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Durrant, Toddado CYVZA t~G~' J~e'.~ ~~GG/ ] T ~9 ~ ~ ~y~i ~~~~ ~ ,~-3~ ~~~ ~lri~~ S'! ~~~ ~.. CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 83E42 FENCE VARIANCE APPLICATION (RE: Meridia~n~Zo"ni~,ng~Orclinance) APPLICANT NAME: / G~~~/ ~G~~!r~"~ PHONE ~~8' 03 ADDRESS : ~~~b f ! ~n /G " ` 5~ ,C/J G7' y~~`' OWNERS NAME & ADDRESS: (If d/ifferent than abo_v/e) ~c~Q ~~nhG~ PROOF OF OWNERSHIP: (COPY OF DEID OR OPTION MUST BE ATTACHED) LEGAL DESCRIPTION OF PROPERTY: I~OT#~_BLK # /~ sUBDrvISION ~l ~e ~. ~,,~ ~,~1~w1 f~~f /Te, ~ PRESENT USE & ZONING OF PROPERTY ,SCHEMATIC DRAWING: ATTACH DRAW.IIVG SHOWING BUILDINGS, STREETS & PROPOSID FENCE: ~' SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (FROM AiPII~N'!'IC TAX RECORDS OF ADA COUNTY) WITHIN TWO HUNDRED (200) FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED: DESCRIPTION OF REQUIRII~]TS OF THE ORD ~THAT NEED BE RIDUC'QID TO PERMIT THE PROPOSID FENCE: l"~r~...~,~ < I~n,^. .2U ~~ .P1~ i..~l-~ ATTACH APPLICATION FEE OF $ ,S'~~• G'y ATTACH STATEI~iVT THAT FACE IS ALLOWID UNDER THE RESTRICTIVE COVF~IANTS OF SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERT~~~~/ APPLICANTS SIGLVA'I'URE DATE RECEIVED COMMITTEE HF.ARTNG DATE RECEIVID BY SECTION 1: That Section 11-9-605 J., FENCES, is hereby amended by the addition thereto of a new subsection to be numbered 10 and which shall read as follows: 10. That if an owner or a licant desires to obtain a variance rom a rov s ons o ~s ec ion - - s a no a rea a as a var ante ursuan o t e rov s ons o - - or _ _ o e ev se an om ~ e r nances an a rote ure or suc a var ante s a no a overne e a orement oned two sections. here sha 1 be a s ecia proce ure or var_ antes rom ~s ence or Hance w ch s a a a. The owner as o ows: or applicant shall file an app lication for a fence variance with the Cit Clerk which app cat on s a state e o ow ng: 1. Address of subject property; 2. Name, address and phone number of applicant; 3. Name address and hone number of owners of the subject proper v: 4. Proof of ownership; 5. Legal description of subject property; ' 6. Present use of subject property; 7. toning of the subject property; 8. -Schematic drawing of the building and proposed ence; 9. List of the mailin addresses of all ro ert owners rom au en ~c tax recor s o A a count wit n eet o t o ex erna oun arses o e an e n cons ered; 10. Minimum re uirements of this ordinance that nee o e re uc_e o perms a propose fence; 11. An application fee established by resolution o~ a ounc ; HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN WAYNES.FORREY,AICP,CityClerk CITY OF MERIDIAl~ R A JANICE GASS, Treasurer ROBERTGI S ER BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO MAX YERRINGTON WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE JOHN SHAWCROFT, waste Water supt. MERIDIAN, IDAHO 83642 Chairman Zoning & Planning KENNY BOWERS, Fire Chief BILL GORDON, Police Chief PhOnt: (2O8) 888-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor ,fuly 23, 1993 Mr. Todd Durant 1986 E. Glenloch Meridian, Idaho 8364c^ RE: Fence Variance Request 1986 E. Glenloch Dear Mr. Durant At you>r^ request, the Fer-ce Var^iance Committee of the City of Meridian met in ygtitr pt^esence at 4:1~ FI.M., J~rly 15, 1993 in City Hall to consider thi's matter. Aftei^ due consideration the. committee decided to allow construction of this sin (6} foot high wooden. fence in the set back area of Lau~hridge Street in accor~dance with the following conditions: 1. The face of the fence shall be set- 8 feet from and pat^allel to the e~:isting haci< edge of sidewalk along Laughs^idge. The length of fence shall be as shown. ar, your sketch. t'. The a1^ea between the fence and sidewal"k shall be landscaped and mainta•rted_ by you. 3. The boar^d side bf the fence shall...face Laughridge. ~-. The City of Met^idian has no ,jur^isdiction in the enforcement of the pi^ovisions of your subdivisions Flrotective Covenants. Since this is a variance to a pt^ovision of your covenants we satggest you contact your Homeowner^s Association. 