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Dildine, Derin & Jeryl MAYOR Tammy de Weer<! '.'~ ~~. clfe~;dl;~' IDAHO CITY HALL (208) 8884433 - Fax 8874813 CITY COUNCIL MEMBERS Keith Bird Wi11iarnLM. Nory Shaun Wardle CharI" M. Rounb'ee PUBIlC WORKS BUILDING DEPARTMENT (208) 887-2211 ~Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 May 3, 2004 REi CE IVE D Derin & Jeryl Dildine 3732 Greenwich Way Meridian, Idaho 83642 , 5 2004 City Of Meridian Cify Clerk Office Re: Fence Waiver Application Dear Mr. and Mrs. Dildine: This letter is in response to your fence waiver application for the property located at 3732 Greenwich Way, Meridian, Idaho. In your application you asked to be allowed to reduce the setback fTom 20 feet to 10 feet along W. Ashton Drive. We received no comments fTom surrounding property owners, whom were notified in accord with the City's Zoning and Development Ordinances. The City has approved your Fence Waiver request. The approved setback for the fence location will be a minimum of ten feet fTom the street side property line on W. Ashton Drive, starting behind the fTont edge of the house. This approval is subject to the conditions noted below. Section 11-1-11 ofthe Meridian City Code allows any aggrieved person to appeal this decision. All appeals shall be filed with the Planning and Zoning Department within fifteen (15) days after the date of this letter. . 1. The face of the fence shall be set a minimum of 10 feet fTom the property line along W. Ashton Drive. 2. You must landscape and maintain the ground area between the fence and sidewalk. 3. The board side of the fence shall face out toward the street(s). 4- You must obtain a building permit for your fence fTom the City of Meridian Building Department prior to construction. You must also call for an inspection of the fence once you have completed construction. PLANNING AND ZONING DEPARTMENT 660 E. W ATERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642 (208) 884-5533 - Fax 888-6854 "'.' 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 fTom your homeowner's association for this fence location. We also recommend that you contact Dig-Line at 342-1585 to locate any underground utilities prior to digging or excavating for your fence posts. Feel fTee to call me at 884-5533 if you have any questions or concerns regarding the conditions of approval in this letter. Sincerely, ~ {PUl +-- -fM~ ~~ Anna Borchers Powell, AICP Zoning Administrator City of Meridian Planning and Zoning Department Cc: File Building Department City Clerk PLANNING AND ZONING DEPARTMENT 660 E. W A TERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642 (208) 884-5533 - Fax 888-6854 CITY OF MERIDIAN NOTICE OF APPLICATION FOR FENCE WAIVER NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that Derin and Jeryl Dildine has filed with the Zoning Administrator of the City of Meridian an application for a Waiver from the Fence Ordinance regarding his/her property located at 3732 Greenwich Way, Meridian, Idaho. The applicant proposes that the fence will be ten (10) feet from the property line along West Ashton Drive. Comments, either for or against, said application must be filed with the Zoning Administrator within fifteen (15) days after the initial publication of this notice and shall be addressed to Anna B. Powell, Zoning Administrator, City of Meridian, 660 E. Watertower Ln., Suite #202, Meridian, Idaho. If there are pertinent and compelling objections filed within the time allowed, the Zoning Administrator may schedule a hearing on the application. The property at 3732 Greenwich Way is more particularly described as Lot 18, Block 11 of Cedar Spring Subdivision No.2, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit Dated his 6th of April, 2004. comments. PUBLISH 12th and 19th of April, 2004. RECEIVED Valley Times P.O. Box 1790 Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION APR 2 3 20011 City of Merld 1<11 City Clerk Oft'ic€ Account: C,'f-J ,f VV¡~(I'd iu.. 31 [- To!...