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Moorhouse, Greg HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS WAYNES.FORREY,AICP,CityClerk JA NICE GASS Treasurer CITY OF MERIDIAN COUNCILMEN R A , ROBERTGIE$LER BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MAX YERRINGTON JOHN SHAWCROFT, waste water supt. MERIDIAN IDAHO 83642 ROBERT D. CORRIE KENNY BOWERS, Fire Chief + Chairman Zoning & Planning BILL GORDON, Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor June 3, 1993 t~lr . Greg Moorhouse Mrs. Kay Lynn Moorhouse 5105 Tinker Boise, Idaho 83709 RE: Fence Variance Request 1422 Santa Rosa Dear Mr. & Mrs. Moorhouse: The Fence Variance Committee of the City of Meridian met at 4:45 P.M. - June 1, 1993,_in City Hall to consider, this request. After considers ion of your request, the'Committee decided to allow construction of your 6 foot high fence in the set back area along L~. Sonoma Ave., as shown on the sketch you submitted with the application far variance, with - he f'olla~ling conditions and exceptions: 1. The face'of the fence shall be set thirteen (13) feet from and parallel`to the existing back edge of sidectalk in lieu of the ten (10)' feet requested: This°'is because of the close proximity 'of the adjacent driveway. 2. The area betc~aeen the fence and. sidewalk shall be landscaped and maintained-'by you. 3. The board side of the fence 1a11 face 69. Sonoma Drive. 4. The City of Meridian has the provisions of your Since this is a variance suggest you contact your no jurisdiction in the enforcement of subdivisions Protective Covenants. to a provision of your covenants we Homeowners Association. 5. P-lease obtain a fence building permit from City Hall prior to beginning construction. Sincer ly, Gary D. mith, P.E. Chairman, Fence Committee cc. File City Clerk Bldg. Inspector APR-20-1993 13:29 FROM CITY OF MERIDIAN crrY of r~r~ . 33 E. I~ AIERID23~N, ID TO 3452660 P_01 ~w~ Rnnu,ia~ta unia+~rnnni ~~u~nuu ioi ~ su~ysyss . ~ F'IIVCE y11RIIiNCE AFPLICIITIC~1 __.__._ (ice: ~-; ~; ~^ Zc¢~iait~ Or1u~~e) AYYI~(~T ~: Greg & Kay Lynn Moorhouse ~ ~~: 1422 Santa Rosa OPQl~Eis 1~'!E ~ ADD~55: (If different than above) 5I~05 Tinker (temporary address until house is built) ' PROC?F OF OWNERSHIP: {C'~Y OF DEt~ OP OFTICI~1 PST DE A~TA~'~) See Exhibit 1 L>!7~A1. ll>:.'St:K.lYY1CIlV C7F P~7PF•RTY: LUT# 2 4 HI,~C # ; 4. SLIDI]IVISION in I ar s 'PRFSF.NT ~1~iF ~ 7.d1+i.IIQG OF PRDPII~TY Re s i d en t i a l SCFiE'1~+IATIC ll1iAW7.NC~: ~il'7:?~i 1~RAWIl~IG SE37PPIl~G BUIIaI1~S - S3~EEI5 & PROPOSE FENCE :See E xh . 2 SURI~IDIl~G P'1~3PERrY Q+iNi;~: LIST ~ THE MAII~Ii3G N3DR'FSSFS C3F ALL PRC?PEKPY C7Wi~RS (FI~7M AiTIYiI~1~PT1C: '1'AX ~' ADA CO(II~TI'Y) T~'I~IN T+dO HUbIDRF~D (200) FEET pF g1E EfiI'I:RIQAi. T~OUbIDR3~9 ~' TES IAb1D SE;QTG d'~'~11I~II2L'[~ : Empty 1 o t s o r speck homes only at this time. ~ IyFSCRTFi''T'(7N C)F' F~3Q[]IF~V`!'S (~' '1't!t U~iUY1~1A1VC~ THAT ~ T~0 BE F~'IKF~D TO p~T Tt$ I'I~i~ ~~; Amendment o Mer dian City Ordinance,__ Section 11-9-605, allowing constructionion our corner_1ot of . 6 foot woocL fence (So~~h G; de) rn fa1 ~ ~~; thin_ too r~~ro~ 20' set back. A'1T~3't AZa'PLICATION F5E 0~' ~ .~Q~ U a ATI'AC'~i STATFJyfF'.M1Ti' Tf~4T FE~i1CE LS ALL1.JWls9J Ui~JJsR TfiE CTIVE COVIIVANT5 OF Tim 5Ubr1IVr5TOit OR A,OOP'SC OF 1~E 1~TRICTIVE CC7VF2iANZ3 rT3tTA~G 'PO I'~K:~::See Exh. 3 Exhibit 4: Letter approving fence vari nce for Mr. and Mrs. Redden. APPLIC~i1~Tr5 SI tN~i ~~ ~. DATE F~EG~IVF~ _ ~'I'I~E I I~7CElVID SY . _ . , .. _ .. _~- ;362-6624 Boise. 