Parkside Creek Subdivision FPi 0
SUBDIVISION EVALUATION SHEET
Proposed Development Name ROD'S PARKSIDE CREEK SUB NO. 1 City MERIDIAN
formerly PARKSIDE CREEK SUB.
Date Reviewed 10/29/92 Preliminary Stage Final KK%KK
Engineer/Developer Hubble Ener /L & R Sales Date Sent
The following SUBDIVISION NAME is approved by the Ada County Enginner or his
designee per the requirements of the IDAHO STATE CODE.
�
ROD'S PARKSIDE CREEK SUBDIVISION NO 1 R.
The Street name comments listed below are made by the mfimbers of the ADA COUNTY
STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this
development in accordance with the Boise City Street Name Ordinance.
The following existins street names shall appear on the plat -as:
"N TEN MILE ROAD" "W CHERRY LANE"
"N. BLACK CAT ROAD"
The following new street names are approved and shall appear on the plat as:
"W. BLUE CREEK DRIVE" "W. PINE CREEK COURT"
"W. BIG CREEK DRIVE" "W. BIG CREEK COURT"
"W. PARK CREEK DRIVE"
The following new street names are over ten letters in length and cannot be
approved unless Ada County Highway District will state in writing that they will
fit on a street sign:
"W. ASPEN CREEK DRIVE" "N. NOTEL CREEK PLACE"
"N. LITTLE CREEK PLACE" "W. THORN CREEK COURT"
The above street name comments have been read and approved by the following
agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the
signatures must be secured by the representative or his designee in order for the
street names to be officially approved.
ADA COUNTY STREET NAME COMMITTEE, A CY�'REP ENTAT OR DESIGNEES
Ada County Engineer John Priester ^ L2 Date
i
Ada Planning Assoc. Terri Raynor/h h ate 4* -11
z
Meridian Fire Dept. Representative Date
NOTE: A copy of this evaluation sheet mast be presented to the Ada County
Engineer at the time of signing the "final plat", otherwise the plat will not be
signed 1111 Sub Index Street Index
X,
NUMBERING OF LATS AND BLACKS
U Sales
October 19, 1992
Mr. Charles Rountree, Chairman
western Ada Recreation District
3751 woodmont Drive
Meridian, Idaho 83642
P.O. Box 36
Caldwell, Idaho 83606
(208)888-9856
1°
Dear Mr. Rountree:
will
Please find attached an outline as to what L & R Sales and what is expected
ected
ofthevideWestern
of Ada Recreation 11 bept
if you have any further questions or concerns please contact
L & R Sales direct .
Sincerely,
L & R SALES
Rod Trumbull
cc: Jack Niemann
enclosure
0
L & R Sales Agrees to do the following:
L & R Sales will provide Sewer line to park.
City Water connection will be restored by L & R Sales.
L & R Sales will, through work order with Idaho Power, provide
power to W.A.R.D. maintenance area and provide any other changes
that may be necessary for underground service.
L & R Sales will provide whatever is necessary to deliver
irrigation water, at the same volume that currently exists, through
what is now being platted and future plats.
Parking Lot and Drainage: The drainage will not be going in on
this phase. The parking lot with berm and landscaping on the West
side will be constructed in the first phase. L & R Sales will
retain ownership of the parking lot until it is accepted with the
drainage by Ada County Highway Department. W.A.R.D. will have use
of parking lot. W.A.R.D. agrees to maintenance of the parking lot.
Western Ada Recreation District and L & R Sales agree that the
conditions stated in correspondence of October 19, 1992 are hereby
accepted.
c,��0.�e-�, —
Western Ada Recreation Distr
Date
g� -
& R Sales Date
0 0
WESTERN ADA RECREATION DISTRICT
P.O. BOX 566 - MERIDIAN, IDAHO 83642
October 2, 1992
Mr. Gary Lasher
L & R Sales
P.O. Box 36
Caldwell, ID 83606
�-?�� ZoD
Dear Mr. er•
The board of the Western Ada Recreation District met on September
30, 1992, and reviewed your letters of September 4 and 18, 1992,
with their attachments. The proposed plans and plats for the
parking lot and access from your development to Fuller Park were
discussed in detail.
There is really only one major concern that remains. The board
is still concerned about owning the storm drains at the entrance
of the parking lot. It is proposed that the front portion of the
parking area which contains the storm drains be separated off as
a separate lot with the homeowners association retaining
ownership. A permanent easement would be granted to the Western
Ada Recreation District for parking and access to and from the
remainder of the lot, with W.A.R.D. assuming all landscaping and
surface maintenance. Please review this to determine if that is
feasible and advise me.
If you will prepare a letter of understanding as to what you will
be doing, what other agencies will be providing and what is
expected of the Western Ada Recreation District as outlined in
your attachment to your September 4 letter in addition to the
storm drainage portion, the board has authorized me to sign the
same on behalf of the District.
Sincerely,
Charlie Rountree
Chairman
CR/MBH/ps
Rotl,s Construcclon 8878646 P_01
&I Sales
Ir"
DATE- ib-9-4�
P.O. Box 36
Caldwell, Idaho 83606
IWO 888-9856
PAGNS INCLUDING COVER OHM":
IP YOU DO NO'P RECEIVE ALL PAGBS, PLEASE CONTACT OUR OFBICB.
Rods Construction 0076646
Salesp°.836
Caldvep, Idokw 83606
(208) 888.9856
October 9, 1992
Charles Rountree
Western Ada Recreation District
3751 Woodeont Drive
Meridian, Idaho 83642
Dear Mr. Rountree,
P.02
This letter is in reference to the parking lot drainage concerns
that you have.
The drainage will not be going in on this phase. The parking lot
with berm and landscaping on the West side will be constructed in
the first phase.
We would like to recommend that L i R Sales retain ownership of the
parking lot until it is accepted with the drainage by Ada County
Highway Department. We would like W.A.R.D in return to accept,
maintenance of the parking lot area coWleted with phase 1.
If you should have any further questions please contact our office.
RT/ah
ccs Mayor Kingsford
_.1
0 0
& Sales
September 4, 1992
Mr. Charles Rountree, Chairman
Western Ada Recreation District
3751 Woodmont Drive
Meridian, Idaho 83642
Dear Mr. Rountree:
P.O. Box 36
Caldwell, Idaho 83606
(208)888-9856
As you know L & R Sales and Western Ada Recreation District have
had numerous meetings regarding the development of Parkside Creek
Subdivision.
Our original thoughts were that L & R Sales had benefitted from our
current project, Glennfield Manor, therefore we wanted to do
something for the City of Meridian and it's families.
The original agreement was that L & R Sales would donate the ground
for an additional parking lot for the Fuller Community Park and
that Western Ada Recreation District would make improvements.
You stated to us in a previous meeting that the Little League had
approximately $50,000.00 in the bank for improvements. This never
materialized and L & R Sales has since agreed to the parking lot
improvements. We have gone from a $15,000.00 to $20,000.00 budget
for the parking lot ground to a $60,000.00 amount. We feel that
a $60,000.00 fully improved parking lot is a more than a generous
donation to Western Ada Recreation District and the people of
Meridian.
We also feel that L & R Sales has entered in good faith to resolve
our differences. Now we receive the list that you gave the City
of Meridian in which you would like L & R Sales to make even more
changes and additions. Attached you will find our answers to each
of your demands.
We would greatly appreciate you contacting us at your earliest
convince, so that we can finally resolve these issues for the
better meant of all.
Sincerely,
Gary Lasher
cc: Mayor Kingsford
0 0
Page 1
Attachment:
WARD Request: Note No. 4 - Western Ada has not agreed to this
condition and will not agree to ownership and maintenance of. Also
proposed for this lot in Note No. 5.
L & R Response: Western Ada has agreed on this from the beginning
of meetings.
WARD Request: Sheet 6 Does not show street plan or access to
Fuller Park.
General Note on access - currently there is access via a roadway
to the Western portions of the park. It serves as a maintenance
road for movement of vehicles and other equipment to a developed
storage area of the park and major irrigation facilities
(pond/pump) This access is not recreated or compensated for by any
shown plan. It will need to be done to satisfy park access needs.
L & R Response: Current access is on private ground that we are
buying. As stated in earlier meeting, the Parks Department would
re-route road for their needs. You stated that possibly the Idaho
National Guard would do this. We do not feel it is our
responsibility. In fact, -the -easement recorded can be vacated.
--
WARD Request: Sheet 9 There is no detail on the surfacing to be
done on the parking area. No detail on landscaping. No one
identified to maintain drainage.
L & R Response: Surfacing will be arranged by Hubble Engineering.
Landscaping detail will come at later date and will be done
according to L & R Sales standards.
Standard procedure is for ACHD to maintain drainage. Drainage will
be accepted by ACRD.
WARD Request: Sheet 11 Water and sewer service is not shown to the
park. Currently the park is served by City Water, this must be
provided for.
L & R Response: As agreed in prior meetings, L & R Sales will
provide Sewer and Water to park.
WARD Request: Sheet 13 Show a sewer line to park.
L & R Response: once again, L & R Sales will provide sewer line
to park.
Page 2
WARD Request: General Comment - The park is currently served with
power, no notes on this plan indicate it will be provided for.
L & R Response: We have ordered from Idaho Power and have no
control. However, power will be served to the same point in which
in now enters your property. The only change is that line will be
under -ground. Idaho Power has its own engineers.
WARD Request: No detail is shown for the provision and Passage of
Irrigation water thru the final plat and this must be done.
Currently tiled irrigation lines and cleanouts have not been noted
on plans for protection.
L & R Response: L & R Sales will provide whatever is necessary to
deliver water through what is now being platted and -future -plats.
WARD Request: The access into the park parking area should provide
turning radii the same as for a side street.
L & R Response: Submit any suggestions to Hubble Engineering. As
long as it does not increase cost of existing plan we will consider
changes.
WARD Request: Driveway should be wider and curb gutter & sidewalk
should be brought into parking area for pedestrian access to park.
L & R Response: We disagree, however, it is your option to come
up with funds and make revision at a later date.
WARD Request: No indication how current access from Ten Mile will
be taken care of in the initial development phases.
L & R Response: Currently on Property that is only optioned, not
yet purchased, therefore, we have no control.
NOTE: It was origianally requested by Western Recreation District
that a boundary survey of Fuller Park be completed. L & R Sales,
acting in good faith, with the assumption that we had an agreement
proceeded with survey of the park at L & R Sales expense of $2000.00.
0 0
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O Sales
September 18, 1992
Mr. Charles Rountree, Chairman
Western Ada Recreation District
3751 Woodmont Drive
Meridian, Idaho 83642
Dear Mr. Rountree,
P.O. Box 36
Caldwell, Idaho 83606
(208)888-9856
This letter is a follow-up to our letter dated September 4, 1992.
We wish to coordinate a meeting with you as soon as possible to
resolve the Park issues. Would you please contact the office of
L & R Sales within the next week to schedule a time that we can
meet, at your convenience.
We would also like to let you know that the water at Fuller Park
is being shut off for construction. If you need to take any action
such as locking the bathrooms or bringing in portable facilities,
please make them now. If there are any problems please contact us
immediately.
S' cerel ,
Gary Lasher
cc: Mayor Kingsford
RT/ah
L & R SALES
P.O. BOX 36
CALDWELL, IDAHO
June 2, '1992
Mr. Charles Rountree, Chairman
Western Ada Recreation District
3751 Woodmont Drive
Meridian, Idaho 83642
RE: Parkside Creek Subdivision
Dear Mr. Rountree:
83606
I have prepared a list of items that were discussed at our last
meeting regarding the proposed Parkside Creek Subdivision. The
list includes items that L & R Sales (Rod Trumbull and Gary
Lasher) proposed to do for the Recreation District and items
that the western Ada Recreation District would do in return.
These items are as follows:
I. a. L & R Sales will give the proposed Lot 75, Block 1
to the Western Ada Recreation District for a parking
lot.
b. L & R Sales will provide power, sewer, and water
service stub -outs to the park.
C. L & R Sales will provide a boundary survey with a map
for the park property.
d. L & R Sales will supply paint for the park buildings.
e. L & R Sales will install a pipe through the proposed
subdivision that will carry the District's irrigation
water from the existing well to the existing irrigation
pond on the District's property. Provided pipe is
used for storm drain also.
II. a. Western Ada Recreation District will develop Lot 75,
Block 1 into a parking lot with asphaltic concrete
pavement, curbs and gutters, and landscaping.
Said improvements will be in place within 6 months
after the agreement is signed or prior to the 1993
baseball season.
b. Western Ada Recreation District will allow L & R Sales
to discharge storm water runoff from the proposed
Parkside Creek Subdivision into the existing pond on
the park property, and into a new drainage swale at the
west end of the park property adjacent to the proposed
Parkside Creek Subdivision. Said drainage swale will
be constructed by L & R Sales. The District will
landscape the swale area. L & R Sales will hydro -seed
and level for park use such as archery range etc.
Park will water grass.
C. The District will agree in writing to the
relinquishment of the temporary road easements to
the park.
once you have reviewed the above items, we would like to meet
with you and the Board of Directors to further discuss a formal
agreement between L & R Sales and the western Ada Recreation
District.
