Applegate Subdivision FPREQUEST FOR SUBDIVISION APPROVAL
AND/OR FINAL PLAT
PLANNING AND ZONING COHNISSION
TIME TABLE FOR SUBMISSION:
A request for preliminary plat approval must be in the City
Clerks possession no later than three days following the
regular meeting of the Planning and Zoning Commission.
The Planning and Zoning Commission will hear the request at
the monthly meeting following the month the request was
made.
After a proposal enters the process it may be acted upon at
subsequent monthly meetings provided the necessary
procedures and documentation are received before 5:00 P. M.,
Thursday following the Planning and Zoning Commission
action.
GENERAL INFORMATION
1. Name of Annexation and Subdivision. At�FFC-rPj.7E- 50E�VISJCA NOJ
2. General Location, SW Y4 oF-rNE NE,IV4 OF Tlcc.► ►Z� -r JW.179.M.
3. Owners of record, FEZE3A CAI WJ.S Q WILMA. S. $PASS
Address, 2-(401 1Q. Ul 1CV-2- RD. McVpA,-Zipf36qZTelephone
4. Applicant, -1E9M1)4G%S 'REAL- ff:=ddress, 2,399 5. CFO &4!3pSo gc1SF
�- ,r837os i
5. Engineer, i{FITJ•l A. L-oyCur�S Firm L-e)✓GL.ESS
Address 3330 RACE JI•, �� . Zip $370.3 Telephone 3i�Z-%Z9S
6. Name and address to receive City billings: Name (_oV6.0 SS
Addresses e7174 Telephone
$oisE, io g37o3
PRELIMINARY PLAT CHECKLIST: Subdivision Features
1. Acres 8.0007
2. Number of lots 1-7/
3. Lots per acre '�Y'7
4. Density per acre x•87
5. Zoning Classification(s)
•
6. If the proposed subdivision is outside the Meridian City
Limits but within the jurisdictional dile, what is the
existing zoning classification N �i
7. Does the plat border a potential green belt /SID
a. Have recreational easements been provided for AJC)
9. Are there proposed recreational amenities to the City
AID Explain
10. Are there proposed dedications of common areas? /VU
Explain
For future parks? ^10 Explain
11. What school (a) service the area osv.-zT SCIAML, ti -ST. do you
propose any agreements for future school sites NO
Explain
ytrEs= c.L1
12. Other proposed amenities to the City WELL. SITZ; Water Supply
Fire Department FIRE NYDP-Ak-� . (O EA, Other
S•tREET LIG4iTS. (o FA, Explain
13. Type of Building (Residential, Commercial, Industrial or
combination) ��iS/1�EAL
14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes,
other S/AA91,G FAMILY
15. Proposed Development features:
a. Minimum square footage of lot(s). S� �b 5• F --
/-IVI)4 �
b. Minimum square footage of structure(s) S F SpACE-
c. Are garages provides for, YDS square footage Soo
d. Are other coverings provided for
e. Landscaping has been provided for A10, Describe
(2)
i
f,
Trees will
be provided for
NO
Trees will be
maintained
OWNER
9-
Sprinkler
systems are provided
for Pic
h•
Are there
multiple units
Type
remarks
i•
Are there
special set back
requirements )OV
Explain
J. Has off street parking been provided for/Jo ,Explain
k. Value range of property i OHO TC> #/CrE;7, OHO
1. Type of financing for development -IVAT
M. Protective covenants were submitted_____, Date
16. Does the proposal land lock other property N� �
Does it create Enclaves
STATEMENTS OF COMPLIANCE:
1. Streets, curbs, gutters and sidewalks are to be constructed
to standards as required by Ada County Highway District and
Meridian Ordinance. Dimensions will be determined by the
City Engineer. All sidewalks will be five (5) feet in
width.
2. Proposed use is in conformance with the City of Meridian
Comprehensive Plan.
