Martin, Richard & NatalieRECEIVED
CITY OF D'IERIDIAN ~ J U L - 8 1994
33 E. IDAHO MERIDIAN, ID 83642 C~`~'"~ (~~' ~~~~ j j~ f.~~~
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
APPLICANT NAME : ~ Gj (p p c,~ ~ /(~~~ ~-~. ~f/~ ~ z~/-/ PHONE ~~ ~J~~ ~/~ `7~
OWNERS NAME & ADDRESS:(If different than above)
PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST BE ATTACF~D)
LEGAL DESCRIPTION OF PROPERTY: Lar#~.~~ #
SUBDIVISION /t1 ~-
PRESENT USE & ZONING OF PROPERTY~eSi(~.Q,~n-~'j Ajl
SCI~NIATIC DRAWING: ATTACH DRAWIlVG SHOWING BUILDINGS , STREErrS & PROPOSID FENCE
SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY
OWNERS (FROM AUTHENTIC TAX RECORDS OF ADA COUNTY) WITHIN T[nT0 HUNDRID (200)
FEET OF THE NAr. BOUNDRIES OF THE LAND BEING CONSIDERED:
DESCRIPTION OF REQUIRII~NTS OF THE ORDINANCE THAT NEED TO BE RIDUCED TO
PERMIT THE PROPOSID FENCE : ~ c~ S(n,~~ S i rye, r7 ~- ~Y8 ~~e%h~ _ ~ ~
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ATTACH APPLICATION FEE OF $ ~'~
ATTACH STATEMENT THAT FENCE IS ALIAWID UNDER THE RESTRICTIVE COVENANTS OF THE
SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PER'T'AINING TO FENCES:
APPLICANTS SIC~TATURE : F( -
DATE RECEIVED 7 8 ~ 9 COMNit'IfiEE HEARING DATE
RECEIVED BY
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~~ J U L - 81994
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1144559
IDCD-3013-C-1
RECEIVED
J U L - 8 1994
CITY CF MEC~tUTA~I
J
[Space Above This Line For Recording Data]
DEED OF TRUST
THIS DEED OF TRUST ("Security Instrument") is made on JULY 08 1993
RICHARD K. MARTIN AND NATALIE K. MARTIN, HUSBAND AND WIFE
("Borrower"). The trustee is BOISE TITLE AND ESCROW, INC.
("Trustee"). The beneficiary is NORWEST MORTGAGE , I NC .
. The grantor is
which is organized and existing under the laws of THE STATE OF MINNESOTA ,and whose
address is MINNESOTA SERVICE CENTER, P.O.BOX 9270, DES MOINES, IA 503069270
("Lender"). Borrower owes Lender the principal su-n of
EIGHTY NINE THOUSAND ONE HUNDRED AND 00/100
Dollazs (U.S. $******89,100.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for
montlily payments, with the full debt, if not paid earlier, due and payable on AUGUST 01, 2023
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals,
extensions and modifications of the Note; (b) the payment of al[ other sums, with interest, advanced under paragraph 7 to
protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purposepBorrower irrevocably grants and conveys to Trustee, in trust, with power of
~.OT' 3e III BLOI:Kes~ri~~d KrE~~RNt~o P~e~C~ SUBDIVISION N0. 2, ACCORDING TO County, Idaho:
THE OFFICIAL PLAT THEREOF, FILED IN BOOK 60 OF PLATS AT PAGE 6021
RECORDS OF ADA COUNTY, IDAHO.
THIS IS A PURCHASE MONEY SECURITY INSTRUMENT.
TAX STATEMENTS SHOULD BE SENT T0: NORWEST MORTGAGE, INC.,
P.O.BOX 9270, DES MOINES, IA 503069270
which has the address of 2248 NORTH DEVLIN AVENUE MERIDIAN [Street, city],
Idaho 83642 ("Property Address");
[Zip Code] Form 3013 9190
IDAHO-Single Family-Fennle Mae/Freddle Mec UNIFORM INSTRUMENT Page 1 or B Amends 6/9/1
~® 6RIID)191os1 VMP MORTOAOE FORMS - 13131293-8100 - 18001621-7291 Inltleis:~/rn~
~' 1
TOGETHER WITH all the improvements now or hereafter erected on the property, and -all easemet$s, appurtenances, and
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.
THIS SECURIT" INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender,' Borrower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes
and assessments which may attain priority over this Security instrument as a lien on the Property; (b) yearly leasehold payments
or ground rents on the Property, if any; (~) yearly hazard or property insurance premiums; (d) yearly ^ood insurance premiums,
if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with
the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items."
Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally
related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of
1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another taw that applies to the Funds
sets a lesser amount. If so, bender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount.
Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including bender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the
Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or
verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such
a charge. However, Lender may require Borrower to pay aone-time charge for an independent real estate tax reporting service
used by bender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or
applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Fu-ids.
Borrower and lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,
without charge, an annual accounting of the Funds, showing credits and debits to the Funds at~d the purpose for which each
debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower
for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any
time is not sufficient to pay the Escrow Items when due,, Lender may so notify Borrower in writing, and, in such case Borrower
shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the detiiciency in no more than
twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale
of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by
this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by L..,nder under paragraphs
1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2;
third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property
which may attain priority over this Security Instrument, and leasehold'paytnents or ground rents, if any. Borrower shall pay
these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly
to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph.
If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in
writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien
by, or de[ends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevc~~t the
enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to
this Security Instrument. If bender determines that any part of the Property is subject to a lien which may attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set forth above within 10 days of the giving of notice.
Form 3013 /90
-GR(ID) lstoel Page 2 0l 8 Inltlals:_ / /`
® ~ K'~'l
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on tltc
Property insured against loss by ftre, hazards included within the term "extended coverage" and any other hazards, including
floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods
that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval
which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's
option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of
paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance ,proceeds shall be applied to restoration or repair of the
Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or
repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the
Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then
Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums
secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application, of proceeds to principal shall not exteucl or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If
under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from
damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument
immediately prior to the acquisition.
6. 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 Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless
extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair t}tc
Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture
action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the
Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may
cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling
that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material
impairment of the lien created by this Security Instrument or Lender's security interest. 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 all the provisions of the lease. If Borrower acquires Cee title to the Property, the
leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the 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, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and
pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may
include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying
reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph
7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the
date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If
substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to
one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to
be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve
Form 301'
-6RIID) ~s~osl veaa s or s i"ieais:
® ~ K~'1
payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period
that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay
fire premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage
insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. 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 lieu of condemnation, are hereby assigned and
shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair
market value of rite Property immediately before the taking is equal to or greater than the amount of the sums secured by this
Security Instrument immediately before the taking, unless Iorrower and Lender otlter~vise agree in writing, the sums secured by
this Security Instrument shall be reduced by rite amount of life proceeds mullipliecl by the following fraction: (a) rite total
amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately
before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair
market value of the Property immediately before the taking is less than the amount of the sums secured immediately before tl~e
taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall
be applied to the sums secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an
award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums
secured by this Security ]nstrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification
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 t. a liability of the original Borrower or Borrower's successors 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 amortisation
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 rite
exercise of any right or remedy.
I2. 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 17. 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.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,
and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the
loan exceed rite petmitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the pertitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to
Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct
payment to Borrower. If a reCutid reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing
it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address
or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to
Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this
Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law; Severabllity. This Security Instrument shall be governed by federal law and the .law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note
conflicts with applicable law, such conflirt shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared
to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
Form 3013 9190
-6RItD1 Is~osl Pepe a o~ a i„iiiai,;~~l
® n~~~
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it
is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without
Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this
Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date
of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not
less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to Dave
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in Ihis
Security Instrument; or (b) entry of a jud;ment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays
Lender all sums which then would be clue under this Security Instrument and the Note as if no acceleration had occurred; (b)
cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument,
including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure
that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by
this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the
obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall
not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known
as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one
or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be
given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and
address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other
information required by applicable law. ~:
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action 1,•~ any
governmental or regulatory agency or private party involving the Property and any 1{azardous Substance or Environmental Law
of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that
any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take
all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances deCmed as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flarnrnable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
this paragraph 20, "Environmental Law" means federal laws and laws of tl~e jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach
of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless
applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default;
(c) a date, not l~s than 30 days frorn the date the notice is given to Borrower, by which the default must be cured; and
(d) that failure to cure the default on or before the date specified in the notice may result in ncceleralion of the sums
secured by this Security Instrument and sale of the Prope~~ty. The notice shall further inform Borrower of the right to
reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any oilier
defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice,
Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without
further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be
entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not lirniled
to, reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of tl~e
occurrence of an event of default and of Lender's election to cause the Property to be sold, and shall cause such notice to
be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail copies of the notice
as prescribed by applicable law to Borrower and to other persons prescribed by applicable law. Trustee shall give public
Form 3013 9/90
-6RIID) Is~os- Pepe s or s i"icieis:_~ ~f~
® ~I`-1„n
IDC6-3013-C-6
notice of sale to the persons and in the manner prescribed by applicable law. After the tune required by applicable law,
Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and
place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines.
Trustee may postpone sale of all or any parcel of the Property by public announcement at the tune and place of auy
previously scheduled sale. Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's decd conveying the Property without any covenant or warranty,
expressed or implied. The recitals in the Trustee's decd shall be prima facie evidence of the irutlr of the statements made
therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, I~ut
not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any
excess to the person or persons legally entitled to it.
22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security
Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally
entitled to it. Such person or persons shall pay any recordation costs.
23. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a successor
trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the
title, power and duties conferred upon Trustee herein and by applicable law.
24. Area and Location of Property. Either the Property is not more than twenty acres in area or the Property is located
within an incorporated city or village.
25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
J Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement _
the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)]
Q Adjustable Rate Rider ~ Condominium Rider Q 1-4 Family Rider
Q Graduated Payment Rider Q Planned Unit Development Rider ~ Biweekly Payment Rider
Balloon Rider Q Rate Improvement Rider Q Second Home Rider
V.A. Rider ~ Other(s) [specify]
BY SIGNING $ELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and
in any rider(s) executed by Borrower and recorded with it.
Witnesses:
(Seal)
R ARD K. MARTIN -Borrower
(Seal)
NATAL E K. MARTIN -Borrower
_ (Seal)
-Borrower
-- ,..,cal)
-Borrower
STATE OF IDAHO, ADA County ss:
On this 8TH day of JULY , 1993 ,before me,
a Notary Public in and for said county and state, personally appeared
known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that he
executed the same.
In witness whereof I have hereunto set my hand and affixed my official se ~ay and y to this certifi/cite 1"rst ve
written. .~~~fa%. n ~i1~/ ~ ~~
Public residing at:
~® 6RtIDl is~os- Peae a or a Form 3013 9190
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 East Idaho Street,
Meridian, Idaho, at the hour of 4:30 o'clock P M., on Monday. August 15, 1994, for the
purpose of reviewing and considering the Application of Richard and Natalie Martin for
a variance from the Meridian Fence Ordinance at the property legally described as follows:
Lot 3. Block 4 Kearney Place Subdivision No. 2 and known by the address 2248 N.
Devlin Avenue, Meridian, Idaho 83642. The Applicant proposed to install a fence on the
south side of the gropertv 19'8" from the sidewalk. this would require a 2'4" variance.
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 27th day of Jules, 1994.
.~X
~~~~~~
WILLIAM G. BERG,. J ., CI CLERK
RECEIVED
J U L - 8 1994
~'
Z
2
HUB OF TREASURE VALLEY
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Waler Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-221 I
GRANT P. KINGSFORD
Mayor
August 15, 1994
Mr. & Mrs. Richard Martin
2248 N. Devlin Ave.
Meridian, ID 83642
RE: Fence Variance Request
2248 N. Devlin Ave.
Dear Mr. & Mrs. Martin,
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Administrator
JIM JOHNSON
Chairman -Planning 8 Zoning
The Fence Variance Committee of the City of Meridian met in your presence at 4:30 P.M. -August
15, 1994, in City Hall to consider this request. '
After due consideration, the Committee decided to allow construction of the proposed six (6) foot
tall wooden fence as you proposed contingent on the following:
1. The face of the fence shall be set 19' - 8" from the sidewalk along E. Chateau Avenue.
2. The area between the fence and sidewalk shall be landscaped and maintained by you.
3. The board side of the fence shall face E. Chateau Avenue.
4, The City of Meridian has no jurisdiction in the enforcement of the provisions of your
subdivisions Protective Covenants. Since this is a variance to a provision of your covenants
we suggest you also contact your Homeowners Association.
5. Please obtain a fence building permit from City Hall prior to beginning construction.
Thank you for complying with the City ordinance in requesting this variance.
Sinc ely,
Gary D. mith, P.E.
Chairman, Fence Committee
cc: File
City Clerk
Building Inspector
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 applicant desires to obtain a
variance trom the rovts~ons of this ern - -
s a no a rea a as a var ance
ursuan o t e rov s ons o - or -- o
e ev se an om ed- r nances an a roce ure
or suc a var ance s a no a overne e
a orement oned two sections. here sha be a s ecia
proce ure or var ances rom ~s ence or Hance
which sF~l a
a. The owner
for a fence as o ows
or applicant shall file
variance with the Cit
an application
Clerk which
app scat on s a state e o ow ng:
1. Address of subject property;
2. Name, address and phone number of applicant;
3. .N~,ame~a_ddress and hone number of owners of
the subjec proper y;
4. Proof of ownership;
5. Legal description of subject property;
6. Present use of subject property;
7. Zoning of the subject property;
8. -Schematic drawing of the building a_nd
proposed ence;
9. List of the mailin addresses of all
ro ert owners rom au en ~c tax recor s
o a count wit n eet o the
ex erns oun arses o e an e~ng
cons erect;
10. Minimum re uirements of this ordinance that
nee o e re uce o ermi a ro ose
ence;
11. An application fee established by resolution
o e ounc i
b. U on recei t
~
'
~ of the fence variance ap plication
die Zvn
i
mi
isirat
at no ice s may a or sha se a earin
ors c ass ma an see
to a
owners o ro er with n eet o e ra us o
e su ect ro ert w Bch hear n sha e e not
sooner an a s a e•r a ma n o e re u ire
no ice an no more an a s a er may n o e
re u re not ce. a no ce o Baring oes not nee
~v ve puoiished in t he o~~3cia newspaper.
c. The hearin
~e established b this subsection
con ucte
comm a ence var ance commi ee
. ee s a a comprise o e~ n sneer
er an o ce
9 A A w w a one ounc em er an.
shall
w ~c
zne
~e
____---• ..••.. .. .,.~~~~ r~ernver. A Quorum 0 say
Comm tee s a e a min mum o t ree mem ers o t o
comma ee.
d. U on hearin the re uest for-the fence variance
die Comm ee s a eat er a rove or en or a rove
wit con Mons a ap ica ion or ence var ance;
at no wr t en in in s o act s a e re uire ut
a wr ten ec soon s a a wr ten o e a scant
an to an party reques ng written noti Ica ion o
ine decision a e Baring
e. APPEAL. An a reeved art ma a eal the
decision o e commi tee erect o t e it ounce
ursuan o ec ion -
i L1U~LU111V rCiu'Il ~ 1J ".Cl1U1HCU rux HLL rtlVl:t~'r"1]~UtU
ALL FENCES FACING GOLF COURSE MUST HAVE A GATE
Fence Regulation
INSIDE LOT Property Line
[/
Property
line
.•~
I~ r ,
/ I '
;Il;il ®~
3' Solid Fence
or 4' Open Chain
Link Type Fence
in Front of Setback
Fence Regulation
CORNER LOT
:.
Line
20'`SeEback
~,.
/ ~
r ~
~ ° ,~ f 20' Setback
3' Wood or Solid Fence
or 4' Open Fence
30' ~ -~0
Site Triangle 3' chain Link -
\ \ or Open Fence
CITY OF MEAIOIAN
33 East Idaho
aBB~+i33
16' Solid or Open~Fence
Behind Set Beck
Property `"
Line-~
ee~f
S~~
~ l~a:e Open Access *~
to Water Meters
and Fire Hydrant
**(4'X4' ground area)
6' Wood, Solid
or Open Fence
%\
3' Wood or Solid Fenc
or 4' Open Fence
tteeL'
~S