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Kearney Place Subdivision #2 FP CENTRAL •• DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 1455 N. Orchard • Boise, Idaho 83706 • (208) 375-5211 92-423 serving 9-3-92 Ada Boise, Elnwra, antl Valley Counties Boise County Office 1455 N.Orchartl DRVID NAVARRO aoise.ID 0370G RDR COUNTY RECORDER Nu+sing:375-5211 Enviranrtiental 650 MAIN STREET Health: 315-5230 gO I SE I D H3702 RE: KEARNEY PLACE SUBDIVISION NO. 2 Elmore County OMlca 520 E. Stn Strael N. M°enraoessai Dear Mr. Navarro: 587aa07 Central District Health Department, Environmental Health Division has reviewed and can approve the final plat on this 'Imore Co°nry ONke of Environmental Health subdivision for central water and central sewer facilities. sas.amsveete Mountain Home. Final a royal was iven on 9/3/92. PP g lD e35a7 587-9225 No lot size may be reduced without prior approval of the health authority. Valley County Ottke P.O. Box tole If you have any questions please call. McCe141D 83838 6347194 Sincerely, /~ ~ Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist ce: Tom Turco, Director City of Meridian HUD Dan Wood Gary A. Lee, JUB Engineers TS:ima herein. 1.11 "Setback" means the minimum distance established by law between the dwelling unit or other structure referred to and a given street, road, or Lot line. 1.12 "Unit" shall mean one residence or dwelling which shall be situated upon a Lot. ARTICLE II GENERAL COVENANTS, CONDITIONS, AND RESTRICTIONS 2.1 Exterior Maintenance: Owner's Obli ations: No improvements, including mail boxes and landscaping, shall be per- mitted to fall into disrepair and each improvement shall at all times be kept in good condition and repair. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration, or reconstruction. 2.2 Improvements Location (Setbacks): 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 Committee grant a variance to less than the setback as defined in the Meri- dian City Ordinances unless a variance is granted by the City through approved procedure. No building shall be located on any Lot nearer than twenty (20) feet to the front Lot Line; nearer than fifteen (15) feet to the rear Lot line. On corner Lots the side ~' -- -- , yard shall a minimum of twenty (20) feet on the side abutting the street. Side yards shall meet the Meridian Cit Code, which is five feet 5' y ( ) per story. Construction of any residences in the Subdivision shall be diligently pursued after commencement thereof, to be completed within twelve (12) months. 2.3 Nuisances. No noxious or offensive activity, including without limitation, those creating an offensive odor, shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance t6'nuisance to the neighborhood. 'c r 2.4 Land Use, Huildin Tvoe and Exception. No Lot shalt be used except for residential purposes, and no Lot shall be used for the conduct of any trade or business or professional activity. Notwithstanding the foregoing, an Owner will be allowed to conduct a "garage sale" upon such Owner's Lot. An Owner may on an occa- sional basis sell the young of any domestic pets which are other- wise authorized under this Declaration provided, however, that IlOthing herein shall be aeemea to authorize the approval of the operation of a commercial kennel OT the breeding of any domestic animal for commercial purposes on any Lot. No improvements shall DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 3. equipment, including any dunk cars, inoperable cars or vehicles, or unsightly vehicles, shall not be allowed on any part of the Property nor on streets adjacent thereto or within the Property, excepting only within the confines of an enclosed garage or other enclosure approved by the Committee, and no portion of same may project beyond the enclosed area. Notwithstanding the foregoing, any Owner or guest of any Owner may park a trailer, boat, motor home, or camper on a driveway or a public street in the Property for a maximum of three (3) consecutive days, provided such is not -?~- in violation of the ordinances to the City of Meridian. The Com- ~yy~, mittee shall be the sole and exclusive fudge of approved parking. ~:. 2.15 Sewage Disposal. No individual sewage disposal system shall be permitted on any Lot. All recorded Lots within this Subdivision shah be subject to and restricted by the following recorded Subdivision Covenants: 2.15.1 A monthly sewer charge must be paid after connecting to the Meridian City public sewer system, according to the ordinances and laws of Meridian City. 2.15.2 Owner shall submit to inspection by either the Department of Public Works or the Department of Building Safety whenever a subdivided Lot is to be connected to the sewage system. 2.15.3 The Applicant/Owner of the Subdivision shall and hereby does vest in Meridian City the right and power to bring all actions against the Owner of the Premises hereby conveyed or any party thereof for the collection of any charges herein required and to enforce the conditions herein stated. 2.15.4 The recording of this plat by Declarant shall be deemed and construed as a request for the annexation of this Property to the corporate~~l~.mits of Meridian City. Such requests and consents shall betiEinding on all subsequent pur- chasers or Owners of Declarant's property. 2.16 Bathrooms. All bathrooms, sink, and toilet facilities shall be inside residence buildings and shall be connected by underground pipes directly with the sewer system. 2.17 Antennae. No television antennae, satellite receivers, or radio aerials shall be installed on the Property, other than within the interior of a Unit. 2.18 Unsightly Articles. No unsightly articles shall be permitted to remain on any Lot as to be visible form any other portion of the Property. Without limiting the foregoing, no clothing or household fabrics shall be hung, dried, or aired in such a way as to be visible from any other portion of the Property. No lumber, grass, shrub; or tree clippings or plant waste, compost DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 6. piles, metals, building, or other materials or scrap or other similar material or articles shall be kept, stored, or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened front view as approved, in writing, by the Architectural Control Committee. "Screened" is defined as being concealed or made non-visible from eye level, at grade, at all points within the Property. 2.19 Construction. During the course of actual construction of any permanent improvements, the restrictions contained in this Declaration and any .supplemental declarations shall be deemed waived to the extent necessary to permit such construction, pro- vided that during the course of such construction, nothing shall be done which will result in a violation of these restrictions upon completion of construction and all construction shall be diligently prosecuted to completion, continuously, and without delays. 2.20 Reconstruction. In any case where it is necessary to reconstruct a Unit, said reconstruction shall be prosecuted dili- gently, continuously, and without delays from time of commencing thereof until such structure is fully completed and painted, unless prevented by causes beyond control and only for such time that such causes continue. 2.21 Prosecution of Construction Work. The construction of all dwelling houses and structures shall be prosecuted diligently, continuously, and without delays from the time of commencement thereof until completion and painting. All structures shall be completed as to external appearance, including finish painting, within one (1) year from the date of commencement of construction, except as specifically provided for yards as set forth in Section 2.25. 