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Fenway Park FP CENTRAL •• DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 1455 N. Orchard • Boise, Idaho 83706 • (208) 375-5211 92-218 Serving Ada, 9oise, Elrtrore, antl Valley Counties April 16, 1992 Boise County Ottke 1655 N.Orchard Boise, ID 83]06 Nursing: 3755211 Environrnemal Hearcn:3]s-sz3o DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET Eln!rna coanty oxke szoE.emsueetN. HOISE ID 83702 Mountain Homa, ID 8364] se]r4o] RE: FENWAY PARK Dear Mr. Navarro: Elmore County Ottke of Environmental Health 19e s. a,n sveet E. Mountain Home. Central District Health De art merit P ~ Environmental Health ID 33x4] Division has reviewed and can approve the final plat on this 587-9225 subdivision for central water and ce ntral sewer facilities. Final approval was given on April 15, 1992. Valley County Office ; os3s x~ e No lot size may be reduced without prior approval of the l l M 3 ~-]1%+ health authority. If you have any questions please call. Sincerely, T~~~ ~' /~ Thomas E. Schmalz, E:fi.S. Senior Environmental Health Specialist cc: Tom Turco, Director HUD City of Meridian Hubble Engineering William Buckner TS:ima SU~IVISION EYALUATION S~ Proposed Development Name FENWAY PARK City MERIDIAN Date Reviewed 01/02/92 Preliminary Stage Final XXXX}LXX Engineer/Developer Hubble Ener / Date Sent The following SUBDIVISION NAME is approved b the Ada County Engineer or his designee per the requirements of the IDAHO S TE FENWAY PARK X ~ Date ~ - Z -9L The Street name comments listed below are m~ie by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of t Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following_existing_street names shall annear on the plat as• "S.W. 12TH AVENUE" "W. KIMRA STREET" "W. PENNWOOD STREET" The followine new street name is annroved and shall annear on the olat as: "S PENNANT PLACE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME ITTEE. ALL of the signatures must be secured by the represe to ive or his/de ignee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, E CY PRES NT TIVES OR DESIGNEES .I~ % Ada County Engineer John Priester '"l Date / Z ~Z Ada Planning Assoc. Terri Raynor Date ~ ~ ~ '~--' Meridian Fire Dept. Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index _~treet Index Map NUMBERING OF LOTS AND BLOCKS • • SUPE RINTENDENT OE SCHOOLS Dr. Nick Hallett OR EX(E.( DEPUTY SUPE RINTEN DENT ( Dan Mabe, Finance & Administration F /~~ _ ~ ASSISTANT SUPE RINTEN DENT ,"rjjjjjV/.`^ T Bob Haley, Instruction & Personnel DIRECTORS Jim Carberry, Second ary Darlene Fulwood, Elementary ~~ JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083642 PHONE(208)888-6701 January 10, 1992 Meridian City Council 33 East Idaho Meridian, Idaho 83642 Dear Members: I have reviewed the preliminary plans for Fenway Park Subdivision and have concerns about approving such a subdivision with no provisions being made to house additional students in our schools. The addition of Pioneer Elementary will provide some relief at the elementary level, but our secondary schools continue to become more over-crowded. We need help and support to provide adequate classroom space. I have two additional comments that may be on interest to you. The first is that busses may not enter the subdivision until our transportation director has inspected the turns for radius. The second is that these children may not attend the most local schools currently serving the area. It may be necessary to transport them to any school in our district with available space. Sincerely, Dan Mabe Deputy Superintendent DM:gr MERIDIAN CITY COUNCIL JANUARY 7, 1992 PAGE 3 POSt•It'" brand fax transmittal memo 7G71 M of pages . Z, •° ~ Q y~ s a. c 5- co. _ c~. ~ s rc \ J ~o/ D pt. Phone Fez H Faz tl ITEM #2: ELECT COUNCIL PRESIDENT: The Motion was made by Giesler and seconded by Yerrington to elect Ron Tolsma as Council President: Motion Carried: All Yea: Kingsford: Next is to reappointment all the Department Heads - Chief of Police, City Clerk, Treasurer, City Engineer, City Attorney for another year with the approval of the Council. The Motion was made by Giesler and seconded by Tolsma to approve the appointment of the Department Heads. Motion Carried: All Yea: Kingsford: The next item - we have a Commissioner who's term has expired and he has agreed to serve again. Charlie Rountree's term on Planning & Zoning has expired and I'd like to reappoint him for a six year term. The Motion was made by Tolsma and seconded by Giesler to approve of Charlie Rountree for another six year term. Motion Carried: All Yea: ITEM ~ 3 ~ $~lAlt~r, •:~??3"'~Q~~`t1~[~,'~ <;,gJk1tA $LiHDi V I $ I ON Giesler: I'd like to ask if there is anyone present from Crestwood Home Owner's Association or if they were invited? Tolsma: I'm sure Bob is concerned about the R.V. lot and the tennis court. Jerry Iverson, I'm here representing the subdivision owner/developer Bill Buckner. In reference to the R.V. Parking and park facility for Crestwood Estates Subdivision Homeowners Association, we have entered into a purchase agreement with T 6 R Development and the Homeowners setting aside the ground that we have designated for that facility. We are just waiting on them to decide on what they are going to build there. They are on hold until Spring or summer because of weather. Giesler: I would like the Counselor's guidance, I just want to make sure that we are covered on these items for the homeowners that are already in there. What recommendation do you have? The actual application I don't have a problem with but I just want to make sure we are covered. MERIDIAN CITY COUNCIL JANUARY 7, 1992 PAGE 4 ~~~~~ ~~s ~~ Kingsford: We did receive a letter that was signed by the Homeowners President, it was not signed by the Secretary. Does that constitute a problem? Crookston: It doesn't, the President represents the Association, he had the authority to commit the association. It's certainly more technical if it is attested by the Secretary. Is your purchase agreement, is that notarized? Is it something that can be recorded so that it acts as a lien on the property? Iverson: We could do that. Crookston: As I understand it you are the seller of the property to them? Iverson: Mr. Buckner is. We are moving the R.V. site to another parcel and we've entered into an agreement with T & R Construction for the purchase of that property from Mr. Buckner on behalf of the homeowners. - Then T & R will be putting in the improvements, the development and then deeding the property to the homeowners association. Crookston: I think it would be appropriate to have something recorded so that that property is encumbered with that agreement. Iverson: That would be fine. Crookston: You could do a memorandum of purchase and have that recorded. Iverson: Whatever you would like. Thy l!e?3r .;`+~:by Tolsma and seconded by Yerrington to approve the Pi'al'Fiat`on 8sww,ay Park Subdivision providing we get a recorda~ake memorandum for the R.V, lot or tennis court. Motion Carried: `Aki Yea: ITEM #4: COVENANTS ON FENWAY PARK SUBDIVISION: The Motion was made by Giesler and seconded by Yerrington to approve the Covenants conditioned upon City Attorney and City Engineer approval. Motion Carried: All Yea: MERIDIAN CITY COUNCIL JANUARY 7, 1992 PAGE 4 Kingsford: We did receive a letter that was signed by the Homeowners President, it was not signed by the Secretary. Does that constitute a problem? Crookston: It doesn't, the President represents the Association, he had the authority to commit the association. It's certainly more technical if it is attested by the Secretary. Is your purchase agreement, is that notarized? Is it something that can be recorded so that it acts as a lien on the property? Iverson: We could do that. Crookston: As I understand