83709 99~~~ TOTAL P.01 ~,~: ~: f f f ,' '~ ~: ~ ~ r i~ I ' .1- ~; ~i ~ ~ f ,~ i ~~ t. N ~~ I N (~ i ~l 1 ! ~ ~. i i I 1 i ~1 ' ~~~ , ~ I • f A ~ ~ . + 1 ~~i, .. 1 rn ~! I 1', ;- ~, ~; i :; ~. ,i i i. ,~ is i ~! i i, ~' I' i i i, ., ~. fi. .. _.... ....... ;- J? _.` ~~ REAL ESTATE PURCHASE ~ SALE AGREEMENT AND RECEIPT F EARNEST MONEY ®• THIS IS A LEGALLY BINDING CONTRACT. READ TYiE ENTRiE DOCUMENT, INCLUDING THE GENERAL PRINTED PROVISIONS ON THE REVERSE SIDE 2 AND ANY ATTACHMENTS, CAREFULLY, BEFORE SIGNING. IF YOU HAVE ANY GUESTIONS, CONSULT YOUR ATTORNEY BEFORE SIGNING. 3 QQ P s': ter' ._ ~.. ~ _ l~ -, ' ~ "- - ,Idaho 19 -j 4 ~ ~ ~~ (heremefler callkd uyer) agrees to urohase, and the unqeraigned Sel~grees sell the folknvrng described real estate hereinafter referred to as "premises" " ~ s (~) r"'~ commonly, nkn'own asn ~ / ~~'i h )1 4-!' ~ ~ 7 City of ~y_.~C.~~~fl 1~ County of .~,,,1 ,Idaho legally described as: r ; ~"~ ~ s ~ (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED OR ATTACHED PRIOR TO EXECUTION BY SELLER. Buyer hereby authorizes brok over to ~ his signature the correct legal description of the premises If unavailable et the time of signing, or to correct the legal description previously antlered If erroneous or Incomplete.) 11 EARNEST MONEY. I ~.~t~ t2 (a) Buyer hereby deposits as earnest money and a receipt is hereby acknowledged of(~~' ~ ~~~~~-y~ ~;L11~ dollars t3 _~^ _ ($ ~iJLU r ~ d )evidenced by: ^ Cash ~rSOnal Check ^ Cashiers Check ^ Note Due ^ or _ t4 (b) Earnest Money to be deposited in trust account upo n` acceptance by all parties and s all a held by Listing Broker Selling Brok`e'r ^ that 15 for the benefit of the parties hereto, and ~~y ~ ~ ~ ~ ~~ - ~ y ~ 18 shall hold the completely executed broker's copy of this agreement and is responsible for the closing. 17 (c) If all conditions have beenen mar, Buyer and Seller agree that the earnest money (less credit report tees, and any other Buyer's Costs) shall be refunded to Buyer 18 in the event Buyer or Seller cann6F niummate the sale due to circumstances beyond their control. 1s (d) The parties agree that ~G.d-r1Bt'%t - Title Company shall provide title policy and preliminary report of commitment and the "closing 20 agency" for this transaction shall be _~ r~~ y a~-,_ _ ; If a long-term escrow /collection is involved, then the e~cr w holder shall be 2t 1. TOTAL PURCHASE PRICE IS ~' ~r.n~ ~._/~..~ ~~ - `~-~ ~ DOLLARS ($ ~ ? ~" ~ _ ) 23 Payable as follows; ~~ i~ ~ ~ 2a a. $ ~ ~ ~~ ~U r __ Cash down, including above Earnest Money (Closing costs are additional). ~ 2s b. $ -~~- ~ ~' ' rJ _ Balance of the purchase price (M.LP. not included). 2s 2. FINANCIN . B'uyer`to secure the following financing: CI FHA, [ I VA, j~nv, ^ IHA, Cl FmHA, ^ Assumption of existing loan(s). 27 Y (a) CI NEW FINANCING. Purchase loan balance as noted above for a period of `~ years at 1L~-% per annum. (If FHA or VA loan is sought, read the applicable 2e provisions on the reverse side hereof.) Buyer shall pay no more than''L`__}points plus origination fee if any. Seller to pay only the discount points necessary in order 2s to obtain above described financing but not to exceed ~_ points. Any reduction in points shall liret accrue to the benefit of the ^ Buyer ^Seller. 30 (b) C:I ASSUMPTION. Buyer to ASSUME and ^ will or [.1 will not be required to qualify for an EXISTING LOAN(S) of approximately $ 31 but no more than __.