Scott, Jeremiah & Katie
MAYOR
Tammy de Weerd
,
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~ CITY OF '~~l.:ll
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CITY HALL
(208) 888-4433 - Fa." 8874813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 - Fax 898.9551
LEGAL DEPARTMENT
(208) 466.9272 - FAX 466-4405
CTIY COUNCIL MEMBERS
Keith Bird
William L.M. Nary
Shaun Wardle
Charles M. Rountree
May 3, 2004
Jeremiah & Katie Scott
2747 N. Willowside Way
Meridian, Idaho 83642
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City OfIVlerid:i.an
City Clerk
Re: Fence Waiver Application
Dear Mr. and Mrs. Scott:
This letter is in response to your fence waiver application for the property located at 2747 N.
Willows ide Way, Meridian, Idaho. In your application you asked to be allowed to reduce the
setback from 20 feet to 6 feet along W. Crossridge Street.
We received comments in opposition of the proposed fence waiver from surrounding property
owners, whom were notified in accordance with the City's Zoning and Development
Ordinances. A revision to the original request changing the street side setback from 6-feet to 10-
feet with the comer angled in toward the abutting property was submitted with the signed
approval of the objecting neighbors.
The City has approved your Fence Waiver with this change. The approved setback for the fence
location will be a minimum of ten feet from the property line on W. Crossridge Street, starting
at the front edge of the house. This approval is subject to the conditions noted below. Section
11-1-11 of the 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 from the property line along W.
Crossridge Street.
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}
PLANNING AND ZONING DEPARTMENT
660 E. W A1ERTOWER LANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884.5533 ~ Fax 888.6854
4. You must obtain a building permit for your fence from the City of Meridian Building
Department prior to construction. You must also call for an inspection of the fence once
you have completed construction.
The City of Meridian has no jurisdiction in the enforcement of the proVIsIons of your
subdivision's protective covenants. We recommend that you obtain approval from your
homeowner's association for this fence location. 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 free to call me at 884-5533 if you have any questions or concerns regarding the conditions
of approval in this letter.
Sincerely,
&zy~ /UkIt 161.. ~ .I$(JIlC~ ;O~
Anna Borchers Powell, AICP
Zoning Administrator
City of Meridian Planning and Zoning Department
Cc: File
Building Department
City Clerk
PLANNING AND ZONJNG DEP ARTIvlENT
660 E. WATERTO\VERLANE, STE. 202, MERIDIAN, IDAHO 83642
(208) 884-5533 - Fax 888-6854
RECEIVED
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
APR 23 20(111
City of Meridian
City Clerk OffiCI.'
Account:
C I'/-) {) f fY\ -e. ( I '~ I' "- Yl Identification:
3, r:. Tel (\ Lv A ve 'Run Dates:
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Address:
Number Lines
3~
Amount
31.,-/0
2'.'1 I
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Attention:
Other
Frank Thomason, being duly sworn, deposes
and says: Th::lt hE'> ie:: t'le Principal Clerk of
City of Meridian Lt_. ....~. f spa per published at
NOTICE OF APPLICATION I .... t5 . () Idaho; that the said
For Fenee Waiver rculation in the said
NOTICE IS HEREBY GIVEN, pursuant to thc Ordinancesofthe City theOrdiilances of the City vicinity of Meridian,
of Meridian and the laws of the State of Idaho, that ,JCI'emiah and Katie, that Jeremiah and Katie .een uninterruptedly
Scott has i'iledwith the Zoning Administrator of the City of Meridian an of the City of Meridian an
application for a Waiver from the Fence Ordinance regarding their property lcen:gardingtheir property :y during a period of
located at 2747 North Willowside Way; Meridian, Idaho. TlieAppHcu!lt ian; Idaho. The Applicrint eks prior to the first
proposes that the fence will be feet from the sidewalkalorigWestCrossridgeiwalk along West Crossridge Df which is attached
Way. .. .... ............ .....<........ ..... . .... ...... cewas published in
Comments, eitherforor against, said application musthefilcdwiththeltion must be filed with the vith Section 60-108
Z~ning !'dministrator withintifteen (15) days after theini~ialpllbliC~tionOf~rtheini~ialpubli.s~ti':moLd, for 2- time(s)
thls nO~lce a~ld. shall be addressed. to Anna B. ~owell, Zon!l1~.~dnljnJstrat% t';'ell, ZOl1m~~drn'.IlJstrat~r, 9 of said pa er and
CIty 01 Mendlan, 660 E, Watertower Ln., SUite #202, Mendlan,Idaho. If 1#202, Mendlan,ldaho.If p '.