it you are the seller of the property to them? Iverson: Mr. Buckner is. We are moving the R.V. site to another parcel and we've entered into an agreement with T & R Construction for the purchase of that property from Mr. Buckner on behalf of the homeowners. - Then T & R will be putting in the improvements, the development and then deeding the property to the homeowners association. Crookston: I think it would be appropriate to have something recorded so that that property is encumbered with that agreement. Iverson: That would be fine. Crookston: You could do a memorandum of purchase and have that recorded. Iverson: Whatever you would like. The Motion was made by Tolsma and seconded by Yerrington to approve the Finai Plat on Fenway Park Subdivision providing we get a recordable memorandum for the R.V. lot or tennis court. Motion Carried: All Yea: ITEM ~4: COYSNA~ITB O!E F$A9AY $1&RR SOBDIVISION: The Motion was made by Giesler and seconded by Yerrington to approve the Covenants conditioned upon City Attorney and City Engineer approval. Motion Carried: All Yea: COMMENT S 1: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED: WILLLSM BUCKNER FINAL PLAT FII~7WAY PARK (FORMERLY CRESTWOOD) 2: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER: 3: NAMPA MERIDIAN IRRIGATION: SEE ATTACHID: ~ 4: BUREAU OF RECLAMATION:SEE LETTER ATTACHED: ~ 5: CITY ENGINEER: SEE ATTACHID COAM'~ITS: ~ 6: POLICE DEPT: NO OBJECTIONS TT THIS DEVEIfJPMENT: ' 7: FIRE DEPT: NO P1~RT•FMR AS LONG AS W. KIMRA OR W. PENNWOOD OR S. PENNANT IS DEVETIJPID LATER: 8: ZONING ADMINISTRATOR: THE MAYOR & COUNCIL NEED TT MAKE SURE THAT THE HOMEOWNERS IN CRESTWOOD ARE SATISFIED WITH THE RVP IpT & TENNIS COURT THAT IS BEING MOVID FRGM A PART OF THIS PLAT TT ANOI73EF2 IgCATION BEFORE APPROVAL IS GIVEN: THEY ALSO SHOULD HAVE SOME KIND OF GUARANTEE THAT THE RVP LOT & TENNIS COURT WILL BE BUILT: cc~nc GLENN J. RHODES. President CHARLES L. WINDER, Vice President JAMES E. BRUCE. Secretary William Buckner 3 McDonald Circle Andover MA 01810 Re: FENWAY PARK SUBDIVISION -PRELIMINARY PLAT ADA COUNTY, IDAHO September 20, 1991 On September 19, 1991, the Commissioners of the Ada County Highway Dis- trict (hereafter called "District") approved the Preliminary Plat as stated below: FACTS & FINDINGS: 1. Fenway Park _is an 86-lot single family residential subdivision located at the end of SW 12th Avenue, south of Franklin Road; 4,623-feet of new public streets are planned. The subdivision will be constructed in 2-3 phases . 2. SW 12th Avenue has 60-feet of right-of-way (which is adequate), and has a 41-foot curb section, sidewalk on the east side, but the asphalt has deteriorated to a virtually unusable state from Crestwood Drive to the north boundary of subject development. 3. Kimra Street, abutting parcel, has 50-feet of right-of-way (which is adequate), and is fully improved. 4. Crestwood Drive, abutting parcel, has 50-feet of right-of-way (which is adequate), and is fully improved. 5. Pennwood Street, abutting parcel, has 50-feet of right-of-way (which is adequate), and is fully improved. 6. There appears to be an odd shaped parcel of land along the south boundary next to the Ten Mile Lateral which may be land locked with no public access. It may need a public street stubbed out to it. SITE SPECIFIC REQUIREMENTS: 1. Provide a fully improved street section for SW 12th from Crestwood to the parcel. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 William Buckner • September 20, 1991 Page 2 STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Written approval shall be obtained from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. Obstructions (utility facilities, irrigation and drainage appurtenances, etc.) shall be relocated outside of the proposed street improvements. Authorization for relocations shall be obtained from the appropriate entity. 5. Existing irrigation and drainage systems shall be continued across par- cel. 6. Three sets of street construction plans shall be submitted to the Dis- trict for review and appropriate action. 7. Site drainage plans and calculations shall be submitted for review and appropriate action by ACHD. The proposed drainage system shall re- tain all storm water on-site. 8. Driveways shall be located a minimum of 5-feet from the side lot proper- ty lines. 9. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with zoning file number) for details. 10. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. In order that the Final Plat may be considered by the District for accep- tance, the Developer shall cause the following applicable standard conditions t0 be Satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. William Buckner • • September 20, 1991 Page 3 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-ofway, the following shall be submitted and subject to review and approval by the District: a. Two complete sets of detailed street construction drawings pre- pared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the Dis- trict to guarantee the completion of construction of all street im- provements. 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Road Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. contact me at 345-7662, should you have any questions. 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H y Rj a7 -i ~ .. .-.~ w ~a rt~ ['j] Z 3 2 O z ~ ~„3 w o n ~ r7o m ~ a Z C7 0~, m z cab I- tip"' w 0 tn0 C n •. n yy ~ ~ Orb ~ Gm • m r. m rD w O t..l ~., rt £ n w o n o n m v~i~ b H m N r• r. 2 ti y 3 ~ U 0. n a y c, m y m a n s y~ G m I.. ~G q O O K y v a S .w~* ~ " • • TAItF~~ ~ ~~'~~ United States Department of the Interior ~ ~~ BUREAU OF RECLAMATION - ~'a ~ o/~' ~ CENTRAL SNAKE PROJECTS OFFICE ~ s - 214 BROADWAY AVENUE ~ ~ BOISE, IDAH083702-7298 rv REri} REFER T0: 320 December 18, 1991 Meridian Planning & Zoning Commission City of heridian 33 East Idaho Avenue Meridian ID 83642 Subject: Review of Fenway Park Subdivision Plat (Zoning Review) Dear Meridian Planning & Zoning: This subdivision's storm water will run off into Reclamation's Ten Mile Drain, operated and maintained under contract by the Nampa Meridian Irrigation District. All storm water discharges to these drains require a permit from Reclamation. This is our first opportunity to review this project. We don't have any drainage plans or calculations to base a review on. We request final plat approval be withheld until the overall storm water runoff design is reviewed by Reclamation and Nampa Meridian Irrigation District. Assuming BMP infiltration/detention and treatment satisfactory to Reclamation and the Nampa Meridian Irrigation District, Reclamation can then issue a discharge permit. Once permitted, this project can make an orderly addition to your community. Please contact John Caywood of my staff (ph. 334-1463) if we can be of any assistance. Sincerel Q '~ errold D. Gr Project Supe i tendent cc: Nampa Meridian Irrigation District • HUB OF TREASURE V • ALLEY A Good Place to Live OFFICIALS JACK NIEMAN N, City Clerk CITY OF 1VIERIDIAN JANICE GASS, Treasurer BRUCE D. STUART, Water Worke Supl. WAVNE G.CROO KSTO N,JR., Attorney 33 EAST IDAHO EARLwARD,waatewetersupt MERIDIAN, IDAH083642 KENNY BOWERS, Fire Chief BILL GORDO N, Police Chiet phone (208) 888-4433 GARY SMITH, City Engineer FAX (208) 887-4813 GRANT P. K]NGSFORD Mayor MEMO__RANDUM December 30, 1991 T0: MAYOR, CITY COUNCIL, CITY CLERK RE: FENWAY PARK SUBDIVISION FROM: GARY SMITH, P.~l~w COUNCILMEN RONALD R. TOLSMA J.E. BERT MYERS ROBERT GIESLER MA%VERRINGTON Chairman Zoning 8 Planning JIM JOHNSON I have reviewed this final plat and covenants submittal in accordance with City Standards and have the following comments: A. PLAT_ FRONT 1. Minimum House Floor Area - Decrease the number of 1200-1299 S.F. dwellings by one (1) and increase the number of 1300+ S.F. dwellings by one (1). 