subdivision must be annexed into the Salmon Rapids CCR's. I am in agreement that the best outcome is
that Velvet Pointe becomes a part of Salmon Rapids; however, if Salmon Rapids does not vote for
approval of the required amendment to their CCR's, then it would be impossible for the annexation to
occur, and so I do not believe the annexation should be required.
Knowing the above concern, I have further agreed that if Salmon Rapids does not vote to approve their
amendment, I will record mirror CCR's for Velvet Pointe Subdivision that grant enforcement rights to the
Salmon Rapids Board and require a 2/3 vote of the membership of Salmon Rapids for any amendment
to the CCR's.
Sincerely,
Kent Mussell
Mussell Construction
1 USSELL
CONSTRUCTION INC.
PO Box 3304
Nampa, ID 83653
Ph 208.466.3331 — Fx 208.466.5717
August 15, 2016
To Whom it May Concern:
Mussell Construction, Inc. agrees to the following, pertaining to the property formally described as Lot 5
Block 7, Salmon Rapids Subdivision No. 4, records of Ada County, Idaho (The "Property").
Mussell Construction, Inc. perceives it to be in the best interest of the members of the Salmon Rapids
Homeowners Association that Velvet Pointe Subdivision, if approved by the City of Meridian, adopt the
Conditions, Covenants and Restrictions of Salmon Rapids Subdivision (the "CCR's"). Mussell Construction
agrees to annex Velvet Pointe Subdivision into Salmon Rapids Subdivision on the condition that the
membership of Salmon Rapids vote to amend their CCR's so that the owner of The Property has the right
to annex The Property into Salmon Rapids.
In the event that the membership of Salmon Rapids Subdivision vote to not amend their CCR's as
described above, Mussell Construction, Inc. agrees to record an independent Declaration of Conditions,
Covenants, and Restrictions that mirror the restrictions of the Salmon Rapids CCR's, and for which the
Salmon Rapids Board of Directors shall have the right to enforce, and for which only the Salmon Rapids
membership can amend.
Sincerely,
�� n"'ie
Kent Mussell
Project Manager
Mussell Construction