3. Development will connect to City services.
4. Development will comply with City Ordinances.
5. Preliminary Plat will include all appropriate easements.
6. Street names must not conflict with City grid system.
(3)
•
APPLEGA7E;SUBDIVISION ,1M 1
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• CENTRAL (�
• • DISTRICT
REVIEW SHEET HEALTH Return to:
DEPARTMENT
❑ Boise
❑ Eagle
Garden City
Rezone # -� Meridian
Conditional[:]Kuna
Prelimina /Fin Short Plat IVo. ACz
❑ 1. We have no objections to this proposal.
❑ 2. We recommend denial of this proposal.
❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this
proposal.
❑ 4. We will require more data concerning soil conditions on this proposal before we can comment.
❑ 5. Before we can comment concerning individual sewge disposal, we will require more data
concerning the depth of
❑ high seasonal ground water
❑ solid lava from original grade
❑ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers:
❑ 2 feet
4 feet
7. After written approval from appropriate entities are submitted, we can approve this proposal for:
119 Central sewage Community sewage system ❑ Community water well
Interim sewage Central water
❑ Individual sewage ❑ Individual water
8. The following plan(s) must be submitted to and approved by the Idaho Department of Health
and Welfare, Division of Environmental Quality:
® Central sewage ❑ Community sewage system❑ Community water
❑ Sewage dry lines ® Central watbr
9. Street runoff is not to create a mosquito breeding probelm.
❑ 10. This department would recommend deferral until high seasonal ground water can be determined
K other considerations indicate approval.
❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho
State Sewage Regulations.
❑ 12. We will require plans be submitted for a plan reiew for any:
❑ Food establishment ❑ Swimming pools or spas ❑ Child Care Center
F-]Beverageestablishment F-]Grocerystore
❑ 13. DATE: 4 �Af, �4�
Reviewed by: T� k/,,,
CDHD 10-91 rcb
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SUBDIVISION EVALUATION SHEET
Proposed Development Name APPLEGATE SUB NO. 1 City MERIDIAN
Date Reviewed 10/01/92 Preliminary Stage Final XXXX
Engineer/Developer Loveless Engr./Jennings Real Estate Inc
The following SUBDIVISION NAME, is approved by the Ada County Enginner or his
designee per the requirements of the IDAHO STATE CODE.
APPLEGATE SUBDIVISION NO. 1 X 'c I / z Y G- Date
The Street name comments listed below are made by the members of the ADA COUNTY
STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this
development in accordance with the Boise City Street Name Ordinance.
The following existing street names shall aDDear on the Dlat as:
"W. PINE AVENUE"
"N. WEST 7TH AVENUE"
"N. WEST 5TH AVENUE"
The following new street names are approved and shall apear on the plat as:
"W. APPLEGATE STREET"
"W. CRITERION STREET"
The above street name comments have been read and approved by the following
agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the
signatures must be secured by the representative or his designee in order for the
street names to be officially approved. �
ADA COUNTY STREET NAME C01 IITTEE
Ada County Engineer John Priestei
Ada Planning Assoc. Terri Raynor
I DESIGNEES >
Date l-1
Date ,'
Meridian Fire Dept. Representative Date
NOTE: A copy of this evaluation sheet must be presented to the Ada County
Engineer at the time of signing the "final plat", otherwise the plat will not be
signed !!Il Sub Indexl/ w_ Street Index
NUMBERING OF LOTS AND BLOCKS -�� W C � ✓��� Z �l ,Z 3, 4�, � I �]
-1w
APPLEGATE SUBDIVISION
FINAL PLAT PHASE # I
COMMENTS
1: CENTRAL DISTRICT HEALTH: CAN APPROVE W?CENTRAL WATER & SEWER:
2: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS:
3: CITY ENGINEER: SEE ATTACHED COMMENTS:
4: IDAHO POWER: NOTE THAT THE EASEMENT WORDING SHOWN ON PLAT DOES NOT PROVIDE THIS ON
CORNER LOTS, WE REQUEST A CHANGE OF WORDING TO CLARIFY:
5: FIRE DEPT: NO OBJECTIONS TO THIS REQUEST:
6: POLICE DEPT: NO OBJECTIONS:
7: STREET NAME COMMITTEE: SEE ATTACHED:
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OFFICIALS
JACK NIEMANN, City Clerk
JANICE GASS, Treasurer
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Waste Water Supt.
