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Parker, Russell & Cheryl ROBERT D. CORRIE Mayor . .. CITY OF MERIDIAN COUNCIL MEMBERS CHARLES M. ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD PUBLIC WORKS I BUILDING DEPARTMENT GARY D. SMITH. P.E. Public Works Director March 29, 2000 Russell & Cheryl Parker 1069 S. Pelican Way Meridian, Idaho 83642 RE: FENCE VARIANCE REQUEST -1069 S. Pelican Way Dear Russell and Cheryl: The Fence Variance Committee of the City of Meridian met at 4:30 P.M., March 29, 2000, in City Hall, to consider your request for a fence setback variance. After due consideration, the Committee decided to allow a variance request for you to construct a six (6) foot tall wooden fence in your side street setback area. This fence location is as shown on the attached sketch and is subject to the following conditions: 1. The face of the fence shall be set a minimum of 10 feet from the yard-side edge of sidewalk along W. Verbena Drive. 2. The ground area between the fence and sidewalk shall be landscaped and maintained by you. 3. The board side of the fence shall face out toward the street(s). 4. The City of Meridian has no jurisdiction in the enforcement of the provisions of your subdivision's Protective Covenants. We recommend that you obtain approval from your Homeowner's Association for this fence location. 5. We recommend that you contact Dig-Line at 342-1585 for location of underground utilities prior to excavation for your fence posts. 6. Please obtain a building permit for your fence from the City of Meridian Building Department prior to beginning construction. Please call for an inspection after the fence construction is completed. Thank you for complying with the City ordinance in requesting this variance and if you have any questions please give me a call. 7J~'~ Gary :1mith. PE Fence Variance Committee Cc: File, Bldg.lnspector, City Clerk 200 East Carlton. Suite lOO . Meridian. Idaho 83642 Phone (208) 887-2211 . Fax (208) 887-1297 . . CITY OF MERIDIAN FENCE COMMITTEE MEETING MARCH 29, 2000 AGENDA FENCE COMMITTEE MEMBERS: Mr. Gary Smith, P.E., City Engineer Mr. Keith Bird, City Council Mr. Bill Gordon, Chief of Police Mr. Keith Borup, Planning and Zoning Chairman ITEMS FOR REVIEW 4:30 Russell and Cheryl Parker 1069 Pelican Landing #10 Reduce 20ft Setback to1 Oft .! . . CITY OF MEIUDIAN 33 E. IDAHO MEIUDIAN, ID 83642 FENCE VARIAL'1CE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT NAMEJ?,u'5Se- ¿C-+ e.t-Itfì..f.{ I {)thl,!<&¡¿ ADDRESS: 16"9 P€UCA-J-I PHONE C:¡f7"'~flq OWNERS NAME & ADDRESS: (If different than above) * 3 'I R,ð sr;; c(e.c/~ , M. e¡r( p(('a.VI., /1 . fJJ b 4-L- , PROOF OF OWNERSHIP: (COpy OF DEED OR OPI'ION MUST BE ATrACHED) LEGAL DESCRIPrION OF PROPERrY: Im# I ELK if ¡q PRESENT USE & ZONING OF PRO~Y:~~¿~~ ff k 1- SCHEMATIC DRAWING: ATTAæ DRAWING SF.cwrNG BUILDINGS, s,TREETS & PROPOSED FENCE: SURROUNDING PROPERrY rnNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERrY OWNERS (FROM AUTHENTIC TAX RECORDS OF ADA COUNTY) WITHIN 'IWJ HUNDRED (200) FEET OF THE EXTERNAL BOUNDRIES OF THE LI\ND BEING CONSIDERED: DESCRIPrION OF REQUIREMENTS OF THE ORDJ;NAN~ THAT NEED TO BE REDUCED fA (' PERMIT THE PROPOSED FENCE:Z. Lð-('I\t)( L-ø' : Q + b. t O~o+ I ~M('G --R-o~ -tM.- 2-D I Set Ioe>..ck- . 50 ()f2 ATTAæ APPLICATION FEE OF $ ATI'Aæ STATEMENT THAT FENCE IS ALI.CmED UNDER THE RESTRICTIVE CCJIlENAÑ"TS OF THE SUBDIVISION OR A COPY OF THE RESTRIcrIVE COVENANTS PERrAINING TO FENCES: DATE RECEIVED RECEIVED BY MM- ~þ ~ f=~ SI_~ ~, -:tex-" ~ COMMITTEE HEARING DATE .3/.?,G1¡-fH) .,T:' -- ;~i;' <itt~i¡ "'u ~ ~~. =,y QcL'-"Un '-ons'truct1on 208 288 5561 . . ~ ~ ,~ ¡;to :z .. AVM 1W:;11;¿'S ~~ "'¡I¡ ~ £:! '" "'! I'v : \ ~ I i3 % {;>! ~; / \ 8 \ ~ (,~OO) . ,,1¡;;,ro.OON O"J "o-,~ ~¡ 5> -"I ~ <' !:>.. , ¡;¡ r-I =- N Q .. - ~ ~ ; ~ ~ ð ~ ~ % 1: P.Ol <>-Q ~ ~~~ ~ §f~ i Lf) IlO ,..¡ . . I,: , CD ! ,'" ~ I(/) I I i I ~;~ i;:1U '" .... 101°09'54' TIfELANDING N 01'17'40" 50.01 ~ í 70,00 Orol :' O--t 0 om ul ~ ::i 30 ,;J ~ 29 ;::: b :: IITOO :: ~ ð? E ~'~ ro." z ro.OO N 89'55'1£::.£ 351.83 ¡;; om 0-" 0 " 28 "! ~ ori-~ ""0 1 :: g IITOO ::g 2 z 70.00 W. HONKER DRIVE 70.00 70.00 70.00 7000 0 C/J I C).--t g LO--t ori 2 ~ 0 I:: ~ a mo 0 g:~ ori~ 3 ::g mo '" 0 '~ "! -" 5 :9p -g mo '" 70.00 70,00 '55'12" W 35 .00 ¡;; °lk [lor¡ : ~ti 9 :z '- 70.00 12.73 C1~: J .~ S S2;rY' £---- 70.00 13.93 C74 g~ g~ rj]\g~ 4 g~ 5 g~ 10.35-' ~p 2 l~p ~~p ~p ~p 6 ~ g mo - g 3 - 8 mo ~ 8 mo - ,8 '" '" mo '" 'I '" '" [200 .--- 7°Æ- ....!o,~ .--1.0~1~ ----2,Q,OO 7011.. S 89.55'12" W 410.00 N 83"22':; 70, 4,~ ¡;; ,;;: ;;: 0-" 15 ;Jð ::0 illOO) 0 2 0 m 0 'ID 0" 0" 16 ~ 'p 17 ~ ~ IITOO ~ g tmm! ~ 8 2 Z 14 ~ 0-" 0," "'6 ::0 0 ;2 ! 