1986 07-07•
A G E N D A
MERIDIAN CITY COUNCIL
JULY 7, 1986
ITEM:
•
MINUTES OF THE PREVIOUS ME~TING HELD JUNE 16, 1986: (APPROVED)
1. PUBLIC HEARING: ANNEXATION & ZONING REQUEST BY STEVE & GLENN
MICHELS: (P,TTORNEY TO PREPARE FINDING5)
2. PRE-TERMINATION HEARING: WATER/SWER/TRASH DELINQUENCIES: (TURN-OFF
APPROVED)
3. APPROVE THE BILLS: (APPROVED)
4. ORDINANCE # 466: ANNEXATION & ZONING OF VAN AUCKER PROPERTY:(APPROVED)
5. DEPARTMENT REPORTS:
C~
•
MERIDIAN CITY COUNCIL JULY 7, 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: Roy Porter, Miriam Barr, Bob Wherry, Kenny Bowers,
Ray Mickelson, Steve Michels, Glenn Michels, Terry Smith, Marv Bodine,
Wayne Crookston, Dale Ownby, Jackie Davidson, Ronda Lowe; Bob Mitich:
The Motion was made by Tolsma and seconded by Myers to approve the
minutes of the previous meeting held June 16, 1986 as written:
Motion Carried: All Yea:
Item #1: Public Hearing, Annexation & Zoning Request by Steve & Glenn
Michels:
Mayor Kingsford, is there someone present to represent this request?
Ray Mickelson, 2519 Weaver Circle, Boise, Idaho. Mr Mickelson is a Land
Use Planning Consulant.
Mickelson, the Michels are requesting annexation and zoning to the City
of Meridian, this request has been heard by the Planning & Zoning Commission
and they recommended this be approved with the C-G Zoning contingent
upon the covenants of the Doris Subdivision allowing this Zoning.
Mickelson presented a map to show where this property that was in the
request by the Michels was located. I personally contacted__~he._property
owners in the Doris Subdivision and took the information along with the
map to show them exactly what was being proposed, the amended covenants
were explained to the owners which take a fifty percent majority to be
amended. We obtained the necessary signatures to amend the covenants.
We obtained 56% of the owners signatures on the amended covenants.
Of the 37 property owners,21 signed the amended covenants. This information
has been given to the City Attorney to verify that the owners of record
did sign and that we did have th~ required amount of signatures. One
emphasis that was placed on the petition to amend the covenants was not
only to allow Lot #3 to be Commercial but to put conditions in the
covenants regarding this 1ot, there were three conditions includecl in
the amended covenants (1) no traffic ingress or egress sha11 be allowed
an to the interior street in Doris Subdivision (2) landscaping buffer~
area and/or fencing along adjoining lot lines when development occurs,
(3) a minimum setback of fifteen feet shall be observed for the location
of any building from all adjoining residential lot lines. Mickelson pre-
sented the Council a colored plat of Doris Subdivision that showed the
location of the property owners who had signed the amended covenants.
There is opposition from the property owner to the East and from the
property owner to the North and the property owner directly Northeast
from Lot #3, they did not sign for the amended covenants. The amended
covenants have been recorded with the Ada County Recorder's Office.
Many times covenants are in conflict with zoning regulations, at the
present time the County Zoning for poris Subdivision is R-8 which would
allow three to eight units per acres, the present covenants would only
allow one split of each lot which would not a11ow as high of density as
allowed under the Ada County Zoning Ordinance. The closest Meridian
MERIDIAN CITY COUNCIL • .
JiJLY 17 , 19 8 6
PAGE # 2
Zoning would be R-4 and that wouTd allow up to five dwelling units per
acre, or five splits of these lots, the covenants would only allow one
split of these lots., or two dwelling units per acre. As far as annex-
ation goes there i,s no opposition from the Police or Fire Department and
from the Public Works in terms of any problem to service this area.
The applicant does not have any development plans at the present time „
one thing with the three lots it would accomodate a large enough area
for a planned commercial development. It would be more suited than a
strip type development with a narrow lot. The three lots together would
be three acres which would be a good block of land. From a Zoning stand-
point there are three main thing that should be looked at (1) Public
Services, as I mentioned there is adequate service that can be provided
by the City of Meridian, (2) the surrounding land uses, there is commer-
cial development to the East and to the West, with the restictions im-
posed the Commercial is compatible in my judgement with the surrounding
land uses, (3) this is in agreement with the Comprehensive P1an, the three
acre site would be more suited than strip commercial. Mickelson explained
how this met the Comprehensive Plan, citing different pargraphs of the
Plan. In the Findings of Fact prepared for the Planning & Zoning
Commission they did cite different items as to why this property should
be considered for annexation & zoning and the critera met in this regards.
It has been brought to our attention that there are petitions and letters
in opposition to this request, on letter dated JuTy 3, 1986 signed by Terry
McCarthy , property owner to the East of Lot 3, it states in paragraph 2
on page 1 that the covenants~were written and approved by the City of
Meridian in 1959, they were not written or approved by the City of
Meridian, they are private covenants as drafted by the subdivider and
recorded wi~.Yiou~ any jurisdiction approval. There is reference to one
property owner attempting to refinance his property, that they would not
refinance because he was adjacent to commercial property, this property
was adjacent to commercial property when orginally financed when it was
purchased in 1982, there must be some other reasons involved that they
can not refinance. I do not concur with this statement and believe further
evidence should be shown if that is the case. In terms of the signatures,
there are twenty three signatures on this petition, they are not notorized
Signatures 1& 2 are not owners of record, signature 3 is not owner,
signature #12 is only ~ owner, signature #13 & 14 are not owners of record,
signature #17 is listed under Ralph Van Papegham as owner of record, there-
fore 6 of the 23 are not owners of record. Letter received from Willard
Fie].ds commented in opposition to the zoning, the main concern was in-
creased traffic in the neighborhood and that has been taken care of in
the amended covenants.We have a letter of support from Steven Gregory.