KENNY BOWERS, Fire Chief
BILL GORDON, Police Chief
GARY SMITH, City Engineer
is HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433
FAX (208) 887-4813
GRANT P. KINGSFORD
Mayor
September 23, 1992
Mayor
Council Members
Attorney
Engineer
Attached are the Covenants for Applegate Subdivision #1 for
your review:
These will be on the Council Agenda for October 20, 1992;
Jack Niemann
City Clerk
COUNCILMEN
RONALD R. TOLSMA
ROBERTGIESLER
MAX YERRINGTON
ROBERT D. CORRIE
Chairman Zoning & Planning
JIMJOHNSON
Fuge d
APPLEGATE SUBDIVISION
DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
THIS DECLARATION, made on the date hereinafter set forth by APPLEGATE
PARTNERSHIP, LIMITED (hereinafter referred to as "Declarant").
W I T N E S S E T H=
WHEREAS, Declarant is the owner of certain property in Meridian,
County of Ada, State of Idaho, which is more particularly described as -
NOW, THEREFORE, Declarant hereby declares that all of the properties
described above shall be held, sold, and conveyed subject to the following
easements, restrictions, covenants, and conditions, which are for the
purpose of protecting the value and desirability of, anc-I which shall 1 -un
with`, the real property and be binding on all parties having any 'right.,
title, or interest in the described properties or any part thereof, their
heirs, successors, and assigns, and shall inure to the benefit of each
owner thereof.
ARTICLE...,., I.
DEFINITIONS
Section 1 . Owner shall mean and 'refer to the record owner , whether
one or more persons or entities, of a fee simple title t.o any Lot, whiO-j is
a. partof the Properties, including contract sellers, but c;xcluding those
having such interest merely as security for the performance of an
obligation.
Section 2. Properties shall mean and refer to that certain real
property hereinbefore described, and such additions thereto as may
hereafter be brought within the jurisdiction of the Owner::.
Section 3. Lot shall mean and refer to any plot of land designat-z=d
as :a Lot upon any recorded subdivision map of the Properties.
Section 4. Declarant shall mean and refer to APPLEGATE
PARTNERSHIP, LIMITED, their successors and assigns if such successor`M, or
assigns acquire more than one undeveloped Lot from the Declarant For t.h'ia
purpose of development.
APPLEGATE SUBDIVISION
CC&R"s, Page 1
0
ARTICLE II
ARCHITECTURAL CONTROL
Section 1. Architectural Committee. A committee of three persons
shall act as an Architectural committee and shall, prior to any new
construction in said subdivision, be furnished with one set of detailed
plans and specifications of any proposed building to be located in said
subdivision and shall be allowed fifteen (15) days to review said plans,
drawings, and specifications. If the plans are not approved within said
fifteen ( 15) days, they shall be deemed rejected. If said committee shall
approve the proposed building, or any modification or alteration thereof,
they shall so indicate by the dating and signing of the set of plans by a
member of the committee, and their approval shall be construed as full
compliance with the provisions of Paragraph One (1) of the original
covenants. Said committee shall have sole discretion to determine what
shall be substantial compliance with said covenants. No building shall
occupy any portion of said subdivision without prier consent of said
committee.
The initial committee shall consist of the following'
Roger C. Jennings 2399 S. Orchard, Suite 201, Boise, ID 83705
Randy D. Jennings 2399 S. Orchard, Suite 201, Boise, ID 33705
Rich Scrivner 2399 S. Orchard, Suite 201, Boise, ID 83705
A majority of said committee is empowered to act for the committee.
In the event any member of the committee is unable to act or tails or
desires not to act, the remaining committee members shall appoint an owner
of a Lot in said .subdivision to serve on said committee, all of whom shall
serve without compensation.