~" Æv-E' . fV'\..f(,'d,'r.n I :CD ~~('4 L- Identification: p," d,'h.. F(I"c", 1AJt<.,'ver- ¿oo'-l Address: Run Dates: L{~ (3 q: '-{- Z-ò Number Lines 3~ ". '{O Amount ~.! I ST.J r Attention: Other Dated!l1.i~ß\~cO!"ð-p¡:i¡ ~ÒJl4':" willi"¡¡:il.~'lr'~.CitYCIefkiÄ \.) . L.OÓ'-\ , .~~ . . PUBL1~H It ~nd 19" of Aprit-2004, .~ m:IN'v'laí~3V1J'N ~ o~ ~3C )1 J: ;...~ '" z*oo " ~ - Q Q LL. 0 0 It) ... 0 0 N ... 0 0 C» 0 0 IQ 0 0 M 0 - 0 0 M .--- ~'~ . . CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ill 83642 (208) 884-5533 Phone I (208) 888-6854 Fax FENCE WAIVER APPLICATION (RE: Meridian Zoning Ordinance 12-4-10 Fences) APPLICANT:_Ðex:l\ì (\!ìd je.X'~l O,\ctif'lt, ADDRESS: ~1 ~2. b n:e-n~ Ie' \.u W~ rYlP (1ì1 \~ PHONE:V.:o'¡() ~&,-Cj,}." FAX: E-MAIL: ~I ~61o42 OWNER(S) OF RECORD (IF DIFFERENT FROM APPLICANì): ADDRESS: 312>2 t;rt'IV\w,'(JrL '-..ù(\~ PHONE: FAX: E-MAIL: PROOF OF OWNERSHIP: (Copy of deed or option must be attached) NOTARIZED CONSENT OF PROPERTY OWNER (See attached Affidavit ofLega! Interest) LEGAL DESCRIPTION OF PROPERTY: - LOT#~ BLOCK#.l.L. SUBDIVISION: t.e.&r ~(I~I.s "*'2- PRESENT USE OF SUBJECT PROPERTY: g.e~ìdt"vr\- ZONING OF SUBJECT PROPERTY: 'Re £¡'clenhA-l fZ-L/ DESCRIPTION OF THE M1N1MUM REQUIREMENTS OF TIllS TITLE TIIAT NEED TO BE REDUCED TO PERMIT THE PROPOSED FENCE WAIVER? 'TO (Y\(]Vf nul' kllì{'o It) -fed +r0'(Y\ Sv:'n ~~'l.J. -próper+::¡ Lt~e. CY\ SCHEMATIC DRAWING: Attach drawing showing buildings, streets, & proposed fence. SURROUNDING PROPERTY OWNERS: List of the mailing addresses of all property owners (obtain list from Meridian Planning & Zoning Department, 884-5533) within two hundred feet (200') of the external boundaries of the land being considered. ATTACH APPLICATION FEE OF: $50.00 ATTACH STATEMENT TIIAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE SUBDIVISION ORA COpy OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES. App-"~' ,--~ '" Afte, Reconling Return To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P_O.Box 10423 Van Noys, CA 91410-0423 . . Prepared By: RUSS CLAFLIN [Sp",Ab,..TboU..F"R..onIlngD'ta] DILDINE [Eomw!eio",'g " 00004 967581202 0 04 [Doc ID II DEED OF TRUST M1N 1000157-0003347402-0 DEFINITIONS Words o",d in multiple swioos of this docoment are defined below ,nd other words are defined in Sectioos 3, 11, 13, 18, 20 and 21. Cert,;n rules regarding the U8age of words used in this document are 0180 provided in Section 16. (A) "Security Iostrument" means this document, which is dated FEBRUARY 05, 2004 with ,U Riders to this document. (H) "Borrower" is DERIN DILDINE, AND JERYL DILDINE, HUSBAND AND WIFE , together Borrower is the trustor under this Security Instmment. (C) "Lender" is AMERICA'S WHOLESALE LENDER Lender is a CORPORATION organized and existing under the laws of NEW YORK Lender's address is F .0. Box 10219, Van Noys, CA 91410-0219 (D) "Trustee" is FIDELITY NATIONAL TITLE INSURANCE COMPANY 15661 REDHILL AVE. SUITE *200, TOSTIN, CA 92780 . (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporatioo th,t is ,cting solely as , nominee for Lender and Leoder's successo" and assigns. MERS is !he beneficiary undo. !hi, Security InslrumenL MERS is organized and existing under the laws of Del,ware, and has ,u 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 d,ted FEBRUARY as, 2004 Note states that BOITOwer owes Leuder ONE HUNDRED EIGHTY NINE THOUSAND and aa!laa . The IDAHO-SIngle F~"y.Fannl. Maelfreddle Mae UNIFORM INSTRUMENT WITH MÊRS '".,,'" ...A(IDlt"") CHL{O.IOO)(d) CONJiVA VM'MORTGAGE FORMS - [""0)52'-"" '."'0'- Fer"'3013 1/01 II~I~!III~~IIIIIII~II~III . 2 3 g 9 1 . 