There is a letter from ERA City Realty signed by six realtors.saying that
by changing zoning it would make the sale of the residential property
more difficult and devaluing them. Mr. Michels contacted Terry Super
one of the signatures on this letter, asking him what his concern might
be and his statement was quote, maybe I should go out and look at the
property. In summary the Michel's have been very much up front that they
do not have a development plan but with annexation and zoning they would
have a block of land that would be better suited for development. They
have taken the precautions in the amended covenants to place restrict-
ions on the property. The people who signed for the amended covenants
were advised that there was opposition to the change of zoning. We hope
you will support the Planning & Zonings recommendation for the annexation
and zoning of C-G for all three lots.
CITY COUNCIL • •
JULY 7, 1986
PAGE # '~ 3
The City Attorney advised Mayor Kingsford that he felt Mr. Mickleson
should be sworn due to the contents of his testimony.
Mr. Mickleson was sworn by the City Attorney.
Mayor Kingsford, I will now open the Public Hearing, before we start the
testimony I will enter the written testimony into the record, this included
the letter received from ~-r_egory & Terry McCarthy, the Petition opposed to
this request containing 23 signatures, a copy of the amended, recorded
~ covenants,'letter received from Steven Gregory in favor of the request,
letter from Willard & Bertha Fields opposed to the request, letter from
ERA City Realty opposed to the request, letter from Ownby & Co.about proper
zoning on property.
Jackie Davidson, 5817 Eastwood Place, Boise, Idaho
Davidson was sworn by the City Attorney:
Davidson, I own the lot to the North, adjacent to Lot #3 of Doris Subdivision,
you can see there is a lot of opposition to this request, it will cause
an impact to the residents in the subdivision, I would like to comment on
the residents who were trying to refinance their home, it is a very well
kept up place, they have put in extra work upgrading their home and lot
which did not make any difference to their appaisal, they do have a lot
of problems with the commercial property on the south of their property,
the boat company, it is like the restriction #2 that you have to fence
or landscape , they put up a wire fence, which does not screen the property
I think that is the reason they were refused the refinancing. I have a few
questions I would like answered, have the Michels ever tried to sell the
property for residential, to my knowledge they have never listed the
property or tried to sell for residential property. Do they realize that
putting the commercial in a subdivision that was designed for large
building lots will reduce the value of the residential property and I
am wondering if they are willing to compensate us for the devaluation of
our property. The Michels knew when they purchased the property it was
residential, that the covenants said it was only residential and not
commercial.It seems to me if the Council is willing to approve this either
the Michels or the Council shouTd be willing to compensate us for the
devaluation of our property. I bought my property with the knowledge
that the lot next to it wouTd remain residential and the only thing that
could be built was another house.
Giesler, since this application has came before us, we have met with Mr.
Michels concerning the situation and the things the Planning & Zoning
had asked them to do they have handled very professionally. This part
in the letter about that.there is many individuals if they knew what
was happening they would be opposed to this request, if you would have
those people contact me, I will be happy to hear from them if what the
handwritten part on this letter is correct.
Marvin Bodine, 917 Camelia, Bodine was sworn by the City Attorney:
Bodine, I think if the residents wouTd stop and look at it they are
going to be that much closer to the City water & sewer system. This
would improve your fire protection as well as other items. One other
thing is the Commercial helps your taxes. I have looked at this p~oposal
MERIDIAN CITY COUNCIL • •
JULY 7, 1986
PAGE # 4
and it makes a nice package. It will make the residential property worth
more if this is approved.
Mayor Kingsford, anyone else present who wishes to give testimony? There
was no response. The Public Hearing was closed. Counselor, do you think
there has been sufficient new testimony to require new Findings?
City Attorney, yes, there has, the additional testimony will have to be
shown on the record.
Mayor Kingsford, the Council will need to instruct the Attorney to prepare
new Findings. It would be my recommendation that if the Council approves
this request that it be done conditionally, we have a lot of land already
annexed and zoned in the City Limits. This could be done conditionally
until the time the applicant has a development plan for the property.
Tolsma, Ms. Davidson, when the rezone request for the property to the
West of you came up, were you for or against that?
Davidson, I would rather have it residential. I did not get involved in
that request.
Tolsma, if the property had design so there was a barrier such as trees,
shurbs or six foot high wood fence wauld that make a difference?
Davidson, if that is what would happen.
Tolsma, the City would have control over this.
Davidson, the commercial along the front are supposed to do that but
they put up six foot high chain link fence which really does not screen
their property.
Brewer, I think this has b~en handled very professional by the applicants
and I think it would improve the area, I would rather live next to nice
fence or a nice designed burm or something on that order, that would be
part of the conditions that would be left in the annexation with the City,
control with the City to take place.
Myers, I agree on the conditional annexation because of the other property
we already have. I think growth is good as long as it is controlled and
if we put restrictions on this it is going to be done right or we are not
going to approve the development.
The Motion was made by Tolsma and seconded by Brewer to have the City
Attorney prepare Findings of Fact and Conclusions on the request for
annexation andzoning by Steve and Glenn Michels:
Motion Carried: All Yea:
Item #2: Pre-Termination Hearing Water/Sewer/ Trash Delinquencies:
Mayor Kingsford, You have been informed in writing, if you choose to, you
have the right to a pre-termination hearing before 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. You may retain
Counsel: Is there anyone in the audience who wishes a pre-termination
MERIDIAN CITY COUNCIL • •
JULY 7, 1986
PAGE # ~
hearing? There was no response. Due to their failure to pay their water
bill or present and valid reason why the bill has not been paid, their
water shall be turned off on July 15, 1986. In order to have their water
turned back on, there will be an additional fee of $10.00. They are here-
by informed that they may appeal or have the decision of the City review-
ed by the Fourth Judicial District Court, pursuant to Idaho Code, even
though they apx~eal, the water will be shut off.
The Motion was made by Brewer and seconded by Giesler to approve the
turn-off list.
Motion Carried: All Yea:
Item #3: Approve the Bills:
Amount of turn-off is $4614.85:
The Motion was made by Myers and seconded by Tolsma to approve the bills:
Motion Carried: All Yea:
Item #4: Ordinance #466:
Mayor Kingsford, An Ordinance annexing and zoning a part of the Southeast
Quarter, Section 18, Township 3 North, Range 1 East, Boise-Meridian, and
Lot 1, Block 1, Timothy Subdivision, Ada County, Idaho: and providing an
effective date. Is there anyone in the audience who wishes Ordinance #466
read in its entirety? There was no response.
