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AC Southern Springs CZC 06-207pAx- CITY OF IDAHO alevel:�� RECEMED MA R 0 12007 C'ty OfMeridia_u CitY Clerk, offi,, CERTIFICATE OF ZONING COMPLIANCE* Date: FebruM.27,_ 2007 0 Pro ect Name/Number: AC Southern Smings — CZC-06-207 9 Owner: AC Southern S-prings Site Address: 1741 S. S -Pring Valley Lane (Lot 3, Block 1, Southern Springs Sub. No. 1�_ Proposed Use: 000 square foot 2 -stogy office bull& __g Zom*ng: L-0..(LjMjted Office) Comm,ents: Conditions.of Ai)-Droval:. Project is subject to all current City of Meridian ordinances and conditions of approval of the Annexation (AZ -03-030), Preliminary Plat (PP -03-036), and Final Plat (FP -04-053) applications associated with this site. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for this site. NOTE: This is not a BuildLng..Permit. Prior to 4py construction, you shall contact the Buildmig Departmentat (208.1.887-2211 to veWfy if ny additional permits and/or m'Vections will be required by the Buildffig Department. Landscgp The Landscape Plan prepared by Robert L. Hess, on February 27, 2 0 07, labeled Sheet L- 1 � is approved (stamped "Approved" on February 27, 2007 by the Meridian Planning Department) as submitted. The approved landscape plan is not to be altered without prior written approval of the Planning Department. No field changes to thelandscape plan are permitted; prior written approval of all material changes is required. Prior to final *inspection and sign off for this project, a written certificate of completion shall be submitted to the Planning Department, prepared by a landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion ofthe landscape installation. The Certificate of Completion shall verify that all landscape improvements, 'including plant materials and sprinkler installation,, are in substantial compliance with'the approved landscape plan. Site Plan: The Site Plan prepared by Robert L. Hess, on February 27, 2007, labeled Sheet SP -1. is approved (stamped "Approved" on February 27, 2007 by the Meridian Planning Department) as submitted. The approved site plan is- not to be altered without prior written approval of the Planning Department. Elevations: The Elevations prepared by Robert L. Hess, dated 1-23-07, labeled as Sheet A2.0. are approved with no changes ftom the Planning Department. HVAC equipment mounted on the roof shall be incorporated into the design of the building and shall be hidden from view from adjacent properties. Irrigation.- An underground, pressurized irrigation system must be installed to all landscape areas per the approved specifications and in accordance with UDC 11 -3 A- 15. Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-3B-10, coordinate with the Parks Department Axborist (Elroy Huff, 888-3579) for approval of protection/relo cation measures for the existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 1.1 - 3B-1 O -C.5. P The proposed parking areas shall be paved and striped in accordance with UDC 11-3B. Project engineer/a.rchitect shall certify that the number and size of handicap -accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage 'in accordance per ADA and signed accessible. See redline parking changes on the site plan. C : Per LTDC 11-3B-51, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas,, must be protected by curbing, wheel stops, or other approved protective devices. Curb M,g may be cut to allow for storm water runoff. Sidewalks: All sidewalks shall be constructed in accordance with 11 -3 A- 17. Sidewalks shall be constructed prior to occupancy. Drainage: Storm water drainage swales shall not have a slope steeper than 3: 1, sball be fully vegetated, and shall be designed in compliance with LJDC 11 -3 B A I and LTDC 11-3 A- 18. Lighting: Lighting shall not cause glare or impact the traveling public or neighboring development and comply with lighting standards as deflned in UDC 11-3A-11. Sipage: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with LTDC 11-3D. Trash Enclosure: All dumpster(s) must be screened in accordance with UDC- I 1-3A-12. Trash enclosures must be built M* the location and to the size approved by SSC. Handica-p-Acces The structure site improvements and parking areas must be in compliance with all federal handicap -accessibility requirements. ACHD Acpp �tanqee: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning staff for approval prior to the issuance of a building permit. Certificate of Occu-oancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. All changes m* occupancy need to comply with the requirements of the Build M*g Department. It is unlawful to use or occupy any building or structure until the Building Official, has issued a certificate Of occupancy. A certificate of occupancy or temporary certificate of occupancy is obtained from the Building Department (208) 887-2211 after inspections are complete and the field 'inspection record is returned to the Building Department. Plan Modifications: Except for the changes mentioned above, the approved Site Plan, Landscape Plan stamped "Approved" on February 27, 2007, and Elevations, and are not to be altered without prior written approval of the Planning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. L!I Za,�,t Sonya Wavtters Associate City Planner *This letter does not indicate compliance with requirements of other departments/agrencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected fiTigation district(s), Meridian Sewer, Z:), Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. V IDAHO Planning Department ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that -'a'pply) El Accessory Use 6., T, NIL &.01 El ternative Compliance E,, & n 47� �77,7 6 �Ce'rtificate of Zoning Compliance El Conditional Use Permit Minor Modification 11 Design Review 3 -Aia El Private Street 'Vo El Property Boundary Adjustment 1 -6 -co DAWU J El Short Plat k 4� wr A— 7� I 0 Temporary Use Certificate of Zoning Compliance 6d I 4 El Time Extension (Director) _�o 7 -e, a 61,,i TR El Vacation 10 7 11 Other 2.: Applicant Information I Applicant name: Ac.. Sc:&u -n4urxj,4 45; P [Z 1 r4 CT S Phone: Applicant address: +11 S NN - 1EH EAA 1,0 ST 5U 17E' M SO I S15 Zip: TS 3 '7o (a Applicant's interest in property: fflo--�wn El Rent El Optioned 0 Other Owner name: SAM$- A -S APPLl cAN-r Phone: Owner address: Zip: Agent name (e. architect, engineer, developer, representative): 12"0 6 -e,t- 14 Ae SS Firm name: 145gP 3 2w3 - 9199 =T AIA Phone: Address: W - BAN N10 CK. !;-r, RN�Fl tb Zip: 193-102., Primary contact is: B"A"'Pplicant El Owner El Agent 11 Other Contact name: PAV Er L;*t,4 D e 7. Phone: E-mail: J e 2. ru I I C.A.), ?a I — 5062, Aq VJ 0 C.0 !11 Fax: 0 Subject Property Information Location/street address: S S PR4 N Gr \JA L L�e L &N 15 ��,Pn Assessor's parcel number(,): F -9046-a-7 00 �io Township, range, section:. 3 t4 1 Total acreage Current land use: _V***A"4'r104 I>VVZLv PGt� Current z'oning district: 10 660 E. Watertower Lane, Suite 202 Meridian,, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 * Website: www.meridiancity.org 1 (Rev. 9121106) Project Description Project/subdivision name 50 UTH Gpj4 S PR4 t4 CT 9 U 4 0 General description of proposed project/request: 4po SQ, FT, .2- S rea i 6F;c�C&s=- B v1Z-P;04Cr Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): El Residential El Commercial Rr"Ooffice El Industrial El Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within.? Primary irrigation source: Secondarv: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) of residential units: Number of'oknmon and/or other lots: At Number of building lots: Proposed number welling units (for multi -family developments only): 1 Bedroom: 111"< 2 or Z 2edrooms: Minimum square footage of structure Minimum property size (s.f): Gross density (Du/acre-total land): 1. gaTagel- =_ V-1,10111 �. Proposed building height: _ Average property size (s.f.): (DU/acre-excluding roads & alleys): _ Percentage of open space pr i ed: Acreage of o1Perr,,Pi;)age.- Percentage of useab Type of open ce le en spacce: e,, . (See Chapter 3, Article provided in acres (i.e., landscaping, public, common, etc): Type o welling(s) proposed: 0 Single-family 11 Townhomes El Duplexes El Multi -family forqualified open space) Non-residential Pr Ject Summary (if applicable) 01 Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable)-. 6 - Hours of operation (days and hours): 43 00 %* 5: Building height: !U # G.5 14 Percentage of s.ite/project devoted to the following: Landscaping: I/ L Building: Z 01/0 Paving: .3 91014> Total number of employees: Maximum number of employees at any one time: 9 Number and ages of students/children (if applicable): 01 A- Seating capacity: 141 Total number of parking spaces provided: 19 Number of 'compact spaces provided: --..& # Authorization Print applic an t n ame: - Vo,. J �Ide,-?_r ( A C_ 56 f,, 44-% e -4 --ii �Vr i pn g; � Applicant signature: Date: 660 E. Water6�; �rLane,, Suite 202 Meridian., Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 * Website: www.meridiancity.org 2 www.rhess.net 1436 West Bannock Street November 30, 2006 City of Meridian Planning Department 660 E. Watertower Lane Suite 202 Meridian, ID 83642 Robert L. Hess, AIA, Architect Boise, ID 83702 Phone: (208) 323-9158 Fax: (208) 375-9417 Email: rhess@rhQss.net Re: A Narrative for a Certificate of Zoning Compliance Application for A proposed New Office Building at 1741 S. Spring Valley Lane (Southern Springs) To Whom It May Concern: AlICAD is a drafting service provider currently operating from leased office space in Boise. Their company has grown, and they are now ready to have a new building constructed as a Center of Operations for the company. They have selected the Southem Springs Commercial Center for their new building because of its central location ' in the valley, its convenient freeway access and its proximity to other quality businesses in Meridian. The proposed building size will be approximately 9,000 Sq. Ft. It will be used primarily as a business office for A11CAD. They will. sub -lease a portion of the building to Pacificad, a CAD Software and Training provider. A second designated tenant will be AC Southern Springs, a Real Estate Development company. The balance of the building will be used for future office tenant improvements that are undesignated at this time. A small portion of the building will be used for storage. A Business Office use is in accordance with the Declaration of Covenants, Conditions, and Restrictions For Southem Springs currently on file with the city. We believe that this building and use is exactly what is needed at Southem Springs, and we are excited about the project. We request a Certificate of Zoning Compliance so that we can move forward with the project. Sincerely, ;� ?I W-e,� Robert L. Hess AIA Architect 'Aw ......... ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 6.00 BOISE IDAHO 02117/06 04:52 PM DEPUTY Bonnie Oberbillig RECORDED- REQUEST OF Title One 106026032 www.titleonecorp.com Order No.: A0651972 3(71 L50 CORPORATION WARRANTY DEED For Value Received SOUTHERN SPRINGS DEVELOPMENT, INC., an Idaho corporation A Corporation duly organized and existing under the laws of the State of Idaho hereby Grant, Bargain, Sell and Convey unto AC SOUTHERN SPRINGS LLC, an Idaho limited liability company Whose current address is: 4795 W. Emerald St Ste K Boise, Idaho 83706 The following described real estate, to wit: Lot 3 in Block I of SOUTHERN SPRING SUBDIVISION NO. 1, according to the official plat thereof, filed in Book 94 of Plats at Pages 11460, 1,1461, 11462 and 11463, official records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. The Grantor does hereby covenant to and with the said Grantees, that it is the owner in fee simple of said premises; that it is free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee: and subject to restrictions, dedications, easements, on rights of way and agreements, (if any) of record, and general taxes and assessments, including irricrati' t) Z:� and utility easements, (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. In constraining this Deed and where the context so requires, the singular includes the plural, and the masculine, includes the feminine and neuter. IN WITNESS WHEREOF3 the Grantor, pursuant to a resolution of its Board of Directors has caused its corporate name to be hereunto subscribed. 251 WNW ARTICLES OF ORGANIZATION LIMITED LIABILITYCOMPANY (instructions on back of application) H[-- STATE Sf I. The name of the limited liability company is: r -C HO STAIT' V 2. The street address of the initial registered office is: and the name of the 'Initial registered agent at the above address is: 3- The mailing address for future correspondence is: ,4 -Xl4ae 4. Management of the limited liability company will be vested in, Manager(s) DQ ormeMber(s) [] (Pwase &seck ft appropfiate box) 5. If management is to be vested in one or more manager(s), list the name(s) and address(es) of at least one inifial manager. If management is to be vested in the member(s), list the name(s) and address(es) of at least one initial member. A Narne Address Le2. zM'e'r-4. Li _�;K_ ';f4, " &�Y? ,)qtq P. &x AaAA _CY-s� TA 8-_� 9Nae_?'1 t-3- 8�A6-� *r Signature of at least one person responsible for forming the limited liability company-, Sig n a tu re: SeCMtarY of State use on�y TYPed Name: Capacity: Famhier Signature Typed Name., Capacity, P. LJ IDAHO SECRETARY DF STATE 02/16/2006 05:00 CK: 2093 CT: 175316 DHI, 938184 @ 186M = 100.08 ORGM LLC # 3 I P 20, 06 = 29, 66 CORP SUR # 4 1 @ 29. N 20. W EXPEDITE C # 5 -S, CA -AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA f zgt -Vr ev. (name) ir 1V 1,0 (address) onf�5 being; first duly swom upon (city) 0 (state) oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: 9�AN4 Zr Iles Ce nArkl -V - -�� '91069 ld/ct IV (name) (address) to submit the accompanying; application pertaining to that property. 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 Z7 W ---n day of I/. I - ^ .7201)(0 . (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Al -did P 18aho Notary Public or -�o T AjZ 0 U e Residing at <22)� a �J My Commission Expires: 33 Ll % �00 OF 1� To Whom It May Concern: There will be no light fixtures on this project that will exceed the 1,800 lumens as shown on the landscape plan therefore the requirement for a photometric test report is not applicable. Our hours of operation for this professional office will be from 8:00am to 5:00pm so there will be no need for more then 1800 lumens output from any of the light fixtures. Dave Mendez Owner CITY OF 'kA (::�Jf6enaldn IDAHO 'NsL. TRE V REASURE MAYOR Tanuny de Weerd I)ate: 11/27/2006 C= CouNcm MEM13ERS The following address has been verified by City of Meridian Public Works Keith Bird bepartment as valid for the project listed below. Charles M. Rountree Shaun Wardle Christine Donnell Project Name: AC Southern Springs CMDEPARTMENTS Fire Address. 1741 S. SPRING VALLEY LANE 540 E. Franklin Road 888-1234 / fax 895-0390 Suite #-. NIA Parks & Recreation 11 W. Bower Street 888-3579 fax Zip Code. 83642 / 888-68,54 Planning Lot /Block/ Subdivision., LOT 3 BLOCK I SOUT'HERN'SPRING.S. #I 660 E. Watertower Street Suite 202 884-5533 fax 888-6854 Notes. IF APPLICABLE Police SUBMIT TENANT LAY- OUT TO PUBLIC WORKS PRIOR-TOBUILDING 1401 E. Watertower Street PERMIT APPLICATION -.TO HAVE SUITE NUMBER -5 A'SSIGNEo. - 888-6678 / fax 946-7366 Public Works EACH SET OF PLANS WILL BE REQUIRE[) TO CLEAR ' LY _'RE FLECT THE 660 E. Watertower Street CORRECT AI)I)R.ESS AN[) SUITE NUMBER (IF APPLICABLE).' - Suite 200 898-5500 / fax 895-9551 Tricia 5hindle - Building vi�cfiq 660 E. Watertower Street Suite 150 City Of Meridian 887-2211 / fax 887-1297 Public Works Department - Sewer (WWTP) 660 E Watertower Suite #200 3401 N. Ten Mile Road Meridian, ID 83642 888-2191 / fax 884-0744 PH. 208-898-9586 FX 208-898-9551 - Water tbieren@meridiancity.org 2-235 N. W. 8th Street 888-5242 / fax 894-1159 CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, ID 83642 (208) 888-4433 CM CLERK - FAX 888- 4218 CITY ATTORNEY/ HR - FAX 884- 8723 FINANCE & UTILITY BILLING - FAX 887- 4813 MAYOWS OFFICE - FAX 884-8119 %X ol re) cc z 23 so CL CA -< !4 EL LA LLI in RI -4 :� CK) L6 1 Z,- IL =3 s - - - - --- - - - - - - - - - - - - - - c 13 CO C6— C4 m cc 0 So R SR 52 kc W IL CO C3 1124 1-4 a 0�0 gIL o,, so Fo i<x 65 -Oj tn N ItV AX \1�1 Ol 'C -e 'ex 16 45, zzz 1 -1WOVOO, IF *r -e lz 2 JL JL g s jr pqV pzit� I IQ A� dywItALOrr. 31- 0 Cb 40 a - - --------- 3C $0 4L "N 4M lie t ;d r1i F, W) z LAJ Ld z z 3: -j LLI C> LZ ,Lj w LLJ < cs C13 LL, w :c LLJ VI < Ls V) Ld L15 z z z 0 0 LL) I-- to *j 1� a tn W 0 (n z �Ic tn -3: C4 C4 Q S z Lu le w 7 m C4 4k- Ltj V) 0: z ir 0 a: M n Ow r- z 0 ca w Li !� - w w 0- U, z tv CI4 IL U- LLJ m C) LLJ Q V) a m 16- 0 V) x -q N� LO IX Q t/) fy- LJ 0 tr F-. 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CD rl L; To Whom It May Concern: There will be no light fixtures on this project that will exceed the 1,800 lumens as shown on the landscape plan therefore the requirement for a photometric test report is not applicable. Our hours of operation for this professional office will be from 8:00am to 5:00pm so there will be no need for more then 1800 lumens output from any of the light fixtures. Dave Mendez Owner CITY OF C46nd, MAYOR Tammy de Weerd Date: 11/27/2006 CITY COUNCIL MEMBERS The following address has been verified byCityof Meridian Public Works Keith Bird Department as valid for the project listed below. Charles M. Rountree ShaunWardle Christine Donnell Project Name: AC Southern Springs CITY DEPARTMENTS Fire Address: 1741 S. SPRING VALLEY LANE 540 E. Franklin Road 888-1234 / fax 895-0390 Suite #: NIA Parks & Recreation 11 W. Bower Street fax Zip Code: 83642 888-3579 / 888-6854 Planning Lot /Block/ Subdivision: LOT 3 BLOCK I SOUTHERN SPRINGS #1 660 E. Watertower Street Suite 202 884-5533 / fax 888-6854 Notes: IF APPLICABLE - Police SUBMIT TENANT LAY OUT TO PUBLIC WORKS PRIOR TO BUILDING 1401 E. Watertower Street PERMIT APPLICATION TO HAVE SUITE NUMBERS ASSIGNED. 888-6678 / fax 846-7366 Public Works EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IFAPPLICABLE). 660 E. Watertower Street Suite 200 898-5500 / fax 895-9551 Tricia Shindle - Building 7-Kaa 660 E. Watertower Street Suite 150 City Of Meridian 887-2211 / fax 887-1297 Public Works Department - Sewer (WWTP) 660 E Watertower Suite #200 3401 N. Ten Mile Road Meridian, ID 83642 888-2191 / fax 884-0744 PH. 208-898-9586 FX 208-898-9551 - Water tbieren@meridiancity.orci 2235 N. W. 8th Street 888-5242 / fax 884-1159 CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, ID 83642 (208) 888-4433 CrrY CLERK - FAX 888- 4218 CrFY ATrORNEY/ BR - FAX 884- 8723 FINANCE & UTfLrFY BILLING - FAX 887- 4813 MAYOR'S OFFICE -- FAX 884-8119 www.titleonecorp.com AD COUNTY RECORDER J. ( 0 NAVARRO AMOUNT 6.00 BOISE IDAHO 02fl7/06 04:52 PM DEPUTY Donnie Oberbillig RECORDED -REQUEST OF Tille One 106026032 --- — — — ----- ------- Order No.: A0651972 1�,J LSD CORPORATION WARRANTY DEED For Value Received SOUTHERN SPRINGS DEVELOPMENT, INC., an Idaho corporation A Corporation duly organized and existing under the laws of the State of Idaho hereby Grant, Bargain, Sell and Convey unto AC SOUTHERN SPRINGS LLC, an Idaho limited liability company Whose current address is: 4795 W. Emerald St Ste M, Boise, Idaho 83706 The following described real estate, to wit: Lot 3 in Block I of SOUTTIERN SPRING SUBDIVISION NO. 1, according to the official plat thereof, filed in Book 94 of Plats at Pages 11460, 11461, 11462 and 11463, official records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. The Grantor does hereby covenant to and with the said Grantees, that it is the owner in fee simple of said premises; that it is free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee: and subject to restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, including irrigation and utility easements, (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. In constraining this Deed and where the context so requires, the singular includes the plural, and the masculine, includes the feminine and neuter. IN WITNESS WHEREOF, the Grantor, pursuant to a resolution of its Board of Directors has caused its corporate name to be hereunto subscribed. 