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Reynolds, Kyle GARY D. SMITH, P.E. Public Works Director . CITY OF MERIDIA' PUBLIC WORKS I BUILDING DEPARTMENT MAYOR ROBERT D. CORRIE BRAD R. WATSON, P.E. City Engineer May 9, 2001 Kyle Reynolds 3054 N. Englewood Way Meridian, Idaho 83642 RECEIVED MAY 1 0 2001 COUNCIL MEMBERS RON ANDERSON KEITH BIRD TAMMY DE WEERD CHERIE MCCANDLESS CITY OF MERIDIAN RE: FENCE VARIANCE REQUEST - 3054 N. Enalewood Wav Dear Kyle: The Fence Variance Committee of the City of Meridian, met in your presence at 4:30 P.M., May 9, 2001 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. No opposition to this variance request was received from adjacent property owners, who were notified in accordance with City Ordinance requirements of the variance request. This fence location is as shown on the attached sketch and approval 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. Niemann 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 therefore recommend that you obtain approval from your Homeowner's Association for this fence location. 5. We also 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 don't hesitate to give me a call. SincÏ1IY, . .- P It-~ ¡~-ct::; Gary D. s'm'ith, PE Fence Variance Committee Cc: File, Bldg.lnspector, City Clerk 660 E. Watertower Ln., Suite 200 Public Works (208) 898-5500 Fax (208) 887-1297 Meridian, Idaho 83642 Building (208) 887-2211 "' . . ~. /~/ ",;Y' / " , ',,".' ."" ';';°> flY/ :[é "-'-"', ~ 'ì)° ,. dJ \)i-V . ~ -r-V"J ..' / ../ ""oJ:;,.iI..>-\ ;1./ \ ,.I .,,":7' "./~;> . ~'2V¡\~ Englewood Creek Sub POA, Inc. Verna M, Scheline 10421 West Rockwood Street 3125 North Burley Place Boise, ID 83704 Meridian, ID 83642 Sloan Rhea and Mary Spencer Jr. 3113 North Burley Place Meridian, ID83642 Jerry and Gena Crist 3136 North Valam Avenue Meridian, ID 83642 Dennis and Sherry Dodd 3410 West Niemann Drive Meridian, ID 83642 Tomas and Guadalupe Hsu 3365 North Niemann Drive Meridian, ID 83642 Tina Szurgot 1928 East Cougar Creek Drive Meridian, ID 83642 Stephen and Debra Lewis 3458 West Niemann Drive Meridian, ID 83642 Kyle and Lynn Reynolds 3054 North Englewood Way Meridian, ID 83642 Firelight Estates HOA, Inc. 2901 South Juniper Street Nampa, ID 83686-6421 Rodney and Virginia Medley 3038 North Englewood Way Meridian, ID83642 Brian and Carri Thornburg 3449 North Niemann Drive Meridian, ID 83642 Blake and Allison Worthington 1014 South 3th Avenue Yakima, WA 98902-2748 Richard and Paula Rask 3471 West Niemann Drive Meridian, ID 83642 Nathan and Chelsey Wood 3999 North Englewood Way Meridian, ID 83642 Craig and Jody Kearns 2976 North Englewood Way Meridian, ID 83642 Englewood Creek Estates Ass. 8589 West Brookview Drive Boise, ID 83709-0603 Susan Boyer and Arthur Sequin 2975 North Englewood Way Meridian, ID 83642 ~ ~ . Troy and Pamela Linafel 3140 North Valan Avenue Meridian, ID 83642 Andrew and Mary Kristine Murray 3118 North Valam Avenue Meridian, ID 83642 Jerry and Mary Jo Blacker 3432 North Niemann Drive Meridian, ID 83642 Edward and Monique Loughney 3490 West Niemann Drive Meridian, ID 83642 Devin and Rebecca Trone 3031 North Burley Way Meridian, ID 83642 Timothy Banic Englewood Creek Estates Assoc. PO Box 44739 Boise, ID 83711 David and Brenda Kerr 3998 North Englewood Way Meridian, ID 83642 Terry and Joyce Puppos 3452 West Patel Ct Meridian, ID 83642 "'I . . NOTICE OF HEARING NOTICE IS HEREBY 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 p.m., on May 9, 2001, for the purpose of reviewing and considering the application of Kyle and Lynn Reynolds for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 4, Block 6 of Englewood Creek Subdivision and known by the address of 3054 North Englewood Way. The applicant proposes a reduction of the required distance from 20 feet to 10 feet. 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 19th of April, 2001 ~~~ßRK > ~ Q 0 0 ~ ...I C) ZQ. wee .2 ~~ IØ- oz "'- .(,) (I» Q ...I 0 Z > W 0:: W ...I ~ // " . I U l ~ ¡ Z*OO ~ a~ 31lW N31 N c I c::: ~ u ¡:: en =:I Š \ /\:/ ", / \ \ ; \ ,>~ ~--! \----- -- \ I /þ- ~!I- ~',~ c=::::J 3Nv W'o'lV^ N III , . CITY OF MERIDIAN MERIDIAN FENCE COMMITTEE MEETING AGENDA Wednesday, May 9, 2001 City Council Chambers FENCE COMMITTEE MEMBERS: - Mr. Gary Smith, P.E" City Engineer - Mrs. Cherie McCandless, City Council - Captain Dave Bowman, Meridian Police Department - Mr. Keith Borup, Planning and Zoning Chainnan ITEMS FOR REVIEW: Item No.1 4:30 p.m Kyle and Lynn Reynolds 3054 North Englewood Way Lot 4 Block 6 Englewood Creek Subdivision Item No.2 4:45 p.m. Lucinda Evans 2553 Northwest 10th Avenue LotS Block 10 Waterbury No.5 Park I . CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 83642 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) I APPLICANT NAME: ~Ll: ~ ¿VA/AI Z:yAI()c:.D~ ADDRESS: 1:>05'1 IV tllJ{"l£,WODt':> WAtI PHONEc;;?:z.n .ì ì 0:3 rnNERS NAME & ADDRESS: (If different than above) PRCOF OF rnNERSHIP: (COpy OF DEED OR OPTION MUST BE ATl'ACHED) LEGAL DESCRIPTION OF PROPERrY: wr# 4 ELK if to SUBDIVISION £N6>1£1I\J{)CX') ~ PRESENT USE & ZONING OF PROPERrY 61-.)b1AO::: ï="AMILIoI ~1Dek!"1I'\o~ SCHEMATIC DRAWING: A'ITACH DRAWING SHCWING BUIIDINGS, STREETS & PROPOSED FENCE: SURROUNDING PROPERrY CWNERS: LIST OF 'IRE MAILING ADDRESSES OF ALL PROPERI'Y rnNERS (FROM AUTHENTIC TAX RECORDS OF ADA COUNTY) WITHIN 'rID HUNDRED (200) FEE::!' OF 'IRE Ðcr'ERNAL BOUNDRIES OF 'IRE LAND BErnG CONSIDERED: DESCRIPTION OF REQUIREMENTS OF THE ORDINANCE THAT NEED TO BE REDuæJ TO PERMIT THE PROPOSED FENCE: CJ.\.~~ ~~Ae..K. ~ z.o'"'k> /0 ' -1fl./)fl/l.- N,i3W1~ SU:JE;" ()F 1oÐ{)~ 7'Õ J'l¿oN-r {!