The Motion was made by Brewer and seconded by Tolsma 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 #466
be passed and approved.
Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea:
Department Reports:
Mayor Kingsford, we have received a letter from the Chamber of Commerce
and representatives of the Chamber are here with comments to make to the
Council. Several times over the last two years we have been approached by
APA inviting us back into their organization. After several discussions
with residents of the City and comments they had heard, I thought it may
be in our best interest if we reevaluated our position on not being a
member. I asked the Chamber to send representatives to the meetings and
then make a report~to us. The representatives sent were Terry Smith and
Marv Bodine. They have prepared this letter and wi11 address the issue
at this time.
Smith, we have heen observers at the APA meetings , we started in March
and have been attending meeting since that time. I had some reservations
when I first started attending but since that time in my opinion the
presence of Meridian at these meeting has considerable value, not only
in receiving information but in providing information. It was a joint
recommendation between Mr. Bodine and myself that we made to the Chamber
Board whether they wanted to recommend that the City return to member-
ship in the APA. They have done this in the letter the Mayor & Council
has received from the Chamber President. They recommend that this be done
MERIDIAN CITY COUNCIL • •
JULY 7, 1986
PAGE # 6
on a year to year basis, weighting the benfits received.
Brewer, what is the benfits we will receive ?
Mayor Kingsford, in answer to your question,primarily now the APA is
just in the transportation area. I think it is considerablely diff-
erent unit than what we had four years ago, when they were in the
planning business. Primarily they are in the roads and transportation
and that what alarmed me when one of our P&Z members who works for the
transportation department advised we might ought to be represented
over there.
There was discussion on this item, it was the consensus of the Council
that they think about this item and make some kind of decision so the
expense can be included in the budget.
Brewer, commented on the Tolsma Racing Teams success in Portland.
Mayor Kingsford, we do have the agreement for the purchase of property
that the Council approved in an executive session, this is th~e last
parcel needed for the new City Hall location, the agreement spells out
the payments and conditions of the purchase from the Johnsons. The
Council needs to approve of the final price of $39,500.00 and authorize
the Mayor and City Clerk to execute this agreement.
The Motion was made by Myers and seconded by Tolsma to approve the
property purchase in the amount of $39,500.00 and authorize the Mayor
and City Clerk to execute the documents necessary to complete this
purchase.
Motion Carried: All Yea:
Mayor Kingsford, I need someone to attend a Ada County Planning meeting
on July 31, 1986, this is in regards to an Area of Impact change request
by Ada County. The first hearing will be on July 31, 1986 at 7:00 p.m.
in the Les Bois Room. Councilman Myers and Councilman Brewer were
appointed to att~~d these meetings.
Being no further business to come before the Council the Motion was
made by Myers and seconded by Giesler to adjourn at 8:45 p.m.:
Motion~Carried: Al1 Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APP D:
GRANT KITJGSFORD, MAYOR
5T:
a '"e'~iann, City Clerk
: Mayor Ct~uncil Police, Ward, Stuart
P& Z Commission Kiebert, Hallett
Atty, Eng, Fire, Valley News
Statesman, AC~, NIMD, CDH
ACC, ACZ,MitiC
Mail (2) File (3)
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TO THE MERIDIAN CITY COUNSEL
FROM GREGORY E. & TERRY T. MCCARTHY
1385 CAROL STREET, MERIDIAN, ID
IN RE: PiJBLIC HEARING ON GLEN & STEVE MICHELS APPLICATION
SCHEDULED FOR MONDAY, JULY 7, 1986.
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The property that is the subject of the public hearing is located at Lots
1, 2, and 3, Block 2 of Doris Subdivision, Meridian, ID.
Our home is located at Lot /+, Block 1 of Doris Subdivision. The west boundary
of our propertp is adjacent to the east boundary of Lot 3 of the subject
property. Our home was built in 1972 bq Ted Hepper.
The propertp immediatelp to the north of the subject property has a home on
it that was built in 1973.
Steve and Glen Michels Warranty Deed indicates that they purchased the subject
propertp in Ma.rch of 1974. (Attachment A)
The covenants of Doris Subdivision were written and approved by the City of
Meridian in 1959. They provided that lots adjacent to Highwap 30 (Fairview
Avenue) could be used as commercial lots and the rest of the lots were to be
single family residential lots not smaller than one half acre in size. In
1961 the covenants were amended, to sap that no lot.could be divided smaller
than one half of its original size. (Attachment B)
We have absolutelp no objection to the annexation and zoning application of
Mssrs. Michels as it relates to Lots 1 and 2.
It is our strong desire and request that Lot 3, if annexed, remain zoned R-~.
As yet the Michels have made no indication of what type of business thep or
their intended buyrers have in mind for the subject property.
Just recently an'individual who lives in one of the residences in Block 1
attempted to refinance his home, but was told that because his home was ad-
jacent to commercial propertp, the bank could not lend him the money he
sought. This tells us that if we have commercial property on two sides of
us, the south and west sides, we better not plan on making any attempts to
sell or refi.nance our home because the value will have dropped significantlp
from when we purchased it in 1982.
Please consider that Mssrs. Michels purchased the lots in question after Lot 3
had homes on two Qf its ad~acent properties. Thep knew that Lot 3 was a res-
idential"lot when theg purchased it. In the testimony at the Planning and
Zoning Meeting of May 12, 1986, Verl Roberts, a Real Estate Broker,speaking
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on behalf of Mssrs. Michels stated that the "propertp is joined on two sides
by commercial property now and to find someone to build on it now is going
to be verp difficult." The applicants see their alternative to be one which
we as homeowners in a nice middle to upper middle class subdivision find
offensive and detrimental to our property values and quality of life.
Neither Steve nor Glen Michels lives in Doris Subdivision so thep will not
feel any of the adverse effects of the commercialization of Lot 3.