70.00 50.41 70.00 70,00 N 89'55"2" E 398,33 W, TEAL DRIVE <:;, <l1- 70,00 (;,,<0 59,59 70,00 [;IDQ -_/ 8°Æ- N 00.09'56" E .34,47 ¡;; 27 !II!mI 70.00 70.00 ¡;; ¡;; 2f ~~@.= :9 P '" ~o = 0 - Z IŒR 70.0' -°- ., 70.Ol 0-" 0," ..-;~ 6 ::g mo '" 70.00 m- REAlTORGi) m . ftCHASE ~~gA$AI.J.~AGREEMENT , EIPT FOR E ¡MONEY THIS IS A LEGAllY BINDING CO . :BEFORE SIGNING' ëNT1RE DOCUMENT, INCWDING THE GENERAl PRINTED PROVISIOf\l~.AND ATTACHMENTS. IF VëANY QUESTIONS BEFORE SIGNING, CONSUlTYOURATTORNëV COUNTANT ....... ........ O"..TUN'TY 7 a a 10 11 12 13 14 15 16 17 10 ,. 20 21 22 23 24 DATE fiB 2tF'- ZðOCJ E! =~ ;;7:~; ::;-& (Horeinafter called .BUYER; re:~:~,:alter marred to as ;:~~~ 2S 26 '0 28 29 :'cf1;:¡9:bRC~ASE PRICE. -.- ayable upon thelollowlng TERMS AND 4. '=W~2AL]ðRMS: (Nota1 À+C+D+E should add up to ( or be equal to) I un: price, except lor 128 fi neing) ~ A. EARNEST MONEY: B~R~ydeposits ...".. -DOLLARS as Earnest Money avidonced by: 0 cash IPPersonai check 0 cashle~s check 0 note due 0 other and a receipt Is hereby acknowledged. Eamest Money to be deposited In trust account upon acceptance by all parties and shall be nald by: 0 ng Broker ling Broker 0 othor lor the benefit 01 the parties hereto, and Broke" shall hold the completely executed Broke~s copy 01 this AgraamenlThe esponsible Broker shall be eo B. AlL CASH OFFER: DYES ~II this is an all cash offer do not completo lines 31 through 56, fill blanks with N.A. C. NEW LOAN PROCEEDS: This Agreement contingent upon BUYER obtaining:)(FHA 0 VA OCONVEN OIHFA ORD OOTHER FIRST lOAN 01 $ not ineiuding mortgage Insurance. with interest not to excoed g 5" % for J(Period of .3.Q. year(s) at: ~ rate Oother , BUYER shall pay no more than r- point(s) plus origination lee if any, SELLER shali pay no more than P- point(s), MY reduclion In points shall first accrue to the benefit of the 0 BUYER OSELlER 0 Divided Equally, BUYER shall apply for such loan within '£'buslness day(s) 01 SELLER's acceptance, Within ~usiness days 01 final acceptance 01 all parties, BUYER agrees to furnish SELLER with a written loan commitment showing lender approval 01 credit report, Income verification, debt ratios and subJect only to satisfactory apprelsaland Itnallender underwriting. If such written commitment Is not received by SELLERS within the strict lime allotted, SELLERS may at Iheir option cancel this agreement by notifying BUYERS In writing 01 such cancellation. If an appraisal Is required by lender. the property must appraise at not less than pun:hase price or BUYER's Earnest Money may be retumed at BUYER's request. DOLLARS, 30 ~ 31 32 33 34 35 36 37 3a 39 40 41 42 .., .. 45 45 47 48 49 50 51 52 53 ; FHA I VA. II applicable. it is expressly agreed that nolwithslandlng any other provisions of this contract, BUYER 6hail not be obligated to complete the purchase 01 the property described herein or 10 Incur any penalty or Iortelture of Earnest Money deposIts or o.therwise unless BUYER has been given In accordance with HUDIFHA or V A requirements a written statement by the Federal Housing Commissioner. Veterans Administrallon or a Direct Endorsemenllender setting lorth the appraised value of the property 01 nolle.. than the sales price as stated In the contract. BUYER shall have the privilege and option of proceeding with consummation 01 the conlract without regard to Ihe amount of the appraised valuation, The appraised valuation is arrived at to determine the maximum mortgage the Depariment of Housing and Urban Development will insure. HUD does not warranlthe value or the condiUon of the property, BUYER should satisfy himseiliherseff that the price and condition 01 the property are acceptable, II is agreed that any lIem Included In section 71s of nominal valuele..1han $100, D. ADDITIONAL FINANCIAL TERMS: 0 Additional financial ~rms are specified under the heading 'ADDITIONAl TERMS AND/OR CONDITIONS' (Section 5). 0 Additionalli~aI terms are contained in a FINANCING ADDENDUM of same date, attached hereto, signedby both parties. E. APPROXIMATifoFuNDS DUE AT CLOSING: Cash at closing, notincluding closing costs. 10 be paid by BUYER ateiosing. In GOOD FUNDS. which includes: cash, electronic transfer lunds, certilled check or cashier's check. Any net difference between the approximate balances of theloan(s) shown above, which are to be assumed or laken subject to. and the actual balances of said loan(s) ateioslng of escrow shall be adjusted In OCash OOlher: $ ---- .. ss 56 S7 5' 59 $ 60 61 62 63 64 65 6S 57 S, 69 ~ BUYi;R i'l'd SEl,L"Ef!i'cknoWledg!!!r.ei~t of c~ this page. which constitutes Page 1 015 Pages, BUYER's Initials ~(~ Date Of, éY 1'dI LLER's Initials (-><-.