2. What becomes of the Bureau of Reclamation property adjacent to Lots 3, 4, 8, 9, 10, 11, 12 - Block 3? As the plat exists this parcel is landlocked. Maintenance will be impossible because the Ten Mile Drain access road is along the south side of the drain. Can a 30 foot wide strip along the northerly side of this parcel be obtained from the Bureau and added to the adjacent lots? 3. The boundary length along Ten Mile Drain, shown as 421.47 feet, calculates as 419.47 feet when the individual lot widths .are added. 4. Nampa & Meridian Irrigation District has previously informed me that Ten Mile Drain is to be referred to as a "drain". 5. If Pennwood Street could be extended to Franklin Square Subdivision much better access would be available for fire trucks, school buses and garbage trucks. B. PLAT BACK 1. Certificate of Owners - a. 14th line from top - should 421.47 feet be 419.47 feet? b. 18th line from top - should the North 85 30'00" West be North 85 30'00" East? c. 4th line from bottom - should South 35 54'39" East be South 35 54'30" West? d. To comply with Idaho Code Section 50-1334 (2) add the following statement - "All of the lots in this plat are eligible to receive water from the City of Meridian Municipal System." e. Owners need to sign the plat. 2. Certificate of Surveyor - Surveyor needs to stamp and sign the plat. C. 1. Page 1: In the title and paragraph No. 3 and No. 4 the subdi vision is referred to as Fenway Park Subdivision No. 1. The p lat is titled Fenway P ark Subdivision. 2. Page 3: Article III, Item 2 -What does the first part of the first sentence mean? What other signs would be used besides "for rent" or "for sale?" 3. Page 5: Article IV, Item 2 - What does this paragraph mean? 4. Page 6: Article IV, Item 7 - Insert "water and" prior to ".... wet sewer. ." Article IV, Item 7a - Insert "and water" prior to "...charge must be paid...." and prior to "...system, according to..." 5. Page 7: Article IV, Item 10 - Dwelling square foot area designations do not compare with what is shown on the plat. 6. Page 8: Article IV, Item 18 - The perimeter fence allowable height is subject to setback dimensions as though it was a lot fence. 7. Page 13: The year date shown in the signature block should be 1992. CENTRAh DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Rezone # 1. 2. 3. 4. 5. 6. Return to: Boise Eagl e vMeridian _ Kuna ACZ We recrnmend denial of this proposal. Specific lmowledge as to the exact type of use must be provided before we can cament on this proposal. We will require more data concerning soil conditions on this proposal before we can carrtent. We will require more data concerning the depth of (high seasonal ground water)(solid lava) fran original grade before we can ccmmnt concerning individual sewage disposal. We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. `~ We can approve this proposal for: (Central sewage Interim sewage Individual sewage _ Community sewage systen and ~Ceentr~~al~~water Individual water _ Crnmunity water well. 8. '/ Plans for K,entral swage Commmity sewage systan Sewage dry lines, and '~zntral water Comn~u~ity water must be sutmitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. `~ Street runoff is not to create a mosquito breeding problan. 10. _ This department would recrnmend deferral until high s~sonal ground water can be determined if other considerations indicate approval. 11. _ If restroom facilities are to be installed then a sewage systan MUST be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be sutmitted fora plan review for any (food establistrnent)(beverage establistment)(swimrdng pools or spas)(grocery store). 13. We have no objections to this proposal. O 0 0 ~ ~ Q H J ° q co M ~ t•1 Z z O. ,a N v H o H ~n F-I U z i- C w z J "" ~ ~-+ ~ ." O Q J a Y U _ ~ G7 ~a ~ CD ~ ~ m a~ ~ a U Z ~.. ~ J ~ a J i-r G+ W ~"~ J Y ~ k7 ~Si`-i Z ~ Q', H N W ~~ ~; H F F W J o O E ~ ~.-~ . H ~ U E ~ W ~ z W ~ ~ U O F H O w o ~ ~ ~' F Ey g ~ o E o LL ~ ~ Q z N U W Z 3 L[7 LY fl Z ' Q: H y ¢ 0 (~ ~+ c~ a ~ x tai w Z H W 0 S CG O O ~ H Z ~ O O ~[~O OQ H N a 44 a CUJ ~~ CZ Ol £ LQ M ~,a7 H 8 ~' W ~ 2 ~ ~a rn rn sa F~Fprn rn UW F ~ ~ ~ Y Y w ~ ~ ~~ ~ ~~_ ~ z°~Z Z QH 47 U1 ,7 7 t'i ~d U 2. Q~ ~ 0 w Q O z w J M U Z 0 U Y U W N ~ ya' a ~~y C~ V] ~ W ~ p~ W ~ "p' ~ ~ w x Q ~ a vE1 H W £ 3 •7 ~7 L] U ~ h ~ F ~ a° ~ ~ ~ ~ ~ ~ ~ ~ U H H m H 8 m Q H • ~~ 1\\,~J v n< f ~_ ~ ~. (iV~ ~t _ ~ ~ Q ~] J z a O S 4 H a ~ a ,¢ m w `~ E J ~ a U ~ w a O v~ x N O H `~ ~~ `^J, O _ 1 -lt 1 O U 4 f~ .~ v J J V O d y F~ V1 2 ~` V ~ ~+" C~ ~ ~ ~ 1 N z 0 a a a a z H W ~d _ N >+ ~ _ Z O H Z >+ C a a a a ° ¢ a a z Q s ~ a ~ + ~ ~ r ~ Z W W S O ~ ~ UFj £ ~ a O H a ¢ p a E a~ z 55H~{ ~ H ~ o ~ ~ a o bS F N a ~ ~ ~ F ~ d '' i a a H H H H Q Q ~~ W v i LY1 ~ ~ ra/~ .y Q33 W Z M O ~ rr77 1 lll Wiii lll `1 p 4 eal ~ y F ~ ~ ~~rr ..77 p Q U r Z ~ ~ p £ E~ Z a i f i ~ i i i ~ F-1 3 ~y (A O v m ~ O ~ C b o z kf ff ; ~~ ~ j jjj , o ~ro q m ~ ~ r ~ ^ ~ ~ z ~ ~ ~ ro z ~ Z ~ ~ 3 t -~ d b H H Fj r 3 4 i -t 4~ H O 3 R+ z H O R+ Z ~T] M H r Z H q z ro r r H r O C ^ O H H K Z H Z v K 3 .._. ~ ~7 H z ro a H r K 'm ~ ~~ q q ro r v .ro O M N ~ ~ H T K H r y O C Z H q H N ~Z O C] H O 'sJ C~] ~ m H r H 3 c z ~ ~ H q E H ro z° b K H a+ ~~ n H q FC v H C+7 A7 E ~ !n ~, m z, H z I~. ~ I~ ~ d ~ I~p rCi ~ ~ y ~ I C [9 ~ ~ cyzi z I ~ H ~ I~ ~ H I~ trO-' O ~ I ~ H ~ ly 3 [~ b ~ IO ~ ~ O C9 I4 3 ~ I~3j [+7 r ri y I4 3 O z i ~ n ~. K 0 c z n r a 0 m z m ~ ~ro~ a a H ~v n a ~ ~c H o ~ [a < yy H n C yy h V N b7 v H 3 V O ~ H ~ H b~ ~ ~ ` ° mvzio J m y gyy (n] c ~ O H ~ _ o ~ n~ rm m ~~'+77 ~ CC ;~pO W .~ C [rJ T H ,D !Q 27 N~~ o = ro ~ ~~ CC'7 bb r H z o m p ro n -~ c`~ r H ~~ H .. E o m ~ r Z r y z T z ' ~ n mq ~ ~ f i~ E S a z ,~ ~ 7c aro 3 rD a z 3 a y Pl 'r9 ~ r ~- ~ N C f O W r ' KK .p7 ~ ~ ~ a + z ~ w ° K ~ c ~ C O n r z ~ l-: 7 [~7 c 7 t il ~ 33O H o z ~ ~ t c~i~ ~-+ v~ m p a r t~J Z D 3 m x O z z c~0 r W ~ w O " ' z o m q 0 a H K o~ , in d O Z n m Nr" ~ H i V m z ~ r-i cn 3 •• d typ dO HU o m I O a O y 5 H m cc~rc GLENN J. RHODES, President CHARLES L. WINDER, Vice President JAMES E. BRUCE. Secretary William Buckner 3 McDonald Circle Andover MA 01810 September 20, 1991 Re: FENWAY PARK SUBDIVISION -PRELIMINARY PLAT ADA COUNTY, IDAHO On September 19, 1991, the Commissioners of the Ada County Highway Dis- trict (hereafter called "District") approved the Preliminary Plat as stated below: FACTS & FINDINGS: 1. Fenway Park is an 86-lot single family residential subdivision located at the end of SW 12th Avenue, south of Franklin Road; 4,623-feet of new public streets are planned. The subdivision will be constructed in 2-3 phases . 2. SW 12th Avenue has 60-feet of right-of-way (which is adequate), and has a 41-foot curb section, sidewalk on the east side, but the asphalt has deteriorated to a virtually unusable state from Crestwood Drive to the north boundary of subject development. 3. Kimra Street, abutting parcel, has 50-feet of right-of-way (which is adequate), and is fully improved. 4. Crestwood Drive, abutting parcel, has 50-feet of right-of-way (which is adequate), and is fully improved. 5. Pennwood Street, abutting parcel, has 50-feet of right-of-way (which is adequate), and is fully improved. 6. There appears to be an odd shaped parcel of land along the south boundary next to the Ten Mile Lateral which may be land locked with no public access. It may need a public street stubbed out to it. SITE SPECIFIC REQUIREMENTS: 1. Provide a fully improved street section for SW 12th from Crestwood to the parcel. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208j 345-7680 William Buckner • • September 20, 1991 Page 2 STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Written approval shall be obtained from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. Obstructions (utility facilities, irrigation and drainage appurtenances, etc.) shall be relocated outside of the proposed street improvements. Authorization for relocations shall be obtained from the appropriate entity. 