2.22 Maintenance and Repair. in .the event the improvements on any Lot shall suffer damage or destruction for any cause, the Owner thereof shall undertake the repair, restoration, and recon- struction thereof within ninety (90) days of such damage or destruction. 2.23 Light, Sound - General. No light shall be emitted from any Lot which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any Lot which is unreason- ably loud or annoying, and no odors shall be emitted on any Proper- ty which are noxious or offensive to others. 2.24 Fences. All fences must be approved by the Architec- tural Control Committee rp 1or to installation. Vertical cedar or equivalent designs are encouraged. Chain link fences may be allowed upon approval of~Garchitectural committee. 2.25 Front and Side Yards. The front yard of each Lot and the side yard of any Lot which is adjacent to a street must be laced with sod within twenty-one (21) days of substantial comple- DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 7. .. tion or occupancy, whichever shall first occur, or as soon there- after as the weather permits. All remaining portions of the yard area of each Lot must be planted with sod, seeded, and/or landscaped within one (1) year of occupancy of the Unit. 2.26 No Dumping. No excavation material, grass, or yard clippings, rubbish, trash, garbage, refuse, or debris shall be placed or allowed to remain on any vacant or unimproved Lot without the prior written approval of Declarant or the Architectural Control Committee. The Owner of any Lot who dumps such material shall be liable for the cleanup and/or removal costs. 2.27 Outbuildings. Only one outbuilding per Lot will be allowed. Ail outbuildings shall be constructed of good quality building materials, completely finished and painted on the outside, and shall be of good quality and character that will be in harmony with the other buildings on said Property and must be approved by the Architectural Control Committee. 2.28 Irrigation. In accordance with the provisions of Idaho Code, Section 31-3805, the Declarant assumes no responsibility for providing water for irrigation purposes other than through the domestic system, and the purchasers acknowledges the following: 2.28.1 That irrigation water deliveries have not been provided. 2.28.2 That the Owner of the Lot must remain subject to all assessments levied by the irrigation entity. ~pf~ ~ ~<,~,~ 2.28.3 That the purchaser shall be responsible to pay r„~ such legal assessments. 2.28.4 That the assessments are a lien on the land within the irrigation entity. 2.29 Damage to Improvements. it shall be the responsibility of the builder of any residence of this Subdivision to leave the street, curbs, sidewalks, fences, and tiled irrigation lines, utilities, and all other improvements free of damage and in good and sound condition at the conclusion of the construction permit. Fine grading on each individual Lot shall b required to conform to FHA grading and drainage specifications.,~t shall be conclusively "' presumed that all such improvements are in good and sound condi- tions at the time building is begun on each Lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which notice is addressed to a member of the Architectural Control Committee. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 8. MERIDIAN CITY COUNCIL AUGUST 4, 1992 PAGE 3 fax transmittal memo 7671 Post-It° brand #otpages ~ / ~ ~ F- ~ ~- F Q C a----t~ C .11.1 t,•J ( ~ ~ I. OT eri ct Dept. Phone # Fex# ~+1 ~~~~ / Fax# The Motion was made by Giesler and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #582 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma -.Yea: Motion Carried: All Yea: ITEM #4: FINAL PLAT: KEARNEY PLACE #2: The Motion was made by Yerrington and seconded by Tolsma to approve the Final Plat for Kearney Place #2: Motion Carried: All Yea: ITEM #5: COVENANTS: KEARNEY PLACE #2: The Motion was made by Corrie and seconded by Tolsma to approve the covenants for Kearney Place #2 with a few spelling correction to be made: Motion Carried: All Yea: ITEM #6: PUBLIC HEARING: AMENDMENT TO THE 1991/92 FISCAL YEAR BUDGET: Kingsford: I will open the Public Hearing. Is there anyone present who wishes to testify? Again for the audience, we had more money come in from building permits than what we estimated a year ago as we set the budget. There are some projects that need to be done so we are amending the budget to accommodate some of those. No response. I will close the public hearing. ITEM #7: ORDINANCE #583: ORDINANCE AMENDING 1991/92 FISCAL YEAR APPROPRIATIDN ORDINANCE: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE ND. 554, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991 AND ENDING SEPTEMBER 30, 1992; APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED BY THE CITY OF MERIDIAN, IDAHO, IN THE SUM OF 5815,600.00 AND PROVIDING AN EFFECTIVE DATE: Is there anyone who wishes Ordinance #583 read in its entirety? No response. r • • July 9, 1992 Jack Niemann City of Meridian City Hall Meridian, ID 83642 Re: CC & R's, Phase II, Kearney Place Subdivision Dear Jack: Attached is a rough draft copy of Phase II CC & R's for Kearney Place Subdivision. There are no mayor changes as you can see. Midor changes have been highlighted. A final copy should be typed and ready for your inspection early next week. If you have any questions, please do not hesitate to contact me. Sincerely, Dan Wood Developer, Kearney Place DW:dw Attachments DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS /~ 9228553 ('a2~ro~,~(Idx~,~y ADA CD!J~ITY,ID, p~ R ~ J. DAVID NAYARRO RECORDER gY '92 fllflY 5 Ail 10 09 ~ FOR KEARNEY PLACE SUBDIVISION THIS DECLARATION is made effective on the 4th day of May, 1992, by D. W., Inc., an Idaho corporation, hereinafter referred to as'DeclaranY. WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the "Property', more particularly described as follows: The Plat of Kearney Place, recorded as Instrument No. 9227370 in Book 60 of Plats, at pages 5872 through 5873, records of Ada County, Idaho. NOW, THEREFORE, Grantor hereby declares that the Property and each Lot, parcel or portion thereof is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms, covenants, conditions, reservations, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants, conditions, reservations, easements and restrictions set forth herein shall run with the land constituting the Property and with each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any Lot, parcel or portion thereof; shall inure to the benefit of every Lot, parcel or portion of the Property and interest therein, and shall inure to the benefit of and be binding upon Grantor, its successors in interest and each Grantee or Owner and his respective successors in interest, and may be enforced by Grantor, by an Owner or his successors in interest. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, nor Grantor's right to post signs incidental to construction, sales or leasing. ARTICLE I DEFINITIONS 1.1 "Articles` shall mean the Articles of this Declaration. 1.2 "Building Lot" or "Lot" shall mean and refer to any plot of land showing upon any recorded plat of the Property. ,~''. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 1. FVS/slr/03/31/s2(KeameyDeclaration) u • 1.3 "Committee" shall mean the Architectural Control Committee. 