()/Wr5R.. OF ~ (cPr.,-;1"~ f€Næ") ()O . A'ITACH APPLICATION FEE OF $ 5 0 - A'ITACH STATEMENT THAT FENCE IS AI.J:.CmED UNDER 'IRE RESTRICI'IVE COVENANTS OF THE SUBDIVISION OR A COPY OF THE RESTRIcrIVE COVENANTs PERTAINING TO FENCES: APPLICANTS SIGNATURE: ~u::- C? ~ I DATE RECEIVED ~ 0 I RECEIVED BY Ji "J 0. & j) ~ !'ì COMMITI'EE HEARING DATE S¡Q\Of U'30 \. p.tn .J.8 ~~, KYLE REYNoLDS - 3054 N. ENSLEWOOD WAY PROPERTY OWNERS WITHIN ZOO' ENGLEWOOD CREEK SUB POA INC 10421 W ROCKWOOD ST BOISE It) 83704-0000 W NIEMANN DR BLACKER JERRY D & BLACKER MARY JO 3432 N NIEMANN DR MERIDIAN ID 83642-0000 SCHELINE VERNA M 3125 N BURLEY PL MERIDIAN ID 83642.0000 SZURGOT TINA 1928 E COUGAR CREEK DR MERIDIANID 83642-0000 3067 N BURLEY WAY LINAFEL TER TROY R & LINAFEL TER PAMELA N 3140 N VALAN AVE MERIDIAN ID 83642-0000 LEWIS STEPHEN J & LEWIS DEBRA K 3458 W NIEMANN DR MERIDIAN ID 83642-0000 SPENCER SLOAN RHEA JR & SPENCER MARY E 3113 N BURLEY PL MERIDIAN ID 83642-0000 LOUGHNEY EDWARD J & LOUGHNEY MONIQUE D 3490 W NIEMANN DR MERIDIAN ID 83642-0000 CRIST JERRY B & CRIST GENA L 3136 N VALAM AVE MERIDIAN ID 83642-0000 REYNOLDS KYLE R & REYNOLDS LYNN M 3054 N ENGLEWOOD WAY MERIDIAN ID 83642-0000 MURRAY ANDREW M & MURRAY MARY KRISTINE 3118 N VALAM AVE MERIDIAN ID 83642-0000 FIRELIGHT ESTATES HOA INC 2901 S JUNIPER ST NAMPA ID 83686-6421 N BURLEY WAY DODD DENNIS H & DODD SHERRY L 3410 W NIEMANN DR MERIDIAN ID 83642-0000 TRONE DEVIN R & TRONE REBECCA 3031 N BURLEY WAY MERIDIAN ID 83642-0000 HSU TOMAS HSU GUADALUPE 3365 W NIEMANN DR MERIDIAN II) 83642-0000 MEDLEY RODNEY L & MEDLEY VIRGINIA E 3038 N ENGLEWOOD WAY MERIDIAN ID 83642-0000 '" ",~ .~ '0\, \ I . ~~ ~ I J -1 --j 0 '~ ~-I ( 1 I 'z I ' -T "" :s ~,/ U I W ~I / I I I I\Jje h1r> ""("¡,, , I..J.\..:) \ Úþ- I . >'~O"\ "- '\'\'\. .' ;IV'.;' ",' æ.. <,".".."..,.....!....,'.;:--r?' 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U, 20G2 ...."...,....~ /~\)~!..11! . ,:".' {",y ~... ~ , ¡;:! 5/... .e '..' z .:.~ ",I ~10\ ~ 01 Û ~<'-./ ~~~ APR 20 '01 10:45 208 377 0285 P. 03 p",r,~ or< APR-20-2001 FRI 09:22 AM 7RT TITLE !t â £il, ¡¡.I,~ I.", W,IIio. ~.I. MJ sHJ .!J ~ gj WJ .. . ~ (~. ~ .:.~' FAX ND. 2DB 377 02B5 . P. 02 .:..l!2J~ -=.J£J~ v." 1999 PlIICoII ~2J9129020 Pr""ClII Typ. PAnCEL INFORIlATiON 51"'" ] Sub P""."yT... ] P""o¡,o! ,......;.. D... r 0... HOE ] 0111111999 r Oa....pI<> Primary C.d. Iu.a A,..,¡.... Inilia" r c-..u~ 0..01<.. 03 ~,-,-,_.. I OJM A.'-'- I r U,b.. R.n- b.!!i5w ~ r Ow.onbi, Ch".' IIDPrepOlIlO.'., I C Can..1 I I OWNER INFORNATION PHVSICAL LOCATION N- REVNDLDS I'VLE R' REYNOLDS LYNN M Pl....y Ad"'... 3054 N ENGLEWOOD WAY MERIDIAN 10 03G.2-Ð000 G..up Ty.. D.mi,tion S......IT .w..hi,.,Ra... 03 311 "01 ,8 ~Add'II." I SUR On",. . 239129 Ma~.. Add,... 3050 N ENGLEWOOD 'olAV MERIDIAN 10 83042.0000 ENOI.E'uIOOD CREEK ESTATES SUO NO 01 z..... C.de R-4 PAnCEL VALU~5 T ...1 P,...I Valu.. A...n.dAm' ¡----"""IDõÜ ra..bl. Am! r- 2~.00O- 51". PIIIC.I . P"'.'" Dotori,D.. M3360000oo0 LOT ULK 6 ENGlEWOOD CREEK ESTATE ., 1981236115199'06709 !\ el£¡;¡;j5ij 1 Rood, T."'A...... 0.195 ~s""II&PUbti'PIO,."'T"", ~R¡4SS]jIJ651 .--J PT..... 'lD85~TC NUM -~ 5:01PM APR 20 '01 10:35 2ø8 377 I'I/R" 0>0r." "'., APR-20-2001 FRI 08: 32 AM7RT TITLE 8' ð fi. ßobct led, lI!indow job MJ ~ ~H~I .QJ JW FAX NO. 208 377 0285 . p, 02 P....... J,po dÆJ~ dÆJ~ .~. (II . .. '. ;, Y..r 1999 ] Sub Pr...,.. T,p. J P.,..II R2J91291N20 PHYSICAl UJCATION Poo...,> Add,," S05< N fN6LEIoIIJOD WAY ",[mOIAN 10 1IJõ<2-0000 C,o.. T",.. SUO Gro.p 8 239119 O"".~;.n ENGLEWOOD CREEK fSTATES SUB NO 01 S..I;onIJ'ow.,hÕpJnonQ. OJ ~ "" Zon;ng C.de R.. PARCEL VAlUES Slate P.ro.1I P,...r\v O."'..~.n MSJSODO60IWO LOTULJ:6 ENGLEWOOD CREEK fSlArE NI 1IS81236B5 .,8106700 R..d¡ ToJoIA...... o.1S5 ~J/iiPubl",Pro""'h.... @R345SSOSSI ~ APR 20 '01 10:45 PI",""'n....1ion Date r D,op HOE 01111IJ999 r B""..,ple¡, Prim.,> C.d. AI.. App'o~...lnil;.,I, r I:'o.,i, 9,..ke. 03 Did,I." OJH 0"";1>< I r Urban Ron.w.' r OwnOlmp Chao"o llæI P,oparlP D.,., C Con..' I I OWNER INFOHHATlDN PARCELINFnR"'ATlDN S'o'., N,"", REYNOLDS KYLE n, REYNOLDS LYNN hi ] 05Add'llnfo I H,üing A~drc.. SII5. N ENGLEwOOD WAY "'ERIOIAN to 03S'2-DOOO 6fçi!ii~: I T.,oIP....IVoI,., A......4"" I 20.000 - r...bl.Amt r~i:õõõ ---.J !\ PT",11I. YOBSYTC HUM ..~ SOt PM 208 377 0285 PAGE,'";:> .H~IJUÑ l: ¡nat ~ectton 11-9-605 J., FENCES, is hereb amended tthe addition thereto. a new subsection to b numbered 10 and which shall read as follows: .!.:.. . The owner or applicant shall file an application for a fence variance with the City Clerk, which appllcation shall state the followlng: .h 4. 5. 6. 7. .h 9. 10. l. 2. Address of subject property; Name, address and phone number of applicant; Name, address and phone number of owners of the subJect property; Proof of ownership; Legal description of subject property; Present use of subject property; Zoning of the subject property; -Schematic drawing of the building and proposed fence; List of the mailing addresses of all property owners (from authentlC tax records of Ada county) withln 200 feet of the external boundarles of the land belng conslderea; 11. ~pl ication fee established by resolution OTTfie CounCl ¡; . . . Fence Regulation INSIDE LOT 9-617 A2 Property Line ~ ,," .... I CITY OF MERIDIAN 72!1 Merldlen Slre.t ~ lid or Open Fence SoBehind Set Back "--'-\ 3' Solid Fence 4' Open or Type Fence ~ In FrMt of Setback ../ e." 'c,"{ . / e Operr Access Li~\IHer Meters, Fire Hydrant, erg Power Transform , 6' Wood, Sol1d ( or Open Fence ......... Wood or Sol1d Fence or 4' Op,!n Fence e.e.'