Thank you for the time you have taken regarding our project. We
look forward to meeting with you at your earliest convenience.
Sincerely,
RT/GL/ah
r
CIT�-CENTRAL
'
• DISTRICT
khWH
DEPARTMENTMAIN OFFICE • 1455 N. Orchard • Boise, Idaho 83706 • (208) 375-5211
92-514
Serving
Ada Boise.
Elmore, end Val:oy
Cnuntles October 14, 1992
Boise County Office
1455 N. Orchard
Boise, 0 63706
Nvrsing:375-5211 DAVID NAVARRO
k.,h:375 5290 ADA COUNTY RECORDER
650 MAIN STREET
BOISE ID 83702
Elmore County Office
52oESun sreetN.RE' Rod's Parkside Subdivision
Mountain Home,
10 83047
58]-440]
Dear Mr. Navarro:
Unto. County Office Central District Health Department, Environmental Health
of Envlmnrnentai Health Division has reviewed and can approve the final plat on this
198 S. 41h Street E.
Muunmin Home.subdivision for central water and central sewer facilities.
083W
59]-9225Final approval was given on October 14, 1992.
No lot size may be reduced without prior approval of the health
Valley County Once authority .
P.O. Box 1448
McCall, 0 93'038
�7144If you have any questions please call.
Sincerely,
Thomas E. Schmalz::,E.H.S.
Senior Environmental Health Specialist
cc: Tom Turco, Director
City of Meridian
HUD
Hubble Engineering
L & R Sales
TS: ch
L
MERIDIAN CITY COUNCIL
PAGE 2
• q-1-qz
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea:
Tolsma - Yea;
Motion Carried: All Yea:
The Motion was made by Tolsma and seconded by Giesler to instruct
the City Attorney to prepare an annexation ordinance.
Motion Carried: All Yea:
ITEM #3: FINAL PLAT ON PARKSIDE CREEK SUBDIVISION #1:
Kingsford: We received those comments yesterday.
Representatives were in today and we visited about those. My
suggestion to them if it's the prerogative of the Council that
this be approved conditioned upon the three of us sitting down
and reaching a solution to those comments.
Corrie: Have they seen the engineer's comments'
Lasher: No problems.
The Motion was made by Tolsma and seconded by Yerrington to
approve the final plat on Parkside Subdivision subject to the
concerns of Western -Ada Recreation being met before the plat is
signed.
Motion Carried: All Yea:
ITEM #4: PUBLIC HEARING: 1992-93 FISCAL YEAR BUDGET:
Kingsford: I will open the public hearing and invite testimony
on the City's Fiscal Budget. There was one request by the
Treasurer's Office to add full time instead of the temporary
help. No Response. I will close the public hearing.
ITEM #Z: ORDINANCE #584: ANNUAL APPROPRIATION ORDINANCE FOR
1992-93 FISCAL YEAR:
Kinosford: AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION
ORDINANCE FOR FISCAL YEAR BEGINNING OCTOBER 1, 1992,
APPROPRIATING THE SUM OF $7,425,143.00 TO DEFRAY THE EXPENSE AND
LIABIL?TIES OF THE CITY OF MERIDIAN FOR SAID FISCAL YEAR,
AUTHORIZING A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY
AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH APPROPRIATION
:S MADE: is there anyone who wishes Ordinance #S34 read in its
entlretvI No -espouse.
SUBDIVISION EVALUATION SHEET
Proposed Development Name ROD'S PARKSIDE CREEK SUB NO. 1 City MERIDIAN
formerly PARKSIDE CREEK SUB.
Date Reviewed 08/20/92 Preliminary Stage Final XXXXX
Engineer/Developer Hubble Engr./L b R Sales Date Sent
The following SUBDIVISION NAME is approved by a AdaCo ty Enginner or his
designee per the requirements of the IDAHO ST E ODF,.
ROD'S P EK SUBDIVISION NO 1 Date 7
The Street name comments listed below are made/ybj the members of the ADA CO Y
STREET NAME COMMITTEE (under direction of the JeWCounty 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. TEN MILE ROAD" "p. CHERRY LANE"
"N. BLACK CAT ROAD"
"W. PINE CREEK COURT"
The following new street names are over ten letters in length and cannot be
avvroved unless Ada County Highway District will state in writing that they will
fit on a street sign:
"W CHERRY CREEK DRIVE" "N NOTEL CREEK PLACE"
"N. FRENCH CREEK PLACE" W. ASPEN CREEK COURT"
"W CHERRY CREEK COURT" "W THORN CREEK COURT"
The above street name comments have been read and approved by the following
agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the
signatures must be secured by the representative or his designee in order for the
street names to be officially approved. n
ADA COUNTY STREET NAllB COMMITTEE,
Ada County Engineer John Priester
Ada Planning Assoc. Terri Raynor
Meridian Fire Dept. Representati
l DESIGNEES
Date /rz
Date �l �
Date
NOTE: A copy of this evaluation sheet most be presented to the Ada County
Engineer at the time of signing the "final plat", otherwis the plat will not be
signed 1111 Sub Index 4treet Inx Nap
NUMBERING OF LOTS AND BLOCKS
es•;:.
0
COMMENTS
0
FINAL PLAT
PARKSIDE CREEK PHASE # I
1: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL VMTER & SEWER:
2: NAMPA MERIDIAN IRRIGATION: ALL LATERALS & WASTENTAYS MUST BE PROTECTED,
IF ANY DRAINAGE LEAVES THE SITE, NAMPA MERIDIAN MUST REVIEW DRAINAGE PLANS:
3: SCHOOL DISTRICT: SEE CGMMENTS ATTACHED:
4: CITY ENGINEER: SEE ATTACHED:
5: FIRE DEPT: SEE ATTACHED CCMMENVTS:
6: POLICE DEPT: NO OBJECTIONS:
0 0
MAYOR
COUNCIL MEMBERS
ATTORNEY
ENGINEER
JACK NIEMANN
CITY CLERK
3��
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REVIEW SHEET
Rezone #
CENTRAL
•• DISTRICT
�THEALTH
DEM, TM ENT
Return to:
❑ Boise
❑ Eagle
❑ Garden City
Meridian
Kuna
Conditional l ❑
Prelimina Fina hort Plat f1�Toe- C *,-ee& SE�l chi dis a. E] CZ
AC2
❑ 1. We have no objections to this proposal.
❑ 2. We recommend denial of this proposal.
❑ 3. Specific knowledge as to the exact type of use must be provided 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 concerning individual sewge disposal, we will require more data
❑ Food establishment ❑ Swimming pools or spas
❑ Beverage establishment ❑ Grocery store
❑ 13.
❑ Child Care Center
DATE: L�.ZDh —
Reviewed by: `�
CDHD 10-91 rob
concerning the depth of
❑ high seasonal ground water
❑ solid lava from original grade
❑
6.
We can approve this proposal for individual sewage disposal to be located above solid lava layers:
2 feet
4 feet
B
®
7.
After written approval from appropriate entities are submitted, we can approve this proposal for:
21 Central sewage ❑ Community sewage system ❑ Community water well
❑ Interim sewage B; Central water
❑ Individual sewage ❑ Individual water
®
8.
The following plan(s) must be submitted to and approved by the Idaho Department of Health
and Welfare, Division of Environmental Quality:
® Central sewage ❑ Community sewage system❑ Community water
❑ Sewage dry lines ® Central water
®
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
If 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:
❑ Food establishment ❑ Swimming pools or spas
❑ Beverage establishment ❑ Grocery store
❑ 13.
❑ Child Care Center
DATE: L�.ZDh —
Reviewed by: `�
CDHD 10-91 rob
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CERTIFICATE:
I hereby certify that the following resolution is a true and exact
copy from the Minutes of a meeting of the District's Board of
Directors, held 2 October 1990, recorded at Book 56 Pages 187 and
196 through 202 (finalized 16 June 1992).
Daren R. Coon
Secretary of the Board
NAMPA & MERIDIAN IRRIGATION DISTRICT
WHEREAS, the various agencies which are authorized to issue land
use change/site development permits have made it known that it is
in the best interest of the public that this District amend rules
and regulations for development within the boundaries of the
District; and
WHEREAS, it has been decided that such a cooperative and
coordinating arrangement can best be realized through an amended
permit system; and
WHEREAS, such requirements and requests have created a considerable
expense burden to this District for which there is not available
revenues; and
WHEREAS, a Development or Land Use Change policy was previously set
up at a meeting of the District's Board of Directors held 17 March
1980, recorded at Book 36, Pages 65 through 69, of the Minutes of
the Board and recorded at Ada County as Instrument 18015309 and
recorded at Canyon County as Instrument 1890100; and
WHEREAS, a Site Development policy was previously set up at a
meeting of the District's Board of Directors held 17 March 1981,
recorded at Book 37, Pages 89 through 92, of the Minutes of the
Board and recorded at Ada County as Instrument 18115542 and
recorded at Canyon County as Instrument 1919045; and
WHEREAS, it has become necessary to combine and amend these
policies.
NOW THEREFORE, BE IT RESOLVED, that the following amended policies
are hereby established by this Board as District policy to take the
place of the previous policies.
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j� 9240022
NAMPA & MERIDIAN IRRIGATION G15lhILl
ADA GCJNiY.ID.FOR
J. DAVID NAVARR
RECORDER
B�
092 JUN is Pik i
•
NANBA i MERIDIAN IRRIGATION DISTRICT
Developments or land use changes or site developments which affect
irrigation and/or drainage, within the boundaries of Nampa i
Meridian Irrigation District must be approved by the District Board
of Directors. An application form may be obtained at the District
office which will provide necessary preliminary information for
District review.
A. DRAINAGE:
1. There will be no acceptance of any increased flow in
storm run-off, drainage, or any contaminated waters for
which the District might be made liable by the Federal
and/or State Clean Water Laws.
2. Existing or replacement of on-site drainage or run-off
facilities or modification thereto must be perpetually
maintained by the site owner or owners.
3. Drainage plans prepared by a registered engineer may be
required where deemed necessary by the District even
though on-site modifications to the District drainage
system are not required in the development plans.
If a drainage lateral owned and maintained by the
District courses the site, no alterations of the lateral
nor encroachment or its right of way shall be permitted
without a license agreement. No access to such drain
shall be denied to the District.
B. IRRIGATION
1. The water rights of this District are not the same
throughout the District. Neither are these always the
same on one tract of land. Often these can be simplified
without changing the Court confirmed status of the
rights, if arrangements are made with the Secretary of
the District in the advance planning stages.
2. Any irrigation supply lateral or canal which is owned and
operated by the District and which may course the site,
must not be obstructed nor encroachment made on its
rights of way.
-1-
3. Any alteration from the original delivery point must be
approved by the Water Superintendent and transfers to
accomplish this alteration must be arranged with the
Secretary of the District as part of the system plan
acceptance by the Board of Directors.
4. No alteration or enclosure of an irrigation canal or
lateral shall be permitted without a license agreement.
No access to such canals or laterals shall be denied to
the District.
5. If irrigation service is not to be provided to the
individual properties, all property owners must-' be
notified that the District tax is an obligation of all
lands in the Irrigation District. This notification is
in compliance with Idaho Law.
6. No destruction, interference, nor limitation upon water
flows which are appurtenant to the property rights of
others shall be permitted.
7. If development plans include providing irrigation,
operation and maintenance of the system may be undertaken
by a Lateral Ditch Water User's Association, in which
case the District assumes no responsibility beyond the
original point of delivery for the tract.
S. The District cannot
waterways belonging
rights of individual
from the system of
granted from each of
water rights in the
provide permission for alteration of
to and being a part of the property
land owners and to which waters flow
the District. Permission must be
the property owners having ditch and
waterway.
C. REVIEW AND APPROVAL PROCESS
1. Applicant shall complete and submit the attached
application form to the Secretary of the District. Two
(2) copies of the proposed plans shall be submitted with
the application.
2. Upon approval of the original application, plans and
specifications for construction, prepared by a registered
engineer, shall be submitted for review to the District.
Plans and specifications shall be reviewed by the
District Water Superintendent and/or the District's
engineers. If acceptable, the developer will be
notified. Prior to actual construction an estimate of
the cost of construction shall be provided to the
District.
-2-
0 •
3. If a license agreement is required to conform to
specifications of the District and/or recommendations of
its engineers, the Secretary of the District will then
make arrangements for an appropriate license agreement
for which the licensee shall be liable for payment of
attorney fees.
4. The District shall be notified prior to commencement of
construction. Inspection by representatives of the
District or its engineers will not constitute approval of
all or any part of the system and shall in no way relieve
the developer or his contractor of the responsibility for
providing a sound, workable system.
5. Within ten (10) days after completion of construction the
developer's engineer must certify to the District that
the system was installed in accordance with plans and
specifications, and furnish 'as -built drawings to the "
District.
The developer and/or his contractor shall be responsible
for the repair of all defects, leaks or failures
occurring in the installation for a period of three (3)
years after completion of construction. A maintenance
and warranty bond in the amount of 10$ of the estimated
or actual construction cost, whichever is greater, shall
be furnished to the District within thirty (30) days
after completion of construction. If the owner or his
contractor fails to make required repairs or replacements
promptly, the District shall make them, and the cost
thereof shall be paid by the owner, his contractor or the
surety.
