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1986 09-02/ , ~ ~ A G E N D A MERIDIAN CITY COUNCIL SEPTEMBER 2, 1986 ITEM: MINUTES OF THE PREVIOUS MEETING HELD ~AUGUST 18, 1986: ~~PROVED) l. AMENDED COVENANTS, THE LARE AT CHERRY LANE # 2: (APPROVED) 2. PUBLIC HEARING, 1986/87 FISCAL YEAR ~UDGET: 3. ORDINANCE # 467, ANNUAL APPROPRIATION ORDINANCE: (APPROVED) 4. ESCROW AGREEMENT ON EAGLE ROAD MALL SITE: ~EXTENDED UNTIL 9/15/86) 5. PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES:~TURN-OFF APPROVED) 6. APPROVE THE BILLS: (APPROVED) 7. DEPARTMENT REPORTS: • • MERIDIAN CITY COUNCIL SEPTEMBER 2, 1986 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler: Others Present: Kevin Robertson, Gary Smith, Kenny Bowers, Wayne Crookston, Bob Mitich, Miriam Barr, Bob Wherry, Keith Jacobs, Marv Gibbons: The Motion was made by Tolsma and seconded by Myers to approve the minutes of the previous meeting held August 18, 1986 as written: Motion Carried: All Yea: Item #1: Amended Covenants on The Lake at Cherry Lane #2: Mr. Keith Jacobs from Loveless Engineering was present to answer any questions from..the_Council. Mayor Kingsford explained that this covered the conditions that were set forth when the Variance from the Street Lighting Ordinance was granted. The Motion was made by Tolsma and seconded by Giesler to approve the amended covenants on the Lake at Cherry Lane Subdivision #2: Motion Carried: All Yea: Item #2: Public Hearing, 1986/87 Fiscal Year Budget: Magor Kingsford, the estimated revenues and expenditures for the Fiscal Year 1986/87 are $3,441,861.00 this includes the amount budgeted for the new City Hall project as well as a Secondary Clarifier for the Sewer Plant. I will now open the Public Hearing, is there anyone present who wishes to testify on the proposed budget? There was no response, the Public Hearing was closed. Any comments or questions from the Council? There were none. Item #3: Ordinance #467, Annual Appropriation Ordinance: Mayor Kingsford, An Ordinance making an appropriation of money ~or all the necessary expenses ~~.liabilities of the City of Meridian, Ada County, Idaho for the fiscal year commencing the first day of.October, 1986, and ending the thirtieth day of September, 1987, this Ordinance being known as the Annual Appropriation Bi11, and declaring an emergency, is there anyone in the audience who wishes Ordinance #467 read in its er~.tirety? There was no response. The Motion was made by Myers and seconded by Tolsma that the ruJ.es 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 Number 467 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: MERIDIAN CITY COUNCIL • • SEPTEMBER 2, ~.986 PAGE # 2 Item #4: Escrow Agreement on Eagle Mall Site: Marvin Gibbons who was representing the developers of this project was present to update the Council on this Item: Gibbons, we felt the ten days was sufficient to get the Escrow Agreement to the City but ran i~to... some mail problems, they were sent out last week, we had a backup copy that was sent out today and I would like to request a two day extension for delivery of the document. Mayor Kingsford, we could have a Special Meeting or at the discretion of the Council extend to the next meeting, you could authorize myself, the City Clerk & the City Attorney to review the documents and condition approval on that. Brewer, there is no time factor on their part:~ I understand, they are trying to meet our requirements, Mayor Kingsford, that is correct, we gave them until this meeting to have the material. The Motion was made by Brewer and seconded by Giesler to extend the grace period with the Mall at Eagle Road in getting the Escrow Agreement final- ized until the next meeting which will be September 15, 1986. Motion Carried: All Yea: Item #5: Pre-Termination Hearing: Water/Sewer/Trash Delinquencies: Mayor Kingsford, You have been informed in writing, if you ~hocz~~ to, you have the right to a pre-termination hearing l~ef.-o~~: the Mayor & Council, to appear in person to be judged on facts and defend the claim made by the City that your water, sewer and trash bill is delinquent. Xou may retain Counsel. Is there anyone present who wishes a hearing? There was no response. Due to their failure to pay their water bi17. or to present any valid reason why the bi11 has not been paid, their water sha11 be turned off on September 16, 1986. In order to have their water turned back on, there will be an additional fee of $10.00. They are hersby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, the water shall be shut off. The Motion was made by Tolsma and seconded by Myers to approve the turn- off list. Motion Carried: Al1 Yea: Mayor Kingsford, the amount of the delinquencies amounts to $8,583.60: Item #6: Approve the Bills: The Motion was made by Brewer and seconded by Giesler to approve payment of the bills: Motion Carried: Al1 Yea: MERIDIAN