1.4 "Declaration" or "Supplemental Declaration' shall refer to this Declaration as hereafter amended and supplemented from time to time. 1.5 "Declarant", "Developer" or "Grantor" shall mean and refer to D. W., Inc., an Idaho corporation, and his successors and assigns if such successors and assigns should acquire more than one (1) undeveloped Lot from the Declarant for the purpose of development and as part of such conveyance, the Declarant assigns and transfers to such transferee the Declarant's rights with respect to such Lots. 1.6 "Improvement" shall mean any structure, facility, system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property; including, but not limited to, buildings, •fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches, waterways, swimming pools and other recreational facilities and fixtures of any kind whatsoever. 1.7 "Mortgage" shall mean and refer to any mortgage or deed of trust, and "Mortgagee" shall refer to the mortgagee or beneficiary under a deed of trust and "Mortgagor" shall refer to the mortgagor or grantor of a deed of trust. 1.8 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 1.9 "Plat" shall mean the recorded Plat of Kearney Place Subdivision and the recorded Plat of any other Properties annexed hereto. 1.10 "Property", "Properties" or "Project" shall mean and refer to the real property hereinbefore described, and such additions thereto as may hereafter be annexed and brought within the coverage of this Declaration as more particularly provided for herein. 1.11 "Setback" means the minimum distance established by law between the dwelling unit or other structure referred to and a given street, road or Lot line. 1.12 "Unit" shall mean one residence or dwelling which shall be situated upon a Lot. ARTICLE II GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS 2.1 Exterior Maintenance: Owner's Obligations. No improvements, including mail boxes and landscaping, shall be permitted to fall into disrepair and each improvement shall at all times be kept in good condition and repair. In the event the i *r~, ~"? tt+k ~.1:.F +~1.; .~.: a.;~ ~~f . ~11n'. ..~"'r1~ i ;i DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 2. FVS/sIr103/37/92(KearneyDeclaration) ,~,:~~ ;;;~'- ;:~. improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration or reconstruction. 2.2 Improvements Location (Setbacks). 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 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 procedure. No building shall be located on any Lot nearer than twenty (20) feet to the front Lot line; nearer than fifteen (15) feet to the rear Lot line. On corner Lots, the side yard shall be minimum of twenty (20) feet on the side abutting the street. Side yards shall meet Meridian City Code, which is five feet (5')•per story. Construction of any residences in the Subdivision shall be diligently,pursued after commencement thereof, to be completed within twelve (12) months. 2.3~ Nuisances. No noxious or offensive activity, including without limitation, those creating an offensive odor, shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 2.4 Land Use. Building Type and Exception. No Lot shall be used except for residential purposes, and no Lot shall be used for the conduct of any trade or business or professional activity. Notwithstanding the foregoing, an Owner will be allowed to conduct a "garage sale' upon such Owner's Lot. An Owner may on an occasional basis sell the young of any domestic pets which are otherwise authorized under this Declaration, provided, however, that nothing herein shall be deemed to authorize the approval of the operation of a commercial kennel or the breeding of any domestic animal for commercial purposes on any Lot. No improvements shall be erected, altered, placed or permitted to remain on any Lot other than one designed to accommodate no more than one (1) single family residential dwelling. 2.6.1 Exception. Declarant or Declarant's affiliate may continue to operate a nursery on any Lot or any portion of the Property owned by Declarant or Declarant's affiliate and may utilize streets within the Property to move, plant and relocate trees, shrubs and other nursery products. 2.5 Size Limitations. All residential building Lots must have a main structure of not less than 1,300 square feet on the ground floor, exclusive of porches and garages, except two-story houses and tri-level houses shall have not less than a total of 1,600 square•feet. Split-entry and split-level houses shall not be allowed. All houses shall have an enclosed attached garage which will hold no less than two cars which is not included in the minimum living area square footage. No residence shall be in excess of two stories above the ground. 2.5.1 Exception. The existing farmhouse and outbuildings located on the land immediately abutting the Property to the southwest shall be exempt from this and other provisions of this Declaration, should ft become subject to this or any supplemental declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 3. FVS/slr/03/31/92(KearneyDeclaration) 2.6 Temporary Structures. No improvements of temporary character, trailer, basement, tent, shack, garage, bam or other outbuilding shall be placed or used on any Lot at any time as a residence either temporarily or permanently. 2.7 Sians. No sign of any kind shall be displayed to the public view on any Lot except one sign of no more than five (5) square feet advertising the Property for sale or rent, or signs used by a builder or the Declarant to advertise the Property during the construction and sales period. 2.8 Oil and Minina Operations. No oil drilling, oii development operations, oil refining, quarrying gr'minin operation of any kind shall be permitted upon the Property, nor shall oil welts, tanks, tunnels, mineral excavations or shafts be permitted upon the Property. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon the Property. 2.9 . Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose and provided that the keeper of such pets complies with. ail city and county laws, rules and regulations. Owners are encouraged to place dog runs and kennels in rear yards. They shall only be permitted to be placed and maintained in rear or side yards and in no event shall such structure be visible from a street. All such kennels or facilities shall comply with all applicable laws and rules, except that dog runs and kennels may be placed within side and rear yard setback lines. Ail dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of property of others. Dogs shall not be allowed to run at large and must be leashed when outside any dwelling or fenced yard. No more than two (2) animals may be kept at one time, except that a litter of young may be kept until eight (8) weeks old. 2.10 Garbage and Refuse Disposal. No rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on the Property except trash kept and maintained within the interior of a Unit in sanitary containers. All such material shall only be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean, neat and sanitary condition. 2.11 Aesthetics. Roofs must be asphalt shingles or better. No gravel roofs, split-entry or prebuilt homes will be allowed in the subdivision. Exterior colors shall be earth tones or other light colors. Bright or bold colors or very dark colors shall not be permitted. Some brick or stucco on the front exposure will be required. Bay windows, broken roof lines, gables, hip roofs, etc., are strongly encouraged. 