The fee■ required will be: $650.00
7. Attorney fees will be required only where a license
agreement is required and these will be payable directly
to the law firm of the District's attorney.
and,
BE IT FURTHER RESOLVED, that the Secretary of the District is
hereby ordered to send copies of this resolution to all planning
and approval agencies in Ada and Canyon Counties and in the Cities
of Boise, Meridian, and Nampa, to the County Commissioners of Ada
and Canyon Counties and to the Mayors of Boise, Meridian and Nampa
to provide sufficient copies of the policy and application form for
the continual administration and use thereof by all interested
parties.
-3-
STATE OF IDAHO
ss.
County of Canyon
On this 16th day of June 1992, before me, the undersigned, a
Notary Public, in and for said State, personally appeared Daren
R. Coon, known to me to be the person whose name is subscribed to
the within instrument, and acknowledged to me that he executed the
same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above
written.
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Notary Public - State of Idaho
Residing at Caldwell, Idaho
My Commission Expires: 11/04/94
-4-
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NAMPA Q MERIDIAN IRRIGATION DISTRICT
(Reproduction of this form is not acceptable)
1•
(Proposed Name of Subdivision or Development)
2.
(General Location)
3.
(Legal Description - Attach if necessary)
4.
(Owner of Record)
(Address)
5.
(Subdivider or Developer)
(Address)
LAND USE CHANGE/SITE DEVELOPMENT APPLICATION - Page 1 of 2
6.
(Engineer)
(Address)
(Person to Contact) (Phone)
7. Acres ; No. of Lots i
Number of Lots/Gross Acre
8. Proposed drainage discharge
(Name of _ Drainage_ Latera]
9. Is irrigation water to be provided to property?
if yes, answer the following:
a) Proposed delivery point
(Canal or Lateral)
b) Present delivery point for this land
c) Type of system
1) Gravity
(Piped or open ditches)
2) Pump pressure
(Signature) (Date)
(Application must be filed with the Secretary of the District. The
appropriate fees and two (2) copies of all plats and drawings must
be included with the application.)
LAND USE CHANGE/SITE DEVELOPMENT APPLICATION - Page 2 of 2
• .SUPERINTENDENT OF SCHOOLS
Dr. Nick Hallett
DEPUTY SUPERINTENDENT
Dan Mabe, Finance & Administration
ASSISTANT SUPERINTENDENT
Bob Haley, Instruction & Personnel
DIRECTORS
Jim Carberry, Secondary
Darlene Fulwood, Elementary
Doug Rutan, Special Services
JOINT SCHOOL DISTRICT NO.2
911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 PHONE
August 12, 1992
Meridian City Council
33 E. Idaho
Meridian, Idaho 83642
Re: Parkside Creek Subdivision #1
Dear Councilmen:
I have reviewed the preliminary plans for Parkside Creek
Subdivision #1. 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 your support for
a development fee statute on new home construction. We ask you
support 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. If this support is lacking then we
ask that additional residential development be denied.
Residents of the new subdivision 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,
Dan Mabe,
Deputy Superintendent
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TO: MAYOR, CITY COUNCIL
FROM: GARY D. SMITH, P. E.
RE: ROD'S PARKSIDE CRE K SU DIVISION
(FINAL PLAT — PHASE ONE)
I have reviewed this submittal and have the following comments
for your consideration during the hearing process as conditions
of the applicant:
1. Obtain and indicate on final plat an easement for the
construction of a 50' radius temporary culdesac on the
end of W. Blue Creek Drive.
2. Supply a letter with a statement of conformance with the
approved preliminary plat and meeting all the requirements
or conditions thereof, and a statement of conformance with
all the requirements and provisions of the subdivision
ordinances.
3. Obtain approval letter from Ada County for the subdivision
name change to "Rod's Parkside Creek Subdivision No. 1", and
for the use of street names of W. Pine Creek Drive, W. Blue
Creek Drive, and an additional name because Park Creek Way
will have to end at Cherry Creek.
4. Obtain approval letter from the Ada County Highway District
for the sub—standard street name lengths of W. Aspen Creek
Court, W. Thorn Creek Court, W. Cherry CreekDrive, W.
Cherry Creek Court, N. French Creek Place,
el
Creek Place.
S. Execute the Certificate of Owners and the accompanying
acknowledgement.
6. Land Surveyor to stamp and sign both the front page of the
plat and the Certificate of Surveyor.
•
HUB OF TREASURE VALLEY
A Good Place to Live
OFFICIALS
JACK N N, City Clerk
CITY OF MERIDIAN
COUNCILMEN
RROBERTGIESLERA
JACK
GAAN
GASB, Treasurer
BRUCE 0. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
33 EAST IDAHO
MAK YERRINGTON
EARL WARD,WaterSupt.
MERIDIAN, IDAHO 83642
ROBERT D. CORRIE
KENNY BOWERS.RS, Fire Chief
BILL GORDON, Police Chief
Phone (208) 888-4433
Chairman a Planning
GARY SMITH, City Engineer
FAX (208)$$7-4813
JIMJOHNSON
GRANT P. KINGSFORD
Mayor
MEMORANDUM
August 26, 1992
TO: MAYOR, CITY COUNCIL
FROM: GARY D. SMITH, P. E.
RE: ROD'S PARKSIDE CRE K SU DIVISION
(FINAL PLAT — PHASE ONE)
I have reviewed this submittal and have the following comments
for your consideration during the hearing process as conditions
of the applicant:
1. Obtain and indicate on final plat an easement for the
construction of a 50' radius temporary culdesac on the
end of W. Blue Creek Drive.
2. Supply a letter with a statement of conformance with the
approved preliminary plat and meeting all the requirements
or conditions thereof, and a statement of conformance with
all the requirements and provisions of the subdivision
ordinances.
3. Obtain approval letter from Ada County for the subdivision
name change to "Rod's Parkside Creek Subdivision No. 1", and
for the use of street names of W. Pine Creek Drive, W. Blue
Creek Drive, and an additional name because Park Creek Way
will have to end at Cherry Creek.
4. Obtain approval letter from the Ada County Highway District
for the sub—standard street name lengths of W. Aspen Creek
Court, W. Thorn Creek Court, W. Cherry CreekDrive, W.
Cherry Creek Court, N. French Creek Place,
el
Creek Place.
S. Execute the Certificate of Owners and the accompanying
acknowledgement.
6. Land Surveyor to stamp and sign both the front page of the
plat and the Certificate of Surveyor.
0
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7. Add the name "Cherry Lane Village No. 1 Subdivision" to the
plat, north of W. Cherry Lane as an adjacent platted
subdivision.
8. Add the following notes to the plat:
7. Maintenance of any irrigation or drainage pipe or
ditch crossing a lot is the responsibility of the
lot owner unless such responsibility is assumed by
an irrigation/drainage district.
8. Any resubdivision of this plat shall conform to
the applicable zoning regulations in effect at the
time of resubdivision or as allowed by conditional
use.
REQUEST FOR 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 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
1. Name of Annexation and Subdivision,
2.
3.
4.
5.
6.
Rod's Parkside Creek Subdivision
General Location, N1/2 Section 10, T.3N., R.1W., B.M., Ada County
Owners of record, L and R Sales
Address, P.O. Box 36, Caldwell, IDZip 83606 Telephone 888-9856
Applicant, Same Address,
Engineer, James C. Merkle Firm Hubble Engineering, Inc.
Address 7025 Emerald St., Boise, ID 1,083704 Telephone 322-8992
Name and address to receive City billings:
Name Applicant
Address Telephone
PRELIMINARY PLAT CHECKLIST: Subdivision Features
1. Acres 21.70 Final Plat Phase One
2. Number of lots 58 Building Lot; 3 Common Area Lots; 1 Parking Lot
3. Lots per acre 2.7
4. Density per acre 2.7
5. Zoning Classification(s) R-4
0
6.
7.
8.
9.
10
If the proposed subdivision is outside the Meridian City
Limits but within the jurisdictional mile, what is the
existing zoning classification NA
Does the plat border a potential green belt Fuller Park
Have recreational easements been provided for Yes
Are there proposed recreational amenites to the City
Yes Explain Parking Lot for Fuller Par'
Are there proposed dedications of common areas? Yes
Explain Landscaped common areas at entrance
For future parks? No Explain --
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 X Water Supply
X Fire Department Other _
, Explain
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 square feet
b. Minimum square footage of structures) 1,500 square feet
C. Are garages provides for, Yes square footage450 square feel
d. Are other coverings provided for No
e. Landscaping has been provided for Yes, Describe
Covenants require landscaping
(2)
f. Trees will be provided for Yes Trees will be
maintained homeowners
g. Sprinkler systems are provided for Yes
h. Are there multiple units Yes Type
remarks future phase of Parkside Creek
i. Are there special set back requirements No
Explain --
j. Has off street parking been provided for YeS .Explain
Lot 17, Block 3 is designated for parking for Fuller Park
k. Value range of property 125,000 - 190,000
1. Type of financing for development Standard
M. Protective covenants were submitted Yes .Date 8-12-92
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 Highway District and
Meridian Ordinance. Dimensions will be determined by the
City Engineer. All sidewalks will 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.
4. Development will comply with City Ordinances.
5. Preliminary Plat will include all appropriate easements.
S. Street names must not conflict with City grid system.
(3)
•
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j s NUBBLE ENGINEERING, INC.
e, 7025 Emerald • Suite 200 • Boise, Idaho 83704
0
� SURVEy
Project No. 92040
(208) 322-8992 • Fax (208) 378-0329
DESCRIPTION FOR
PARKSIDE CREEK SUBDIVISION NO. 1
A PORTION OF THE N1/2, SECTION 10,
T.3N., R.1 W., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
8/5/92
A parcel of land lying in the N1/2 of Section 10, T.3N., R.1 W., B.M., Meridian, Ada
County, Idaho and more particularly described as follows:
Commencing at the brass cap marking the section corner common to Sections 2,
3, and 11 and the said Section 10;
thence North 89041'38" West 2,649.58 feet along the Northerly boundary of the
NE1 /4 of the said Section 10, which is also the centerline of West Cherry Lane, to an iron
pin marking the one-quarter corner common to the said Sections 3 and 10;
thence South 89041'38" East 482.57 feet along the said Northerly boundary of the
NE1/4 of Section 10 to an iron pin;
thence South 0118'22" West 40.00 feet to a 2 -inch pipe, also said point being the
REAL POINT OF BEGINNING (INITIAL POINT);
thence along the following courses and distances to iron pins:
continuing South 0°18'22" West 179.99 feet;
thence North 89°41'38" West 20.41 feet;
thence South 2°37'52" West 112.42 feet;
thence North 82°41'45" West 29.58 feet;
thence South 4°25'40" West 156.48 feet;
thence North 85034'20" West 34.32 feet to a point of beginning of curve;
thence Northwesterly along a curve to the right 45.04 feet, said curve having a
central angle of 17°12'16", a radius of 150.00 feet, tangents of 22.69 feet and a long
chord of 44.87 feet bearing North 76°58'12" West to a point of ending of curve;
Parkside Creek Sub. No. 1 Page 1 of 4
8/5/92
Project No. 92040
thence South 21046'30" West 105.00 feet;
thence South 76°56'27" East 10.00 feet;
thence South 0°39'28" West 130.85 feet;
thence South 52°53'16" East 83.22 feet;
thence South 78°15105" East 50.00 feet;
thence South 11°44'55" West 28.66 feet to a point of curve;
thence Southwesterly along a curve to the right 22.62 feet, said curve having a
central angle of 7°51'21 ", a radius of 165.00 feet, tangents of 11.33 feet and a long chord
of 22.61 feet bearing South 15040'35" West to a point of ending of curve;
thence South 68°31'26"
East 108.53 feet;
thence North 89°15'28"
East 74.02 feet;
thence South 11°52'44"
East 51.46 feet;
thence North 77°17'38"
East 115.62 feet;
thence North 25°50'34"
West 5.02 feet;
thence North 64°09'26"
East 50.00 feet',
thence North 57°46'00"
East 104.63 feet;
thence South 33°11'39"
East 85.00 feet;
thence South 39°23'59" East 60.00 feet;
thence South 50°36'01" West 58.27 feet to a point of curve;
thence Southwesterly along a curve to the right 29.36 feet, said curve having a
central angle of 4°03'10", a radius of 415.00 feet, tangents of 14.68 feet and a long chord
of 29.35 feet bearing South 52037'36" West to a point of ending of curve;
Parkside Creek Sub. No. 1 Page 2 of 4
0 0
Project No. 92040
thence South 13050'19" East 75.00 feet;
thence South 6°47'40" East 80.36 feet;
thence South 0°21'13" West 210.00 feet;
thence North 89°38'41" West 290.13 feet;
thence North 60043'03" West 277.90 feet;
thence South 2°37'17" East 193.84 feet;
thence South 89°45'06" West 307.89 feet;
thence North 18°41'39" West 357.42 feet;
thence North 86°02'40" West 15.00 feet to a point of curve;
8/5/92
thence Northwesterly along a curve to the left 26.21 feet, said curve having a
central angle of 5°27'41 ", a radius of 275.00 feet, tangents of 13.12 feet and a long chord
of 26.20 feet bearing North 88°46'31" West to a point of ending of curve;
thence North 1030'22" West 50.00 feet;
thence North 0°25'44" East 106.68 feet;
thence North 86°02'40" West 13.30 feet;
thence North 5°00'57" West 140.95 feet to a point of beginning of curve;
thence Southwesterly along a curve to the left 45.04 feet, said curve having a
central angle of 20°38'49", a radius of 125.00 feet, tangents of 22.77 feet and a long
chord of 44.80 feet bearing South 82°36'05" West to a point of ending of curve;
thence North 17043'19" West 50.00 feet;
thence North 0°36'45" West 134.56 feet;
thence North 84016'18" West 126.99 feet;
Parkside Creek Sub. No. 1 Page 3 of 4
0
0
Project No. 92040 8/5/92
thence North 0°30'06" West 321.81 feet;
thence South 89°41'38" East 337.99 feet;
thence North 0018'22" East 241.49 feet to a point on the said Northerly boundary
of the NE1/4 of Section 10;
thence South 89041'38" East 465.66 feet along the said Northerly boundary of the
NEI/4 of Section 10;
thence South 0018'22" West 40.00 feet to the point of beginning, comprising
21.70 acres, more or less.