Upon the sale of the last Lot in the subdivision, the work of the
initial committee shall be deemed completed and said committee member!
shall then be automatically released from all responsibilities thereto.
After release of the initial committee, any homeowners who desire to
Serve on said committee may do so provided fifty percent (50%) of the
homeowners in existence agree hereto.
Section 2. Covenants, Conditions, and Restrictions. The following
covenants shall run with the land and be in force and effect for thirty
( 30) years hereafter unless sooner terminated by agreement by the owners of
no less than sixty. -seven percent (67%) of the land in the subdivision.
Modification or termination of these covenants can only be made with the
consent of the owners while any lots in this subdivision remain in their
ownership, and are as follows, to -wit:
APPLEGATE SUBDIVISION
CC&R 's , Page 2
R19 Ke� GGZh / kii5f .5 3 —6 s— v W�/
(1.) No building, fence, wall, structure,' improvement, or
obstruction shall be placed or permitted to remain upon any part of said
property unless a written request for approval thereof containing the plans
and specifications thereof, including exterior color scheme, has been
approved in writing by the Architectural Committee. The approval of the
Committee shall not be unreasonably withheld if the said plan:: and
specifications are for improvements which are similar in general design and
quality, and generally in harmony with the dwellings then located in said
subdivision.
The floor areas of a one --story house in this subdivision shall not be
less than 1300 square feet on the ground floor. Two -.-story and tri -level
homes shall have no less than 800 square feet on the wrround floor,
exclusive of covered porches, entrances, or patios. No split --entry homes
will be allowed.
Each house in this subdivision shall include some brick
or stone on
the front exposure and roofs
of at least 4 in
12 pitch. Bay
windows,
broken roof lines, gables,
hip roofs, etc.,
are strongly
encouraged.
Exterior" Colors of earth tones
or light blues or
grays shall be
encouraged.
Bright or bold colors, or very
dark colors shall
be discouraged
and mustbe
approved by the Architectural
Committee.
No gravel roofs or moving of pre --built homes into the subdivision will
be allowed without the approval of the Architectural Committee.
All the lots shall be provided with a driveway and a minimum of two
off-street automobile parking spaces within the boundaries of each Lot.
All area requirements shall be exclusive of the required two--ca,r
garage area and shall be well --constructed of good quality material and
workmanship. For the purpose of the covenants, eaves, steps, and open
porches shall not be considered as part of a building, provided, however,
that this shall not be construed to permit any portion of a building on a
Lot to encroach upon another Lot. No residence shall be in excess of twc-+
stories above ground.
All houses shall have an enclosed garage which will hold no less than
two cars and no more than three.
All fences must conform to City of Meridian ordinances. Fences shall
not extend nearer than twenty ( 20) feet to the property line on the side of
the house next to a side street and the area between the fence and sidewalk
shall have sod and shrubs. In addition, fences shall not extend closer
than twenty ( 20) feet to the front property line nor higher than six (6 )
feet at any point without express approval of the Architectural Committee,
and shall be of good quality and workmanship and shall be properly finished
and maintained. The location of fences, hedges, high plantings,
obstructions, or barriers, shall be so situated as notto unreasonably
interfere with the enjoyment and use of neighboring properties and streets
and shall not be allowed to constitute an undesirable, nuisance, or noxious.
use. The determination of the Architectural Committee shall be binding on
all parties as to whether an undesirable, nuisance, or noxious use e=xists:.
APPLEGATE SUBDIVISION
CC&R's, Page 3
•
11
(2) No building shall be located on any Lot neater than twenty
( 20) feet from the front line and fifteen (15) fent from the rear line nor
nearer than five (5) feet per story to any side line.
(3) Construction of any residences on the subdivision shall be
diligently pursued after commencement thereof, and shall be completed
within eight (8) months.