___ % with monthly payments of approximately $ -_ Cl P ^ I ^ T C I. 32 This agreement C1 does ~Pf does not require Lender to release Seller's liability. Type of loan _ _, 33 _ Buyer shall apply for such loan or assumption within three (3) banking days after Seller's acceptance of this agreement ~~ 34 3.OTHER FINANCING, TERMS AND/OR CONDITIONS:.~3"~.~f;.~/~F%/~_ `~` J o~~-rr_..~~~/J~717~. S_~-~>~i~. ~ a~ d 4. CONTINGENCIES. IF SELLER'S 3 DAY CONTINGENCY WAIVER IS CHECKED BELOW, SEE ITEM #18 ON REVERSE SIDE HEREOF. Any waiver by the Buyer will be a waiver of all contingencies. (a) .-F~ None (No contingencies apply) (b) , CI New Financing/Assumption -This agreement is contingent upon Buyer(s)/property qualifying for the above described financing. ^ Subject to B NAT Subject to Seller's contingency waiver clause. (c) ^ Closing of on or before __- listed with ^ Subject to ^ NOT Subject to Seller's contingency waiver clause. (d) ^ Other (specify) Cl Subject to ^ NOT Subject to Seller's contingency waiver clause. 5. ITEMS SPECIFICALLY INCLUDED IN THIS SALE (if FHA J vA financing is sough see Item # 15 on reverse side): ___ 6. ITEMS SPECIFICALLY EXCLUDED IN THIS SALE: _ __ _ _ __ 7. COSTS PAID BY: Costs in addition to those listed bebw may be incurred by Buyer and Seller. Urlless otherwise agreed herein, or provided by law or required by lender, Buyer shall purchase Seller's reserve account if loan assumption. APPRAISAL - If appraisal is required Belo property must appraise at no less than contract price. ^ Yes ^/~Jo. Purchaser's Extended Coverage Title Pnlicv ranuwctad Adrlirinnal nramlum ~s„r ti„ /~i' ~~~ ~,...:.,.... W .e __ ._..____ _ If requested by lender or otherwise stated herein, the below costs will be paid as indicated. CltylCounty Contract andbr Closing Long Term Lender or Costs Loan Well umpplllnspect. Inspect. Document Agent's Escrow Code Peld B Apprelsal Assum t. Ins act. Se is If Requked Preµ Fes Feea Repairs BUYER NIA ~' ~, ~~ ~ ~ :fir SELLER •~ SHAAE EQUALLY ' Cost of lender or code repairs not to exceed $ ° __ .Discount points to be paid as agreed on line 28 and 29. SELLER UNDERSTANDS that as a result o/ any city or county inspections E MAY AE REQUlAED TO MAKE REPAIAS to fhe property !n order to comply with the housing code WHETHER OR NOT A SALE IS COMPLETED UNDER THIS AGREEMENT. 8. POSSESSION. Buyer shall be entitled to possession on closing ^ other _ "Closing" means the date on which all documents are either recorded or accepted by an escrow agent and the sale proceeds are available to Seller Taxes and water assessments (using the last available assessment as a basis), rents, interest end reserves, liens, encumbrances or obligations assumed and utilities shall be pro-rated as of ' -- .Buyer shall pay for fuel in tank, amount to be determined by the supplier at Seller's expense. 9. CLOSING. On or before the closing date, Buyer and Seller shall deposit with the closing agency all funds and instruments necessary to complete the sale. The closing date shall be no later than .~. ~ ~ ,~~ " r ~ ,..- -' .__`,., , .,. ; ;~~, --~' T- - i 10. ACCEPTANCE. Buyer's offer ism a subject to the acceptance of Seller on or before 12:00 o'clock midnight of . If Seller does not accept this agreement within the lima specified, the entire Earnest Money shall be refunded to Buyer on demand. TIME IS OF THE ESSENCE OF THIS AGREEMENT. Cl See attached Addendum(s). Cl See attached Counter Offer(s). 11. IMPORTANT -AGENCY DISCLOSURE. At trhe, time of signing this agreement the agent working with the buyer represented/_~.,,%1%_- ~-.