5. F-lease obtain a fence building per^mit ft^om City Hall. Sincerely, Gary D. Smith, F~. E. Chairman, Fence Committee cc. File City Clet^k )3uilding Inspector° NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to i1-9-605 J. 10. of the Revised and Compiled Ordinances of the City of Meridian, that the Fence Variance Committee of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridiian, Idaho, at the hour of ~_ o'clock ~. M. , on ~1~~ 1~ , 19~ for the purpose of reviewing and considering the Application of Tmc~d 1JL~~('~C'O~Y~1_ for a variance from the Meridian Fence Ordinance at the property legally described as follows: ~ ~- ~ ~1k#~- ~Z and known by the address ~ IOIy C, (;1~p-/~~ ,1/1 ~1Pr~d~a~ ,T~ S~c~u~ The Applicant proposes to (:YIGrI~Q'p 5e"f'~[.X.[cK --f~on7 The public is welcome. Testimony, objections, and comments will be heard and considered by the Committee. A written decision of the Committee will be issued to the Applicant and any person requesting in writing a copy of the j decision will be furnished one, i Any aggrieved party may appeal the decision of the Committee directly to the Meridian City Council pursuant to Section 11-2- 416 G. 1. DATED this ~ day of , 1993. WAYNE SJ' FORREY, AICP CITY CLERK/PLANNING DIRECTOR 1 :~.. ~-e~~ -a . ~n lay ~ ~+ ~6~h b~ V ` ,. CUSTOMER'S ORDER NO. NAME Q ~ ADDRESS DEPT. DATE G-~-~.~ / t - ~~8-c~9~ SOLD BY C// CASH C.O,D, CXARGE ON ACCT. MOSEFETD, PAID OUT -`~_ REC D BY ~tEDIFORM, 5H 320 ~ 1 ~ ~ ~ I~ {~ P~ . 2 3 4 UQ lr i 5 F ['t ~1 6 7 8 / ~ ~ ~~ 9 10 11 12 13 14 15 16 17 18 C:'~ ~ When Recorded, Mail To: Republic Ma~gago Cap. 921 S. Orchard, Suso A Boi9e, Idaho 83705 Lawn No.: 4823816 Order No.: P-117854 >~ ~~ i'`~ ~ :itate of Idaho DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") is made on 'Che Grantor is BRENDA S. KINNEY an unmarried. Person ("Borrower"). The trustee is Pioneer Title Company of Ada County Republic Mortga6`'e Corp., which is organized and existing under the laws of the State of UTAH hard S 'te A Boise Idaho 83705 and whose address is 921 S. Orc w ("Lender"). Borrower owes Lender the principal sum of Eighty Five Thousand Seven Hundred Ninety Nine and No/100 .................... Dollars (U.S. $ 85,799.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on February 1, 2023 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 6 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described Property located in ADA County, IDAHO: ]OT 1 IN BLOCK 12 OF CHATEAU MEADOWS EAST NO. 7 SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 60 OF PLATS AT PAGES 5934 AND 5935, AND AMENDED BY AFFIDAVIT RECORDED AS INSTRUMENT NO. 9273958, RECORDS OF ADA COUNTY, IDAHO. SEE PLANNED UNIT DEVELOPMENT RIDER ATTACHED HERETO, WHICH FORMS A PART HEREOF. which--Las the a~'dresc of - 1VRF EAST GLENLOCH STREET, INJERIDIAN, [Street] [City] IDAHO 83642 ("Property Address"); [State] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. 1. Payment of Principal, Interest and Late Charge. :Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payments of Taaes, Insurance and Other Charges. Borrower shall include in each monthly pay~ent, together with the principal and interest as set forth in the Note and any late charges, an installment of any (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required by paragraph 4. DPI; 6/91 Page 1 of 5 FHA Idaho Deed of Trust - 2/91 i FHA Case No. 121-126881-5-796 January 28, 1993 . ("Trustee"). The beneficiary is Each monthly installment for items (a), (b), and (c) shall equal one-twelfth of the annual amounts, as reasonsbly estimated by Lender, plus an amount sufficient to maintain an additional balance of not more than one-sixt' of the estimated amounts. The full annual amount for each item shall be accumulated by Lender within a period ending one month before an item would become delinquent. Lender shall hold the amounts collected in trust to pay items (a), (b), and (c) before they become delinquent. ~ ether with the If ate any time the total of the payments held by Lender for items (a), (b), and (c), g future onthly payments for such items payable to Lender prior to the due dates of such items, exceeds by more than on -sixth the estimated amount of payments required to pay such items when due, and if payments on the Note are cur ent, then Lender shall either refund the excess over one-sixth of the estimated payments or credit the excess ver one-sixth of the estimated payments to subsequent payments by Borrower, at the option of Borrower. If the ~ tal of the payments made by Borrower for item (a), (b), or (c) is insufficient to pay the item when due, then Borrower shall pay to Lender any amount necessary to make up the deficiency on or before the date the item becomes due. As used in this Security Instrument, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. In any year in which the Lender must pay a mortgage insurance premium to the Secretary, each monthly payment shall also include either: (i) an installment of the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary. Each monthly installment of the mortgage insurance premium shall be in an amount sufficient to accumulate the full annual mortgage insurance premium with Lender one month prior to the date the full annual mortgage insurance premium is due to the Secretary, or if this Security Instrument is held by the Secretary, each monthly charge shall be in an amount equal to one-twelfth of one-half percent of the outstanding principal balance due on the Note. If Borrower tenders to Lender the full payment of all sums secured by this Security Instrument, Borrower's account shall be credited with the balance remaining for all installments for items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for, all installments for items (.a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insura cn a premiums, as required; Th~rd, to interest due under the Note; Fourth, to amortization of the principal of the Note; Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now iri existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which ~I,ender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requir s. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erecte ,against loss by floods to the extent required by the Secretary. All insurance shall be carried with comp nies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss p yable clauses in favor of, and in a form acceptable to, Lender. In~the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under', the Note and this Security Instrument, first to any delinquent amounts applied in the order in Paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes 'the indeb+edness, all right, .title tired interest of Borrower in and to .insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless the Secretary determines this requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lenders of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. Page 2 of 5 If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in Paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require .immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent) by the Borrower, and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights in the case of payment defaults to require immediate payment in full and foreclose if not paid. -This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note secured thereby not be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option and notwithstanding anything in paragraph 9, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequently to 60 days from the date hereof, declining to insure this Security Instrument and the Note secured thereby, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary at*:orrieys' fees a.rid expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modi- fication of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9.b. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. Page 3 of 5 Page 4 of 5 ~. BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: , ~, C.~ , %~-_~-~ (Seal) BRENDA S. KINNEY -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower STATE OF IDAIiO, ADA ~' On this ~. ' day of JANUARY County ss: 19 93 ,before me, THE UNDERSIGNED a Notary public in and for said county and state, personally appeared ~•,,~aaaaor,., BRENDA ~,s•'~C~f~N~Y ~'r°.., . ~,4 ~ ~•••'c ••~• known or~~3rQv~pd t~._rne Eo~,~be the person(s) who executed the foregoing instrument, and acknowledged to me that her exect~l-e,~ame. ;'% ~~ ; , In wii.~~ w~reo~'~ l~aiie hereunto .set my hand and 'affixed y ~bfficial-seal the day and year in this ~ i certificate 1'~'3x above v,~r.~tlefi: ~`~ ,!/ , , ,.~ S FAO ~ '! .~ , i~ MY CDMMISSIO?4'•~F,~X~~Ffi~,~~a'y` ~J I'" ~ Notary' ub~ic residing at ~ ~ ~ '" p , afaa~aae ~~ ~ - ~~~~- }. REQUEST FOR RECONVEYANCE TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. Date: Page 5 of 5