(4) Landscaping of front yard is the specific responsibility of
the builder and must be completed within thirty (30) days of substantial
completion of the home, or within thirty (30) days of occupancy, and is to
include sod in the front yard, one flowering tree of at least 1 1:2"
caliper or pine tree of at least six (6) feet in height. Berms and
sculptured planting areas are encouraged. In the event of undue hardship
due to weather conditions, this provision may be extended for a reasonable
length of time upon written approval of the Architectural Committee. Crass;
will be planted in the back yard within one (1) year of occupancy. All
grass and landscaping shall be maintained by the property owner in a
sightly manner and shall be kept as weed free as possible. Fine grading on
each individual Lot shall be required to conform to the master drainage
plan of the subdivision.
(5) No building shall be moved onto the premises.
(6) No shack, tent, trailer house, Storage building or basement
only, shall be used within the subdivision for living quarters, permanent
or temporary.
(7) Nothing of an offensive, dangerous, odorous, or nois:.y,
endeavor- shall be conducted or carried on nor shall anything be done or
permitted in said subdivision which may be or become: an annoyance or
nuisance to the other property owners in said subdivision. Weeds shall be
kept cut to less than six (6) inches, on vacant lots;.
(8) Keeping or raising farm animals or poultry is prohibited.
No animals: shall be kept or raised for commercial purpose. All dogs and
cats or household pets kept on these premises shall be properly fed and,
cared for and shall be adequately fenced so as not to annoy or trespass
upon the use of the property of others.
Dogs shall not be allowed to run at large. Not more than two (2 )
animals may be kept at one time, except that a litter- of young may be kept
until eight (8) weeks: old.
(9) No business shall be conducted on the above: property t.ha.t.
cannot be conducted within the residence of the owner as permitted by law.
No signs shall be installed to advertise said business. No oil exploration
or development of any nature or kind or mining exploration, development, or
structure shall be permitted upon the: lots in the. subdivision.
(10) only one outbuilding per Lot will be allowed. All
outbuildings shall be constructed of good quality building material,
completely finished and painted on the outside and shall be of a quality
APPLEG-ATE SUBDIVISION
CC&R'_, page 4
0 0
(1) No building, fence, wall, structure., improvement, or
obstruction shall be placed or permitted to remain upon any part of said
property unless a written request for approval thereof containing the plane
and specifications thereof, including exterior color scheme, has been
approved in writing by the Architectural Committee. The approval of the
Committee shall not be unreasonably withheld if the: said plans and
specifications are for improvements which are similar in general design and
quality, and generally in harmony with the dwellings then located in said
subdivision.
The floor areas: of a one-story house in this subdivision shall not be
less than 1300 square feet on the ground floor. Two-story and tri -level
homes, shall have no less than 1500 square feet. , exc:lu.sive of covered
porches, entrances, or patios. No split --entry homes will be allowed.
Each house in this subdivision shall include some brick or stone on
the front exposure and roofs of at least 4 in 12 pitch. Bay windows,
broken roof lines,, gables, hip roofs, etc., are strongly encouraged.
Exterior colors of earth tones or light blues or grays shall be encouraged.
Bright or bold colors, or very dark colors shall be discouraged and must b;:
approved by the Architectural Committee.
No gravel roofs or moving of pre -built homes into the: subdivision will
be allowed without the approval of the Architectural Committee.
All the lots shall be provided with a driveway and a. minimum of two
off --street automobile parking spaces within the boundaries of each Lot.
All area requirements shall be exclusive of the: required two--car-
garage area and shall be well -constructed of good quality material and
workmanship. For the purpose of the covenants, eaves, steps, and open
porches shall not be considered as part of a building, provided, however,
that this shall not be construed to permit any portion of a building on a
Lot to encroach upon another Lot. No residence shall be in excess of two
stories above ground.