11~111~11~II~illlllllllll!III~IIII~IIIIIIIIIIII~IIII~1IIII~IIIIIIIIII~IIIII~IIIII~I '04967581200aaa2006A' . . DDC ID ,I, 00004967581202004 Dollars (U.S. $ 189,000.00 ) plus imerest. Borrower h" promised to pay this debt in regular Periodic Payments and to pay the debtiu full uot lateI' than MARCH 01, 2034 . (G) "Prnperty" means the property that is described below under the headiug "Transfer of Rights in the Property." (H) "Lnan" means the debt evidenced by the Note, plus iuterest. .ny prepayment charg~s and ¡ate charges due under the Note, and all snms due under this Security Instrument, pins interest. (1) "Riders" means all lliders to this Security Instrnrnent that are executed by Borrower. The following Riders are to be executed by Borrower [check box" applicable], ŒJ Adjustable RBle llider D Coodoruinium Rider D Second Home Rider D Balloon RIder ŒJ Planned Unit Develupment RIder D 14 Pamily Rider DVAllidel' DBiweeldyPaymentRlder ŒJOther(s)[spccify] 0 (J) "Applicable Law" means all controlling applicable federal. state and local statntcs, regulations. ordinanc~s and adurinis"'Blive rules and orders (thBl have the effect of law) ., well as all applicnbIe final. non-appealable judicial opinions. (K) "CommUlüty Association Do.., Fe.., nnd Assessments" means all dues. fees, nssessments and other charges that are imposed on Borrower or the Property by a condominium ~"oclatlon. homeowners ~"ocl.tion or simHar organization. (L) "Electronic Fonds TrallSfer" means any transfer of funds, nther than a tmnsaction orIginated by check. d"ft, or similar paper instrument. which is initiated through an electroaic terminat. telephonic instrument. eomput"", or m""netic tape so as to oeder, instruct, or authorize a finaaeial in."itution to debit or credit ao account. Such term Includes, but Is not limIted to, polnt-of-sale ~aosfers, automated teller machIne transactIons, transfers initiated by telephone, wire traosfers, nod automated clearinghouse trnnsfers. (M) "Escrow Items" means those Items that are described in Section 3. (N) "Mjsccllaneons Proceeds" means any compensation, setd'men~ aword 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) condemnJItion or other takIng of all or any part of the Property; (iii) conveyance io lieu of condemnation; or (iv) Inisrepresentaüons of, or omissIons as 10. the value andlor condition of the Property. (0) "'Mortgage Il1Snrnnce" means insurance protectiog Lender ""ainst the nonpayment of, or defanlt on, the Lo,". (P) "Periodic Payment" means the regularly scheduled amounl doe for (i) principal and interest under the Note, plu., (ii) any amounts under Section 3 of this Secority Instrument. (Q) "'RESPA" means the Real Estate Settlement Procedores Act (12 U,S.c. Section 2601 et seq.) and its implementing regulation, Regolation X (24 C.F.R. Part 3500), as they might be amended from time to time. m any addilional or succ",sor legislatioa or regolation that governs the same subject matter. As used In this Secority Instrument, "RESPA" refers to all requirements and restrietioos that "'~ imposed in regard to a "federally related mortgage loan" even if the Loan do" not qoallfy as a "federolly related mottgage loan" underRESPA. (R) "Suco..sor in Interest of Borrnwer" means any party that has taken title to the Property, whether or not that party has assnroed Bmruwer's obligations under the Note and/or thIs Security Instrument, TRANSFER OF RlGIITS IN THE PROPERTY The beneficiary of this Security Instrument Is MERS (solely as nominee for Lender and Lender's successors and a."lgas) and the soco"sors and assIgns of MER!. This Security Instrument secures to Lender, (i) the repnYOlent of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenan" and agreemen" under thIs Security InStrument and the Note. For thia purpose, Borrower ;'Tevocably graots and conveys to TruStee, in trust, with power of sale. the followIng described property lueatedinthe COUNTY ITyp"'f"oonii",J,m,di,liooJ of ADA [N",,",fR=di., Jurudicti"l ..,...ltDIIOOO'1 eML (OBlCD) Pug"~11 '"",'"- Furm 3a" 1101 . . DOC ID ~, 00004967581202004 Lot 18 in Block 11 of Cedar Springs No.2, according to the official