CITY COUNCIL i ~ SEPTEMBER 2, 1986 PAGE # 3 Item 7:Department Reports: Gary Smith, City Engineer, Earl Ward has received a letter from the Department of Health & Welfare which Councilman Myers has and maybe he would like to read this correspondence. Council Myers, this is addressed to Mr. Ward at the Sewer Plant, It gives me great pleasure to advise you that our state review committee has select- ed the City of Meridian as the winner of the State Operations and Mainten- ance Excellence Award and nominee for the EPA Region X award. This honor is in recos~nition of the high level of commitment by the City of Meridian to protect the quality of Idaho's environment. I am also pleased to advise you that the Meridian entry has been selected for the EPA Region X award and has been forwarded to EPA Headquarters for the national award compe- tition. The Region X award will be presented at the PNPCA Annual Meeting on November 3, 1986 in Portland. We will advise you as soon as we hear the results of the national competition. With regard to the State award I would like to make arrangements with you for a formal presentation to the City Council. Also, I would like to cz~ordi~a:~ a press release ann- ouncing the award, We are planning for Dr. Lee Stokes, Division of Environment Adminstrator, to present the award. Mr. Ward was congradulated by the Mayor & Council and the audience for this award. There was discussion on when the light at Cherry Lane & Meridian Street was going to be activated. The City Engineer wi11 check on this. Being no further business to come before the Council the Motion was made by Myers and seconded by Giesler to adjourn at 7:45 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDING) APPROVED: ~ G T KINGSFO , R T: ack~i-~ma`hn,jCity C Mayor ~ Council P&Z G6mmission Atty, Eng, Fire, Police, Ward, Stuart Mitich, Keibert, Hallett Valley News, Statesman ACHD, NIMD, CDH,ACC, ACZ Mail (2) File (3) • • f ,, • e • • r ;e DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING T8E LARE AT CHERRY LANE NO. 2 WHEREAS. KENT G. BARNEY and MARY R. BARNEY, husband and wife hereinafter referred to as 'Declarant', are the owners of certain real property situated in the City of Meridian, State of Idaho, known as The Lake at Cherry Lane No. 2, and WHEREAS, The Lake at Cherry Lane No. 2 is a duly recorded plat; and WHEREAS, the Declarant desires to declare of public record certain protective covenants, conditions and restrictions upon the ownership of real property: NOW, TSEREFORE, in consideration of the foregoing, the Declarant does hereby declare that the following protective covenants, conditions and restrictions: 1. Shall become and are hereby made a part of all conveyances of Block 1, Lots 1 through 11; Block 2, Lots 10 through 15; Block 3, Lots 5 through 10; of The Lake at Cherry Lane No. 2, recorded on the day of , 19 , in Book of Plats at Page (s) of the Records of Ada County Recorder, Ada County, State of Idaho; and 2. Shall by reference become a part of any such conveyances of whatever kind and shall apply thereto as fully and with the same effect as if set forth in full therein. ARTICLE 1 DEFINITIONS 1.01 'Declarant' shall mean Kent G. Barney and Mary R. Barney, husband and wife, their successors and assigns. 1.02 'Owner' shall mean the owner of record, whether one or more persons or entities, of a fee simple title to any lot, or multiple family dwelling unit, which is a part of The Lake at Ctierry Lane No. 2, including contract sellers. 1.03 'The Lake at Cherry Lane No. 2' shall mean all real property now and hereafter contained in the plats of The Lake at Cherry Lane No. 2. 1.04 'Lot' shall mean plats of land designated for residential use within The Lake at Cherry' Lane No. 2 and identified on the plats thereof by Arabic numerals. • • 1.05 'Golf Course' shall mean all real property now and hereafter contained in the Cherry Lane Village golf course. 1.06 'These covenants' shall mean the Protective Covenants, Conditions and Restrictions as set forth in this Declaration with respect to The Lake at Cherry Lane No. 2, together with the Architectural Control Committee rules as set forth in Article IV hereof, as the same may be amended and supplemented from time to time in accordance with the provisions of this Declaration. ARTICLE II PROPERTY SUBJECT TO THESE COVENANTS 2.01 INITIAL DEVELOPMENT. Declarant hereby declares that all of the real property described above is held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to these covenants. The above property together with other real property from time to time annexed thereto and made subject to these covenants shall constitute The Lake at Cherry Lane No. 2. 2.02 ANNEXATION OF SUBSEQUENT PHASES OF THE LAKE AT CHERRY LANE N0. 