The Meridian School District is in the process of building a new high school,
and ~re understand that plans are being considered for replacement of Meridian
Intermediate School. With these changes in the school system,.realtors will
be more willing to show potential buyers property in the School District.
It would seem highly likely that if Mssrs. Michels either built a business
on Lots 1 and 2 of their propertp that was not offensive to residential
life, oT sold Lats 1 and 2 to someone who would build such a business then
subsequently they could quifie:easi~ly find residential buyers for Lot 3.
Please consider how each of you would~be affected if one of the lots within
y • .. ~~ "- g Y to a commercial lot .: . „
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Gregory . McCarthp
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' ~r': WARRANTy DEED ~
For Vatu~ Re~~~ ylVr~ D~~NPORT~ and GRp,CE R. DAVE.ypORT, hu~
and wife
the granG-rS , do hereby Srdat, bar y
MARY E. iyICyELg ~~~. aell and cun~•e unto STEVE P. yIICHELS
MICHELS, husband husbend and wife, and CLENN E. MiCHELS and VI
Lane ~-a wife, as t~nants in comnon, Route ~2, par
. Nleridian, Idaho
the gr:,ntees ~ the folluwing descritx~ premie~, ~ Ada
County ld
Lots 1, 2 and 3 in Block 2 of Doris Subdivision,
accordinq to the plat thereof filed in Book 16 of
plats at page 1080, zecords of Ada County, idaho.
Tf- IIAVE ANI) TO 1(OLU the snid premises~ with their appurtenances unw the said (
their heira and aseigna forever. And the :,aid (;rantors du hereb~ coceaa
~~ ith the said Grantees , that the y ete the o~~•ner s in fee simple of aaid premisea~
~~~••n~i~r.;ue free frum,~ll incumbrancee and restrictions except for ~hose set
in the Title Insurance Corporations commitment for title insurance
»C':i0977 policy ~BA124010 schedule B, Section 2 thereof,
::'"~ t1i<<! ~~• y~-ill w•a~rant an~l def~nd the Rc~mr fiom ;~II lu~~•ful claims a•hut~oecer.
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~EaTRICTIVE AND PROTECTIVE COVENANTS
FOR DORIS SUBDIVISION
IN ADA COUNTY, STATE OF IDAHO.
Dated: August _, 1959
Recorded: September 11, 1959
Instrument No. 463012
KNOW ALL MEN BY THESE PRESENTS:
That I, the undersigned, am the owner and the holder of the title
in fee simple of all that certain real estate situated in Ada County, '
Idaho, particularly described as follows:
Commencing at the Southeast corner of the Southeast Quarter of
Section 6, Township 3 North of R.ange 1 East of the Boise Meridian
in Ada County, Idaho, thence running West 70 rods on south line
of 3ection 6; thence North $0 rods; thence East ~0 rods; thence
South $0 rods to the place of beginning, except that portion
thereof included in Deed recorded in Book 131 of Deed at page
56 of the records of Ada County, State of Idaho, and except
highway and road rights-of-way.
1. That all of the real property and all lots, parc~ls, and
portions of~said tract, and anp conveyance covering or described all
or any part thereof by description, shall be sub~ect to the follow-
ing restrictions, prot~ective covenants, and conditions; and that by
the acceptance of any conveyance of any property in said tra ~t the
grantee or grantees therein and their heirs, executors, administratbrs,
successors or assigns, covenant with the party hereto, his heirs
and assigns, and with the other grantees or subsequent owners of
property in said tract as to the property so described and conveyed
in or by such conveyances as follows:
g. All lots in said subdivision shall be known and desceibed
as residential lots, and said lote or any part thereof or any structure
placed ther.eon shall not be used for any commercial purpose but the
use of said lots shallbe limited solely to residential .purposes, ~
except that the portion of said tract fronting on U. S~ Highway 30
and 1$1 feet north thereof can be used for co~mercial purposes not
off ensive to residential living.
b. No buildings 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 stories in he~ght, and a private
garage for not more than three cara, and a shed to house not more than
three h~ad of livestock.
c. The ground floor area of the main structure exclusive
of one-story open pro~hes and garage~, shall not be ~ess than 1000
square feet, except that hcuses with bedrooms and other inhabitable
rooms in~a so called daylight basement may have no less than 1000
square feet on each upper floor.
d. No building shall be located on any lot nearer than 20 feet
to the front lot line, or nearer than 10 feet to any side line. No
building ~hall be located nearer than 10 feet to an interior lot line,
except that no side yard shall be required for a garage orother
permitted acceasory building located 10 feet or more from the minimum
building set-back line. No dwelling shall be located on any interior
lot nearer than 10 feet to the rear lot line. For the purpose of this
covenant, eaves steps, and open porches shall not be considered as a
part o£ the bui~ding, provided, however, that this shall not be con-
strued to permit any portion of a building on a lot to encroach upon
another lot. ;,
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~
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, 1
0
Page 2- Instrument No. k63012
e. No lot shall be resubdivided nor shall any dwelling be
erected or.placed on any lot having an area of les,~ than ~ acre.
f. Easements for installation and maintenance of utilities
and drainage facilities are reserved for location at any suitaole place
in said tract.
g. No noxious or offensive activity shall be carried on upon
any tract, nor shall anything be done thereon :a%-~ich may be or may
become an annoyance or nusiance to the neighborhood.
h. No structure of a temporary character, trailer, basement,
tent, shack, garage, barn, or other outbuilding shall be used on
any lot any time as :~ residence either te~~porarily or permanently,
except that ~a or~mers actual building residences can occupy terr~porary
living facilities for nqt more than one year.
i. No animals, livestock or ooultry or any kind shall be raised,
bred or kept on any tract, except that dogs, cats or other household
pets may be kept provided that they are not kept, bred, or maintained
for any comr.~ercial purpose, and except that not moPe than 3 head of
livestock may be kept so long as their keeping is not offensive to
other residents. ~
j. No tract shall be used or maintained as a dumving ground for
rubbish. Trash, garbage or other waste shall not be kept except in
sanitary containers. All incinerators or other equipment for the
stprage or di~sposal of such ~material shall be kept in a clean and
sanitary condition.
k. All sewa~e disposal systems shall be constructed in compliance
with the standards of the Department of Public Health, both State and
County. •
2. These covznants and restrictions are to run with the land and
shall be b'inding on all the Darties and all persons claiming under them
for a period of five years from the date of these covenants are recorded,
after wfiich time said covenants shall be a~tomatically extended for
successive periods of 10 years unZess an instrument signed by a ma~ority
of the then owners of the lots has been recorded, agreeing to change
said covenants in whole or in part.