191 ARTICLES OF ORGANIZATION LIMITED LIABILITYCOMPANY 06FEB 16 PM 1: 44 (Instructions on back of applicafion) 1. The name of the limited liability company is: SEEN- STWE S FA:i E 1DAHO 2. The street address of the initial registered office is: 4P, Lve�c, and the name of the Initial registered agent at the above address is: 3. The mailing address for future correspondence is: tA 'Ilyve 4. Management of the limited liability company VWII be vested in: Manager(s) X orMember(s) [:] (Please check the appropriate box) 5. If management is to be vested in one or more manager(s), list the name(s) and address(es) of at least one initial manager. If management is to be vested in the member(s), list the name(s) and address(es) of at least one initial member. Name Address 6. Signature of at least one person responsible for forming the limited liability company: Signature: Secretary of State use only TypedName: Capacity: Signature Typed Name: Capacity, IDAHO SECRETARY OF STATE 02/16/2886 @5tW@ CK: 2893 CT: 175316 Blis 938184 1 1 IILN z IOLN ORGAN LLC # 3 1 6 PO -09 = ?A.QR CORD MR 1 4 I @ 21.00 = 21.9 EXPEDITE U V 5 [41 &/ -? S- 0 A AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA (name) (address) being first duly sworn upon BOISE —oath, depose and say: (city) (state) That I am the record owner of the property described on the attached, and I grant my permission to: z4r'� Z, , Aq& W. /,/Civ (nam�) (address) to submit the accompanying application pertaining to that property. 2. 1 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 77 7q, day of aeutylbPr , 20L)(p . ,P i (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. $00,61191114,0" $ " X. Al 10 No b1;V o' �AOTAJ?�.. 9-00 es tary Pu t L) L6 iding a w My Commission Expires: -.6 IJ 13 LV 1P 0 F I'D ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 06.00 22 BOISE IDAHO 02101106 04:34 FM DEPUTY 8annle OberbIllill RECORDED- REQUEST OF TIlle One 106016604 DECLARATION OF COVENANTS, CONDITIONS, AND RE STRICTIONS FOR SOUTHERN SPRINGS THIS DECLARATION is made on the last date herein below set forth, by Southern Springs, LLC, an Idaho limited liability company; Roger Michener and Barbara Michener, husband and wife; and Lawrence Ross and Lisa Ross, husband and wife, hereinafter referred to as "Declarant." WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the "property," more particularly described as follows: Lots 1-5, of SOUTHERN SPRINGS SUBDIVISION #1, according to the officta) plat thereof, recorded on 7,5--7,W& in Book ft of Pints at Pages record of Ada County, Idaho. Lots 1-11, of SOUTHERN according to the official I in Book records of Ada County, Idaho. SPRINGS SUBDIVISION #2, plat thereof, recorded on of Plats at Pages I Lots 1-3, of SOUTHERN SPRINGS SUBDIVISION #3, according to the official plat thereof, recorded on , in Book of Plats at Pages record� of Ada County, Idaho. NOW, THEREFORE, Deciarant hereby declares that all of said property is and shall be held and conveyed upon and subject to the casements, conditions, covenants, restrictions, and reservations hereinafter set forth. Said easements, covenants, restrictions, conditions, and reservations shall constitute covenants to run with the land and shall be binding upon all persons claiming under them, and shall inure to the benefit of and be limitations upon all future Owners of said property or any interest therein. ARTICLE ONE Definitions 1.1 "Southern Springs Owners Association" or "Association" shall mean and refer to Southern Springs Association, LLC, an Idaho limited liability company, its successors and assigns, Whenever an action is to be taken by the Association, it shall be taken by its manager of managers, its officers, its committees, or agents, representatives, or employees, as authorized and designated by the Association's articles of organization or operating agreement. DECLAF ATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— Page I 1.16116.002MOMSouthem Sprinp5 CCR's 03.doc ZL- 1.2 "Declarant" shall mear) and refer to Southern Springs, LLC, their successors and assigns. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions, and Restrictions for Southern Springs Subdivision, official records of Ada County, Idaho. 1.3 "Lot" or "lot" shall mean and refer to any plot of land shown upon any recorded Subdivision Plat of the property. 1.4 "Common Access Easement" shall mean and refer to the Common Access Easement described and defined in Section 4. l(d) hereof. 1.5 "Building Area" shall mean all those areas on each Lot which are, from time to time, covered by a building or other commercial structure. 1.6 "Common Area" shall mean and refer to all those portions on each Lot which are not Building Area, canopies, together with any posts or columns supporting same, and any mechanical areas which extend over or onto the Common Area shall be deemed to be part of the building to which they are attached and not part of the Common Area. 1.7 "Owner" shall mean and refer to the record owner of any lot in this Subdivision but shall exclude the Association as the owner or operator of the Common Areas and shall exclude any Mortgagee interest in a lot. 1.8 "Permanent Common Areas" shall mean those areas within the Subdivision described in Article 4 hereof. 1.9 "PlaC' shall mean the recorded plat of Southern Springs Subdivision #1, Southern Springs Subdivision #2, and Southern Springs Subdivision #3, official records of Ada County, Idaho, as applicable. 1.10 "Subdivision" shall mean the entirety of Southern Springs Subdivision #1, Southern Springs Subdivision #2, and Southern Springs Subdivision 43, according to its Plat. 1.11 "Architectural Control Committee" (also referred to as "Southern Springs ACC") shall mean an association of not less than one and not more than three individuals who shall be appointed by the Declarant, whose primary responsibility is to review and approve or disapprove each application for the construction of buildings and improvements on a lot within the Plat, and to take those other actions authorized by this Declaration. This Southern Springs ACC may act as an informal association, or may be incorporated or formed as an Idaho limited liability company as Declarant shall elect. 1.12 "Irrigation District" shall mean an irrigation district duly organized under Idaho law who shall supply irrigation water appurtenant to the Subdivision. Irrigation water shall be delivered to each lot by a Service Provider and apportioned to each lot Owner or to the Common Areas on each lot in the Subdivision through a pressurized watcr system, in a manner more fully described in Article 7. The allocation and apportionment of costs related to the delivery of DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— Page 2 1:16116.00211)OCSISouthern Springs CCR's 03.doc pressurized irrigation water and for the maintenance of the system, is further described in Article 4. 1.13 "Service Provider" shall mean either the Irrigation District or another entity formed by the Declarant for the purposes set forth herein, and who has contracted with the Declarant or with the Association, to own and/or operate, maintain, and repair the pressurized irrigation system and make corresponding allocations of irrigation water and assessments, all according to Articles 4 and 7 of this Declaration. 1.14 "Highway District" shall mean Ada County Highway District, or "ACHD," or Idaho Transportation Department, or "ITD," who shall operate and maintain storm drainage facilities located in public rights of way subject to those limitations set out in Article 3. ACHD and ITD do not have responsibility for on-site lot drainage, and each lot Owner shall be solely responsible for on-site lot drainage. ARTICLE TWO General Development Maintenance and Use Restrictions 2.1 Land use. Each lot in this Subdivision is intended to be used for (commercial) non-residential purposes, including offices, of the type that is permitted by the zone ascribed to the Subdivision by the City of Meridian, and subject it) the terms and conditions of this Declaration. 2,2 Construction Review and Approval. Each Owner, including any contractor, builder, or agent for an Owner, intending to construct a building and improvements on an Owner's Lot, shall do so only if the following conditions have been met: a� All buildings now and in the future shall be of first quality construction comparable to first-class commercial projects of comparable size and nature located withinthe geographical area of the Subdivision. Each Owner shall first submit an application for construction authority to the Southern Springs ACC. Southern Springs ACC shall have 30 days from receipt of Owners application to respond in writing. If there is no response from Southern Springs ACC in writing within the 30 day period it will be deemed approved by the Southern Springs ACC as submitted. No Owner shall be entitled to construct a building or improvement or change or remodel the exterior of a building upon such Owner's Lot, unless and until the Owner has received the written approval of Southern Springs ACC or the 30 day period has passed without a response from the Southern Springs ACC, according to the provisions of this Declaration. Such approval shall not be unreasonably withheld, conditioned or delayed. The application form to Southern Springs ACC seeking approval shall include a complete description of the plans for the main building, all outbuildings, and improvements, parking lots, and landscaping, The plans shall be prepared or approved by a qualified architect. No fee shall be charged by Southern Springs ACC for its initial review or the Owner's plans submitted for approval. However, in the event that Southern Springs ACC has refused to approve Ownerts plans as submitted, and thereafter Owner seeks a reconsideration of that refused approval, then Owner shall pay a fee of $200.00 to the Southern Springs ACC as a part or the request for DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— Page 3 J.