5. Existing irrigation and drainage systems shall be continued across par- cel 6. Three sets of street construction plans shall be submitted to the Dis- trict for review and appropriate action. 7. Site drainage plans and calculations shall be submitted for review and appropriate action by ACHD. The proposed drainage system shall re- tain all storm water on-site. 8. Driveways shall be located a minimum of 5-feet from the side lot proper- ty lines. 9. A right-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with zoning file number) for details. 10. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. In order that the Final Plat may be considered by the District for accep- tance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. • • William Buckner September 20, 1991 Page 3 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-ofway, the following shall be submitted and subject to review and approval by the District: a. Two complete sets of detailed street construction drawings pre- pared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the Dis- trict to guarantee the completion of construction of all street im- provements. 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Road Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. contact me at 345-7662, should you have any questions. ADA ~bUNTY HIGI~AY D$STRICT T/e cc: evelopment Services Chron City of Meridian Hubble Engineering In I I I Iro ( I~ I Iro I~ I H IO l4 I I` zHz O Cys] O~~ ~3a7 3~ H ~ H C '.17 O ~7 O H H Q H ~j H ~ H ~ b ~ H N HK, ~ ~ H [~J cH" ~ X b7 y ~ ~ 3 ~ 3 [a 3 Y O r b ro v v () D [=7 F[s~] G7 m ~r1 In b 4 C H I r ~tyy~ y HH ~' 3 ~ ~~p H VyI '.O H T. ro l1i ~ Ir-1 O 0s1 Z ~ ~ O gZ ~Zp7 Z ~ ~ H H ~ yC 'yAH ~ ~ H ro ~ ~y+ b Cn ~ ~ H L7 ~ ~n 5 [~J ~ b y G~ ~ Uri ~ ~ O 7 H Z r ~ ~`a ~ ~ ~ ~ 0 8 ~ ~ ~ ~ ~ H ~i ro o ~A m 1! H H o ro H ~i z~~~ v~ Z ~ 3 H O y H H ~ H c, rri a+ 3 H O ~ Z .3 ~ H Z 4 H ~+7 b ~ 3 n ~~YaOG!~T1 ~r++ 2 H ~ O ~ Y ro VI `~+ o v ro H ~ CC c -~ r O H ~ r z n r 3 z ~ Z O z ro z o ~ v q K n Z ~ v ~ r n n~~m~ [%~ c c 5~5 d fZi~ y3 H K ~q ~ ~ Ho V' Nmm~~ rW K ~ fC fCHH 9~ O ~ o ~ q O z c [n H y [ " H z o O ~ ~ m O m ~ m m y z n ' ~ r m ~ ~ x z [n ~ ~ r O ro n z r N o o n z y o ~ ~ H a = ~ O `9 r n .. y ~ o r m H K H H Z ~ ~ m z ~ ~ lTJ cn 3 C1 ~-i s r H o H n A H 5 H ~ ~ m zo m J yZ ( ~ H ~ U1 O d r r H p7 to rtn ~ m ~~ ~ m ~ ~ m cn n .. HH z ~ ~ G7 ~ ~ y ~ < r ~..~ H 2 m 'n m v ~ " r m C] nro ~ z y ~c Hro 3 ~ K N c r~ -< w c v n w G n r O C o ~~ z ~ n G .. H r m ~ •• H r• (n O~ A O zC F-+ ~3 W z c~ ~ r ['Z~1 W p~ ° t~i~ . .-~ m v cn~ ~ H • • d ~Y ~ ~ ~S b~O O r REFJUEST FUR SUHUIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 Y.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision, Fenwav Park 2. General Location,NW1.14. NW1/4 `S /2 NW1/4 'on 13 T 3N., R.1W., B.M. 3. Owners of record, William J. and Jodv Ann Buckner Address,3 McDonald Circle, .tip 01810felephone_(508) 470-2953 Andover, Mass. 4. Applicant, Same Address, Same 5. Engineer, Hubble Engineering, Firm Address 7025 Emerald St., Bois~Zip 83704 Telephone (208)322=8992 Id. 6. Name and address to receive City billings: Name Jerrv Iverson Address 6025 Randoinh Driv Telephone _.377-5144 Boise, Idaho PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 11.75 2. Number of lots 41 3. Lots per acre 3.49 4. Density per acre ~ ng 5. Zoning Classification(s) R-4 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No &. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City_No Explain 10. Are there proposed dedications of common areas? No Explain For future parks? No Expla 11. What school(s) service the area Meridian , do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City Water Supply Yes Fire Department Yes Other _ Sewer Expla 13. Type of Building (Residential, Commercial, Industrial or combination) Residential 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other Single Family 15. Proposed Development features: a. Minimum square footage of lot(s), 8,000 sauare feet b. Minimum square footage of structure(s) 1100 s;aure feet. c. Are garages provides for. yes square footage 500 sa. feel d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe Front yard sod (2) f. Trees will be provided for Yes Trees will be maintained g. Sprinkler systems are provided for optional h. Are there multiple units_No Type i. Are there special set back requirements Nn Explain j. Has off street parking been provided for No ,Explain k. Value range of property$75,000 - X 115.0 00 1. Type of financing for development FHA/ IHA/Convent~ona~ m. Protective covenants were submitted es Date 12-6-91 16. Does the proposal land lock other property Yes, a Bureau of . Reclamation parcel with access from Tenmile 32end DWUN. Does it create Enclaves Nn STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks rill be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 9. Development rill comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names. must not conflict with City grid system. l3) ~uLb i~ ~ozs~5 SPECIAL WARRANTY DEED FOR VALUE RECEIVED, Washington Federal Savings and Loan Association, a federally chartered savings association, hereinafter called the GRANTOR, for valuable consideration paid by William J. Buckner and Jody Ann Buckner, husband and wife, hereinafter called the GRANTEES, whose current address is: 3 McDonald Circle, Hanover, Massachusetts 01810, does hereby sell, transfer and convey unto said GRANTEES, and to their heirs, devisees, personal representatives and assigns, the following described property situated in the County of Ada, State of Idaho, to wit: That portion of the Northwest Quarter of the Northwest Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, lying south of Franklin Road, east of Linder Road, North of West Barrett Drive, west of West Crest Wood Drive, and west of Lot 14 in Block 3 of Crest Wood Estates Subdivision No. 3, according to the official Plat filed in Book 55 of Plats at Page 5081. and Parcel B as delineated on Plat Map of Survey #1602 Book G Pages 1627 and 1628 recorded March 21, 1990 as Instrument No. 9014498, records of Ada County, Idaho, being a portion of the North Half of Section 13, Township 3 North, Range 1 West, of Boise Meridian in Ada County, Idaho. TO HAVE AND TO HOLD the same, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. The Grantor hereby covenants with the Grantees that said property is free from all encumbrances made by it and that it will warrant and defend said property against the lawful claims of all persons claiming by, through or under it; Subject to all easements or other matters of record or appearing from an examination of the property and the rights of all persons in possession, if any. IN WITNESS WHEREOF, said Grantor has caused these presents to be executed this 14th day of December 19 90, 9068320 FCf _,.__PIONEEHaLL~~Q~ B STATE OF IDAHO ) ss COUNTY OF ADA ) WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION BY i~~`~~-'` Ti e_ By ~~ Ti On December 14 1990 _, before me, personally appeared Robert Link and o n irt~- personally known to me to be t e persons who execute the wi in instrument as t e Senior Vice Prime _i~~_nt and V~'c _P .esident respectively, on behalf oi' t e cTi orporation therein named and- acknowledged to me tia such corporation executed the same. WITNE S my hand and official seal. My commission expires: , ~~ ~~ ,~.