there are pertinent and compelling objections filed within the timeallmved, Idwithin the tirncallowed, p~oper, and n~t In a
the Zoning Adnlinistraior may schedule a hearing on theapplicatiCln, g on the application. .. ........ otlce was published
!he property at 2747 North, '~i.noWSi~e,'Va.y..... is..jl.l..or..'.:>...l.)...I.~.....r.t...i?U..I.a..r.....I.y......'Yay ismo.re. p~.r~...i.C.....U...I...a...r.ly.. . 'I 'the follOWing dates:
dcscnbed as Lot 9 Block 15 of Tncla s SUbdIVISIOn. No.3, Mendwn,Ada:slOn No; 3, Mendlan;Ada. I ) LCd l../
cOllnZ~~daaJ~o~lI Interested persons are welcome arid i1lvitcdtosubmit.. . . and invitcd to submit com- . ~ "
ments.
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PUBLISH 12'" and 19'" of April 2004
Notary Public for Idaho
Residing at Boise, 10
ission eXPire~-}S -1- 3} ~b
CflY OF MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ill 83642
(208) 884-5533 Phone / (208) 888-6854 Fax
FENCE WAIVER APPLICATION
(RE: Meridian Zoning Ordinance 12-4-10 Fences)
APPLICANT: Jc\Z..EMH\ ~ SCei\T
ADDRESS: Z' Ii r ~. W '::s:. LLC:;. ~ ~:J;::.1:> 'E.
PHONE: 'Z_c8" e'l Ej -:so Y t 1O FAX:
~ K ~'Td:L
\N f.\.. "I
SC6l\
E-MAIL:
OWNER(S) OF RECORD (IF DIFFERENT FROM APPLICANT):
ADDRESS:
PHONE:
FAX:
E-MAIL:
PROOF OF OWNERSHIP: (Copy of deed or option must be attached)
NOTARIZED CONSENT OF PROPERTY OWNER (See attached Affidavit of Legal Interest)
LEGAL DESCRIPTION OF PROPERTY: LOT#~ BLOCK#15 SUBDIVISION: 3
PRESENT USE OF SUBJECT PROPERTY:K ~f.:"~:L l.::-..'E~\. \ k L-.
ZONING OF SUBJECT PROPERTY: 'K t SI.~~--,\\J"\ 'I ~ l--
DESCRIPTION OF THE MINIMUM REQUIREMENTS OF THIS TITLE THAT NEED TO BE REDUCED TO
PERMlTTHEPROPOSEDFENCEWAIVER? I AM ?~QQ~_S'T\NG "\Q. '\3;\2.U..JG A. ~"'V\.Jcc%'LN
LSP,-, \:>)
~~Cf__l?- () u"'\ \" C)
SCHEMATIC DRAWING: Attach drawing showing buildings, streets, & proposed fence.
-:::. i ~ FF~ ~~a 1'1\ C~-!ff_ e ~ -S -fb:ll-Wv\t--\(. 6<:\L ~o~,y L \ KJ
W. CNb<'Hiauy.- 51Y~ .
SURROUNDING PROPERTY OWNERS: List of the mailing addresses ofall 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 STATE:MFNT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE
SUBDIVISION OR A COpy OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES.
Applicant's Signature:
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
)
COUNTY OF ADA )
I, <3 ?JQ.E-IV\ \~ ~
(name)
'SLR>"l"'('
Me-\L\~I^N
( city)
.:::c. ~~~
(state)
:2- .. 1-/1 ~. \.~ t l....-'-C> ~.~ i ~ W ,f\;. '\.(
(address)
being first duly sworn upon
oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my permi
to submit the accompanying application pertaining to that pro
2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless
from any claim or liability resulting from any dispute as to the statements contained herein
or as to the ownership of the property, which is the subject of the application.
Dated this 221\A
day of
\'I\"~L~
, 200 t...1 .
~~"
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
~~-,._,."~.'")
Residingat Z-l"\ ~ I"".L-M-- ,C~Ll \
My Commission Expires: 0'1 I ,./?ao'i?