2. Declarant may from time to time annex to The Lake at Cherry Lane No. 2 any adjacent real propety now or hereafter acquired by it. The annexation of such additional phases of The Lake at Cherry Lane No. 2 shall be accomplished as follows: A. The Declarant shall record a declaration which shall be executed by Declarant, and shall, among other things, describe the real property to be annexed, establish any additional or different limitations, restrictions, covenants and/or conditions which are intended to be applicable to such property, and declare that such property is held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to these covenants. B. The property included by any such annexation shall thereby become a part of these Covenants. C. 1Votwithstanding any provision apparently to the contrary, a declaration with respect to any annexed area may: ~ 1. Establish new land classifications and such limitations, restrictions, covenants and conditions with respect thereto as Declarant may deem to be appropriate for the development of the annexed property; and 2. With respect to existing land classifications, , ~ • establish such additional or different limitations, restrictions, covenants and conditions with respect thereto as Declarant may deem to be appropriate for the development of such annexed property. ARTICLE III RESIDENTIAL COVENANTS 3.01 LAND USE AND BUILDING TYPE. All lots except Lot 5, Block 1 and Lot 13, Block 2, shall be used for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two and one-half (2-1/2) stories in height, and a private garage for not less than two cars. The foregoing provisions shall not exclude construction of a private greenhouse, storage unit, private swimming pool or a shelter or port for the protection of such swimming pool, or the storage of a boat and/or camping trailer kept for personal use, provided that the location of such structure is in conformity with the applicable municipal regulations, and is compatible in design and decoration with the residence constructed on such lot, and has been approved by the Architectural Control Committee. The provisions of this section shall not be deemed to prohibit the right of any homebuilder to construct residences on any lot, to store construction materials and equipment on said lots in the normal course of construction and to use any single family residences as a sales office or model home for the purposes of sales in The Lake at Cherry Lane No. 2. 3.02 DWELLING SIZE. The ground floor area of a one story dwelling constructed on Lots 4, 6, 7, 10 and 11, Block 1 and Lot 6, Block 3, exclusive of open porches and garage shall be not less than 1,300 square feet. The ground floor area of a one story dwelling constructed on Lots 2, 3, 8, and 9, Block 1; Lots 11. 12 and 14, Block 2; and Lots 5, 8, and 9, Block 3, exclusive of open porches and garage shall be not less than 1,200 square feet. The ground floor area of a one story dwelling constructed on Lot 1, Block 1; Lots 10 and 15, Block 2; and Lots 7 and 10, Block 3, exclusive of open porches and garage shall be not less than 1,100 square feet. In the case of a two story dwelling constructed on Lots 4, 6, 7, 10 and 11, Block 1; and Lot 6, Block 3, the lower or ground floor level shall be not less than 1,000 square feet. In the case of a two story dwelling constructed on Lots 2, 3, 8 and 9, Block 1; Lots 11, 12 and.14, Block 2; and Lots 5, 8 and 9, Block 3, the lower or ground floor level shall be not less than 925 square feet. In the case of a two story dwelling constructed on Lot 1, Block 1; Lots 10 and 15, Block 2; and Lots 7 and 10, Block 3, the lower or ground floor level shall be not less than 850 square feet. ~ , • • In the event of a multi-level dwelling constructed on Lots 4, 6, 7, 10 and 11, Block 1; and Lot 6, Block 3, the area of the one story portion and the area of the upper level of the two story portion shall constitute a minimum of 1,300 square feet. In the event of a multi-level dwelling constructed on Lots 2, 3, 8 and 9, Block 1; Lots 11, 12 and 14, Block 2; and Lots 5, 8 and 9, Block 3, the area of the one story portion and the area of the upper level of the two story portion shall constitute a minimum of 1,200 square feet. In the event of a multi-level dwelling constructed on Lot 1, Block 1; Lots 10 and 15, Block 2; and Lots 7 and 10, Block 3, the area of the one story portion shall constitute a minimum of 1,100 square feet. • A split entry or split foyer type home and a daylight basement home constructed on Lots 4, 6, 7, 10 and 11, Block 1; and Lot 6, Block 3, shall have a main floor area of not less than 1,000 square feet. A split entry or split foyer type home and a daylight basement home constructed on Lots 2, 3, 8 and 9, Block 1; Lots 11, 12 and 14, Block 2; and Lots 5, 8 and 9, Block 3, shall have a main floor area of not less than 925 square feet. A split entry or split foyer type home and a daylight basement home constructed on Lot 1, Block 1; Lots 10 and 15, Block 2; and Lots 