--- I and the agent working with the seller represented L . ~ '_____;_%'l_.r~ .Each party signing this document confirms that prior written disclosure of agency was provided, ~to/him/h,er in this transaction. Eabfl pa to thrs ttansaction has read and underslaruis thlIe~~c~~o~~ntent~~s oa~f the agency disclosure brochure previously received. Listing Agency: ~LsC s" ~~: !%~c' ': L _=- Selling Agency: /~~"°'`-'~~~ By: ~ , . `~:. / ~ -__~ Phone ~:..<_`` -_ 8 , .. 7- _ Phone:-~~~ ij' !~; Buyer 1~_ ,~„~~ `c+u.-±r _- --- ---- Buyer's Address: _i __ ___ Y /~ -_ -_ _ Buyer's Phone: Residence _ Business On this di(te, I/We hereby approve and accept the sale set forth in the above agreement end agree to carry out all the terms thereof on the part of the Seller. I/We further acknowledge receipt of a true copy of this agreement signed by both parties. Seller: _ Date: _ __ Seller's Address: ___ ____ _ Seller. _ Date: _ __ Seller's Phone: Residence __ Business _-._.__________- A true copy of the foregoing agreement, signed by the Seller and containing the full and complete legal description of the premises, is hereby received on this _ __ _ Jv~ pL'~~ Buyer: --------- ---- day of --------.__- 19 _- .Buyer: ---------------~/ 08 ®~_ ~~ ~_._.._ THE PROVISIONS CONTAINED ON THE REVERSE SIDE OF THIS PAGE SHALL ALSO CONSTITUTE PART OF THE AGREEMENT OF THE PARTIES. EACH OF THE ~, PARTIES ACKNOWLEDGES READING THIS AGREEMENT IN FULL. ,~ Buyer's Initial .~,:' _'`_ V_~~ Seller's initial . __._._ _________ RUYE~~S I~~~.F~hT RE21 REV. 8/91 37 39 39 40 41 42 43 44 45 as a7 48 4s so 51 52 53 54 55 56 57 58 59 so s1 s2 63 64 65 ss s7 se ss 70 71 72 73 74 75 76 n 76 79 80 81 e2 83 84 85 es e7 t" ~ " NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to 11-9-605 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 Meridian, Idaho, at the hour of y~- o'cl ~IxY~Q ~ , 19Q3, ~^r }~':S p'«rrosQ considering the Application of for a variance from the Meridian the property legally described as follows: East Idaho Street, Eck P . M. , on hh Irnodr ou..ce Fence Ordinance at ~~ ~ ay L and known by the address ~ye~a ~V1-C'Q_ ~os~ ff~ The Applicant proposes to .~g1S~rU.G~ Q t~ II~YY~~ ~e,~l1C2 ~sou.~-1~. s-d e~ -~c~ doll ~ - ~1n~ h ~-h e. ~~' s~- bacl~. 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 decision will be furnished one. ~' 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 S. FORREY, A I CP ' ~ ~~ PLANNING DIRECTOR HOLLAND REALTY MERIDIAN FJOt32963 from eye level, at ground level, at all points within the Property. 2.20 ~i„gl 1,,. g~c und. - General , No 1 i ght steal 1 be emitted from any Lot'or Common Area which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any Lot or Common Area which is unreasonably loud or annoying, and no odors shall be emitted on any property which are noxious or offensive to others. 2,21 tr cti During the course of actual construction of any permanent improvements, the restrictions contained in this Declaration and any supplemental declarations shall be deemed waived to the extent necessary to permit such construction. provided that during the course of such construction nothing shall be done which will result in a violation of these restrictions upon completion of construction and all construction shall be diligently prosecuted to completion. continuously and without delays. 2.22 Rt:-Gonstructi_ on_ In any case where it is necessary to reconstruct a Unit or any improvement in the Common Area, said re-construction shall be prosecuted diligently. continuously and without delays from timeleted commencing thereof until such structure is fully comp and painted, useless prevented by causes beyond control and only for such time that such causes continue. 