---J Date ms I Is printed aJ1d dislribuled by the Idaho Association 01 REAL TORS@, Inc.! Ada County Assedatlon 01 REAL TORS@, Inc, This lorm has been designed lor and is provided only lor use by real eslate professionals licensed by the Idaho Real Estate Commission who are also members of Ihe National Association 01 REAL TORSO;¡, USE BY ANY OTHER PERSON IS PROHIBITED. Copyright Idaho Association of REAL TORSiID, Inc, / Ada County Association of REAL TORSiID, Inc, Ati rights reserved. R.E.21 EFFECTIVE DATE AUGUST 1.1999 BROKER'S COPY 70 71 . PURCHASE & SALES AGREEMENT RE21 PAGE 2 10 h9 Pa¿/~ . 72 73 7. PROPERTY ADDRESS: ID#: /¥~3'õ 5. ADDITIONAL TERMS AND/OR CONDITIONS: 75 76 77 7B 79 BO " B2 " B4 as as 87 88 89 9D 91 92 93 6. OCCUPANCY: BUYER does 0 does not Intend to occupy property as BUYER'S primary residence. 7. ITEMS INCLUDED & EXCLUDED IN THIS SALE: All existing fixtures and fittings thàt are attached to the property are INCLUDED IN THE PURCHASE PRICE (unless excluded below), and shall be transferred free of liens, These Include, bul are not limiled to, all al1ached floor coverings. attached lelevision antennae, salellite dIsh and reoeiving equipment, attached plumbing, bathmom and UghUng fixtures, window screens, screen doo~, sloon windows, sloon doo~, window coverings, garage door opener(s) and transmltter(s), exterior trees, plants or shrubbery, water heating apparatus and fixtures, attached fireplace equipment, awnings, ventilating, cooling and heating systems. bulll.;n and .drop-in. ranges (bul excepting all other ranges), fuel1anks and irrigation fixtures and equipment. all water systems, walls, springs, water, water rights. ditches and ditch rights. if any, that are appurtenant therelo that are now on or used in connection with the premises and shall be included in the sale unless otheowlse provided herein. The following additional items cltically: A. CLU D IN THIS SALE: \M, to.J A-f9111M.1".t! A1.CL'.fA~P~"p..bE I Bt.U(U"'s' TO (!hðøs~ ow,." AwIIIlWll"~ 94 95 96 97 9a 99 100 101 10' 103 104 B, EXCLUDED IN THIS SALE: 8. TITLE CONVEYANCE: ToUe of SELLER iB 10 be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable excepl for rights reserved in federal patenls, state or railroad deeds. building or use restrictions, building and zoning regulations and ordinances of any govemmental unit, and rights of way and easements established or of record, Uens, encumbrances or defects 10 be discharged by SELLER may be paid out of purchase money at dale of closing. No liens, encumbrances or defects, which are to be discharged or assumed by BUYER or 10 which tille Is taken subjecllo, exist unless otherwise specified In this Agreement. IOS 9. TITLE INSURANCE: ( A ) TITLE COMMITMENT: Prior to closing the transaction, ~LLER or 0 ,WER shall fumlsh to BUYER a commitment of a litle insurance polley showing the condition of the titielo said premises, BUYER shall have J:!... business day(s) from receipl of the commitment or not less than twenty-four (24) hou~ prior 10 closing, within which 10 objeclin writing to 1I1e condition of the titie as sel forth In the commitment. If BUYER does not so object, BUYER shall be deeme!J.»have accepled the conditions of the litle. It Is agreed Ihal if Ihe litle of said premises Is nol marketable, or cannot be made so within ~ business day(s) after nollce contaIning a written statement of defect is delivered 10 SELLER, BUYER's Earnest Moneydeposll will be retumed 10 BUYER and SELLER shail pay for the cost of tille insurance cancellation fee, escrow and legal fees. If any. (B) STANOARD COVERAGE OWNER'S POLICY: SELLER shall within a reasonable time efter closing fumish to BUYER a tille insurance policy in the amount of the purchase price of 1I10,promises showing marketable and insurable tille subject 10 the liens, encumbrances and defects elsewhore sot 001 in this Agreement 10 be discharged br assumed by BUYER. The risk assumed by the title company In the standard coverage policy Is limited to matters of public record, ( C ) EXTENDED COVERAGE LENDER'S POLICY (Mortgagee policy): The lender will require thaI BUYER (Borrower) lurnish an Extended Coverage Lende~s Poliey. This extended coverage lende~s policy conslde~ matte~ of public record and additionally insures against certain mattars nol shown in the public record. This extended coverage lender's policy Is solely for the benefit at the lender and only protects the lender. (D) EXTENDED COVERAGE OWNER'S POLICY: A standard title policy does not cover certain potential problems or risks such as liens (i.e. a legal claim against premises