- c,"{ /' "- '3' \lood or Sol1d Fence 30' ~- VO' 4' Open Fence .L 'Y' cpr " .. ,="" . ~ Site Triangle ;; :::~:.;~ , >(7 » ~l9ft "," I<m' to \later Meters, Fire HYdrant~formers, etc.. . Power Tran EXHIBIT "D" "" I . . . . ,. . . ground area. etc:. . . . II . II . . . .. 9-605 1191 recreatio~ vehicles, commercial and ind~rial activity, number of dwelling units, maintenance of open space, private utility lines, allowable signing and amendment provisions. (Ord. 5S7, 10-1-91) . . J FENCES . Fences are permitted accessory uses in all districts and shall be regulated by the City ouilding Inspector. The following regulations shall govern the type, location, and construction of all fences. When a fence is erected not in con junction with a building permit for a principal use or building, a separate permit is required. . . 1. Electric fences shall be prohibited within the corporate limits of the City; I 2. Barbed wire may be permitted in commercial and industrial districts only when used as the top section for security fences and shall be a minimum of seventy two inches (72") above grade to the bottom wire; . 3. Open-vision fences may be built to the property line in commercial and industrial districts; . 4 . For the purposes of this Section, walls, latticework, and screens shall be considered to be fences and shall be built and maintained in compliance with the provisions hereof; . 5 . The use of boKes, sheet metal, old or decayed wood, broken masonry blocks, or other like unsightly materials for fencing shall be prohibited; (Ord. 430, 4-2-84) . 6. Fences may be erected in all residential and limited office districts subject to the following: . a. Solid or closed-vision fences to a height of thirty six inches (36"), or open-vision type fences to a height of forty eight inches (48") may be built from the front of the dwelling unit to and including the front property line. Fences to a height of seventy two inches (72") may be built from the front of the dwelling unit to and including the rear property line; . . . b. Any open-vision fence, wall, or planting on or within the clear-vision triangle shall be limited to thirty six inches (36") in height measured from the crown of the street; and . c. Solid or closed non-vision fences to a height of thirty six inches (36") or open-vision type fences to . . . -20- . III . -- . . d. -- .. - e. ... . .. J!I .. , . .Ja .¡ í I 1191 n"~g!11: 0::: :::o:::ty e~ght inche" (4~") may be built along the .front property......ine and along. the "ide property l~ne to the fr. of tfie dwell~ng unit, except that a fence of 3eventy two inche3 (72") in height may be built upon 3treet and 3ide property line3 from the front of the dwelling to the rear property line, provided that no cl03ed non-vi3ion fence which exceed" thirty 3ix inche3 (36") in height may be erected in the clear-vi3ion triangle. Any developer intending to con3truct a fence on top of a berm 3hall 3how the berm and the fence on the preliminary plat and 3hall include with the preliminary plat the de3ign, placement, height3, 3pecification3, and drawing of 3aid fence. .Any developer intending to con3truct a boundary fence on the boundaries of a prop03ed 3ubdivi3ion 3hall show the fence on the ~reliminary plat and 3hall in- clude with the preliminary plat the de3ign, place- ment, height, 3pecification3 and drawing of 3aid fence. lOrd. 557, 10-1-91) -21- 1191 . . . The policy fo~ the permission to and the conditions and ~est~ic- tions imposed by the permission to const~uct and erect fences within public right-of-way is hereby established as follows: 7. II a. Where a sidewalk five (5) or mo~e feet wide exists, an applicant may construct a fence immediately adjacent to the sidewalk on the dwelling side. When a sidewalk does not exist, the applicant must p~ovide a reasonably level walkway not less than five (5) feet, six (6) inches wide if adjacent to a collecto~ or a~te~ial street, or four (4) feet, six (6) inches wide if adjacent to a local st~eet, measured from the back of the curb or curb line; . II b. The design of the fence shall receive p~io~ approval by the City Building Inspector and must be built in compliance wi th such prio~ app~oval and in accordance with plans and specifications submitted; II II c. Fences shall not exceed four (4) feet in height in the front setback area o~ six (6) feet in height elsewhere on p~operty to be fenced and shall otherwise comply with this Ordinance; ÏI d. Regardless of the type of mate~ial used, fences shall be built of materials meeting Uniform Building Code ~equire- ments for structural stability, fi~e resistance, and safety; .. e. Fences and all appurtenant structures o~ footings con- structed on easements o~ public ~ights-of-way shall be ~emoved at the expense of the p~operty owner within thirty (30) days afte~ proper notifica tion by the City Building Inspector; II ~ ~ ~ ~ ~ ~ f. The applicant shall furnish and maintain liability insurance in which the City shall be named as the insu~ed in the minimum amount of three hundred thousand dollars ($300,000.00) property damage to anyone (1) person, th~ee hundred thousand dollars ($300,000.00) fo~ personal injuries to anyone (1) pe~son, and three hund~ed thousand dollars ($300,000.00') fo~ personal injuries to persons per occurrence; g. All work (such as grading, seeding, o~ paving between the p~oposed fence to be e~ected on public property and the curb or st~eet travel way) shall be at the expense of the p~operty owner and in acco~dance with the requirement and specification of the Ada County Highway District; h. If the City Building Inspector approves the applica tion, the applicant must obtain a building permit f~om the Department of Building, ACHD or State DOT, as applicable, -22- II II . " . . . . .. II . . . . II, . 