2,23 ai tenance ag~l e a r. In the event the improvements on any Lot shall suffer damage or destruction from any cause. the Owner thereof shall undertake the repair, restoration and reconstruction thereof Within ninety (90) days of such damage or destruction. 2.24 ~ences_ ?.11 fences i;,a - i be a: {t;t t ica I Gt;dar design and construction. No chain-lank fences. grape stake fences or fences of basket-weave design shall be allowed. Side fences on corner lots may extend only from the rear Lot line to rear line of the residence. All fences shall comply with City of Meridian ordinances. 2.25 Plat_ Con itions. All covenants, conditions and restrictions and other matters set forth on all Plats are hereby incorporated by reference and notice is hereby given to the same. 2.2b Frc,,~nt and Side rds. The .front yard of each Lot and the side yard of any Lot which is adjacent to a street must be planted with sod Within twentywhichever shallofirst substantial completion, or occupancy, occur. or as soon thereafter as the weather permits. All remaining portions of the yard area of each uL-ithinusixb{6) planted with sod, seeded and/or landscaped months of occupancy of the Unit. The failure of the Owner tc timely comply with this paragraph shall constitute a failure to perform exterior maintenance and the Association and/or the Grantor so=lanhaotherlprovisionnof thisiDeclaratdfln.in Section 2.3, Y 2.27 clippings, placed or NQ ~umflir~A. No excavation material. grass or yarc rubbish. trash. garbage refuse or debris shall bt a l l o w e d t o r e m a i n o n a n y v a c a n t o r u n i m p r o v e d La t ..__,_.,___,_„_,,,,....,.,.,..- __......_. EXFEI'll -~ P. 01 x ~ p ~ s ~C ~~ a ~ s ~... o t a w a a_ ~' -: m N ~_ 3 0 HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK NIEMANN, Clty Clerk CITY OF M JANICE GASS. Treasurer ERIDIAN BRUCE D. STUART, Water Works Supt. WAYNEG.CROOKSTON,JR.,Attorney 33 EAST IDAHO EARLwARD,waatawatarsupt. MERIDIAN IDAHO 83642 KENNY BOWERS, Fire Chlef r BILL GORDON, Pollee Chief Phone (208) 888-4433 GARY SMITH, Clty Engineer FAX (208) 887-4813 GRANT P. KINGSFOR.D Mayor April 13, 1993 Mr. & Mrs. Mike Redden 1418 N. Vineyards Ave. Meridian, Idaho 83642 RE: Fence Variance Request 1418 N. Vineyards Ave. Dear Mr. & Mrs. Mike Redden: COUNCILMEN RONALD R. TULSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 8 Planning JIM JOHNSON * Approval letter for Mr. & Mrs. Redden who recently filed a fence variance in Phase I of the Vineyards. The Fence Variance Committee of the City of P•teridian met in your presence at 5:00 P.M. - April 12, 1993, in City Hall to consider this request. After consideration of your request, the Committee decided to allot•r construction of your requested six (6) foot high wood fence inside the "side street" setback area subject to the following conditions: 1. The face of the fence shall be set ten (lo} feet from and parallel to the existing back edge of sidec•ralk. 2. The area between the fence and sidewalk shall be landscaped and maintained by you. 3. The board side of the fence shall face w. Sonoma Drive. 4. The granting of this variance does not relieve you of seeking similar variance from the Architectural Control Committee established through your subdivisions protective covenants. If you have any questions don't hesitate to call and thank you for advising us of your desire to vary from our ordinance requirements. Sin erely, Gary Smith, P.E. Chairman, Fence Committee cc. File City Clerk Bldg. Inspector a~