2.12 Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three (3) and eight (8) feet above the roadway shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street Property lines and a line connecting them at points thirty (30) feet from the intersection of the street lines, or in the case of a rounded DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 4. FVS/slrl03/31/92(KeameyDeclaration) Property corner from the intersection of the street Property lines extended. The same sight line limitation shall apply on any Lot within ten (10) feet from the intersection of a street Property line with the edge of the driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 2.13 Declarant's Rtght. Declarant reserves the right to construct residences and other improvements upon said Lot and to offer the same with completed structures thereon for sale to individual Owners. 2.14 Boats. Campers and Other Vehicles. Parking of boats, trailers, motorcycles, trucks, motor homes, campers and like equipment, including any junk cars, inoperable cars or vehicles, or unsightly vehicles, shall not be allowed on any part of the Property, nor on streets adjacent thereto or within the Property, excepting only wthin the confines of an enclosed garage, or other enclosure approved by the Committee, and no portion of same may project beyond the enclosed area. Notwithstanding the foregoing, any Owner or guest of any Owner may park a trailer, boat, motorhome or camper on a driveway or a public street in the Property for a maximum of three (3) consecutive days, provided such is not in violation of the ordinances of the City of Meridian. The Committee shall be the sole and exclusive judge of approved parking. 2.15 $ewage Dlsoosal. No individual sewage disposal system shall be permitted on any Lot. All recorded Lots within this Subdivision shall be subject to and restricted by the following recorded Subdivision Covenants: 2.15.1 A monthly sewer charge must be paid after connecting to the Meridian City public sewer system, according to the ordinances and laws of Meridian City. 2.15.2 Owner shall submit to inspection by either the Department of Public Works or the Department of Building Safety whenever a subdivided Lot is to be connected to the sewage system. 2.15.3 The ApplicanUOwner of the Subdivision shall and hereby does vest in Meridian City the right and power to bring all actions against the Owner of the Premises hereby conveyed or any party thereof for the collection of any charges herein required and to enforce the conditions herein stated. 2.15.4 The recording of this plat by Declarant shall be deemed and construed as a request for the annexation of its Property to the corporate limits of Meridian City. Such requests and consents shall be binding on all subsequent purchasers or,Owners of Declarant's property. 2.16 Bathrooms. All bathrooms, sink and toilet facilities shall be inside residence buildings and shall be connected by underground pipes directly with the sewer system. 2.17 Antennae. No television antennae, satellite receivers or radio aerials shall be installed on the Property, other than within the interior of a Unit. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 5. FVS/slr/03/31/92(KeameyDeclaration) 2.18 Unsightly Articles. No unsightly articles shall be permitted to remain on any Lot as to be visible from any other portion of the Property. Without limiting the foregoing, no clothing or household fabrics shall be hung, dried or aired in such a way as to be visible from any other portion of the Property. No lumber, grass, shrub or tree clippings or plant waste, compost piles, metals, building or other materials or scrap or other similar material or articles shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened from view as approved, in writing, by the Architectural Control Committee. "Screened" is defined as being concealed or made non-visible from eye level, at grade, at all points within the Property. ,rr .. 2.19 Construction. During the course of actual construction of any permanent improvements, the restrictions contained in this Declaration and any supplemental declarations shall be deemed waived to the extent necessary to permit such construction, provided that during the course of such construction nothing shall be done which will result in a violation of these restrictions upon completion of construction and all construction shall be diligently prosecuted to completion, continuously and without delays. 2.20 Reconstruction. In any case where it is necessary to reconstruct a Unit, said reconstruction shall be prosecuted diligently, continuously, and without delays from time of commencing thereof until such structure is fully completed and painted, unless prevented by causes beyond control and only for such time that such causes continue. 2.21 Prosecution of Construction Work. The construction of all dwelling houses and structures shall be prosecuted diligently, continuously and without delays from the time of commencement thereof until completion and painting. Ali structures shall be completed as to external appearance, including finish painting, within one (1) year from the date of commencement of construction, except as specifically provided ffor yards as set forth in Section 2.25. 2.22 Maintenance and Repair. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration and reconstruction thereof within ninety (90) days of such damage or destruction. 2.23 Light. Sound -General. No light shall be emitted from any Lot 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 odors shall be emitted on any Property which are noxious or offensive to others. 2.24 Fences. All fences shall be of vertical cedar or equivalent design and construction. No chain link fences, grape stake fences or fences or basket-wave design shall be allowed, except that chain link fences may be installed along the drainage canal and the easement between emergency vehicle access bisecting Lots 2 and 3, Block 3. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 6. FVS/slr/03/31/92(KearneyDeclaration) • any Lot which sr adjacentSoda sweet must be placed with sod within twenty-one (2~) days of substantial completion, or occupancy, whichever shall first occur, or as soon thereafter as the weather permits. All remaining portions of the yard area of each Lot must be planted with sod, seeded and/or Landscaped, within one (1) year of occupancy of the Unit. 2.26 No Dumping. No excavation material, grass or yard clippings, rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on any vacant or unimproved Lot, without the prior written approval of Declarant or the Architectural Control Committee. The Owner of any Lot who dumps such material shall be liable for the cleanup and/or remoVal"costs. 2.27 O[ifbuiidin~s. Only one outbuilding per Lot will be allowed. All outbuildings shall be constructed of good quality building materials, completely finished and painted on the outside and shall be of good qualty and character that will be in harmony with the other buildings on said Property and must be approved by the Architectural Control Committee. 2.28 Irrigation. In accordance with the provisions of Idaho Code, Section 31- 3805, the Declarant assumes no responsibility for providing water for irrigation purposes other than through the domestic system, and the purchases acknowledges the following: 2.28.1 That irrigation water deliveries have not been provided. 2.28.2 That the Owner of the Lot must remain subject to all assessments levied by the irrigation entity. 2.28.E That the purchaser shall be responsible to pay such legal assessments. 