plat thereof, filed in Book 86 of Plets at Pages 9732 through 9734, official records of Ada county, Idaho. ParcellD Number: which currently has the address of 3732 GREENWICH WAY, MERIDIAN IS>re.vc;.,1 Idaho 83642 [ZipCod'l ("ProperLy Address"): TOGETIIER WITII all the improvements now or het~after erected on the property, and all easements, appurtenanc~', aod fixtures now or hereafter u part of the property. All replacemeo", and additions shall also be covered by this Secmity Instrument. All of the foregoing is referred to in Lhis Security Instrument as the "Property," Borrower understands and agrees Lhat MERS holds only legal title to the interests granted by Borrower in this Security Instrumen~ bu~ if necessory 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 Lhose interests, including, but not limited tn, the right to foreclosure and sell the ProperLy; and to take any action required of Lender including. but not limiLed to. relming and canceling this Security Ins"llment. BORROWER COVENANTS that Borrower is lawfully seised of the estnLe hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. BorrowOl' warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record, TIllS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variaLions by jurisdiction LO constitote a uniform security instrument covering real propOlty. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principnl, InLeres~ Escrow Items, Prepnyment Cbarges, nnd Late Cbarg", Borrower ,shall pay when due the principal of, and interest on, the deht evidenced by Lhe Note and any prepayment charges and late charg~s due tinder the Note, Borrower shall also pay funds for Eserow Items porsuant Lo Sectiou 3. Payments due tinder 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 Secnrity InStrument is returned to Lender unpaid, Lender may reqnire that anyor all subseqnent payments due under the Note and this Security Instrument be made io ooe or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bonk check, treasarer's check or cashier's check. provided any stich check is drawn upon an institutioo whose deposits are insured by a federal agency, in.strumenta1iLy, or entity; 0>' (d) Elecuonic Funds Transfer. Paymen" are deemed received by Leoder 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 tbe payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insnfficient to briog the Loen current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partinl payments in Lhe future. btlt Lender is not obligated to apply such payments at the time such payments ore accepted, If each P"iodic 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 wiLhio a reasonahle period of time, Lender shall either apply such fnnds or return them LO Bonuwer. If not applied earlier, such fonds will be applied to the outstaoding principal balance under the Note immediately prior to foreclosure. No offset or claim which Bormwer might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security InstrumenL ",' pcrforming the covenants end agreemeutS secured by tms Security Instrument. 2, Applicntion of Payments or Proceeds. Except as otherwise d"eribed in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due nnder the Note; (h) principal due under the Note; (c) amounts due under Section 3, Such payments shall be applied to each Periodic Payment in the order in which it became due. Aoy remaining amounts shall be applied first to late charges, second to any other amounLS due under this Security InStrumen~ and then to reduce the principal balance of the Note. .@"(LD)[OOOS) CHL (DSlOD) p",,30111 '°,"""- Form30" 1/01 Jer(jl l. D~ . --..--.----....--...-............-..-.-.....-......................... .. ...........-... .. ............~ "-----.------..-'-" --.. .........'" 31 32- " ::::occ=.------'- .....----..-..-.