MANN FINANCIAL INC. D/B/A REPUBLIC MORTG
P.O. BOX 1161
HELENA, MT 59624
406-442-1059
DEED OF TRUST
THIS DEED OF TRUST is made this
JEREMIAH SCOTT ~nd KATIE SCOTT,
1st day of
WIFE AND HUSBAND
MIN
July 2003
100063200000127959
, an10ng the Grantor,
(herein "Borrower"),
PIONEER TITLE COMPANY OF ADA COUNTY
(herein "Trustee"), and the Beneficiary,
Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's
successors and assigns). MERS is organized and existing under the laws of Delaware, and has an address and telephone number
of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
MANN FINANCIAL INC. D/B/A REPUBLIC MORTGAGE
existing under the laws of
3210 EUCLID AVENUE,
MONTANA
HELENA, MT 59601
, ("Lender") is organized and
, and has an address of
BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and
conveys to Trustee, in trust, with power of sale, the following described property located in the County of
ADA , State of Idaho:
LOT 9 IN BLOCK 15 OF TRICIA'S SUBDIVISION NO.3 ACCORDING TO THE
PLAT THEREOF, FILED IN BOOK 85 OF PLATS AT PAGES 9468 AND 9469,
RECORDS OF ADA COUNTY, IDAHO, AND AMENDED BY AN AFFIDAVIT
RECORDED DECEMBER 12, 2002 AS INSTRUMENT NO. 102148814.
Item #: RR8528150590
which has the address of 2747 NORTH WILLOWSIDE WAY [Street).
MERIDIAN [City]. Idaho 83642 [Zip Code] (herein "Property Address");
TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances
and rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), all of which
shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with
said property (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter referred to as the "Property."
Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Deed of Trust;
but, if necessary 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 those interests, including, but not limited to, the right to foreclose and sell the Propel.ty; and to
take any action required of Lender including, but not limited to, releasing Or canceling this Deed of Trust.
TO SECURE to Lender the l'epayment of the indebtedness evidenced by Bon'ower's note dated
July 1st, 2003- and extensions and renewals thereof {herein "Note"). in the principal sum of
U. S. $ 16,299.0 D , with interest thereon, providing for monthly installments of principal and intet'est, with the
balance of the indebtedness. if not sooner paid, due and payable 011 July 1 s t, 2018 ; the payment
of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the
performance of the covenants and agreelnents of Borrower herein contained.
cS@.76N(ID) (0200)
pngc , or o'l
VMP MORTGAGE FORMS- (800)5<1-7~91
'nll;"I"~
Form 3813
Amended 2/99
IDAHO - SECOND MORTGAGE. 1/80. FNMA/FHLMC UNIFORM INSTRUMENT WITH MERS
Borrower covenUlll$ that Bon'ower is lawfully seised of the estate hereby conveyed and has the right to grant and convey
the Propeny, and thnt the Property is unencumbel'ed, except for encumbrances of record. Borrower covenants that Borrower
warrants and will defend generally the title to the Property against all claims and demands, subject to encumbnmces of record.
UNIFORIVI COVENANTS. BOITower and Lender covenant and agree as follows:
1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness
evidenced by the J'.:ote and late charges as provided in the Note.
2. Funds for' Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to
Lender on the dny monthly payments of principal and interest are pay..ble under the Note, until thc Note is paid in full, .. Stlln
(herein "Funds") equal to one-twelfth of the yearly \axes and assessments (including condominium and planned unit
development assessments, if any) which may attain priority over this Deed of Trust, and ground rents on the Property, if any,
plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for
mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and
bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent
that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such a holder is an institutional lender,
If Borrower pays Funds to Lender, tbe Funds shall be held in an institution the deposits or accounts of which are insured
or guaranteed by a federal or state agency (including Lender if Lender is such an institution), Lender shall apply the Funds to
pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge" for so holding and applying the
Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on
the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of
execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is made or
applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the
Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the
Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums
secured by this Deed of Trust.
If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due
dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes,
assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly
repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall
not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender
any amount necessary to make up the deficiency in one or more payments as Lender may require.
Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds
held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender
shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at
the time of application as a credit against the sums secured by this Deed of Trust.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note
and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under
paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note.