° ' ~/J 4` 1..1 N . ~ ~•' J, r it '90 UEG 1~1 P.'i ~= 55 /. • ` • • REfJUEST FUR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days folloring the regular meeting of the Planning and Zoning Commission. The Planning and Zaning Commission rill hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 Y.M., Thursday following the Planning and Zoning Commission action. GENEkAL INFORMATION 1. Name of Annexation and Subdivision, Fenw3y park 2. General Location,rTtr1/4 NW1/4 `~ E1/2 NW1/4 Section 13,T.3N., R.1W., B.M. 3. Owners of record, '•" "`,- and Jodv Ann Buckner Address,3 McDonald Circle, .tip 01810!'elephone(508) 470-2953 Andover, Mass. 4. Applicant, Same Address, Same 5. Engineer, Hubble Engineering, Firm 7025 Emerald St., Bois~Zip 83704 Telephone (208)322'8992 Address Id. 6. Name and address to receive City billings: Hame Jerry Iverson Address F025 R-ndoloh Drive Telephone 377-5144 --- Boise, Idaho PRELIMINARY PLAT CHEGKLIST: Subdivision Features 1. Acres 1~_ 2, Number of lots 4__1____- 3• Lots per acre 3~ q, Density per acre 3..1L3~- ation~s> 5. Zoning Classific 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No b. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City Nn Explain 10. Are there proposed dedications of common areas? No Explai For future parks? No .Explai 11. What school(s) service the area Meridian do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City Water Supply Yes Fire Department Yes Other Sewer Expla 13. Type of Building (Residential, Commercial, Industrial or combination) Residential 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other Sin~le Family 15. Proposed Development features: a. Minimum square footage of lot(s), 8,000 square feet b. Minimum square footage of structure(s) ]]00 aga~re fP t c. Are garages provides for, vas square footage 500 sa. fe d. Are other coverings provided for No e. Landscaping has been provided for y~_, Describe Front vard sod (2) f. Trees will be provided for Yes Trees rill be maintained g. Sprinkler systems are provided for optional h. Are there multiple units No Type remarks i. Are there special set back requirements Nn Explain j. Has off street parking been provided for No ,Explain k. Value range of property$75,000 - $115,000 1. Type of financing for development FHA/IHA/Conventional m. Protective covenants rere submitted Yes .Date 12-6-91 16. Does the proposal land lock other property Yes, a Bureau of . Reclamation parcel with access from Tenmile-~eaeiDRq)u, Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will De five (5) feet in width. ~. Proposed use is in conformance rith the City of Meridian Comprehensive Plan. 3. 4. J. 6. Development will connect to City services. Development rill comply with City Ordinances. Preliminary Plat rill include all appropriate easements. Street names must not conflict with City grid system. (3) ," ENGIpE.f • 9" RUBBLE ENGINEERING, INC. ~y 7025 Emerald • Suite 200 • Boise. Idaho 83704 1Q SUgVE~~P TRANSMITTAL LETTER To: ~n~ G Ty OF I r 121 Dirkr~l Attn: ~ NIEMkN~i (208) 322-8992 Fax (208) 378-0329 DATE: / 2 - ~ - ~ Job No.: 9/ _ p35 Project: ~, i '-E~utvR 1 ~FIti.(L WE ARE SENDING YOU: ^ As Requested ~ Attached ^ Under Separate Cover, Via FOR YOUR: ^ Use ^ Record ^ Bidding ^ Cost Estimating ^ Information ~ Review and Comment ^ THE FOLLOWING: ^ Prints J~ Plans ^ Samples ^ Copy of Letter ^ Specifications ^ Shop Drawings ^ Copies Date Sheet No. Description 3D ~UgquiSlorr ~Pr_~T 3a / -3 F~~u~~ P~~4T".4~wucs~rro~l l0 300 5G4LE -~i+T Z $`lz" X /l" ~r.AT ~A 2An> lIU!}L PL.~T ~E !E~ EC ~ N E C Si;T ~ SUBD/VJSIDh! ~vE~auTS 2.. 3~~Niru E SHEE VIGINr ~'1~OS 30o SChL,E, REMARKS: _J>~-, LEASE R6vIC-w THIS Frua~~ p~T Aap~lc~notit ~u~ coin-t~.~T ~1:_ TD IxS. IF I/Y+~55~ A'N~~~ti1C~ 0'2 yoc~ /PAVE h>J~ Q~Tro~uS ,A1.64SE CAU- v~'IE hT 322- 849 z . ~ 5ugiylnED 5 Fu~L SECS c;< 1~E/Er~an'EuT ~Lkl~S 7~ Gam{ SrnrrH on/ /1-27- 9/ Fok- Nl5 REUrC2O . (Flamm (.~ac. 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WHEREAS, Declarants are the owners of certain real property in the County of Ada, State of Idaho, hereinafter referred to as "said property", more particularly described as follows: FENWAY PARK SUBDIVISION -City of meridian, County of Ada, State of Idaho. All property and residential lots within FENWAY PARK SUBDIVISION according to the official plat thereof, on file in the office of the County Recorder, Ada County, Idaho, as shown by Book of plats at pages and records of Ada County, Idaho. NOW, THEREFORE, Declarants hereby declare that all of the said property is and shall be held and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of said property. Said easements, covenants, restrictions, conditions and reservations shall constitute covenants to run with the land and these conditions, covenants, restrictions, easements and reservations shall inure to the benefit of and be limitations upon all future owners of said property, or any interest therein. ARTICLE 1 DEFINITIONS Whenever used in the Declaration, the following terms shall have the following meanings: 1. "Said property" shall mean and refer to that certain real property hereinbefore described, and such DECLARATION, PAGE 1 additions thereto as may hereafter be brought within the jurisdiction of the declarant. 2. "Lot" shall mean and refer to every lot of land described in the preamble to this Declaration. No Lot shall be divided into two or more building sites, except as provided for herein or with the prior written consent of the Declarants. 3. "Owner" shall mean and refer to the record owner of a fee simple title to any lot (including contract sellers), whether one (1) or more persons or entities, excluding those having such interest merely as security for the performance of any obligation. 9. "Declarant" or "Developer" shall mean and refer to the undersigned their successsors, heirs and assigns. 5. "Building Site" shall mean and refer to a lot or to any parcel of said property under one (1) ownership which consists of a portion of one (1) of such lots or contiguous portions or two (2) or more contiguous Lots if a building is constructed thereon. 6. "Setback" means the minimum distance between the dwelling unit or other structure referred to and given street or road lot line all of which shall be in accordance with the applicable zoning regulations of the City of Meridian, Idaho. 7. "Mortgage" shall mean and refer to any mortgage or deed of trust, and "Mortgagee" shall refer to the mortgage or beneficiary of a deed of trust and "Mortgagee" shall refer to the mortgagor or Declarant of a Deed of trust. ARTICLE II ARCHITECTURAL CONTROL COMMITTEE An Architectural Control Committee is hereby created to approve all improvements within the Subdivision. The approval shall be in writing and shall be in accordance with the terms, conditions and standards set forth herein. The Architectural Control Committee shall be comprised of Jerome B. Iverson, Edward F. Thomas and William J. Buckner. The Architectural Control Committee shall consist of at least two people. Declarents may remove any member of the committee any time and may appoint new or additional members at any time. Each Owner shall submit a written request for approval of plans, specifications and elevations of proposed improvements upon Lots within the Fenway DECLARATION, Page 2 Park Subdivision. In the event said Architectural Control Committee fails to approve or disapprove the plans, specifications and elevations within thirty (30) days after said plans, specifications and elevations have been submitted in writing by certified mail, approval shall not be required and the Article shall be deemed to have been fully complied with. The Architectural Control Committee may, in its discretion require that other documents be submitted to it in accordance with the terms and conditions of the Declaration. ARTICLE III PROPERTY USE RESTRICTIONS The following restrictions shall be applicable to the real property located in the FENWAY PARK SUBDIVSION and shall be for the benefit of, and limitation upon, all present and future Owners of said property or any interest therein. 1. All improvements constructed upon the Lots within the Fenway Park Subdivision shall be single family residences. Residents living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bonds, shall be a "single family" for the purposes of defining a single family residence. 2. No sign of any kind shall be displayed to public view on any building site on said property except one (1) sign of not more than five (5) square feet advertising the property for sale or rent or signs used by the Developer or Lot Owner to advertise the property during the construction sales period. If a property is sold or rented, any sign relating thereto, shall be removed immediately except the Declarant and only Declarant or its agent may post a "sold" sign for a reasonable period following a sale. One professional sign located in Front of the Subdivision with the name of said subdivision will be allowed and maintained by Declarant or its agent until termination of the said development or other arrangements with subsequent Lot Owners. 3. No animals, livestock or poultry of any kind shall be raised and bred or kept on any part of said property, except dogs, cats numbering no more than two or other household pets, provided that such household pets are not kept or bred for any commercial purpose, nor shall any dog, cat or pet be kept which unreasonably bothers or constitutes a nuisance to other Owners of DECLARATION, Page 3 other Lots. No pets shall be allowed to run at large. 4. No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any other waste. No garbage, trash or other waste shall be kept or maintained on any part of said Property except in a sanitary container. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 5. No noxious or offensive or unsightly conditions shall be permitted upon any part of said Property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 6. No trailer, camper, mobile home, camper-truck, tent, garage, barn, shack or other outbuilding shall at any timed be used as a residence temporarily or permanently on any part of said Property. No residence shall have an antenna, radio aerials or satellite dishes installed on any lot or the exterior of a residence without the written approval of the Architectural Control Committee. 7. Parking of boats, snowmobiles on or off trailers, trailers, motor homes, motorcycles, trucks, truck-campers, and recreational vehicle and like equipment or junk cars or other unsightly vehicles shall not be allowed on any part of said property nor on any public ways adjacent thereto excepting only within the confines of an enclosed garage or behind the Front line of the dwelling unit provided that it is screened from view behind a fence or enclosure and no portion of same shall project beyond the enclosed area except under such circumstances, if any, as may be prescribed by written permit approved by the Architectural Control Committee. All other parking of equipment shall be prohibited except as approved in writing by the Architectural Control Committee. 8. No garage door shall remain open for any extended time period except during ingress and egress of vehicles or individuals. 9. No activity shall be conducted on or in any improvements located upon the Lot which is, or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said property; no open fire shall be lighted or permitted on the property except in a self-contained barbecue unit while attended and in use for cooking purposes or within a city inspected and approved interior fireplace. DECLARATION, Page 4 10. No lights shall be. emitted from any :ot which light is unreasonably bright or causes unreasonable glare; no sound shall be emitted from any Lot which is unreasonably loud or annoying and no odor shall be emitted on any property which is noxious or offensive to others. 11. No permanent building or fixture shall be erected within the easement line of the Ten Mile Drainage Ditch. Landscaping, sprinkler systems or improvements shall be made at the risk of each individual owner and may be subject to damage or removal by the irrigation district or the United States Bureau of Reclamation during the course of ditch maintenance or improvements. ARTICLE IV BUILDING RESTRICTIONS All Lots and improvements herein within said subdivision shall be used exclusively for residential purposes and such uses as are customarily incidental thereto, unless otherwise specified on a recorded plat or in a supplemental declaration covering a Lot within said Subdivision. 1. No residential building may be erected or maintained on any Lot except single family dwellings with private appurtenant garages and customary outbuildings. No building or improvements shall rise more than two (2) stories from the ground level unless approved by the Architectural Control Committee. 2. No structure or above-ground improvements shall be permitted on any Lot which are detached or separated from the principal structure unless located within a reasonable compact area adjacent to the principal structure and unless designated as a single visual element connected or related visually with the principal structure by fencing or other architectural features and in accordance with other requirements of these covenants. 3. No house trailer, tent, shack, unattached garage, barn or other outbuilding or structure shall be erected or placed on any Lot within said Subdivision except for construction and/or sales offices provided herein. 4. All residential building sites subject to these Covenants shall remain of the size and dimension shown upon the recorded plat, or as may be required by the City of Meridian's minimum lot size specifications. 5. No house, garage, outbuildings, fence or other structure shall built, erected, placed, materially altered or materially repaired including with limitation DECLARATION, Page 5 s • altered or materially repaired including with limitation the altering or repair of surface colors or textures on any Lot in the Subdivision unless and until the building plan specifications and plot plan have been reviewed in advance by the Architectural Control Committee and the same has been approved conditionally or otherwise. Said review and approval shall include without being restrictive to, topography, finish ground elevations, landscaping drainage, color, material, design, artistic conformity to the terrain and other residences in the area, an architectural design shall apply only to the exterior appearance of said improvements. It shall not be the intent of these restrictions to control the interior layout or design of said structure. 6. No building or structure shall be moved onto said real property from any land outside said plat. 7. All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant buildings, and shall be connected by underground pipe to wet sewer and water lines which have been provided to each lot. All recorded Lots within this subdivision shall be subject to and restricted by the following subdivision covenants: (a) A monthly sewer and water charge must be paid to the Meridian City sewer and water system, according to the ordinances and laws of Meridian City. (b) Owner shall submit to inspections and all requirements of City and County Government Officials. 8. Setback Restrictions- All dwellings constructed upon said property shall conform to the setback restrictions as follows unless specifically waived in writing by the Architectural Control Committee. In no case can the Architectural Control Committee grant a variance to less than the setback as defined in the Meridian City Ordinances unless a variance is granted by the City through approved procedures. No building shall be located on any lot nearer than (20) feet to the front lot line; nearer than (15) feet to the rear lot line, on corner lots the side yard shall be minimum of (20) twenty feet on the side abutting the street; and nearer than (5) feet per story on any side lot line. 9. All buildings shall be of frame, stone, brick, concrete, stucco or block construction and, if other than then brick or stone, shall be finished and painted and kept in good repair, and said Property shall be used in such a manner as to be inoffensive to any other Property Owners. DECLARATION: Page 6 10. No single story which shall have a floor garages, of less than: dwelling unit shall be erected area, exclusive of porches and a. 1,200 square feet on lots 1,2,3,4,5 and 6 block 2, and lots 1, 2, 3, 4 block 1. b. 1,400 square feet on lots 1,2,3,4,5,6,7,8,9,10,11, 12,13,19,15,16,17, block 3. c. 1,300 square feet on all other lots. 11. No multiple level dwelling shall be erected which shall have a floor area exclusive of porches and garages of less than 1,600 square feet. 12. All residential dwelling units shall have an enclosed garage of not less than 400 square feet, adequate for at least two (2) standard size automobiles. 13. No motor vehicle not capable of being operated shall be parked for longer than forty-eight (48) hours outside of a garage on any lot or building site. 14. No fence shall be erected with a height greater than (6) feet at or behind the front building line of any residence nor greater than (3) feet in front of any residence or within (20) twenty feet of any dedicated street. The construction of and maintenance of a spite fence or spite tree shall be prohibited upon any building site. The determination of the Declarants or the Architectural Control Committee that any wall, fence, hedge or tree falls within the latter category shall be conclusive upon all parties. All fencing material and design shall be first approved by the Architectural Control Committee. 15. All pipes, wire, cables and conduits for lighting, heating, power, telephone, cable television and any other quasi-public utility service or function shall be beneath the surface of the ground. 16. All roofing material shall be of composition shingle quality or better. No "flat" built up gravel roofs shall be allowed. 17. Landscaping. Each lot shall have in the front yard rolled sod lawns, one (1) deciduous tree of at least one and one-half (1.5) inches in diameter and three (3) five gallon plants and five (5) 1 gallon shrubs or bushes. DECLARATION, Page 7 Said landscaping shall be installed within 45 days of substantial completion of home. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable period of time upon written approval of the Architectural Review Committee. Rear yards shall be landscaped within one year of occupancy. 18. Declarants may construct a perimeter fence on one (1) or more sides of the subdivision and that portion or any such fence on the perimeter of the Lot where the same is situated shall be maintained by subsequent Owners thereof in a state of good condition and repair. The perimeter fence shall not be owned by the Declarants, nor shall said fence be subject to maintenance by the Declarants. Said fence is subject to height and set back dimensions as though it was a lot fence. 19. There shall be no split level houses allowed in this subdivision. Each house in this subdivision shall include some brick, stone or stucco in the front exposure. Bay windows, broken roof lines, gables, hip roofs etc. are encouraged. ARTICLE V EASEMENTS 1. All lots shall be served by underground utility lines. The services shall be installed in road or easement right-of-way as platted. Each owner agrees at his sole expense to pay for costs and hook up charges as established by the utility companies for the underground service facilities, as a condition precedent to connection thereto. Declarant shall not be liable for the cost thereof but may recover funds advanced, if any to obtain preliminary installation. 2. The Declarant reserves such easements as shown and noted on said plat for the purpose of constructing water mains, electric distribution lines, sewer lines, gas pipelines, and such other public utilities as shall be necessary, convenient and desirable of the Owners of said Lots and parcels henceforth. 3. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot except for those improvements for which a public utility company is responsible. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of water through drainage channel in the easements. DECLARATION, Page 8 4. An easement is hereby granted to the utility companies, its licensees, successors and assigns, a permanent easement and right of way, sufficient in width to install and maintain underground utilities, including the perpetual right to enter upon the real estate hereinafter described, at all reasonable times, to construct, maintain and repair underground utilities, through, under and across said land, together with right, at the sole expense of Owner, to excavate and refill ditches and trenches for the location of said utilities, and further right to remove trees, bushes, sod, flowers, shrubbery and other obstructions and improvements interfering with the location, construction and maintenance of said utilities on and across the following premises belonging to the said Owner in Ada County, Idaho in the locations as designated and shown on the official Recorded Plat of the above described Subdivision. ARTICLE VI RECIPROCAL EASEMENTS Each and every Owner purchasing a Lot within the Subdivision is purchasing it with full understanding that each Lot is subject to certain reciprocal easements which are appurtenant thereto. Each Owner by purchase of a Lot within the Subdivision agrees that it shall be subject to the following reciprocal easements: 1. An easement for drainage is hereby declared to exist on each Lot for the benefit of the adjoining Lot(s): provided, that the Owner installing any drainage pipe, conduit, or other facility shall pay for any and all such improvements and cause the property upon which the improvements are located to be restored to their original state at the sole cost of the Owner employing the use of this reciprocal easement. 2. Each Lot shall be subject to the minimum building setback requirements as applicable to the said property under the ordinances of Meridian City, Idaho. 3. All Lots shall be subject to a general utility easement, which shall include, but not be limited to, access for ingress and egress for maintenance or repair by the utility provider. 4. All Lots shall be subject to a permanent utility, irrigation, drainage and access easement which shall be for ingress and egress for installation, maintenance DECLARATION, Page 9 and repair for any public utility, irrigation district, drainage district, or any other utility providing utilities and/or having an easement in, to and through the said Subdivision, as shown on the recorded plat. ARTICLE VII RESERVED EASEMENTS The Declarants) for itself, its licensees and assigns, does hereby reserve all rights, title and interest in, and full power to vacate and relocate by instrument filed of record on platted land in Declarant's name, a right- of-way and easement for installation, maintenance and operation of utilities of any type or nature, and drainage and all incidence and appurtenances thereof, over, on and across the above described real property as shown on the plat or reserved in any deed of Declarant(s). together with all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easement hereby reserved, and all rights, and privileges incident thereto, including the right from time to time to cut, trim and remove trees and brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement and the operation, maintenance and repair of the electrical, telephone, or other utility system. Declarant further reserves to itself, its