2.28.4 That the assessments are a lien on the land within the irrigation entity. 2.29 Damage to Improvements. It shall be the responsibility of the builder of any residence of this Subdivision to leave the street, curbs, sidewalks, fences and tiled irrigation lines, utilities and all other improvements free of damage and in good and sound condition at the conclusion of the construction permit. Fine grading on each individual Lot shall be required to conform to FHA grading and drainage specifications. it shall be conclusively presumed that all such improvements are in good and sound condition at the time building is begun on each Lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which notice is addressed to a member of the Architectural Control Committee. ARTICLE III ARCHITECTURAL CONTROL COMMITTEE a,; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 7. FVS/slr/03/31/s2(KeameyDeclaration) 3.1 Architectural Control Committee. A committee of three (3) persons shall act as an Architectural Control Committee and shall, prior to any new construction in said subdivision, tie furnished with one set of detailed plans and specifications of any proposed building to be located on said Property and shall be allowed fifteen (15) days to review said plans, drawings and specifications. If said Committee shall approve the proposed building, or any modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by two members of the Committee, and their approval shall be construed as full compliance with the provisions of paragraph one (1) of the original Covenants. Said Committee shall have the sole discretion to determine what shall be substantial compliance with said Covenants. No building shall occupy any portion of said Property without prior consent of said Committee. The Committee'shall consist of the following: Daniel A. Wood, Dixie L. Wood and Brett Sullivan. ~ "" A Committee member may participate in the Committee's decision regarding his own improvements on his own plans and specifications. Notwithstanding any other provision to the contrary in this Declaration, a majority of said Committee is empowered to act for the Committee. In the event any member of the Committee is unable to act or fails or desires not to act, the remaining Committee members shall appoint an Owner of a Lot in said Subdivision to serve on said Committee, all of whom serve without compensation. Neither the Committee, its members nor Grantor shall incur any liability for any omission or act by'any of the above-named parties under this Article 2 or in the enforcement of this Declaration. 3.2 Architectural Control. No improvements which will be visible above the ground or which wtlt ultimately affect the visibility of any above ground improvement shall be built, erected, placed or materially altered, including without limitation, change of exterior colors or materials, on the Property unless and until the building plans, specifications and plat plan have been reviewed in advance by the Architectural Control Committee and the same have been approved by the Committee. The review and approval or disapproval may be based upon the following factors: design and style elements, mass and form, topography, setbacks, exterior color and materials, physical or artistic conformity to the terrain and the other improvements on the Property which the Committee, in their reasonable discretion, deems relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the improvements. The Committee may also consider whether the proposed structure and design shall be in harmony with the surroundings, the effect of the building or other structure or alterations therein as planned when viewed from the adjacent or neighboring property effect or impairment that said structure will have on the view of surrounding building sites, and any and all other factors which, in the Committee's opinion, shall affect the desirability of such proposed structure, improvements or alterations. Actual construction shall comply substantially with the plans and specifications as approved. This Declaration is not intended to serve as authority for the Committee to control the interior layout of design of buildings except t0 the ext811t Inciaentatiy necessitated by use and size requirements. DECORATION OF COVENANTS KEARNEY PLACE SUBDIVISION, p ' CONDITIONS AND age 8. Fvsistria~isvs2fK a neRICTIONS FOR YDeclaretion) 3.3 Review of Proposed Construction. The Committee shall consider and act upon any and all proposals which shall be submitted in writing and contain plans and specifications submitted to it for its approval pursuant to this Declaration and in addition, shall have the right to inspect the construction of the improvements in progress to ensure their conformance with the plans approved by the Committee. The Committee shall have the power to determine and make, provide for and adopt rules to determine which types of improvements and whether such improvements satisfy the requirements imposed by this Declaration and are in harmony with the purpose of this Declaration. The Committee shall approve proposals submitted for its approval only if it determines that the construction, alterations or additions contemplated thereby and the locations indicated will not be detrimental to the appearance of any structure and the Property in general, and will be in harmony with the Property and surrounding structures. 3:3.1 Conditions on Ap royal. The Committee may condition its approval upon such changes therein as it deems appropriate and may require submission of additional plans and specifications or other information before approving or disapproving any proposal submitted. 3.3.2 Detail of Plans. The Committee may in its sole discretion determine the level and nature of detail of plans and specifications submitted for its review as it deems proper, including without limitation, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material colors. Until receipt by the Committee of any required plans, specifications and additional information, the Committee may postpone review of any plans submitted for approval. 3.3.3 Committee Decisions. Decisions of the Committee and the reasons therefor shall be transmitted by the Committee to the applicant at the address set forth in the application for approval within fifteen (15) days after the filing of all materials required by the Committee. The complete application, including any additional materials and detailed plans requested by the Committee, shall be deemed approved unless written disapproval or requests for additional information shall have been mailed by the Committee or any member thereof to the Applicant within fifteen (15) da s after the date of filing of said materials with the Committee. Such fifteen (15~ day period shall only commence to run when the Committee has acknowledged in writing the acceptance of such application as complete. 3.3.4 Committee Office and Addr . s. The Committee's office address and agent for purposes of submission of plans and additional material shalt be Daniel A. Wood's. All plans and material shall be submitted to him personally or at the following address: 628 Lawndale, Meridian, Idaho 83642. 3.4 Meetings of the Committee. The Committee shall meet from time to time as is necessary to perform its duties hereunder. The vote of any two members of the Committee, or the written consent of any two members of the Committee taken without a meeting, shall constitute an act of the Committee. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 9. FVS/sId03/31/92(KeameyDeclaration) 3.5 No Waiver of Future Approvals. The approval of the Committee of any proposals for any work done or proposed, or in connection with any other matter required in the approval and consent of the Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposal subsequently or additionally submitted for approval or consent by that or any other applicant. 3.6 Inspection of Work. At any time during construction or after completion of construction, the Committee or any member thereof may inspect the work and should the Committee determine that the work or improvements are not being made in conformance with the plans and specifications submitted to and approved by the Committee, may notify the applicant and demand that such improvements be constructed or reconstructed in accordance with the submitted plans and specifications. Should the applicant, the Owner or the applicant's or Owner's contractor fail to construct or reconstruct the improvements in accordance with the plans and specifications submitted within five (5) days after written notice of noncompliance by the Committee, the Committee may seek any judicial remedy at law or in equity, including a mandatory or affirmative injunction to require compliance with such plans and specifications, or this Declaration, and shall additionally be entitled to recover its reasonable attorneys fees and costs. 3.7 Variances. The Committee may authorize variances from compliance with any of the architectural provisions of this Declaration or any supplemental declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Committee, and shall become effective upon recordation in the Office of the County Recorder of Ada County. If such variances are granted, no violation of the restrictions contained in this Declaration or any supplemental declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any supplemental declaration for any purpose except as to the particular Property and particular provision hereof, covered by the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any supplemental declaration for any purpose except as to the particular Property and particular provision hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting his use of the premises, including but not limited to zoning ordinances and Lot setback lines or requirements imposed by the City of Meridian or any governmental authority. ARTICLE IV EASEMENTS 4.1 Maintenance and Use Easement Between Walls and Property Llnes. Whenever the wall of a structure or a fence constructed on a Lot under plans and specifications approved by the Committee is located within three (3) feet of the property DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 10. FVS/slr/03/3/s2(KearneyDeclaration) • • line of such Lot, the Owner of such Lot is hereby granted an easement over and on the adjoining Lot (not to exceed three (3) feet for the property line) for purposes of maintaining and repairing such wall or fences and eaves or other overhangs, and the Owner of such adjoining Lot is hereby granted an easement for landscaping purposes (not including permanent structures) over and on the area, if any, lying between the Property line and such structure or fence so long as such use does not cause damage to structure or fence. 4.2 Other Maintenance Easements. Easements for installation and maintenance of 'utilities and drainage facilities are reserved as shown on the recorded plat. 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 drainage channels in the easements; or which may obstruct or retard the flow of water through drainage channels in the easements. 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 authority or utility company is responsible. 4.3 Special Emergency Access Easement and Maintenance Agreement. Lots 2 and 3, Block 3 are subject to an Easement and Maintenance Agreement dated March 20, 1992, between Gordon R. Wood and Margaret M. Wood and the City of Meridian, recorded as Instrument No. 9216577, records of Ada County, Idaho (the "Special Easement"). This Special Easement provides for temporary emergency access from Dixie Lane to the Property along the common boundary between Lots 2 and 3, Block 3, and over lands currently not located in the Property owned by Gordon R. Wood and Margaret M. Wood to North Dixie Lane. Upon the City of Meridian's approval of another access to the Property as described in said Special Easement, the easement shall be vacated and the Owners of Lots 2 and 3, Block 3 and other lands over which the easement passes, shall be released from the easement and the duties imposed thereunder. 4.4 Lots 1 and 10, Block 1, and Lots 1 and 4, Block 2, are subject to a 20 foot wide storm water retention easement for the benefit of the Ada County Highway District as specified on the plat upon which is or shall be constructed a water retention basin. Such easements may be landscaped by the Declarant and Owner, except that no improvements shall be constructed or trees or shrubs planted on or within such easement which shall interfere with the purpose and operation of such basins and easements. The Owner of each Lot shall be responsible for maintaining, at his expense, the easement located on his Lot for the benefit of the Ada County Highway District. ARTICLE V GENERAL PROVISIONS 5.1 Enforcement. The Declarant or any Owner, or the Owner shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, imposed by the provisions of this Declaration. Failure by the Declarant or an Owner to enforce any covenant or restriction herein contained shall in no way be deemed a waiver of the right to do so thereafter. _ •.1`J' ~~i7 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 11. FvS/sir/03/31/92(KeameyDeclaration) 5.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. 5.3 Interpretation. The terms, covenants and conditions hereof are to be read and interpreted consistently and in a manner to protect and promote Property values. 5.4 Term and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods ~of ten (10) years unless an instrument signed by seventy-five percent (75%) of the then Owners of the Lots has been recorded, agreeing to change said covenants in whole or in part. This Declaration may be amended, restated, replaced,- terminated or superseded during the first twenty (20) year period by an instrument. signed by two-thirds (2/3) of the Lot Owners; provided, however, that if Grantor is still the Owner of any Lots the provisions may not be amended without the written consent and vote of the Grantor. IN WITNESS WHEREOF, th~undersigned, being the Declarant herein, has hereunto set its hand and seal this day of ~ ~ , 1992. D. W., INC., an Idaho corporation ~~ ~. ~~~ Daniel A. Wood, President ~- STATE OF IDAHO • ) ss. County of Ada ) On this '`~v~ day of ~'~ 1992, before me, the undersigned, a notary public in and for said state, personallyy ap eared DANIEL A. WOOD, known or identified to me to be the President of said D. W., Inc., an Idaho corporation, whose name is subscribed to the above and foregoing instrument and acknowledged to me that he executed the same on behalf of said corporation and acknowledged that said corporation executed the same.`? IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea(the day and year first above written. ~ ~~ "' =~ ~ Notary Public for Idaho ~ ~ ~' "~ Residing at Boise, Idaho t~ ;, U a ' p ` My Commission Expires: ~ aa- 9 yl f ~ ~'~' DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KEARNEY PLACE SUBDIVISION, Page 12. FVS/sir/o3/31/92(KeameyDeclaration) FINAL PLAT KEARNEY PLACE SUB # 2 COMMENT S 1: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER: 2: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED CONII~]TS: 3: MERIDIAN SCHOOL DISTRICT: SEE LETTER ATTACHED: 4: CITY ENGINEER: SEE ATTACHID CGNA4Q~7TS: 5: POLICE DEPT: NO OBJECTIONS: 6: FIRE DEPT: NO PROBLIIV]S WITH THIS SUBDIVISION: 7: SECJER CGNH~IENTS: NO CCAM'~7TS AT THIS TIME: 8: STREET NAME COMMITTEE: SEE ATTACHID FOR APPROVED NAMES: OFFICIALS JACK NIEMANN, Clty CIeA JANICE GABS. Treuurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney EARL WARD. Weste Weter Supt. KENNY BOWERS, Flre Chlef BILL GORDON, Police Chlef GARY SMITH, Clty Engineer July 31, 1992 • HUB OFTREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (1A8) 887-0813 GRANT P. KINGSFORD Mayor Mr. Gary R. Lee, P. E. /L. S. JUB Engineers, Inc. 250 S. Beechwood Ave., Suite 201 Boise, Idaho 8'x709-0944 RE: KEARNEY PLRCE SUB. NO. 2 FINAL PLAT Dear Gary, COUNCILMEN RONALD R.TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chelrmen Zoning 8 Planning JIMJORNSON We have reviewed this plat for conformance with City Standards and find that it complies. If you should have any questions or concerns please don't hesitate to call me at 888-4433. Sincerely, Garv Smith, P.E. City Engineer cc. File City Clerk ~ .z I ~~ I I I I I I I I I I I I I I I I I ~~ °~~ ~~~~~~~~~~~~~~~~3~3~ ~ f] ~ t~7 b y C T~ r~ n N ~ y g GsJ d hl H n ~ to ~ t• n ~7 ~ 3 ~ 4 ~,bp 4+ ~ y H y g :3 ~ y~ RI ~ r r ~ ~ j H H L3' `°__y._ O H _ _ __. _ _. ___. __ ___.. __.__._ _ ._ ~_ __. E 3 H .. ~ H O 10~ O m ~ K ~ ~ r K °' m ~ I ~ ~ ~ a`! ~~U' ~ ~,W G G' G' fD C O N O N rt p ~ ~ W ~ ~ F-' 1 rt rt ' O •GGYYy.. '~ n rt rya N n w O Kl N fD N ~J N a b .'~ C/) GL N fD Z ~ ~ o a' w n .~ ny ~ w c m w N b7 .y. m~ ~ ro ~. n ~ n w H 7 m g q ~ 'c o 7 a o rt o o n w v LQ] ~ y K oo ~ m awo n m w m z n e w ~ o r* o .~ n oo w rD w x n n m ~ c ~ 7~ 7- w m o a+ n N n m r. r w a 7 ~' w c w m ,~ rco ~~ .o a ~ ~` o ~ - oazwrtao nmoY.o~ N w c~F'8 a+r~o w`< c.p oom ~.N F ~ o m ~o m o w~ I F n n ~ w ~ w m m m n G n '~ 0 ~* N ~ n G R+ h rt 'S H B ".'C m N w ~ I m. ,.. o~ n Y. rt l ... 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In i--~ £ O ~ ~/l ~ G ~ ~ ~ N W W 'o ~ m o v o f .~ w rn z ~ ~ ~ £ Cw0 ~ n A .C rr U1 m T1 a m c w x 1a' ~ N m ~ n ~ O I ~ • • SUPERINTENDENT OF SCHOOLS Dr. Nick Hallett DEPUTY SU PE RINTEN DENT OR EJCCE!! Dan Mabe, Finance & Administration ,~~, j ~ ~,ff~ ASSISTANT SUPERINTEN DENT '~~/j~~/~ Bob Haley, Instruction & Personnel en DIRECTORS Jim Carberry, Secondary Darlene Fulwood, Elementary ~~ JOINT SCHOOL DISTRICT N0.2 911 MERI DIAN STREET MERIDIAN,IDAH083642 PHONE1208~888~6701 July 13, 1992 Meridian City Council 33 E. Idaho Meridian, Idaho 83642 RE: Phase II Kearney Place Subdivision Dear Councilmen: I have just reviewed the preliminary plans for Phase II Kearney Place Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. We require support for these revenue sources from developers and other interests seeking planning and zoning approval for residential projects. If this support is lacking then we ask that additional residential development be denied. School bus service may be restricted if adequate turnarounds and loading areas are not provided. Residents cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, ,GJ~ 7u~ Dan Mabe Deputy Superintendent SUBDIVISION EVALUATION SNEET Proposed Development Name _KEARNEY PLACE SUB NO 2 City MERIDIAN Date Reviewed 7/9/92 Preliminary Stage Final RR7IXXXR Engineer/Developer J-U-B Enar./Dan 6 Dixie Wood Date Sent The following SUBDIVISION NAME is approved by~lthe Ada County Enginner or his designee per the requirements of the IDAHO STATE CODL~ KEARNEY PLACE SUB NO 2 (~ ~ R 1~1~ Date C Z,~ The Street name comments listed below are a by~the members of the COUNTY STREET NAME COMMITTEE (under direction of thdllda County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as• "N. LOCUST GROVE ROAD" "E. FAIRVIEW AVENUE" "E CHATEAU DRIVE" .The following new street names are approved and shall appear on the plat as• "N. DEVLINAVENUE°' "N. WINGATE PLACR" The above street name comments have been read and approved by the following agencq representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the slgnaturea must be secured by the representative or his designee in order for the street names to be officially approve ADA COUNTY STREET NAMB COMMITTEE, Ada County Engineer John Priestar Ada Planning Assoc.. Terri Raynor DESIGNEES Date ~_ J,, / Date //~/~Z Meridian Fire Dept. Representative Date NOTE: A copy of this evaluation sheet gnat be presented to the Ada County Bnginear at the time of signing the "final plat", otherwise the plat will not be signed IIII Sub Index St~t Index Map NUMBERING OF LOTS AND STACKS y~r~ ~~~r.,~ ~~~~y~- REVIEW SHEET Rezone # Conditionalsls~# Preliminar /FinaV hort Plat lON ~J' Retum to: ~BOISe ^ Eagle ^ Garden City -~ ~ Meridian ^ Kuna ^ Acz ^ 1. We have no objections to this proposal. ^ 2. We rewmmend denial of this proposal. ^ 3. Spec'rfb knowledge as to the exact type of use must be provkled before we can comment on this proposal __ - __ --__ ^ 4. We will require more data concerning soil conditions on this proposal before we can comment. ^ 5. Before we can comment conceming individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. W ~ n approve this proposal for individual sewage disposal to be boated above solid lava layers: 2 feet 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ® Cemral sewage ^ Community sewage system^ Community water well ^ Interim sewage ~ Central water ^ Individual sewage ^ Individual water ® 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Wetlare, Division of Environmental Quality: ® Central sewage ^ Communty sewage system^ Community water ^ Sewage dry lines ® Central wati;r 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ 13. ^ Food establishment ^ Swimming pools or spas ^ Beverage establishment ^ Grocery store CENTRAL •• DISTRICT ~HEALTI~ DffA0.TMFNT ^ Child Care Certter DATE: ~~y~~~-~ Reviewed by: / ~ ~ ~! 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C9 T' `' is O ~ r ~ ~, ^. ~ t d " ~ ~ O ~ ~ r ~ ~ ~ ~~ ~' N ~ ~ :' ?' ~ ~ a t ~ ~ k ~ I I I I I I I I I I I I I ~ ~ ~ g o d ~ ~ ~ ~ ~y ~~ H H r C H a r N ~~~ ~ ~ ~ ~~~ ~y~7 y~j ~ ~ ~ ~L"'H9 ~2 H ~~C ~~Q Fo~~ y ~ ~ ~ ~y ~ O £ ro ~ H ~ w H ~ ~~ ~ ro rr y ~ r~+ lD H ~ y q CCroin1 ~ C7 ~ ~ ro y ~ ~ .. ~~ ~ z° y ~' c'~ o ~ o r~ .. o~ ~ ~ N ~ o I .. w w m H S n T+ ~ ~ t~ Ti ~ 'O HU' ~U' K f~] O ~ .A ~ ~ 3 UJ "' 3 ~ ~ o z i S~ e- H H q ~, ~ o ~ ~ ~ o ~C+ x ~ ~n ~ ~ o H ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ z ti z cam- ~ ~ ~ ~5 ~ . ~ o~ t~1 ~ ~ ~ ~, ~ ~ r S~~ H O g ~ ~ ~~ H ~ by Z ~ ~ ~ ~ ~ m H z ~ 3r° d ~ ~r b d t~ C~1 Tai 4 b a+ 3 H O .~p Zy~ ~ y K R' ~ ~ H 'z+] N H H 3 3 ~ Z H •Z• C ~ ~ [~! y. d ~~i H tro+ ~C H +~pH ~ O H Rf ~ yn U1 ~ y ~ ~ CN+] r ~G H H p ~ 2 7.. ~ C'~ H w K v ~ K r w m a, m k ~ ~ ~. k o ~ ~ ~ ~ o H y ~ b ~ k ~ ~ o ~ ~ ~ m N H .. y •"CC•J z a. (~ O tG-+1 ~ r k o ~p ~ ~ J 3 N fU ~ ~ r ch ~ N ~ N o ~ ~~~ ~ ~ ~ 5~~ H r fyzn H ~~~'i' y~ G~~" ~ l~ ~ y yn w O ~„C. H ~ H ~ hC ~ ~O'J :S C7 ~ ~G fj ,~~, y ~ ~~ 8 ~ z` y r ~ q ~ ~~y ~ ~~~++. ~ ro H Cj •• h]v ~ ' C C ~ I N I IN I3 I~ I~ I I Iyy I I IA I I I I I I~ ~+ O d ~ G H M CO H 4 zC 5C H ~ 2y~ T~ y~ yH~ yH ~ p~ [O• ~ rCi C X ~G~gtl ply ~ 3 ~ 3 CyO+I 3 r ~ '~ Z O ~ A7 C Z ~ Z Z 'GO t~+ ~ [d~7 H ~ C y 'v ~ ~ ~ y N O JJ ~ z ~ 8 ~ ~ ~ ~ H.