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2020-07-01 Matt and Ashley NeukomMatt & Ashley Neukom 5120 West Larry Lane Meridian, ID 83646 July 1, 2020 City of Meridian Planning and Zoning Commission 33 East Broadway Meridian, ID 83642 Delivered via email to: cityclerk@meridiancity.org and atiefenbach@meridiancity.org Re: Tara's Landing AZ, PP H-2020-0048 Dear Planning and Zoning Commission: We own the property immediately to the north of the location for this proposed development. Thus, our southerly property line is the northerly property line of the proposed development. We are writing to request that you decline approval for the proposed subdivision. We have reviewed the information in the Development Application available on the City's website as well as plans provided by Mr. Mike Homan that show annexation rezoning to R-8 and subdividing the property with 29 building lots with common areas. We (Matt) also attended the neighborhood meeting to speak directly with Mr. Homan regarding his proposed plans; see attached letter dated February 27, 2020 to Mr. Homan. CC&Rs for Compton's Subdivision Number 2 exist, in which 5025 Larry Lane belongs. The CC&Rs require that subdivided lots be not less than one acre in size. The CC&Rs, which are attached, were recorded December 6, 1973 in instrument number 868-311. Based on legal counsel we have recently received, the CC&Rs are binding on properties within the subdivision. Each owner within the subdivision purchased their property based on the requirements and rights within the CC&Rs. To date, each property owner has respected the rules within the CC&Rs as well as those property rights of their neighbors. By disregarding the CC&Rs, Homan Land Development is not only creating a land density prohibited by the subdivision but forcing property owners opposing this development to defend their legal rights. We support development within the density provided by the CC&Rs of 1-acre lots. If that land density is unacceptable to property owners, paragraph 17 of the CC&Rs provides a mechanism for changing it by gaining the consensus of 75% of the land owners within the subdivision. Thus, please deny this application for development because it falls outside the covenants and suggest that Mr. Homan pursue legally changing them with the other owners within the subdivision. Please contact us if you have questions about this information. Sincerely, Matt A. Neukom matt@iccboise.com 208-965-3244 Ashley E. Neukom CC: Jack and Vicky Bartlett, delivered via email to iwb111@q.com and vic bartlett@q.com John and Libby Bagley, delivered via email to dancerdog2@gmail.com and jbagley604@gmail.com Mike and Jan Siren, delivered via email to esiron@msn,com Dan and Tami Cuthill, delivered via email to cuthill@iglide.net Matt & Ashley Neukom 5120 West Larry Lane Meridian, ID 83646 February 27, 2020 Mr. Mike Homan Homan Land Development 2229 W State Street, Ste. B Boise, ID 83702-3200 Re: 5025 Larry Lane Annexation Dear Mr. Homan: We have reviewed the plans you have provided for 5025 Larry Lane Meridian that show annexation rezoning to R-8 and subdividing the property with up to 31 building lots with common areas. You stated on the phone that you are aware of the CC&Rs for Compton's Subdivision Number 2 in which 5025 Larry Lane belongs. You also stated that you are aware of the CC&Rs' requirement that lots be re - subdivided into parcels not less than one acre in size. Please provide information to justify rezoning to R-8 and subdividing 31 building lots without conforming to the CC&Rs. The CC&Rs for Compton's Subdivision Number 2 originated from the original subdivider. Each owner presently within the subdivision purchased their property based on the requirements and rights within the CC&Rs. To date, each property owner has respected the rules within the CC&Rs as well as those property rights the CC&Rs grants to their neighbors. By disregarding the CC&Rs, Homan Land Development is not only creating a land density prohibited by the subdivision but disrespecting the collective guideline in which we have all agreed to live. Until we receive ample justification of the rezoning without conformance to the CC&Rs and observe consensus from the other owners within the subdivision, we cannot support Homan Land Development's proposed rezoning or subdivision. Section 17 of the CC&Rs provides a means to modify the CC&Rs while simultaneously gaining consensus from 75% of property owners of the subdivision. We suggest that this process be followed prior to proceeding with Homan Land Development's proposal. Please contact me if you have questions about this information. Sincerely, Matt A. Neukom matt@iccboise.com 208-965-3244 Ashley E. Neukom CC: Jack and Vicky Bartlett, delivered via email to iwb111@q.com and vic bartlett@q.com John and Libby Bagley, delivered via email to dancerdog2@gmail.com and Ibagley604@gmail.com Mike and Jan Siren, delivered via email to esiron@msn.com Dan and Tami Cuthill, delivered via email to cuthill@iglide.net City of Meridian Planning Department, 33 E Broadway Ave. Suite 102 Meridian, ID 83642 :90✓ COON SUBDIVISION WAM 2 - --._ Dated: December 6, 1973 3 j' 43 S 3 (o Recorded: December 6, 1973' instrument No. 868-311 The undersigned being the owners of the property hereinafter described, hereby adopt the following protective covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be kuoua as the Compton Subdivision Number Two, in Ada County, Idaho, according to 'the official plat thereof filed in Book 31 of Plats at Page 1935, records of Ada County, Idaho. _ Tha iiid Compton Subdivision Number Two is to be divided into residential areas of five acres or larger each and any lots larger than one acre may be _ r'k'idividedby the owners thereof into parcels not less than one acre is size by compliance with the local and state regulations and laws... The following covenants shall ran'with the land and be in force and effect for twenty-five (25) y ars'Eireafter unless sooner terminated by agreement of the owners of the _ i seventy --five (75) percent of the land in the subdivision and. are as follows, to- m. t: (1) The ground floor area of the rain structure of each residence on this sdbavision'shall be not less than 1,200 square feet. Dwellings shall be well constructed of good quality, material and workmanship substantially the *same or better than those now established in said F._ subdivision; no -residence shall be less than $20,000.00 in value or better, based on July 1973 values. Construction. plans to be approved by subdivider. Present residence and' buildings on Lot No.- 1 to be excluded from i e above. i (2) Architectural Control Committee - i A. Vai6ership:' The Architectural Control Committee is composed of JOHN R. COMPTON IRIS U. COJIPTON AND LAMP R. COMPTON Poise, Idaho. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the co*mv ttee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated re5resentatives shall be entitled to ary coapensation for services performed pursuant to this covenant. At any time, the then record owners of a majority of the lots shall have the power throuzh a duly recorded written instrument to change t?m membership of the committee or to withdraw frost the committee or restore it. any of its powers and duties. B. Procedure: The Committee's approval or disapproval as required in these covenants shall be in writing. In the event the coL=d.ttee, or its designated representative, fails to approve or disapprove within 30 days after pims and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been conneneed prior to the compl.Qtion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. (continued) . ' PACE 2 instrument Number 868-•3]1 (3) No building shall be located on any lot nearer than fifty (50)^feet:".— from the front lot line and twenty—ii�ve (25) feet to any -side line. No bar�if loafing shed or other buildings for housing or care of any animis sha]I a . Placed within one hundred (100) feet of any established residence _. or Individed well, nor nearer than one hundred fifty1 fig, ` front line. (50) feet from the• _. (4) Construction of any residences or churches on the subdivision shall be. diligent1y•pursued after commencement thereof, residences to be completed; within one (1) year and churches within eighteen (18) months after eommencement.of construction. (5) "No building shall be moved onto the above le az d t premises unless the quality, at - y type thereof is approved by the adjoining owners within the. subdivision.:.. (6) Na shack, tent, Mobile Home, Trailer house, or basement only,'eha11 be used within this subdivision for living quarters, permanent, not to exceed six (6) months during construction. (7) Nothing'of an offensive, dangerous, odorcus," r noisy kind shall be - _ conducted or carried on nor shall anything be done or permitted in said subdivision wbi.ch may be or become an annoyance or nuisance to the other ...property owners in said subdivision. feeds shall be kept out. (8) All animals kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use Of the property of others. Numbers of an4mnlre shall be kept to such numbers as not to create unsightliness, excessive noise, offensive odors or dariberous conditions. No business 'shall be conducted on the above property that cannot be conducted within the residence or shop of the owner, except for limited raising of livestock within the restrictions herein. No signs larger than 36" $ 24" shall be installed to advertise said business, if any, and shall be limited to any said sign on each parcel. (9) All outbuildings shall be constructed of good quality building materials completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property. Lr (10) No building or structure shall be placed on said property so as to obstruct the windows or light of any adjoining property owner in said sub- division. (11) Easements for installation.and maintenance of -utilities and drainage facilities are reserved, as shown on the recorded plat of said subdivision over the areas indicated on said plat. Within these easements no structure, planting or other material shall be placed or permitted to remain *dch may damage or,interfere with the installation and maintenance of utilities, or which may change the direction of flow of water through drainage channels- in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the ovmer of the lot, except for those improvements for which a public authority or utility is responsible. ti�4'1303 ' page 3 Instrument No. $b& 311 . (1.2) Fences: No fence, hedge or boundary mall situated anywhere upon a building site shall have a haight greater than six feet above the fencedp graded surgace of thdi ground upon which such fence, hedge or wall is situated. :• The construction or maintenance of spite fences or spite trees or shrubs shall..s. be prohibited upon all building sites of this subdivision. All wooden fences shall be constructed in a substantial manner, and be maintained in good repair .: so as to be inoffensive to any other property owners in said subdivision. ' (13) The grantors are under no obligation to deliver domestic water or to furnish rights -of -way is connection with the delivery of domestic water to any lot or building site in this subdivision. It is comtemplated that domestic water for use in any building erected upon a building site shall be supplied by the Grantee• and originate front a well to be drilled and excavated by the Granteeat his expense. Such wells shall be located at a minimum distance of 100 feet from the individual sewerage disposal facilities and shall comply in all respects with regulations and health standards of the Ada County Health Department and State of Idaho Department of Health. Grantors have no obligation to convey irrigation waters to individual parcels In this subdivision, but each parcel shall be entitled to whatever easement shall be necessary to convey irrigation seaters from laterals or head ditches across -other parcels to a point of use on each parcel. Each parcel owner shall be responsible for cleaning and upkeep on his irrigation supply ditches and for waste water courses crossing his parcel. In the event two or more parcel owners use the same irrigation supply ditches they shall share the upkeep and cleaning of said supply ditches as their interests may appear. (lit) All bathroom, sink and toilet facilities shall be located inside the duelling house or other suitable appurtenant building and shall be connected by underground pipe with a private septic tank, placed at a depth and made of a type construction'approved by the Ada County and. the State of Idaho Health authorities. Drainage from septic tank shall be kept within the building limits of each building site. Approval of all sewage -disposal systems installed shall be obtained from the City -County Health Department and the Grantor.'shall have no obligation for construction of any sewer or provide any connection thereto. (15) Any driveway constructed on any of said lots shall have a pipe thereunder at least 10 inches in diameter, near the street line of said properties and at i point where said driveway crosses any ditch or pipe used for the conveyance of irrigation water, said pipes being for the purpose of permitting the movement of irrigation waters and for the purpose of drainage, said pipes shall be 12 inches in diameter. The pipes herein referred to may consist of tile, concrete, iron, or steel, or any other substance of permanent nature. All pipe installations made within a dedicated right of way shall be made only after plan s therefor shall have been issued by the Ada County Road Supervisor, with respect to the adequacy of such installations for drainage purposes. Page 4- ' Instrument No. 868»313 (10-No lot or building site includedwithin the subdivision shall be' used or maintained as a dumping ground for waste- material. incinerators used for disposal, if permitted, and other receptacles or storage of trash garbage, etc., shall be maintained in a sanitary and clean condition. No junk machinery, trailers, trucks, appliances, or unsightly material of arW sort or nature, or junk automobiles shall be kept on any of said premises. Storage of any machinery, trailers,. trucks, boats, automobiles,, etc., shall be stored in an orderly manner so that the same shall not constitute an unsightly condition.' No machinery, building equipment, or 'building material shall be stored upon a site until the Grantee is. ready, and able to commence the construction with respect to such building upon, which such building material will be used, then such building material. ' shall be placed within the property line of such building. site upon.. which the structure is to be erected.. (17) These covenants shall run with the land and shall be binding on all persons owning under them for a period of twenty-five (2n)gears from the date of the recording hereof, after which time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of. the instrument an instrument signed by.the owners of 75% of the land of the subdivision has been recorded agreeing to change or terminate said covenants.in whole or in part. (18) Enforcement against any person or persons violating or attempting._' to'violate any covenant herein after ten (10) days notice thereof in writing served on the offending party, shall be had by the property owners within the said subdivision, either at law or in equity. In the event of a judgment against any person for such violation, the Court may award injunction against further violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees and court costs as may be suffered or incurred, and.such other or further relief as may be deemed -just and equitable. IN lTitir'SS 3EREOF we have set our hands this 25th day of Novembe a 197.4 / John R. Co n Iris M. Conpt,zm :":•STATE OF IDARO) r COLT= OF ADA SS - �- biF-this �5th day of November 397u before me, a 2.0 y T tarry- plblic a.iP And for said State, personally appeared JOB R. Compton ? Iris M. Compton r: ..........-and known to me to be the persons whose names are subscribed i e above ns �ent and acknowledged to me that they executed the same. —'e- j ` � Residing at B6ise, Ida Notary, pu � for, Icahn t Pass ' - Instr meat Ho. 868-311' ti _. • _ - I _BMW ACM TO THE COVE Ai;TS BE= MCBM FOR CUT�Oi(SUMVISIUiI :- )WIM TVO� (2), BY Tay aaGIM C WM JO HN R. COMP= An IBIS X.. -meat cures G. Giles vutl iia, B-za ft, Secy.-Treas.. Linda X. Cuilm -4. Comm CT LOT No. is Jane Betzso t �`TATf QF JOW, Qai)Nf'Y (IF ADO, sF yJ F40 fq� woo at the �iill•,D.1�sc,cQ_o�dotk-IL _ if) u 4 W r?2w a °J C3�wcEQOCe .r w ce = e-- Z c, 210 u, w $ I I LLJ_�_ sn Pam— � c� C? °° C �' T CD a v o m n V N (2 OA k cn cn t cz er. N N � - o�ras � 3 ryd \ 0.M BSoVMg�, �Vtivv�°j v ZZS v I � � al I I I N M 912979 �l WARRANTY DEED FOR VALUE RECEIVED JOID" R. CO:LtTON and IP.IS M. COMPTON, husband and wife, thee Grantors , do hereb}' g grant, bargain, sell and convey tintu `�/ CURTIS G. GUILES and LINDA K. GUILES, husband and wife,\/ the Grantees , those address is the following described premises, to -wit - Lot 3 of Compton Subdivision2 according to the official plat on file with the county recorder, county of Ada, State of Idaho. TO I -LAVE AIND, TO HOLD the said premises, with their appurt•_nanccs unto the said Grantees , their heirs and assigns forever. And the said Gr rotors do hereby covenant to and %vith the said Grantee s, that they are the own,-:- sin fee simple of said premises; that said premises are free from all encumbrances and that the y will warrant and defend the sane from all lawful claims whatsoever. Dated: ri / %may' L � ' � % �� � . �iy J �i / ,: , •r�/�-rr� rr.-> STATE OF IDA HO, COUNrY OFpda On this ! day o�{—l— 1974 . before me, a notary public in and foe said State, personally appeared NAIL TAX .NOTICE. TO: Address - john R_ Compton and City 5c State_ Zip Iris M. Compton, husband and _ --m to me tc be the perso na^, w-ho se name s are ;ubsen-bed to t1ie tvithir. to omen[, and aeI nowled�ed to theg`l:ai� K' uted the sane. �--c +1r\iL DEED 1'U: — t ' �-:.Lag at E015•?� . Idaho / C2pirOI ^ " v c � v aJ 0