Prepared by:
HUBBLE ENGINEERING, INC.
E. Don Hubble, P.E./L.S.
E DH/DAT/G LR/dkg/274. des
Parkside Creek Sub. No. 1 Page 4 of 4
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19Ay 14 '92 13:51 FROM HUBBLE ENG1IJEEP111G
h AS P.Mr NT
PAGE .001
KNOW ALL MEN BY THESE PRESENTS;
That in consideration of Ten Dollars 4$10.00) and other good
and valuable consideration paid to James W. Fuller and Lois_
J. Fuller, husband and wife, hereinafter referred to as
GRANTORS, by CITY OF MERIDIAN, IDAHO, hereinafter referred
to as GRANTEE, the receipt of which is hereby acknowledged,
the GRANTORS do hereby grant, bargain, sell, transfer, and
convey unto the GRANTEE, its successor and assigns, a temp-
orary ingress/egress and utility easement Witt' the right to
erect, construct, install and lay, and thereafter use, op-
erate, inspect, repair, maintain, replace and remove access
road(s) and public utilities and allied facilities Over,
across and through the land of the GRANTOR situate in Ada
County, State of Idaho.
Said easement located in the N# of Section 10, T.3 N., R.1 W.,
B.M., Ada County, Idaho, being more particularly described as
follows:
Commencing at a brass cap monument marking the section
corner common to Sections 2, 3, 10 and ll, '1
m .3 N.,W.
a.M., Ada County, Idaho, from which a brass cap monument ntt
marking the one-quarter corner common to said Sections 10
and 11 bears S.0°00'00"W., 2656.41 feet, thence S.0°00'00"W•
along the section line common to said Sections 10 and 11,
1298.23 feet to the real point of beginnings
thence S.0100'00"W. along said section linee,30.0ction 10feet
to the southeast corner of the NEiNE said
thence N.89038'47"W. along the south boundary line of
said NENNE4, 1326.27 feet to the southwest corner of said
NE' NE4 of Section 10;
thence N.89938147"W. along the south boundary line of
the NW�NE4 of said Section 10, 732.18 feet to'a point;
thence N.60°44'W., 277.86 feet to a point;
thence N.0026'W., 1192.06 feet to a point on the north
section line of said section 10, said point bears
N.89041138"W., 2309.86 feet from the northeast Corner of
said Section 10;
thence S.89041138"E. along said north section line,
30.00 feet to a point;
thence S.0°261E. 1174.25 feet to a point;
thence S.60044'E., 252.10 feet to a point;
thence S.89°38'47"E., 2050.53 feet to the real point of
beginning.
The GRANTEE agrees and covenants with the GRANTORS that
said easement is temporary and of unspecified duration. The
easement shall be abandoned and relinquished by the GRANTEE
and returned to the GRANTORS with all rights and priviledges
associated therewith upon development of unspecified future
public rights-of-way and utility corridors. All road(s) and
utilities contained in said easement shall be abandoned
and/or removed upon relinquishment.
The GRANTEE further agrees and covenants with the
GRANTORS to restore the subsurface and surface of the
easements and rights-of-way herein granted and conveyed,
including any vegetation thereon, to a like condition
existing prior to the grant of this easement and right-of-
way and to indemnify and save and hold harmless GRANTORS
from any and all losses, claims, actions or judgements for
damage or injuries to persons or property arising out of Or
from, or caused by, the construction, operation, maintenance
and use of the aforesaid easement and rights-of-way. The
GRANTORS further agree and covenant with the GRANTEE that no
permanent structure(s) may be built on or over the temporary
easement herein described without the express written per-
mission of the GRANTEE.
•
HAY 14 '92 13:51 FR01'I HUBBLE E1-1G1HEER1F1G
P: AS EMI' NT
PAGE .001
KNOW ALL MEN By THESE PRESENTS:
That in consideration of Ten Dollars 1$10.00) and other good
and valuable consideration paid to James W. Fuller and Lois_
.7. Fuller, husband and wife, hereinafter referred tci alas
GRANTORS, -by-CITY OF MERIDIAN, IDAHO, hereinafter referred
to as GRANTEE, the receipt of which is hereby acknowledged,
the GRANTORS do hereby grant, bargain, sell, transfer, and
convey unto the GRANTEE, its successor and assigns, a temp-
orary ingress/egress and utility easement with the right to
erect, construct, install and lay, and thereafter use, op-
erate, inspect, repair, maintain, replace and remove access
road(s) and public utilities and allied facilities over,
across and through the land of the GRANTOR situate in Ada
County, state of Idaho.
Said easement located in the Ng of Section 10, T.3 N., R.l W.,
B.M., Ada County, Idaho, being more particularly described as
follows:
Commencing at a brass cap monument marking the section
corner common to Sections 2, 3, 10 and 11, T.3 N., R.1 W.,
B.M., Ada County, Idaho, from which a brass cap monument
marking the one-quarter corner common to said Sections 10
and 11 bears S.0°00'00"W., 2656.47 feet, thence S.0°00'00"W.
along the section line common to said sections 10 and 11,
1298.23 feet to the real point of beginning;
thence S.0000'00"W. along said section line, 30.00 feet
to the southeast corner of the NE�NE4 of said Section 10;
thence N.89°38'47"W. along the south boundary line of
said NE%NE4, 1326.27 feet to the southwest corner of said
NE�NE' of Section 10;
thence N.89938147"W. along the south boundary line of
the NW'NEk of said section 10, 732.18 feet to'a point;
thence N.60044'W., 277.86 feet to a point;
thence N.0°26'W., 1192.06 feet to a point on the north
section line of said section 10, said point bears
N.89"41138"W., 2309.86 feet from the northeast corner of
said Section 10;
thence S.89°41138"E. along said north section line,
30.00 feet to a point;
thence S.0026'E. 1174.25 feet to a point;
thence S.60044'E., 252.10 feet to a point;
thence S.89°38'47"E., 2050.53 feet to the real point of
beginning.
The GRANTEE agrees and covenants with the GRANTORS that
said easement is temporary and of unspecified duration. The
easement shall be abandoned and relinquished by the GRANTEE
and returned to the GRANTORS with all rights and priviledges
associated therewith upon development of unspecified future
public rights-of-way and utility corridors. All road(s) and
utilities contained in said easement shall be abandoned
and/or removed upon relinquishment.
The GRANTEE further agrees and covenants with the
GRANTORS to restore the subsurface and surface of the
easements and rights-of-way herein granted and conveyed,
including any vegetation thereon, to a like condition
existing prior to the grant of this easement and right-of-
way and to indemnify and save and hold harmless GRANTORS
from any and all losses, claims, actions or judgements for
damage or injuries to persons or property arising out of or
from, or caused by, the construction, operation, maintenance
and use of the aforesaid easement and rights-of-way. The
GRANTORS further agree and covenant with the GRANTEE that no
permanent structures) may be built on or over the temporary
easement herein described without the express written per-
mission of the GRANTEE.
• HUB OF TREASURE VALLEY 9 -
William
-
William F. Ringert
Ringert Clark, Chartered
Attorneys at Law
P.O. Box 2773
Boise, Idaho 83701-2773
Scott L. Campbell
Davis Wright Trema
Law Offices
702 West Idaho str
Suite 700 ysr
Boise. Idaho 83?02
RE: Parkside
Dear Mr. Ring
I have reviewed-
1993 regarding
irrigation system
you for taking t
give me the oppor
matter.
and
�iubc#3�i�is>fori
y'.
Mr fht
each yaI r letters dated Jule 2. and July 6,
thesltrTE s" d'F° p1":"dcurized individual lot
and the City's Well Development Fee. Thank
ha,t e to clarify each of your positions and
tdr, to. -expand on the City's position in this
,w
s
COUNCILMEN
RONALD R. TOLSMA
ROBERT GIESLER
MAX YERRINGTON
ROBERT D. CORRIE
Chaftnew Saning S Planing
JIM JOHNSON
CBnMnIY Coordinator
PATSY FEDRRZI
�eC1 rr I'a 0JteA,4.
July 12, 1993
First of all the City da'fini,;,Y wits each Irrigation District
to continue organizing your respective pressurized irrigation
programs. As I have stated before, the City is willing to drop
OUT Well Development Fee when you are ready to fully implement
your programs in partnership with new subdivision development
projects.
Secondly. I believe that you need to select subdivisions that are
in the process of preliminary plat approval for initial pressure
irrigation program participation. It is not fair to developers
of approved final plats. or the Meridian Water Department to
change course in midstream.
"io successfully launch your
recommend that each or you visit
of new development proposals
candidates. We currently have
preliminary plat approval...
Participate in your program.
new partnership programs, I
with Wayne Forrey and get a list
that would be ideal prototype
a dozen new subdivisions seeking
any of these projects could
A Good Place to Live
OFFICIALS
WAICES. City Cleric
GASS.TEY,ilrer
JANICE GASS. Treafero
CITY OF MERIDIAN
BRUCE D. STUART, Water Works Supt
_
WAYNE G. CROOKSTON, JR., Attomey
- 33 EAST IDAH0.
JOHN SHAWCROFT, Waste Water Supt.
KENNY BOWERS, Firechlef
MERIDIAN, IDAHO 83642
BILL GORDON, Police Chief
Phone (208) 888-0433
GARY SMITH, P.E., City Engineer
FAX (208) 887.4813 -
GRANT P. KINGSFORD
Mayor
William F. Ringert
Ringert Clark, Chartered
Attorneys at Law
P.O. Box 2773
Boise, Idaho 83701-2773
Scott L. Campbell
Davis Wright Trema
Law Offices
702 West Idaho str
Suite 700 ysr
Boise. Idaho 83?02
RE: Parkside
Dear Mr. Ring
I have reviewed-
1993 regarding
irrigation system
you for taking t
give me the oppor
matter.
and
�iubc#3�i�is>fori
y'.
Mr fht
each yaI r letters dated Jule 2. and July 6,
thesltrTE s" d'F° p1":"dcurized individual lot
and the City's Well Development Fee. Thank
ha,t e to clarify each of your positions and
tdr, to. -expand on the City's position in this
,w
s
COUNCILMEN
RONALD R. TOLSMA
ROBERT GIESLER
MAX YERRINGTON
ROBERT D. CORRIE
Chaftnew Saning S Planing
JIM JOHNSON
CBnMnIY Coordinator
PATSY FEDRRZI
�eC1 rr I'a 0JteA,4.
July 12, 1993
First of all the City da'fini,;,Y wits each Irrigation District
to continue organizing your respective pressurized irrigation
programs. As I have stated before, the City is willing to drop
OUT Well Development Fee when you are ready to fully implement
your programs in partnership with new subdivision development
projects.
Secondly. I believe that you need to select subdivisions that are
in the process of preliminary plat approval for initial pressure
irrigation program participation. It is not fair to developers
of approved final plats. or the Meridian Water Department to
change course in midstream.
"io successfully launch your
recommend that each or you visit
of new development proposals
candidates. We currently have
preliminary plat approval...
Participate in your program.
new partnership programs, I
with Wayne Forrey and get a list
that would be ideal prototype
a dozen new subdivisions seeking
any of these projects could
The city can nooefund any Well Developmeo Fees for existing
approved final plat projects, such as Parkside Creek subdivision
#1 or #2. These funds have already been expended on new well
number 15.
Don't be discouraged. Continue to finalize .your actions and
select a proposed subdivision project for implementation.
Please call me a 888-4433 if you have any questions.
Sincerely;
City of Meridian
Grant P. Kingsrord, Mayor
6
MERIDIAN CITY COUNCIL
OCTOBER 20, 1992
PAGE 8
0
The Motion was made by Yerrington and seconded by Giesler to
approve of Treasure Valley Baptist Church hooking to City Sewer
conditioned upon a settlement with the City Engineer.