4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under
any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including
Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other
charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold
payments or ground rents, if any.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected ,on the Property insured
against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require and in
such amounts and for such periods as Lender may require.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that
such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to
Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right
to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a
lien which has priority over this Deed of Trust.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss
if not made promptly by Borrowcr.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is
mailed by Lender to Borrower that the illsurance carrier offers to settle a claim for insurance benefits, Lender is authorized to
collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured
by this Deed of Trust.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower
shall keep the Property in good repair and shall not commit wastc or permit impairment or deterioration of the Property and
shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a
condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or
covenants creating or govet'ning the condominium or planned unit development, the by-laws and regulations of the
condominium or planned unit development, and constituent documents,
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of
Trust, or if any action or proceeding is conUllenced which materially affects Lender's interest in the Property, then Lender, at
Lender's option, upon notice to Borrower, n1ay make such appearances, disburse such sums, including reasonable attorneys'
fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of
making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect
until such time as the requirenlent fo,. such insurance terminates in accordance with Borrower's and Lender's written agreenlent
or applicable law.
Any alnotlnt~: disblll.sed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall beconle
additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other tel'lns of
payment, such nmounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained
in this paragraph 7 sl1./111 rcquire Lendcr to incur any expense or take any action hereunder.
8. Inspection. Lender may make or cause to be Inade reasonable entries upon and inspections of the Property. provided
that Lender shall give 80rrower notice prior to any such inspectioll specifying reasonable cause therefor related to Lender's
interest in the Property.
9. Condemnation. The proceeds of any award or claim fo,' damages, direct or consequential, in connection with any
condemnation or Qlh.:,. taking of the Property, or part ther.:uf, or for conveyance in lieu of condemnation, are hereby assigned
and shall be paid to L<'I1c1cL". subject to the terms of any mortgage. deed of trust or other secul'ity agreement with a lien which
has priority OVe1' Ihis Deed of Trust.
~-76N(ID) 10200;
PiJge 2 o~ .:l
1.,lI.,. AL r c;....
~3813
10. BOJTOWer Not Released; Forbearance By Lender Not a Waiver. Extension of the time for paYlnent or modification
of amortization of the SLims secured by this Deed of Trust granted by Lender to any successor in intercst of Borrower shall not
operate \0 release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not
be required to commence proceedings against such SllcceSSOr or refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Deed of Trust by reason of any demal1d made by the original Borrower and Borrower's
successors in interest. Any forbearance by Lender in exercising any right 01' remedy hereunder, or otherwise afforded by
applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein
contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and severnl. Any
Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of Trust only to grant and
convey that Borrower's interest in the Property to Trustee under the terms of this Decd of Trust, (b) is not personally liable on
the Note or under this Deed of Tnlst, and (c) agrees that Lender and any other Borrower hereunder mny agree to extend,
modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the Note, without that
Borrower's consent and without releasing that Borrower or modifYing this Deed of Trust as to that Borrower's interest in the
Property.
12. Notice. Except for any notice required under applicable Inw to be given in another manner, (a) any notice to Borrower
provided for in this Deed of Trust shall be given by delivering it or mailing such notice by certified mniI addressed to Borrower
at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any
notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender mny
designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been
given to Borrower or Lender when given in the manner designated herein,
13. Governing Law; Sevel'ability. The state and local laws applicable to this Deed of Trust shall be the laws of the
jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Deed
of Trust. In the event that any provision or clnuse of this Deed of Trust or the Note conflicts with applicable law, such conflict
shall not affect other provisions of this Deed of Trust or the Note which can be given effect WithOl.lt the conflicting provision,
and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs,"
"expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein.
14. Borrower's Copy. Borrower shall be fumished a conformed copy of the Note and of this Deed of Trust at the time of
execution or after recordation hereof.
IS. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation,
improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require
Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses
which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the
Property.
16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property 01' any interest in it
is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without
Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Deed of
Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Deed
of Trust.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not
less than 30 days from the date the notice is delivered or mailed within which Borrower mllst pay all sums secured by this Deed
of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted
by this Deed of Trust without further notice or demand on Borrower.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or
agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of
Trust, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the
breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to
Borrower, by Which such breach must be cured; and (4) that failure to cure such breach on or before the date specified
in the notice may result in acceleration of the sums secu red by this Deed of Trust and sale of the Property. The notice
shal1 further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
the nonexistence of a default or any other defense of Borrower to accelerntion and sale. If the breach is not cured on or
before the date specified in the notice, Lender, at Lender.' s option, may declare all of the sums secured by this Deed of
Trust to be immediately due and payable without further demand and may invoke the power of sale and any other
remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in
pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees.