3. If the parties hereto or any of t~ierr. or their heirs or assigns
or persons claiming under or through them or any other person, whether
such person be the owner of any property in said tract or not, shall
violate any of the covenants herein it shall be lawful for any other
person or persons owning any real property situated in said.Lract to
prosecute any proceedings at law or in eq~zity against the person or
Dersons violating or attempting to violate any such covenant and either
to prevent h;m or the~~ from so doing or t•o recover damages for such
violation.
4. Invalidation of any one of the:e covenants by judgment of court
order shall in no wi~e afrect any of the other provisions which shall
remain in full force and effect. •
John Arambarri
Acknowledged b;~ John Arambarri, a widower, before H. 0. Frost, N.P.
for ldaho, rasiding at Meridian, Ack. in Ada County, Idaho. (SEAL)
~' i~~1~~~t~ ~ - ~~
~
AMENDMENT AND
COVENANTS FOR
Dated March 7,
Recorded March
Instrument No.
~
~ ~o/I O ~~
• . .
MODIFICATION OF RESTRICTIVE AND PROTECTIVE
DORIS SUBDIVISION, IN ADA COUNTY, STATE OF IDAHO
1961
7, 1961 '
49$zz7
KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned, do hereby
certify and declare:
1. That we are collectively ~the owners in fee simpl of al~. that
certain real estate situated in Ada County, Idaho, part~cularly described
as follows, .to-wit:
Commencing at the 3outheast corner of the Southeast Quarter
of Section b, Township 3 North of Range 1 East of the Boise
Meridian, in Ada County, Idaho, thence running West 70 rods on
south line of Section 6; thence North $0 rods; thence East
70 rods; thence South $0 rods to the place~of beginning, except
that portion thereof include~d in Deed recorded in Book 131 of
Deeds at page 36 of the records of Ada County, 3tate of Idaho,
and except highway and,road rights-of-way.
2. That we have heretofore made, executed, adopted and filed for~
record in the office of the Ada County Recorder as of September 11,
1959 under Instrument No. 463012, restrictive and protective cove-
nants for said Doris Subdivision, to whi~h reference is hereby made.
3. That is is necessary that said restrictive and protective
covenants for poris Subdivision be amended and the same are hereby
amended and modified in the following respects:
a. Paragraph lb is hereby amended to read as follows:
~tNo buildings shall be erected, altered, placed o'r permitted to
remain on any lot other than one detached, single-family dwelling,
not to exceed two an~~ and one-half stories in height, and a private
garage for not more than three cars, and a shed to house not more than
three head of livestock, all to be constructed of new material.t~
b. Paragraph le is hereby amended to read as follows:
"No lot shall be resubdivided nor shall any dwelling be erected or
placed on any lot having an are~ of less than ,~ the size of the
present platted lots."
4. That that restrictive and protective covenants for poris Sub-
division here~nFefore referred to as modified and amended by this in-
strument are hereby reaffirmed and adopted as the protective and
restrictive covenants for said subdivision in accordance with all the
terms contained in said original covenants and this amendment and
modification thereof.
John Arambarri William S. Brown
John ~. Riddlemoser ~ Karen M. Brown
~ Mildred Riddlemoser John j~~. Crsason
Gail M. Creason
Acknowledged by John Arambarri, a widower, W. S. Brown and Karen M.
Brown, husband and wife, John C. Riddlemoser and Mildred Riddlemoser,
husband and wife, and John M. Creason and Gail M. Creason, husband
and wife, before fiI. 0. Frost N.P, for ldaho, Residing at Meridian,
Ack. in Ada County, Idaho. ~SEAL)
~- ~7~~ff~u 1 l~ - ~/3
/ ~ a
~ `'• ~-~
~ .
TO THE MERIDIAN CITY COUNSEL
We,- the undersigned homeowners in Doris Subdivision, Meridian, Idaho, are
opposed to anp amendment to the covenants of said subdivision which would
allow Lot 3, Block 2 of Doris Subdivision to be converted to anpthing other
than residential property, conforming to the subdivision covenants as written
in 1959 and amended in 1961.
~~.
SIGNATURE : '
~~\
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NAME ADDRESS
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SIGNATURE NAME ADDRESS
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~ Q 863~~~~0 8630022 8634843 ~~
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~ "THIS DOCUI`SENT IS BEING RE-RECORDED TO ADD PROnERTY OT~JNERS"
' ~ /40D~T~p niAt.
~~ ,~ ~~~~~
AMENDMENT AND MODIFICATION OF
11 ~ RESTRICTIVE AND PROTECTIVE COVENANTS
~~ FOR DORIS SU~DIVISION~ IN ADA COUNTY, -~ Ada County, Idaho, ~
i,~ STATE OF IDAHO 1 Re of ~
~ ° ~
e, ~ :~ TiME ~lor , ~.
~ ,~ . ~ Da te d ~p~ .~ , / ~ ~~ C-'~ DATE / _ ~ ~, (~ /
~ I~ ~ W JOH~fDA3Tl A (J ~P
v! ~ Recorded ~~ j J`$~ 1 R DER .