for payment of soma debt or obligation, boundary disputes. claims of easement and other matters of claims if they are not of public record allime of closing.) However, under Idaho law. such potentlal.claims againsl the premises may have become legal obligations before the purohase of Ihe home and yel may nol be of public record until after the purchase. It is 'ecommended thaI BUYER talk to a tille company about whalll one~ 'iiI1Þe way 01 extended coverage tille policies and endo~emenls. This extended coversge owner's polley Is for the benelll of the owner and provli,es similar ~erage like provided by the extended coverage lender's policy. ExtendedCoverageOwne~sPolicyrequested ~es DNo. Addltionalpremlumpaldby:DBUYER OSELLER. (E) The parties agree that ~~ Tolle Company shall provIdelitle policy and preliminary report of commitment y BUYER's Initial~~fc:;ecJ,a~~:le~{8e?7~"6'°py~~~~:~~ein:~h(conStitUle~t"ge 2 of ~6.~~es. Tll)'O"" Is printed and dislributed by the Idaho Associalion ot REALTORS"'. Inc./ Ada County Association 01 REAL TORSIi>, Inc. This lorm has been designed lor and is provided only tor use by real estate protesslonals licensed by the Idaho Real Estale COmmission who are also members 01 Ihe National Association 01 REALTORS'" USE BY ANY OTHER PERSON IS PROHIBITED. Copyright Idaho Association of REAL TORS@, Inc./ Ada County Association of REAL TORS<ID, Inc. All rights reserved. 10" '" 1Oa tOg 110 111 112 113 11. m 115 t17 t1B 119 \20 121 \2, 123 12' \2S \2" \27 120 129 130 131 132 133 134 135 136 137 138 139 R.E.21 EFFECTIVE DATE AUGUST 1, t999 1U:lf\liCC'C> "nav . 140 141 142 143 144 145 146 147 146 PURCHASE & SALES AGREEMEN'E21 PAGE 3 PROPERTY ADDRESS: ¡Of¡; 9 P¡;;¿I<!.A~ ID#:I~D 30 10. INSP~N: BUYER shall have the right to conduct Inspections, Investigations, tests. surveys and other studies at BUYER'S expense. BUYER shall, within business day(s) of acceptance. complete these Inspections and $Ive '" $ELLER written notice of Items disapproved of. . BUYER is s~ongly advlsed.to axe se these rights and to make BUYER's own selection of professionals wiIh appropriate qualifications to conduct Inspections of the entire property. BUYER's acceptance of the condition of the property Is e contingency of this AgfeemenL FHA INSPECTION REQUIREMENT: .For Your Protection: Gel a Home Inspection', HUD 92564-CN must be signed on or before execution of this egreement, BUYER chooses Oto have Inspection; ~I to have Inspection. K BUYER chooses not to have inspection skip lines 150 10 167 SATISFACTIONIREMOVAL OF INSPECTION CONTINGENCIES: ,. If BUYER does not within the strict time period speci1ied give to SELLER written notice of Items disapproved of. BUYER shall conclusively be deemed to have: (a) completed all Inspections, investigations, review of applicable documents and disclosures; (b) elected 10 proceed wilh the Iransaction and (c) assumed all liability. responsibility and expense for repairs or corrections other than for Items which SELLER has otherwise agreed in wrffing to repair or correct. 2. If BUYER does within the strict time period specIfied give 10 SELLER written notice of Items disapproved of, BUYER shalt provide to SELLER pertinent section(s) of written Inspection reports. SELLER shall have _business day(s) In which to respond In writing. The SELLER. et their option, may correct the Items as specified by the BUYERS In their leUer or may elect not to do so. If the SELLER agrees to correct the items asked for in the BUYERS letter, then both parties agree that they will continue with the Iransactlon and proceed to closing. This will remove the BUYERS Inspection contingency, 3.lf the SELLER elects not to correct the disapproved Items, then the BUYER(S) have the option of either continuing the transaction without the SELLER being responsible for correcting these deficiencies or giving the SELLER written notice wilhin - business days that they will not continue with the transaction and will ,ecelve their Emest Money back. 4, If SELLER does not respond within the strict time period specified. BUYER shall hove the right to cancel this agreement in writing. 