Motion Carried: All Yea:
ITEM #12: RESOLUTION #149: RESOLUTION AMENDING CONTRIBUTION TO
WELL FUND IN LIEU OF PRESSURIZED IRRIGATION AS PER ENR 9/28/92:
Kingsford: A RESOLUTION OF THE CITY THE CITY COUNCIL OF THE CITY
OF MERIDIAN ADJUSTING, FOR THE CONSTRUCTION COST INDEX, THE
CONSUMER PRICE INDEX, THE PREVAILING LAND PRICES FOR A WELL SITE,
AND OTHER ADJUSTMENTS, THE AMOUNT OF FUNDS THAT ARE REQUIRED TO
BE DEPOSITED WITH THE CITY TO ENABLE A DEVELOPER TO OBTAIN A
WAIVER OF THE REQUIREMENT THAT A SUBDIVIDER PROVIDE, BY
UNDERGROUND CONDUIT, PRESSURIZED IRRIGATION WATER TO EACH AND
EVERY LOT WITHIN THE SUBDIVISION THAT THE SUBDIVIDER IS
SUBDIVIDING; AND PROVIDING AN EFFECTIVE DATE.
The Motion was made by
approve Resolution #149.
Motion Carried: All Yea:
Yerrington and seconded by Giesler to
ITEM #13: COVENANTS ON PARKSIDE CREEK SUBDIVISION:
Kingsford: Counselor have you reviewed these?
Crookston: I have, I think they are fine. Just as a comment, by
no means a requirement but under their limitation on parking of
trailers, boats campers and other vehicles on page 7. If they
want to limit it I think it needs to be specifically noted so
that people are aware that that is included.
The Motion was made by Giesler and seconded by Corrie to approve
the covenants on Parkside Creek Subdivision and bring to their
attention the recommendation by the City Attorney on Page 7, Item
O regarding the R.V. vehicles.
Motion Carried: All Yea:
The developer would like to remove his request for a variance
we we could be allowed to take a portion of the subdivision and
just shift it down, which would reduce the length of the
culdesac.
MAYOR
COUNCIL MEMBERS
ATTORNEY
ENGINEER
ATTACHED ARE THE COVENANTS OF PARKSIDE CREEK SUBDIVISION
FOR YOUR REVIEW:
THESE WILL BE ON THE COUNCIL AGENDA FOR OCTOBER 20, 1992:
PARKSIDE CREEK SUBDIVISION
TABLE OF CONTENTS
PAGE
ARTICLE I DEFINITIONS ............................. 2
ARTICLE II GENERAL COVENANTS, CONDITIONS, AND
RESTRICTIONS ............................ 3
Land Use and Building Type .............. 3
Size Limitations ................... 4
Garages..... .................... 4
Roofing Material ................... 4
Architectural Control....... ... 4
Exterior Maintenance -Owners Obligation.. 5
Improvements Location ................... 5
Nuisances ............................... 5
Temporary Structures .................... 6
Signs... ....... ................. 6
Oil and Mining Operations ............... 6
Livestock and Poultry ................... 6
Garbage and Refuse Disposal ............. 6
Water Supply ............................ 6
Sewage Disposal........... ........... 6
Sight Distance at Intersections......... 7
Declarant's Right......... ........... 7
Boats, Campers, & Other Vehicles........ 7
Antennas and Service Facilities......... 7
Hazardous Activities .................... 7
Unsightly Articles ...................... 7
Offensive Light ......................... 8
Construction ............................ 8
Re -Construction ......................... 8
Fences.. ........................... 8
Plat -Conditions.. .................... 8
Front and Side Yards .................... 8
ARTICLE III PROPERTY RIGHTS ......................... 9
Owner's Easements ....................... 9
Delegation of Use ....................... 9
Damages ................................. 9
ARTICLE IV HOMEOWNERS' ASSOCIATION.................10
Organization of Association.............10
Membership..............................10
Voting..................................10
ClassA ............................10
ClassB ............................ 10
Board of Directors and officers ......... 10
ARTICLE V
0 0
Powers and Duties of the Association.... 11
Powers..... .......................11
Right of Enforcement ..........
11
Delegation of Powers ..........
11
Association Rules.............11
Emergency Powers ...... .......12
Licenses, Easements, and
Rights -of -Way.. ...........12
Duties of the Association ..........
12
Operation and Maintenance of
Common Area...................12
Taxes and Assessments .........
12
Water and Other Utilities.....
13
Insurance.....................
13
Rule Making...... ..........14
Architectural Committee .......
14
Drainage System...............14
Right of Way Maintenance ......
14
Irrigation Maintenance ........
14
Street Lights ..... ...........14
Subdivision Approval
Responsibilities ..............14
Personal Liability ............
14
COVENANT FOR MAINTENANCE & ASSESSMENTS..15
Creation of the Lien and Personal
Obligation of Assessments...............15
Purpose of Assessments..................15
Regular Assessments................15
Special Assessments................15
Limited Assessments................16
Maximum Annual Regular Assessments ...... 16
Notice and Quorum for any Action
Authorized Under Section V.B.2 & V.0 .... 16
Uniform Rate of Assessment..............17
Date of Commencement of Annual
Assessments............. ...............17
Effect of Non -Payment of Assessments
Remedies of the Association.............17
Subordination of the Lien to Mortgages..17
ARTICLE VI ARCHITECTURAL COMMITTEE.................18
Members of the Committee................18
Right of Appointment and Removal ........ 18
Review of Proposed Construction ......... 18
Conditions of Approval.............19
Committee Rules and Fees ........... 19
Detailed Plans .. ..................19
Committee Decisions................19
Meeting of the Committee................19
No Waiver of Future Approvals ........... 20
Compensation of Members.................20
0 •
Inspection of Work.. .................20
Non Liability of Committee Members...... 20
Variances...............................21
ARTICLE VII ANNEXATION OF ADDITIONAL PROPERTIES ..... 21
Annexation....... ....................21
Additional Properties...................22
Procedure for Annexation................22
ARTICLE VIII EASEMENTS...............................23
Maintenance and Use Easement Between
Walls and Property Lines................23
Other Maintenance Easements.............23
ARTICLE IX GENERAL PROVISIONS ......................23
Enforcement .............................23
Severability ............................23
interpretation ..........................23
Term and Amendment ...................... 24
0
•
PARKSIDE CREEK SUBDIVISION
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION is made effective on the day of
1992 by L & R SALES, an Idaho Partnership hereinafter
referred to as "Declarant.11
WHEREAS, Declarant is the owner of certain real property
situated in the City of Meridian, County of Ada, State of Idaho
known as Rod's Parkside Creek Subdivision. WHEREAS, Rod's Parkside
Creek Subdivision is a duly recorded plat; and WHEREAS, the
Declarant desires to declare of public record certain Protective
Covenants, Conditions and Restrictions upon the ownership of said
property:
NOW THEREFORE, in consideration of the foregoing, the Declarant
does hereby declare that the following Protective Covenants,
Conditions and Restrictions:
1. Shall become and are hereby made a part of all conveyances
of all lots within the plat of Rod's Parkside Creek Subdivision,
recorded on the day of , 1992, in Book of
Plats at Pages of the records of Ada County, State of Idaho:
2. Shall be reference become a part of any such conveyance
and shall apply thereto as fully and with the same effect as if set
forth at large therein.
NOW, THEREFORE, Grantor hereby declares that the Property and
each Lot, parcel or portion thereof, is, and/or 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 any 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 construct
improvements thereon, nor 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.
1
E
ARTICLE I
DEFINITIONS
0
ARTICLES: The Articles of Incorporation of the Association.
ASSESSMENTS: Those payments required of Owners and Association
Members including Regular, Special and Limited Assessments of the
Association as further defined in this declaration.
ASSOCIATION: Shall refer to Parkside Creek Homeowners'
Association, Inc. an Idaho non-profit corporation, its successors
and assigns.
ASSOCIATION RULES: Those rules and regulations promulgated by the
Association governing conduct upon the use of the Property under
the jurisdiction or control of the Association, the imposition of
fines and forfeitures for violation of Association Rules and
Regulations, and procedural matters for use in the conduct of
business of the Association.
BENEFICIARY: A mortgagee under a mortgage or beneficiary under a
deed of trust, as the case may be, and/or the assignees of such
mortgagee, beneficiary or holder, which mortgage or deed of trust
encumbers parcels of real property on the Property.
BOARD: The Board of Directors or other governing board or
individual, if applicable, of the Association.
BUILDING LOT: Any plot of land showing upon any recorded plat of
the Property with the exception of Common Area.
BYLAWS: The bylaws of the Association.
COMMITTEE: The Architectural Committee described in Article VI
hereof.
COMMON AREA: All real property (including the improvements
thereto) owned by the Association for the common use and enjoyment
of the Owners.
DECLARATION OR SUPPLEMENTAL DECLARATION: This declaration as
hereafter amended and supplemented from time to time.
DECLARANT: L & R Sales, an Idaho Partnership, and its 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.
GRANTOR: The Declarant.
0 •
IMPROVEMENT: Any structure, facility or 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.
LOT: A Building Lot.
MEMBER: Each person or entity holding a membership in the
Association.
MORTGAGE: 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.
OWNER: 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.
PLAT: The recorded Plat of Rod's Parkside Creek and the recorded
Plat of any other Properties annexed hereto.
PROPERTIES OR PROPERTY: 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.
SET BACK: The minimum distance established by law between the
dwelling unit or other structure referred to and a given street,
road or Lot line.
UNIT: One residence which shall be situated upon a Lot.
W.A.R.D Western Ada Recreation District
ARTICLE II
GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS
II.
A. Land Use and Buildina Tyne - No Lot shall be used except
for residential purposes, and no Lot or the. Common Area shall be
used for the conduct of any trade or business or professional
activity. Notwithstanding the foregoing, the Board may, in its
discretion and upon request by an Owner, allow an Owner to conduct
a "Garage Sale" upon such Owner's Lot. Not to exceed one "Garage
Sale" per year.
3
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.
1. Size Limitations - The ground floor area of the main
structure, exclusive of one-story open porches and garages, shall
not be less than 1500 square feet for a one-story dwelling nor
shall the main level be less that 800 square feet for more than one
story.
2. Garages - Each unit constructed with the Property
shall include at least a three (3) car, enclosed garage which is
an integral part of the unit structure. A two car garage will be
considered if a three (3) car garage creates hardship on lot or
house design but must have unanimous approval of Architectural
Control Committee.
3. Roofing Material - The roof of each unit must be
constructed of Laminated Architectural Shingles, Cedar Shake or
Tile and must be approved by the Architectural Control Committee.
B. Architectural Control - No building shall be erected,
placed or altered on any lot until the construction plans and
specifications and a plan showing the location of the structure
have been approved by the Committee as the quality of workmanship
and materials, harmony of external design with existing structures,
and as to location with respect to topography and finish grade
elevation. No fence or wall shall be erected, placed or altered
on any lot nearer to any street than the minimum building setback
line unless similarly approved.
No dwelling, fence, building, garage or other structure shall be
built, erected, placed, materially altered or materially repaired
which shall alter the surface colors or texture of any unit or
portion thereof unless and until plans, specifications and color
scheme have been reviewed in advance by the Committee and the
requirements as to design and color shall apply only to the
exterior appearance of such improvements, it not being the intent
of these restrictions to control interior repair or alteration,
with the exception of alteration of garage into living area.
Plans of all structures to be erected on any lot or within the
Common Area must be submitted to and approved by the Committee.
Complete plans and specifications of all proposed buildings and
structures, together with a detailed plan showing proposed location
on a particular lot, shall be submitted to the Committee before any
construction or alteration is commenced, and such construction or
alteration shall not be commenced until approval therefore is given
by the Committee.
4
•
C. Exterior Maintenance - Owners 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 that any Owner shall
permit any improvement, including trees and landscaping, which is
the responsibility of such Owner to maintain, to fall into
disrepair so as to create a dangerous, unsafe, unsightly or
unattractive condition, or damage to property or facilities on or
adjoining their Lot which would otherwise be the Associations'
responsibility to maintain, the Board, upon fifteen (15) days prior
written notice to the Owner of said Lot, shall have the right to
correct such condition, and to enter upon such Owner's Lot for the
purpose of doing so, and such Owner shall promptly reimburse the
Association for the cost thereof. Such cost shall be Limited
Assessment and shall create a lien enforceable in the same manner
as other Assessments set forth herein. The Owner of the offending
Lot shall be personally liable, and his Lot may be subject to the
mechanic's lien for all costs and expenses incurred by the
Association in taking such corrective action, plus all costs
incurred in collecting the amounts due. Each Owner shall pay all
amounts due for such work within ten (10) days after receipt of
written demand therefore, or the amounts may, at the option of the
Board, be added to the amounts payable by such Owners as Regular
Assessments.
Each Owner shall have the remedial rights set forth herein if the
Association fails to exercise its rights within a reasonable time
following written notice.
In the event the improvement on any Lot shall suffer damage or
destruction from any cause, the Owner thereof shall undertake the
repair, restoration or reconstruction thereof within ninety(90)
days of such damage or destruction. If after ninety (90) days
the repair, restoration or reconstruction of such damaged or
destroyed improvements have not taken place, the Association, upon
fifteen (15) days prior written notice to the Owner of such
Property, shall have the right to correct such condition, and to
enter upon Owner's Lot for the purpose of doing so and such Owner
shall bear all costs incurred by the Association, a lien shall be
applied to the Lot.