\6116.002\D0(7SNSouLhenn Springs CCR'� 03.d� reconsideration, which fee is intended to provide Southern Springs ACC with resources to retain supplemental expertise to complete the reconsideration review. b. No building or improvement shall be constructed unless the Owner has also obtained a building permit from the City of Meridian and any other governmental agency with jurisdiction over construction on the Owner's Lot. C. All construction, including permitted outbuildings and improvements, shall strictly follow all of the covenants, conditions, and restrictions in this Declaration, all requirements established by the Southern Springs ACC as a part of its written approval, and all of the requirements of the City of Meridian and other governmental entities with jurisdictional authority to impose requirements on land use. d. Owners understand that Southern Springs ACC will be reviewing each Owner's plans for the construction of building and improvements on an Owner's Lot for their overall compatibility with adjacent residential properties to the South of the Owner's Lot, and that Southern Springs ACC shall be entitled to consider, as a part of the approval process, certain compatibility factors, including but not limited to building/improvements heights, color coordination, integration of landscaping, light locations, and others. 2.3 Setbacks and Utility Corridors. Each building and improvement shall be constructed within the minimum setback requirements as established by the City of Meridian and those that are described on the Plat. An Owner shall not place any building, commercial structure, or permanent obstruction within any easement identified on the Plat. 2.4 Landscaving. The following provisions shall govern the landscaping of all Lots in the Subdivision: a. I The Declarant, at his sole and separate cost, shall cause that portion orthe Common Area located on such Owner's Lot (designated as the Landscape Common Area), to be landscaped according to the landscape plans and specifications approved by the City of Meridian. b. All required landscaping, including connections to the Common Area pressurized irrigation system, shall be fully installed and completed within ninety (90) days after completion of the commercial building on the Lot. Completion shall mean a state of completion sufficient to obtain an occupancy permit. 2.5 Building Maintenaneg. Each Owner shall maintain or cause to be maintained the exterior of any building located on such Owner's Lot in good repair and condition and in a quality comparable to that of first-class commercial projects of comparable size and nature located in the same geographic area as the Subdivision. All trash enclosures and other service facilities shall be attractively screened from view from the parking areas. 2.6 Fences. A lot Owner shall not install or construct any fences on a lot unless specific written approval is given by the Southern Springs ACC. Declarant has constructed and DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— Page 4 1.X6116.002\D0C.S\Snuthcrn Springs MR's 03.doe installed perimeter fences on certain boundaries of the Subdivision. The maintenance and repair of all perimeter fences constructed by Declarant shall thereafter be performed by the lot Owner as to that portion of the fence that is on a boundary line of Owner's Lot, all at the Ownees sole and separate cost. 2.7 Nuisances. An Owner shall not carry on any noxious or offensive activity on a Lot, nor conduct or permit activities which may be or become an annoyance or nuisance to the other lot Owners. 2.8 Signs. a. No signs shall be constructed or installed by an Owner unless and until the Owner has received written approval from the Southern Springs ACC, which approval will not be unreasonably withheld, conditioned or delayed, and the City of Meridian, and then such signs shall be constructed and installed according to the terms and conditions of the approvals. Southern Springs ACC will have 30 days from receipt of Owner's sign plans and specifications to respond in writing. No response within the 30 day period will be deemed approval by Southern Springs ACC. b. The Declarant may install pylon or monument signs at the entrances to the Subdivision on Overland Road, Meridian Road and Calderwood Road displaying the name of the Subdivision ("Subdivision Signs"). The Subdivision Signs shall, at all times, be owned by and remain the property of the Declarant. The Declarant may enter into agreements to rent space on the Subdivision Signs for sign panels displaying the name or designation of business located within the Subdivision and may designate tile color and design of such panels in order to maintain uniformity. 2.9 Garbaize and Reftise Disposal. Trash, garbage, and other waste shall be maintained in sanitary containers or in a permanent facility for that purpose. Each Owner shall maintain auy facility for garbage and waste storage in a clean and sanitary condition. 2.10 Parking and Access. Each Owner shall provide fo r vehicle parking on such Owner's Lot together with proper access driveways to and from the parking areas to the Private Drive, all according to the use purposes of the Lot, and according to the requirements of the City of Meridian. Notwithstanding the Easement for ingress, egress and parking set forth in Section 3.3 hereof, each Owner shall construct on such Owner's Lot parking spaces in a number not less than required by all appropriate governmental ordinances, rules and regulations for the buildings on such Lot (and the proposed use thereot) to be "self -parked" without regard to the availability of parking on other Lots not owned by Owner. 2.11 Hazardous Activities. No Owner shall conduct any activity on a Lot which is or might be unsafe or hazardous to any person or property; nor any activity that is not allowed within the zone as established by the City of Meridian. 2.12 Reconstruction. In any case where it is necessary to reconstruct a commercial building or make any permitted improvement on a Lot after the initial construction has been DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— Page 5 1:16116.002U)OCS%Snuthcm.%prings CCR's 03.dou authorized by the Southern Springs ACC, the Owner shall thereafter submit all reconstruction/improvement plans to the City of Meridian and obtain a building permit before the reconstruction/improverrient is commenced. Once a permit is obtained, then the reconstruction or improvement shall be prosecuted diligently, continuously, and without delay from time of commencement thereof until such structure is fully completed. 2.13 Retail Banking Restriction. Lot I Southern Springs #2 will be the only lot in Southern Springs Subdivision #1, #2, and #3 for a Full Service Retail Bank Branch until November 1, 2007. On November 1, 2007 this restriction wil I terminate. ARTICLE THREE Utilities and Utility Easements and Declarant Reservations 3.1 Utility Services. Each Owner's lot shall be served with underground utility sources for power, gas, water, sewer, and telephone services; which utilities shall be installed by Declarant in the streets or in the platted easement rights-of-way and will be stubbed to Owners Lot in a location designated per the construction plans. The costs of bringing utility services, other than power and telephone lines, to the Owner's lot are the sole and separate cost of the Declarant. With regard to power and telephone, Declarant shall only be responsible for bringing the conduit for power and telephone services to the Owner's lot, and the Owner shall be solely and separately responsible for the actual cost of bringing the power and telephone lines ultimately selected by Owner. Declarant is entitled to recover any and all connection fees or escrowed funds advanced by Declarant to any respective utility provider, if any, incurred to bring these utility services to the lots of the Subdivision. The Owner shall be solely responsible for any additional costs for any final hookup costs charged by a utility company as a condition precedent to final connection, as well as for any costs to obtain any other utility service not supplied to the Subdivision by Declarant. 3.2 Platted Easements. Declarant reserves an access right-of-way to all of the Common Areas and to the easements as shown and noted on the Plat of the Subdivision for the purpose of constructing water mains, electric distribution lines, sewer lines, gas pipelines, pressurized irrigation lines, and other utilities and purposes as may be necessary, convenient, and desirable for the Owners of lots within the Subdivision. 3.3 Inpress, Egress and Parking. Each Owner, as grantor, hereby grants to the other 'r Owners, their respective tenants, contractors, employees, agents, customers and invitces for the benefit of each Lot belonging to the other Owners, a non-exclusive easement for ingress and egress by vehicular and pedestrian traffic and vehicle parking over and across those portions of the Common Area located on the grantor's Lot which are, from time to time, covered wit asphalt or concrete. Drive-thru lanes and special service window pick-up areas are specifically excluded from the Common Area. 3.4 Owners of each Lot adjacent to the entrances to the Subdivision on Overland Road, Meridian Road, and Calderwood Road, as grantors, hereby grant to Declarant a perpetual DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPIUNGS— Page 6 1A6116.00ZD0(:8\Soudw. Springs CCR's 03.doc easement under, through and across the Common Area located on such Owner's Lot for the installation, operation, maintenance, repair and replacement of the Subdivision Signs referred to in Section 2.8 hereof and utility lines to the Subdivision Signs at locations reasonably determined by Declarant. The Declarant shall bear all costs for the installation, operation, maintenance, repair and replacement of the Subdivision Signs. 3.5 Licenses, Easements, and Riahts-of-Way The Declarant shall also have the right to grant and convey to any third party such licenses, casements, and rights-of-way in, on, or under the Common Areas as may be necessary to complete Declarant's covenants to the City of Meridian, ACHD, obligations created under this Declaration, and for the appropriate and orderly maintenance of the Subdivision and for the preservation of the health, safety, convenience, and welfare of the Owners, including but not limited to the constructing, erecting, operating, or maintaining any of the following: a. Underground lines, cables, wires, conduits, and other devices for the transmission of electricity for lighting, heating, power, telephone, and other purposes; b. Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating, and gas lines or pipes; and C. Any similar public or quasi -public improvements or facilities, including but not limited to access easements, micro -path walkways, pressurized irrigation systems, and fences, However, nothing contained in this -right shall obligate Declarant to make a grant of a license, easement or fight -of -way, except as Declarant alone shall decide. ARTICLE FOUR Common Areas, Uses and Maintenance. 4.1 Permanent Common Area. Devlarant hereby establishes the following as Permanent Common Areas upon which no building or structure can be constructed: a. Landscape Easement SW12. This Landscape Easement Strip is identified on the Plat and is approximately 35 feet in width running along the westerly boundary of the Subdivision parallel to Meridian Road, 25 feet in width along the northern boundary of the Subdivision parallel to Overland Road, 20 fi�et along the southern boundary of the Subdivision parallel to Calderwood Road, and 20 feet along the eastern and southern property lines. To maintain conformity and compliance with the City of Meridian landscape code, Declarant shall install landscaping materials in that portion of the strip that is on each Owner's Lot. Once the landscaping in this Easement strip is installed, together with the pressurized irrigation system, the maintenance of the Landscape Eascment Strip shall be provided by the Association as a common expense to the owner. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— Page 7 06116.00ZI)OC.S%outhern Springs CCR's 01dou b. Pressurized Irrigation System. Declarant intends to install a pressurized irrigation system to provide pressurized irrigation water to the Landscape Easement Strip and to other Common Areas within the Subdivision. The system is more fully described in Article 7 in this Declaration. Each Owner will receive a lot pro -rated periodic invoice from the Service Provider, and from time to time may receive pro -rated charges for maintenance to the system as provided by the Service Provider. Each Owner understands and accepts that the pressurized irrigation system is a part of a larger system providing water to other subdivisions and that the Declarant cannot and does not warrant the performance of the system after it has been accepted by the Service Provider, nor does Declarant warrant the quantity or quality of the pressurized irrigation water. C. Micro-Patb Walkwav and Pedestrian Bridg . The Micro -Path Walkway is a pedestrian only system. It is depicted on the Plat as a meandering pathway primarily running adjacent to Ten Mile Creek on the easterly end of the Subdivision, and running parallel to Meridian Road on the easterly boundary of the Subdivision. This Micro -Path meanders and encumbers portions of Owners' lot. Declarant, at its separate cost, shall install the Micro -Path Walkway system, including landscaping as required. Once installed, the maintenance of the Micro -Path Walkway shall be provided by the Association as a common expense. This Micro - Path Walkway are for the primary benefit of a] I lot Owners, but the public shall be entitled to a joint use, subject to the right of the Association to impose reasonable rules of usage to protect Owners' property. d. Common Cross Access/Ingress-Egress Easement. The Plat identifies an in Common Cross Access/Ingress- Egress Easement (hereinafter "Common Access Easement") which provides the exclusive method of ingress and egress for vehicle traffic to and from each Lot in the Subdivision to and from Meridian Road and Overland Road, and Calderwood Road. The Common Access Easement shall also provide the sole source of ingress -egress to and from each parking area placed on respective Owner's lot to and from Meridian and Overland Roads. Each Owner shall have an in -common right of use of the Common Access Easement with all other Owners and their respective business guests and invitees. The location of Owner's access point to the Common Access Easement cannot be altered without consent of the Owner. This Common Access Easement cannot be dissolved or abandoned without the prior written consent of the City of Meridian and all Owners within the Subdivision. This Co ' mmon Access Easement may also provide locations for utilities and for drainage. The roadways will be constructed by the Declarant prior to the releasing of the final plat. All subsequent maintenance of the Common Access Easement shall be performed by the Association as a common area expense. 4.2 Common Area Maintenance. a. Maintenance by Owners. Except as otherwise provided pursuant to Section 4.2(b) below in this Declaration each Owner, at such Owner's cost and expense, shall maintain the common area located on such Owner's lot at all times in good and clean condition and repair in a quality and condition comparable first-class commercial projects within the geographic area of the Subdivision. Such maintenance shall include, without limitation, the following: DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— Page 8 1:\6116.002WOMSouffiem Springs Mit's 03.doe (i) Maintaining, restriping, repairing and resurfacing, when necessary, all paved surfaces, excluding any paved surfaces located between the private drive, in a level and smooth condition with a type of surface and material originally installed or such substitute as shall, in all respects, be equal superior in quality in durability; I (ii) Removing all snow, paper, debris, defuse and sweeping the area to the extend reasonable necessary to keep the area in clean and orderly condition; and (iii) Maintaining all landscaped areas, without limitation, replacing shrubs and other landscaping as necessary. b. Maintenance by Southern Springs Owners Association. The Southern Springs Owners Association shall be responsible for (i) maintaining, repairing and replacing in a level and smooth condition, the Common Access Easement with the type of surface with surfacing material originally installed or such substitute as shall, in all respects, be equal or superior in quality, use and durability; (6) maintaining, repairing and replacing the landscaping and pressurized irrigation system within the Permanent Common Area; and (iii) performing such other items of other common area maintenance which cannot be practically segregated or allocated between the Lots as determined, from time to time, by the Association pursuant to the powers set forth in Article 5 hereof. 4.3 Operation and Maintenance Costs of Cornmon Areas. All costs and expenses incurred for the operation and maintenance of the Subdivision's Common Areas, as incurred by the Association, shall be the sole and separate cost of the Association, to be bome in common by all lot Owners. Each Lot Owner accepts the fact that an Owner does not have direct control over the operation and maintenance of Common Areas, and must abide by the decisions of the Association. However, the Association will use commercially reasonable efforts to minimize the costs of maintaining the Common Areas without sacrificing the quality of the services. Each Owner shall receive a quarterly detailed bill with back-up documentation showing its pro -rata share of the Common Area expenses. Owner shall have 30 days from receipt of invoice to reimburse the Association for such expenses. Owner reserves the right for a period of two years to an independent audit of the charges at his expense. Owner's pro -rata share of the subdivision shall be predetermined and attached as an exhibit to this document. 4.4 Pressurized Irrigation. Each Owner shall receive a separate pro -rata bill from the Service Provider for pressurized irrigation water available to the Owner's lot, and each Owner agrees to pay that bill whether or not the Owner uses the available irrigation water. Each Owner grants to the Service Provider a right to lien the Owner's lot for non-payment and to foreclose that lien in a manner permitted by law. 4.5 Parking Lot and other Lirditing. Each Owner shall install such parking lot and street lights as the City of Meridian shall require upon each Owner's respective Lot by the time Owner has received his certificate of occupancy and at each Owner's sole and separate cost. Once all of the required parking and street lights are installed, the subsequent maintenance of those lights shall be a common area expense to be bome by the Association. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS- Page 9 1:16166.002%DOCS�.4nujhern Springs C(Ws 01dou ARTICLE FIVE Owners Association 5.1 Orpanization of Association, The Declarant shall form the Southern Springs Owners Association as an Idaho Limited Liability Company, hereinafter "Association." It shall be fonned as a non-profit entity and shall be member managed. The articles of organization and the operating agreement for the Association shall be consistent with this Declaration. 5.2 Membership Each lot Owner, by virtue of being such an Owner and for so long as such ownership is maintained, shall be a member of the Association. Membership in the Association shall not be assignable except to the successor in interest of an Owner, and each membership in the Association shall be appurtenant to the lot owned by such Owner. Membership in the Association shall not be transferred, pledged, or alienated in any way except upon the transfer of title to said lot, and then only to the transferee of title to said lot. Any attempt to make a prohibited transler of membership shall be void and will not be reflected on the records of the Association. Each lot Owner shall be entitled to one vote for each lot owned. When more than one person is an owner of a lot, then those multiple owners shall designate a representative to vote the lot Owner's interests. In no event shall more than one vote be cast with respect to any lot. 5.3 Association Business Affairs. The business affairs of the Association shall be conducted by an Outside Manager or by Board of Member Representatives as established in the articles of organization or operating agreement. Each member shall be entitled to vote for the Manager and for the Board of Member Representatives for the terms set forth in the operating agreement. 5.4 Powers of the Association. The Association, through its Manager or Board of Member Representatives, shall have all the powers of a limited liability company organized under the laws of the State of Idaho, subject only to such limitations upon the exercise of such powers as are expressly set forth in the articles of organization, the operating agreement, and by this Declaration. The Association shall have the power to do any and all lawful things which may be authorized, required, or permitted to be done by it under this Declaration, the articles of organization, and the operating agreement, and to do and perform any and all acts which may be necessary or proper for, or incidental to, the proper management and operation of and the performance of the other responsibilities herein assigned, including without limitation: a. Assessment. The power to levy assessments (monthly, special, and limited) on the Owners of lots and to force payment of such assessments, all in accordance with the provisions of this Declaration. b. Rijyht of Enforcement. The power and authority, from time to time, in its own name, on its own behalf, or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— Page 10 1:)6116.002%D()(:S%SouJhum Springs CCR's 03.d� of this Declaration or the operating agreement, including Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise all provisions hereof C. Delegation of Powers. The Association shall have the authority to delegate its power and duties to a manager, Board, committees, officers, employees, or to any person, firm, or corporation to act as manager. d. Fmcrpcncv Powers. The Association or any person authorized by it may enter upon any lot in the event of any emergency involving illness or potential danger to life or property, or when necessary in connection with any maintenance or construction for which the Association is responsible. Such entry shall be made with as little inconvenience to the Owner as is practicable, and any damage caused thereby shall be repaired by the Association and at its sole cost and expense. e. Association Rules. The power to adopt, amend, and repeal by majority vote of the Owners, such rules and regulations as the Association deems reasonable (the "Association rul&'). The Association rules shall govern the use of the Common Areas by the Owners, their business guests and invitees; provided, however, the Association rules may not discriminate among Owners and shall not be inconsistent with this Declaration or the operating agreement. A copy of the Association rules, as they may from time to time be adopted, amended, or repealed, shall be mailcd or otherwise delivered to each owner. Upon adoption and delivery to all Owners, Association rules shall have the same force and effect as if they were set forth in and were a part of this Declaration. f Licenses, Easements, and Rights -of -Way. The power to grant and convey to any third party such licenses, casements, and rights-of-way in, on, or under the Common Areas as may be necessary or appropriate for the orderly maintenance and preservation of the purposes of this Declaration. 5.5 Duties of the Association. In addition to the powers granted to it by its articles of organization and this Declaration, and without limiting the generality thereof, the Association shall conduct all general business affairs of common interest to all Owners including the following: a. Operation and Maintenance of Common Area. Operate, maintain, and otherwise manage or provide for the operation, maintenance, and management of the Permanent Common Areas, and such other Common Areas to be maintained by the Association pursuant to Section 4.2(b) hereof including the repair and replacement of property worn out, damaged or destroyed by casualty loss. b. Taxes and Assessments. Pay all real property taxes and personal property taxes and assessments separately levied against the Common Area owned and managed by the Association or against the Association and/or any property owned by the Association. Such taxes and assessments may be contested or compromised by the Association, provided, however, that such taxes and assessments be paid or a bond insuring payment be posted prior to the sale or disposition of any property to satisfy the payment of such taxes or assessments. In addition, the DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— Page I I J:%6116.0U211)0C.S%SuuLh.� Spd.p CCR's 03.d.. Association shall pay all other taxes, whether federal, state, or local, including income or corporate taxes levied against the Association in the event that the Association is denied the status of a tax-exempt corporation. C. The Association may, but shall not be required to, obtain policies of insurance from reputable insurance companies authorized to do business in the State of Idaho, and to maintain in effect the following types of policies of insurance: (i) Comprehensive public liability insurance insuring the Association, its manager or managers, officers, or other representatives, the Declarant, the individual Owners, and the agents and employees of each of the foregoing, against any liability incident to the ownership and/or use of Common Areas owned or managed by the Association. (ii) Such other insurance, including Worker's Compensation Insurance to the extent necessary to comply with all applicable laws, directors and officers' liability insurance, and such indemnity, faithful performance, fidelity, and other bonds as the Association shall deem necessary to carry out the Association's functions. (iii) Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. 5.6 Personal Liability. No Member of the Association, nor the Association's manager or managers, officers or representatives, nor the Declarant, shall be personally liable to any Owner or to any other party, including the Association, for any damage, loss, or prejudice suffered or claimed on account of any act, omission, error, or negligence of the Association, its managers or representatives, or the Declarant, provided such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. 5.7 Dissolution. In the event the Association is dissolved, the assets of the Association shall be dedicated to a public body or conveyed to another non-profit organization with similar purposes, ARTICLE SIX Covenant for Assessments 6.1 Creation of Lien and Personal Obligation for Assessments. The Declarant hereby covenants with each lot Owner within the property that by acceptance of a deed from Declarant, and whether or not it is expressly stated in said deed, that each lot Owner shall agree to pay to the Association, the following: a. All regular assessments for specified services and maintenance as set forth in Section 6.2; and DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— Page 12 1:N6116.0021DOMS.,uthem Spri.p CCR's 03.d.� b. All special assessments for specified services and maintenance as set forth in Section 6.3. Each assessment, together with interest accrued thereon shall be a charge on the Lot Owner's lot and shall create a continuing lien upon the Owner's lot against which each assessment is made from and after the date the assessment is due. Each assessment shall beer interest at the rate of thirteen percent (13%) per annurn to accrue after the due date until fully paid. Additionally, each assessment and accrued interest shall be the personal obligation of the Owner of the lot assessed at the date of assessment and may be collected byjudicial action in the nature of a delinquent open account, which action may be in lieu of or in addition to the foreclosure of the lien created against the Owner's lot. The personal obligation for delinquent assessments shall not pass to an Owner's successor in title unless expressly assumed by the successor. Any collection action, whether it be by lien foreclosure and/or by action on a delinquent account shall require the Owner of the lot assessed to also pay reasonable attorney fees and court costs to be included as a part of the debt to the Association. Prior to bringing an action to foreclose the continuing assessment lien granted by this Article, the Association shall cause a notice of lien claim to be prepared and filed of record with the Ada County Recorder's office and shall send a copy by certified mail to the delinquent lot Owner. The cost of preparing, filing and mailing this claim oflien, including a reasonable attorney fee incurred by the Association, shall also be the cost of the delinquent lot Owner and shall be recovered from the lot Owner, 6.2 Regular Periodic Assessments. Each lot Owner shall also be assessed and pay a regular periodic assessment to begin to accrue from the date of purchase by another party, but prorated for the percentage of the first year. These regular periodic assessments are to be used by the Association for the purpose of maintenance of the Common Areas, paying costs incurred for policies of insurance purchased by the Association, and/or providing for any other regular business activities of the Association. The Association may elect to collect these periodic assessments on a monthly, quarterly, semi-annual, or annual basis, as it deems appropriate. Declarant or the Association shall estimate the cost of services anticipated for the first year of operations and notily the Owner of the estimated cost at the time of closing or within a reasonable time thereafter. This periodic assessment can be automatically increased by the Association by as much as ten percent (10%) per year beginning with the year commencing January 1, 2006. It may be increased by more than twenty percent (20%) by a majority vote of the Members at a meeting called for that purpose by the Association. Notwithstanding the foregoing, the goal for the Association is to have annual periodic expenses equal annual costs. Further, on or before March I of each year the Association shall provide a reconciliation of each Owner's account with respect to such periodic assessments. In event it is established upon such reconciliation that any Owner has not paid sufficient amount to cover its pro rata share for the year in question, such Owner(s) shall pay to the Association the full amount of any such shortage within ten (10) days of date of billing. If it is established that any Owner has made an overpayment upon such reconciliation, Owner shall receive a credit applicable to the next ensuing periodic assessment. DECLARATION OF COVENANTS, CONDITIONS, AND RESTTUCTIONS FOR SOUTHERN SPRINGS- Page 13 1:\6116.002VXX-S�Southarn Springs CCR's 03.doe 6.3 Special Assessment for Repairs, Operations, or Maintenance. In addition to the regular periodic assessments, the Association, by the majority vote of its members at a meeting called for that purpose, may make any special assessment for a specific one-time cost or expense benefiting the Common Areas or for some common interest or purpose benefiting all Members. 6.4 Notice of Action undgr Section 6.2 and 6.3. Written notice of any meeting called for the purpose of taking any action authorized under Sections 6.2 and/or 6.3 of this Declaration shall be sent to all Members not more than fifty (50) days or less than ten (10) days in advance of the meeting. 6.5 Miscellaneous Assessment Information. The Association shall annually re- establish the amount of the regular periodic assessment per lot each November of each year (beginning in 2005) and shall send written notice of that re -assessment to each Owner thirty (30) days before the effective date of the re-established regular periodic assessment. The Association shall, upon request and for a reasonable charge, furnish a certificate signed by the manager or officers of the Association stating whether or not assessments by the requesting Owner are current. 6.6 Effect of Nonpayment of Assessments and Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall be deemed to be delinquent and shall bear interest from the due date at the rate of thirteen percent (13%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the delin- quent assessment or may record and foreclose a lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his lot. 6.7 Subordination of Assessment Lions to Mortgages. The lien of any unpaid assessment shall be subordinate to any First mortgage or deed of trust against a lot. No mortgagee of a mortgage or beneficiary of a deed of trust shall be required to collect any unpaid assessment. The failure of a lot Owner to pay assessments shall not constitute a default under a mortgage or deed of trust. Sale or transfer of a lot shall not affect the assessment lien, nor shall the transferee in such sale or transfer be relieved from liability for any assessment thereafter becoming due or from the lien thereof. ARTICLE SEVEN Pressurized Irrigation System 7.1 Pressurized Irrigation System and Assessments. Each Owner understands that the Declarant has installed or intends to install a pressurized irrigation system throughout the Subdivision to be able to deliver irrigation water service to each lot in the Subdivision from irrigation water rights appurtenant to the Subdivision, which irrigation water is delivered to a site within the subdivision by Nampa and Meridian Irrigation District, hereinafter "Water District." Declarant may enter into an agreement with the Water District, pursuant to Idaho Code § 43-440A, el seq, whereby the Water District will own and operate the system and each lot DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— Page 14 IM116.U0200CM.uthem Spfings Ceti's 03.doc Owner will receive a direct assessment from the Water District for a pro -rata cost of the service whether or not the water is actually used, In such case, the Water District would also be the "Service Provide?' of the irrigation water to the end lot owners/users. Alternatively, Declarant may enter into an agreement with a third party other than the Water District (including an entity in which Declarant or principals of the Declarant will hold an interest) who would then act as the Service Provider of irrigation water from the pressurized water system to each lot in the subdivision and charge each lot Owner with a pro -rata lot charge assessment whether or not water is actually used. Irrespective of whether the pressurized irrigation water is provided by the Nampa and Meridian Irrigation District, or by another Service Provider, the Service Provider shall also operate, maintain and repair the pressurized system and may also levy and collect annual assessments against each lot served by the system to defray the cost and expense of such operation, maintenance, repair, or replacement as is specified in the agreement, which may include a reasonable profit margin for such service. When a final contract has been reached with a Service Provider, it shall be written and recorded in the records of Ada County, Idaho, and shall become a part of this Declaration by reference as if it had been recorded as a part of this Declaration. 7.2 Prohibitions' Lot Owners are prohibited from making any cross connection or tie in between the irrigation water system and their domestic water system. WATER FROM THE IRRIGATION WATER SYSTEM IS NOT DRINKABLE; EACH LOT OWNER SHALL BE RESPONSIBLE TO ENSURE THAT IRRIGATION WATER WITHIN THE BOUNDARIES OF HIS/HER/THEIR LOT IS NOT CONSUMED BY ANY PERSON OR USED FOR CULINARY PURPOSES. Lot Owners shall not construct any ditch, drain, well or water system upon any lot or Common Area. 7.3 Use and Rules. The Association, unless otherwise established by Water District, or by another Service Provider, may establish and serve on each lot Owner a set of rules establishing the use of this irrigation water including time of use and duration, recognizing that the system will not permit all lots to use the irrigation water simultaneously. The Association may also elect or contract for hire a water master to designate a rotation schedule. The Owner agrees to follow these rules and the schedules set by a water master. ARTICLE EIGHT Architectural Control In order to protect the quality and value of The commercial buildings to be constructed and for the continued protection of the Owners thereof, an Architectural Control Committee (Southern Springs ACC) is hereby established consistent with the requirements of this Declaration. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— Page 15 W6116.0021DOMS.ulhern Springs CVR's 03.dou 8.1 Approvals Required. No building, outbuilding, parking or landscaping of any type shall be commenced, erected, or installed upon any lot until the plans and specifications showing the nature, kind, shape, configuration, height, materials, location of the same and such other detail as the Southern Springs ACC may require have been submitted to and approved in writing by the Southern Springs ACC. Southern Springs AAC shall have 30 days from receipt of Owners complete application to respond in writing. No response within the 30 day period will be deemed approval by Southern Springs ACC. The Southern Springs ACC may consider such subjective criteria including compatibility with surrounding structures however, such approval shall not be unreasonably withheld, conditioned or delayed. 8.2 Enforcement. The Southern Springs ACC may exercise all available legal and equitable remedies available to prevent or remove any unauthorized or unapproved construction or improvements on any lot or property or any portion thereof. Alternatively, Southern Springs ACC may direct the Association to remove any unauthorized or unapproved improvement on a Lot or property. In the event the Southern Springs ACC (or the Association, if directed) exercises its right to remove or restrain the violation of any unapproved construction, Southern Springs ACC shall recover its damages and reasonable attorney fees. 8.3 Waivers. The approval of any plans, drawings, or specifications for any plans, improvements, or construction, or for any matter requiring the approval of the Southern Springs ACC shall not be deemed a waiver of any right to withhold approval of any similar plan, drawing, specifications, or matter subsequently submitted for approval, 8.4 Liability. Neither the Southern Springs ACC nor any member thereof shall be liable to the Association, to any Owner, or to any other party for any damage suffered or claimed on account of any act, action, or lack thereof, or conduct of the Southern Springs ACC or the respective members thereof, acted in good faith on the basis of infon-nation they then possessed. ARTICLE NINE General Provisions 9.1 Enforcement. The Declarant or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Declarant or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 9.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provision hereof, and all other provisions of this Declaration shall remain in full force and effect. 9.3 Term. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is filed of record. After completion of the initial term of twenty (20) years, this Declaration shall be automatically DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— Page 16 JA6116.002MOCS%Soulh�rn Springs CCR's 03.doc extended for successive periods of ten (10) years unless appropriate action is taken to rescind or amend the Declaration. 9.4 Amendment. This Declaration may be amended only with the written approval of 70% of the Lot Owners. [Balance of page intentionally left blank.] DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTITFRN SPRINGS— Page 17 1:%6116.0021D0CS%SouiW. Spdngs CCR'� 03.doe i I IN WITNESS WHEREOF, the unders3*gnpd Declarant has executed this Declaration of Covenants, Conditions, and Restrictions this -W day of june, 2005. SOUTHERN SPRINGS LLC, a limited liability co p y B -.:Lawrence A. Ross I Is Me rence s: Member By: Lisa Ross Its: Member L2meeJdztv, y: Rogd Michenei Its: Member V 9&.9'r By; Barbara Michener Its: Member DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTI-IERN SPRINGS— Page 18 1:16116.002NDOC.MSouffiem Sp4ngs CCR's 03.d(v By: LavIrence A. Ross, individually By: Lisa Ross, individually By: Roger Mfchener, inaividually By: Barbara Michener,'&ividually STATE OF IDAHO ) SS. County of On this jl�%' day of khNmn�� 1 2005, before me, a Notary Public in and for said State, personally appeared Lawrence A. R sh, known or identified to me to be the person whose name is subscribed to the within instrument as a Member of the Southern Springs, LLC, and acknowledged to me that he 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. + OTARy .'41s PUBO 0 PE OF STATE OF IDAHO County ol`ML--�) Aegi �aAj� Notary Public for Idaho 0 Residing at - &AT 1444110 Commission Expires 65121 PQ10 On this P� day of ' 2005, before me, a Nota ry Public in and for said Stute, personally appeared R( ger michener known or identified to me to be the person whose name is subscribed to the within instrument as a Member of the Southern Springs, LLC, and acknowledged to me that he 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. W 0 J,e,OTARj, i ..— 14 IN. 1-144 2,8 OF, "ID, DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— Page 19 1A6116.02=MNSouthern Springs CGR's 03.dm . i� - �Jotary Public for Idaho5 '. Residing at 9�my -Wahp Commission Expires V7-bj-70V) STATE OF IDAHO ) : SS. County of*L4— On this day o 2005, before me, a Notary Public in and for said f State, personally appeared Barbara A�Michen r 'known or identified to me to be the person whose name is subscribed to the within instrument as a Member of the Southern Springs, LLC, and acknowledged to me that she 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. WRIG.1%, ��ill -.0066". - "pj A R �8� -OU a 7.n of STATE OF IDAHO County of �& Notary Publig for Ida Residing at k4v� I Commission Expires' On this L�:_ day ofk- 2005, before me, a Notary Public in and for said State, personally appeared Lisa Ross, know or identified to me to be the person whose name is subscribed to the within instrument as a Member of the Southern Springs, LLC, and acknowledged to me that she 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. WIRIG .1", F�04t. 1. ,t,O'TARy %P % DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— PaLe 20 M6116,00200CSkSmhom Springs CCR's 03.doe Aotary PublAc for Id Residing atmMu ID Commission Expires 67—,d V?100 STATE OF IDAHO ) : ss. County ofMA On this A— day of-re� 2005, before me, a Notary Public in and for said State, personally appearck-Lamence —A. Rosh, known or identified to me to be the person whose name is subscribed to the within instrument individually and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat, the day and year in this certificate first above written. P, Wj?10 11%, N�8 00"00" -2� C, ""!Pv or STATE OF IDAHO ) . ss. County of Mok 7-L&Qa)�� Notary Publiffor Ida Residingat W�%X Commission Expires On this e— day of V-01MA'111 -, 2005, before me, a Notary Public in and for said State, personally appeared Roger MicheneTknown or identified to me to be the person whose name is subscribed to the within instrument individually and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat, the day and year in this certificate first above written. %I'- WRIG go -VAR 0 �Glv \ Pus a 6. *� NZ'P %0008-9 9 A ,�4 V-010 I.JS ov. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— Page 21 1:\6116.002\o0CS%So.ffiem Sprina� MR's 03.dw -"Qa�k� Nitary PubliHfor MAD I Residing at j Z �ArA IM Commission Expir6s STATE OF IDAHO ) County of On this LK— day of 'n , 2005, before me, a Notary Public in and for said State, personally appeared Barbara Michen known or idend fied to me to be the person whose name is subscribed to the within instrument individually and acknowledged to me that she exceuted 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. s,.,- P, W % ,,t..oTA PUB0 . IP .1 46,- 6"000 "."'A OF STATE OF IDAHO ) " aw::3�-4 Notary Publip, for Id Residing at Commission Expires C�2-09—&j I D as. County of On this day of 2005, before me, a Notary Public in and for said State, personally appeared Lisa Ross, knowd or identified to me to be the person whose name is subscribed to the within instrument individually and acknowledged to me that she 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. WJ11 % pTAit d066 of; DECLARATION OF COVENANTS, CONDII IONS, AND RESTRICTIONS FOR SOUTHERN SPRINGS— Page 22 1A6116.002kD0CMSouLhem Springs CCR.% 03.doc Motary Pub Wl for Idaho Residing at M19C. I Commission Expires' Q I P�j 6 b MIR t2 2 Ist Sl I 0 J SE2 m .9 [-4 W2 AE gig b Og iji "E Q;j v - P', a. rj) JWE12 W Rg ��`V a -2 � I I ;! 1 ;2; A , E Ali .2 1.1 E �'E IV z Pr V b5SA2 9, -, E m aa 'do P E 66.11 E- 4 Vic., 0 ;VH 's .4 , I a-5 All gill g 912 12 9 A Sj, I E- E f5s 'EVC H.n U. �Clr WMvd ?I NUCH miswomns 2mW31 AHMn. IL .9� sot or ld-4 NA MH UYNUd 3M �MSNWQ m M, I 'M C Ow am. 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Ell MAI Ursa --Ul 69 ... ... ty" N WAI 0 Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Projectname: &- �601HMN '500AW6'5 File Applicantlagent7 Vkifl� 'OrAfoez All applications are required to contain one copy of the following unless otherwise noted: , Applicant Staff Description 0 Completed & signed Administrative Review Application Narrative fully describing the proposed use of the property, including the following: > Information on any previous approvals or requirements for the requested use (i.e., applicable conditions of approval or Development Agreement) Recorded warranty deed for the subject property Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation, submit a copy ofthe Articles of Incorporation or other evidence to show that the person signing is an authorized agent. Scaled vicinity map showing the location of the subject property Sanitary Service Company approval for trash enclosure & access drive (stamped site plan) A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens or more (see LJDC 11-3A-1 1) 14 corded plat that the property lies within (8V2" x I I") '4, Address verification letter from Public Works (See Tricia Bieren 898-5500) Site Plan -4 copies (folded to 8 1/2" x I I" size) The following items must be shown on the site plan: . Date, scale, north arrow, and pLoject name (scale not less than 1'�50') 0 Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plant/ 0 Parking stalls and drive aisles-'� 0 Trash enclosure(s) location� . Detail of trash enclosure (must be screened on 3 sides) L� a Location and specifications for underground irrigation (Pressurized irrigation cani only be waived if you prove no water rights Zi" to c�' a Sidewalks or pathways (p posed and n27� Location of proposed building oil lot (include dimensions to property fincs)�' Fencing (proposed and existing) Cahadations table including the following: > Number of parking stalls required & provided (specify handicap & compact stallsy- > Building size (sq. ft.) > Lot size (sq. > Setbacks �" )� Zoning district 0 Reduction of flie site plan (8 !/2" x I I") Landscape plan - 3 copies (folded to 8 1/2" x I I" size) Plan must haie a scale no smaller than I " = 50'(1 - = 20'ispreferred) and be on a standard drawing sheet, not to �ceed 36" x 48" (24" x 36" is preferred). A plan which cannot he drawn in its entirely on a single sheet must be drawn with appropriate match lines on two or more sheets. The following items must be included on the landscape plan: V/ • Date, scale, north arrow, and project name -�' • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan L/ 660 E. Watertower Lane, Suite 202 - Meridian, Idaho 83642 Phone: (208) 884-5533 - Facsimile: (208) 888-6854 - Website: www.meridiancity.org 9V'1� . ACHD Acceptanc : Applicant shall be responsiblefor meeting the requirements ofACHD as theypertain to this application. All impactfees, ifany, shall bepaidprior to the issuance ofa buildingpermit. Ifany changes must be made to the siteplan to accommodate the ACHD requirements, a new siteplan shall be submitted to the City of Meridian Planning & Zoning Departm entfor approval prior to the iss nonce of a buddingperm it Your buildingpermit will not be issued until ACHD has approvedyourplans and all associaleaffees have beenpaid THIS A PPLICA TION SHALL NOT BE CONSIDERED COMPLE TE UNTIL STAFF HA S P ECEIVED A LL REQUIRED INFORAMYTON 660 E. Watertower Lane, Suite 202 - Meridian, Idaho 83642 Phone: (208) 884-5533 - Facsimile: (209) 888-6854 - Website: www.meridimeity.org (Rev. 9121106) • Existing natural features such as canals, creeks, drains, ponds, wetlands, floodplains, high groundwater areas, and rock outcroppings. - • Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed. / • A statement of how existing healthy trees proposed to be retained will be protected from damage during construction.,. - • Existing structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, signs, street furniture, and other man-made elemen&." • Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown with one -foot contours. � I • Sight Triangles as defined in 11 -3A-5 of this ordinance. L • Location and labels for all proposed plants, including trees, shrubs, and grOUndCOVerS (trees must not be planted in City water or sewer easements). Scale shown for plant materials shall reflect approximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (1, 11, or 111), and comments (for spacing, staking, and installation as appropriate). -- • Planting and installation details as necessary to ensure conformance with all required standards. �� • Design drawing(s) of all fencing proposed for screening purposes • Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: > Number of street trees and lineal feet of street frontage,� )� Width of street buffers (exclusive of right-of-way) > Width of parking lot perimeter landscape stripc-" > Buffer width between different land uses (if applicable)—' > Number of parking stalls and percent of parking area with internal landscapigi > Total number of trees and tree species mix v' > Mitigation for removal of existing trees, including number of caliper inches being removed �' Reduction of the landscape plan (8 '/2" x I I") Building elevations showing construction materials If applying for approval of a public school, provide additional information as required by the Public School Facility supplemental checklist per §67-6519. Fee (If this project had prior approval on a site plan, reduced fees may apply) ACHD Acceptanc : Applicant shall be responsiblefor meeting the requirements ofACHD as theypertain to this application. All impactfees, ifany, shall bepaidprior to the issuance ofa buildingpermit. Ifany changes must be made to the siteplan to accommodate the ACHD requirements, a new siteplan shall be submitted to the City of Meridian Planning & Zoning Departm entfor approval prior to the iss nonce of a buddingperm it Your buildingpermit will not be issued until ACHD has approvedyourplans and all associaleaffees have beenpaid THIS A PPLICA TION SHALL NOT BE CONSIDERED COMPLE TE UNTIL STAFF HA S P ECEIVED A LL REQUIRED INFORAMYTON 660 E. Watertower Lane, Suite 202 - Meridian, Idaho 83642 Phone: (208) 884-5533 - Facsimile: (209) 888-6854 - Website: www.meridimeity.org (Rev. 9121106)