7 and 10, Block 3, shall have a main floor area of not less than 850 square feet. 3.03 BUILDING SETBACKS. No building shall be located on any lot nearer than twenty-five (25) feet to the front lot line; nearer than twenty-five (25) feet to the rear lot line; or nearer than five (5) feet to a side lot line. On corner lots the side yard shall be a minimum of twenty-five (25) feet on the side abutting the street. Such building setbacks shall be in effect with the exception of the following: A. All odd numbered lots as designated on the plat in Arabic numerals, and with the exception of odd numbered cornered lots, shall have a front setback of at least thirty (30) feet unless specifically waived in writing by the Architectural Control Committee. All odd numbered corner lots shall have setback restrictions as set forth in Section 3.03 above. B. For the purposes of setback determinations, all lots which are bordered on one side by a public street and on an adjacent side by a cul-de-sac shall be considered corner lots. C. All lots which have a common lot line with the golf course shall consider such side as the rear yard and therefore no structure shall be located within a thirty (30) foot rear yard setback of such lot line, unless specifically waived in writing by the Architectural Control Committee. The Architectural Control Committee,-upon application, may in its descretion waive any violation of this subsection which it finds to have been in advertent, provided the same would not constitute a violation of local governmental ordinances. . • • 3.04 EASEMENTS. Easements for installations and maintenance of utilities and drainage, and irrigation facilities are reserved, as shown on the recorded plat. Within these easements, no structure, fence, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and/or maintenance of such utilities, or which may change the direction of flow of water through a drainage channel in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Easements to permit access for the standard play of golf during regular daylight hours on the golf course adjacent to the lots which are subject to these restrictions are hereby granted and established. These acts shall include, but not be limited to, the recovery of golf balls from such lots, the flight of golf balls over and upon such lots, the usual and conunon noise level created by the playing of the game of golf, together with all the other common and usual activity associated with the game of golf. 3.05 TEMPORARY STRUCTURES. No structure of a temporary nature, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporary or permanent. 3.06 IRRIGATION. In accordance with the provisions of Idaho Code, Section 31-3805, the Declarant assumes no responsibility for providing water for irrigation purposes other than through the domestic system, and the purchaser acknowledges the following: A. That irrigation water deliveries have not been provided by the Declarant; B. That the purchaser of the lot must remain subject to all assessments levied by the irrigation entity; C. That the purchaser shall be responsible to pay such legal assessments; D. That the assessments are a lien on the land within the purview of the irrigation entity and as provided for by law; and E. That the Declarant is not now, nor will it be in the future, responsible for the maintenance of any existing or future irrigations systems, canals, or pipe, either running through The Lake at Cherry Lane No. 2 or any individual lot. 3.07 FENCES. No fence shall exceed six (6) feet in height from the finished lot grade. In no event shall side yard fences project beyond the front walls of any dwelling or garage. • • Chain-link fences are hereby prohibited on any residential lot, except where required by the Declarant or any public agency in order to secure utili~ty sites, irrigation or drainage facilities or other public use as deemed necessary. Hedges or other solid screen planting may be used as lot line barriers subject to the same height restrictions as fences, provided, however that no such fence or hedge shall be permitted along the front of a lot or dwelling structure. Both fences and hedges located on the lot lines in common with the golf course shall include a gate for means of access to and from the golf course and shall be erected directly on the lot line, and all fencing shall be of a grape-stake design and construction. No fence or hedge intersecting a lot line which is in common with the golf course shall exceed six (6) feet in height. 3.08 OFFENSIVE ACTIVITY. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be, or may become an annoyance or a nuisance to the neighborhood. 3.09 BOSINESS AND COMMERCIAL USES. No trade, craft, business, profession, commercial or simiiar activity of any kind shall be conducted on any lot, nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or stored on any lot, excepting the right of any homebuilder and the Declarant to construct residences on any lot, to store construction materials and equipment on said lots and the normal course of said construction, provided, however, that nothing in these covenants shall prevent the declarant, or any assignee, from the construction of and the normal business conduct connected with a clubhouse, professional golf shop, country club, and/or related facilities, as a part of the golf course. 3.10 SIGNS. No sign of any kind shall be displayed to the public view on any lot or improvement, except one professional sign of not more than six (6) square feet advertising the property for sale. This restriction shall not prohibit the temporary placement of political signs on any lot by the owner, or placement of a professional sign by the Declarant, which must comply with the local sign ordinances. This restriction does not apply to signs used by the builders during the construction and sales. 3.11 PARKING. Parking of boats, trailers, motorcycles, trucks, truck-campers and like equipment shall not be allowed on any part of any lot or on public ways adjacent thereto excepting only within the confines of an enclosed garage, storage port, or behind a.screening fence or shrubbery which shall in no event project beyond the front walls of any dwelling or garage. 3.12 ANIMALS. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pets may be kept provided that they are . , , • ~ • not kept, bred or maintained for any commercial purposes. 3.13 TRASH OR RUBBISH. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers and out of public view. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. 3.14 CONSTRUCTION COMPLETION. Construction of any dwelling shall be completed including exterior decoration within eight (8) months from the date of the start of such construction. All lots shall, prior to t•he construction of improvements thereon, be kept in a neat and orderly condition and free of brush, vines, weeds, debris, and the grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. 3.15 LANDSCAPE COMPLETION. Al1 landscaping must be completed within ninety (90) days from the date of occupancy of the residence constructed thereon. However, all lots abutting the golf course must be sodded and such sodding must be completed within forty-five (45) days of the completion of the residence, unless otherwise approved in writing by the Architectural Control Committee. In the event of undue hardship due to weather conditions, this provision may be extended ior a reasonable length of time upon written approval of the Archi~ectural Control Committee. 3.16 ANTENNAS AND SERVICE FACILITIES. Exterior antennas shall not be permitted to be placed upon the roof of any structure on any lot so as to be visible from the street in front of said lot. Clothes lines and other facilities shall be screened so as not to be viewed from the street. 3.17 1'REES. Each builder, or property owner within forty-five (45) days from the date of final yard grading of the residence, shall plant at least two 1-1/2 inch caliper, five gallon ornamental trees adjacent to the street right-of-way in the front yard. In the case of corner lots such trees shall be planted so that each side fronting on a street contains at least one tree. Such trees shall be placed in a manner equidistance from each other and from the adjacent lot lines, unless otherwise approved in writing by the Architectural Control Committee. 3.18 WATER SUPPLY. No individual water supply system shall be permitted on any residential lot. 3.19 EXTERIOR FINISH. The exterior of all construction on any lot shall be designed, built, and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping within The Lake at Cherry Lane No. 2. Exterior colors shall be of the flat, non-gloss type and shall be limited to subdued tones. Exterior colors must be approved by the Architectural Control Committee in accordance with the provisions • • of this Article. Exterior trim, fences, doors, railings, decks, eaves, gutters, and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. 3.20 ROOFING. Only shake or tile roofing shall be used on any structure constructed on a lot unless approved otherwise in writing, by the Architectural Control Committee beforehand. 3.21 YARD LIGHTS. Upon completion of a residential structure a yard light shall be installed in a location not more than seven (7) feet from the inside of the sidewalk, and adjacent to, the driveway of such premises. Yard lights shall be photo electric cell (General Electric TC100, Catalog No. C721/N500) 70 watt high pressure sodium luminaire or equivalent model approved by the Architectural Control Committee, of a standard six (6) foot height, and shall be shown on all plans for construction of each particular structure. Lot owners shall be required to immediately replace burned-out light bulbs and any defective equipment in or pertaining to the yard light which causes the yard light not to function during night hours. 3.22 STREET LIGHTS. Street lights shall not be per- mitted, however, in the event that lot owners of THE LARE AT CHERRY LANE N0. 2 desire to have street lights installed within this suvdivision that the cost thereof shall be the responsibility of the lot owners and that each lot would be assessed for its proportional cost of installing street lights if the majority of lot owners so elect. ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE 4.01 MEMBERSHIP: APPOINTMENT AND REMOVAL. The Architectural Control Committee, hereinafter referred to as the Committee, shall consist of as many persons, not less than three, as the Declarant may from time to time appoint. Declarant may remove any member of the Committee from office at any time, and may appoint new or additional members at any time. Declarant shall keep on file at its principal office a list of names and addresses of inembers o€ the Committee. The powers and duties of such Committee shall cease in one year, or prior at Declarant's sole descretion, after completion of construction of all the single family dwellings, and the sale of said dwellings to the intital owner/occupant on all of the building sites within The Lake at Cherry Lane No. 2 and properties subsequently annexed there.to. ~ 4.02 PROCEDURES. In the event the Committee fails to approve or disapprove witlzin 30 days after plans and specifications have been submitted to it, or in any event, if not suit to enjoin the construction has been commenced prior to the • • completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 4.03 ACTION. Except as otherwise provided herein, any two members of the Architectural Control Committee shall have power to act on behalf of the Committee, without the necessity of meeting and without the necessity of consulting the remaining members of the Committee. The Committee may render its decision only by written instrument setting forth the action taken by the members consenting thereto. 4.04 APPROVAL OF PLANS BY ARCHITECTURAL CONTROL COMMITTEE. No building or structure, including .swimming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications, and a plan showing the nature, shape, height, materials, colors, together with detailed plans showing the proposed location of the same on the particular building site have been submitted to and approved in writing by the Committee. All plans and specifications for approval by the Committee must be submitted at least twenty (20) days prior to the proposed construction starting date. 4.05 NONWAIVER. Consent by the Committee to any matter proposed to it and within its jurisdiction under these covenants shall be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. 4.06 LIABILITY. Neither the Committee nor any member thereof shall be liable to any owner, occupant, builder or Declarant for any damage, loss of prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. ARTICLE V CENTRAL PROVISIONS 5.01 TERM. These covenants shall run with the land with resect to all property within The Lake at Cherry Lane No. 2 and any subsequently annexed properties and shall be binding on all parties and all persons claiming under them until amended or evoked in the manner provided in Section 5.08. 5.02 SEVERABILITY. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. In the event the provisions of these covenants are declared void by a court by reason of the period of time hereinstated for which the same shall be effective, then in that event such terms shall be reduced to a period of time which shall n~t violate the rule . , , • • • against suspension of alienation as set forth in the laws of the State of Idaho. 5.03 STANDING. Should any person violate or attempt to violate any of the provisions of these covenants, the declarant, or any other person or persons owning any real property embraced within the plat, at its or their option, shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the said covenants, either to prevent the doing of such or to recover damages sustained by reason of such violation. Should the Declarant employ council to enforce any of these covenants, conditions or restrictions, by reason of such violation, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots and the declarant shall have a lien upon such lot or lots to secure payment of all such accounts. 5.04 EFFECT OF BREACH. The breach of any of these covenants, conditions, or restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or portions of lots in such premises, but these covenants, conditions, reservations, and restrictions shall be binding upon the effective against any such mortgagee or trustee or owner thereof, whose title thereto or whose title is or was acquired by foreclosure, trustee's sale, or otherwise. 5.05 DELAY. No delay or omission on the part of the Declarant or the owners of other lots in the properties in exercising any rights, power, or remedy hereinprovided, in the event of any breach of the covenants, conditions, or restrictions hereincontained, shall be construed as a waiver thereof or acquiescence therein, and no right of action shall accrue or shall any action be brought or maintained by anyone whatsoever against the Declarant for or on account of the failure to bring any action on account of any breach of these covenants, conditions, or restrictions, or for imposing restrictions herein which may be unenforcable by the Declarant. 5.06 EXTENT OF REMEDIES. These covenants, conditions and restrictions, are cumulative, and all remedies provided herein for breach are in addition to any rising remedies provided by local or state laws, and not in lieu thereof. 5.07 APPROVALS. Approval by a city or county governing board, vested with the responsibility of reviewing planning and zoning having jurisdictions over this subdivision, of an application made by the Declarant which is in confl'ict with any covenants, conditions or restrictions of these Covenants shall in no way aff~ct or invalidate these Covenants, but these Covenants shall remain in full force and effect, and subject to enforcement and remedies for violation hereof, subject to the right of the Declarant to change the land use designation as provided in .• • Article II herein. • 5.08 AMENDMENT AND REPEAL. These Covenants or any provision thereo , as from time to time in effect with respect to all or any part of The Lake at Cherry Lane No. 2 may be amended or repealed only by duly recording an instrument which contains an agreement providing for terminations of revocation or amendment which is signed by the Owners of not less than seventy-five percent (75$) of the Lots. . ~~ . • • • IN WITNESS WHEREOF, we have set our hands this day oF _ ~ 19 • By By STATE OF IDAHO) s.s. County of Ada ) On this day of . 19 , before me, a Notary Pub ic in and for the State of Idaho, personally appeared Kent G. Barney and Mary R. Barney, known to me to be the persons whose names are subscribed to the foregoing instrument, and achnowledged to me that they executed the same. Notary Public for ldaho Residing at Boise, Idaho My bond expires: • ^~' , ' • L HOME OWNERS • ~~~~ • ~ ~~~~~ ~~ ~~~~ ~ ~~~~~~~~~~ ~~ ~~d~~~~ ~S~ ~ tl~ ~G~~t11~1G August 18,1986 Mr. Eart Ward, Plant Superintendent City of Meridian 728 Meridian Street Meridian, Idaho 83642 ~ DIVISION OF ENVIRONMENT 8LUhOl~p BoF~, ld~ho 837Z0 Re• EPA Operations & Maintenance Excellence Award Dear Mr. Ward: It gives me great pleasure to advise you that our state review committee has selected the City of Meridian as the winner of the State Operations and Maintenance Excellence Award and nominee for the EPA Region X award. This honor is in recognition of the high level of commitment by the City of Meridian to protect the quality of Idaho's environment. I am also pleased to advise you that the Meridian entry has been seleted for the EPA Region X award and has been forwarded to EPA Headquarters for the national award competition. The Region X award will be presented at the PNPCA Annual Meeting on November 3,1986 in Portland. We will advise you as soon as we hear the results of the nationai competition. With regard to the State award, I would like to make arrangements with you for a formai presentation to the City Council. Also, I would like to coordinate a press release announcing the award. We are planning for Dr. Lee Stokes, Division of Environment Administrator, to present the award. Please advise me of at least two alternative dates during the next two months when the award can be presented. You may call me at 334-5855. Sincerely, n .. ~ ~'-~•-~~-~'~ 'f~ ''~~'f"~.... ~. -.-~ Robert L. Braun, P.E.. Manager Municipal Facilities Construction RLB/ph cc: Mike Smith, IDHW-DOE Craig Shepard, IDHW-DOE EQUAL OPPORTUNITY EMPLOYEB . • ~ ~~ , ; -~ r .-r~ c:~ - ~~' . ~~- _ ~ ~ (~~ ~a ao ~~.~ ~ ~ 1~ ~a ~~ ~~ ~ ~ ~. / 6 ~O jd a S~~ ~ ~ G~ q~~ ~S~ /~` ~7 ~L/ ~a~o ~ ~~,~ ~rj~„~?~ ~ ~ ~ o 70S~~c,~. l~" ~-~! 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BE IT ORDAINED BY THE MAYOR A~JD CITY COUNCIL OF THE CITY OF MERIDIAPd, ADA COUNTY, IDAHO: Section 1. That the followa.ng is a statement of the proposed revenues of the City of Meridian, Ada County, Idaho, from all sources for the fiscal year commencing October 1, 1986, and ending September 30, 1987, to wit: Payment for Services----~--~~--~R---------------~ Franchise Payments--~-~--~--~---~-~-------_____ Permits & Licenses-~_~-,-~~R~~-~~--~~~~~-~______ Court Revenue-__________.._...,.,..~~~_.