D. Improvements Location - No improvements shall be
constructed in violation of set -back requirements established by
law, or by this Declaration as set forth on the recorded plat of
the Subdivision.
E. Nuisances - No noxious or offensive activity, including
without limitation, those creating an offensive odor, shall be
carried on upon any Lot or the Common Area nor shall anything be
done thereon which may be or may become an annoyance or nuisance
to the neighborhood. Excessive barking of dogs shall be considered
a nuisance.
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F. Temporary Structures - No improvements of a temporary
character, trailer, basement, tent, shack, garage, barn or other
outbuilding shall be placed or used on any Lot at any time as a
residence either temporarily or permanently.
G. Signs - No sign of any kind shall be displayed to the
public view on any Lot except one sign of not 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.
H. oil and Minina Operations - No oil drilling, oil
development operations, oil refining, quarrying or mining operation
of any kind shall be permitted upon the Property, nor shall oil
wells, 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.
I. 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 all city, and
county laws, rules and regulations. No more than 2 household pets
shall be allowed per unit. All household pets shall be confined
to that area with the boundaries of the lot or kept on a leash.
No dog runs or kennels shall be permitted to be kept or placed
within five (5) feet of a set -back line where applicable. Dog runs
or kennels shall only be permitted to be placed and maintained to
the rear of dwellings. Prior to occupancy of property, yard must
be fenced so that such structure is not visible from the street or
the adjoining properties. All such kennels or facilities shall
comply with all applicable laws and rules.
J. 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.
R. water Supply - No individual domestic water supply system
shall be permitted on any Lot.
L. Sewage Disposal - No individual sewage disposal system
shall be permitted on any Lot. All Lots shall be subject to the
following sewer requirements of the City of Meridian.
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1. A monthly sewer charge must be paid after connecting
to the City of Meridian public sewer system, according to the
ordinances and laws of the City.
2. Each Owner shall submit to inspection by the
Department of Public Works, the Department of Building, or other
Department whenever a subdivided Lot is to be connected to the
sewage system constructed and installed on and within it's
Property.
3. The applicant/Owner of this subdivision, or Lot or
Lots therein, shall and hereby does vest in the City of Meridian
the right and power to bring all actions against the Owner of the
premises hereby conveyed or part thereof for the collection of any
charges herein stated.
M. Sight Distance at Intersections - Shall meet current City
Code requirements.
N. Declarant's Rivht - Declarant reserves the right to
construct residences and other improvements upon any Lot and to
offer the same with completed structures thereon for sale to
individual Owner.
O. Boats, Campers, and Other Vehicles - Parking of boats,
trailers, motorcycles, trucks, truck -campers and like equipment
shall not be allowed on any part of said property nor on public
ways adjacent thereto excepting only within the confines of a
privacy fence or storage structure behind the setback line.
P. Antennas and Service Facilities - Exterior antennas or
satellite dishes shall not be permitted to be placed upon the roof
of any structure or positioned on any lot so as to be visible from
the street in front of said lot. Clothes lines and other
facilities shall be screened so as not to be viewed from the
street. The placement of all such items shall be approved by the
Architectural Control Committee and include a map depicting the
plan of such items.
Q. Hazardous Activities - No activity shall be conducted on
or in any Unit, Lot or Common Area 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 fires shall be lighted or permitted on any
property except in a self-contained barbecue unit while attended
and in use for cooking purposes.
R. Unsightly Articles - No unsightly articles shall be
permitted to remain on any Lot or Common Area 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
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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 by the
Architectural Committee.
S. Offensive Light - No light shall be emitted from any Lot
or Common Area which light is unreasonably bright or causes
unreasonable glare.
T. Construction - During the course of actual construction
of any permanent improvements, the restrictions contained in the
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.
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.
U. Re -Construction - In any case where it is necessary to
reconstruct a Unit or any improvement in the Common Area, said
re -construction shall be prosecuted diligently, continuously and
without delays from 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.
V. Fences - Fences shall be of vertical cedar design and
construction. All other fence types or designs must be approved
by the Architectural Control Committee.
W. Plat Conditions - All covenants, conditions and
restrictions and other matters set forth on all Plats are hereby
incorporated by reference and notice is hereby given to the same.
X. Front and Side Yards - Within thirty (30) days after
occupancy of the dwelling unit, each lot shall have in front yard
rolled sod lawn, one deciduous or conifer tree, at least two (2)
inches in diameter and ten (10) shrubs or bushes as approved by the
Architectural Control Committee. All front yard landscaping must
be completed within ninety (90) days from the date of occupancy of
the residence constructed thereon. In the event of undue hardship
due to weather conditions, this provision may be extended up to a
maximum of six (6) months upon written approval by the
Architectural Control Committee.
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ARTICLE III
PROPERTY RIGHTS
III.
A. Owner's Easements - Every Owner shall have a right and
easements of enjoyment in and to the Common Area which shall be
appurtenant to and shall pass with the title to every Lot, subject
to the following provisions.
1. Easements for the installation and maintenance of
utilities and surface drainage facilities are reserved as indicated
in the recorded plat. Within these easements, no structure or
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 surface
drainage channels in the easement. 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.
2. The Association has the right to suspend the voting
rights of an Owner for any period during which any assessment
against his Lot remains unpaid.
3. The right of the Association to dedicate or transfer
all or any part of the Common Area to any public agency, authority,
or utility for such purposes and subject to such conditions as may
be agreed on by the members. Such dedication or transfer shall be
effective upon the recording of an appropriate instrument executed
by the President and Secretary of the Association and upon which
said officers affirm that the transfer or dedication was approved
by the Owners of a majority of the Lots.
B. Delegation of Use - Any Owner may delegate, in accordance
with the Bylaws, his right of enjoyment to the Common Area and
facilities to the members of his family, guests, tenants or
contract purchasers who reside on the property.
C. Damages - Each Owner shall be liable for any damage to
such Common Areas or other property owned or maintained by the
Association which may be sustained by reason of the negligence or
willful misconduct of said Owner or of his family and guests,
tenants or contract purchasers, both minor and adult. In the case
of joint ownership of a Lot, the liability of such Owners shall be
joint and several. The cost of correcting such damage shall be
charged as a limited assessment against the Owner and his Lot and
may be collected as provided herein for the collection of other
assessments.
�]
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ARTICLE IV
PARKSIDE CREEK HOMEOWNERS' ASSOCIATION
IV.
A. Organization of Association - Parkside Creek Homeowners
Association ("Association") is an Idaho Corporation formed under
the provisions of the Idaho Non -Profit Corporations Act and shall
be charged with the duties and invested with the powers prescribed
by law and set forth in the Articles, Bylaws and this Declaration.
Neither the Articles nor the Bylaws shall, for any reason, be
amended or otherwise changed or interpreted so as to be
inconsistent with this Declaration.
B. Membership - Each Owner of a Lot subject to this
Declaration (including the Declarant) by virtue of being such an
Owner and for so long as such ownership is maintained, shall be a
Member of the Association, and no Owner shall have more than one
membership in the Association, except as the Association shall not
be assignable, except to the successor -in -interest of the Owner,
and all memberships in the Association shall be appurtenant to the
Lot owned by such Owner. The memberships in the Association shall
not be transferred, pledged or alienated in any way except upon the
transfer of title to said Lot and then only to the transferee of
title to said Lot. Any attempt to make a prohibited membership
transfer shall be void and will not be reflected on the books of
the Association.
C. Voting - The Association will have two (2) classes of
voting memberships.
1. Class A - Class A members shall be the Owners, with
the exception of the Declarant, and shall be entitled to one (1)
vote for each Lot owned. When more than one person holds an
interest in any Lot, all such persons shall be members. The vote
for such Lot shall be exercised as they determine, but in no event
shall more than one (1) vote be cast with respect to any Lot.
2. Class B - The Class B members shall be the Declarant.
Upon the recording hereof, Declarant shall be entitled to three (3)
votes for each Lot of which Declarant is the Owner. The class B
membership shall cease and be converted to Class A membership on
January 1, 2010, or when the Declarant no longer owns any Lots
within the Property subject to the Declaration, whichever event
shall first occur.
D. Board of Directors and Officers - The affairs of the
Association shall be conducted by a Board of Directors and such
officers as the Directors may elect or appoint, in accordance with
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the Articles, Bylaws, and this Declaration as the same may be
amended and supplemented from time to time.
E. Powers and Duties of the Association
1. Powers - The Association shall have all the powers
of a non-profit corporation laws of the State of Idaho subject only
to such limitations upon the exercise of such powers as are
expressly set forth in the Articles, the Bylaws and this
Declaration. It shall have the power to do any and all lawful
things which may be authorized, required or permitted to be done
by the Association under this Declaration, the Articles and the
Bylaws, and to do and perform any and all acts which may be
necessary or proper for, or incidental to the proper management and
operation of the Common Area and the performance of the other
responsibilities herein assigned, including without limitation:
a. Right of Enforcement - The power and authority
from time to time in its own name, on its own behalf or on the
behalf of any Owner or owners who consent thereto; to commence and
maintain actions and suites to restrain and enjoin any breach or
threaten breach of this Declaration of the Articles or the Bylaws,
including the Association rules adopted pursuant to this
Declaration, and to enforce by mandatory injunction or otherwise,
all provisions hereof.
b. Delegation of Powers - The authority to delegate
its power and duties to committees, officers, employees, or to any
person, firm or corporation to act as manager. Neither the
Association nor the members of its Board shall be liable for any
omission or improper exercise by the manager of any such duty or
power delegated.
C. Association Rules - The power to adopt, amend
and repeal by majority vote of the Board such rules, and
regulations as the Association deems reasonable and which are
consistent with this Declaration (The Association Rules). The
Association rules shall govern the use of the Common Area by the
Owners, families of the Owners, or by an invitee, licensee, lessee
or contract purchaser of any Owner; provided, however, that the
Association rules may not discriminate among Owners and shall not
be inconsistent with this Declaration the Articles or Bylaws. A
copy of the Association rules as they may from time to time be
adopted, amended or repealed, shall be mailed or otherwise
delivered to each Owner. Upon such mailing or delivery and
posting, said Association rules shall have the same force and
effect as if they where set forth in and are a part of this
Declaration. In the event of any conflict between such Association
rules shall be superseded by the provisions of this Declaration,
the Articles or the Bylaws to the extent of any such inconsistency.
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d. Emergency Powers - The Association or any person
authorized by the Association i0y enter upon any Lot in the event
of any emergency involving illness or potential danger to life or
property or when necessary in connection with any maintenance or
construction for which it is responsible. Such entry shall be
made with as little inconvenience to the Owners as practicable and
any damage caused thereby shall be repaired by the Association.
e. Licenses Easements and Rights -of -Way - The
Power to grant and convey to any third party such licenses,
easement and rights-of-way in, on or under the Common Area as may
be necessary or appropriate for the orderly maintenance,
preservation and enjoyment of the Common area and for the
preservation of the health, safety, convenience and welfare of the
Owners, for the purpose of constructing, erecting, operating or
maintaining:
1. Underground lines, cables, wires, conduits
and other devices for the transmission of electricity for lighting,
heating, power, telephone and other purposes; and
2. Public sewers, storm drains, water drains
and pipes, water systems, sprinkling systems, water, heating and
gas lines or pipes; and
3. Any similar public or quasi -public
improvements or facilities.
The right to grant such licenses, easements and rights-of-way are
hereby expressly reserved to the Association and may be granted at
any time prior to twenty-one (21) years after the death of the
individuals executing this declaration, on behalf of the Declarant,
and their issue who are in being as of the date hereof.
2. Duties of the Association - In addition to power
delegated to it by the Articles, without limiting the generality
thereof, the Association or its agents, if any, shall have the
obligation to conduct all business affairs of common interest to
all Owners, and to perform each of the following duties:
a. Operation and Maintenance or common area -
Operate, maintain and otherwise manage or provide for the
operation, maintenance and management of the Common Area including
the repair and replacement of property damaged or destroyed by
casualty loss and other property acquired by the Association.
b. Taxes and Assessments - Pay all real and
personal property taxes and assessments separately levied against
the Common Area owned and managed by the Association or against the
Association and/or any property owned by the Association. Such
taxes and assessments may be contested or compromised by the
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Association; provided, however, that they are paid or a bond
insuring payment is posted prior to the sale or the disposition of
a tax exempt corporation.
C. Water and Other Utilities - Acquire, provide
and/or pay for water, sewer, garbage disposal, refuse and rubbish
collection, electrical, telephone and gas and other necessary
services for the Common Area and the property owned or managed by
it.
d. Insurance - Obtain from reputable insurance
companies authorized to do business in the State of Idaho and
maintain in effect the following policies of insurance.
1. Comprehensive public liability insurance
insuring the Board, the Association, the Declarant and the
individual Owners and agents and employees of each of the foregoing
against any liability incident to the ownership and/or use of the
Common Area or their property owned or managed by it. Limits of
liability of such coverage shall be as follows: not less than Five
Hundred Thousand Dollars ($500,000.00) per person the Five Hundred
Thousand Dollars ($500,000.00) per occurrence with respect to
personal injury or death, and property damage.
2. Full coverage directors and officers
liability insurance with a limit of Two Hundred Fifty Thousand
Dollars ($250,000.00), if the Board so elects.