All houses shall have an enclosed garage which- will hold no less: than
two cars and no more than three. !
fir"
Fences shall not extend nearer than ten (10) feet to the property line
on the side of the house next to a side street and the area between the
fence and sidewalk shall have sod and shrubs. In addition, fences shall
not extend closer than twenty (20) feet to the front property line no, -
higher
than six (6) feet at any point without express approval of 't'h
Architectural Committee, and shall be of good quality and workmanship and
shall be: properly finished and maintained. The location of fences, hedges,
high~ plantings, obstructions, or barriers, shall be so situated as not to
unreasonably interfere with the enjoyment and use of neighboring properties;
and streets and shall not be allowed to constitute an undesirable.
nuisance, or noxious use. The determination of the Architectural Committee
shall be binding on all parties as to whether an undesirable, nuisance, or
noxious use exists.
APPLEGATE SUBDIVISION
CC&FA's., Page 3
•
and character that will be in harmony with the other buildings on said
property and must be approved by the architectural Committee.
( 11) No building or structure shall be placed on said property so
as to obstruct the windows or light of any adjoining property owner" in said
subdivision.
(12) all bathroom, sink, and toilet facilities shall be; located
inside the dwelling house or other- suitable appurtenant building, and shall
be: connected by underground pipe to wet line sewer connection lines which
have been provided to each Lot.
( 13 ) No sign of any kind shall be displayed to public view on any
building or building site on said property except a professional sign of
not more than five (5) square feet advertising the property for rent by an
owner" or for sale or to advertise the property during ti'i<`w construction and
wales period. If a property is sold or rented, any sign relating thereto
shall be removed immediately, except that the Declarant or its agent mai
post a "Sold" sign for a reasonable period following the sale.
Notwithstanding any provision to the contrary, signs of any and all sizes
and dimension may be displayed by the Declarant, without limitation
thereto, for subdivision identification.
( 14) No Lot or building site included within this subdivision
shall be used or maintained as a dumping ground for waste material.
Incinerators are not permitted. Receptacles for storage or trash, garbage,
etc., shall be maintained in a sanitary and clean condition.
(15) Parking of boats, trailers, motorcycles, trucks, truck -
campers, and like equipment, or junk cars or other unsightly vehicles, and
like items shall not be allowed on any part of said property nor on public
ways .adjacent thereto excepting only within the confines of an enclosed
garage, or other approved enclosure:, and no portion of same may projec:t
beyond the enclosed area. Garage driveways shall not be extended on either-
side for additional parking without first securing Architectural Committee
approval. For the purpose of this section, an approved area may be beside
the house but not on a street side, and consist of a six (6) foot solid
board fenced enclosure that is, on the front, no closer than ten (10) feet
to the nearest front corner of the house. If the height of the stored item
is greater- than the height of the front fence, the item must be stored twc�
(2) feet farther from the nearest front corner- of the house for each pavt.
of a foot the item extends above the fence and the item must be stored two
(2) feet away from any side yard fence for each part of a foot it extends;
above: said fence, but in no case will the item be allowed to be stored if
its height is greater" than nine (9) feet or length greater than twenty-five
(25) feet. The Architectural Committee shall be the sole and exclusive
,judges of approved parking areas.
(16) No machinery, building equipment or material shall be stored
upon site until Owner- and/or Builder is ready and able to commence the
construction. Building materials: shall be placed within the property line
of the building site upon which the structure is to be erected.
APPL.ECir^TE SUBDIVISION
CC&P's, Page 5
• 0
( 1i) Installation of radio and/or television antennae or
satellite dishes is prohibited outside any building without:, written consent
from the Architectural Committee;, which would require= them to be screened
from the street view.
Section 3. Damage to Improvements. It shall be the responsibility
of the Builder of any residence in this subdivision to leave street, curbs,,
sidewalks, fences, tiled irrigation lines, if any, and utility facilities
free of damage and in good and sound condition at the conclusion of the
construction period. It shall be conclusively presumed that all such
improvements are in good, sound condition at the time building is begun . lii
each Lot unless the contrary is shown in writing at the date of conveyance
or by date of possession, whichever date shall first occur, which notice is
addressed to a member of the Architectural Committee.