If Lender invokes the power of sale, Lender Shall execute or cause Trustee to eXecute a written notice of the
occurrence of an event of default and of Lender's election to enuse the Property to be sold and shall cause such notice to
be recorded in each county in which the Property or some part thereof is located. Lender or Trustee shall mail copies of
such notice in the manner prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the
manner prescribed by applicable law. After the Inpse of such time as may be required by applicable law, Trustee,
without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and
under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine.
Trustee may postpone sale of nil or any parcel of the Property by public announcement at the time and place of any
previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or
warranty, expressed OJ. 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 reasonable costs
and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title
evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled
thereto.
] 8. BorrOWel"'S Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust due
to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Tnlst
discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale
contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums
which would be then d1-IC under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of
any other covennnts err agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses
incuned by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in
enforcing Lender's and Trustee's remedies as provided in pnrngraph 17 hereof, including, but nOT limited to, I'easonable
attorneys' fees; and (d) Borrower takes such action as Lender mny reasonably require to assure that the lien of this Deed of
Trust, Lender's interest in the Property nnd Borrower's obligation to pay the sums secured by this Deed of Trust shall continue
unimpaired. Upon such payment nnd cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in
full force and effect <IS if no aceelerntion had occurred.
~<!> -76N(FD) 10206)
Page 3- of <l
Inil",,/5~~
Form 3 8 1 3
19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereundel', Borrowel'
hcreby assigns to Lender the rents of the Property, provided that BOlTower shall, prior to acceleration under pnragraph 17
hereof or abandonm<:llt of the Property, hnve the right to collect and retain such rents as they become due and payable,
Upon acceleration under paragraph 17 hereof 01' abandonment of the Propcrty, Lender, in person, by agent or by juc1icinlly
appointed receiver shall be entitled to enter upon, tnke possession of and manage the Property and to collect the rents of the
Property including those past due, All rents collected by Lender or the receiver shall be applied first to payment of the costs of
management of the Property and collection of rents, including, but not limited to. receiver's fees, premiums on receiver's bonds
and reasonable attorneys' fees, and then to the sun1S secured by this Deed of Trust. Lender and the receiver shall be. linble to
account only for those rents actually received.
20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shnll request Trustee to reconvey the
Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee.
Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such
person or persons shall pay all costs of recordntiol1, if any.
21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee
to any Trustee appointed heret1l1der. Without conveyance of the Property, the successor tnlstee shall succeed to nil the title,
power and duties conferred upon the Trustee herein nnd by applicable law.
22. Area and Location of Property. Either the Property is not more than forty acres in area or the Property is located
within an incorporated city or villnge.
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has
priority over this Deed of Trust to give Notice to Lender, nt Lender's address set forth on age one of this Deed of Trust, of
any default under the superior encumbrance and of any sale or other forec!o r action.
IN WITNESS WHEREOF~ Borrower has executed this Deed ofTr st.
~~~'
J MIAH COTT
(Seal)
(Seal)
.Borrowcr
~Borrowcr
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-BorrQwcr
(Seal)
-Borrow(:r
(Seal)
(Seal)
-Borrower
-Borrower
[Sign Original Only}
STATE OF IDAHO, ADA
On this l..,st day of Ju.ly
Cl f....lD'-( :Pli lW..lp.;
JEREMIAH SCOTT and KATIE SCOTT
County ss:
, 2003 , before me,
, a Notary Public in and for said county and state, personally appeared
known or proved to me to be the person(s) who executed the
executed the same.
In witness whereof] have hereunto set
written.
year in this certificnte first above
~ .76N(lD) (02061
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(1) All gutters and dovvnslDouts are be continuous and shall be colored to blend with
the surface to which they are attached.
(m) All front doors are required to have brass kick plates.
(n) Detacl:l.ed garages are not allowed. All residential homes shall have an attached
enclosed garage, which holds no less than two cars and shall be constructed of
the same materials and colors as the main building or as approved by the board.
Three car garages to have relief of a minimum of two feet. Garages shall be used
primarily for the parking of vehicles. In no case shall a garage be used for
storage leaving no room therein for the parking of vehicles.