81 n I~ 8« Ii' ',~ .t ,0 ~~ "" before commencing . said fence; i. construction or erect~on of the . With or without notice, the right, privilege and.per- mission to construct and erect a fence upon and with- in a public right of way is subject to revocation at the will of the City or owner of said right of way, and any expense incurred by the applicant in the con- struction and erection of a fence within the public right of way shall be done at the applicant' sown expense and risk; and j. The applicant will, upon the approval of the City Building Inspector of the right, privilege and permission to so construct and erect a fence, execute an agreement that the applicant shall acquire no property or contractual right in and to such public right of way. Whenever the City or Ada County Highway District, or State DOT, deems it necessary as a proper police measure to vacate and revoke such fence permit, the applicant has no alternative but to comply with the order of revocation. 8. illustration of fence regulations, see Section in the Appendix of this Ordinance. (Ord. 430, For an 9-617A2 4-2-84) 9. Subject to the other restrictions contained in this Section, "Fences", the maximum fence heights in each zoning district shall be as follows: ZONE HEIGHT a. R-4, R-8, R-15, R-40 and L-O 6.0 feet b. C-N, C-C, C-G and RSC, OT and MUR* B.O feet c. THE, I-L and M B.O feet *PROVIDED, HOWEVER, in all cases in paragraph b where a fence greater than six feet (6') is proposed, the applicant for the fence building permit shall submit the request for permit to the Planning and zoning commission for design review. (Ord. 465, 3-17-86) 10. If an owner or applicant desires to obtain. a variance from the provisions of this subsection 11-9-605J, "rences", it shall not be treated as a variance pursuant to the provisions of Sections 11-2-419 or 11-9-612, of the Revised and Compiled Ordinances and the procedure for such a variance shall not be governed by the aforementioned two (2) sections. There shall be a special procedure for variances from this fence Ordinance which shall be as follows: (Ord. 524, 4-3-90) -23- ..-- 11" a. 4IÞThe owner or applicant shal14ltle an application for a fence ...ariance with the City Clerk which application shall state the following: '. . (1) Address of subject property; (2) Name, address and phone number of applicant; II (3) Name, address and phone number of owners of the subject property; . (4) Proof of ownership; . (5) Legal description of subject property; (6) Present use of subject property; . (7) zoninq of the subject property; (B) Schematic drawing of the building and proposed fence; . (9) List of the mailing addresses of all property owners (from authentic tax records of Ada County) within two hundred feet (200') of the external boundaries of the land being considered; . .. (10) Mini8um requirements of this Ordinance that need to be reduced to permit the proposed fence; , (11) An application fee established by resõlution of the Council; (Ord. 524, 4-3-90; amd. Ord. 557, 10-1-91) , b. Upon receipt of the fence variance application the zoning Administrator shall set a hearing and see that notice is mailed by first class mail to all owners of property within two hundred feet (200') of the radius of the subject property, which hearing shall be held not sooner than fifteen (15) days after the mailing of the required notice and not more than thirty (30) days after mailing of the required notice. The notice of hearing does not need to be published in the official newspaper. . . 0 c. Théhearing established by this subsection shall be conducted by the fence variance committee which committee shall be comprised of the City Engineer, the Meridian Police Chief, one Councilmember and one planning and Zoning member. A quorum of said committee shall be a minimum of three (3) members of the committee. . I IIJ ~ -24- . .. -- II II II II I , . I -- . - j ~ ~ , j . n '- _:. "',',§ ~( .1 l,;::~ I 9-605 9-605 19J d8 Upon hearing the request ~ the fence variance, the committee shall either aPJllove or deny or approve with conditions, the application for fence variance; no written findings of fact shall be required but a written decision shall be written to the applicant and to any party requesting written notification of the decision at the hearing. e. Appeal: Any aggrieved party may appeal the decision of the committee directly to the City Council pursuant to subsection 11-2-416Gl. (Ord. 524, 4-3-90) K LINEAL OPEN SPACE CORRIDORS The extent and location of lands designed for linear open space corridors should be determined largely by natural features and, to a lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi-improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. TO preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To playa major role in conserving area scenic and natural values, especially waterways, drainageways and natural ha.bitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal, linkages; and 6. To link residential recreation facilities. neighborhoods, and park areas Subdivision plats or development plans shall show the location of any lineal open space corridors. L PEDESTRIAN AND BIKE PATHWAYS Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided -25- (E) (F) 176 1:I-dUt:i 9-807 . . expenses caused or incurred by the permittee, its servants, agents, employees, guests and business invitees. In addition, the permittee shall maintain and keep in full force and effect liability insurance in which the City shall be named as a named insured in amounts established by the Council. The limits of insurance shall not be deemed a limitation of the