5. If BUYER does not give such written noUce of cancellation wilhin the strict lime periods specified. BUYER shali conclusively be deemed to have elected to proceed with the transaction without repairs or corrections other than for Items which SELLER has otherwise agreed in writing to repair or correct. SELLER shall make the property available for all Inspections. BUYER shall keep the property free and clear ot liens; indemnify and hold SELLER harmless from all liability, claims, demands, damages and costs; and repair any damages arising from the Inspections. No Inspections may be made by any governmental bultdlng or zonIng Inspector or government employee without the prior consent of SELLER, unless required by local law, 149 150 151 152 153 "4 155 "6 1S7 ISO 159 160 161 162 163 164 165 166 167 168 169 170 171 11. SELLER'S PROPERTY DISCLOSURE FORM: tfrequired by TItle 55, Chapter 25 Idaho Code SELLER shall within ten (10) days after execution 172 of this Agreement provide to BUYER 'SELLER's Property Disclosure Form'~ o~cceptable form. BUYER has received the 'SELLER's Propeny Disclosure 173 Form" or other acceptable form prior to signing this Agreement DYes (1;h(fo ON/A 174 12, LEAD PAINT DISCLOSURE: The subject property Dis '~ot defined as "Target Housing" regarding lead-based paint or lead-based paint 175 hazards. If yes. BUYER hereby acknowiedges the following: ( a ) BUYER has been provided an EPA approved lead,based paint hazard information pamphlet. 176 "Protect Your Family From Lead in Your Home". (b) Receipt of Selle(s Disclosure of Information and Acknowledgment Form and have been provided with :~; ~~~~~~~E~~t:h:';~\".:':~; ~~=~;~,;; 1~~~~~th;arn7~::~~f~e~~.:~~:~n~~~t~1~Z~ sa19!$rty. (c) That this oc;'t~:a~~~i:~~~~~: 179 terminate. (d) That BUYER hereby ~es Ddoes not waive this right. ( e ) That, if test results show unacceptable amounts of lead, based paint on the 180 premises, BUYER has the right to cancellhe con~act subject 10 the option of the SELLER (to be given in writing) to elect to remove the lead-based paint and 181 correct the problem which must be accomplished before closing. (f) Thai. if the contract is canceled under this clause, BUYER'S earnest money deposit will 192 be relumed to BUYER 1133 13. FINAL WALK TH~' The SELLER grants BUYER and any representative of BUYER reasonable access to conduct a final walk thru inspection of the 184 Premises approximately day(s) prior 10 close or escrow. NOT AS A CONTINGENCY OF THE SALE. but for purposes of satisfying BUYER that any repairs las agreed to in writing by BUY R and SELLER have been completed and Premises are In substantially the same condition as on acceptance date of this contract. la. SELLER shall make Premises available for the final walk thru and agrees to accept the responsibility and expense for making sure all the utitites are turned 187 on. If BUYER does not conduct a final walk thru. BUYER specifically releases the Broker(s) of any liability. Isa 14, ATTORNEY'S FEES: If eilher party initiates or defends any arbltralion or legal action or proceedings, which are in any way connected with Ihis 169 Agreement. the prevaliing party shall be entitled 10 ,ecoverfrom the non'prevailing party reasonable costs and altomeys fees, including such costs and lees 190 on appeal. 191 15, EARNEST MONEY DISPUTE {INTERPLEADER: Notwilhstanding any termination of Ihis contract. BUYER and SELLER agree that in the event 192 of any controversy regarding the Earnest Money and things of value held by Broker or closing agency, unless mutual written instructions are received by the 193 holder of the Earnest Money and things of value. Broker or closing agency shall not be required 10 teke any action but may await eny proceeding, or at Broke~s 194 or closing agency's option and sole discretion, may interptead all parties and deposil any moneys or things of value into a court of competent jurisdiction and 19S shall recover court costs and reasonable attomey's fees. 196 16. COVENANTS, CONDITIONS AND RESTRICTIOjlS (C,C,& R.'S): BUYER is responsible to obtain and review a copy of the C.C.& R.'s (if 197 applicable). BUYER has reviewed C.C.& R.'s. DYes lSJ:Jo ON/A 198 17, SUBDIVISION HOMEOWNER'S AS$OCIATION: BUYER is aware that membership in a Home Owne~s Association may be required and BUYER 199 agrees to abide by the Articles of Incorporation, è).Laws and ruies and regulations of the Association. BUYER is further aware that the Property may be subject 200 to assessments levied by the Association described in full In Ihe Declaration of Covenanls, Conditions and Restrictions. BUYER has reviewed Homeowner's 201 .J Association Documents: DYes DNa ON/A Association fees/dues are $ per 202 (' 18. RISK OF LOSS: Prior to closing of thi9 sale. aU risk of loss shall remain wilh SELLER In addition, should the premises be materially damaged by fire 203 or other destructive cause prior to closing, this Agreement shall be voIdabte at the option of BUYER 204 205 206 207 208 209 210 211 212 SQUARE FOOTAGE VERIFICATION: BUYER IS AWARE THAT ANY REFERENCE TO THE SQUARE FOOTAGE OF THE REAL PROPERTY OR IMPROVEMENTS IS APPROXIMATE, IF SQUARE FOOTAGE IS MATERIAL TO THE BUYER, IT MUST BE VERIFIED DURING THE INSPECTION PERIOD, i BUY¡¡fI fi.d ~E;J..LEp.,.acknowle~)"¿cei~ 01 CO&Of this page, which constitutes Page 3 of 5 Pages. . BUYER's Initials ( K t ~) Date ,g, / I? ELLER's Inilials (-)(-) Date Thi !arm is printed and distributed by the Ada County Association of REALTORS@, tnc./ldaho Assooation of REALTORS@, Inc. This form has been designed for and is provided only for use by real estate protessionals licensed by the Idaho Real Estate Commission who are also members of Ihe National Association of REALTORS@. USE BY ANY OTHER PERSON IS PROHIBITED. Copyright Idaho Associallon 01 REAL TORSi!