~
~ W i
\ ~,,~~ ~ In s trume n t No . g~v `~ d Q ZZ sy Deputy ~y~~~G~
l~ WHEREAS, restrictive and protective cov~ ts of Doris 0 v~,
Subdivision have been previously recorded on September 11~ ~
1959~ by Instrument No. 463012~and as subsequently amended
on March 7~ 1961, by In'strument No. 498227/records of Ada
County~ State of Idaho, and
WHEREAS, we represent a majority of the present owners
of the lots within Doris Subdivision and agree to change in
part said covenants, and
WHEREAS, it is deemed advisable tha t said covenants be
amendec] to accommodate the commercial development of Lot 3
Block Two~ and
WHEREAS, considera tion is given to the prote,c~tion of
property values by restricting traffic flow onto a
residential street and by providing a buffer between
residential and commercial land uses, and
NOW THEREFORE,
RNOW ALL MEN BY THESE PRESENTS THAT paragraph l.a. is
hereby amended to read as follows:
a. All lots in said subdivision shall be known and
described as residential lots~ and said lots or any part
thereof or any structure placed thereon shall not be used
for any commercial purpose but the use of said lots shall
be limited solely to residential purposes~ except tha t the
portion of said tract fronting on U. S. Highway 30
consisting of all of Lots 5~ 6, 7 and 8~ Block 1~ and Lots
1 and 2, Block 2 and including all of Lot 3~ Block 2 can be
used for general re tail and service commercial as may be
authorized by applicable zoning regulations. To insure
~
~
~
. 1~ ,. ~ r ., ~.
,. ~ .
compa tible land use deve lopmen t and adequa te separa tion
be tween commerical and residential land uses the following
restrictions apply to the development of Lot 3, Block 2:
(1) No traffic ingress or egress shall be allowed
onto the residential interior streets within
Doris Subdivision.
(2) A landscaped buffered area and/or fencing along
the adjoining lot lines of Lot 4~ Block 1 and
Lot 4, Block 2 shall be provided when commerical
development occurs. ~
(3) A minimum set back of fifteen (15) feet shall be
observed for the location of any building from
all adjoining residential lot lines.
All other provisions of the restrictive and protective
covenants of Doris Subdivision are hereby ratified and
remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have hereunto set
their hands and seals on the dates set forth after their
respective names:
Owner of Real Property Lot/Block within Date
Doris Subdivision Signed
,fe ~ ~ /o~ / ~3~"~ ~'
~ 8 ~~ _~_ ~=~~ 86
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~~ ~ OWner of Real Pronertv Lot/Block within Da,te
Doris Subdivision Si~n.ed
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STATE OF IDAHO )
) ss:
Coun ty o f Ada )
On this 29th day of May, 1986, before me, the
undersigned, a Notary Public in and for said State,
personally appeared Brent E. Barrus and Luana B. Barrus;
Warren E. Shepard and Sally Ann Shepard; Glenn E. Michels
and Vida A. Michels; Steve Michels and Mary E. Michels;
Benton R. We tzel and Sandra J. We tzel; Raymonc] C. Rleier
and Mildred I. Rleier, known or identified to me to be the
persons whose namea are subscribed to the within and
foregoing instrument and acknowledged to me tha t they
executed the same.
IN WITIVESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first a bove
wri tten .
>. :~•-.
'`' ,t~.. / ~
.v''',~i.'~' ~;-:, ` . . -
•~~~~ ' ~ '` ~~ ~ NOTARY PUBLIC for ldaho~
.'~,:~`'= :i ! t i~ .
•4`.~~~; ~, ~ Residing at Boise, Iolaho
~,~~s ~ ~. ~ .
s~;~.; .,' Y' ,~ , ., ~ .
..gr~ ~.~~; -~ w ~,,' ~ . .
.F~,'~ • `~ A ~ '
;.'~:~°~`~ f ~F } (,'~.;,
'~~. ~ , •
~~; .,
. ~.*~
~~ ~ ~ , ~~ ~ • i
STATE OF IDAHO )
) ss:
County of Ada )
On this 3rd day of June, 1986~ before me, the
undersigned, a Notary Public in and for said State,
personally appeared James C. Burt; Margaret Murray and Lloyd
W. Murray; Vern H. Stilwell and Emma M. Stilwell; Eileen
Allison; Raphp J. Van Paepeghem; Richard H. Bross and Thelma
J. Bross; Viola Blaine and Willis A. Blaine known or
identified to me to be the persons whose names are subscribed
to the within and foregoing instrument and acknowledged to me
that they executed the same.
~~~ ~ IN WITNESS WHEREOF, I have hereunto set my hand
:';:t~nd af~i'~ed my official seal the day and yea~r first above
. - writ~~n. •
}•• 'r • a
~~~ ~ ~
i ' " ~~~ /
~~ ~ ~~ ` ~ ~ F , NOTARY PUBLIC for ldaho .
"~ i., ~~ Residing a t Boise,
~ ~~ Idaho
:, ~ ,
STATE OF IDAHO )
) ss:
County of Ada )
On this 4th day of June, 1986~ before me, the
undersigned, a Notary Public in and for said State,
personally appeared Robert E. Davis; Robert Moore and Jean
Moore; Margaret E. Hurt; and Doro thy J. Haumann known to me
to be the persons whose names are subscribed to the within
and foregoing instrument and acknowledged to me that they
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day and y ar first above
wri tten .
~h~1 ~~
~,. ` ,~~ ~ +' `' . RY PUBLIC for ldah
~~i', ~- ~ . ~^` Residing at Boise
~ , d ~ • r ldaho
. ~,
,~, .~.
,,, „,. ~ !
f
:.., .
': ~k .^ ~ , :
,
ti~~ ', •~ ~ .
~ '~ f ~ i
r ,y.~
. ' ~ s . , • • o •
STATE OF IDAHO
) 8s:
County of Ada )
S
On this ~ day of r
1 98 ~~ before me, the undersigned~ Notary Pu lic in and
for said State~ personally appeared .~i~~ ,~~ ~
known to me to be the person whose name a subscribed to the
within and foregoing instrument and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto aet m~,~°~h~,nd•~~. ,
and affixed my official seal the day and year first .ab~v,~~1~~. s~~ ••„
wri tten . ~;` ; ~ .
.:
~ ,,
'~~-, • ~ ~ 9~~.~s ~ ~ .
~.
fiTDT RY PUBLIC .fio-T_~d~t~Q~ .
Residing at Bois~~ ~dafidi~~r~' ~
. ~,,• . ~ ..~ , ~ ` f r}
%. ~ 7
,~ i
, • •
STATE OF IDAHO )
County of Ada , ss~
)
On this 4th day of
1 98 6, before me~ the undersigned,
for said Sta te, personally appeared
known to me to be the person whose
within and foregoing instrument and
he executed the same.