3. Such other insurance including Workmens
Compensation insurance to the extent necessary to comply with all
applicable laws and indemnity, faithful performance, fidelity and
other bonds as the Board shall deem necessary or required to carry
out the Association functions or to insure the Association against
any loss from malfeasance or dishonesty of any employee or their
person charged with the management or possession of any Association
funds or other property.
4. The Association shall be deemed trustee of
the interests of all Members of the Association in any insurance
proceeds paid to it under such policies, and shall have full power
to receive their interests in such proceeds and to deal therewith.
5. Insurance premiums for the above insurance
coverage shall be deemed a common expense to be included in the
annual assessments levied by the Association.
6. Notwithstanding any other provision herein,
the Association shall continuously maintain in effect such other
additional casualty, flood and liability insurance as the Board
deems necessary or appropriate.
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e. Rule Making - Make, establish, promulgate, amend
and repeal the Association rules.
f. Architectural Committee - Declarant has the
right to appoint and remove members of the Committee, all subject
to the provisions of this Declaration.
g. Drainage System - Operate, maintain, repair and
replace, all drainage systems located within the Property and shown
on the Plat which are not maintained by public authorities.
h. Right -Of -Way Maintenance - Maintain, repair and
replace the landscaped berm, including the sprinkler system
installed thereon, and the fence located on Cherry Lane, or any
other public right-of-way adjacent to the Property and such other
landscaping located with public right-of-way as the board deems
necessary or appropriate.
i. Irrigation Maintenance - Maintain, repair,
replace all irrigation lines or channels located on or serving this
subdivision, and to pay all maintenance and construction fees of
any Irrigation District with respect to the Property, which amounts
shall be assessed against each Lot as provided herein.
j. Street Lights - Maintain, repair and replace
street lights within the Property to the extent such street lights
are not operated, maintained, repaired and replaced by the City of
Meridian or other governmental entity, which has jurisdiction of
such matters.
k. Subdivision Approval Responsibilities - Perform
all continuing duties and responsibilities imposed upon the Grantor
pursuant to any governmental approvals relating to the Property
including, without limitation, those set forth in the preliminary
plat approval for the Subdivision.
F. Personal Liability - No member of the Board or any
committee of the Association or the Architectural Committee or any
officer of the Association, or the Declarant, or the manager, if
any, shall be personally liable to any Owner, or any other party,
including the Association, for any damage, loss or prejudice
suffered or claimed on the account of any act, omission, error or
negligence of the Association, the Board, the manager, if any, or
any other representative or employee of the Association, the
Declarant or the Architectural Committee, any other committee or
any officer of the Association, or the Declarant, provided that
such person has, upon the basis of such information as may be
possessed by him, acted in good faith without willful or
intentional misconduct.
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ARTICLE V
COVENANT FOR MAINTENANCE AND ASSESSMENTS
V.
A. Creation of the Lien and Personal Oblictation of
Assessments - Each Owner of any Lot, by acceptance of a deed
therefore, whether or not it shall be so expressed in such deed,
is deemed to covenant and agree to pay the Association;
1. Annual regular assessment or charges.
2. Special assessments for capital improvements, such
assessments to be established and collected as hereinafter
provided; and
3. Limited assessments as hereinafter provided.
The Regular, Special and Limited assessments, together with
interest, costs and reasonable attorney's fees, shall be a charge
on the land and shall be a continuing lien upon the property
against which each such assessment is made.
B. Purpose of Assessments
1. Regular Assessments - The regular assessments levied
by the Association shall be used exclusively to promote the
recreation, health, safety and welfare of the residents in the
Properties and for the improvement and maintenance of the Common
Area, to pay property taxes and other assessments, to pay the
annual assessments of any irrigation district and to pay such other
reasonable costs and expenses which are incurred by the Association
carrying out the duties, and business of the Association.
2. Special Assessments for Capital Improvement - In
addition to the annual regular assessments authorized above, the
Association may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying, in whole
or in part, costs and expenses of the Association which exceed the
regular assessments or the costs and expenses of any construction,
reconstruction, repair or replacement of a capital improvement upon
the Common Area, including fixtures and personal property related
thereto, provided that any such assessment shall be approved by a
two-thirds (2/3) vote of each class of members who are voting in
person or by proxy at a meeting duly called for this purpose.
Additionally, upon the sale of each Lot by Grantor, the purchaser
shall pay a one-time special assessment of Thirty and no/100
Dollars ($30.00) per Lot. Such special assessment shall be paid
on or before the date of recordation of the deed from Grantor to
the purchaser. Grantor,as agent for the Association, shall be
15
entitled to collect this one-time special assessment at the closing
of the Lot sale. This one-time special assessment shall be used
to defray organizational cost for the Association and general costs
of operation.
3. Limited Assessments - The limited assessments may be
levied against any owner in an amount equal to the costs and
expenses incurred by the Association, including legal fees for
corrective action necessitated by such owner, without limitation,
costs and expenses incurred for the repair and replacement of the
Common Area or other property owned or maintained by the
Association, damaged by negligent or willful acts of any owner or
occupant of a Lot who is occupying the Lot with the consent of such
Owner, or for maintenance of landscaping performed by the
Association which has not been performed by owner as provided
herein.
C. Maximum Annual Regular Assessment - The initial maximum
annual regular assessment to be assessed by the Association, shall
be Seventy Five and No/100 Dollars ($75.00) per Lot per year.
1. The maximum annual assessment may be increased by
the Board each year by not more than ten percent (10%) above the
maximum assessment for the previous year without a vote of the
membership of the Association as provided below.
2. The maximum annual assessment may be increased above
ten percent (10%) by a two-thirds (2/3) vote of each class of the
members who are voting in person or by proxy, at a meeting duly
called for this purpose.
3. The Board of Directors of the Association may fix the
amount of the annual assessment at an amount not in excess of the
maximum as established from time to time.
4. The total annual regular assessment, levied against
the Lots owned by the Declarant, shall be the lessor or (a) the
amount of the regular assessment per Lot multiplied by the number
of lots owned by the Declarant or (b) the difference between the
total annual assessment levied against lots owned by the other
parties, other than the Declarant, and the reasonable expenditure
of the Association for the purposes described in Section V.B.1 for
the fiscal year.
D. Notice and Ouorum for any Action Autnorizea unaer secuun
V.B.2 and V.0 - written notice of any meeting call for the purpose
of taking any action authorized under Sections V.0 and V.D shall
be sent to all members not less than ten (10) days nor more than
fifty (50) days in advance of the meeting. At the first such
meeting called, the presence of members or of proxies entitled to
cast sixty percent (60%) of all the votes of each class of
16
membership shall constitute a quorum. if the required quorum is
not present, another meeting may be called subject to the same
notice requirement, and the required quorum at the subsequent
meeting shall be one-half (1/2) of the required quorum at the
preceding meeting. No such subsequent meeting shall be held more
than sixty (60) days following the preceding meeting.
E. Uniform Rate of Assessment - Both annual and special
assessments must be fixed at a uniform rate for all Lots and may
be collected on an annual or other basis as determined by the
Association from time to time.
F. Date of Commencement of Annual Assessments - Due nates -
The annual regular assessments or any special assessments then in
effect as provided for herein shall commence as to a Lot or Lots
on the first day of the first year following the conveyance of the
Lot or Lots from Declarant to an Owner or Owners. The Board of
Directors shall fix the amount of the annual assessment against
each Lot at least thirty (30) days in advance of each annual
assessment period. Written notice of the annual assessment shall
be sent to every Owner subject thereto. The due dates shall be
established by the Board of Directors. The Association shall, upon
demand, and for the reasonable charge, furnish a certificate signed
by an officer of the Association setting forth whether the
assessments on a specified Lot have been paid. A properly executed
certificate of the Association as to the status of assessments on
a Lot is binding upon the Association as of the date of its
issuance.
G. Effect of Non -Payment or Assessments - xemeuLes oL LAC
Association - Any assessment not paid within thirty (30) days after
the due date shall bear interest from the due date on a rate of
twenty-one percent (21%) per annum or at the highest rate allowed
by law if such rate is less than 21% The Association may bring an
action at law against the Owner personally obligated to pay the
same, or foreclosure the lien against the property. No Owner may
waive or otherwise escape liability for the assessments provided
for herein by non-use of the Common Area or abandonment of his Lot.
H. Subordination of the Lien to Mortgages - The lien of the
assessments provided for herein shall be subordinate to the lien
of any first mortgage. Sale or transfer of any Lot shall not
affect the assessment lien. However, the sale or transfer of any
Lot pursuant to mortgage foreclosure or any proceeding in lieu
thereof, shall extinguish the lien of such assessments as to
payment which become due prior to such sale or transfer but shall
not extinguish personal liability. No sale or transfer shall
relieve such Lot from liability for any assessments thereafter
becoming due or from the lien thereof.
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ARTICLE VI
ARCHITECTURAL COMMITTEE
VI.
A. Members of the Committee - The Architectural Committee
for the Property, sometimes referred to as the "Committee", shall
consist of three (3) members. The following persons are hereby
designed by Declarant as the initial members of the Committee for
the Property.
Rod Trumbull
Gary Lasher
Jim Baker
Each of said persons shall hold office until such time as he has
resigned or has been removed or his successor has been appointed,
as provided herein.
B. Richt of Appointment and Removal - At any time, Grantor
is the Owner of at least one (1) of the Lots, Grantor shall have
the right to appoint and remove all members of the Committee.
Thereafter, the Board of Directors of the Association shall have
the power to appoint and remove all members of the Committee.
Members of the Committee may be removed at any time, without cause.
C. Review of Proposed Construction - The Committee shall
consider and act upon any and all proposals of plans and
specifications submitted for its approval pursuant to this
Declaration, and perform such other duties as from time to time
shall be assigned to it by the Board of the Association, including
the inspection of construction in progress to assure that it
conforms with plans approved by the Committee. The Board shall
have the power to determine, by rule or their written designation
consistent with this Declaration, which types of improvements
shall be submitted to the Committee for review and approval. The
Committee shall approve proposals or plans and specifications
submitted for its approval only if it deems that the construction,
alterations or additions contemplated thereby in the locations
indicated will not be detrimental to the appearance of any
structure affected thereby and will be in harmony with the
surrounding structures, and that the upkeep and maintenance thereof
will not become a burden on the Association.
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1. Conditions of ADvroval - The Committee may condition
its approval of proposals or plans and specifications upon such
changes therein as it deems appropriate, or upon the agreement of
the Owner submitting the same ("Applicant") to grant appropriate
easements to an Association for the maintenance thereof, upon the
agreement of the Applicant to reimburse the Association for the
cost of maintenance, or upon all three, any may require submission
of additional plans and specifications or other information before
approving or disapproving material submitted.
2. Committee Rules and Fees - The Committee also may
establish, from time to time, rules and/or guidelines setting forth
procedures for the required content of the applications and plans
submitted for approval. Such rules may require a fee to accompany
each application for approval, or additional factors which it will
take into consideration in reviewing submissions. The Committee
shall determine the amount of such fee in a reasonable manner,
provided that in no event shall such fee exceed Twenty Five Dollars
($25.00). Such fees shall be used to defray the costs and expenses
of the Committee or for such other purposes as established by the
Board. Such rules and guidelines may establish, without limitation,
procedures, specific rules and regulations regarding design and
style elements, landscaping and fences and other structures such
as animal enclosures as well as special architectural guidelines
applicable to Building Lots located adjacent to public and/or
private open space.
3. Detailed Plans - The Committee may require such
detail in plans and specifications submitted for its review as it
deems proper, including, without limitation, floor plans, landscape
plans, drainage plans, elevation drawings and descriptions or
samples of exterior material colors. Until receipt by the
Committee of any required plans and specifications, the Committee
may postpone review of any plan submitted for approval.
4. Committee Decisions - Decisions of the Committee and
the reasons therefore shall be transmitted by the Committee to the
Applicant at the address set forth in the application for approval
within seven (7) days after filing all materials required by the
Committee. Any materials submitted pursuant to this Article shall
be deemed approved unless written disapproval by the Committee
shall have been mailed to the Applicant within seven (7) days after
the date of the filing of said materials with the Committee. The
said seven (7) day period shall only commence to run when an
authorized representative of the Committee has executed an
application form acknowledging acceptance of such application and
acknowledging that such application is complete.
D. Meeting of the Committee - The Committee shall meet from
time to time as necessary to perform its duties hereunder. The
Committee may from time to time by resolution unanimously adopted
19
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in writing, designate a Committee Representative (who may, but not
need be one of its members) to take any action or perform any
duties for and on behalf of the Committee, except the granting of
variances pursuant to Section VI.I. in the absence of such
designation, the vote of any two (2) members of the Committee, or
the written consent of any two (2) members of the Committee taken
without a meeting, shall constitute an act of the committee.
E. No Waiver of Future Approvals - The approval of the
Committee of any proposals or plans and specifications or drawings
for any work done or proposed, or in connection with any other
matter requiring 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 proposals, plans and
specifications, drawings or matter whatever subsequently or
additionally submitted for approval or consent.
F. Compensation of Members - The members of the Committee
shall receive no compensation for services rendered, other than
reimbursement for expenses incurred by them in the performance of
their duties hereunder and except as otherwise agreed by the Board.