>, Inc./ Ada County Association of REAL TORSi!>, Inc. All rights reserved. RE.21 EFFECTIVE DATE AUGUST '. 1999 BROKER'S Copy 213 21. 21S 216 217 216 219 220 221 222 223 224 22S 226 227 22' 229 230 231 232 233 234 235 236 237 23' 239 240 241 242 243 244 245 246 247 240 249 2S0 251 252 253 254 255 256 257 2sa 259 260 261 2<2 263 264 26S 266 . PURCHASE & SALES AGREEMENT RE21 PAGE 4 PROPERTY ADDRESS: /éJ(qq P¡;¡t..¡C/J...J . 10#: / "IbO.a 0 19. BUSINESS DAY: Monday through Friday, excluding Saturday and Sunday, and exolud)ng hoUdays as defined in Idaho Code, Section 67-5302. 20. COSTS PAID BY: Costs in addition to those li6led below may be Incurred by BUYER and SELLER unless otherwise agreed herein, or provided by law or required by lender, or otherwis~œted(¡~in, The below costs will be paid as indicated. Some costs are subject to loan program requirements. SELLER agrees to pay up to S .5"0, lender repair costs only. BUYER or SELLER has the option to pay any lender required repelr costs In excess 01 this amount. BUVEII sElJ.ER - Not BUYER SEllER - Not Equol~ "",,'_e ..,oIly ""plicable _F..t{z.sz>,Øc.... V TIUe Ins. - """""" Owne's P.licy V Clost". Escrow F.. '1/ ""e I.... E>dended """"'"OO ../ .......... Policy - """"" Policy Lende",."""",p_",F.. V T"el",,"'e_""""raoe ~~/ OWnefl I'<>Ilcy(eee pe.e 2, 90)" AoodCemflcelJ",F.. V App- "",..."..,...... V AoodT_".'" V Seplicl",pec11'" ¡,/ TexSeMce'" V -,1""""". .,/ Ntomey eom- 1'_'" F.. ../ W~II"speott'" .,./' Loan Assu"""" F.. V SuNey ./' "","I" Fuel Tonk-"""'""," be ~ DeI_bySuppll" 21. COUNTERPARTS: This Agreemenl may be executed in one or more counterparts. each of which Is deemed to be an original hereof. and all of which shall together constitute one and the same instrument. 22. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the parties respecting the matters herein set forth and supersedes all prior Agreements between the parties respecting such matters, No warranties. Including, without Umilation. any warranty of habitability, agreements or representations not expressly sel forth herein shall be binding upon ellher party. 23. FACSIMILE TRANSMISSION: Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission shall be the same as dellveoy of an original. At tha requesl of either party or the Closing Agency, the parties will confirm facsimile transmlned signatures by signing an original document. 24. DEFAULT: If BUYER de/aulte in the pe/fonnance of this Agreement, SELLER has the opllon of: (1) accepting the Eamest Money as liquidated damages or (2) pursuing any other lawful righlor remedy to which SELLER may be entitled. If SELLER elects to proceed under (I), SELLER shall make demand upon the holder of the Eamest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by SELLER's Broker on behalf of SELLER and BUYER related to the transaction, Including, without limitation,the costs of liUe insurance, escrow fees, credit report fees. Inspection fees and anomey's fees: and said holder shall pay any balance of the Earnest Money, one-haIf to SELLER and one-half to SELLER's Broker, provided that the amount to be paid to SELLER's Broker shall not exceed the Broker's agreed-to commission. SELLER and BUYER specifically acknowledge and agree that if SELLER elects to aocept the Earnest Money as liquIdated damages, such shall be SELLER's sole and exclusive remedy, and such shall not be considered a penalty or fo/feiture. If SELLER elects to proceed under (2), the holder of the Eamest Money shall be entilled to pay the costs Incurred by SELLER's Broker on behalf of SELLER and BUYER related to the transaction, including, without IImitation,the costs of brokerage fee, tiUe insurance, escrow fees, credit report fees. Inspection fees and attomey's fees. with any balance of the Eamest Money to be held pending ,esolutlon of the maner, If SELLER defaults, having approved said sale and fells to consummate the same as herein agreed, BUYER's Earnest Money deposit shall be returned to himlher and SELLER shall pay for the costs of title insurance, escrow fees. credit report fees,lnspection fees, brokerage fees and attomey's fees. II any. This shall not be consIdered as a waiver by BUYER of any other lawful right orremedyto which BUYER may be entilled. 