Said requirements as to the approval of the architectural design shall apply only to the exterior
appearance of the Improvements. This Declaration is not intended to serve as authority for the
Architectural Committee to control the interior layout or design of residential structures except
to the extent incidentally necessitated by use, size and height restrictions.
4.1.3 Setbacks and Height. No residential or other structure (exclusive of fences and similar
'structures) shall be placed nearer to the Building Lot lines or built higher than permitted
by the Plat for the Tract in which the Building Lot is located, by any applicable zoning
restriction, by any "onditional use permit, or as may be specified in this Declaration or
any Supplemental Declaration, whichever is more restrictive. This section is intended to
comply with the building standards for the City of Meridian Idaho. Any and all
buildings shall comply with the City of Meridian Building Codes at a minimum.
4.1.4 Accessory Structures. No pools, pool slides, diving boards, hot tubs, spas,
outbuildings, or similar items shall extend higher than ten (l0) feet above the finished
graded surface of the Building Lot upon which such item(s) are located, and no
playhouses or playground equipment shall extend higher than ten (10) feet, except for
basketball backboards, which may extend beyond this limit as reasonably required to
accommodate a ten (l0) foot rim.
4.1.5 Drivewavs & Sidewalks. All access driveways shall have a wearing surface approved by
the Architectural Conunittee consisting of concrete and shall be properly graded to
assure proper drainage. No driveway shall be wider than the garage to which said
driveway leads unless approved by the Architectural Conunittee. NI sidewalks shall be
a minimum of four feet wide.
4.1.6 Mailboxes. All mailboxes and stands '\'rill be of consistent design, material and
coloration. All mailboxes will be supplied by developer and charged to builder at
closing of lot.
4.1.7 Fencing. No fence, hedge or boundary wall situated anywhere upon a Building Lot sh!lll
have a height greater than six (6) feet, or other lesser height as the Architectural
Committee may require, above the finished graded surface. Any fence or boundary wall
constructed on or near the lot line common to one or more Building Lots shall be
constructed as a "good neighbor" (alternating or open panels) fence or wall. Fencing
using natural landscaping as a visual and/or privacy barrier is strongly encouraged.
"Invisible" fencing to control and contain dogs is strongly encouraged and shall be
allowed. No fence shall be constructed of any material other than wood nor finished in
other than a natural finish, except as may be specifically approved in writing by the
Architectural Committee prior to construction. All fencing and boundary walls
constructed on any Building Lot shall be of compatible style and material to that other
fencing constrUcted adjacent to or abutting such Building Lot, and shall otherwise be as
_ approved by the l\rchitectural Committee. Any and all fencing shall comply with the
City of Meridian building codes.
4.1.8 lighting. Exterior lighting, including flood lighting, shall be part of the architectural
concept of the Improvements on a Building Lot. Fixtures, stands and all exposed
accessories shall be harmonious with building design and shall be as approved by the
DECLARATION OF COVENANTS, CONDITIONS AND RESTR1CTlONS 8
TRICIA'S SUBDIVISION NO.2 - Page g
~
CITY OF MERIDIAN
PLANNING ZONING
PUBLIC WORKS J FIRE DEPARTMENT
1012
Area of Property (Sub or Site Location): Overnuid Effective Date 3J.t5J2004
Receipl#
2747 N. WiIlowside Way 50-1910-32290 P & Z Total: 50.00
Nmne ofDevlp/AppliCllllt: 50-1940-32217 Fire Review Toal; 0.00
Jeremiah & Katie Scott 60-3200-32250 PW Total: 0.00
BALANCE DUE:I CASH J CHECK# Total Deposit
I . ..
3633/$50 . .. $50.00
APPLICATION TYPE .... P&Z Fees Fire Fees PW Fees
At'WEXATION & ZONING J REZONE ENTRY
1 acre or less # of Annexations> 0.00 0.00 0.00
Over 1 acre # of Annexations> 0.00 0.00 0.00
+ Sl5/per additional aere or portion thereof # Acres> Acres 0.00 + .
Staff.prepared Consensual Annexntion App. for properties recening W & S service # Anne:.:.> 0.00 0.00 0.00
+ $15/per additional acre or portion thereof # Acres> Acres 0.00 . +
A & Z TOTAL: 0.00 0.00 0.00
PLAl"fflED DEVELOPJ.\!IENT (PD or CPD)
Conceptual PD #of CPD> 0.00 0.00 0.00
+ S211:esidentlal unit Oots lU"C 'I unit for Fire) #ofUnits> Units 0.00 + .
+ O.02/s.r. non-residential unit #S.F.> Sq Ft 0.00 . .
Residential #of Res.PD> 0.00 0.00 0.00
+ $12 I residential unit #ofUnits> Units 0.00 . .
Conunercial or l\iIh::ed Planned Dvlpmt #of CPD> 0.00 0.00 0.00
+ $12 / residential unit #ofUnits> Units 0.00 . .
+ O.aSfs.f. non-residential unit #S.F.> Sq Ft 0.00 + .
CPD TOTAL: I 0.00 0.00 0,00
CONDITIONAL USE PERMIT (nol PD)
1 acre or less Enter # of cadi Ap plication> 0.00 0.00 0.00
Over 1 acre Ente1' # of each Application> 0.00 0.00 0.00
+ $15 / per additional acre or portion thereof #.t-\..cres> Acres 0.00 . .
CUP TOTAL: I 0.00 0,00 0.00
Accessory Use Pennit Enter # of AUP> AUP I 0.00 . .
DAY CARE INSPECTIONS Enter # of Locations> DayCare " 0.00 .
Variance Enter # of Variance> VAR I 0.00 . +
Fence Variance EnteJ'# ofFence Varhmce> 1 VARI 50.00 + .
COMPREHENSIVE PLAN Al'\'illNDlIiillNT
Map Amendment Enter # ofCP.'I.> 0.00 ~ +
+ $20 / acre # of Acres> Acres 0.00 + +
CPA TOTAL: 0.00 . .
Text Amendment Enter # of Text ..\.lI1enll.> , TAMD 0.00 . .
Zoning Ordinance Amendment Entel' #of Amend.> OAMD 0.00 . +
Vacation ofEasments or Roadways Enter #ofV'lc.> VAC 0.00 . .
All Other ApplicationslReviews Enter #ofAppfRev.> O/App 0.00 . +
PRELllIiIINARY PLAT - Note: Excmnt from PI'climillfil-v Plat if nroccsscd as PJamled Develonm , R
Up to 4 lots Ent
+
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Expansions "...,..." --":: ,.... ;.,:"' ;Z~'.."i..!' ...'.....!:;.': ...
.
~:k~g!~O~'i'.2ql:lIS :\ :\ 0.00 . II
. II
RADIUS NOTICE REPORT
FILE NAME: smith
29-Mar-2004
Owners
Owner Address
ADAMS MARY
Property Address: 5274 W TALAMORE DR
ARMSTRONG MARK D
ARMSTRONG MICHELLE M
Property Address: 2655 N DA YSIDE AVE
AUTUMN FAIR LLC
Property Address: W MOONLAKE DR
BEG LAND HOLDINGS INC
Property Address: 5325 WUSTICKRD
BLAKESLEE STEVEN
BLAKESLEE DANA
Property Address: 5250 W TALAMORE DR
BOSNJAK RIFET
BOSNJAK ZINETA
Property Address: 5220 W CROSSRIDGE ST
BROADBENT GREG
BROADBENT TINA
Property Address: 2761 NDAYS10EAVE
BURKE CHARLES E JR
BURKE BETTY L
Property Address: 2621 N DA YSIDE AVE
-
DAVIS ROBERT CURTIS
DAVIS MONICA D
Property Address: 5232 W CROSSRIDGE ST
5274 WTALAMOREDR
MERIDIAN, ID 83642-0000
2655 N DA YS10E AVE
MERIDIAN, ID 83642-0000
228 E PLAZA STE G
EAGLE, ID 83616-0000
6223 DISCOVERY
BOISE, 10 83713 -0000
5250 W TALAMORE DR
MERIDIAN, ID 83642-0000
5220 W CROSSRIDGE ST
MERIDIAN, ID 83642-0000
2761 NDAYSIDEAVE
MERIDIAN, In 83642-0000
2621 N DAYS IDE WAY
MERIDIAN, In 83642-0000
5232 W CROSSRIDGE ST
MERIDIAN, ID 83642-0000
J
Owners Owner Address
DIWAREVIC MIRSAD 5208 W CROSSRlDGE ST
DIZDAREVIC SUV ADA MERIDIAN, ID 83642-0000
Property Address: 5208 W CROSSRlDGE ST
DUNCAN JAMES 5211 W CROSSRlDGE ST
DUNCAN KRISTIN MERIDIAN, ID 83642-0000
Property Address: 52II W CROSSRIDGE ST
GARLOCK CHRISTOPHER M 5222 WTALAMOREDR
MERIDIAN, ID 83642-0000
Property Address: 5222 W TALAMORE DR
GLASGOW LLOYD W 1407 S GOSLING PL
GLASGOW JUDI A EAGLE, ID 83616-0000
Property Address: 2750 N WILLOWS IDE AVE
GOVREAU BRAD E 2799 N WILLOWSIDEA VE
GOVREAU RIENEKED MERIDIAN, ID 83642-0000
Property Address: 2799 N WILLOWSIDEA VE
HAFER SHAWN L 5230 WTALAMOREDR
HAFER WENDY S MERIDIAN, ID 83642-0000
Property Address: 5230 W TALAMORE DR
HANSEN KRISTI PO BOX 191034
BOISE, ID 83719-0000
Property Address: 5186 W CROSSRIDGE ST
HUGHES LEO 2633 NDAYSIDE WAY
MERIDIAN, ID 83642-0000
Property Address: 2633 NDAYSIDEAVE
LARSEN LUKE A 2647 N WILLOWSIDE AVE
LARSEN JENNIFER MERIDIAN, ID 83642-0000
Property Address: 2647 N WILLOWSIDE AVE
LINHART STEVEN D 2719 N DAYSIDEAVE
LINHART NATALIE G MERIDIAN, ID 83642-0000
Property Address: 2719NDAYSIDEAVE
2
Owners Owner Address
LOUIE 10HNA THON 2631 W WILLOWS IDE WAY
MERIDIAN, ID 83642-0000
Property Address: 2631 N WILLOWSIDE AVE
NIELSEN GEORGE W 2688 N WILLOWSIDEA VE
NIELSEN TAEKO MERIDIAN, ID 83642-0000
Property Address: 2688 N WILLOWS IDE A VB
PEARCE JOHN M 5192 WTALAMOREDR
PEARCE CINDY A MERIDIAN, ID 83642-0000
Property Address: 5192 WTALAMOREDR
PIPER WILLIAM D 2646 N WILLOWSIDE WAY
PIPER PATRICIA A MERIDIAN, ID 83642-0000
Property Address: 2646 N WILLOWSIDE AVE
SCHOONOVER DANIEL C 2743 N DA YSIDEA VB
SCHOONOVER ASHLEY L MERIDIAN, ID 83642-0000
Property Address: 2743 NDAYSIDEAVE
SCOTI JEREMIAH 2747 N WILLOWSIDE WAY
SCOTI KATIE MERIDIAN, ID 83642-0000
Property Address: 2747 N WILLOWSIDEA VE
SEGRAVES JOEL D 2792 N WILLOWSIDE WAY
SEGRAVES BRANDY D MERIDIAN, ID 83642-0000
Property Address: 2792 N WILLOWS IDE AVE
TIVIS RICKEY D 5223 W CROSSRIDGE ST
TIVIS LAURA J MERIDIAN, ID 83642-0000
Property Address: 5223 W CROSSRIDGE ST
VANNJAMESF 2766 N WILLOWSIDE AVE
V ANN LANELL J MERIDIAN, ID 83642-0000
Property Address: 2766 N WILLOWS IDE AVE
W A TIS 101m 2781 NDAYSIDEAVE
WAITS ANGELA MERIDIAN, ID 83642-0000
Property Address: 2781 NDAYSIDEAVE
3
Owners
Owner Address
YOUNG GOJU)ON C
YOUNG VETA R
2622 N WILLOWSIDE A VB
MERIDIAN, ID 83642-0000
Property Address:
2622 N WILLOWSIDEA VB
4
I I
I I
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 Jeremiah and Katie Scott 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 2747 North
Willowside Way, Meridian, Idaho. The Applicant proposes that the fence will be
6 feet from the sidewalk along West Crossridge Way.
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 2747 North Willowside Way is more particularly
described as Lot 9 Block 15 of Tricia's Subdivision No.3, Meridian, Ada County,
Idaho.
Any and all interested persons are welcome and invited to submit
comments.
Dated this 5th day of April, 2004.
William G. Berg, Jr - City Clerk
PUBLISH 12th and 19th of April, 2004