June
a Notary Public n/and
James M. Jensen ,
name is subscribed to the
acknowledged to me tha t
IN WITNESS WHEREOF, I have hereunto set my an~c7,
and affixed my official seal the day and year first .abo~~e ` ~;~ ,
written. - ~: ~ ,
. ---~ _.~~~ ,,~~F;.',~.
~ t~~°.
~~N -AR'Y PUBLIC q .ltidaho ~ ~.
I e~iding a t Me ' ~lian, ~ : ~ ~ '~`• ~
Idaho +~p t' . ~. F r ~, ~.
STATE OF IDAHO ) ,
.~i,t,~ ;., ~ ', 1~:
~ 88 : , ~ ~y~, .
County of Ada ) ~ ~ . •
On this 4th day of
198 6, before me, the`undersigned,
for aaid State, personally appeared
known to me to be the person whose
within and foregoing instrument and
he executed the same.
June ~
a Notary Public in and
Mary C. Jensen ,
name is subscribed to the
acknowledged to me that
IN WITNESS WHEREOF, I have hereunto set my hand -
and affixed my official seal the day and year first abo>ve~
wri tten . : -
_ ,
, ,
; ~ ~~ ..tl ` ~, e F , ry~
. N Y PUBLI t~, r daha~ •.- '' ~.
R iding at , id~.an',r , ~~.
Idaho _ ~ , ; ,: ~ ~ .
,~~
, ;
.
. ;~ ~ •`,j ~' , a
:~ ; .
~~ ~ ~ .
~ ~- ~
1 • •
STATE OF IDAHO )
) ss:
County of Ada )
On this 5th day of June
198 ~, before me, the- u d rsigned, a Notary Public in~and
for said Sta te, personally appeared _ Francis DeMond ~
known to me to be the person whose name is subscribed to the
within and foregoing instrument and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day and year first above
written.
~ I,~, .•, ~4`~ _~.i ~
~ ~ . ~! , ~ • ` '•~~ ~ i
N ARY PUBLIC f~o ;d~l~o~, '~
Residing at Meridiari9 ~~ ~j '' . ~
Idaho - ~' ~. , e ~
STATE OF IDAHO ) ;
a 7
1 ~ ` b
I 3 g i ~ n~\ f~' «
Coun ty of Ada ) '-~ , ~
.L q n .1 +e ` ~'
On this 5th /~ '•~"
_______ da y o f June ~
1 98 6~ before me, the undersigned~ a Notary Public in and
for said State, personally appeared Eileen R. DeMond
known to me to be the person whose name is subscribed to~the
within and foregoing instrument and acknowledged to me tha t
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day and year first above
wri tten .
,~'~ 1F1' ,.,a,'~ Y
~ t~'^^~' ~i ~~ ... .. .~ ~~ .
NOT RY PUBLIC for~~-Ic~a p ~.
Residing a t Meri~iarr ~ • ~,%' ., ~• • -
Ida ho _ •`
.,'&~~, ~ .~ :~
;~.~''„ ~, .
~. <, .
. ~ ', ~ .i
U
Ada County, Idaho. ss
R~quott o! _ • ,
,,~ /.~~~- ~'f
T E y •~ ~ M• '
DAtE (o -S ~~4
JOHN dASTIDA
RECORDEI~-
~y • : ~"'.. ~.f ~'
De.R~~Y ~ ~w
1
~ ~ ~ f '
. ~ . P • •
STATE OF IDAHO )
) ss:
County of Ada )
On thia 24th day of June, 1986~ before me~ the
undersigned, a Notary Public in and for said State~
personally appeared Cleah L. Cooper, William B. Wylie and
Margaret A. Wylie~ known to me to be the persons whose
names are subscribed to the within and foregoing instrument
and acknowledged to me tha t they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day a year first a bove
written.
~_,- G
~r~i° ; NOTARY PUBLIC for I aho
• ~ Residing a t Boise, Idaho
~ K ~ 1,~,~~ ;~.
s
',,• p~r~'~ i. 0 y A
L ' .\ .is , `
!,°~ ~ ~~~,,
~~F~-~Ca rc~)
Ada County. Ideho, ss
Re e~t of
~i+ e /.t- . n~. `~~a~
DATE ~ ~_ z G_ g~
JOHN BASTIDA
~~ER .
B ~7~~~'w'_
eputy
Q~O ° %
S ' ~ ~
Steven Gregory
192Z North 33rd
Boise, ID 83703
ZS May 1986
City Ha11
728 Meridian
Meridian, ID
CONCERNING ZONING COMMERCIAL DORIS SUB, (MICHELS & MICHELS)
Dear Mayor and City Councilmen
I am in favor of alZowing the zoning change on the residential
Zot as Zong as they do not have commercial traffic-access off
Caro1 Street.
I do feel they shouZd be required to extend city sewer and
water in to Caro1 Street for future growth,.,as property is an-
nexed to promote orderly qrowth.
Sincerely
PROPERTY OWNER IN DORIS SUB
Steven G. Gregory
/V
~,~ ~~D
~l5
~
~
• ~
OWNBY & GO.
FIRST & IDAHO, P.O. BOX 567 MERIDIAN. IDAHO 83642_
REAL ESTATE SALES AND INVESTMENTS PHONE 888-6844
July 7, 1986
Honorable Grant P. Kingsford, Mayor
and City Council
City of Meridian
728 Meridian Street
Meridian, Idaho 83642
RE: Zone change to commercial on Lot 3 Block 2 of
Doris Subdivision in Ada County, Idaho
Dear Mayor Kingsford and City Council:
It is my opinion when showing properties to clients
interested in commercial zoning, that properties having
the proper zone for their usage are usually the ones, which
they show the most interest. The main reason being the time
and money required for a zone change.
Sincerely,
. ,Q~.
E. Da e Ownby
OWNBY F~ CO . INC .
~1
~
~
i
.
. • .
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i
~ `' -
~ , ~
• qv,
•
•
P.O. Box 557, 815 East First • Meridian, Idaho 83642 ~ 208 888-2817
June 27. 1986
Mayor Grant Kingsford and
City Council Members
City of Meridian
728 Meridian Street
Meridian, Idaho 83642
Dear Mayor Kingsford and Citq Council Members:
A Resolution was passed on June 24 by the~Meridiaa Chamber of
Co~nerce Board of Directors recommend3ng that the City of
Meridian rejoin the Ada Planning Associatioa on a one year
trial basis. It is the opinion of the Chamber Board•that the
interaction'and other communications available from and between
other Public units in Ada County could be beneficial to our
community. This recom~endation is also based upon a suggested
annual~financial participation in the Ada Planning Association
budget of $600.0_0 for fiscal qear beg3nning October 1, 1986.
After the one year per3od, tihe Chamber Board recommends a re-
view of the benefits received from APA membership, and re~oiniag
if the services available, other benefits and aunual share of
the budget is deemed to be beneficial to the C3ty of Meridian
and its citizens.
Yours very truly,
Fern Franssen
President
3~
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ORDINANCE NO.~~
VAN AURER SECOND ANNEXATION
AN ORDINANCE ARTATEXING AND ZONII~IG A PART OF THE SOOTHEAST QUARTER,
SECTIOA] 18 g TOWNSHIP 3 ATORTH, RPiNGE 1 EAST, BOISE-MERIDIAN, A1o1D
LOT 1, BLOCK 1, TIMOTHY SUBDIVISIOPT, ADA COU~+TTY, IDAHO; ANd3
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meri~ian have concluded that it is in the best interest of said
Ci~ty to annex to the said City real property which is hereinbelow
described:
~7AN AUCRER SECOND ANNEXATION
1. Lot 1, Block 1, Timothy Subdivision, according to the
plat thereof, filed in Book 31 of Plats at P~~ge 1923 records of
Ada County, Idaho.
2. The Southwest quarter of the Southwest quarter of the
Southeast quarter of Section 18, Township 3 North, Range 1 East
of the Boise Meridian, Ada County, Idaho.
AMBROSE,
FITZGERALD
SCROOKSTON
Attaneys and
Couneebre
P.O. Box 427
~eridien, Ideho
83842
-,, Wne 8883481
i • ' •
AMBROSE,
FITZGERALD
BCROOKSTON
Attomeys end
Counselore
P.O. Box 427
Meridian, Ideho
83842
Telephone 86&Or81
3. I-84:
That portion of Interstate 80 N lying in the West Half
of Southeast Quarter of section 18, T. 3 N., R. 1 E., of Boise
Meridian in Ada County, Idaho lying between the Northerly
extension of the East and west lines of Lot 1, Timothy
Subdivision, according to the Plat thereof, filed in Book 31 of
Plats at Page 1923, records of Ada County, Idaho.
4. 1/2 Overland Road:
That portion of the Northerely Half of Overland Road
lying in the West half of Southeast Quarter of Section 18, T. 3
N., R. 1 E., of Boise Meridian in Ada County, Idaho lying between
~the Southerly extension of the East and West lines of Lot 1
Timothy Subdivision according to the Plat thereof, filed in Book
31 of Plats at Page 1923, records of Ada County, Idaho.
NOW, TAEREFORE, BE IT ORDAIATED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF 1++IERIDIAN, ADA COUNTY, IDAHO:
Section l: That the above described and referenced real
property is hereby annexed to the City of Meridian, and shall be
zoned as follows: (I-L) Light Industrial.
Section 2: That this Ordinance does not supercede the
record, particularly the Findings of Fact and Conclusions,
pertaining to this annexation, but said record is made a part
hereof by this reference and incorporated herein.
I • ( •
Section 3: That the City Clerk shall cause one (1) copy of
the legal description and map which shall plainly and clearly
designate the boundaries of said property, to be filed with the
Ada County Recorder, Ada County Assessor, and the State Tax
Commission within ten (10) days following the effective date of
this Ordinance.
Section 4: There being an emergency, which emergency is
hereby declared to exist, this Ordinance shall be in full force
and effect from and after its passage, approval and publication
as required by law.
PASSED by the City Council and Approved by the Mayor of the
City of Meridian, Ada County, Idaho, this 7th day of July, 1986.
APPROVED:
~
~
MAYOR, GRANT P. IC NGSFORD
ATTEST:
CLEIj~if , JACK NI EMANN
AMBROSE,
FITZQERALD
8 CR~KSTON
Attomeys and
Counselore
P.O. Boz 427
Merldlan, Idaho
83842
Telephone 888~4481
• ~ ~
a.,
~
~
s
AMBROSE,
FITZGERALD
& CROOKSTON
Attomeys end
Counseloro
P.O. Box 427
Merldlan, Ideho
83842
Telephone M8~4A81
STATE OF IDAHO, )
. ss.
County of Ada, )
I, JACR NIEMANN, City Clerk of the City of Meridian, Ada
County, Idaho, do hereby certify that the above and foregoing is
a true, full and correct copy of an Ordinance entitled "AN
ORDINANCE ANNEXING AND ZONING A PART OF THE SOUTHEAST QUARTER,
SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, AND
LOT l, BLOCR l, TIMOTHY SUBDIVISION, ADA COONTY, IDAHO; AND
PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. ~f~ 6
by the City Council and Mayor of the City of Meridian, on the
7th day of July, 1986, as the same appears in my office.
DATED this 7th day of July,
STATE OF IDAHO, ?
. ss.
County of Ada, )
1986.
Cit Cle k of the C ty of
Me idian, da County, ID.
_ _, f ,
On this 7th day of July, 1986, before me, the undersigned,
a Notary Public in and for the said State, personally appeared
JACR NIEMANN, known to me to be the person who subscribed his
name to the within and for~going instrument, and acknowledged to
me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above
written.
SEAT~~'`r' •~..
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1Votary Public . r ldaho
Residing at: Meridian, ID
Ade Oounty, Idaho, es
R~uest oi
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JOHN 9~1191~'ID
COADER
(~eDdtY ~~
~..+