25. SALES PRICE INFORMATION: The parties to this Agreement acknowledge that sales price information compiled as e resull of this Agreement may be provided to the County Assessors Office by either portyor by either party's Broker. 26. TIME IS OF THE ESSENCE IN THIS AGREEMENT. 27. CLOSING: On or before the closing date, BUYER and LLER all sit with the closing agency all funds and instruments necessary to complete this transaction. The closing shall be no later than (Date) "2.-c:!'::>o= . The parties agree thot the ClOSING AGENCY for this transaétion shall be If a long-term escrow! collection Is involved, therì~ long-term escro~der shall be , 28. POSSESSION: BUYER shall be entitled to¡\þs.esslon ~pon closing or Ddate 'me ~. Closing means the date on which all documents are either recorded or accepted by an escrow agent end the sale proceeds are available to SELLER. Property !axes and water assessments (usIng e last avallab e asses ent as a basis), renls, inlerest and reserves, liens. encumbrances or obligations assumed and utilities shall be pro-rated as of c:.: . ~UVER'S Initial~~íZ,f}J,nd ~~~ ac~~~1.e~ äcV:?25"Pys~~~~~gl~it:~:c~ constilut~~ Page 4 0; ~:,:ges. This lo,m Is printed and distributed by !he Idaho Assodation 01 REAL TOROO, Inc. I Ada County Associalion 01 REAL TOROO. Inc. This 10nn has bee" designed lor and is provided only 10' use by real estale prolessionals licensed by the Idaho Real Estale Commission who are also members 01 the Nalional Associatio" of REAL TORS@. USE BY ANY OTHER PERSON IS PROHIBiTED. Copyright Idaho Association 01 REAL TORS@, Inc.! Ada County Association 01 REAL TORS@, Inc. All rig hIs reserved. R.E.21 EFFECTIVE DATE AUGUST 1,1999 I'\rnk"~,, CODV 267 266 269 270 271 272 273 27< 27S 276 277 278 279 290 291 202 293 294 285 2B6 2a7 266 289 290 291 292 293 294 29S 32. BUYER'S SIGNATURES: W;e further acknowledge receipt olawe copy 01 thIs Agreement. 29610 BUYER'S SIGNATURES SUBJECT TO ATT~ED BUYER'S ADDENDUM(S): - (Specify number of BUYER addendum(s) anached.) :: BUYERSignatureR~ all ...II"':~. BUYER Signature CR.., r' p~ :: UYER (Print Name) '¡¿V!7 5 [, t... L f'l, III ~(' rt.. BUYER (Print Name) e..r..~ \. Po.. c-!.::Ar :; DatefJj9. IIOD Time tJ,' iJ 0 Phone #cf<f7 - 1fJ-/1Date ~ 9-7 { J:i) Time~ Phone # 887-4'8l9 303 304 Address 34 /lC;fL e.tfZ,U.. Address 34 ~~ c.....'rc.1../2. 3OS 306 City I'1I.r¡(/¡)/IH,\ State-Ñ'i-J;IoZip ~3&r¡;¿ City Me.""~~ìc...V"\ 307 3OB 309 OlD 31' 312 3" 31' 315 31' 317 31B 319 320 321 = 323 32' 32S 32' 327 32B 32' 330 33' 332 333 334 33S 336 3" 33a - PURCHASE & SALES AGREEMENT R.PAGE 5 PROPERTY ADDRESS: I () 6 c¡ pfÇ LIt A-AI . ID#:116o 3à 29. SPECIAL CONSIDERATIONS AND CONTINGENCI contingencies which must be satisfied prior to cloBlng: is Agreemerll is I1'I8de subject to the lollowing special consIderations andlor Usting broker acted as a(n) lor the BUYER. Selling broker acted as a(n) lor the BUYER. In this transaction. the brokerage(s) Involved has the loll 'ng relationshlp(s) with the SELLER (.agent" or "nonagent" or "limited dual agent"): Ustingbrokeractedasa(n) ~ lor the SELLER. Selling broker acted as a(n) Nt) wr . for the SELLER. Each party signing this document confirms that he or she has received, read and understood the Agency Disclosure Brochure and has elected Ihe relationship confirmed above, In addition, each party confirms that the brokefs agency office policy was made available lor inspection and review. EACH PARTY UNDERSTANDS THAT HE OR SHE IS A 'CUSTOMER' AND IS NOT REPRESENTED BY A BROKER UNLESS ll-IERE IS A SiGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. . Each party signing this documenl understand that the above confirmation DOES NOT create an agency relationship between the Broker(s) and the BUYER(S)/SELLER(S) and they are a CUSTOMER and NOT REPRESENTED by a Broker UNLESS there Is a SEPARATE signed wrllten agreemenl as required by Idaho statute to create that relationship. 31. ACCEPTANCE: BUYER's offer is made 6ubject to the acceptance 01 SELLER on or before (Dale) and (lime) II SELLER does nol accept this Agreemenl within the time specified, the entire Eamesl Money shall be refunded to BUYER on demand. State ~ Zip %ðG,«.a-. 33. SELLER'S SIGNATURES: On this dale, Wle hereby approve and aocept the Iransaction sol lorth In the above Agreement and agree 10 carry out all the tenns thereol on the part of the SELLER. W;elurther acknowledge receipt 01 a we copy of this Agreement signed by both parties, OSELLER'S SIGNATURE(S) SUBJECT TO ATTACHED COUNTER OFFER 0 SEE ATTACHED COUNTEROFFER OSELLER'S SIGNATURE(S) SUBJECT TO ATTACHED SELLER ADDENDUM/AMENDMENT 0 SEE ATTACHED ADDENDUM/AMENDMENT OSELLER'S SIGNATURE(S) SUBJECT TO ATTACHED "SELLERS RIGHT TO CONTINUE TO MARKET PREMISES" ADDENDUM SELLER Signalure SELLER Signature SELLER (Prlnl Name) SELLER (Print Name) Date 11me - Phone # lime- Phone # Date Address Address City City State_Zip State_Zip .~ 34, BUYER'S ACKNOWLEDGMENT OF RÈCEIPT OF FINAL COpy BEARING ALL SIGNATURES: A true copy of the loregoing Agreement, signed by ihe SELLER and containing the full and complete dascription of the premises, is hereby received on Date 11me BUYER: BUYER: 2l BU~{~nd ~ELLER aCknOwle*ceiPY'~y of this page, which constitutes Page 5 015 Pages. BUYER's Initials ( (-) Date ól ? SELLER's Initials (-H-) Dale Ts 1 rm is printed and distnbu!ed bythB Idaho Association ot REALTORS@.lnc./AdaCountyAssociationoIREALTORS@,loc.Thislo'm has been designed 10' and is provided only lor use by real estate plolessionals licensed by the Idaho Real Estate Commission who are also members 01 the National Association 01 REAL TORS@. USE BY ANY OTHER PERSON is PROHIBtTED. Copyright Idaho Association of REAt. TORS@. Inc./ Ada County Association of REAL TORS@, Inc. All rights ,eser;ed. R.E.21 EFFECTIVE DATE AUGUST 1, 1999 I=Irnlt",." r.nnv . . ¡, ,4 Ð)r£ç S ! 0" c¡ !1;¿ICrnl uJ~ 2.. f2uSS{Ç¿b ..J.- C4~ l í1ll.k6f.- ~ U'7.- 'I ¡-¡ r?<I R"Yi'e"ide U (Y1&td'Ml¡..J.fJ 3. c.D~1 iJ~ r!ðw.$¿".dtDh ~ P-ð. 130/ :W'I th¿þc/.~Y)ID Zfrf-S'S6 () 1- ~? 11111 JIæl, J/ s. Lò I- P j ¡3-¡r jJ 9 ¿fhJ>11J6 1/ /?J (¿ - f2 Q. ~ of "A,^oJJ 7. æ~~Å 7. 9. KIT,q~ kQ l 0 Lt 7?~ l (~<\. LD A-d-- \ \ ~ -S" Ll) . v lj~ D.- \ \ -:s '-f w V u~~'C>r- I l O. tD \J~\ 'Av\.Lb I ) . ~£= . . NOTICE OF HEARING NOTICE IS HEARBY GIVEN pursuant to 11-9-605 J.10, of the Revised and Compiled Ordinances of the City of Meridian, that the Fence Variance Committee of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 4:30 o'clock P ,M" on March 29, 2000, for the purpose of reviewing and considering the Application of Russell and Cheryl Parker for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 1, Block 19 in Landing #10 Subdivision and known by the address 1069 Pelican, The Applicant proposes to reduce the required distance from 20 feet to 10 feet on two corner lots, The public is welcome. Testimony, objections, and comments will be heard and considered by the Committee. A written decision of the Committee will be issued to the Applicant, and any person requesting in writing a copy of the decision will be furnished one, Any aggrieved party may appeal the decision of the Committee directly to the Meridian City Council pursuant to Section 11-2-416 G. 1, DATED this 15th day of March, 2000, sent 8y: -Clty Of Meridian; . 2088886854; Mar'15-00 11:10AM; . RUSSELL & CHEIlYL PARJœR -1fIIi9 PEUCAN PROPRRTY OWNERS WITHIN 200' GRIFFIN JAMES F PO BOX 2618 BOISE ID 83701-2618 N LINDER RD WI'lHERS JUSTIN M & WITHERS BRIDGF.ITE R 999 S PELICAN WAY MERIDIAN ID 83642-0000 SMITH RONALD L & SMITH VICKiE K 1131 WHONKERDR MERIDIAN ID 83642-0000 MADDOX DALLAS S 1111 WHONKERDR MF.JUDIAN ID 00008-3642 BOLEN JEFFREY D 1025 S PELICAN WAY MERIDIAN ID 00008-3642 MALLARD LANDiNG J.J.C 3350 AMERICANA TER sm 100 BOISE ID 83702-0000 W VF.RBENA DR 1161 W VE.RI:IENA OR 1109 W VERBENA DR SPELICANWAY GUAYDACAN ANO!Œ.WDjR GUAYDACAN EMILY M 1134 WVERBENADR MERIDIAN ID 00008-3642 CAMPBELL ROBERT F CAMPBF.Ll. STEPHANIE 1112 WVERBENA DR MI:!.RlDIAN ID 00008.3642 MAR 1.5 'øø 11:13 Page 1/1 COREY BARTON CON5TRUC110N INC 30 E FRANKLJN MllRIDIAN ID 83642-0000 10705 PEIJCAN WAY 1097 W VERBENA DR 1160 W VI:mBENA DR 20888858.54 PAGE,01 Mar-OB-OO 05:19P core~arton Construction 20B4I88 5561 ~if~~I! Iili"h "-.) ~ '$ ~ ~ ]~ ¡;¡: :z: . .. t! ~i ~ :z , I ê I ,.. ~;; '-"I'J 'II., , \ AVM NQ1ôd 'S '" '" ~ g ~ I f ('~O'og) ;¡ "I~.W .CiON QI!) \~ "O-,S ~i 9 C' ~I ~ ~ ~I ~ ð ~ ~ :z 1: ,u,...... ,.."'" P.Ol ....0 ~I §g~ "-' ~~tH -> 5~~ ~~ . Customer's Order No. Name Address SOLD BY . crT'{ OF MER!DtAN "hLb of ~'reasur¡) Vailey" 33 =. Idaho ""h.¡.jian, ida~o :33642 388-4433 - I Lf - (rn ~ /1",., -,"-'\ . " / ,I) £¿Jf -. Date k:""...-tJ/, ,;,;'; C~ ',. CASH I C.O.o. :l/'.' . «(/)--"--'1.-- ,I Phone: I CHARGE I ON ACCT'I MDSE, RETD'I PAID OUT I .. ~,:~;¿ ~. ,'j' - //I,)/i..:./. y,ê..<!...---- D..! I I : I I I I : I I 'i ,.t' ci! -, -/. :;.,/ . , . I I : I I "'--.j All claims and ralurned goods MUST be ."ompanled .by this bill. TAX en n n :.. ~ 3 ~~ceived /; ///F TOTAL OS.202.3 PRINTED IN US.A '- SõŸï~K, ~cyow ,~-é.J ¡'i)