licensees, successors and assigns, the right and power to locate new, or to vacate and assign any existing street or easement herein platted, as long as the Declarant owns each of the parcels which are adjacent to such street or easement and provides an adequate roadway in place of any vacated street as may be required for ingress and egress by any adjacent Lot. Provided, any such vacations and relocations are made in accordance with the minimum standards of t:~e State of Idaho, Ada County, Idaho Laws, ordinances and regulations thereunder in relation to platting in effect at the time of the construction of improvements and shall be effected only by instrument duly filed of record in said Ada County. The Owner waives any right which he may have by statute or otherwise to object to any vacancies, relocations and dedication effected by Declarants) in accordance with the provisions of this Article. ARTICLE VIII DECLARANT REPURCHASE OPTION The conveyance hereby made is further made subject to the condition and agreement by which the Owner agrees DECLARATION, Page 10 that, within a period of two (2) years following the date of delivery of any deed by Declarants) conveying any plot, tract or Lot, the construction of a dwelling house in compliance with the restrictions herein will be commenced upon the described Real Property. The term "construction will be commenced", as used herein, shall require actual physical construction activities upon such dwelling house or structure upon said Real Property. In the event the Owner shall fail or refuse to commence construction of such dwelling house or structure within said two (2) year period, the Declarants) shall have the discretionary option, but not the duty, to repurchase the above described Real Property from the Owner or the then Owner or Owners thereof at a repurchase price equal to the purchase price paid to the Declarant(s), less an amount equal to ten (10~) percent thereof. In the event that the Declarants) shall exercise its discretionary option to repurchase the said Real Property. the Owner or the then Owners of said Real Property shall, upon tender of payment of said repurchase price, make, execute and deliver to the Declarants) a good and sufficient deed reconveying to the Declarants) the above described Real Property. This provision shall be binding upon all persons who may, at any time hereafter, own or claim any right, title or interest in and to said Real Property, whether acquired by voluntary act or through operation of law. ARTICLE IX PROSECUTION OF CONSTRUCTION WORK The construction of the dwelling house and structures shall be prosecuted diligently, continuously and without delays from time of commencement thereof until such dwelling house and structures are fully completed and painted. All structures shall be completed as to external appearance including finished painting, yard turfing and landscaping, within eight (8) months from date of commencement of construction. ARTICLE X GENERAL PROVISIONS 1. Enforcement. The Declarant or any Owner, or the Owner of any recorded mortgage or deed of trust upon any part of said property, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Declarant or by any Owner to enforce any DECLARATION, Page 11 covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In the event suit is brought to enforce the covenants contained herein the Declarant shall be entitled to recover a reasonable attorney fee in addition to allowable costs from owner. 2. Severability. Invalidation of any One (1) of these covenants or restrictions by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect. 3. Term and Restriction and Amendment. These Restrictions shall run with the land described herein and shall be binding upon the parties thereto and all successors in title or interest to said real property or any part thereof until January 1, 2022 at which time said restrictions shall be automatically extended for successive time periods of ten (10) years unless the Owner or Owners of the legal title to not less than twothirds (2/3) of the platted Lots by an instrument or instruments in writing, duly signed and acknowledged by them, shall then terminate or amend said restrictions. Such termination or amendment shall become effective upon the filing of such instrument or instruments of record in the office of the Recorder of Ada County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the records of the plats and record of this deed in which these Restrictive Covenants are set forth, and all amendments thereof. 4. No Right of Reversion. Nothing herein contained in this Declaration or in any form of deed which may be used by Declarants or their successors or assigns, in selling said property, or any part thereof shall be deemed to vest or reserve in Declarants any right of reversion or reentry for breach or violation of any one (1) or more of the provisions hereof. 5. Benefit of Provision-Waiver. The provisions contained in the Declaration shall bind and inure to the benefit of and be enforceable by the Declarant and the Owner or Owners of any portion of said property, and their heirs and assigns, and each of their legal representatives, and failure by Declarants) or by any Property Owners or their legal representatives, heirs or successors or assigns, to enforce any of such conditions, restrictions or charges herein contained shall in no event be deemed a waiver of the right to do so. 6. Assignment of Declarant(s). Any or all rights, DECLARATION, Page 12 powers and reservations of Declarant herein contained may be assigned to any other corporation or association which is now organized or which may hereafter be organized and which shall assume the duties of Declarants) hereunder pertaining to the particular rights, powers and reservations assigned and upon any such corporation or association evidencing its intent in writing to accept such assignment and assume such duties as are given to and assumed by Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised by the Declarants) alone, so long as it owns any interest in any portion of said property. 7. This Declaration of Restrictive Covenants may be amended by written instrument duly notarized containing the signatures of not less than two-thirds (2/3) of the Lot Owners within the subdivision. 8. Appointment of New Committee. A new member of the Architectural Control Committee may be appointed if approved by a majority of the existing and duly appointed committee. The new member shall take the place of and have all the rights and powers of the committee member replaced. 9. Hold Harmless Clause. Declarants) is hereby held harmless and exempt from any liability whatsoever that may come from any action that may be taken against Declarant pertaining to the above Articles of Declaration. The Architectural Control Committee is held harmless from any errors or omissions pertaining to its responsibilities as designated in these Articles of Declaration. 11. Additional residential property and Common Area, if any, may be annexed to the Properties and will be subject to these Articles of Declaration with the consent of twothirds (2/3) of the lot owners except the additional phases of Fenway Park Subdivision may be annexed or included within the jurisdiction of this Declaration by Declarant without approval of the lot owners. IN WITNESS WHEREOF, the undersigned, being the DECLARANTS herein, have Hereunto set their hand and seal this day of 1992. William J. Buckner Jody Ann Buckner DECLARATION, Page 13 i }~~~ i a 9 ~~ i ..v,. - -- ---77 9 0 e ® A O O • e ®~~ / - / v ,~------ o~ ~ O O O B B O • ~ 0 •~ ® . m~ o ~ e, ; o/ o 0 o m o e a e / ej --f ~ e e o ~ o~, ' • ® • ' --.r _ ®~ a ® e ,, /'~~ , of ! ~ o • e ® o 4 ~ ~• o m ! a v ei ~ ~ ~ G,. 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