permittee's covenant to indemnify and save and hold harmless City. (0) Upon revocation of any permit given or granted, or in case of any disturbance or damage to pavement, sidewalk or other surface or structure, permittee shall, at its own expense, and in the manner required by the City, replace and restore such in a condition acceptable to the City. 9-807: FENCE REGULATIONS: (A) Electric fences are prohibited within the corporate limits of Meridian City. (B) Barbed wire may be permitted in commercial and industrial zones only when used as the top section for security fences and shall be a minimum of seventy two inches (72") above grade. (C) Open vision fences can be built to the property line in commercial and industrial zones, (D) For the purposes of this Section, walls, lattice work and screens shall be considered to be fences and shall be built and maintained in compliance with the provisions hereof. The use of boxes, sheet metal, old or decayed wood, broken masonry blocks or other like unsightly materials for fencing is hereby prohibited. Upon and within lots in all residential districts and limited office districts for dwelling units: 1. Interior Lots: Solid or closed non-vision fences to a height of thirty six inches (36"), or open-vision type fences to a height of forty eight inches (48"), may be built from the front of the dwelling unit to and including the front property line. Fences to a height of seventy two inches (72") may be built from the front of the dwelling unit to and including the rear property line. 2. Corner Lots: (a) Any open-vision fence, wall or planting on or within the clear vision triangle shall be limited to thirty six inches (36") in height measured from the crown of the street. 9-807 ,"""" r"o, 9-807 (b) Solid or closed non.vision fences to a height of thirty six inches (36") or open-vision type fences to a height of forty eight inches (48") may be built along the front property line and along the side property line to the front of the dwelling unit, except that a fence of seventy two inches (72") in height may be built upon street and side property lines from the front of the dwelling to the rear property line, provided that no closed non-vision fence which exceeds thirty six inches (36") in height may be erected in the clear vision triangle. (Ord. 285, 11-3-75) (G) 1. The policy for the permission to, and the conditions and restrictions imposed by the permission to, construct and erect fences within public right-of-way is hereby established as follows: (a) Where a sidewalk four (4) or more feet wide exists, an applicant may construct a fence immediately adjacent to the sidewalk on the dwelling side. When a sidewalk does not exist, the applicant must provide a reasonably level walkway not less than (1) five feet six inches (5'6") wide if adjacent to a collector or arterial street, or (2) four feet six inches (4'6") wide if adjacent to a residential street, measured from the back of the curb or curb line. (b) The design of the fence shall receive prior approval of the Council and must be built in compliance with such prior approval and in accordance with plans and specifications submitted to receive Council approval. (c) Fences shall not exceed four, feet (4') in height in the front setback area or six feet (6') in height elsewhere on property to be fenced, and shall otherwise comply with the zoning and building ordinances of City. (d) The fence, regardless of the type or material used, shall be built of materials meeting Building Code requirements for structural stability, fire resistance, safety, etc. (e) The fence and all appurtenant structures and/or footings shall be removed at the expense of the property owner within thirty (30) days after proper notification by the Mayor and Council to do so. (f) The applicant shall furnish and maintain liability insurance in which City shall be named as the named insured in the minimum amount of twenty five thousand dollars ($25,000.00) property damage to anyone person, fifty thousand dollars ($50,000.00) for personal injuries to anyone person and one hundred thousand dollars '($1 00,000.00) for personal injuries to persons per occurrence. 176 . . State 01 Idaho (Space Above This LIne For Recording Oata] FHA Case No. LOAN NO. 2316,40 DEED OF TRUST 121-1699221-703 THIS DEED OF TRUST ("Security Instrument") is made on December 2 2 ~ 1998 The Grantor Is KYLE R. REYNOLDS and LYNN M. REYNOLDS, HUSBAND AND WI~E ("Borrower"). The trustee is STEWART TITLE COMPANY OF IDAHO, INc. 8620 WEST EMERALD, SUITE 160, BOISE, ID 83704 ("Trustee"). The beneliclary Is REPUBLIC MORTGAGE CORP., A UTAH CORPORATION organized and existing under the laws of UTAH STATE whose address is 921 SOUTH ORCHARD, SUITE A, BOISE, 10 83705 ("Lender"). Borrower owes Lender the principal sum of One Hundred Twenty Three Thousand Eight Hundred Sixty Dollars and Zero Cents Dollars (U.S. $ 123,860.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides lor monthly payments, with the lull debt, if not paid earlier, due and payable on January I, 2029 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment 01 all other sums, with interest, advanced under paragraph 7 to protect the security of this , which is , and FHA Idaho Deed of Trust - 4/96 ELF-4R(ID) IS""I Peg" 018 ELECTRONIC LASER FORMS,INC. '1'001"".054' ~ . . LOAN NO. 2316.40 Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to the Trustee, in trust, with power of sale, the following described property located In ADA County, Idaho: LOT 4 IN BLOCK 6 OF ENGLEWOOD CREEK ESTATES SUBDIVISION NO.1, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 73 OF PLATS AT PAGES 7489 THRU 7490, AND AMENDED BY AFFIDAVIT RECORDED APRIL 25, 1997 AS INSTRUMENT NO. 97031808, AND FURTHER AMENDED BY AFFIDAVIT RECORDED MAY 2, 1997 AS INSTRUMENT NO. 97034289, RECORDS OF ADA COUNTY, IDAHO. which has the address of 3054 N. ENGLEWOOD WAY, MERIDIAN Idaho 83642 [Zip Code1 ("Property Address"); [Street, City], 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 COVENANTS that Borrower is lawfully seized 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. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for Insurance required under paragraph 4. In any year In which the Lender must pay a mortgage insurance premium to the Secretary of Housing and FHA Case No. 121-1699221- 703 ELF'4R(ID) "'041 p,"" of9 ~1£R . . LOAN NO. 2316.40 Urban Development ("Secretary"), or in any year in which such premium would have been required iI Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (Ii) a monthly charge Instead of a mortgage Insurance premium if this Security Instrument Is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available In the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all Installment items (a), (b), and (c) and any mortgage insurance premium installment that lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all Installments for Items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: Eîr§!. to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthiy charge by the Secretary Instead of the monthly mortgage insurance premium; Second to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third. to interest due under the Note; Fourth. to amortization of the principal of the Note; and Ðlli1. to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all Improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All Insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note arid this Security Instrument, first to any delinquent amounts ai;ø'~ 17 FHACasoNo. 121-1699221-703 L ELF-4R(ID) 198°'1 Pa,'3.," 'oll'a'" . . LOAN NO. 2316.40 the order In paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess Insurance proceeds over an amount required to pay all' outstanding Indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Secur~y Instrument or other transfer of title to the Property that extinguishes the Indebtedness, all right, title and Interest of Borrower In and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Propeny as Borrower's principal residence for at least one year alter the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notlty Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material Information) In connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument Is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee mle shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection w~h any condemnation or other taking of any part of the Property, or for conveyance In place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument Lender shall apply such proceeds to the reduction of the Indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the prlncipai shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If Iaiiure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. if Borrower fails to make these payments or the payments required by paragraph 2, or Iails to perform any other covenants and agreements contained In this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding In bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other Items mentioned in paragraph 2. FHA Case No. 121-1699221-703 ELF-4R(ID) ¡g,O'! P.g.'o,g Inll,..,iKlJvvl . . LOAN NO. 2316.40 Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear Interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be Immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation. secured by the lien in a manner acceptable to Lender; (b) contests In good faith the lien by, or defends against enforcement of the lien in, legal proceedings which In the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice Identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (I) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (II) Borrower defaults by failing, for a period of thirty days, to perIorm any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (Including Section 34t(d) of the Gam-St. Germain Depository Institutions Act of 1982,12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment In full of all sums secured by this Security Instrument K:. (i) Allor part of the Property, or a beneficial interest. in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (Ii) The Property is not occupied by the purchaser or grantee as his or her principai residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose If not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for Insurance under the National Housing Act within 60 days Irom the date hereof, Lender may, at Its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10, Reinstatement. Borrower has a right to be reinstated If Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender In a lump sum all amounts required to bring Bqrrower's account current including, to L the extent they are obli1lations of Borrower under this Security Instrument, foreclosure co~ts an 11, FHACasaNo. 121-1699221-703 \ ELF-4R(ID) ~604) pog., 01 9 Inltl"" . . LOAN NO. 2316.40 reasonable and customary attomeys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower. this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years Immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in Interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound: Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b}. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) Is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend. modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless appilcablelaw requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction In which the Property Is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that Is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. FHA Case No. 121-1699221-703 ELF-4A(ID) (9604) Pog. 9 of 9 '"III."~ . . LOAN NO. 2316.40 Borrower shall promptly give Lender written notice of any Investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or Is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property Is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to còllect the rents and revenues and hereby directs each lenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. II Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising Its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there Is a breach. Any application of rents shall not cure or waive ahy default or Invalidate any other right or remedy of Lender. This assignment of rents of the Property shail terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold, and shall cause such notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail copies of the notice as prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall give public notice of sale to the persons and In the manner prescribed by applicable law. After the time required by applicable law, Trustee, without demand on, Borrower, shall sell the Property at public auctio~to th,e, ' highest bidder at the time and place under the terms designated in the notice of sale in one or more FHA Case No. 121-1699221-703 ELF-4R(ID) 1""'1 -'So 7 of> '011'0'" . . LOAN NO. 2316,40 parcels and In any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or Implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Reconveyance. Upon payment of all sums secured by this Security Instrument. Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing d.ebt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 20. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance 01 the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law, 21. Area and Location of Property. Either the Property Is not more than twenty acres in area or the Property is located within an incorporated city or village. 22. Riders to this Security Instrument. II one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements 01 this Security Instrument as II the rider(s) were a part 01 this Security Instrument. [Check applicable box(es)]. W Planned Unit Development Rider D Growing Equity Rider DGraduated Payment Rider DOther [specify] D Condominium Rider FHA C... No. 121-1699221-703 ElF,4R(ID) 1'604) P.,..o18 ~-~ . . LOAN NO. 2316.40 BY SIGNING BELOW. Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with It. Witnesses: ¿ ~~ ,6 ~ ~<:> KYLE R. REYNOLDS. ~VV\ t{'~5\tJ~ . . YN . REYNOLDS.' (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower STATE OF IDAHO, ADA County ss: On this 22ND day of DECEMBER, 1998 ,before me, THE UNDERSIGNED a Notary Public in and for said county and state, personally appeared KYLE R. REYNOLDS and LYNN M. REYNOLDS known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that they executed the same. In witness whereof I have hereunto set my hand and affixed my official seal the day and year In this certificate first above written. Notery Public residing at: FHA Case No. 121-1699221-703 ELF-4R(ID) 19604) Pa.a.oI. the local govmimentat agellcies). After Grantor has IranMerrm title tc~'_~~ which contains a portion Oflhil perimeter fe!ICe it shall be the responlibillly of--- the owner of the lot to maintain, repair andfor replace as needed that portion of the maintenance, repain and lor replacement ahall be performed so IS to keep the perimeter fencing uniform. attractive and harmonious. , ~ - .- ," b) Otbl!!' OvImtmiI'enIieS,.Otbl!!' fénces by Lot Ownm an: not rcquiml. If a fence is desired, plans foril shall be approved by the Board prior to construction. Feftce! shall be of good quality and workmanship and shall be properly finished and maintained. Peftces may be built of'wood. IUch as a IS- foot, dog-eared cedars. Chain Unk fences are not snowed except along ditches or retention fencas are not allowed except along ditches or retention pond areas. Fences shall not be built closer to the front of the 100thsn even with the !font comer of thc bouse, nor within 20 feet of IItIy streel rigbu of way. 4.3.13 Construction Tunc. Once construction bllS begun, ~Ietion of cadi building or othl!!' improvement shall be dÐigently pursued and completed within 12 months. 4.3.14 Conmu.Ç\iQn on Premises. No pre-existing dwelling or per- fabricated dweUing shaft be moved onto any 101. All dwellings in this SubcfMsion must be constructed on the 101. 4.3, ] S Sewer Locations: Hook-uos. ChlltRe!l. Boise Citv: Insoeetion. AI1 bathroom, sink Md toilet lM:ilities shaD be located inside the cfwemng, and COIIIIccted by underground pipe to lot line sewer. a) ChIrßs: All connection and sewer charges Me lhe responsibility ofthc owner of each 101 at the time ofCOllllectJon and each lot owner after connection shall be IUbjcct to monthly sewer charges as set out in Boise City Ordinances or required by the affected sewer district. b). Sewer llI!IIeCtion: Eaeh owner ofa lot agrees to submit to inspection by the City of noise whenever that 101 is to be connected to the Boise sewage system andfor whenever a sewer line is constructed or installed on or within that owner'. lot. c) Boise C"rtv Powers: The City of Boise is hereby vested with the right and power 10 bring all actions _gainst the then owner of' any lot for the collection or any required sewer charges and to entòrce the impectIon conditions herein stated. COVENANTS, CONDITIONS AND RESTRICTIONS - 6 d\IaInIII!oa- Cm!: >\ ~: I.r ~I ~, ,0' ,I! Ii:'! ifi ,'i' it ,I I, ,~ "Ii, ¡ii I~ 1f ;[ I~ ! ". Ii! ¡t~~ Iii :;,1' ,J i[; .., '"" ,'; I"~ U ¡:~ ~'~ k ~,: ¡~: fl F "', " II II,: ~ ; co~ ,.