~ ~ ~ H ~ ~ ~ ~~ ~~~ r ~~~or ~ ~7 O O ri ZV LA ~ ~ C7 ~ 4 ro a+ 3 y YO ~~ H b (] r ~ :~ Q, [~1 yi N H C%~ pCp ~ ~~ ~ ~ ~ ~ ~ H v ~ ~ Z H r ~ ~ r' K v 8 "' ~d ~ ~ o~ ~ ~ K H ~ q ~ ~ N ~ y m ~ r, r ~ ~ ~ N r N ~~~ ~ ~ ~ 5~ l7 ~Hpi H ~C ~ ~O~ GH H N(UO ~~ ~ ~ z y 1F~~~~] ~ ~ ~5~~2+ ~~ ~ w ~ ~ ~F]~ ~p' C '~. ~ y N CrJ .R7 O ]y p I•• ~~.u.B~ ~~ June 30, 1992 Mr. Jack H. Niemann City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 • J-U-B ENGINEERS, Inc. ENGINEERS•SURVEYORS•PLANNERS 250 S. Beachwood Avenue, Suite 201 Boise, ID 83709-0944 208/376-7330 FAX: 208/323-9336 Re: KEARNEY PLACE SUBDIVISION NO. 2 (Wood Property) Dan & Dixie Wood Dear Mr. Niemann: Enclosed for your review and processing are the necessary documents as established by the City of Meridian Ordinances for a Final Plat for the above subdivision. As stipulated by said ordinance, please find enclosed the following: 1.: 30 copies of the. Application for a. Final Subdivision Plat. 2. 30 copies of the Final Plat, Sheet 1, 18" x 24", at a scale of 1" = 100'. 3. Three copies of the Final Plat signature page, Sheet 2, 18" x 24". 4. 10 copies of a reduced copy of the Final Plat at a scale of 1" = 300'. 5. A check in the amount of $250.00 for the application fee from Dan Wood, Also, per City requirements, on behalf of the developer, Dan Wood, we wish to make a Statement of Compliance as follow: 1. Streets,. curbs, gutters, and sidewalks will be constructed to standards as required by Ada County Highway IIistrict and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. The proposed use of this development is in conformance with the City of Meridian Comprehensive Plan. 3. This development will connect to City services. 4. This development will comply with City Ordinances. J ~~ u-B~ ~ Engineers Surveyors Planners Mr. Jack H. Niemann June 30, 1992 Page 2 • 5. This Final Plat is in conformance with the approved Preliminary Plat. 6. The street names are as approved by the Ada County Street Name Committee and will not conflict with the City of Meridian grid system. Please review the enclosed information and schedule for the next available City Council Meeting. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. ry A. Lee, P.E./L.S. GAL:ls Enclosures cc: Dan Wood Project No. 18414-02 ~. ~ M N ~ I~ I I I~ I~ I~~ I I$ to I I I~ I I~ 114 H Z O Hm m ~ ~ ~7' T~1 ~H3 ~' r N C ~C W py 3 3 O N H O tH"' ~ ~ hf C G rt ~ hC A ~ ~ [nl1 G~ ~ ~ ~ L+f 3 r~°~~ ~~d~~~q~~m~~~~;~"row ~~ x~ m d ~n Zg ~ropo t~ ~ ~ ~ hbo ' ~ ~ ~ r "' ~ 'bz H r ~ H~ G] H y ro H z r ~ ~ ~ t~ ~~~ ~ ~ ~ o ~ ~ n O r H ~ ~.d z ~ 3 ~ d ~ Cq' H O m n~ ^~ 4 yyro R+ 3 H O ~ Z y Gyro~J H Y ~ ~ m 'z7 R+ Z CdiJ b ~' ` r r~ d ~ ~ 3 E S] 3 ~ z y LCsJ ~n R'' m b ~ H 9 ~ H yz tr+ T~ K ~ H (n r ~ O '~ ~ H ~ ~ ~ ~ K r m ~ k 8 4 2 N 'fj c UU~11 Z ~„~ t" T~ o~ ~ ~ r yqy ~ ~ y [~7 N H '.L" ~A • fit] r ~-t l0 J N r N o ~' ~~~ ~ ~ ~ H~~ ~ ~ Hy ~ ,~~ ~ ~ro~ o ~Z ~ ~ ~~~, ' y ~ ~ ~o~ d ~ r Ha~~ N~ ~ ~ g ~ '~~p ~ ~ H ~ ~ b M U! v O ~ ~ ~TJ C7 ~ o y ~ ~ ~ :~ ~ ~ $ ~ y°, K J-U-B ENGINEERS, Inc. ENGINEERS•SURVEYORS•PLANNERS ~~uB~ • • ' 250 S. Beachwood eVIDu83709-0944 208/376-7330 FAX: 208/323-9336 June 30, 1992 Mr. Jack H. Niemann City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 Re: KEARNEY PLACE SUBDIVISION NO. 2 (Wood Property) Dan & Dixie Wood Dear Mr. Niemann: Enclosed for your review and processing are the necessary documents as established by the City of Meridian Ordinances for a Final Plat for the above subdivision. As stipulated by said ordinance, please find enclosed the following: 1. 30 copies of the Application for a Final Subdivision Plat. 2. 30 copies of the Final Plat, Sheet 1, 18" x 24", at a scale of 1" = 100'. 3. Three copies of the Final Plat signature page, Sheet 2, 18" x 24". 4. 10 copies of a reduced copy of the Final Plat at a scale of 1" = 300'. 5. A check in the amount of $250.00 for the application fee from Dan Wood. Also, per City requirements, on behalf of the developer, Dan Wood, we wish to make a Statement of Compliance as follow: 1. Streets, curbs, gutters, and sidewalks will 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 be five (5) feet in width. 2. The proposed use of this development is in conformance with the City of Meridian Comprehensive Plan. 3. This development will connect to City services. 4. This development will comply with City Ordinances. .r UB~ ` • Engineers Surveyors Planners Mr. Jack H. Niemann June 30, 1992 Page 2 5. This Final Plat is in conformance with the approved Preliminary Plat. 6. The street names are as approved by the Ada County Street Name Committee and will not conflict with the City of Meridian grid system. Please review the enclosed information and schedule for the next available City Council Meeting. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. ~~y ~'~°_~~~ ryI A Lee, P.E./L.S. GAL:ls Enclosures cc: Dan Wood Project No. 18414-02 REQUEST FOR SUBLIVISION APPROVAL PRELIMINARY FLAT 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 P. M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION Woods Annexation 1. Name of Annexation and Subdivision, Kearney Place Subd. No. 2 2. General Location, Chateau Drive/Dixie Lane 3. Owners of record, Dan and Dixie Wood Address, 628 Lawndale, Meridian ,Zip83642 Telephone 888-2936 628 Lawndale 4. Applicant, Dan Wood Address, Meridian, Idaho 83642 5. Engineer, Gary A. Lee, P.E./L.S. Firm J-U-B ENGINEERS, Inc. Address250 S. Beachwood Ave. , BoiseZip 83709 Telephone 376-7330 6. Name and address to receive City billings: Name Dan Wood 628 Lawndale Address Meridian, Idaho Telephone 888-2936 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 6.24 2. Number of lots 25 3. Lots per acre 4.0 4. Density per acre 4.0 5. Zoning Classificationcs! R-8 .' 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification R-8 Existing 7. 8 9 Does the plat border a potential green belt No Have recreational easements been provided for No Are there proposed recreational amenities tc the City No Explain 10. Are there proposed dedications of common areas? No Explain For future parks? No Explain 11. What school(s) service the area Chief Josevh do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City None Water Supply Fire Department Other Explai 13. Type of Building (Residential, Commercial, Industrial or combination) Residential 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other Sin¢le-family only 15. Proposed Development features: a. Minimum square footage of lot(s), 7200 b. Minimum square footage of structure(s) 1,300 SF c. Are garages provides for, Yes square footage 400 SF d. Are other coverings provided for No e. Landscaping has been provided for NO Describe (2) f. Trees rill be provided for No Trees will be maintained g. Sprinkler systems are provided for No h. Are there multiple units No Type remarks i. Are there special set back requirements Yes Explain As shown on plat Lots 6 and 9, Block 2 j. Has off street parking been provided for Yes .Explain Driveways and garages k. Value range of property $80,000-$110,000 1. Type of financing for development Conventional, FHA. HUD m. Protective covenants rare submitted NO .Date Prior to mtg. 16. Does the proposal land lock other property No 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 Highray District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks rill be five t5) feet in width. '?. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 9. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. l3) PLAT SHOWING KEARNEY PLACE SUBDIVISION NO. 2 A Ppi110N OF 11& N I/1, f~ I/1, SW 1/4, SECTION S IOYMS!p 3 Ngt1H, RANGE I EAST, BgSE NERIgAN MERIDIAN, ADA COUNTY, IDAHO 1992 ' ~ e o i ~ e o +z ~ • , s • a +o +, z ~ z a wr autwi o~vc ~ a a s u s o +o ++ +s u + J-U-B ENGINEERS, INC. 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