-.......... ---- bv-ee.Y\ W'\('.W ~j r I i ~> ct: <::) z (j( f cJ .j ( ! I I . . RADIUS NOTICE REPORT OI-Apr-2004 FILE NAME: DILDINE Owners Owner Address ASPEN HOMES INC PO BOX 550 MERIDIAN, ID 83680-0550 Property Address: 3773 N ALEXIS WAY BUTSON RHONDA J 515 W BlAKE ST MERIDIAN, ID 83642-0000 Property Address: 515 WBLAKEST CEDAR SPRINGS NEIGHBORHOOD ASSOCIA 4822NROSEPOINTWAY STEC BOISE, ID 83713-0000 Property Address: W ASHTON DR CEDAR SPRINGS NEIGHBORHOOD ASSOCIA 4822NROSEPOINTWAY STEC BOISE, ID 83713-0000 Property Address: W ASHTON DR CHERRY LANE CONSTRUCTION INC 719 01STSTSSTEB NAMPA, ID 83651-0000 Property Address: 3634 N STANFORD AVE COMOROSKYMARTIN J COMOROSKY MARGAREf E 3804N ALEXIS WAY MERIDIAN, ID 83642-0000 Property Address: 3804N ALEXIS WAY DANIELSON GALEN E DANIELSON BERNIE J 3823 N ALEXIS WAY MERIDIAN, ID 83642-0000 Property Address: 3823 N ALEXIS WAY DILDINE DERIN DILDINEJERYL 3732 GREENWICH WAY MERIDIAN, ID 83642-0000 Property Address: 3732NGREENWlCHWAY FLATEN ROBERTM 3787N ALEXIS WAY MERIDIAN, ID 83642-0000 Property Address: 3787N ALEXIS WAY . . Owners Owner Address FRENCH DAN 13201 WHEATHERBROOKDR BOISE, ID 83713-0000 Property Address: 510 W ASHTON DR GARCIA JOANNE GARCIA GUILLERMO 3648 N GREENWICH WAY MERIDIAN, ID 83642-0000 Property Address: 3648NGREENWICHWAY HALLMARK ENTERPRISES INC 2918 E MOON DIPPERCT MERIDIAN, ID 83642-9138 Property Address: 3641 NSTANFORDAVE HERITAGE HOMES INC 2911 mHO NAMPA, ID 83686-0000 Property Address: 3733 N GREENWICH WAY HERL1NG HARVEY C 3633 N STANFORD AVE HERliNG MILDRED E MERIDIAN, ID 83642-0000 Property Address: 3633 N STANFORD AVE mxSON AARON R 3770 N GREENWICH WAY mxSON JANA W MERIDIAN, ID 83642-0000 Property Address: 3770NGREENWICHWAY HUYNH TRINH 3790 N GREENWICH WAY DAO HUGH MERIDIAN, ID 83642-0000 Property Address: 3790 N GREENWICH WAY LANORE TAMRA 406W ASHTON DR MERIDIAN, ID 83642-0000 Property Address: 406 W ASHfONDR MACKNESS JOSEPH C 3630NGREENWICHWAY MACKNESS KELLEY E MERIDIAN, ID 83642-0000 Property Address: 3630 N GREENWICH WAY PETRAmS MICHAEL T 3768 N GREENWICH WAY PETRAmS PAULA L MERIDIAN, ID 83642-0000 Property Addres8: 3768NGREENWICHWAY 2 . . Owners Owner Address SAWTOOTH HOMES INC 6163 STERLING DR BOlSE, 1D 83702-0000 Property Address: 3786 N ALEXIS WAY SOTO VICTOR MORONI JR SOTOJANNAD 3617NALEXISWAY MERIDIAN, ID 83642-0000 Property Address: 3617N ALEXIS WAY SUPERIOR HOMES INC PO BOX 2679 EAGLE, ID 83616-0000 Property Address: 361ON STANFORD AVE SUPERIOR HOMES INC PO BOX 2679 EAGLE, ID 83616-0000 Property Address: 3631 N ALEXIS WAY TAFURI JENNIFER E 3752 N ALEXIS WAY MERIDIAN, ID 83642-0000 Property Address: 3752 N ALEXIS WAY WICKHAM LARRY E WICKHAM DEBBIE L 5977 N SERENITY LN MERIDIAN, ID 83642-0000 Property Address: 407 W ASHTON DR YOUNG AMERICAN HOMES INC 2401 E HARBOUR GROVE NAMPA,ID83686-0000 Property Address: 3769 N GREENWICH WAY 3 . . City of Meridian NOTICE OF APPLICATION For Fence Waiver NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that Derin and Jeryl Dildine has filed with the Zoning Administrator of the City of Meridian an application for a Waiver from the Fence Ordinance regarding their property located at 3732 Greenwich Way, Meridian, Idaho. The Applicant proposes that the fence will be 10 feet from the property line along West Ashton Drive. Comments, either for or against, said application must be filed with the Zoning Administrator within fifteen (15) days after the initial publication of this notice and shall be addressed to Anna B. Powell, Zoning Administrator, City of Meridian, 660 E. Watertower Ln., Suite #202, Meridian, Idaho. If there are pertinent and compelling objections filed within the time allowed, the Zoning Administrator may schedule a hearing on the application. The property at 3732 Greenwich Way is more particularly described as Lot 18 Block 11 of Cedar Springs Subdivision No.2 Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. Dated this 6th day of April, 2004. William G. Berg, Jr - City Clerk PUBLISH 1ih and 19th of April, 2004 3112 Received By ...reo