~<¿.~ ",' ,/ \.\~ 970~52It~ ~ ì 0 '1 ~ ().. c:¡q;--' ^D,\ r.:.. ~("-O~D¡:;P, !)[!CLARATION OF j, D1,'/Ii) ':f,V:.r.RO COVENANTS, CONDITIONS AND RF.sTRlcrIOriS'~E ,I~ ,~ 1'1 '~'"';)y, FOR 'fI~WI7 ~ ' --.--- ENGLEWOOD CREEK ESTATES SUBDIVlSIONWJtlIj,J,;r!'l~'" - -~ 11US DECLARATION OF COVENANTS, C~ Dr ~ RESTRICTIONS FOR Englewood Creek Ellates Subdivision is mUl~t~ l¡ß"df!' ST OF ..!L day or :tt('I'\e.. . 1997, by linglewood Creek DcYclopment, CDI)., IIId Idaho Corporation. (hereinafter "Grantor" or "Declllf3llli. These Covenlnls, Conditions and Restrictions lIII'm:cde any previous COVeMIIl" Conditions and Restrlclions. ARTICLE I: RECITAI.S 1.1 ~erlV Covered. The property IUbjecl to this Declaration of Covenants, Conditions andlJ.eltrictions for ßnglewookd Creek Estates Subclivision(this "Declat:aûQII")Î8 all orthat property in Ada County, Stale oftdaho. which is conlilÏned in EngUewood Creek Eslates Subdivision legaDy described on ExIu'bit A atlached herelo, 1.2 Puq,me or Dcclaralilm. Englewood Creek Estales Subdr;ision is a mid~ dl!'Yf!!lopment, which Grllltor currentlly intends 10 deo;elop in accordance with existing development approvals obtailled, or lIlY other development plll1(s) ror wlúch Grantor !MY &om lime 10 time obtalll governmental approval. The purpose of lhis Declaration is 10 lei rorth the bl!lic mlrlclions, cCM!llllts. IimitatiOM, easements, conditions and equitable servitudes (collectively, the "Restrictions) that willi apply to the entire development IIId use of all protions ofthc Property. The Restrictions are designed to preserve the Pro¡Ierty's value, desirability and attractiveness. and to guaralnee adequate maintenance of the Common Area, and the tmprovements1ocated thereon, ARTICLE II: DECLALRATION Grantor hereby declares that the Propeny, IIId each ]01, parce~ or prOlion thereor, is and/or ahaIU be helld, wold, c:oIIYC)'Cd, encumbered, hypothecated, leased, used, occupied, and improved subject to the rollowing tenns, covenants, conditions, easement" IIId restriction.. alII or which are declared and agreed to be in fin1herancc or agenef1ll plan ror the protection. mainten1lJlœ; dubdivision, improvement and sale of the Pro¡Ierty, and to enhance the vanue. desirability and attractivenesa orthe Property. The terms, covenants, conditions. easementllld restrictiOßl set rorth herein: shall run with the IlIId constituting the Property, and witb each estate therein, and shall be binding upon all persons baving or acquiring lIlY right, title or iDterst in the Property or l1li)' lot, parcel or portion tbereor; shall inure to the benerll or every lot poarcen or portion of the Property and lIlY ¡nterat therein; IIId IbaD inure to the benefit of and be billding upon Grantor, Grantor's successors in IntereSt and each grantcc or Owner IllS sud! grantcc's or Owner's respective successors in interest, and may be enforced by Granlor, by lIlY Owner or such Ownéf's !IIIcceasors in interest, or by the Association, .~: ' : ;- Notwithstanding tile foregoing. no provision oI'this declaration ~I be constrUed u to prevent or limit (jnm\or's right to complete de..elopment 01' !be Property and 10 constrUct improvements thereon, nor Gnlntor', right to maÎDtlÌn IJIOdcl homes, CO1IS\tUction, sales or lcuing offiçes or similar l'acilities 011111)' portion of t~- incIuãmg \be ComntOo Ares or ally public right-of.way, nor Gr8I\tor's right tO1'OsuisM c incidental to CO!ISIIUClÌoo, sales, or lea.'ling. H ~ ,;. ";1 ARTICLE In: DImN1TtONS 3.1 ~ shaD mean \be Articles of Incorporation of the Associaûon or other organizational or charter documents of the Aaociation. 3.2 "n¡lO!WðM Creek Estates ~"bdjyjsion" shalllllCllllhe property described on Exhibit A. ~ 3.3 ~~ shall mean those payments required of OwIIen and AøocÏ8Iion Members. i" H 3.4 "AS!OC;atlon" shall mean Englewood Creek Estates Nei¡bborhood AssocIation, JJtc., a nonprofit corporation organized under the laws of lite Stale of Idaho, its suëçessol!l and usi¡¡ns. " ~ . -3.5 ~ shsll mean the Board of Direclol!l or other governing board or individu8l, ifappflcable, of the Associaûon and includes its authoriztd representatives. 3.6 ""u¡\dln.. Lot" shall mean OIIe or more lots as IICCificd or shown 011 ally Plat upon which Jrnpromnent! may be COIIstnlctecI. The term "Building Lot" shall include single-&mi!y residential lots, but shall not include the Common Ares. , ". I. : ~ 3.7 ~ shsll mean the Bylaws of the Associatioo )a copy of which Is attached ltercIo u Exhibit C}. 3.8 :çnmmon Area" shall mean ally or all parcels of E!n¡Iewood Creek Est8les Subdjyjsion that arc designated on the Plat u private streets or dri~ common open space, eommon areas and common landscaped areas, including but not limited to the foDowing parcels which Declarant shall deed to the Englewood Creek Estates Neighborhood Association: Lol I, Block 1; Lot I, Block 3; Lots 1,14, and 19. Block 4; and Lot 3. Block 6. As provided herein, the Association shall manage, maintain aDd operate these common area \oIJ (except the Association shall not ~ntain any irrigation latersls which are maintained by an irrigation dI8lrict). 3.9 10 time. "Declllrltion' shall mean this Declaration u it I118Y be amended from lime COVENAm's. CONDITIONS AND IU!STRlCTIONS . 2 ~1eOIoøII Cleek , ~ - --