G. Inspection of Work - Inspection of work and correction of
defects therein shall proceed as follows:
1. Any member of the Committee or its representative may
inspect the work at any time during construction or within 30 days
after completion of construction. If the Committee finds that such
work was not done in substantial compliance with the approved
plans, it shall notify the Owner in writing of such non-compliance
within a sixty (60) day period, specifying the particular non-
compliance, and shall require the Owner to remedy the same.
2. If for any reason the Committee fails to notify the
owner of any non-compliance within sixty (60) days of completion
of the construction, the improvement shall be deemed to be in
accordance with the approved plans.
H. Non Liability of Committee Members - Neither the Committee
nor any member thereof, nor its duly authorized Committee
representative, shall be liable tothe Association, or to any owner
or Grantee for any loss, damage or injury arising out of or in any
way connected with the performance of the Committees duties
hereunder, provided such person has, upon the basis of such
information as may be possessed by him, acted in good faith without
willful or intentional misconduct. The Committee shall review and
approve or disapprove all plans submitted to it for any proposed
aesthetic considerations and the overall benefit or detriment which
would result int he immediate vicinity and to the Property
generally. The Committee shall take into consideration the
aesthetic aspects of the architectural designs, placement of
20
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building, landscaping, color schemes, exterior finishes and
materials and similar features, but shall not be responsible for
reviewing, nor shall its approval of any plan or design from the
standpoint of structural safety or conforming with building or
other codes.
I. 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, 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 set -back lines or requirements imposed by any governmental or
municipal authority.
ARTICLE VII
ANNEXATION OF ADDITIONAL PROPERTIES
VII.
A. Annexation - Declarant presently intends to develop
other neighboring properties and may, in Declarant's discretion,
deem it desirable to annex some or all of such other properties to
the property covered by this Declaration. The annexed properties
may, at Declarant's sole discretion, be used and developed for any
purpose allowed under appropriate zoning regulations. Such other
properties may be annexed to the Property and brought within the
provisions of this Declaration be Declarant, its successors or
assigns, at any time, and from time to time, without the approval
of an Owner, the Association or its Board of Directors provided
that the FHA and the VA, or the HUD representatives thereof,
determines that the annexation is in accordance with the general
plan heretofore approved by them. As such properties are
developed, Declarant shall, with respect thereto, record a
Supplemental Declaration which may supplement this Declaration with
such additional or different covenants, conditions, restrictions,
21
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reservations and easements as Declarant, and FHA and VA, or the HUD
representatives thereof, may deem appropriate for the other
properties or portions thereof and may delete or eliminate as to
such other properties such covenants, conditions, restrictions,
reservations and easements as are continued herein which Declarant
and FHA and VA, or the HUD representative there of, deem no
appropriate for the other properties.
B. Additional Properties - Subject to the provisions of
Section VII.A above, upon the recording of a Supplemental
Declaration as to other properties containing the provisions as set
forth in this Section, all provisions contained in this Declaration
shall apply to the added properties in the same manner as if it
were originally covered by this Declaration, subject to such
modification, changes and deletions as specifically provided in
such Supplemental Declaration. The Grantees of Lots located in the
other properties shall share in the payment of assessments to the
Association as provided herein from and after the recordation of
the first deed of a Lot within the added properties from Declarant
to an individual purchaser thereof.
C. Procedure for Annexation - The additions authorized under
Section VII.A above, shall be made by filing of record a
Supplemental Declaration or other similar instrument with respect
to the other properties or portion thereof, which shall be executed
by Declarant or the owner thereof and shall extend the general plan
and scheme of this Declaration. The filing of record of said
Supplemental Declaration shall constitute and effectuate the
annexation of the other properties or portion thereof described
therein, and thereupon said other properties of portion thereof
shall become and constitute a part of the properties, become
subject to this Declaration and encompassed within the general
plans and scheme of covenants, conditions, restrictions,
reservations and easements and equitable servitude contained herein
as modified by such Supplemental Declaration for such other
properties or portion thereof, and become subject tothe functions,
powers and jurisdiction of the Association. Such Supplemental
Declaration may contain such additions, modifications or
declarations of the covenants, conditions, restrictions,
reservations or easements and equitable servitude contained in this
Declaration as may be deemed by Declarant and FHA and VA, or the
HUD representatives thereof, desirable to reflect the different
character, if any, of the other properties or portions thereof or
as Declarant and FHA and VA, or the HUD representative thereof, may
deem appropriate in the development of the properties or portion
thereof.
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ARTICLE VIII
EASEMENTS
VIII.
A. Maintenance and Use Basement Between Walls and Property
Lines - The Association or owner of any lot shall hereby be granted
an easement of 5 foot width on the adjoining properties for the
purpose of maintenance of fence and/or landscaping so long as such
use does not cause damage to any structure or fence. Owner of such
lot shall notify the owner of adjoining property as to reason and
date for the use of the easement.
B. Other Maintenance Easements - Easements for installations
and maintenance of utilities and drainage facilities are reserved
as shown on the record 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 these improvements
for which a public authority or utility company is responsible.
A further easement is hereby reserved in favor of the Association
for access to and maintenance of any irrigation facilities serving
the Common Area.
ARTICLE I%
GENERAL PROVISIONS
A. Enforcement - The Association or any owner, shall have
the right to enforce, by the 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 Association or by an Owner to enforce
any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter.
B. 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.
C. Interpretation - The terms, covenants and conditions
hereof are to be read and interpreted consistently and in a manner
to protect and promote Property values.
23
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D. Term and Amendment - The covenants and restrictions of
this Declaration shall run 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 the President and Secretary of the Association
affirming that such amendment was approved by two-thirds (2/3) of
the Owners of the Lots covered by this Declaration or by an
nstrument signed by two-thirds (2/3) of the Lot Owners; provided,
however, that if Grantor is still the Owner of any Lots the
provisions of Article VI may not be amended without the written
consent and vote of the Grantor.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein,
has hereunto set its hand and seal this day of_t
1992.
L & R SALES, AN IDAHO PARTNERSHIP
BY �A
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BUILDING PERMIT Issued: 4/08/97 Permit No: 18285
Conditions:
OWNER/APPLICANT------------------------PROPERTY LOCATION ------------------------
LASHER CONSTRUCTION | 3531 ELM CREEK DR W
PO BOX 583 >
MERIDIAN, ID 83680 | Lot: 4 Block: 14 Long Legal:
208/939-8601 | Sub: PARKSIDE CREEK #4
T: S: | Parc No:
|
CONTRACTOR-----------------------------DESIGNER---------------------------------
DOUG LASHER CONSTRUCTION �
P.O. BOX 967 |
MERIDIAN, ID 83680 | ,
208/888-1628 1 000/000-0000
PROJECT 1NF0 --------------------------------
Prj Value:
$113,680.00
| SFD UNITS:
1 MFD UNITS: 0
Prj Type:
NEW
| SFD SQ FT:
1,640 MFD SQ FT: @
Occ Type:
RESIDENTIAL
i
$0.00
Occ Group:
R3 Occ Load: 4
| COMMERCIAL:
0
Cnstr Type:
TYPE VN
| INDUSTRIAL:
0 GARAGE: 728
Land Use:
$0.00
I
$0.00
PROJECTNOTES ...................................................................
$165.00 --------------
$0.00
PERMIT FEE $631.00 - $50.00 APP FEE
PROJECT FEES ASSESSMENT ----------------------------------------------------_____
Building Permit
$581.00 ACHD IMPACT
$900.00
--------------
$0.00
Plan Check
$0.00 RE-APPLICATION
$0.00
--------------
$0.00
MOBILE HOME
$0.00 --------------
$0.00
$0.00
FOUNDATION
$0.00 --------------
$0.00
$0.00
WATER METER
$165.00 --------------
$0.00
PARK IMPACT
$529.82
WATER HOOKUP
$704.00 --------------
$0.00
=========================
| WAT LATECOMERS
$0.00 --------------
$0.00
TOTAL FEE:
$4,4S4.-' 484 82
� SEWER HOOKUP
|
$1,580.00 --------------
$0.00
AMT PAID:
$4'484^82
� SEW LATECOMERS
$0.00 --------------
$0.00
-----------------------
� IRES
$25.00 --------------
$0.00
BAL DUE:
$0.00
—�a
PARKSIDE ##4
SL — -54" j- Li? Af -
Gcc #L,(, D'
L, ,D
Z G L5a wA17
- 9 9
i
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
November 21, 1994
Idaho Power Company
130 East Idaho
Meridian, Idaho 83642
888-4491
Fax 888-3961
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
RE: STREET LIGHTS FOR ROD'S PARKSIDE CREEK NO. 4 SUBDIVISION
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner & Zoning Administrator
JIM JOHNSON
Chairman - Planning & Zoning
Street Lights have been installed by the developer in Rod's Parkside Creek No. 4
Subdivision. These are 100 watt and 250 watt high pressure sodium lights on steel poles,
owned by the City of Meridian.
The nine (9) street lights are located at:
250 Watt @ Lot 49 Block 3
100 Watt @ Lot 45 Block 3
100 Watt @ Lot 34 Block 3
100 Watt @ Lot 15 Block 11
100 Watt @ Lot 11 Block 14
100 Watt @ Lot 8 Block 14
100 Watt @ Lot 4 Block 14
100 Watt @ Lot 43 Block 5
100 Watt @ Lot 1 Block 15
See attached map for additional information.
Please use this letter as your authority to activate these street lights.
Sincerely,
�L eC
William G. Berg, Jr.
City Clerk
°4 CITY OF MERIDIAN, BUILDING DEPARTMENT
33 E. Idaho, Meridian, ID 83642
887-2211 • Inspection Line 887-1155
ELECTRICAL PERMIT
Issued: 10/12/94
Permit No: 4690
OWNER/APPLICANT------------------------ PROPERTY LOCATION --------------------
ROD'S PARKSIDE CREEK HOMEOWNER I 1 PARKSIDE CREEK #4
F-,,JJECT FEES ASSESSMENT --------------=-
TOTAL ELECTRICAL FEE: $202.50
----------------------------------
Amount Paid: $202.50
Balance Due: $0.00
IMPORTANT INFORMATION
Inspection requests must be made 24 hours prior to the need for inspection. Persons making the requests must provide the
following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection,
5) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday -
Friday, between 8:00 AM and 5:00 PM, excluding holidays.
Other Permits are Required for the installation of any electrical wiring, plumbing piping and mechanical installations
related to gas fired equipment.
Permit Revocation/Expiration. The Building Official reserves the right to revoke any permit issued in error or on the basis
of incorrect information. Permits expire in 180 days if: work is never commenced, or is discontinued for a period exceeding 180 days
or 6 months.
Declaration - This permit is being issued subject to the ordinances and laws of the City of Meridian, and it is hereby agreed that
the work to be performed will conform to the regulations pertainin d applicable thereto.
Owner or Authorized Agent Date
I Lot:
-MERIDIAN ID 83000
208/000-6000
I Block: Long Legal:
1 Sub:
T: S:
I Parc No:
1
CONTRACTOR ----------------------------- DESIGNER -------------------
ABCO ELECTRIC
I
247 BLAINE
1
NAMPA ID 83651
208/4k-7111
.I
1
1 600/000-0000
PROJECTINFO ------------------------------------------------------------
Prj Value: $14 500.00
Prj Type:
1 Temp Service:
STREETLIGHTS
I Residential Service:
Occ Type: RESIDENTIAL
I Number of Roams:
Occ Grp: Occ Load:
I Electrical Heat:
Cnstr Type:
I Number of Circuits:
Land Use:
(Other:
PROJECT NOTES---------------------
- - - -
B3, �L11
STREETLIGHTS FOR PARKSIDE #4 L49/B31
L45/B3, L34 L15B11, B14,
L8/B147 L4/B141 L43/B5, Li/B15.
F-,,JJECT FEES ASSESSMENT --------------=-
TOTAL ELECTRICAL FEE: $202.50
----------------------------------
Amount Paid: $202.50
Balance Due: $0.00
IMPORTANT INFORMATION
Inspection requests must be made 24 hours prior to the need for inspection. Persons making the requests must provide the
following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection,
5) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday -
Friday, between 8:00 AM and 5:00 PM, excluding holidays.
Other Permits are Required for the installation of any electrical wiring, plumbing piping and mechanical installations
related to gas fired equipment.
Permit Revocation/Expiration. The Building Official reserves the right to revoke any permit issued in error or on the basis
of incorrect information. Permits expire in 180 days if: work is never commenced, or is discontinued for a period exceeding 180 days
or 6 months.
Declaration - This permit is being issued subject to the ordinances and laws of the City of Meridian, and it is hereby agreed that
the work to be performed will conform to the regulations pertainin d applicable thereto.
Owner or Authorized Agent Date
8Sp - 2516
�r/vle d � ih;&-, /ted-
�e2�GQAO Aoo-e
sl�
I *
0
hiT-
ORD Ft
-11f
CURRENT RESIDE
MODIFY
Tt(:I(:ii; I: ;`i ::I
IYIF"TER i:: .l 24 :1
_.... _......
__.... _.......... _........ ...... _....I
::31: