1986 09-02/ ,
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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:
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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:
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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)
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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.
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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,
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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. ~
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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.
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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.
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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
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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
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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
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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
. •
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• ORDIPlANCE N0. 467 •
AN ORDIPdANCE MAKING AN APPROPRIATIOPd OF P•90NEY FOR ALL THE NECESSARY
EXPENSES AND LIABILITIES OF TNE CITY OF MERIDIAPl, ADA COUNTY, IDAHO
FOR THE FISCAL YEAR COMMENCING THE FIRST DAY OF OCTOBER, 1986, AND
ENDIPdG THE THIRTIETH DAY OF SEPTEMBER,.,1987, THIS ORDINANCE BEING
KNOWN AS THE ANNUAL APPROPRIATION BILL, AND DECLARING AN EMERGENCY.
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