Section 4. Time Extension for Covenants. The covenants set;, forth
in this instrument shall run with the land and shall be binding on all
persons owning a Lot( s:) under them for a period of thirty rt;' (30) years: from
the date of this recording thereof, after which- time such covenants shall
bc automatically extended for successive period of ten (10 ) yearn, unless
at any time after the initial recording of this instrument, an instrum� M,
signed by no less than sixty-seven percent (67%) of the: Lot owners of this
subdivision has been recorded agreeing to terminate said covenants, in
whole or in part.
Section 5. Enforcement. Enforcement against any person or persons
violating or attempting to violate any covenant herein after ten (10 ) days
notice thereof in writing served on the offending party, shall be had by
any property owners either at law or equity. In the event of judgement:,
against any person for such, the Court may award an injunction against any
person for such violation, require such compliance &n the Court deems
necessary, award such damages, reasonable counsel fees, and Court costs as
may be suffered or incurred, and such other or further relief as maw be
deemed just and equitable.
APPLEGATE SUBDIVISION
CC&R's , Page 6
• 0
ARTICLE III
GENERAL PROVISIONS
Section 1. Enforcement. Any Owner shall have the right to
enforce, by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations, liens, and charge's, now or hereaft-er
imposed by the provisions of this D< i_ la'r`atioln . Failure by any' Owner (:,-,.
,—nfcorce any covenant or restriction herein contained sha.11 in no event be
deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of thcfsc,
covenants or restrictions by ,judgement or other court lJ a dl.% I h�ll in ni_, wa';;-
J I f,�
affect any other provisions which shall remain in -Full force and effec:t..
Section 3. Amendment.
The covenants:
and restrictions of
this,
Declaration shall run with and
bind the land,
for a tern, of thi)-'-y
(30 )
years from the date this Declaration
is recorded, after which tlrne
they
Shall be automatically extended
for successive
periods of ten ( 10) yewa'r-s
.
Tihis Declaration may be amended
during the first
thirty (30) year, period by
an instrument signed by not less than sixty -.-seven
percent (67%) of
Lot
Owners. Any amendment must be
recorded.
APPLEGATE SUBDIVISION
CC&R 's , Page 7
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has:
Hereunto set it hand and seal the day of
y 19
STATE OF IDAHO }
ss.
County of Ada
Roger C. Jennings
Randy D. Jennings
Rich Scrivner
On this day of 1' - , before me,
..................................................... .................................
the undersigned, a notary public in and for the .said state, personally
appeared, ROGER C. JENNINGS , RAND`( D. JENNINGS , and RICH SCRIVNER Known to
me to be the persons whose names are subscribed to the within instrumlWnt:,
and acknowledged to me that they executed the same.
Notary Public for Idaho
Residing at ..............
My Commission Expires ..
APPLEGATE SUBDIVISION
CC&R's, Page 8
OFFICIALS
JACK NIEMANN, City Clerk
JANICE GASS, Treasurer
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Waste Water Supt.
KENNY BOWERS, Fire Chief
BILL GORDON, Police Chief
GARY SMITH, City Engineer
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
September 23, 1992
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone(208)888-4433
FAX (208) 887-4813
GRANT P. KINGSFORD
Mayor
Mayor
Council Members
Attorney
Lhgineer
Attached are the Covenants for Applegate Subdivision #1 for
your review:
These will be on the Council Agenda for October 20, 1992:
Jack Niemann
City Clerk
COUNCILMEN
RONALD R. TOLSMA
ROBERT GIESLER
MAX YERRINGTON
ROBERT D. CORRIE
Chairman Zoning & Planning
JIM JOHNSON
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MEMORANDUM
TO: HONORABLE MAYOR & OUNCIL
FROM: GARY SMITH, P. E.
RE: APPLEGATE SUBDIVISION NO. 1
(FINAL PLAT)
October 1, 1992
1 have reviewed this submittal and have the following comments
for your consideration as conditions of the applicant during the
hearing process:
SHEET NO. 1:
1. The lot numbering of Block 2 and the block number for
Lot 1, at the southeast corner of W. 5th and W.