~_r.,_^~_____ State Revenue Sharing--------,---~------------ Federal Revenue Shari ng Fund--~~--~-~--~-----~---- Taxes & Penalties------~~-__,..,___„_~__________ State Sales Tax------~--~~~~~-~~-~-~--~----______ Sundry Souxces---------------.,_______--------- Enterprise, bJater & Sewer--------------------- Liquor Apportionment-------------------------- Transfer From Bld, Fund----------------------- TOTAL REVENUE 226,930.00 41,500.00 76,40A.00 32,000.00 101, 000 . Of~ 55,000.00 440,881.00 ~8s~~~.o~ 33,150.00 1,895,500.00 21,500.00 500,000.00 3,441,861.00 Section 2. ~That the following sums of money, or so much thereof as may be necessary, are hereby appropriated out of any money in the City Treasury of the City of Meridian, Ada County, Idaho, not otherwise appropriated, for the purpose of defraying any and all necessary expenses and lia6ilities for the said City of P~eridian, to be incurred for the general..municipal purposes for the fiscal year commencing the lst day of October, 1986 and ending the 30th day of September 1987, said purpose being as follows, to wit: Legislative------------------~---------------- Executive------------------------------------ Administrative------------------------------- Office Equipment----------------------------- Health f~ Accident, All Fund~----------------- Public Employees Retirement, All Funds------- Supplemental Accident, All Funds------------- Election ~ Misc~llaneous--------------------- Social Security, All Funds------------------- Federal Unemployment------------------------- Legal Fees, Including Pass Thru-------------- ather General Salaries----=------------------ Other General Government---^----------------- Printing------------------------------------- General Government Buildings----------------- Police Administrata~e----~------------------- Police Patrolmen----------------------------- 9,600.00 8,400.00 25,980.00 2,000.00 71,100.00 h4,740.00 32,500,00 2.500.00 52,330.00 4,000.00 32 , 000. 00 53,400. 00 24,450.00 2,500.00 8,000.00 41,555.00 198,930.00 ~ . ~ Police Office--------------------------------- Police False Arrest--------------------------- Police Investigator--------------------------- Police Building & Structure------------------- Police Communications------------------------- Police Training & Reserves-------------------- Police School Patrol-------------------------- Police Legal fees----------------------------- Animal Shelter & Control---------------------- Fire Control---------------------------------- Fire, QRU------------------------------------- Building Inspections-------------------------- Electrical Inspections------------------------ Street Lighting------------------------------- Engineering, All Funds------------------------ Recreation, Playgrounds----------------------- Recreation, Programs-------------------------- Insurance, All Funds-------------------------- 4later Administration-------------------------- Sewer Administration-------------------------- Water Pumping--------------------------------- Sewer Lift & Pumping-------------------------- Water Treatment & Expense--------------------- Sewer Treatment Plant------------------------- ~later Customer Accounts----------------------- Sewer Customer Accounts----------------------- Bond Redemption------------------------------- Capital Outlay-------------------------------- Revenue Not Available for Operations l~ater & Sewer Hookup Fees--------------------- Contract Sanitary Service--------------------- Capital Outlay - City Hall-------------------- Sewer Plant Expansion- Secondary Clarifier---- TOTAL EXPENDITURES • 5,800.00 20,0OO.OQ 24,993.00 9~000.00 4~750.00 8.250.00 24,543.00 35~000.00 18,410.00 87,900.Q0 18;111 :f10~ 24,150.A0 6,500.00 36,Q00.00 7,f100.00 30,700.00 26,500.00 59~566.00 106,000.00 155,750.00 40,000.00 6~500.00 228~150.00 326~860.00 28,400.00 31,100.00 149,890.00 90,053.00 113,OOQ.00 270~000.00 500,000.00 315~Q00.00 3,441 ,861.00 Section 3. The amount of money derived from funds or sources created by law for the specified purposes in this Ordinance Provided is hereby appropriated for such purpose and no other. Section 4. The City Clerk of the City of Meridian is hereby authorized, upon presentation of proper vouchers approved by the P9ayor and City Council of the City of Meridian as provided by law, to draw his warrant on the funds above stated and against the app- ropriation as made in the preceeding sections of this Ordinance, in favor of the parties entitled thereto. Section 5. That this Ordinance be~ and the same is hereby designated as "THE ANNUAL APPROPRIATION BILL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, FOR THE FISCAL YEAR OF 1986-1987." Section 6. bJHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and public- ation as required by law. r . . , • \J PASSEO by the City Council a~d approved by the Mayo~ of the City of Meridian, Ada County, Idaho, this 2nd day of September 1986. 'APPROVE~: R!T P. KINGSF ~ P YO ATTEST: pc: Ada County Secretary AIC State Tax Ada County File Auditor/Recorder of State Commission Tax Collector