Applegate need to be resolved with the Ada County
Engineer.
2. Show a line for reference of dimensional arrows in the
"Typical Utility Easement" shown in the Legend.
3. The "Proposed City Well Lot" should be considered as a
residential lot..
4.
5.
6.
7.
8.
The southerly boundary of Block 3 should be N. 890
43' 39" W. rather than S. 89' 43' 39"W.
When do the vacation instrument number for the City
water line easement need to be added to the plat?
The bearing of the south boundary line of Lot 1 — Block
2-5 should be N.89-49-16 W.
The north end width of N.W. 7th St. should be
dimensioned at 50.00 feet.
The land adjacent to the south boundary of this
subdivision should be shown as "Niday's Addition."
SHEET NO. 2: No revisions are necessary.
A statement of compliance needs to be submitted stating this
plat conforms to the approved preliminary plat; that it meets all
requirements and provisions of the ordinance; that it conforms to
acceptable engineering and surveying practices and standards.
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1 of 2
MERIDIAN CITY COUNCIL
OCTOBER 20, 1992
PAGE 3
Merkle: Yes.
0
Giesler: We're getting a lot of subdivisions that seem to be
going over our requirement on that. Why can't these things be
designed so we don't have to see this in every other plat that
comes in front of us.
Merkle: Explained loss of frontage. Gave explanation (see tape)
Tolsma: This letter you got from the attorney. Does this mean ------
that your your going to put the access in for Mr. Fuentes and then
when that access is put in then his access road he has now will
be closed.
Merkle: Yes that existing road will be.closed.
Yerrington; Have you seen the City Engineer's comments?
Merkle: Yes and we are complying with those.
The Motion was made by Corrie and seconded by Tolsma to have the
attorney prepare the Findings of Fact and Conclusions of law for
this request.
Motion Carried: All Yea.
ITEM #2: FINAL PLAT, PHASE I OF APPLEGATE SUBDIVISION:
Keith Loveless from Loveless Engineering here to answer any
questions you may have.
Giesler: Questioned if problem with Idaho Power had been
resolved.
Loveless: We are trying to resolve it but have not been able to
reach that person at Idaho Power yet. Our plans are to get the
irrigation done before the irrigation season starts in any
manner.
Tolsma: Gary, did they get the water and sewer line straightened
out between Pine and the other culdesac?
Eng. Smith: Yes.
0
MERIDIAN CITY COUNCIL.
OCTOBER 20, 1992
PAGE 4
The Motion was made by Tolsma and seconded by Yerrington to
approve Phase I of Applegate Subdivision:
Motion Carried: All Yea:
ITEM #3: COVENANTS ON APPLEGATE SUBDIVISION:
The Motion was made by Yerrington and seconded by Giesler to
approve the covenants conditioned upon meeting the City
Engineer's comments and review by City Attorney.
Motion Carried: All Yea:
ITEM #4: ORDINANCE #588: ORDINANCE ANNEXING & ZONING HARMON
PROPERTY ON TEN MILE ROAD: PARKWOOD MEADOWS SUBDIVISION:
FORMERLY FIELDSTREAM:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND
ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF
LAND LYING IN A PORTION OF THE SW 1/4 OF THE NW 1/4 OF SECTION 2,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY,
IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who
wishes Ordinance #588 read in its entirety? No response.
The Motion was made by Giesler and seconded by Yerrington that
the rules and provisions of 50-902 and all rules and provisions
requiring that Ordinances be read on three different days be
dispensed with and that Ordinance #588 be passed and approved.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Tolsma - Yea;.
Motion Carried: All Yea:
ITEM #5: FINDINGS OF FACT ON VARIANCE OF CULDESAC LENGTH FOR
PARKWOOD MEADOWS SUBDIVISION: PRELIMINARY PLAT NEEDS APPROVED IF
VARIANCE APPROVED:
The Motion was made by Giesler and seconded by Corrie to approve
the Findings of Fact and Conclusions of Law as written.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Tolsma - Yea;
Motion Carried: All Yea: