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Tract Subdivision RZ PP & VAR0 MERIDIAN CITY COUNCIL MARCH 3, 1992 PAGE 2 0 The Motion was made by Tolsma and seconded by Corrie that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #571 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #3: ORDINANCE #572: ANNEXATION B ZONING OF LOTS 5 & 6 BLOCK 1, DORIS SUB.: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS LOTS 5 AND 6 IN BLOCK 1 OF DORIS SUBDIVISION, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who would like Ordinance #572 read in it's entirety? No response. The Motion was made by Yerrington and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #572 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #4: ORDINANCE #573: REZONE FROM R-4 to R-8 PROPERTY ON N. LOCUST GROVE ROAD, TRACT SUBDIVISION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN REZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SOUTH 1/2 NORTHEAST 1/4, SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE - MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance #573 read in it's entirety? No response. The Motion was made by Tolsma and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #573 be passed and approved. 6 .0 MERIDIAN CITY COUNCIL MARCH 3, 1992 PAGE 3 Roll Call Vote: Yerrington — Yea; Giesler — Yea; Corrie — Yea; Tolsma — Yea; Motion Carried: All Yea. ITEM #5: APPROVE PRELIMINARY PLAT ON TRACT SUBDIVISION & FINAL PLAT ON PHASE 1 OF TRACT SUBDIVISION IF ORDINANCE APPROVED: Kingsford: Any questions of the staff from the Council? I Tolsma: Has everything been taken care of on the Engineer's comments? Eng. Smith: I believe so. The Motion was made by Tolsma and seconded by Yerrington to approve the Preliminary Plat on Tract Subdivision and the Final Plat on Phase 1 of Tract Subdivision. Motion Carried: All Yea: ITEM #6: COVENANTS FOR TRACT SUBDIVISION #1: The Motion was made by Tolsma and seconded by Giesler to approve the Covenants for Tract Subdivision #1 conditioned upon the attorney's recommendations being met. Motion Carried: All Yea: ITEM #7: ORDINANCE #574: ANNEXATION & ZONING (R-4) OF PROPERTY ON NORTH MERIDIAN ROAD, WATERBURY SUBDIVISION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SW 1/2 OF THE S 1/2 OF THE NE 1/2, SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE—MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone present who wishes Ordinance #574 read in it's entirety? No response. The Motion was made by Tolsma and seconded by Carrie that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #574 be passed and approved. Roll Call Vote: Yerrington — Yea; Giesler — Yea; Corrie — Yea; Tolsma — Yea; Motion Carried: All Yea: AMBROSE. FITZOERAL 6 CROOKSTON ABo.M„"n" Counwim P.O. Boz 427 MM"oMN IWW 83642 T"Np7gns BMd�St 0 • ORDINANCE NO.S/.7 AN ORDINANCE OF THE CITY OF MERIDIAN REZONING CERTAIN REAL PROPERTY WHICH IS AS A PORTION OF 1/2 NORTHEAST 1/4, SECTION S6RIBED TOWNSHIP 3 NORTH, RANGE 1H EAS ,SOUBOISE- MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to rezone in the said City real property which is hereinbelow described: A parcel of land being a portin Me idien of the County, Section nd 6, T.3N., R. 1E., B.M., particularly described as follows: Beginning at a brass cap marking the Southeast corner of the NE 1/4 of said Section 6, said point being the REAL POINT OF BEGINNING; thence South 89041'52" West 2646.23 feet along the Southerly boundary of said NE 1/4 to a 1 1/2" pipe marking the Southwest corner of said NE 1/4; thence North 0°20'01" East 1313.87 feet along the Westerly boundary of said NE 1/4 to a point; thence North 89057136" East 2647.85 feet to a point on the Easterly boundary of said NE 1/4, said boundary being also the centerline of North Locust Grove Road; thence South 0°24'35" West 1301.77 feet along said boundary and centerline to the point of beginning, comprising 79.0 acres, more or less. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above referenced real property described as: A parcel of land being a portion of the NE 1/4, Section 6, T.3N., R. 1E., B.M., Meridian, Ada County, and more particularly described as follows: ORDINANCE Page 1 AMBROSE, FfTZGERALD 6 CROOKSTON Attomeys snd CounsM P.O. Box 427 MwMinn,IdaW $3642 TNepmm ON Es 1 0 0 Beginning at a brass cap marking the Southeast corner of the NE 1/4 of said Section 6, said point being the REAL POINT OF BEGINNING; thence South 89°41152" West 2646.23 feet along the Southerly boundary of said NE 1/4 to a 1 1/2" pipe marking the Southwest corner of said NE 1/4; thence North 0°20'01" East 1313.87 feet along the Westerly boundary of said NE 1/4 to a point; thence North 89°57'36" East 2647.85 feet to a point on the Easterly boundary of said NE 1/4, said boundary being also the centerline of North Locust Grove Road; thence South 0°24135" West 1301.77 feet along said boundary and centerline to the point of beginning, comprising 79.0 acres, more or less. is hereby rezoned in the City of Meridian, and shall be zoned R- 8 Residential; that the reason for the R-8 zoning is to allow for 79 single family dwelling lots, which would be allowed in the R- 8 Residential District zone; that the rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for rezoning, and specifically that even though the property is zoned R-8 only single family dwellings will be allowed on the property, the Meadowgrass Street, a collector street, shall not have access from individual lots, and when there are 100 lots developed the proposed subdivision shall have two access streets to Locust Grove Road. Section 2. That the property shall be subject to re- zoning if the owner or his assigns, heirs, or successors shall not meet the requirements contained in the Findings of Fact and ORDINANCE Page 2 AMBROSE, FITZGERALD i CROOKSTON ARam171 rW OwnW P.O. SM 127 MMM16n,MYa 83642 0 0 Conclusions of Law. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 3rd day of March, 1992. ATTEST: ORDINANCE Page 3 APPROVED: W �r�I �1050 AMSROSE, MZGERALD d CROOKSTON Attorn,y,eq Ca Seim 9 9 STATE OF IDAHO,) ss. County of Ada, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN REZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SOUTH 1/2 NORTHEAST 1/4, SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. �by the Cit Council and Mayor of the City of Meridian, on e�j r day of �o.-el, 1992, as the same appears in my o ice. DATED this- day of Y lr lore k , 1992. LierK, ity of Merit ounty, Idaho STATE OF IDAHO,) ss. County of Ada, ) On this _ day ofjch 1992, before me, the undersigned; a NotaryPuu6Tic in ana oar said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged 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. ,��,r`�p E L. ' SEAL �P �pT P.O. Sox 127 MWW1W,16wW ORDINANCE Page 4 Bela TN408854"1 t ji ry Public for fdaho ding.at Meridian Idaho mmission expires 04701/93 MERIDIAN CITY COUNCIL FEBRUARY 18, 1992 PAGE 3 Kingsford: I will now open the Public Hearing. Is there a representative present? No response. Anyone else to offer testimony' What this is is a request for annexation for the property ,lust west of Meridian Paint and Glass between that and the boat shop. No response for Hearing. I will close the public hearing. Tolsma: The Engineer's comment says that the .developer will extend an 8" sewer line to and through his property to a point approximately 1/2 mile east of Locust Grove Road. Is that in the future or? Eng. Smith: Yes, there's a period after to and through is property. His sewer will extend on to the east approximately 1/2 mile east of Locust Grove Road. The Motion was made by Tolsma and seconded by Corrie to approve of the Findings of Fact and Conclusions of Law as prepared for Planning & Zoning. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea: Motion Carried: All Yea: The Motion was made by Corrie and seconded by Yerrington to have the attorney prepare an Ordinance. Motion Carried: All Yea: ITEM #4: PUBLIC HEARING: REZONE REQUEST W/PRELIMINARY PLAT, TRACT SUBDIVISION, MERIDIAN PLACE LIMITED & PROPERTIES WEST: Kingsford: I will open the Public Hearing. Is there a representative present? Gary Lee, 1750 N. Summertree, Meridian, was sworn by the attorney. Lee: I'd like to give you a brief history and also what the development consists of and then answer any questions you may have. This particular piece of ground, known as the Harmon Property, originally was annexed into the City limits in 1975, there's about 80 acres next to Locust Grove Road. At that time, it was zoned A -Residential prior to any zoning changes. 0 MERIDIAN CITY COUNCIL FEBRUARY 18, 1992 PAGE 4 Preliminary plat was prepared then called Meridian Place Subdivision Unit #2. It consisted of 483 units on about 106 acres that was holding a density of 4.5 single family houses per acre. Subsequent to that time of course the zoning was changed and updated and it is now R-4, which allows four units per acre. Part of this request is to request a rezone to R-8 to allow for some lots that are less than 8,000 square foot minimum in R-4. This particular project is about 79 acres in size. The plan calls for 300 single family dwelling units plus one well lot. The lot density would result in 3.8 residential units per acre which is considerably less than the previous plan. Average lot sizes in this project will be 68 to 70 feet in width and about 100 to 105 feet in depth, resulting in an average size of about 7100 sq. feet. House pricing in this development will range from $80,000 to $120,000. The minimum house size the developer is seeking is 1300 square feet and the development will consist of two and three car garages as well. The improvements for the project - sanitary sewer - this particular piece of ground is broken into a north forty acres and a south forty acres in our sewer planning. The southerly forty acres will drain into the northeast 10th Street sewer as it will extend through the Ewing property which is part of that Meridian Place Subdivision and into this particular project and on over to the East of Locust Grove, that will serve about half the houses. The other half which is the northerly forty acres will be served by what's called the south slough sewer extension. By the time we reach that phase which is about phase four or five hopefully the south slough will be available and we will be able to extend it through the project and serve the north forty acres. Water for this project, there's an existing ten inch main on Locust Grove Road at E. Meadowgrass which is directly across the street from our first phase. We will extend that ten inch line up Locust Grove for future development. We'll also extend a line into the development which will ultimately loop into the water line ejected over on N.E. 10th. We'll also carry the minimum 10" grid system on the half miles lines as required by City policy. Streets will be constructed to ACHD requirements. We will also improve N. Locust Grove to a minor arterial status and we will dedicate the required right of way there and improve it to the width required by the highway district. We did have tech -review with ACHD today and I'd like to leave a copy with the Council tonight. I'd like to go through what their site specific requirements are. As you know we are required to perform a traffic study for this development because it's in excess of the fifty lots that their policy dictates. That study resulted in 0 0 MERIDIAN CITY COUNCIL FEBRUARY 16, 1992 PAGE 5 the fact that current traffic flows on Fairview and Locust Grove at this time are to a point where a traffic light is warranted. There are two of the items that dictate when a light is warranted and that is of course the amount of traffic and the amount of delay time making turns onto Fairview. In ACHD review and comments, their site specific comments of course we'll dedicate that 33 feet of right of way for Locust Grove and build our half of the 52 foot street, which is a four lane street. Construct the curb, gutter and sidewalk, etc. direct lot access to Locust Grove is prohibited which is pretty much standard policy. Direct lot access to Meadowgrass is prohibited with the exception of one lot, which is lot 2 of block 5. The traffic signal is required at this time, it will be installed by ACHD and not required as a condition of approval for this development. It has been placed on a list of improvements throughout the county and they did not give us a time it will be done. Currently there are two irrigation feed ditches that traverse across the property, one along the east boundary next to Locust Grove Road and one along the south boundary from east to west. Those two ditches will be piped to serve the neighbors both west and north of us. We have met with those water users and have reviewed the requirements with Nampa Meridian Irrigation District and have sized the line to carry the flows projected. Storm water generated from the road right of ways will be retained on site. We anticipate using a combination of sub—surface drainage pits and surface drainage swells. These systems will be designed for the twenty five year storm event. The lot irrigation, when we originally submitted the plat back in November, at that time we requested a variance in the pressurized irrigation requirement of the ordinance, the new ordinance of course allows us the option to request a waiver and to pay into the reserve fund and we would like to do that at this time. Are there any questions I can answer? Tolsma: You stated on there that the houses are going to be 1300 square feet minimum? Lee: Yes. Tolsma: The comment sheet here says 1400 sq. feet minimum. Lee: P 8 Z made that recommendation to Council, the developer would like to maintain a 1300 sq. foot minimum. Kingsford: Anyone else from the public to offer testimony? Jon Barnes, 1034 Justin Place, was sworn by the attorney. 0 0 MERIDIAN CITY COUNCIL FEBRUARY 18, 1992 PAGE G Barnes: I'd like to address the Council and Mayor on the sizes of the housing. We don't know how long that market will stay good ana we would rather have a little more flexibility in being able to come down closer to that 1300 if the market in fact dictates that we need to. One of the things we are going to do is require a six — twelve pitch on the roof so the roof pitch will be a little more steeper and we are going to require an architectural asphalt shingle. As far as size we feel that ,lust because of the length of a project like this we would like opportunity to come down to the minimum that you require in that zone which is 1300 sq. feet. Corrie: Mr. Barnes, on the homes that you were building there in Boise, we looked at those pictures, were any of those under 1400 square feet? Barnes: All of them were 1447 up, but we would just like the flexibility to pull down to 1325 or 1350 ,lust because we don't know how long the market will stay strong. Tolsma: The Fire Department has a question on secondary access, is it possible to maybe work phase 8 in earlier? Barnes: Gary and I met with the Fire Chief and he's agreed to go clear back to the end of the third phase where it would pick up that right of way through the Ewing's. We are getting an actual easement for a road right of way all the way through Meridian Place #3. Explained to Council on map. (See tape) Kingsford: Anyone else from the public to testify? No response. I will close the public hearing. Run a quick total on how many lots there are Mr. Lee please. Giesier: Have you gone over the Engineer's comments'' Lee: Yes. Clerk Niemann: You mean we are going to have to change the Findings to allow more lots for the difference? Kingsford: That's going to depend on just how many lots, Mr. Lee is calculating. west, 1401 Shoreline Dr. • P.O. Box 2797 • Boise, Idaho 83701 • (208)345-7523 February 11, 1992 The Honorable Grant Kingsford City of Meridian Meridian, Idaho 83642 RE: Cash alternative to pressure irrigation ordinance in Meridian Dear Mayor Kingsford: The purpose of thisJletter is to summarize my concerns previously expressed in writing to Gary Smith, to both yourself and the City Council regarding a cash alternative to the pressure irrigation ordinance. First of all, I feel from the Council's point of view that this ordinance was well intentioned. I do not feel it was thoroughly enough thought out as it presents many downside risks and problems, some of which are expressed in a letter I sent to Gary Smith, dated October 28, 1991 which I have enclosed. Therefore I am pleased that the Council is looking into a cash alternative in lieu of installation of a pressure irrigation system. Calculation of the Cash Alternative The calculation of the cash alternative should be derived by the cost of the city to develop the additional water necessary to sprinkler irrigate the lawn and garden area of a typical single family home not on the cost of a pressure irrigation system. With this in mind and for comparison purposes I thought it might be helpful to compare water hookup fees between Boise and Meridian. The City of Meridian charges a $380.00 water connection fee plus $90.00 to set the water meter. Boise Water Corporation on the other hand charges a $190.00 water connection fee for a 3/4" meter. Meridian meters their water on a per/1000 gallon basis while Boise Water meters on a cubic foot basis. Boise Water has no surcharge for irrigation purposes. They informed me they have not broken out the figures on how much it costs to irrigate the average yard but Boise Water did say the average residential water bill is $205 per year. They noted that during peak irrigation demand 75% more water is used equating to an $80 per two month water bill. Boise Water's rate schedule makes water a bit more expensive than that in Meridian. With an understanding that both system's operation and maintenance costs are borne by the customer pay base, 0 thin: Meridian needs to be careful to not impose too large an additional water fee for irrigation. Whether it is charged to the developer or to the builder, it still must be passed on in the cost of the home. City Wide Irrigation Fee I would suggest the City assess all new single family homes on a city wide basis not just the new developments coming on line. This would broaden the fee structure. In conclusion, I would hope that the irrigation assessment would not exceed $ala per'lot. I do not feel the City can justify more than that amount to source additional water for irrigation purposes whether the developer or the builder pays. Ultimately the home buyer must pay and we need to be careful not to inflate those new home prices too rapidly. Respectfully submitted for your consideration. r4 inerely, �� i L. Barnes F esident ENC: 1 JLB/id P-roPeT-Cies wes cl inc. 1401 Shoreline Dr. • P.O. Box 2797 • Boise. Idaho 83701 • (208)345-7523 October 28, 1991 Mr. Gary Smith City Engineer City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 HE: Concerns about pressure irrigation for new residential development. Dear Gary: I want to thank you for the opportunity to discuss the pressure irrigation ordinance for new development in Meridian. Because you are looking into alternatives to the installation of pressure irrigation systems I thought it would be appropriate to put my concerns in writing: I. SEPARATE UTILITY My first concern is the installation of a complete and separate utility that has to be installed by developers and the resulting operation and maintenance requirements. I think it wise to limit the number of utilities that are installed from a cost and maintenance perspective. II. OPERATION S MAINTENANCE PROBLEMS From a practical perspective and my own previous experience, it is extremely difficult to find homeowners who are willing to manage and operate a system such as is required:.-- Very few have interest in the responsibility of operating and -managing. such a system. This would put an even greater load on developers to ensure the system. III. LACK OF UTILIZATION I question how many would actually use such a system. In a conversation with Norm Fuller of Meridian Greens Subdivision, he stated that 1/3 of the homeowners in the subdivision are not using the system even though they have very large lots. When they find out they can't all use it on Saturday morning I think some would stop using it completely. i i IV. LACK OF STANDARD CONSTRUCTION SPECIFICATIONS Another concern is the lack of standard .construction specifications for these systems. At the present time the City has a wide range of quality in the systems being constructed. This will affect the operational life and maintenance of these systems. V. LACK OF IRRIGATION MATER Over time, as development increases, it will be inevitable that irrigation water delivery will become more difficult and certain properties will not have irrigation water available which could necessitate the use of well water. Therefore I feel it would be wise to size up the City water system to handle irrigation demand. VI. POTENTIAL CITY MAINTENANCE b LIABILITY Finally, I feel the City could be building themselves an ongoing maintenance headache that I don't feel the City desires to assume and I also feel there could be some potential liability because of cross connection between the City water system and these pressure irrigation systems. In conclusion, I would hope that the City would consider an alternative to the pressure irrigation systems such as a cash reserve for City water system development. I do feel though that this should not exceed 5200 per lot since the present single family hook up is 5465. With a total of $665 the City should be able to reserve adequate capital to develop City water wells that would provide the additional water required for irrigation of subdivision lots. Thank you for taking the time to consider this from the development perspective. If you have any questions or comments please don't hesitate to contact me. e e y , Barnes JLB/ld AMBROSE, FITZGERALD d CROOKSTON ANomeys and Counselom P.O. Box 427 McNdlan, Idaho 67842 Telephone 8884481 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on February 18, 1992, for the purpose of reviewing and considering the Application of MERIDIAN PLACE LIMITED, a General Partnership, and Property West, Inc., joint applicants, for a rezone of the South 1/2 Northeast 1/4, Section 6, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho, from (R-4) Residential to (R-8) Residential. The above property is generally located North of Chateau Drive and West of Locust Grove, Meridian, Idaho. FURTHER, Applicants request a variance from the Meridian Ordinance requiring pressurized irrigation systems. NOTICE IS HEREBY FURTHER GIVEN that the Applicants further request a preliminary plat of the above property for 79 single- family dwelling lots, and hearing shall be had on said request at the same place, date and hour. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome and will be taken and heard. DATED thisc2W day of January, 1992. MERIDIAN PLANNING & ZONING JANUARY 14, 1992 PAGE 2 1! The Motion was made by Hepper and seconded by Rountree that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning request by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicants be specifically required to tile all ditches, canals and waterways as a condition of annexation and that the Applicants meet all of the Ordinances of the City of Meridian, specifically including the development time requirements. Motion Carried: All Yea: ITEM BY M Johnson: Any discussion on thi59 MINARY PLAT Hepper: As I remember during our last discussion it was established that the minimum house size would be 1400 sq. ft. and I don't see where that is reflected in the Findings of Facts. Discussion. (TAPE ON FILE) Hepper: I also have a question about the frontage on the lots. Okay I don't have a question. The Motion was made by Rountree and seconded by Hepper to amend by adding an additional condition to the Findings and Facts, that the minimum square footage as specified in testimony to be 1400 sq. feet. Motion Carried: 3 — Yea; 1 — Nea: The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions as amended. Roll Call Vote: Hepper — Yea; Alidjani — Absent: Motion Carried: All Yea: Rountree — Yea; Shearer — Yea; MERIDIAN PLANNING & ZONING JANUARY 14, 1992 PAGE 3 The Motion was made by Rous tT1?V-,#MVd1* onded by Shearer that the Meridian Planning & ZoningCorti"i5sihereby ids to the City Council of the City of Meridian that they approv�Os. Rezone requested by the Applicant€ '"he propert described in the application with thq ions set for#.p indinas of Fact and Conclusions of and that thr'p'roperty-be required to meet the water and sewer requirements, Fire Department requirements, Sewer Department requiremenlrip, t: Papn Irrigation requirements, and the other '11 ,Ordin.q y of Meridian. Motion C Ti K ion was: ' y„b�t'�.l , that we cs A, reCedrmend to the City _f,punt it a f fllat for the alpP3sear9f'� s , r(Rgt►at am n mend that those condi:,�.-- sato- . _"&W_the Findings and Facts.. nid 4 ions of 7.00. r d in the preliminay .pLsi' , ace LTS afff�' rties West. Motion Carriedr *V1 NNlylts ITEM #4: FINDINGS OF FACT ON ANNEXATION AND ZONING REQUEST W/PRELIMINARY PLAT BY PETERSON & CAPITAL DEVELOPMENT: Johnson: Any discussion? Shearer: On the plat for this project, in the neighboring plat we required a road leading into this plat and we dont have a road at this time and I think we need to continue that road out of the Meridian Manor. Discussion (Tape on file) - The Motion was made by Shearer and seconded by Rountree that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Absent: Motion Carried: All Yea: AMBAOSE, FITZGERALD 6 CROOKSTON AtIorn"s w4 Counselors P.O. Box 4V MwIEIse, IdOw M42 0 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MERIDIAN PLACE LIMITED AND PROPERTIES WEST REZONE APPLICATION A PORTION OF THE S 1/2 NE 1/4, SECTION 6, T.3 N., R. 1 E. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing December 10, 1991 at the hour of 7:30 o'clock p.m., the Petitioners appearing through Gary Lee, Applicant's engineer, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 10, 1991, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 10, 1991, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That this property is located within the City of Meridian and is owned by the Applicants and which property is described in the application which description is incorporated herein; that the property is presently zoned R-4 Residential; the FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 1 AMBROSE, FITZGERALD 6 CROOKSTON Allomeys and Cooneslors P.O. Box 427 Meridien, I0ello 110442 Twepnoos 8854"1 0 0 area in which Applicants' property is located is in large part used agriculturally and with some residences. 3. The property is presently zoned R-4 Residential and the Applicants propose to have the property zoned R-8 Residential. 4. That the R-4 and R-8 Districts are described in the Zoning Ordinance, 11-2-408 B. 1 and 2 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the --4T 6istrict is to pelt the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R- 4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. (R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT: The purpose of tTie (R_-TT-DTstri�ct isto permit the estaGTishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units pre acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 5. That the property is contained in the NORTH CURVE Neighborhood as shown on the Policy Diagram at Page 7 of the Meridian Comprehensive Plan; that under Housing Development on page 25 and 26 of the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre and it is the policy that a density of greater than 1 dwelling unit per 5 acres may not be exceeded outside of the Urban Service Planning Area. 6. That the property has frontage on Locust Grove Road; FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 2 AMBROSE, FITZGERALD &CROOKSTON Atto ",u C"n"I t P.O. Box 42? MWw1m. WSW 87812 TeMomm 88&1181 0 0 that the property, as presently planned, will only have one access on to Locust Grove until the final stages of development; that the property in the past has been used agriculturally. 7. That sewer and water is available to the property. 8. That comments may be submitted by the Nampa Meridian Irrigation District, Meridian Police Department, Ada County Highway District, Meridian Fire Department, City Engineer, and the Meridian Sewer Department and other agencies and those comments will be incorporated herein as if set forth in herein. 9. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 3 AMBROSE, FITZGERALD &CROOKSTON Allom8yl and Counselors P.O. Box 127 Merlolen, Idaho &3814 TOMPeon,8861161 0 0 and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: ( a ) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The area is in the North Curse Neighborhood and a rezone of the subject property is in line with that designation, ( c ) The area around the proposed zoning amendment is developed in a residential fashion that would be allowed in the North Curve and the new zoning would not be contrary to the allowed uses. ( d ) There has not been a change in the area but the requested zone change is merely to a different residential district. ( e ) That the property as R-8 Residential will be harmonious with the surrounding area. ( f ) The proposed use should not be hazardous or disturbing to the existing or future uses of the neighborhood. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 4 TFIF01vm*ea8$ 46I (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. ( j ) Development may cause a significant increase in vehicular traffic and this problem must be addressed in the design of the subdivision. ( k ) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. ( 1 ) The proposed zoning amendment is in the best interest of City of Meridian. 8. It is further concluded that the comments, recommendations and requirements of other governmental agencies will have to met and complied with. 9. That the Applicant shall comply with the ordinances of the City of Meridian. 10. That even though the property is requested to be zoned to R-8, the developer indicated that only single-family homes would be constructed and such shall be a limitation on the subdivision; that the collector street, Meadowgrass Street, shall not have access from individual lots; that when there are 100 lots developed that subdivision shall have an additional access on to Locust Grove Road. AMBROSE, FITZGERALD &CROOKSTON AtlorMys uxt CPYnwlm P.O. Box 427 M"iO.Iw,We'° FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 5 TFIF01vm*ea8$ 46I AMBROSE. FITZGERALD BCROOKSTON Attomo7S W4 Co W* F.O. Box 427 MMMISjmw 83042 Tolop110 8664161 0 0 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, Fire Department requirements, Sewer Department requirements, the Nampa Meridian Irrigation requirements, and the other Ordinances of the City of Meridian. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 6 0 MERIDIAN PLANNING & ZONING DEC. 10, 1991 PAGE 6 Motion Carried: All Yea: I TEM[' 06 s VARIANCE B1 i Johnson: I will now open the Public Hearing. Is there a representative present? Gary Lee, JUB Engineers, 250 So. Beechwood, Boise, was sworn by the attorney. Lee: The requested rezone is for existing R-4 to R-8. The purpose for the rezone is to allow for a slightly smaller lot in the R-4 zone it is 8,000 sq. ft. and a 70 foot minimum frontage is required. These lots are somewhat smaller. The preliminary plat before you consists of three hundred lots on about 79 acres. Gave brief history of property. (See Tape) The anticipated development here will consist of houses that will range from $80,000 to $120,000. in value. The minimum here will be about 1300 sq. feet as well. There will two and three car garages throughout. Explained water and sewer system plans, and streets. Storm drainage will include some standard subsurface disposal systems but we are also working with ACHD on some alternatives. We are trying to develop more open areas for collection of storm water. The irrigation systems are currently in existence. The ditches that transport water along the east boundary to the northerly properties and also along the south boundary will both be piped. Johnson: The original plat called for the inclusion of a park. I notices that has been removed. What was your reason for removing that? Lee: Mainly the way the park was situated we felt that that park really wouldn't be a benefit to the lots owners in that development except for the ones immediately adjacent to the park. Johnson: Did eliminating the park allow you to increase the number of lots or the lot sizes? Lee: It increased the lot sizes. Johnson: When you drew this up you apparently didn't make any allowances for foot traffic to the grade school? Lee: There are a couple of easements that are indicated on the plat. We did allow for a ten foot wide easement and for access to the school. MERIDIAN PLANNING 8 ZONING DEC. 10, 1991 PAGE 7 Rountree: So these are pedestrian easements not utility. Lee: Right. Rountree: Will there be screened fenced and gated? Lee: They will be fenced off and surfaced as well. Rountree: Concerned about odd shaped lots. What's difference in number of lots to increase the street frontage? the Lee: That is a concern of ours also and we have addressed this. Rountree: Corner lots, side street lots, and lots that have a choice of frontage are becoming a problem with people wanting privacy in their back yards and not being able to fence them to meet City Ordinances. Can you give ■e the difference in lot amounts and the potential economic impact? Lee: I would estimate for every block that we have shown in here You'd probably loose a lot. Rountree: E. Meadowgrass Street your identifying as a Collector, what does that mean in terms of roadway design to you? Lee: It's a wider roadway section and the main thing is that you don't have direct access to it from these residential lots. It forces you to use your local streets for all your access to your homes. Hepper: On the R-8 what is the minimum under R-8? square footage allowed Lee: I think 6,000 sq. feet. Hepper: Is there any particular reason that these lots are down scaled in size other than to try to squeeze as many lots as Possible out of the development? Lee: It's market oriented. Hepper: Being a building, I know that a lot with 66 feet of frontage is pretty hard to get anything but a 1300 sq. ft. house on there. What's your overall density for the project? Lee: It's about 3.7 for the overall project. MERIDIAN PLANNING & ZONING DEC. 10, 1991 PAGE 8 Hepper: We've had some comments about traffic on some of these other subdivisions. It looks like you are going to have potentially over 200 houses coming onto a Collector Street all trying to access Locust Grove at 8:00 in the morning. Would it be possible to have another access to Locust Grove? Lee: We've allowed two accesses to Locust Grove already. At this time we are performing a traffic study at the request of ACHD. Rountree: You indicated there would be a well lot in this subdivision. Where is this lot located? Lee: Lot 4, Block 4. Rountree: What's the storm water drainage pattern? Lee: It basically goes from east to west. We are going to retain storm water on site and it will ultimately end up in the south slough. Explained the concept. (see tape) Hepper: Did we address whether there will be a berm out in front? Lee: There will be a berm. Along Locust Grove we plan to dedicate 33 ft. of right of way on our half of the street and we've allowed for an additional seven feet for future right of way which the City requires and in addition to the seven there is a 10— ft. wide area that will be landscaped. Rountree: What kind of a time schedule? Lee: First phase we are planning to start construction in the spring. Hepper: The Fire Department made comment about having just one access to the subdivision until the last phase is finished, would there be any other access for emergency vehicles? Lee: We could probably plan those if it is required. Crookston: The collector, ACHD won't allow access to that, right? Lee: They discourage access to a Collector. They will look at each case by case. MERIDIAN PLANNING & ZONING DEC. 10, 1991 PAGE 9 Crookston: It seems to me like I remember at least one other subdivision where they have that collector idea and people fence along it. Also then on these corner lots you have a site problem if you are going to fence those. Lee: ACRD has policies on that also. Johnson: We would like someone from the application to address the down size lots. Please come forward and be sworn. Dan Frison, 1178 Fleetwood, Boise, was sworn by the attorney. Frison: The target of this project all along has been to keep the density as low as possible and still meet the pricing demands of the market place. Gave some statistics on new homes sold in 1991. (see tape) Rountree: What's the lot got to sell for to have a reasonable profit? Frison: About 18,500. Johnson: Anyone else to testify? Bob Jones, 2183 Homer Rd., Eagle, was sworn by the attorney. Jones: Possibly I can address some of the concerns about the lot sizes that you expressed earlier. I would like to pass out for your inspection a brochure on a subdivision very similar to this that maybe address some of the lot sizes and some of the homes that will fit on them. (Jonathon Park Subd. — Boise) By varying the lot sizes it adds some, integrity to the subdivision and the marketability of it. Crookston: Are there two story homes in Jonathon Park? Jones: Yes there are. Crookston: Are you aware of the Meridian Ordinance that requires a ten foot setback on two story sides? Jones: Yes I am. Johnson: Anyone else to testify? John Barnes, 1034 Justin Place, Meridian, was sworn by the attorney. MERIDIAN PLANNING & ZONING DEC. 10, 1991 PAGE 10 Barnes: We've really put a lot of time into this development. Our market range is from $80,000 to $115,000.. In the landscaping we do plan to put a nice berm with a fence and a lighted sign. We do feel it is important that we have the zone change from the market point of view to get us in the market where we need to be. We know there are a couple of things that are going to come up and one is the traffic and we are doing a traffic study for that. Explained about impact fees being put into effect April, 1992. The other one is schools. We as developers are very concerned about schools also. We have been meeting with the School District and are working with them to try to resolve this problem. Johnson: You say we, how many people are on that committee? Barnes: 15 people on the committee. Hepper: What's the minimum square footages of the houses to be built? Barnes: We would probably say a Minimum of 1380 to 1400 sq. ft.. Hepper: What was the density before this was? Johnson: 4.6 and it is 3.7 now. Anyone else to testify? Bob Harmon, 2770 N. Ten Mile Rd., was sworn by the attorney. Harmon: I'm the Secretary for the Ada West Properties Group who is the general partner in the Meridian Place LTD, we've been working with John Barnes to get this property developed. We are excited to have a good developer like Mr. Barnes. We would like to express a positive approval for Mr. Barnes's plans. Johnson: Anyone else from the public? Dave Mortensen, 1833 S. E. 3rd Way, was sworn by the attorney. Mortensen: I would like to affirm that this subdivision be approved because I've built in Mr. Barnes's subdivisions and a lot of other developers subdivisions. The design of this one I helped on a lot, and the way the houses sit on the lots is very attractive. Johnson: Thank you. Anyone else to testify? Don Bryan, 2070 N. Locust Grove, was sworn by the attorney. MERIDIAN PLANNING & ZONING DEC. 10, 1991 PAGE 11 Bryan: Voiced concerns about drainage problems. Every hearing I've been to I keep hearing about water retention, I'm not familiar with that, but is that where they keep all the storm water there on site? Eng. Smith: I think that the drainage districts have said that they can't except water from a parcel of ground that's being developed at no higher rate than what the amount of water that runs off of that at this time. The excess amount of water has to be retained on site and disposed off or it has to be detained on site and discharged into the drainage at no greater rate than what it would normally run off in an undeveloped state. Explained what type of drainage this project will have. Bryan: Between the City and Nampa Meridian Irrigation who is responsible for deciding what goes where and how the stipulation on what goes in? Eng. Smith: The drainage district has to approve of their plans for discharge. Bryan: Also voiced concerns about increased traffic. Johnson: Thank you. Anyone else to testify? Helen Sharp, 2445 Wingate Lane, was sworn by the attorney. Sharp: I don't care what the plans look like on this project, I'm opposing this because my family moved out here to have some farm land without having houses right an top of us. We are not doing enough planning. Johnson: Anyone else from the public to testify? John Barnes: I would like to address the gentleman's concern about the drainage irrigation. We did meet with all the irrigators downstream and we have sized the pipe to handle all the inches they presently handle. We have really gone out of the way to be sure that we don't have any type of drainage problem. Johnson: If there is no one else to testify, I will close the public hearing at this time. DISCUSSION HELD ON IRRIGATION. (TAPE ON FILE) The Motion was made by Shearer and seconded by Alidjani to have the attorney prepare Findings of Fact and Conclusions of Law. MERIDIAN PLANNING & ZONING DEC. 10, 1991 PAGE 12 Rountree: Could we have discussion on this? First off I think the idea of taking the park out of the area, having a fair amount of experience with parks, is probably not a bad idea. The Collector Street into the area is a good idea, however, I would like to see access totally restricted on the Collector Street to side streets which would impact at least one building lot. Fire Department stated concerns about one access. If it is going to be phased in this fashion there should be an additional access provided. Then also the final concern is density. The Motion yy Alidjani+- The Motip - by Shearer to have the attorney prep) lr g of ac onclusions of Law containing an ado�ional two, conditions related to access into this develothat at SuLtw there is a minimum of 100 Ps dwellings 1*1 he develn 1 x, at point a second access p1 be prosy,' 1yt#r1�►Y further development'._ at,.°no access be af'lbwed on E. Meadowgrass Street as a Collector . siwr7kd impact Lot 2 of Block 5.-u. _..a�,=ter' Motfpsrdffiaf`rf*Od '�i1T`i%ea: -� No recommendation at this ti RECESS - 10 MINUTES: ITEM #7: PUBLIC HEARING: ANNEXATION & ZONING REQUEST W/PRELIMINARY PLAT BY PETERSON & CAPITAL DEVELOPMENT Johnson: I will now open the Public Hearing. Is there someone from the applicant that would like to come forward. Roy Johnson, 9390 Ustick Rd. #10, Boise, was sworn by the attorney. Johnson: What we are proposing is 143 lots on approximately 43 acres giving us a density of 3.34 per acre. We are requesting a Zone of R-4. I have a couple of questions concerning the remarks from the City Engineer. One of the comments that Gary asked is that we should include the little parcel of land from ACHD in our plat. That corner has been deeded to ACHD, we don't have any access to it so that would have to be something that would have to come from ACHD. The second item is that we need to go to the MERIDIAN PLANNING & ZONING DEC. 10, 1991 PAGE 13 center of the road, however ACHD claims the first 25 feet and they have been deeded an additional 10 feet for a total of 35 feet as part of the widening of Meridian Road. We have been talking with Gary about the location of the sewer line. Irrigation, I do not have any small irrigation lines that continue through. We have the south slough on the north side and the Creason Lateral along the west side but other than that there are no local irrigation ditches crossing through the property. I do have some lots that are less than 8,000 sq. feet and I will fix that and have it back to you before the next meeting. Regarding the plat on the roadway, Gary has asked that we have a second access to the south which would go into Meridian Manor. Certainly we would prefer not to put a roadway through there we could give it emergency access. Discussion. (See tape) Eng. Smith: Explained request for another access. My big concern is we are getting a lot of sewer lines that are running between lot lines and we've already experienced one problem in Glennfield Manor where it was set up that the sewer line was to have an access road constructed over it, a fence was to be built to separate it and what happened is they sold the lot, the lot owner went in and built everything over the sewer line and there is no access now. Discussion. (See tape) Johnson: We do have a couple of nice parks in here and we do feel like the parks are an asset. The developer will improve the park and provide the grass. Along the south slough, the requirements of Nampa Meridian are that we have 40 feet from the center line to the lot line. We have approximately 25 feet along the top which we are going to level out and also plant that area so that it is also a park setting. The other comment was that the maximum length of lots in the City is 1,000 ft. we have some problem with that. Explained. We ask for a variance on the length of the requirements. I will be happy to answer any questions. Rountree: The access to the one section you show private park, on the easterly, it looks pretty skinny for maintenance vehicles and such. Johnson: It's 10 feet wide, it is fairly adequate to get a vehicle in there. 0 December 10, 1991 1401 Shoreline Dr Mr. Jim Johnson, Chairman Planning & Zoning Commission City of Meridian Meridian, Idaho 83642 RE: Special Meeting Dear Mr. Johnson: 0 west, Boise, Idaho asiui This letter is to request a special meeting of the Meridian Planning and Zoning Commission for December 16 or December 17. It is my understanding that this request will be conditional upon the amount of testimony at the December 10 meeting and Mr. Crookston's schedule for preparing the Findings of Fact and Conclusions of Law. I make this request because it would assist us in the more timely completion of the improvements in the development. Thank you for your consideration. le ayBarnes ident JLB/ld c L,�7. 1T,VY9�� 0 0 REZONE REQUEST W/PRELIMINARY PLAT MERIDIAN PLACE LTD & PROPERTIES WEST, INC. C O M M E N T S 1: Ada County Highway Dist; See Letter Attached: 2: Central District Health: Can approve with central water & sewer: 3: Nampa Meridian Irrigation: Nothing received as yet: 4: City Enginner: See attached comments: 5: U.S.West: Need necessary easements: 6: Police Dept: No objections: 7: Fire Department: It will be a long time before we have a second egress/ ingress if they build phase phase 1 thru phase 8: City needs to slow down hard for Fire Department to keep up: 8: Sewer Dept: Will be included with Engineers comments: 9: Public Hearing held December 10, 1991 before the Planning & Zoning Commission, Findings to be Made: 10: At Planning & Zoning Meeting held January 14, 1992 Finding were approved with the additional condition that the minimum square footage of the housing units as specified in the testimony be 1400 square feet: Commission recommended the request be approved as well as the preliminary plat: (COPY OF FINDINGS ATTACHED) Ill: NAMPA MERIDIAN IRRIGATION COMMENTS NOW ATTACHED: c&V4 GLENN J. RHODES, President CHARLES L. WINDER, Vice President JAMES E, BRUCE, Secretary City of Meridian 33 E Idaho Meridian ID 83642 Re: TRACT SUBDIVISION 0 November 22, 1991 We have received your transmittal regarding Tract Subdivision and have tabled this item pending receipt of a traffic study and analysis of the drain- age system. We do not have adequate information at this time to allow a thorough analysis of the engineering and transportation elements. We will reschedule the item and take official action upon receipt and approval of an acceptable traffic study and notify you of our conditions of approval shortly thereafter. I can be reached at 345-7662, if you have any questions. ADA COUNTY HIGHWW/AY DISTRICT F. Patrick Dobie, P.E. Development Services Supervisor PD / ev cc: Development Services Chron Properties West, Inc. J -U -B Engineers, Inc. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 RE: TRACT SUBDIVISION (Barnes/Harmon Property) "Preliminary Plat- one Change -Variance" FROM: Gary Smith, PEt�t,�/J___,> COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER MAX YERRINGTON Chairman Zoning a Planning JIMJOHNSON The following comments result from a review by the Meridian City Public Works Department. A. WATER: 1. Water service should be available from Locust Grove Road where E. Meadow Grass Street exits Chateau Meadows East No. 6 Subdivsion. This assumes Chateau Meadows East No.6 is completed prior to the beginning of this subdivision. 2. Valving for system control and the developers phasing is being transmitted to Engineer Lee. 3. Fire hydrant locations are adequate with only minor relocations. 4. A 10 inch diameter main will be extended in the road- way paralleling, as nearly as possible, the west subdivision boundary. This complies with our policy of constructing main lines on a one-half mile grid. 5. When Phase IV of this subdivision is built it will be necessary to extend a 10 inch diameter line through th e proposed Meridian Place No.3 Subdivision to connect with the existing main line in Meridian Place No.2. B. SEWER: 1. Sewer service for the south 40 (+/-) acres of this project will be built by this developer from the existing Meridian Place No.2 Subdivision through the proposed Meridian PLace No.3 Subdivision (Ewing Property). The developer will need to provide a 20 foot wide permanent sanitary sewer ease- ment and gravel access to the City of Meridian for this off- site length of sewer line.gnd that length extending to Phase I. 2. Sewer service for the north 40 (+/-) acres will come from an extension of the 18 inch diameter South Slough sewer. A portion of this South Slough sewer will need to be built along East Hawk Street and North Mule Deer Way for future extension along the South Slough. • HUB OF TREASURE VALLEY • A Good Place to Live OFFICIALS JAClerk CITY OF MERIDIAN NICE GASS,TCIty JANICE GASS. Treasurer BRUCE D. STUART, Water Worke Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO EARL WARD, Waate Water Supt. MERIDIAN, IDAHO 83642 KENNY BOWERS. Fire Chief BILL GORDON, Police Chief Phone (208) 888-4433 GARY SMITH, City Engineer FAX (208) 8874813 GRANT P. KINGSFORD Mayor MEMORANDUM December 6, 1991 TO: MAYOR, COUNCIL, PLANNING & ZONING RE: TRACT SUBDIVISION (Barnes/Harmon Property) "Preliminary Plat- one Change -Variance" FROM: Gary Smith, PEt�t,�/J___,> COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER MAX YERRINGTON Chairman Zoning a Planning JIMJOHNSON The following comments result from a review by the Meridian City Public Works Department. A. WATER: 1. Water service should be available from Locust Grove Road where E. Meadow Grass Street exits Chateau Meadows East No. 6 Subdivsion. This assumes Chateau Meadows East No.6 is completed prior to the beginning of this subdivision. 2. Valving for system control and the developers phasing is being transmitted to Engineer Lee. 3. Fire hydrant locations are adequate with only minor relocations. 4. A 10 inch diameter main will be extended in the road- way paralleling, as nearly as possible, the west subdivision boundary. This complies with our policy of constructing main lines on a one-half mile grid. 5. When Phase IV of this subdivision is built it will be necessary to extend a 10 inch diameter line through th e proposed Meridian Place No.3 Subdivision to connect with the existing main line in Meridian Place No.2. B. SEWER: 1. Sewer service for the south 40 (+/-) acres of this project will be built by this developer from the existing Meridian Place No.2 Subdivision through the proposed Meridian PLace No.3 Subdivision (Ewing Property). The developer will need to provide a 20 foot wide permanent sanitary sewer ease- ment and gravel access to the City of Meridian for this off- site length of sewer line.gnd that length extending to Phase I. 2. Sewer service for the north 40 (+/-) acres will come from an extension of the 18 inch diameter South Slough sewer. A portion of this South Slough sewer will need to be built along East Hawk Street and North Mule Deer Way for future extension along the South Slough. 0 0 TRACT SUBDIVISION (Cont'd) Page 2 3. The sewer lateral crossing from North Bobcat Way to North Goldeneye Way needs more study to keep the sewer line in the road right of way. If not, special construction techniques will be necessary on the surface and below. C. PLAT: 1. Irrigation: The piping of the lengths of irrigation ditch in the various phases should be coordinated with the affected ditch users. A downstream ditch user is concerned that the future lot owners know they are responsible to main- tain the length of pipe crossing their property. Perhaps a note on the plat to this effect would be appropriate. 2. Grade School Access: One or two between lot walkway access points should be provided from East Hunter Drive. 3. Street Lights: The lights shown on the plat appear to meet our spacing requirements. 4. Lots: The size of the proposed lots and their street frontages appear to meet the requirements for the requested R-8 zone. 5. Pressurized Irrigation: Mayor Kingsford asked me and Councilman Tolsma to investigate possible alternatives to the present ordinance requirements. I have gathered some in- formation and transmitted this to Councilman Tolsma for his review. At this time we have not formed any opinions concern- ing any alternatives. It is obvious that maintenance of a system utilizing ditch water, by a homeowners group, can be a problem. It appears to me that this is the major concern of the developers along with the cost. 6. Road Right of Way: In accordance with present policies of the City of Meridian Transportation Committee, develop- ments adjacent to section line roads shall make appropriate provisions for an 80 foot wide public road right of way. North Locust Grove Road is a section line road. v �y %L yO Cyi Iy' I l�J LH Gn �C zq 3 3 O H C� H Iry fGO' dj H t" [s� Cyi7� 3 $ y O �� �d� y� �ro 5~e f] N tizcr-cad ' °r z 3 N HG �r H (n Ica[ H ro r � � M _ H 0 0 9 n O n y to w Y• o n G c Y• K n O m ro 0 ro9•- �•sco w Co c 1►Fp�l y ray r, •O Y. Y• Y• o' w w tf rt R •s _b � ; �i r r qw .-goo n n n rr•�m C'w 1p H m `C: w Y• Y. 9 I V1 Y+ VI R m m Z l0 G7 3 m T n b b r-� O I r [n m w ,^• in N r 4 7 E Y• w w ro N 5 — o y w h`' Y• O F' r I� 5 a O 03-0 N Q = m ~ � C9 • [+] Y• •. 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M O y oo O Y• lilt N £ C R E d `4 a O Oo •1 O n m m Y•v i R o v 1•� �• y •S 0.N C f° w m I oS •S Ly .T�Z C7 Y• m g 7 •t ryJ H CWiI H FCC Li rrl '.i7 n w• m M ai 4 H 8 m w m A �3p7 w m m R 14 •'i G Ct: m rt rt H •9 H Owo w w o' m Y• REn -• n H. z En 1 �rMil m Y• Y• m o ao I o n o IH•I R 7 n w n O n R 4 p Ry m m b n rt o 1-1 o o o - m �jlj'�'� 'yP� w V a o m o n 3C "" m c H� O N 7 Z O rt 0 7 w a(D N m w lb 7 fmi 3 vn.4m C •S rr•.0 En [5A hl W- 1 .w •C U1 rt m Y• z ••3 rt N N g m Z Vi Cr o m LY CS' Oa r troy I'•I w ro CJ R a R R O H w m y by Q( N •• (}'�( m a+ m n O- n " LL�J V rM 9 O n yw 4m G 10ro H l..i O `t H Y• n 7" w a' OG r q n a w C O+ M H ro o r Ti H •�S ro 1 m 0 •„ w � H t4 w m o m l 00 E m zO tt� O w O H I•• Q, Cl 5 rZ. 1. 2. 3. 4. 5. CENTRAL DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET _ Rezone # _ Conditional Use # Preliminazy/Final/Sho Plat We have no objections to this proposal. We recommend denial of this proposal. t %par77,�3 411 Return to: _ Boise Eagle Meridian _ Kuri ACZ Specific knowledge as to the exact type of use qust_be Rrovided before we can camment on this proposal We will require more data concerning soil conditions on this proposal before we can cament. We will require more data concerning the depth of (high seasonal ground water)(solid lava) fran original grade before we can cament concerning individual sewage disposal. We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7, / We can approve this proposal for: r/'�entral sewage Interim sewage Individual sewage _ CCMMMtY sewage system and _✓Central water _Individual water _ Camunity water well. 8. Plans for ✓Central sewage Camunity sewage system Sewage dry lines, and L(entral water Co minty water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9, c/ Street runoff is not to create a mosquito breeding problem. 10. _ This department would recrnnend 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 H -ST be installed to meet Idaho State Sewage Regulations. 12, _ We will require plans be submitted for a plan review for any (food establisMnent)(beverage establishment)(swimmdng pools or spas)(grocery store). 13. Ay! 1 Zl Reviewed by Date zq C3s� �gg+7 yA z yz y ~ 0 q Cal ~ d U1 2 q om .L •�.".'� fy �' p ED ~ 3 3 y T� H Cr1j N UI h] H q City � H r K � H L ro r rK v cHrHH b3 pp N N o H H h7 Oz N M O H 13H ~ roro,, b � v z �HH O ryrop a• t' r O rmryyy r 3 ~ H. C�7 Y tv H H t• H O H r H 0 O r 0 r r � H • m y 4 [O+J 3 �7 r w r r o � � y r cn .t 4 [O+J 3 �7 r w r r � � r k 4 [O+J 3 �7 r w r r cn co E (D H 0 CD -0 cr E r� r r H 7 0 r c CL CD CL n 0 B E3 CD ct Ct N cti c• m 7 r• CD CD CD H N I •• m z O f N N CD AN r H m m r r O o d y O 8 C H n V" H � r z C N N � H Q n r� � ro H 3 4 ro R+ H (] 3 Y a+ ro O H �i ro v H 3 H O zbH Cr" q H cn co E (D H 0 CD -0 cr E r� r r H 7 0 r c CL CD CL n 0 B E3 CD ct Ct N cti c• m 7 r• CD CD CD H N I •• m z O f N N CD AN r H m m r r o d y O 8 H n V" H � r C N N � H Q n r� � cn co E (D H 0 CD -0 cr E r� r r H 7 0 r c CL CD CL n 0 B E3 CD ct Ct N cti c• m 7 r• CD CD CD H N I •• m z O f N N CD AN r H m m i II i 4 3 v1 4 4 ra 3 0 a L'. N rZ ~ W H � r i II i 4 3 v1 4 4 ra 3 0 a L'. N rZ SAIVISION EVALUATION STET Proposed Development Name TRACT SUB City MERIDIAN Date Reviewed 11/21/91 Preliminary Stage KR%7000K Final Engineer/Developer J -U -B Engr./Meridian Place Ltd &Prop W Date Sent The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per th re uirem n s q e I AH STATE E. TRACT SUBDIVISION-bil'n9u0 Date /1 Z The Street name co ants listed belovr a e� de by the members 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 existing street names shall appear on the plat as: "NORTH LOCUST GROVE ROAD" M "EAST MEADOW GRASS DRIVE" The following new street names are approved and shall appear on the plat as: "NORTH VALMET PLACE" "NORTH VALMET AVENUE" "EAST HUNTER DRIVE" "N. ARCHERY WAY" "NORTH SHOVELER WAY" "N. ELK COVE WAY" "NORTH BOBCAT WAY" "NORTH BLACK BEAR WAY" "NORTH SNOW GOOSE WAY" "N. CARIBOU WAY" "EAST GROUSE DRIVE" "EAST COUGAR STREET" "N. MULE DEER WAY" "EAST MOOSE STREET" "N. WOLVERINE AVENUE" "EAST HAWK STREET" "NORTH GOLDENEYE WAY" "EAST SAGE HEN STREET" "N. WHITE TAIL PLACE" 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 COMMITTI Ada County Engineer John Priester Ada Planning Assoc Meridian Fire Dept Terri Raynor Representative OR DESIGNEES Date / Z/ Date I ► 21 I Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index Map j (�/ NUMBERING OF LOTS AND BLOCKS /S fit, /-7/ S IlLLc i1?✓+ew a�r� �/�v TWT Sl DMS ION VICINITY,: MAP SCALE, I'f' 6001 E. USTICK RD. --��aia/xrE O j�WHEEL INN\\ II II II li 'XtAOMI MwrioR I �i it `\\ J L i I FUTURE MER I OIA N PLACE III Le MERIDIAN PLAC CHIEF JOSEPH SCHOOL GE M UUT PARK II NMI o it i ui U O � J ,aw PROJECT SITE FUTURE CHATE MEADOWS SUI E. FAIRVIEW AVE. AMBROSE, FITZGERALD &CROOKSTON Ahorneys and Counselors P.O. Box 627 Meridian, Idaho 83612 Telephone BBS- l 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the city of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on December 10, 1991, for the purpose of reviewing and considering the Application of MERIDIAN PLACE LIMITED, a General Partnership, and Property West, Inc., joint applicants, for a rezone of the South 1/2 Northeast 1/4, Section 6, Township 3 North, Range i East, Boise, Meridian, Ada County, Idaho, from (R-4) Residential to (R-8) Residential. The above property is generally located North of Chateau Drive and West of Locust Grove, Meridian, Idaho. FURTHER, Applicants request a variance from the Meridian Ordinance requiring pressurized irrigation systems. NOTICE IS HEREBY FURTHER GIVEN that the Applicants further request a preliminary plat of the above property for 79 single- family dwelling lots, and hearing shall be had on said request at the same place, date and hour. A more particular legal description is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment is welcome a d will be taken and heard. DATED thi��— day of % ��� 1991. �g I l l l l l l i l l l l l l l l le�yy l i l�1 l l l l l l l l roro � r, En x G H i r r H H y E n ea O H SH O ;.n O In z Z Z H G7 H y H Z Fr y:j a• a+ ro r CIn ro rZy�i H ro b7 � t" �• z � ro IP4 H HO v •O p Ul N K H En HO y H C�] ed H H H r yz O O y � ��C •��p � O��n .'per. " b [+7 A � R7 O •� Cfl Cpl ro V�j��� y O� rr ro� 2 0 'brAJ-U-B ENGINEERS, INC. 250 South Beechwood Avenue, Suite I • Boise, Idaho 83709 • Telephone (208) 3767330 November 14, 1991 Mr. Jack H. Niemann City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 Re: TRACT SUBDIVISION (Harmon Property) Properties West, Inc. Dear Mr. Niemann: Enclosed for your review and processing are the necessary documents as established by the City of Meridian Ordinances for Annexation/Zoning; Preliminary Plat and Variance Applications for the above proposed subdivision. As stipulated by said ordinance, please find enclosed the following: 1. 30 copies of the Application For Re -Zone from R-4 to R-8. 2. 30 copies of the Request for Subdivision Approval, Preliminary Plat Application. 3. 30 copies of the Variance Application. 4. 30 copies of Preliminary Plat, 24" x 36", at a scale of 1" = 100'. 5. 30 copies of a reduced Preliminary Plat, 11" x 17". 6. 30 copies of a Vicinity Map, 11" x 27", at a scale of 1" = 600'. 7. Four copies of a Conceptual Engineering Plan, 24" x 36". 8. One copy of a written legal description of the subject property. 9. A Property Owners List within 300 feet of the Hannon Property. 10. A check in the amount of $3,334.51 for the application fee. ($300 + $10/lot*301 lots + $1.29/name * 19 names) J -U -B ENGINEERS. INC. 250 South SeechwooG Avenue, Suite I — eots% Idaho 830 Mr. Jack H. Niemann November 14, 1991 Page 2 Please review the enclosed information and schedule a Public Hearing for the December Planning & Zoning Meeting. If you require additional information, please call. Sincerely, J -U -B ENGINEERS, Inc. Ga�Lee, P.E./L.S. Project No. 18250-05 GAL:ls cc: Jon Barnes, Properties West, Inc. J -U-S ENGINEERS. IN 4 250 south Beechwood Avenue. same I — Boie9. Idaho Project: 18250 Date: November 13, 1991 DESCRIPTION FOR PROPERTIES WEST, INC. PROPOSED TRACT SUB A PORTION OF THE NE 1/4, SECTION 6 T.3N., R.lE., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the NE 1/4, Section 6, T.3N., R.1E., B.M., Meridian, Ada County, and more particularly described as follows: Beginning at a brass cap marking the Southeast corner of the NE 1/4 of said Section 6, said point being the REAL POINT OF BEGINNING; thence South 89041152" West 2646.23 feet along the Southerly boundary of said NE 1/4 to a 1 1/2" pipe marking the Southwest corner of said NE 1/4; thence North 0°20'01" East 1313.87 feet along the Westerly boundary of said NE 1/4 to a point; thence North 89057136" East 2647.85 feet to a point on the Easterly boundary of said NE 1/4, said boundary being also the centerline of North Locust Grove Road; thence South 0°24'35" West 1301.77 feet along said boundary and centerline to the point of beginning, comprising 79.0 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above described parcel of land. JTE/MAB:mp Prepared by: J -U -B ENGINEERS, Inc. �SSTE,gE G��e WCDPo 9TFor���� T. John T. Eddy, P.L.S. 0 TRACT SUBDMSION List of Owner's within 300 feet 51106212410 Helen V. Davis 585 E. Ustick 888-2015 Meridian, ID 83642 51106242990 Ewing Company, Inc. 1500 Eldorado 377-1500 Boise, ID 83704 51106314810 Raleigh & Dieuw Hawe 530 Blue Heron Ln. 888-5569 Meridian, ID 83642 S1106120700 Neil S. & Ruth G. Borup 1135 E. Ustick 888-2070 Meridian, ID 83642 S1106121190 Leon Meyer et al Earl L. Harmon P.O. Box 7727 Boise, ID 83707 51106110595 Shirley Mae Brown Jack C. Riddlemoser 2795 N. Locust Grove 888-2343 Meridian, ID 83642 S1106110475 Jack C. & Jacqueline A. Riddlemoser P.O. Box 373 888-2343 Meridian, ID 83642 51105223300 John T. Wilder et ux 837 E. State Eagle, ID 83616 S1105223500 Glen D. & Jeannette E. Baird Glenn Saxton 7253 Cascade 376-7607 Boise, ID 83704 51105233600 Shannon Maureen Aguirre 2770 N. Locust Grove Meridian, ID 83642 S1105233620 E.E. & Virginia K. Brinegar 1639 Conant Ave. Burley, ID 83318 S1105233840 W. Edward & Bonnie E Griffith 2680 N. Locust Grove 888-1068 Meridian, ID 83642 51105233780 VIP Farms 303 W. Pine Meridian, ID 83642 51105234110 Leonard A. & Floy P. Stucker 2490 N. Locust Grove 888-6860 Meridian, ID 83642 51105233900 Lee R. Stucker Leonard Stucker 2490 N. Locust Grove 888-6860 Meridian, ID 83642 S1105325420 Willard A. Stucker et al Trustees Att. Leonard A. Stucker 2490 N. Locust Grove 888-6860 Meridian, ID 83642 85672680060 Joint School District #2 Ada & Canyon 911 Meridian Meridian, ID 83642 85672680010 Ray W. & Sara L. Ewing and John R. Ewing 2230 E. Fairview 888-2165 Meridian, ID 83642 81384220040 Interwest Development Corp. 81384220050 3350 Americana Terrace 385-0558 R1384220140 Suite 200 81 384220 1 50 Boise, ID 83706 R1384220160 81384220170 81384200180 81384220190 OPTION and AGREEMENT TO SELL/PURCHASE REAL PROPERTY This Agreement made and entered into this �` day of October, 1991, is by and between Meridian Place Ltd., A Limited Partnership, hereinafter referred to as "Seller -Optionor" and Properties West, Inc., an Idaho Corporation, hereinafter referred to as "Buyer- Optionee". WITNESSETH: WHEREAS, Seller -Optionor is the owner of that certain parcel of real property known commonly as Meridian Place, an Eighty Acre Parcel, which real property is more particularly described as: "The South half of the Northeast Quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, except that portion lying within Locust Grove Right -of -Way." hereinafter referred to in total as the "Premises"; and c° WHEREAS, Buyer-Optionee is in the business of purchasing and developing parcels of real property into residential lot subdivisions, hereinafter referred to as "Development"; and WHEREAS, Seller -Optionor desires to sell the Premises to Buyer-Optionee and Buyer-Optionee desires to purchase the Premises from Seller -Optionor for development purposes, NOW THEREFORE, in consideration of payment made by Buyer- Optionee to Seller -Optionor at the closing of the sale/purchase, together with other good and valuable consideration, the parties agree as follows: Option to Sell/Purchase of Real Property: This Option to Sell/Purchase Agreement will be treated in two parts. Subject to all of the remaining terms and conditions set forth herein, Seller - optionor hereby agrees to sell, convey and transfer all of its right, title and interest in and to a portion of the Premises, which parts are more particularly described as: "PART I" will deal with 40 acres, more or less, in the southerly half of the above described Premises, more particularly described as: "The South half of the South half of the Northeast Quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more or less, except that portion lying within the Locust Grove Right - of -Way" hereinafter referred to as the "South 40" O "PART II" will deal with 40 acres, more or less, in the Northerly half of the above described Premises, more particularly OPTION and AGREWE`7 TO SELUMICHASE REAL PROPERTY PAGE 1 r� u described as: 0 "The North half of the South half of the Northeast Quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more or less, except that portion lying within Locust Grove Right-of- way" hereinafter referred to as the "North 40" PART I - SOUTH 40 Purchase Price and Terms: The total Durchase price for the South 40 shall be payable as follows: At the signing of this agreement the Buyer-Optionee will remit as option money for the Seller -Optionor to withdraw the South 40 from the market. Buyer-Optionee may exercise its option for this parcel on or before March 01, 1992. If exercised, Buyer-Optionee must initially acquire a minimum of ten (10) acres bordering Locust Grove Road. Seller -Optionor will deliver proper deed for the said ten acres (or additional acres purchased). Upon the exercise of the option to acquire the South 40, and the acquisition of the minimum acreage as set forth above, the remaining balance due and the terms and conditions of sale -purchase shall be controlled by this agreement as a contract of sale - purchase. interest on the remaining balance of the total purchase vrice less option money paid and amount paid for first parcel purchased) shall accrue at a per annum rate of nine percent (9g). Said interest to begin on the date of closing on the first parcel. The remaining balance (and any accrued interest at that time) shall then be fully paid on or before March 01, 1995. Any prepayment by Buyer- Optionee shall be without penalty or prepayment cost and may be a partial principal payment or a full payment of the remaining principal balance as Buyer-Optionee may elect. All payments made by Buyer-Optionee toward the purchase agreement of the South 40 shall be applied first toward interest acc:led and balance of payment toward principal. Interest payments shall be made on December 28 (or the closest banking date before December 28) of each year. Failure to make interest payments causes Buyer-Optionee to be in default. Buyer-Optionee shall receive full credit for the option mor.`_es paid to Seller -Optionor against the contract sales price upon delivery of option money to Seller -Opti -ion -or; however, for purpose of free and clear acreage release, the option money shall not apply until the end of the contract period. OPTION- and AGREENIE\'T TO SELL'PLRCEASE REAL PROPERTY PAGE 2 Also included with the sale/purchase of the South 40 shall be all water rights, ditch rights appurtenant to the South 40 whether evidenced by share certificates, irrigation district richts or other deeds or documents of conveyance and all subsurface or mineral rights. Should the Buyer-Optionee fail to exercise it,s option to purchase ten or more acres of the South 40 on or before March 01, 1992, this agreement shall terminate and the Seller -Optionor retains the option money (subject to the Covenants Concerning Hazardous Materials). Closing Terms and Conditions: Pioneer Title Company of Ada County shall act as the closing agent (hereinafter referred to as "Pioneer") for this entire transaction. The closing of the sale/purchase of the South 40 shall proceed in the following fashion: Buyer-Optionee shall deliver to Pioneer option money at the signing of this agreement and Pioneer shall deliver a commitment for title insurance (hereinafter referred to as "commitment") to Buyer-Optionee. Pioneer will hold the option money for Seller -Optionor until November 01, 1991, or the date of exercising the option to purchase if said option is exercised prior to November 01, 1991 whichever comes first, during which time the Buyer-Optionee shall have the opportunity to perform an environmental impact study of the Premises (entire 80 acres) to determine any pre-existing hazardous waste concern. Submission of such a report, by a certified investigator, documenting such pre-existing hazardous waste concern must be received by Seller -0ptionor prior to Nov 01, 1991, or the date of exercising the option to purchase if said option is exercised prior to November 01, 1991 whichever comes first, in order for Buyer-optionee to void this agreement and receive the option money back. Failure by Buyer-Optionee to provide such report will acknowledge the Buyer-Optionee acceptance of Premises as is (This is further explained in "Covenants Concerning Hazardous Materials" under General Conditions). At time of signing this agreement seller -Opticncr will deliver to Pioneer acod and sufficient warranty deeds to the South 40, which deeds shall convey marketable title to be held in escrow by Pioneer for deed out as principal payments are received as stated in this agreement. Upon exercising the option to purchase South 40 Pioneer shall cause a title policy to be issued insuring Buyer- OptioneeIs title to South 40 subject only to the title exceptions allowed in this agreement. The cost of this policy shall be the scle and separate cost of the Seller -Optionor. Pioneer shall issue closing statements and make appropriate OPTION and AGRELMENT TO SELL(PURCHASE REAL PROPERTY PAGE 3 0 0 disbursements, including prorations for real estate taxes and irrigation assessments. and recording costs shall be shared The fee of the closing agent equally by both parties. After the first ten acres are purchased as set forth above, Buyer Optionee may only receive deeds in five acre parcels or more. Each time Buyer-Optionee remits principal payment of or more toward the contract, as agreed above, Buyer-Optionee will request from Pioneer a release of the appropriate acreage paid for and Pioneer shall then prepare a warranty deed for the portion to be released, and Pioneer shall cause the deed to be recorded. Pioneer shall also issue a supplemental cl-osing statement to evidence receipt and payment. This process shall be used for the remaining 'Land in the South 40. Seller -Optionor and Buyer-Optionee agree to share equally Pioneer's closing fee for each phase or acreage release. Taxes and Assessments: Seller -Optionor warrants that all real estate taxes and irrigation assessments for all years 1990 and ully paid on the South 40. Pioneer shall prorate preceding are f real estate taxes and assessments to the date of exercising the option on the South 40 based upon the most recent assessments. Buyer-Optionee shall pay before delinquency all real estate taxes and exert r ga the optionsonnts on the the South 40South 40 from the date of forward. Fulfillment: All conditions of this Agreement must be fulfilled as stated in Part I, including full payment of the contract of sale for the South 40, prior to exercising the option to purchase the North 40 as agreed in Part II of this Agreement. PART II - NORTH 40 Seller- tioor tioee an tion purchase then nNorth 40 eunderathe followrants to ing-oermsnand conditions.t Also included with this option to purchase the North 40 shall be all water rights, ditch rights appurtenant to the North 40 whether irrigation district rights or evidenced by share certificates, conveyance and all subsurface or other deeds or documents of mineral rights. This option shall be granted for three successive option periods of one year each, which yearly periods are: a. March 01, 1992 to February 28, 1993 March 01, '993 to February 28, 1994 c. March 01, 1994 to February 28, 1995 Opt'_on Price and Terms of Option Purchase: Buyer-Optionee shall pay to Seller -Optionor for the grant of the option on the North 40 OPTION and AGREEYEENT TO SELL/PLRCELkSE REAL. PROPERTY PAGE 4 0 0 the cash sum of for each yearly period according to the following terms: Each option payment shall be due on or before March 01 of the option period beginning with March 01, 1992. The failure to make an option payment in a timely fashion shall result in a loss of any right to purchase the North 40 and shall allow the Seller-Ontionor the full and unrestricted right to sell the North 40 to any third party. If Buyer-Optionee does not exercise its option to purchase as indicated in this Agreement, each option payment received shall be retained in full and be considered Seller-Optionor's bargained consideration to compensate Seller -Optionor for the loss of the right to otherwise sell or dispose of the North 40 for the stated period of the option. If Buyer-Optionee elects to exercise its option to purchase the North 40, the purchase and sale price for North 40 shall be based on the following "Purchase Periods": 1. If exercised prior to March 01, 1992 the purchase/sales price shall be per acre). 2. If exercised between Mar 01, 1992 and August 31, 1992, the purchase/sales price shall be (increase of 2.5%) 3. If exercised between September 01, 1992 and February 28, 1993, the purchase/sales price shall be (increase of 5%) 4. If exercised between March 01, 1993 and August 31, 1993, the purchase/sales price shall be (increase of 7.5%) 5. If exercised between September 01, 1993 and February 28, 1994, the purchase/sales price shall be (increase of 10%) 6. If exercised between March 01, 1994 and August 31, 1994, the purchase/sales price shall be (increase of 12.5%) 7. If exercised between September 01, 1994 and February 28, 1995, the purchase/sales price shall be (increase of 15%) During whichever Purchase Period the Buyer-Optionee elects to exercise the option on the North 40 will establish the price for the contract of sale according to the above agreed upon scale. Exercise of Option and C'_osing Process: In order to exercise the option to purchase the North 40, Buyer-Optionee shall proceed as follows: Within the Purchase Period during which the option is still valid, Buyer-Opcionee shall pay a minimum of to exercise said option, at which time this agreement becomes a contract of sale. All option money paid by Buyer-Optionee and all additional sums paid for acres acquired upon exercise shall be credited to the OPTION'and AGREEMENT TO SELL/PL-RCHASE REAL PROPERTY PAGE 5 0 sale -purchase price for computing a balance due, but the option money paid shall not apply to a release of acres until the end of the contract. The balance of the sale/purchase price shall be paid as follows: Interest on the remaining balance of the total purchase price (Purchase price less option money paid and amount credited toward principal) shall accrue at a per annum rate of nine percent (9%*). Said interest to begin on the date option is exercised on the North 40. The remaining balance (and any acc=ed interest at that time) shall then be fully paid at the expiration of three (3) years from the date option is exercised on the North 40 as the Buyer-Optionee alone may elect. Any prepayment by Buyer-Optionee shall be without penalty or prepayment cost and may be a partial principal payment or a full payment of the remaining principal balance as Buyer- Optionee may elect. All payments made by Buyer-Optionee toward the purchase agreement of the North 40 shall be applied first toward interest accrued and balance of payment toward principal. Principal payments equal to one -fortieth (1/40) of the total purchase price, as defined in Purchase Periods above, will receive deed out privileges equal to one acre for each one -fortieth (1/40) of the total purchase price with a minimum of five acres purchased at a time. Additional interest accrued payments shall be made on December 28 (or the closest banking date before December 28) of each year. Failure to make interest payment causes Buyer- Opt ionee to be in default. At time of signing this agreement Seller -Optionor will deliver to Pioneer good and sufficient warranty deeds to the North 40, which deeds shall convey marketable title to be held in escrow by Pioneer for deed out in five acre parcels or more as principal payments are received as stated in this agreement. Taxes and Assessments: Seller -Optionor warrants that all real estate taxes and irrigation assessments for all years prior to exercising the option on the North 40 shall be fully paid by the Seller -Optionor. Pioneer will prorate real estate taxes and assessments at time of exercising the option on the North 40 based upon the most recent assessments. Buyer-Optionee shall pay before delinquency all real estate taxes and'irrigation assessments on the North 40 from the date of exercising the -option forward. upon exercising the option to purchase North 40 Pioneer shall cause a title policy to be issued insuring Buyer-Optionee's title to the North 40 subject only to the title exceptions allowed in this agreement. The cost of this policy shall be the sole and separate cost of the Seiler -Optionor. OPTION and AGREEMENT TO SELL?LRCEIASE REAL PROPERTY PAGE 6 0 0 Pioneer shall issue closing statements and make appropriate for real estate_ taxes and -_gation disbursements and prorations assessments. The fee of the closing agent and recording costs shall be shared equally by both parties. GENERAL CONDITIONS Due Diligence: Buyer-Optionee shall be granted a period of time from signing of this agreement to March 01, 1992, to do "due diligence" on the development of the South 40. During this period, Buyer-Optionee shall cause a survey to be prepared and shall further cause a "phasing" plan of development, and may cause the entire South 40 or a "phase" of the South 40 to be platted by appropriate process to and through the appropriate county or city agencies. During the period of due diligence, Buyer-Optionee shall describe by surveyed phase (or platted lots if platting is complete) the part(s) of the South 40 that Buyer-Optionee shall require Pioneer to release from escrow using the formula established for the South 40 and the North 40 in this agreement. If, as a result of Buyer-Optionee's due diligence efforts, Buyer- Optionee is unable to obtain necessary permits or authorizations from appropriate entities to develop the premises according to the Buyer-Optionee's plans or in an otherwise successful plan (as Buyer-Optionee alone shall determine), then Buyer shall not be obligated to pay additional sums due Seller -Optionor. If Buyer- Optionee elects to do this, all option monies and monies paid for the South 40 and/or the North 40 shall be retained by Seller - Optionor. If a decision not to proceed is made, Buyer-Optionee shall execute and deliver to Pioneer a notice of termination of agreement and instruct Pioneer to return all documents to Seller - Optionor. Development Cooperation: Seller -Optionor understands that the purchase of the premises is for residential development and that Buyer-Optionee shall require Seller-Optionor's cooperation and assistance throughout the process of platting. Seller -Optionor covenants to Buyer-Optionee that Seller -Optionor shall cooperate_ with and use all reasonable and good faith efforts to assist Buyer- Optionee in obtaining preliminary and final plat approval including, but not limited to, joining in the execution of any plat and/or the execution of any instrument dedicating to public use any tract(s), rights-of-way, drainage easements, waterways or similar public utilities or facilities as may be necessary to meet Buyer- Optionee's plan for development. However, in meeting this covenant of cooperation and good faith assistance, Seller -Optionor shall not be required to pay any of the costs or expenses incurred in the development or platting process, includ'ac, but not limited to, engineering, soil testing, designing, 'landscape or lot planning, filing or recording costs. OPTION and AGREEl4ENT TO SELL/PL-RCEASE REAL PROPERTY PAGE 7 0 0 Seller -Optionor understands that the Buyer-Optionee intends to undertake these development steps during the "due diligence" period and hopes to complete all steps by the end of that per-od. However, the steps may not be completed by that date and continued cooperation beyond March 01, 1992 may be required. Buyer-Optionee agrees to indemnify and hold Seller -Optionor harmless from any cost, expense or claim arising from the development process. Additionally, Buyer-optionee shall not allow any lien or encumbrance to be filed against the premises outside of the portion purchased and deeded to buyer-Optionee. Buyer-Optionee can not develop beyond the portion purchased and deeded to Buyer-Optionee, except that Seller -Optionor understands and consents to allow the construction of sewer trunk line from the West end of, and through, the South 40 to serve the first phase of development. Encroachment: It is understood is this agreement that the South 40 and the North 40 are identified as two rectangular parcels, and this agreement intends for those parcels to be sold/purchased as defined by this agreement. However, as further cooperation by Seller -Optionor to Buyer-Optionee, it is agreed that the platting may �- re ire encroachment from the South 40 parcel to include some ground from the North 40 parcel. This encroachment shall not exceed 250 feet North of the South 40's northerly boundary, and shall be offset by Seller -Optionor retaining like amount of ground South of the North 40's Southerly border. Title and Title Insurance: Seller -Optionor shall deposit warranty deeds to the Premises with Pioneer at the time of signing this agreement and shall warrant that title is marketable and free and clear of all liens, encumbrances or defects, except real estate taxes for the year 1991, irrigation assessments for the year 1991 and those easements of record (instrument numbers 9023019, 9023020 and 9023022 in favor of Idaho Power Company). Additionally, title currently reflects two mortgages are of record in favor of Idaho Bank & Trust Co. (now Key Bank) as instrument numbers 8249204 and 8405573, encumbering the Premises and other properties not subject to this Agreement. As a part of signing of this Agreement, Seller- Optionor shall cause one of the following to occur: a The Key Bank mortgages shall be released of record, as against`the.South 40, or b Key sank shall provide Buyer -Opt ionee with a letter stating that Key Bank will release its mortgage (as against the South'40) when Seller -Optionor pays Key Bank a sum certain at the closing (not later than March 01, 1992), which sum shall be less than the amount Buyer-Optionee intends to pay for the release of phase one, and Seller -Optionor authorizes Pioneer to pay that sum directly to Key Bank in exchange for a satisfaction of these mortgages as to OPTION and AGREnIEN T TO SELUPURCE ASE REAL PROPERTY PAGE 8 0 0 the South 40, and any payment to Key Bank by Pioneer shall be a credit on sums due Seller -Optionor. At time of exercising of option on South 40 (Part I), a policy of title insurance shall be provided to Buyer-Optionee at Seller- Optionor's sole and separate cost. That policy shall not contain any title exceptions other than standard Schedule B exceptions and the easement instruments reflected above. In the event the option to purchase the North 40 (Part II) is exercised, the same procedure, for title and title insurance shall be employed. Covenants Concerning Hazardous Materials: Seller -Optionor warrants to Buyer- Optionee to the best of Seller- OptionorIs knowledge there are no hazardous wastes or environmentally dangerous substances as defined by the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection Agency's Hazardous Substances (40 CFR Part 302) including amendments, or substances, materials or waste regulated by any annlirphlP 1.ncal. state or federal law. Buver-Ootionee must determine before November 01, 199 any portion of Premises (South 4 Seller -Optionor. Failure to give deemed as acceptance of Premises that would prohibit Buyer-Optiot desired. Finding no hazardous Seller -Optionor, Buyer-Optionee Seller -Optionor forever from an, from hazardous materials or dank Optionee discover hazardous mate would not allow him to continue Seller -Optionor prior to Novel exercising the option to purchase to November 01, 1991 whichever instruct Pioneer to return the 1 if hazardous substances exist on 0 and North 40) and so notify the notification, Pro or Con, will be as having no dangerous substances ee from developing the ground as material, or failing to notify will indemnify and hold harmless claim or responsibility arising serous substances. Should Buyer- rial or dangerous substances that with development, and so notify fiber 01, 1991, or the date of if said option is exercised prior tomes first, Seller -Optionor will option money. Taxes and Assessments: Seller -Optionor warrants that all real estate taxes and irrigation assessments for all years 1990 and preceding shall be fully paid by the Seller -Optionor on the South 40. All real estate taxes and assessments shall be prorated to the date of exercising the option to purchase the South 40 based upon_ the latest assessments. Buyer-Optionee shall pay all real estate taxes and irrigation assessments on the South 40 from the date of exercising the ootion forward. Seller -Optionor shall continue to pay all real estate taxes and assessments on the North 40 until the date Buyer-Optionee exercises its option to purchase the North 40. At that time the same process for the proration of real estate taxes and irrigation assessments shall be followed. Default and Remedies: in the event either party of this Agreement shall breach any te=.n, covenant, condition or duty, the other party must declare a default and seek redress of that default according OPTION and AGREEMENT TO SELUPURCHASE REAL PROPERTY PAGE 9 0 0 to the following procedures: First, the party claiming a breach or default, shall issue written notice of said breach on a letter entitled "Notice of Default" which shall describe the breach and shall also set forth the method by which the breach shall be cured and provide the party claimed to be in default, not less than ten (10) working days (days other than Saturday, Sunday and State of Idaho recognized holidays) to cure the alleged breach. If the cure is made, no further action need be taken by either party. Second, in the event that a cure is not made within the time demanded, and further, if the party who is alleged to be in breach disputes the Notice of Default, by issuing a written letter entitled "Dispute of Notice of Default", within five (5) working days of the receipt of the Notice of Default, then a bona fide dispute exists and either party shall then be entitled to file suit in Ada County District Court seeking relief for the alleged default. The prevailing party in that suit shall receive an award of reasonable attorney fees in addition to other equitable or legal relief awarded by the Court. If the claim of default arises solely from nonpayment of monies due Seller -Optionor under the contract of sale, then Seller -Optionor shall be entitled to all documents held by Pioneer. Notices: Any notice, demand, or other communication that is required to be served under this Agreement or otherwise, shall be deemed served when mailed postage pre -paid certified or registered mail, addressed to the following addresses, which shall be the recorded addresses for the respective party: Seller -Optionor: Meridian Place, Ltd. P.O. Box 7727 Boise, Idaho 83707 And to: Winston H. Churchill P.O. Box 1253 Boise, Idaho 83701 Buyer-Optionee: Properties West, Inc. P.O. Box 2797 Boise, Idaho 83701 And to: William R. Snyder P.O. Box 2338 Boise, Idaho 83701 Assignment or Sale: Neither party to this Agreement may assign, sell or transfer its interest in this Agreement without the prior written consent of the other; such consent may not be unreasonably withheld_ The terms and conditions of this Agreement shall be binding upon the heirs, personal representatives, successors and assign of the parties. A sale or assignment of either party's interest in this Agreement shall not relieve the assignor from the liability for any OPTION and AGRM- IEN T TO SELUPL'RC$ASE REAL PROPERTY PAGE 10 0 dut owed under this Agreement 0 Y unless a written release is specifically obtained from the party where release is necessary. Entire Agreement: This Agreement shall constitute the sole agreement and understanding between the parties respecting the premises. Representation, inducements or conditions discussed or made orally, before or after the date of this Agreement, shall be of no force or effect. The parties also agree to execute and deliver to the other any document needed to fulfill the intent of this Agreement or to satisfy the requirements of a third party involved with the sale/purchase or development of the premises. Dated this day above first written. Seller: MERID/ IPS' �'LACELTP- By : /y� Earl L. Harmon President Ada West Properties, Inc. General Partner Buyer: By: BY��� Robert E. Harmon Lady B. e Secretary Secretary Ada West Properties, Inc. Properties West, Inc. General Partner OPTION and AGREEMENT TO SELUPURCHA.SE REAL PROPERTY PAGE 11 0 STATE OF IDAHO ) ) ss. County of Ada ! On this % 1991, before me, a Notary day of October, Public, personally appeared Earl L. Harmon and Robert E. Harmon known or identified to me to be the President and Secretary of Ada West Properties, Inc. the General Partner of Meridian Place, Ltd. known to me to be the persons who executed the within and foregoing instrument for and on behalf of said Partnership, and acknowledged to me that said Partnership executed the same. IN WITNESS WHEREOF, I have here official seal the day and year in written. / STATE OF IDAHO set my hand and affixed my certificate first above C ss. County of Ada z1` On this �' day of October, 1991, before me, a Notary Public, personally appeared Jon L. Barnes and Larry B. Barnes, the President and Secretary of Properties West, Inc., known to me to be the persons who executed the within and foregoing instrument for and on behalf of said corporation, and acknowledged to me that said Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and. certificate first above written. % "? r' Notate PUD. ResiAing a Cogussion OPTION and AGREENIE\T TO SELUPURCEUSE REAL PROPERTY PAGE 12 0 0 APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION Tract Subdivision PROPOSED NAME OF SUBDIVISION) North of Chateau Drive and West of Locust Grove Road GENERAL LOCATION) S 1/2, NE 1/4, Section 6, T.3N., R.1E., B.M., Ada County, City of Meridian, (LEGAL DESCRIPTION - ATTACH IF LENGTHY) o Meridian Place Ltd., a General Partnership 344-5182 (OWNER(S) OF RECORD) (NAME) (TELEPHONE NO.) P.O. Box 7727, Boise, ID 83707 (ADDRESS)_ Properties West, Inc. 345-7523 (APPLICANT) (NAME) (TELEPHONE NO.) 1401 Shoreline Drive, Boise, ID 83702 (ADDRESS) Gary A. Lee, P.E./L.S., J -U -B ENGINEERS, Inc. 376-7330 (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE NO.) 250 S. Beechwood Avenue, Boise, ID 83709 (ADDRESS) City of Meridian, Idaho (JURISDICTION(S) REQUIRING APPROVAL) (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL +50 79 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) RE ZONE R QUEST AFFIDAVIT We, Meridian Place LTD, a Limited Partnership; Ada West Properties, Inc., General Partner, do hereby certify that we are the record owners of the land idescribed s c beda s t being ahe Harmon property in an application for re -zoning and a Preliminary PP submitted to the City of Meridian for consideration. We further state that we hereby officially request re -zoning of said property from R-4 to R-8. In addition, we hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with the City of Meridian have been made. Dated this Z 4 day of November, 1991. By: _ C Earl L. Harmon, President Ada West Properties, Inc. General Partner Robert E. Harmon, Secretary Ada West Properties, Inc. General Partner STATE OF IDAHO ) ) ss. County of Ada ) ON THIS Ig t day of November, 19 9i , before me, a Notary Public, personally appeared Earl L. Harmon and Robert E. Harmon, known or identified to me to be the President and Secretary of Ada West Properties, Inc., the General Partner of Meridian Place, Ltd., known to me to be the persons who executed the within and foregoing instrument for and on behalf of said Partnership, and acknowledged to me that said Partnership 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. Notary blit for Stat hof Idaho Residing at /c t Commission expires 0 • 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, Harmon Property: Tract Subdivision 2. General Location, N, of Chateau Drive; west of Locust Grove Tcad 3. Owners of record, Meridian Place Limited, a Limited Partnership Address, P.O. Box 7727, Boise, ID _Zip 83707Telephone 344-5182 4. Applicant, Properties West, Inc. Address, 1401 Shoreline Dr., Boise ID 5. Engineer,Gary A. Lee, P.E./L.S. Firm J -U -B ENGINEERS, Inc. Address 250 S. Beechwood Ave. Zip 83709 Telephone 376-7330 6. Name and address to receive City billings: Name Properties West, Inc. Address 1401 Shoreline Dr. Telephone 345-7523 Boise, ID 83702 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 79 2. Number of lots 300 + one dedicated well lot 3. Lots per acre 3.8 4. Density per acre 3.8 5. Zoning Classification(s) R-4 existing, R-8 requested 9 0 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional m'le, chat is the existing zoning classification in City 7. Does the plat border a potential green belt No 6. Have recreational easements been provided for No 9. 10. Are there proposed recreational amenities to the City No Explain Are there proposed dedications of common areas?_ Explain Landscaped entry and along No. Locust Grove Rd. Yes For future parks? No Explain i Schoo 11. What school (s) service the area Meridian High School , do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City No Water Supply 13 14 15 Dedicate well lot Fire Department No . Other _ No Explain Type of Building (Reside tial, Commercial, Industrial or combination) Residential Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other Single-family Proposed Development features: a. Minimum square footage of lot(s), 6,930 (66 x 105 minimum) b. Minimum square footage of structure(s) 1,400 C. Are garages provides for, Yes square footage 440 d. Are other coverings provided for No e. Landscaping has been provided for Yes. Describe Common landscape buffers along No. Locust Grove and at entry. (2) 0 0 f. Trees will be provided for Yes. Trees will be maintained Yes g. Sprinkler systems are provided for Yes h. Are there multiple units No Type remarks i. Are there special set back requirements Yes Explain 20' standard with some at 25' to 30'. j. Has off street parking been provided for Yes .Explain In driveways and garage k. Value range of property $85,000 - $125,000 1. Type of financing for development Conventional, FETA, HUD, VA with M. Protective covenants were submitted plat ,Date 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. 6. Street names must not conflict with City grid system. (3) 0 CITY OF MERIDIAN 33 E. IDAHO AVE. MERIDIAN, IDAHO 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME• Properties West, Inc. PHONE 345-7523 (owner or holder of valid option) ADDRESS: 1401 Shoreline Drive, Boise, ID 83702 GENERAL LOCATION: North of Chateau Drive and west of Locust Grove Rd. LEGAL DESCRIPTION OF PROPERTY• S 1/2, NE 1/4, Section 6, T.3N., R.1E., B.M., Ada County, City of Meridian, Idaho PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION R-4 VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguoug to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a Variance must be.attached. (This information is available from the County Assessor) DESCRIPTION OF PROPOSED VARIANCE• To offer a domestic well site and other considerations to the City of Meridian to supplement City water supplies in lieu of installing a pressurized irrigation system using Nampa and Meridian SIGNATUREi: CITY COUNCIL RECORDS Date Received Received By 0 0 REQUIREMENTS: VARIANCE Attach a site plan showing all details of the proposed development. Complete the following questions and return with the application. 1. what is intended to be done on or with the property? An 80 -acre residential subdivision is planned with 300 single-family lots and one domestic well lot. 2. What special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district? It is the desire of the owner/developer of the land not to construct a pressurized irrigation system. It is our belief that such a system will not function properly. The maintenance of a pressurized irrigation system by a group of homeowners will be difficult and probably non-existent. 3. Why will a literal interpretation of the provisions of this ordinance deprive you of rights commonly enjoyed by other properties in the same district under the terms of this ordinance? Many other developments in Meridian do not have and are not required to have a pressurized irrigation system. 4. what special conditions or circumstances exist that were not a result of your actions? The implementing of the pressurized irrigation system ordinance was accomplished without the input of many of the Meridian residences. 5. Why will the granting of this Variance not confer on you any special privilege that is denied by this ordinance to other lands, structures, or building in the same district? The intent of this request is to seek a workable alternative to the City's ordinance which requires individual lot irrigation through a separate pressurized irrigation system. The owner proposes to dedicate a public well site to the City. This site would be used to develop future water sources to supplement the irrigation water demand for this project. (Date) PIONEER 7[`1'1 LE COMPOkNY OF ADA COUNTY Re: 888 North Cole Road / Boise, Idaho 83704 Telephone: (208) 377-2700 —41 t one. rfllr Bolser Idahe i. 83707 MW W es t` described red etdabl, to vft- t .. h J" particularly described in Exhibit heretd and byA attached this reference =we ... a part hereof.. TO HAVE AND TO HOLD The said premiaea, with their appurtenanera unto the said Grantee Its heirs and assiras forever IN WITNESS WHEREOF, The Grantor, pursuant toe reaolutinn of its Board of Direcfora has caused Aa trorirorete risme to be hereunto subscribed by its President and its corporate seal to be efted Stcrctary this 25th, day of September ,1966 by its date -- n -v, Byam:. Ae 3 Earl L. Hereon, •'(Corp. Seal) President. A1T6r: JT �t'.i l: J�V Ho OF IDAIIO County Of ADA a 25th. d y of September. ift , fa Nehrt tWak in end fm sYoon d Sim% y- �t' Eezl L. Ha -.Von and m c o f>at " �`�� Boise , Idahs .t 01 9 9 2. tart E. Harmotdecretary. STATS Or W"Q,COUNTY Or .gZ.." I bsnby —Wy that "Ieatr®easaW tarreseedot samosa at the reseed a1 /a� 4t.'o J -+LCL L�sa.`rr.i at Qom,. sdeatw this �/�' �of ��yr7°`:Plt�u:•'. In .y ams% and nab near" of Dods as Pae By. mOI�T oi`, Peoi ' DaDnC' w,"-,mSLwdm9 o, ria, x1L,: E.E..ld'ahoa a+oxfhad f,21m a s � at the 3g common; Sec. 5 sad 6, TA, R18, 3.K.; tbtri 4 r'mning 3 A0]A along tti;pryy'bomidt7 2im of said Seo. 6 a M1 distanea of 977.54 9%. to a post; than 2-MMLIg 3 89005'w a distaaca of 1987.02 ft. to M MAL 7o3NT OF?MrA*:nr,; thence running 3 890051v a distance ct 660.o ft. to a point; theaee ruling H 00016'35"w a distance of 340.7 ft. to a point; thence r nul 9 N 6902713 a dista:cs of 650.01 ^t. to a.1. ti:enoe rumdng S 00016115"3 a di3t:nce of 336.47 ft. to ^ FML iOL:a OF 'mnL 'Il The 2.bo,T eScribed -rone:t-j cotan-3 5.13 aC:'e3. More Particule hereto led by uaww:: FLACE.' LTD., In llatteed r�ee 1,a040 hereb7c ± P• 0. Box 7727, Boise, I L to -I „ daim x,83707. described in Eshiblt A attached reference made a PArt hereof. - 70 HAVE AND ei HOLD" forerin :ee4 `vith their appurtenances unto e said its heir and the said Jraneae IN WITNESS WHEREOF, The Grantor, da ccresn'te na'n= to be hereunto au Pursuant to a resolution of is B mte� Secretary this bacribed by is President And is Card of Di to dace of e m r 19 corporate seal to be -fired by CIO '•' ` A c .ro By " �A4cotp, Seal) Earl L Eamon President. ATTiMT: AT[iriDAl10, Conoty Of ADA Robert E. HarmolSacreta rY• a uta 25 ch +ser of Set pas raYY knew eeraw er128 r�erl a'ee'> srAr[ or rDsao h the, rH:? L ;•8rst,oe p' It inp.0 a set a 04 lo~ear Maio" Of the "eu� ' nar �ee'►+-tkaMyeya � se B,f�y t>bt ;' �a�_ W at Pte % 19 . umweI and of _b'rsewi•dL av onkimrtlti: tlMn.Is nor 4 , �Ysn..rt0a. a,.ar a ta"� taw , JMN BAMCA AsYUe a els By its brain r n Bofae , III a i 9 4 a rose 41 C/1.01 - Man Da -b a: • acar=dnc 5 89005,v a diatsace MMM; tbance raining s.89e05,g -- -.,••» •>_. u a polatf thence distat s 00016'35-w . nce of 336.1a 7 ft. to a poirrtf theaoa rowing g 89027'a a diataace at 661.96 ft -to 33312.2433312.24 ft. toa point; -nt3 thence running S 00°16'35a8 a distance of TH3 REAL FOZIIT OF 8r0I]A�M6. The above described property contains 5.G8 u -es. 7777. a fullawint described real eRsta bowlt: Nora particularlydescribed in Exhibit A attached` . hereto and by thia reference vada a part hereof.. TO HAVE AND TO MOLD The acid premises, With their appurtertanem unto the said Gnn'xe its heirs and asaiStts forever IN WITNESS W IiEREOF, The Grantor, pursuant to a resolutionpf its Hoard of Director has caused ip corporate name to be hereunto subscribed by its president and its corporate seal to be aBred by Its Sacrclsry this �5� of C;nrw+nhwr 19p6 date BY • o Earl L. Sarvun, President. (Corp. Seal) ATrmr: Robert E. H&z=U eer<t+ry- 'IC OF IDAHO. County Of ADA tela 25th, day tl September, L 86 t r.•Km Y i!'aM Y W for rhe Sneti Panes- L. ns-L. Nary en sea i.'A i��r'tl��••.. .saws toarp \-"a kz,L _.I 11') . ,ma Fuses ICeetei o st bolas • Idab, Ovem Eamone m a„ CI l 9 4 STATIC OF IDAHO, OOQICSF OF LLdK 1 kansy aaNb L%s..ta tl W taeert tl tl OS =I AN "A 2 waeaeof"m. eqi .t ' e. IS %Yi. p b aSis, d defy re�dM p Reek W Dab at pass yy�� pp�������� JOM aeesBe m,a/t Dgey. Frt y,: s1aD tet 0 F.. t� d is the 83j, Sac 6, T31 i1Es B.?Mi i 4 �] s� �y described as fo3ovs3 . 75, '" �` , Be 6ty the 7i Corner comson to see. 5 and 6 Y38s R1Es 8.P� V �.. .,.,,. %g thanes BOD V along tbs Fast bo=&7 line of said, See. 6 a , i ,x ,^, . . ffistatferof 977:x. lt. to. a point= thence: running S 89°0$'W ak. distance of 663.12. ft- t- THE r -AL ?onT OF B..3T MMUM; thence ruaw s 89°O51V a astame of 661.95 ft. to a point; tbance running 8 00016'35N a distance of 332.24 fto to a point; thence ru=ing B 89027'E a dist=e of 661.96 ft.. to a point; thence running S 00°16'35 E a distance of 328.01 ft. to T=3 PSAL POli:T OF MMIM. 0. The above described property contains 5.02 acres. hereto and by this raf bedari Pshf it A attached < race made a part hereof. TO HAVE AND TO HOLD The said premises, with their appurtenaom unto the rid Grantee its heirs and assigns forever IN WITNESH WHEREOF, The Grantor, pursuant to a resolution of its Board of Ditecbm has raumd its corporate name to be hereunto subscribed by its President and its eorporats seal to be aIClaed by its Secottary this 25th, day of Sept_0 bar 1986 date Earl L. tlaraon, Praaident. 1co'p: Seal) ATr=T.- OF IDA110, County Of ADA !`t"2S[h. day ofSeptembi r.0 86, !k• maw FsEae in W is, W s.W senor. MLS;"ci '•Earl L. Havana d E: Harmon fawe town, taaor. I h.► at my Wank W day ad yrs in 1W Butte - laab.. Robert E. Harmotdecretary_ STATIC OF IDAHO, CLOUM OP daa:G 1 bona, nrft gut me tt nerd . tr ree..r ofi'c/ c� ur or2.m. oa2/ .`ores if!, v .ap a.m.aM dabnr.aw lam of Dear K PapeOar�� pJiST'^. I. aw .: \fit �t P a,M +�� land�loeatsd,ia o' thssR �"+s :.6���ff�915,a a a moxthl�y' daecrbed ae tollorar... _.. He a4 the i( Corner Cason to See end 6a 1'3Na 81.C, B.F..; z� _ 5 . ' thexei 8 00012'N almg Las. E_st ma'a`s'y line of said Sec. 6 a dis*aacs at 653.77 tt. to a Polat; thence raming 3 89005%..• a distance of 1324.68 !% to 2H3 ?3;1 ?OMT Cs BMMM:3; thea;e=nniMS 9005'N a distance of 661.95 ft. to a ?oirt• ' tl'°°°s rMIIM N 00016133a11 x distance of 323.77 ft. to a xa� .; the=* ranyrga N 09005 r H a distarce of 6;1.95 _ :. to a ?o int; thence ronnirg S 00016'35 6 a distance of 313.77 SE. io.: TR REAL ?OL.,T OF -e L?NINO. The abon descrthed renert-- contains L.92 acres. - r - 0 rause canoes ^e,.r tn. r r P C lord ilii, Boise, I=- 83o7 leto0owi09 tksyeaibtd rel etaleiq to-Ift,* , ¢ `.!!orae rarticula fly. described in Exhibit A attached. 'hereto and by -this reference made a parr hereof. TO HAVE AND TO HOLD The mid presTiam, with their appurtenan"e unto the said Grantee its heirs and maims forever IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has "used it, Corporate name to be krwnto subscribed by its President add its "rporate seal to be amred by its Secretarythis 25th. day of September 1986 date f� n • By ���/�rWV✓a[/K sp •u. Seal) Earl L. Barmen, President. �CY ATTEST: WE OF IDAR0. toasty of AOA ON ur 25th. say at September. n86 . an ma, a Natary Pom is mw fad saw state. Param• baPP!a.Mno Earl L. Bas aW �''_'w.Harmon . Aaw► V r to S-1 Robert E. HarmoDBeentary. STATE O ' IDANo, COCNry op .: I'tmby aaeefy tat 1;,..mi m us ne.tl .r J,p_h Y�stP�a,v,� tl p� Pial I of 2` tAr at Dani tl ♦I :MbtEP, l Ansa Aateaab stl p tayase"i48% saw mi JOHN t;t bftftab�,..,nm' as `4 Cfa EsPir Boise Lees M/ `-M a Nall to: 4}WOO OilM1 v Mev a< , , l parcel,. of land located in the rft See. 6, T3F, Ri.E, B•'=•,' _ . i c� ►da County, Idaboa =m- folly described as folloosl Hem ' g at the 'j. Corner coamon to See- 5 and 6, T36, MZv B.Y i thence ranting H 00012'9 along the East boondry line of said Sec. 6 a I distance of 653.77 ft. to a Point; thence running 5 B9e05 a istance t thence running 5 B9005%7 of 662.73 ft. to T.-3 :-_&L sC""T 0? S.GI1i m; o � " a distance of 66]..95 ft. to a point; thence r :ening N 00 16 35w a distance of 323.77 ft. to a point; thence running 1; 69o05SE a disvance e 5 0&16135B a distance of of 661.95 ft. to a mint; thence running 323.77 ft. to 7S p?i1 :01::T_ OF '1±ue cr•.x nascribzdro-ertg contains L..92 acres. g.� Bargain, Br. :t grantee u y. the foltoe- r TO 111' INW7 ILA carpo,.: . Secretary t k. . s ] STATE OF 1: ,. O. fhb 2 W"na. Y. _ear aeer.ni h. w Rb1�e tins IAS e.ea, ,- arl'aaakdaaa - . IN WITNF - WM .nd .Ia,.. arcane ant •aceto sad by'this refere+�6it A attached '".', �• nta"dPart hereof. . Al TO HAi a AND ei HOLD The said an forever With their aPPurte"u. unto heiro and aasi IN WITN said Cscrtee ES3 WHEREOF• The Granter, ilt ear thi none to be hereunto au d by Ia Yrsuant foa resolution Board of Di Secretary this 25th. day of Se�i� r 1986�dent and its lnrposcte Oahu Caused date se+l l0 6e anhred by Its County Of AIN' *ft` at •Peder, u86 *ft r rl•L.araw.: owk a Man is Erb Boise By S Earl L unou• ATtar; Preatdent. Robert E FS"TATZ Or WAg0. COOS M^w°ob �"ho,.Jes" van amis min". am awspima"k sewet a XI $ii1Awar 66 as pe ft Ay and e�N ilea Han tat �� a nBr"s aza++l deecMbed as Sb2lomr L.war, r� ♦ "�W IY1 li. t w w�.�...., eosmoa�to See: 5 and 6, S3E, mz, H. K.; _. tbomn r+mniag 1Y,00o32�id,aiopg the Zest boondry 21- of said Sec. 6 a $: dLetanca of 653.§77 St. to,733 $FAL Posta o9 E9en3M; tbanea .waning S 89°o5av a distance of 66¢.73 St. to a ?olnt; theses roofing 8 00016'350 a distance of 323.77 ft. to a ?olat; thence rau_.t H 69005'E a distance of 663.12 ft. to a point; •hexe nffidrs, 300°12,E -along. tht Easy beundry i of said Sec Is a distance of 323.77 f L. to Tia -VAL POMT 0? EJ0II7:IA0. The above described property conteins b.93 aces and is subject to e=.s=sots sd -ishts-Of-rmy of record a -.d in use. i4 S, `ems u. e. arNan� CNwa E. 0 �6ay eorr®t adl4v L ! 0:' le: 772T,� Loisaw I R 87701 F y I (u1lonitlB dscibed last ad" b►rrR r , ^ j tore particularly described In'Wibit A attached hereto and by this refereon nada a part hereof.. TO HAVE AND TO HOLD The said premiss, with their appurtananas unto the said Grantee its heirs and assigns forever IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Hoard of Directors has, caused its corporate name to be hereunto subscribed by its President and its corporate no to be adired by its Secrelnrythis •?rrh_ d� e of Servo..%, 1nRA dac :r'•. �c By Earl L. Barron. President. ._ ,[Corp• Seal) ATI®T: ,.•`' Robert E. RarmonEeeretery. ITATa OF IDAHO, County Of ADA BrATB OFIDA10. OOUMT OF /14L- :. on we. 2S•�,j , day at September. is 84 wi hands, 14 ase ,.w� ,wIIa��e reew��d at, aan K a d tBe r sed fer "M stew parr F� '�"� dq+w+re►.. .}.L. Baeron +d e11Msk�ltw Imia�`lrttsr + at . �•rsiaala pst,g;., rt } y ..0 i�`�i�=~ Lr.YY�w .r J�•IMIV� . W. �A�. RiI dales t W wnsaio1 144 sm"d wap bans W amrd 4elW mat. Y aY wr1lMMbs .tart � Ushe arvissma., a 199a m�syZ j� Doponr 0 uSFix'i0.`' j°WF t �i0 19 �.,. acre tTecti � A Thad in lien CZl located the Ede 60=i`7i idabo, afore fully described as follow: 8e et the is Corner cocsaon to See. 5 and 6, TSN, 1113, B.Y,.y r tbewe r)1�0012OW_ slang the Faat.boundr7line of said See. 6 a distance of 977.511 ft. to TM ML Ponn or awnumn i thanes rMMdMg . S 89005'19 a distance of 663 .12 ft. to a pant, thence running B 00016'35"19 a distance of 328.01 ft. to a point; thanes running 11 89027'3 a distance of 663.52 ft. to a point os the Fast boundr7 line of said Sec. 61 thence running S 000121E, along the East bqundry ,line of .sad Sec. 6„ a aistanc° of 323.78 ft. to rdE nd nr.r uF am-T1OZIN6: The above described _:roperty contains L.96 acres and is subject to easements and rights -of .y of record and in use. Bargain, ; grant v k the folio, I STAT: oe r hefarc ' ally y M nrr RnrO eu1M - rune. IN -. h"nd arVfif'r f @.LI Coni ic[ieuiarly deaerriet4la Exhibit A attached`,,' aitdby this reference wade a part hereofr- :1 rs. TO HAVE AND TO IIOLU The said premises, with their appurtenances unto the saiJ Cranbee its heirs and assigns forever IN WITNESS W IIFREOF, The Grantor, pursu:on to a resolution a' its Board of Dirretora has caaaVd its corporate name to I e hereunto subscribed by its President and its corporate seal to be afloed by IM Sccrefory this June 30, 1996 date (corp. Seal) STATE OF IDAIIO, Countv Of ADA On this 30th. day- June .l986: hrrom W. • MW Y Public m end for said State, person. Ally appeared Sarl L. Marmon and RO e}[[ F'. )larmppn • kaeam to me to Ir• Wr 'resident end Secrrtery of the corpora. t 1- 11 that rarer :d this in..trumrnt nr the prrsons who rxr rood tiv nr:rrren! rn behalf of raid rurpurrtiunand nrknnrh+h^ to n• Unit Inch cI,pormia. rarrut,a the •encu. tt'll FItFOF, i hart hereunto z ,y La l "d "l—k me oTnnl seal, the day and year m this �feat >LuFr .rntlen. �i 'orae' I'uolir 14•Llinr At noise ,Idaho c.,am.. tariu• . �/-�Li- 9� B3. Earl L. Marmon, President. ATTEST: Robert E. HarmonSecretary. STATE OF IDAHO, COUNTY O I perch} certify— struarts•wJs filed for nft" the request of y _] at �i O minute fast o'elork t this , /v day of my nIBM. and dull recordedj If Uerds n-Dnok At Pare t� JOHN BASTIM Fees i ._T. !✓'c Mai! W: I ' Darcal of land loceted ix1 NN Se°w 6, T311, ffi8�. H Aft�.Countp, Id_1w more i1c1' 27 �k' describedgasrfolloess ., Bee-rm'—g at the d 3 4 rnae t'!'•t Comer coon to Sec. $.and 6, T3N, >�Ea B.M.; '..hence , 17 a,o12'y..�O the Fast boandry 2 ne of said See. 6 330.0 ft, to Va PF.I'S POLdT GP FfII2A3A'G; thence running S 89°05tH a distance of 662.31 ft* to a point• t ° " hence turning N 00°16 3i Y: a distance of 323.77 ft. to a loin t; tcence nLnr? N ° '�g 9 0;'E a distance of 662.73 ft. to a point; t:,ence n:-nnino S 00012'E'.10 a ,• ,t^e ^st. bo,ndn,,-',-ne of.s-id Sec. 6, a dstande of 323-77 ft. to TKE 3:L ?__T -�r .. GP D:L'�. 1,.e cboce described ;rcperty cent:, -ns b.92 acres z.d is s bjec, to _..=ncnts rn3 n_ 's -c %-_ recor d ..d in =e. V. More particularly described. in Exhi hereto and by this refebit A attachere bit rade a part hereof ..'` ,y To lla t'F: 1\U TO 'fh :wd a heirs :ue said ssigns forerer premises, with their appurtenances unto the said Grantee • _, v IS R'P17aati Ilfi ItEUF, The Grantor, i a: nrrponrto n:rtne In Lc hereu"LO subscri Led b• its n. . P '-sono[ ter a rcv,:ution of its Board of Directory has nutted �trreLnry' this ,lune 30_ I tesitleat :old its corporate seal to be affix 1986 ed by its ra:orr . e.rl) i "FATE OF IUI119. n C✓ntp Of AUA Un thle 3C[h day of June I+/wm W. • S.¢nr;. 1'nl:i.• m and for raid 5tetq rrern84 .11Y nPRYM f.a r: ft - L. Harmon Robe. p '"a !r. lb. V., �lo:.T�m . known W me to r•r1 111 mu a rrtar P.•n t 11 en lnol hn incl rums.. nr the y rr the -.1 ra. rnrrd llm wrrtrrmeut on trek 1 Perrone ahu fn krrnwie•hrd •� I" That ( of raid rorp,,rntinn, nrrr .. r •urn cnrPnre6nn rarrutrvl r ` v. 1"A10 1-4 N;A rd n ofll.•n! . ral,rthr dor^nJuntn . .. rvsrifnb Iret, aL.Jr-s+rttcn. 3'rnr iv :h(v C..n,m. I...... 1%0i �c• ,Idaho Earl L. Harmon, President. A -TEST: Robert E. Hartnon5ecretary. STATE OF IDAHO, MNTy OF 1 hereby rrrtily the amom the reyaeet of o fee record at G at S_G miaobapast this o'Uo�j dey olSh, end dnlr reco rded 1 "d. a. •�So�o�� M Ureds Pegs et t V JOHN &Aqs rte ti Fere S Uepatr- A,Wl w rl ,. K-0 It4, (Mo. 6 5 acrid f:{� .5 y A parcel of land located in the �r Ada Cotmty, Idaho, Mors fully described aeifol .".:. Bete gat the ;{ Corner cannon to Sec. 5 and 6, TX,, � B.Y.; uuiing H 0003.2'W along the :ast boundry line of said See. 6"a distance of 330.0 £t. to a J°int; thence89005,1f 662.3b ft. B S a distance of to TFC Fi'cAL ?OI;:T 0? i.,TJL. :C; distance of 661. thence running S g9°05'W a 95 ,t. to a point; thence running N 00026'35"w a distance of 323.77 ft. to a point; thence 661.95 £t. to a pcint; running M 89005'n a distance of thence rsaLng S 00016135"n a distance of 3?3.77 to r.-:pPAL PCT_... V• The above ceecribe3 ^ro 1.-ty cort_ns L.92 z _ PO HAVE AND TO HOLD The said premises, mith thcir:grPurtenane" unto thesaid Grana, its heirs and 19SI Ens forever IN WITNESS R'IlEREOF, The Grantor, its roary the name to be hereunto subscribed lrvr il.vlrl'residenton t and Rs corpor"ll"On Of its ate aD ?� Secretary this has rby it$ ---.,IuRe.,�O 1986 p td by ib Jd to �t STATE Or IDAHO, County Of AD On Ule 30th. der Of lune .1086 e.N lep the, • Not"y Public In and for mid slate, peram- :- y Appowd Earl. L. Harmon 11,� c[ FF }}t� and :Iro [ke 17PieA,1&nT end-arr gII . knotm W an b t II" that 1arWn lhla ilutrument or the' of the e, rp�n. fale.l tke faetrnmrnt on ,,m rnnoo, who ese- L of avid corporation, end 'arkMwklltrd in me that such corporation earoatW t,,, TNM. IN WIT,FSS U'llunro F. I burr hrnunto a.t m band and eali,'d mY l, o,,Ai seal, the dor And yerr in tin, mrtldab hent nbnye antlrn. I'r — . , . D,+idinr n! NOi tars 3 C.n,06. Eaprea Boise , 1daF.a Earl L. Harmon, /C President — ATTEST: Robert E. ha rmpfSecretary, STATE OF IDAHO, COUNTY Op I hereby eartify t1w the mcluut of �_.. yr Aw forwJ raeerd at at S O mlaaLeeyast this 0141- }. In e . m NY nlha. And ul day of . •.L Dred, at Pate y Molded in Doo -Ji-OF"? UPASTIDA Es-Ualcio rder t Deputy. r�� Y^d Nf� �-A. f �• n C . (NO - "7 q't➢ � �_ kY tt 4 �'12.rAk ��iINIyF yk _ hh . $'�'yI. Thr' -R2". 4Nds�•�� r 14 parcel of land located in the Nr7;, Sac. 6, T3N, R1E, ,8 un`Idaho moreUl desy a7j4 ;O12O�o r Beginr3ng at theCorner-eormon to Sec 5 and 6, M, RAE, B.M.;�. thence running I7 00012�W along the East boundry line of said see 6'. a distanceof 330.0 ft. to a point; thence, - running S 89005"W a distance of 1324.29 £t. to TM +icvlL ?O.t,PT OF BR.,}' IIIIIIfIG; thence running S 39005'W a distance of 661.95 ft. to a point; thence ruruling N 00016'35"111 a distance of 323.77 ft, to a coint• thence running }1 89005'E - . a distance of 661.95 ft. to a point; thence --unuing S CC016'35"E a distance of 323.77 _ to ."7S F01,,, OF Bx=;^;r;G. The above d=_scr`_bed ;ro;. erty contains h.97 acres. itwrporatima duly organised and exbdeg under th laws of the 9hte of Idaho, granter, doe hereby Grank ' �* ::.Bargain, Wand Canvey mato,.. tt89IDIAN PLACE, LTD., a limited partnership, greatest wbon current address Ii P. 0. Box 7727, Boise, Idaho 83707 the following described teal mfate, to -wit: More particularly described in Exhibit A attached hereto and bythis reference made a part hereof. _ TO HAVE AND TO HOLD The acid premises, with their appurtenances unto the said Grantee its heirs and assigns forever IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Bwrd of Directors lug caused its corporate name to be hereunto subscribed by its President and its corporate eW W be afed by its Secretary this 25th. day of September 1986 date jCorp. Seel) tea) Y � . =: STATE OF IDAHO, County Of ADA On uda, 25ah. day.t September. 1986 , '►rfan r,er�io'mc7 d'bue�ik fes sad tar Wd St W, Anon. r4 sw-a14 a r +.R'fi L. Benson end R.Mlr 4.` : i(gmpn • saes. toren a*4 tweaeetw thfa.lwlr kal w id mrj w who asst• Maj chi 04 W a , ba Mbal( d. mid wriwetbn and erheewNding.4 r {Bat earl wrpaaNe, narromj tM 'b sagest. t:.'...... IN wf 4spi• w11EaEOF, I hew hewe,lo ret m Is" aw M -OW-1 21404 dar end year, In eh� wrtNwte Mt show rittew. Nolaq�u i— ieddinrat Boire .Idaho c— Erphas On ti .. n I Ls n By Earl L.Batson, Presidenr. ATTEST; �✓ . 0 /%z Robert E. HarmorBecret■ry. STATE OF IDAHO, COUNTY OF I herebr salify that ere, Mae fee revved at the reeoert ofi. Ery/. - at .30 minutes pct •'� �yt. this,T1 s IPAGin a, eme7.nedardarerdab to -dw 1. of Cents at page JOHN BASTiDA Feer i�dm Depeb. — 1610 w: n vo, 141}IT.3ilgpRol= syn \x ii#� 4i" �ii0 ZZ -5=: enc9eN s} 1 percel'Of land located im the �. Sec. 6, T3N, 818, B.N., 1.ca. Couatyj�rIoahee more -fully described se follow, BeBiradng at the ll Corner acmes= to Sec. 5 end 6, Tom, BSE,. B.N., thence running B.00o121A along the East boondry lim of said Sec. 6 a distance of 653.77 1t. to a point; thence romdng S Bftw a distance of 1986.63 ft. to T9E ama gory OF 33 �- ; thence rcnni.-4 S 89o05'W a dtatence of 660.0 ft. to a noint; thence running N 00o16'35 H a distance of 323.77 ft. to a point, ';hence romiing N 89005'E a distance Of 660.0 ft. to a point; thence ramping S 00016'35aE a distance of 323.77 ft. to Tea ?S41 PCLCT OF BvvL71M. The above . escribed : rop. rty co.; -+p. L•.91 ac -ea • 0400 • WARRANTY DEE' For Value Received ADA ' -NIST PAOP88171M,INC.,.an Idaho corporation, the granter do Fee hereby grant, bllremin. Sell w64 ronvey unto P=rU S PSB, LTD„ a limited partnership, the yrtnt.+• the fellowier deaerd:ed premises. Ada County Idni, n, to wit More particularly described in Exh1'it A attached hereto and by this reference made a part hereof. Its successor xxxxx tx it is en m• :.,.r...11 ,;., i, r ,. exceDt current taxes an -t asseasaert'. iiia .. October 12. 1975 I i I � i _ ..1 L,� .'. 4: ,. ttirttJ't'es. ADA WEST :'R0 -E3 � TIe'a^^, INC. An Idaho Corooratton 12th. October 74 HARMOS• A::A 1:; PROPERTIES, INC, 5 :4 ... -,Clse Pi "PARrEf. A" p ti For %. A par c.! of land located In lite Nk. 1/4, S.-cj,, T)M' Rif, 8,M•, Ma County, Idaho, ,ore fully deqrrib,d as foll,: the giant, Beginning at the 114 corner cmmo,, to ,. 5 and 6, TIN, RIE, B.M.; tfv,-e runntn, S R9 -()5,W alonp, the 9"'th boundry line +f the NE 1/4 of said the g"'Tit. 6 a dleta... "f 1171.o ft. to Till, RVAL POINT Or RFf;T-jNINr.; thence rmnt,ig S 84*05'4 a distance of 661'.05 ft. m a point; thence running ()n*I6'35"W i dimtance of 330.0 ft. to 8 point; thence rimning N �Y*OVF I dlct,n,e of 661.05 P,,: thence rtinnipq 5 110,10" is -v !,.r,nce oV 11n.n ft. to rz,j -,,nts A r. ful 1, j,,, The 1; 112 1/4 NW 1/. qv 1 /1, Ser detail Ra: it the 1/4 (:,r,,, rhence runnfn¢ 5 a4o^,51m, a distance of I1.2 1 turning S OODOPE a distance of 327.20 fr Co rhenre rze,linR , 00*07PE a t n' ninnin I,' ~tsnrq, of 6,' .,)2 -N ()()*I! '47"w , dfat.inre of 375.81 Ft. a dil,ince of hhj . 1,r) ft. to ;11: Pie lhnve !o.cri4ed property r"-,"'-0f-w'Y If -eclr,l and i, ,T -TE 11 hw t,, v Ste lucce. Oct - q WARRANTY DEED 0 For Value Received EARL L. HARMON and ELEANOR L. HARMGri, hua.-and and wife, and HOWARD L. FLANARY and CAROL R. FLANARY, husband and wife, ::.doing business under the firm name andstyle of ADA WEST PROPERTIES, the grantors, do hereby grant, bargain, sell and convey unto MERIDIAN PLACE, LTD. limited partnership, thegrantee , whose current address is P. 0. Box 7727, Boise, Idaho 83707 the following described preniea,'.-t Ada County Idaho,)t More particularly described in Exhibit A at'-,ched hereto. TO HAVE, AND Tr) HOLD the said premixes, tt 11, (h, r :,:.-t,.rui n� rs unt,, the said (;ranter. its (successor:: Wre and assigns forever. And t,.,. do herd;v (nt enact to and with the said Grantee that t icy arythe owner i:. - „ ,;,id prtvmi:aes; that thev are free from ail incumbrances, X., ca r:r• - and rights of �,ay ,: .., _: , 1 -o; - - ....... - •. o::.:.,.. and that they will warrant and aefend the same from a'! IaW. Ul claim: whatsoever. Dated: r' - STATE OF IDAHO, COUNTY OF, On th:' T 9 da, .r ts, 7:. befo,e me, a notary pullie in Ind for tha said State, per- eonallyappearedEA.RL L. Eu+RI!V is & EuEAN� L.Y,AR 1)N, husband and wife, a ld HOWA L. FLAIP.RY E CG+1?2L r FLANARY, hu=h_ and dq�ng ari ADi,.LS: P known fo ni'e t3 he the person:; whew names ar. •wbsrri Sed to :he m,L',in vs:ru men;, and artnoaledged to 'e that C•: uecated the came. •� , — �o�ary FubLc Fxsi Lina nt __ _ - _ ,Idaho C.v,,- Expires F -'ATE OF IUA110. COUt;TY OF ;n'tramenl waa filod for record at nt n!—t" pad odoak M., day of rd.d M Book HY_ I t i .Beginning at the Quarter corner common to Section 5 and 6. T. 3 N., R. 1 E., B.M.; thence running S. 00010120" E., along the section line common to said Sections 5 and 6, a distance of 660.15 feet to a point; thence runeing S. 89020'W., along the north side of the S 1/2 N 1/2 SE 1/4 of said Section 6, a distance of 1000.44 feet to a point; thence running true south a distance of 340.31 feet to the real point of beginning; thence running 'true South, a distance of 55.56 feet to a point; thence running S. 82035' E., a distance of 20.12 feet to a point; thence running S. 00°07'E., a distance of 262.22 feet co a point; thence running S. 89°30'W, a distance. of 656.56 1, !:, a point.; thence running true NU['th, ,r Ali tulc,: til 1, .1. Irl 1, .i p„inl.; thence ranning S. 890301W., r listan ce• v! 3.91 !cot ro int; thence running true North, a distance Of 32t„I, f, cr to a point; thence running N. 8902011., a di•:Caner ;�( (,,: U 1,,'t to th,, reel pOint of beginning. The above de ;crihe.l ;;rel,^rly aur. t.,i n;: v./ <:c r.•r, rac,re or less, and is subject to e•aunments nt record or ir, u,n. Together with all water .,_rvl w.etrr ri�•,h;:. .0 rl ,litehrs and ditch righrr appurt•nant tlo:retu and suh jcet ru ,.x i:;ting easements and rights of way. L' r .,,. EXHIBIT A if, PARCEL A o A parcel of laud lucated i.n If"' ::i: Quarl,v', Section 6, T. 3 N., - R. 1 E., B. M., Ada CuunLy, Iddhu, more hilly described as follows: .Beginning at the Quarter corner common to Section 5 and 6. T. 3 N., R. 1 E., B.M.; thence running S. 00010120" E., along the section line common to said Sections 5 and 6, a distance of 660.15 feet to a point; thence runeing S. 89020'W., along the north side of the S 1/2 N 1/2 SE 1/4 of said Section 6, a distance of 1000.44 feet to a point; thence running true south a distance of 340.31 feet to the real point of beginning; thence running 'true South, a distance of 55.56 feet to a point; thence running S. 82035' E., a distance of 20.12 feet to a point; thence running S. 00°07'E., a distance of 262.22 feet co a point; thence running S. 89°30'W, a distance. of 656.56 1, !:, a point.; thence running true NU['th, ,r Ali tulc,: til 1, .1. Irl 1, .i p„inl.; thence ranning S. 890301W., r listan ce• v! 3.91 !cot ro int; thence running true North, a distance Of 32t„I, f, cr to a point; thence running N. 8902011., a di•:Caner ;�( (,,: U 1,,'t to th,, reel pOint of beginning. The above de ;crihe.l ;;rel,^rly aur. t.,i n;: v./ <:c r.•r, rac,re or less, and is subject to e•aunments nt record or ir, u,n. Together with all water .,_rvl w.etrr ri�•,h;:. .0 rl ,litehrs and ditch righrr appurt•nant tlo:retu and suh jcet ru ,.x i:;ting easements and rights of way. PARCEL B Commencing at the Southwest corner of the south 1/2 Northeast 1/4, Section 6, Township 3 ;forth, Range 1 East, B.M., the real point of beginnin,,; thence Fast along the South boundary line of said South 1/2 North- east 1/4 a distance of 660 feet; thence North a dis- tance of 330 feet; thence West a distance of 660 feet to the West boundary of said S 1/2 NE 1/4 of Section 6; thence South a distance of 330 feet to the point of beginning. Together with the tenements, hereditaments and appur- tenances thereunto belonging, including but not limited to water and water rights, ditch and ditch rights-of-way and sub;ect to existing easements and ric,hts-of-way. Ada County, Idaho, u. RNuevI of v= Time Dau �l-.;Z '- JS CLARENCE A. PLANTING RECORDER Dapo:v the gr limi- the gr the fo. r� E DEED ~- FOR VALUE RECEIVED. ADA KSS PROPERTIES. INC. a the Stab of Idabo. Brd , don t' Cram, oarliwation duly organized and "IstIM ander the lawn of Rareaia. Selland Convey unto MERIDIAN PI.AC9. LTD.. a I'm it^d partnership. ip grantee chose current addrewilt P. 0. Box 7727.. Boise. Idaho 83707 the following described real estate, wwitt Iti more particularly described in Eshibit A ;attached hereto and by this reference made a part liere••t• TO IIAt E AND TO HOI,D The said premises• .ta:h the.r appurtenances unto the said Grantee its heirs and assign forever �� WITNESS 6'{IF:ItEOF. The Granter, pursuant t,• a re.eiution;,f its Baud of Directors has caused iL, corprragt name u. Ins hereunto subscribed by its I're:id,rr.t and its cucporate seal to be alfuerl by its Secretary this 12th_ da..- of April 1579. _ da.e INC ;v . .-,Curp. Seal) STATE OF IDAHO. County Of ADA t979 . On this 12th. Jay of April before me. a Votary Public in said fnr said States. pe%- .11y appear.] Earl L. Harmon Randall Wallis ,k.a.n to mato be tMPrr:idrnt atM Seenury Nlessgtarpara, ting, giant raeeuted this trunlaf or .ad perssn .M ate• imme on b.11.1f uknnoltde.d"Wil ugag,t to mruntna th,, uch torpat•tion rarutat.d da. same. IN WITNESS WHEREOF. I har. h r.anb .eg my hand and stat.d my omr'at tad, tht day and ran. .a this ter•Jecaw Bret obs.e vntttn. c !- Noasar lie t Aeuiin� •• Boise . Idsko Lrkidt�. E"snwcs AD:.WES7 By Ear; L. Harmon. President. ATTES Rat„lall 'Wallis, Secretary. STATE: OF IDAHO. COUNTY OF Vu I hrrrby certify that this instrument waw Fled toe record at tha reewet of t- H'lCG•lj''///Yr s P sa w %JI minuput T o'tieck/ ld" th:s duy of 19� /.:n my o1%,s. sod duly recorded in Book .f I".., at Pan Ea-OtBao Beeorder iz i rc w Br_—.--Fcn SZ �— De, uty e-0 Nub to: t: 3 ��h r= PROPa.G^.• :Ft,. Ac". "roc) A poreolrot ]md:loeatad Sa, the 119,, `se. 6, T3N7 919j78.N@4L4;ci. M4, Ada.CouaEy7;Zdalw►Ipie1h173:,fle0cribed as foilouen,: ,•.r.r<n_1:v3 i .. eg corner c r • B.N. ' 1..... ! Beginning at the � corner easston t•:.�ec. $ •ntd •6, T3117 B18r. Y. -.-:i ' .of. said thence running S 89°05 Y along tt:s Suutit !•ou:dry lira the �ti. �e .:.:. Sec. G a dist+toee of. 661.95 ft. to Tlf. 3?.EL ?OI:R OF f'. �. runni.rg S �9°057'd a dtatvnce of GG1.95 et. to a Point; thence running i r'v:1 1: CO°16, 35% a iistoace" of 330.0 ft. to a -joint; thanes running N 89°0,' 9 , •3. n distance of 661.95 ft. tic a'point; thence running 9.00°16735"9 a distant of 330.0 ft. to TS VAL POUT OF BEZnDMZ. .. Tho above described property a ntains =.::1 acres surd is subject to - _::-^amts rind richts-o: +ay of record Ind in use. �k tf6•R'S YRC �.ITY -, ,rs. 5 • Acre Tact) R1S B.N., i. A parcel of iand locate3 in the Nr"lt,-�` 6, T3N, , ..kda County, Idaho, more fully described as follows: .-. .. Den: :stint at he 14 corner common to S°-. 5 and 6, T31h RIM , B•td.; 0 7 the South foundry lino of tho Ntit; of sold �- Uwne.a manning S 905 V along 1 i CI 00°1G135 � � /"l ec. G a distance of 661.95 ft • to a noir t; thence rutuv.ng ff • '19 °0 ,y a distance > distance of 330•% ft. to a-".oi.nt; thc:'co mnirC . 1$ ,. r:,2.3h ft. to a ^oiaE on tha thence Zest Section line of said Sec. 6; --Mirg ; 00°12: along. the Bast bounder line of said Sec. Gr a distance' of 33G•G ft. to nZ 3FAL iCL'>T OF BMI!'I;TIIG. • acres and is subject to The above described Property contains 5.13 _ . s.r. menta -•A :,Cht -.of-,a17 of recordand in use. e a part zz�, 01�_ _5 4 44 N u4 4'. t. Grantee To HAVE AND To HOLD Tin OW PP0131110, lith their appurtenance" unto the said Gran its beirs and sacIPM, fees 0 has caused e. Paressat to & nmdut!on of its Board of Directors IN WMM WIMZOIP. The Cassesflized Its carpar&W a&= to be hawses sad bIM President and its corporate seal to be a by Its secrehiry" .:(__:ay of September. 1978. BY Carl L. Harmon MY Randall Wal is J. ru?s or U County of Ada STATE Or MANO. COUNTY OF :seed e4f � rya OM ww 47W dw ad Sept. all. entift tbA ibb Indrawn" was sea fa ofts, '204 od,* M CS L. HARM - am a" Pea iLLIS I buiessonspla z be Paveldels We S'Wasw 49 do ANDALL W am arida Obi d Do," at P OF tiYDldt: �fEilOL t bffivc boom" A-7 Foss 3awa tor. . Nr -_�ZarY- L:, Harmon:DF 7 77i,.7,. Boise, na ,. u .cYC3E`oe' T^tMl loGltCd' i7Fali• .�l�y w`•' n. ?3N' 1!1` ��r µ,+• ?'P Adn f}gwty. Id�lao► Lmn'Tis +t,the {i. f7oTalc.Cawm;o°. ce. k 1'd 5.'�aa une of sdd eau. tr a N+eetr<+ r�rn�� II a"oo1�. li alon6 .ho shat baolrly _ ,..s dtst-m^ or ,Y;.;!. Lt. to a .+ ;014 Uwl" nnu,ilu: 1 �9i?+Ti � dL.atnNro Jf 19G6, it ft. to P:'K W." To= t71`9aT' Mt ti,ones r4mdw. S WC5 V s tt' dist-m:u of C.::.O M to a pole; I'mLtK 3 oao16 35 V a di^.t?WG G of :" 3.Y7 ft. to + :-ointj trwrca emn;R' p �%'6 n dlat:nco of (40.0 ft. to a mint; tt*mO :vmdM 4 00OW3S S a dtatu" of 323.77 ft. to �.r: L;:L amn r? p2Ir.=. TFi. at:n:'e d::,r-_hed pimm. tT cmt-LW 4.?I acres. 41 Aft mE -. CLWarcAP� r- EXHIBIT 0 v CHUCK L. WINDER, President JAMES E. BRUCE, Vice President GLENN J. RHODES, Secretary Properties West, Inc. 1401 Shoreline Drive Boise ID 83702 Re: TRACT SUBDIVISION - PRELIMINARY PLAT ADA COUNTY, IDAHO March 9, 1992 On February 27, 1992, the Commissioners of the Ada County Highway Dis- trict (hereafter called "District") approved the Preliminary Plat as stated below: FACTS & FINDINGS: 1. Tract is a 300 -lot single family residential subdivision located on the west of Locust of Road, one Chateau Drive. ht con- tructonphaesare pannedverthnxt 14,650-feetnineyearsof new public streets are planned. 2. Locust Grove is designated a minor arterial street on the 2010 Urban Functional Street Classification Map requiring a minimum 66 -foot right- of-way and 52 -foot street section with 4 traffic lanes. Locust Grove Road has 50 -feet of right-of-way and is improved with 24 -feet of paving. 3. This application was tabled on December 5, 1991, by the District Com- mission pending receipt of a traffic study which has recently been submitted. Staff is putting this application back on the agenda for consideration and approval subject to conditions. Pertinent parts of the traffic study are attached. 4. The preliminary plat shows a panned collector street extending from Locust Grove down through the middle of the subdivision with just one lot (Lot 2, Block 5) taking access to it. 5. This application is scheduled for public hearing by the Meridian City Council on February 18, 1992. The Meridian Planning and Zoning Com- mission reviewed and approved the preliminary pat on December 10, 1991. 6. There are stub streets planned to connect to the north, west, and south for future access in those directions. There is a panned subdi- ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Properties West, Inc.* 9 March 9, 1992 Page 2 vision at the south end of Lark Avenue, which may be constructed by the time that particular phase is complete. 7. The traffic study recommends that a traffic signal along with street widening be installed at the intersection of Fairview and Locust Grove. This intersection is included on ACHD's list of warranted intersections. SITE SPECIFIC CONDITIONS: 1. Dedicate 33 -feet of right-of-way from the centerline of Locust Grove abutting parcel (8 additional feet). 2. Construct curb, gutter, 5 -foot sidewalk and match paving on Locust Grove abutting parcel. Improvements shall be constructed to a 52 -foot back-to-back street section along the entire frontage of the preliminary plat. (Impact Fee credits will be allowed for the pavement widening.) 3. Direct lot or parcel access to Locust Grove is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 4. Direct lot or parcel access to Meadow Grass is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. (Lot 2, Block 5 is exempted from this requirement.) 5. Street names longer than ten letters and spaces will not be allowed. 6. The traffic signal is required at this time. It will be installed by ACHD and not required as a condition of approval for this development. STANDARD CONDITIONS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Dedicated streets and drainage systems shall be designed and construct- ed in conformance with District standards and policies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irrigation/ drainage dis- trict authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drainage appurte- nances, etc.) outside of the proposed street improvements. Authoriza- tion for relocations shall be obtained from the appropriate entity. Properties West, Inc. March 9, 1992 Page 3 6. Continue existing irrigation and drainage systems across parcel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACHD. 9. Locate driveways a minimum of 5 -feet from the side lot property lines. 10. Developer shall provide the District with a copy of the recorded plat prior to the installation of street name signs. 11. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with zoning file number) for details. 12. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. In order that the Final Plat may be considered by the District for accep- tance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-ofway, the following shall be submitted and subject to review and approval by the District: a. Two complete sets of detailed street construction drawings pre- pared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the Dis- trict to guarantee the completion of construction of all street im- provements. 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with pay- Properties West, Inc. • March 9, 1992 Page 4 ment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Road Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15 -days prior to the expiration date. Please contact me at 345-7662, should you have any questions. ADA Jon JDT cc: AY DISTRICT Services Development Services Chron City of Meridian J -U -B Engineers r pxx �uru,wo , If T, t 44 __ _ , , , = I o q gi a'1 i------, ' 1 , ________________ill U MAW , ++ , _L , , I!li�l �;j;i� ji ii Ili � " , • � ' .. a iii•' ++ , . ' ;• ; Y . �;. _ .� •, �., �_._.1 a .t!• ,/\ Y . `._ C •Y� [ p 1`i�l►ill jiltF }1 :Y J I, ••• �' Y -7 Y Y II `i � � ��� xa• rw•r_ "", _ -a. '��•,{t 11 �1 ,Y 6 � 1 - _ —1 Tautf • nein --"_ to F;�-----'-- r-----,`,''• ��� • 111�,'i� "_• E� s tett;ii � 10 Jilt ii� sttae+ lit ; 1�11i,1aA,Ij jilt s�11 t � ,--------�' 1 tetft[ m i [ INS, 4 r� 0 AMBROSE, FITZGERALD & CROOKSTON ATCORNEYS AND COUNSELORS 1530 WEST STATE, F. O. BOX 427 MERIDIAN, IDAHO 83642 GRANT L. AMBROSE (19154968) JOHN O. FITZOERALD, P.A. WAYNE G. CRCOKSTON. JR., F. A. WILLIAM J. SCHWARTZ Jack Niemann City Clerk City of Meridian 33 East Idaho Meridian, Idaho 83642 THIS RR INCLUDES PROFESSIONAL COPEOMTIONS April 9, 1992 RE: MERIDIAN MANOR NO. 7 SUBDIVISION HUNTER POINTE SUBDIVISION Dear Jack: TELEPHONE 8881961 AREA CODE 208 The above covenants for the Meridian Manor No. 7 are now approved, as they have made the changes that I requested. Also regarding the Hunter Pointe Subdivision covenants they meet with my comments as well. Very truly yours, WAYN G. CR OL JR WGC:msg FEBRUARY 14, 1992 MAYOR COUNCIL MEMBERS ATTORNEY INGII4EER ATTACHED ARE THE COVENANTS ON TRACT SUBDIVISION # I FOR YOUR REVIEW. THESE WILL BE ON THE AGENDA FOR MARCH 3, 1992: Jack NIemam City Clerk page I — Ayt oy-wttovt • Tkis sptoL4 +o b plates. Tl%t ppl- iwnn plox S Ino w s 9. 2- �fasL 3— AlneLS 3II-C.— IytAildnn�q Sice— YVliiniv�um S�t^a►e �e,udeq< dt,owlc be 1354 - 3. page 4R- Ttip of page— ge-f n -4U +o A-d.a County j0vvj Kgklaikohs. S k owed tWtS bot ► e F even, O1 "'h C. tq 01 k crud iavt 4pale 4 - ( F) Ql.tfctbr'cated dwcll,L'� Aypwved 'c' pa4t 5es sl,oKld be 3' is $ l ll„e 9 -Tb IivL6 iiovw iv batty. of the pavagr-aph dvesh'} hiAke R"Ge +n v►�¢. Th -I-kt las} stn+eHce 1$',L Vt'ff)"e0 C plolht +V 14 fVt4CIO, �tcigh+ skoHdd be +i..e, s+" -t,+ kwA, wo+ i" adjacevO yvvurd surface. b• �n9t b- (N) - TU las+ seh4evAc.a, o- +%,t �jys+ po"gmp►, Jots ho4 compu{-e- ( tv ml ) 1. p414. 15 (CI) - gygtnaqe SHskW-S - - vevbage re-fgas onlh +o IaMd scaped 6e4mA and spri„klev sys+w„• Slnouldn4- -Wts Seefiovt r'+), +o Ik-L Sub-Suriv.ee s+Kt,+ dra►„aged disposal, swaAes ? 01¢ hat Ac-” agreed ¢o mavwtcww tkeae swaks ? 0 0 FEBRUARY 14, 1992 MAYOR COUNCIL MENIBEERS ATTORNEY ENGINEER ATTACHED ARE THE COVENANTS ON TRACT SUBDIVISION # I FOR YOUR REVIEW. THESE WILL BE ON THE AGENDA FOR MARCH 3, 1992: Jack Nlenann City Clerk OJ -U -B ENGINEERS. INC. _ 1220 E. Cleveland Boulevard Caldwell, Idaho 83605 Phone (208) 454-6595 TO L&R OF TRANSMITTAL DATE /-C70- PROJECT NAME ATTENTI�ON. RE / Y/ (O GENTLEMEN: �_-�/ WE ARE SENDING YOU L ATTACHED ❑ UNDER SEPARATE COVER VIA ❑ SHOP DRAWINGS ❑ PRINTS ❑ PLANS ❑ SAMPLES ❑ SPECIFICATIONS PROJECT NO. IBZJ70 THE FOLLOWING ITEMS. ❑ COPY OF LETTER ❑ CATALOG SHEETS LI CHANGE ORDER COPIES DATE OR NO DESCRIPTION 3 THESE ARE TRANSMITTED AS CHECKED BELOW: FOR APPROVAL AS REOUESTED ❑ RETURNED FOR CORRECTIONS ❑ FOR YOUR USE ❑ FOR REVIEW AND COMMENT ❑ FOR BIDS DUE . 19 ❑ PRINTS RETURNED AFTER LOAN TO US MARKS: IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE. COPY FOR RECEIVED BY. S DATE PLEASE SIGN. DATE AND RETURN WHITE COPY 0 0 DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS TRACT SUBDIVISION (MARKETED AS HUNTER POINTE) DATED. RECORDED: INSTRUMENT NO. ARTICLE I KNOW ALL MEN BY THESE PRESENTS. That the undersigned does hereby certify and declare that they are the owner of the property hereinafter described: All of the lands located in Lots 1 through 15 of Block 1 and lots 1 through 11 of Block 2, lots 1 through 6 of Block 3, Lots 1 through 9 of Block 4 and Lot 1, Block 5 of Tract Subdivision, Phase ill (marketed as Hunter Pointe), Ada County, Idaho, according to the official plat hereof on file in the office of the County Recorder of Ada County, State of Idaho. NOW THEREFORE, the undersigned hereby declares that these protective restrictions and covenants shall run with the land described herein and shall be binding upon the parties hereto and all successors in title of interest to said real property or any part thereof, for a period of thirty (30) years from the recorded date of these covenants at which time said Protective Restrictions and Covenants shall be automatically extended for successive periods of ten (10) years unless the owners of legal title to not less than two-thirds (2/3) of the platted residence tracts of platted lots by an instrument or instruments in writing, duly signed and acknowledged by them shall then terminate or amend said Protective Restrictions and Covenants and such termination or amendment shall become effective upon filing of such instrument or instruments for record in the office of the Recorder of Ada County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the record of this Declaration in which the Protective Restrictions and Covenants are set forth and all amendments hereof. A. Annexation. Declarant presently intends to develop Phases I through VI of the property. The annexed property (Phases II through VI), at the Declarant's sole discretion, may be used and developed for any purpose allowed under appropriate zoning regulations. Such other phases may be brought within the provisions of this Declaration by Declarant, it's successors or assigns, at any time and from time to time, without the approval of any owner, the Association or its Board of Directors. Tract Subdivision (marketed as Hunter Pointe) Declaration - Page 1 a. Additional Properties. Subject to the provisions of Paragraph A above, 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 any Supplemental Declaration. C. Procedure for Annexation. The additions authorized under Paragraph 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 to such other properties suject to the changes, modifications, deletions and additions as are applicable to such other Declaration. The filing of record of said Supplemental Declaration shall consititue and effectuate the annexation of the other properties or portion thereof described therein, and thereupon said other properties or 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 of easements and equitable servitude contained herein as modified by such Supplemental Declaration for such other properties or portion thereof, and become subject to the functions, powers and jurisdiction of the Association and the owners of lots in said other properties or portion thereof shall automatically become members of the Association. Such Supplemental Declaration may contain such additions, modifications or declarations of the covenants, conditions, restrictions, reservations of easements and equitable servitude contained in this Declaration as may be deemed by Declarant desirable to reflect the different character, if any, of the other properties or portions thereof, or as Declarant may deem appropriate in the development of the other properties or portion thereof. D. Approval for annexation. In addition to the foregoing procedures, as long as there is Class a membership in this corporation, annexation must have HUD/VA approval. ARTICLE II BY GRANTOR. Until the close of escrow for the sale of the first building lot in the Property, the provisions of the Declaration may be amended or terminated by Grantor by recordation of a written instrument setting forth such amendment or termination. For the purpose of this Declaration, the close of escrow shall be deemed to be the date on which a deed granting a building lot is recorded in the office of the Ada County Recorder. Tract Subdivision (marketed as Hunter Pointe) Declaration - Page 2 9 9 BY OWNERS. Amendment of the Declaration of Protective Restrictions and Covenants requires at least two-thirds (2/3) vote of the lot owners. PROVIDED HOWEVER, such amendments provided for herein shall be first subject to the approval of Federal Housing Administration and/or the Veterans Administration. Any amendment must be recorded and the same shall become effective upon the filing of such instrument or instruments in the office of the County Recorder of Ada County, Idaho. ARTICLE III PROPERTY USE RESTRICTIONS A. Building Restrictions._ All lots in said subdivision shall be known and described as residential lots and restricted to residential use as allowed by current applicable zoning regulations and no structure shall be erected upon building site therein other than one detached single family dwelling with none of the dwellings erected to exceed two (2) stories in height. B. Type of Building. All buildings shall be of frame, stone or brick and shall be maintained in a good state of repair and if other than brick or stone shall be finished and painted and such finish to be kept in good repair. Said property shall be used in such manner as to be inoffensive to any other property owner thereof. Architectural Asphalt shingles, equivalent to PABCO HO -25 CLASS A SLIT or wood shingles or as approved by the Architectural Control Committee are required. The roof pitch for all buildings shall be six -twelve (6/12) pitch or greater. C. NInimun Building Size. Any residential building erected upon said property shall have a floor area required under provisions set by the Architectural Control Committee. In no event shall the required area be less than 1,300 square feet of ground floor area of a one-story house or 800 square feet of first floor area in the case of two-story. No split entry buildings are allowed. The minimum ground floor area shall be exclusive of garage, carport, patio, breezeway, storage room, porch and deck floor area. No buildings shall exceed thirty- two (32) feet in height unless approved by the Architectural Committee. All dwelling units must be constructed with a minimum two (2) car attached garage. D. Building Location. No dwelling unit or other structure (exclusive of fences and similar structures) shall be placed nearer to the building lot lines than permitted by the plat for the property or applicable zoning laws. The subdivision is located in an R-8 zone with the following setbacks: Front: Twenty (20) feet Side: (Interior lot line) five (5) feet per story Side: (Corner lot line) twenty (20) feet Rear: Fifteen (15) feet T: -act Subdivision (marketed as Hunter Pointe) Declaration - Page 3 0 0 In no event is any building to be located with setbacks in violation of Ada County zoning regulations in effect at the time of the recording of these documents. All foundations shall be of a height to assure and provide for proper slope and drainage from all lots. E. Prosecution of Construction Work. The construction of each dwelling and associated structures shall be prosecuted diligently and continuously from time of commencement thereof until such dwelling and associated structures are fully completed and painted. All structures shall be completed as to external appearance including finish painting, within three (3) months from the date of commencement of construction unless prevented by causes beyond the control of the owner or builder and only for such time as that cause continues. F. Moving of Building. Construction of outbuildings -- No buildings or structures shall be moved onto said real property or building site except a new fabricated structure of a type and design approved by the Architectural Control Committee as established herein. Further provided, that a new fabricated building or structure shall have a HUD -FHA structural engineering bulletin issued and in current existence. No trailer houses or mobile homes shall be parked in any street or within building setback lines. No mobile home, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently, nor shall any residence of a temporary character be permitted. G. Billboards -Signs. No sign of any kind shall be displayed to the public view on any residential building site except one professional 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. Mining and Drilling Operations. No portion of the property or any lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons, minerals, rocks, stones, gravel, earth or steam. I. Excavation Defacing of Landscape. No excavation for stone, sand, gravel, earth, or minerals shall be made upon a building site unless such excavation is necessary in connection with the erection of an approved structure thereon. J. Refuse Disposal - Material Storage. No lot shall be used as a dumping ground for rubbish or as a storage site for building or other materials, trash, garbage, ashes and other waste or refuse. Such materials shall be kept only in suitable sanitary containers and shall not be thrown, dumped or otherwise disposed of upon the real estate. All incinerators Tract Subdivision (marketed as Hunter Pointe) Declaration - Page 4 or other equipment for the storage or disposition of such material shall be kept in a clean and sanitary condition with such material being periodically disposed of as required by appropriate local health authorities. K. Fences - Hedges. No fence, wall, hedge or shrub planting which obstructs sight lines at elevation between 4 and 6 feet above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at points 25 feet from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. No fence, wall, hedge, or shrub planting which obstructs view shall be placed nearer to front lot line than twenty (20) feet nor to street side yard of fifteen (15) feet, but in no case closer to street than building setback line. Fences shall be constructed of dog earred cedar pickets. No fence shall be greater than six (6) feet in height above finished graded surface of the ground upon which such fence is situated. L. Landscaping. Within thirty (30) days after the completion of construction of the building on a building lot (unless such time is extended by the Architectural Committee for good cause), the Grantee of such lot shall install the landscaping. Landscaping must include the following: 1. Sod for front and side yards of corner lots 2. Sod for front yards of interior lots 3. All front yards to have at least one (1) approved tree having a diameter of at least two (2) inches. A grantee shall maintain the landscaping on his building lot in a neat and attractive condition, including all necessary gardening to properly maintain and periodically replace when necessary the trees, plants, grass and other vegetation. It is understood that the Grantor is filing and recording documents to set up a Property Owners Association of Tract Subdivision (marketed as Hunter Pointe) for the purpose of maintenance of all landscape easement areas. M. Animals. 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. All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. No owner or owners of a building lot may keep more than two (2) domesticated pets on a building lot. No dog runs or kennels shall be permitted Tract Subdivision (marketed as Hunter Pointe) Declaration - Page 5 to be kept or placed within five (5) feet of the property line of any lot, or within five (5) feet of a setback line where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no event shall such structures be visible from a street. N. Sewage Disposal Systems Water and Utilities. No individual sewage disposal system shall be used and each Grantee shall hook on to the Meridian City Sewer System and pay all charges assessed therefor, including the monthly sewer charge to be paid after connecting to the Meridian City public sewer system, according to the ordinances and laws of Meridian City and or Ada County. Grantee shall submit to inspection by either the Department of Public Works or the Building Department whenever a subdivided lot is to be connected to the sewage system constructed and installed on and within its property. All lots shall use water provided by the Meridian Water Department, no lot shall have an individual water system. Such Grantee agrees at his sole expense to pay connection charges as established by applicable utility entity connecting thereto. The undersigned owner shall not be liable for the cost thereof but may recover funds advanced to utilities after installation. Each owner of a lot shall be responsible for maintaining, repairing and replacing the sewer services and/or public water connection lines which service the owner's dwelling unit on the lot. Any utility easement which exits for the benefit of the owners of any lot within this development shall be accessible for repair/replacement of said utility line lying within the easement. All utility services shall be underground, including without limitation, telephone, electricity and cable television. 0. Antennae. No television antennae, satellite receivers or radio aerials shall be installed or allowed to remain on the property other than the interior of a unit. 10 Other Items. No unsightliness shall be permitted on any lot or common area. Without limiting the generality of the foregoing, all unsightly facilities, equipment or structures shall be enclosed within approved structures, or appropriately screened from view. Travel trailers, recreational vehicles (must be less than 26' long, 10' high and 8' wide), boats, tractors, snow removal equipment, golf carts, garden or maintenance equipment shall at all times, except when in actual use, be kept in an enclosed structure or screened from view. Refuse, garbage and trash shall be kept at all times in coffered, reasonably noiseless containers which shall be kept within an enclosed structure or appropriately screened from view. Service areas, storage piles, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view. No lumber, grass, shrubs or tree clippings or scrap or refuse or trash Tract Subdivision (marketed as Hunter Pointe) Declaration - Page 6 • shall be kept, stored or allowed to accumulate on any lot or common area. Q. Lights. Sound - General. No light shall be emitted from any lot within the property or from common areas which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any lot or common area which is unreasonably loud or annoying, and no odors shall be emitted on any property which are noxious or offensive to others. R. Zoning Compliance. Each owner shall comply with all applicable zoning, fire and public health and safety codes and ordinances applicable to the owner's building lot. Tract Subdivision (marketed as Hunter Pointe) Declaration - Page 7 ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE A. Members of the Committee. The Architectural Committee, sometimes referred to as the "Committee", shall consist of three (3) members. The following persons are hereby designated as the initial members of the Committee: Bob Jones Dan Frison Jon Barnes 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 ten percent (10X) of the lots, Grantor shall have the right to appoint and remove all members of the Committee. Thereafter, the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to appoint and remove all members of the Committee. In the event of the death or resignation of a member of said Committee a representative will be appointed to fill the vacancy. The powers and duties of such Committee or of its designated representative shall close after all lots have been sold and the building(s) described in Article III have been completed. Thereafter the approval described in this covenant shall not be required unless prior to said date and effective thereof a written instrument shall be executed by the then recorded owners of a majority of the lots in this subdivision and duly recorded appointing a representative or representatives who shall thereafter exercise the same powers previously exercised by said Committee. Neither the Committee nor any Member thereof nor its duly authorized Committee Representative shall be liable to any owner or Grantee for any lose, damage or injury arising out of or in any way connected with the performance of the Committee's duties hereunder unless due to the willful misconduct or bad faith of the Committee. No member of such Committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. C. Review of Proposed Construction. No building shall be erected, placed or altered on any building lot in this subdivision until the building plans, specifications and the plat plans showing the location of such building shall have been approved as to location of the building with respect to topography, property lines and finish ground elevation by the Committee. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition on the basis inter alia of aesthetic consideration of color schemes, exterior finishes Tract Subdivision (marketed as Hunter Pointe) Declaration - Page a and materials and similar features and the overall benefit or detriment which would result to the immediate vicinity and the property generally and the other standards and requirements set forth herein. Exterior colors shall be neutral colors only. No green, blue, red, pink, yellow or purple colors shall be allowed on exterior walls- r•shall its Committee approval not any be responsible for reviewing, plan design be deemed approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. The Committee may act with a simple majority present to fulfill it's duties and powers. The Committee shall have full power to approve or disapprove such designs or location within ten (30) days after such plans and specifications have been submitted. One non -returnable plan must be submitted to the committee and approval or rejection of such plan will be issued in writing. ARTICLE V VACATIONS, RELOCATIONS, EASEMENTS The undersigned owners further reserve to themselves, their licensees, successors and assigns, the right and power to vacate and relocate or to plat new streets by instrument filed of record, any street or alley as long the undersigned owner owns each of the parcels which are adjacent to the street both vacated and relocated on the new and old right-of-way and provide an adequate roadway in place of any vacated. Provided, nevertheless, vacation and relocation, easements, right-of-ways and streets allowed hereunder shall be made in accordance with the minimum standards of the State of Idaho, Ada County and Meridian, Idaho laws and ordinances and regulations thereunder in relation to platting in effect at the time of the construction of improvements. This provision shall not be deemed to include any provisions of statute giving any Grantee hereunder the right to object to such variances, relocations, vacations and dedications and such rights of protest are transferred to the undersigned owners hereunder. Where any restrictions, easement or dedication herein vary from the requirements of the subdivision or other ordinances of the city or county having jurisdiction and the requirements of the city or county ordinances relative to subdivision are more restrictive, said more restrictive requirements shall be deemed to be a part hereof as if set forth herein as part of these Restrictive Covenants. This limitation shall apply in particular to locations of public easements and ways where the same are particularly required by such ordinances but not set forth herein. VIOLATIONS OR ATTEMPT TO VIOLATE RESTRICTIONS That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants any other person or persons owning any real property embraced in the said Tact Subdivision (marketed as Hunter Pointe) Declaration - Page 9 0 0 subdivision plat shall use these Protective Restrictions and Covenants either to prevent him or them from doing so or to recover damages sustained by reason of such violation. Any owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. In the event of judgment against any person for violation of this Declaration the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees and Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. The invalidation of any provision, sentence or paragraph contained in these Protective Restrictions and Covenants by judgement or court order shall in no way affect or invalidate any of the provisions, sentences or paragraphs of said Protective Restrictions and Covenants but the same shall be and remain in effect. ARTICLE VI TRACT SUBDIVISION HOMEOWNERS ASSOCIATION,_ INC. Marketed as HUNTER POINTE 6.1 Organization of Association. The Tract Subdivision (marketed as Hunter Pointe) Homeowner's Association, Inc. (Association) shall be organized by Declarant as an Idaho corporation under the provisions of the Idaho Code relating to general non- profit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, By -Laws and this Declaration. Neither the Articles nor the By -Laws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with the Declaration. 6.2 Membership. Each owner (including Grantees and Declarant) of a lot 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 hereinafter set forth with respect to voting. Memberships in 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. Tract Subdivision (marketed as Hunter Pointe) Declaration - Page 10 0 0 6.3 Voting. The Association will have two (2) classes of voting memberships. A. 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. B. Class B. The Class B member shall be the Declarant. Upon the first sale of a lot to an owner, declarant shall thereupon be entitled to four (4) votes for each lot of which declarant is the owner. The Class B membership shall cease and be converted to Class A membership when seventy-five (75%) percent of the lots are deeded to homeowners. 6.4 Board of Directors. 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 the Articles and By -Laws, as the same may be amended from time to time. The initial Board of Directors of the Association shall be appointed by the incorporators or their successors and shall hold office until the first annual meeting, at which time a new Board of Directors shall be elected in accordance with the provisions set forth in the By -Laws. 6.5 Power and Duties of the Association. A. Powers. The Association shall have all the powers of a non-profit corporation organized under the general 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 By -Laws 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 areas and the performance of the other responsibilities herein assigned, including without limitation; 1. Assessments. The power to levy assessments (annual, special and limited) on the owners of lots and to force payment of such assessments, all in accordance with the provisions of this Declaration. 2. Right of Enforcement. The power and authority from time to time in its own name, on its own behalf or in behalf of any owner or owners who consent thereto, to commence and maintain actions and suits Tract Subdivision (marketed as Hunter Pointe) Declaration - Page 11 to restrain and enjoin any breach or threatened breach of this Declaration or the Articles or the BY -Laws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions hereof. 3. 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 so delegated. 4. Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules and regulations as the association deems reasonable (the Association rules). The Association rules shall govern the use of the common areas by the owners, families of an owner, or by an invitee, licensee, lessee, or contract purchaser of an owner; provided, however, the Association rules may not discriminate among owners and shall not be inconsistent with this Declaration, the Articles or By -Laws. 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 were set forth in and were a part of this Declaration. In the event of any conflict between any such Association rules and other provisions of this Declaration, or the Articles or By -Laws, the provisions of the Association rules shall be superseded by the provisions of this Declaration, the Articles or the By -Laws to the extent of any such inconsistency. 5. Emergency Powers. The Association or any person authorized by the Association may 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. 6. Licenses Easements and Rights -of -May. The power to grant and convey to any third party such licenses, easements and rights-of-way in, on or under the common area as may be necessary or appropriate for the orderly maintenance, preservation of the health, safety, convenience and welfare of the owners, for the purpose of constructing, erecting, operating or maintaining: Tract Subdivision (marketed as Hunter Pointe) Declaration - Page 12 0 0 a. Underground lines, cables, wires, conduits and other devices for the transmission of electricity for lighting, heating, power, telephone and other purposes; b. Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes; and c. 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. 7. Duties of the Association. In addition to the power delegated to it by the Articles, without limiting the generality thereof, the Association or its agent, 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 of 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 all 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 Association; provided, however, that they are paid or a bond insuring payment is posted prior to the sale or disposition of any property to satisfy the payment of such taxes. In addition, the Association shall pay all other taxes, federal, state or local, including income or corporate taxes levied against the Association in the event that the Association is denied the status 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 other property owned or managed by it. Tract Subdivision (marketed as Hunter Pointe) Declaration - Page 13 0 0 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 other property owned or managed by it. Limits of liability of such coverage shall be as follows: Not less than Five Hundred Thousand Dollars (4500,000.00) per person and Five Hundred Thousand Dollar ($500,000.00) per occurrence with respect to personal injury or death, and property damage. 2. Such other insurance including Workmen's 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 other person charged with the management or possession of any Association funds or other property. 3. The Association shall be deemed trustee of the interest 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. 4. Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. 5. Notwithstanding any other provisions herein, the Association shall continuously maintain in effect such casualty, flood and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements of PUD projects established by the U.S. Department of Housing and Urban Development. Tract Subdivision (marketed as Hunter Pointe) Declaration - Page 14 0 0 E. Rule Making. Make, establish, promulgate, amend and repeal the Association rules. F. Architectural Committee. Appoint and remove members of the committee, all subject to the provisions of this Declaration. G. Drainage Systems. Operate, maintain, repair and replace the landscaped berm, including the sprinkler system installed thereon. H. Right-of-Wav Maintenance. Maintain, repair and replace the landscaped berm, including the sprinkler system installed thereon, and the fence located on the public right-of-way which lies along the boundary of the Property. I. Irrigation Maintenance. Maintain, repair and replace all irrigation lines or channels located in or serving the common area, and to pay all maintenance and construction fees of the irrigation district with respect to the property, ch amounts shall be assessed against each lot as provided herein. 6.6 Personal Liability. No member of the Board or any committee of the Association, or any officer of the Association, or the Declarant, or the manager, if any, shall be personally nliable e to any owner, or to any other party, 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 committee, or any other committee, or any officer of the Association, or the Declarant 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. ARTICLE VII COVENANT FOR MAINTENANCE ASSESSMENTS 7.1 Creation of the Lien and Personal Obligation of Assessments. For each lot owned within the Properties, each owner (subject to the provision in paragraph 7.4) by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: A. Set up fee to be collected at close of sale to homeowner in an amount equal to one year's regular assessment Fifty and no/1009 dollars ($50.00) B. Annual regular assessments or charges, and Tract Subdivision (marketed as Hunter Pointe) Declaration - Page 15 C. Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. D. Limited assessments as hereinafter provided. The set up fee, annual, special and limited assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessment shall not pass to his successors in title unless expressly assumed by them. A. Purpose of 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, and to pay the annual assessments of the irrigation district and other financial obligations. B. Special Assessments for Capital Improvements. 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, the cost 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 have the assent of two- thirds (2/3) of the qualified voters, either in person or by proxy at a meeting duly called for this purpose. C. 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, including, without limitation, costs and expenses incurred for the repair and replacement of the common area or other property owned or maintained by the Association, da. -aged by negligent or willful acts of an 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. 7.2 Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual regular assessment shall be Fifty and no/100s dollars ($50.00) per lot, to be billed and paid semi-annually. Tract Subdivision (marketed as Hunter Pointe) Declaration - Page 16 0 0 A. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased each year not more than five percent (5%) above the maximum assessment for the previous year without a vote of the membership of the Association as provided below. B. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above five percent (5%) by a vote of three-fourths (3/4) of the owners who are voting in person or by proxy, at a meeting duly called for this purpose. C. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. 7.3 Notice and Quorum tar an nct�uu �u�..�•-�_- - -- --- - and 7.2. Written notice of any meeting called for the purpose of taking any action authorized under Sections 7.1 and 7.2 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast fifty one percent (51%) of the votes 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. 7.4 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a semi-annual basis; provided, however, that during the time there is a Class B member, such Class B member's obligation shall be limited to the difference between the amount of regular and special assessments levied against all lots not owned by Declarant and the amount of the Association's actual expenses. 7.5 Date of Commencement of Annual Assessments.- Due Dates. The annual regular assessments provided for herein shall commence as to all lots on January 1, 1993. 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 a 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. Tract Subdivision (marketed as Hunter Pointe) Declaration - Page 17 0 0 7.6 Effect of Nonpayment of Assessments - Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of six percent (6%) per annum. The Association may bring an action at law against the owner personally obligated to pay the same, or foreclose 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. 7.7 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 became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. 7.8 Effect of Nonpayment as Against Mortgagees. No mortgagee shall be required to collect an assessment, and the failure of a lot owner to pay assessments shall not by itself cause a default under an insured (HUD/VA) mortgage. ARTICLE VIII Identification and Use of Common Area 8.1 Common Area. The common area granted to the Tract Subdivision Homeowner's Association, Inc., an Idaho Corporation, (marketed as Hunter Pointe), for Phase I, is described as: Lot 1 Block 1 Lot 1 Block 4 Lot 1 Block 5 This common area shall be conveyed to the association free and clear of all liens and title encumbrances (other than easements, taxes, and common restrictions). 8.2 Use. Every lot owner shall be entitled to a right and easement of enjoyment to the common area, and the title to the common area shall be considered appurtenant to the lot owner's title. 8.3 Mortgage of Common Area. The common area cannot be mortgaged or conveyed to anyone without the consent of at least two- thirds of the lot owners (excluding the Declarant). 8.4 Liability to Lot Owners. No individual lot owner shall have liability for damage to the common area or liability for injury to another arising out of someone's use of the common area, merely by virtue of being a lot owner. Tract Subdivision (marketed as Hunter Pointe) Declaration - Page 13 0 0 IN WITNESS WHEREOF, the undersigned owner has executed this Declaration of Restrictions and Covenants on the day of 1992. Jon L. Barnes President, Properties West, Inc. STATE OF IDAHO County of Ada On this day of 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared Jon L. Barnes, known to me to be the person whose name is subscribed to the within and foregoing 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 written above. Notary Public for Idaho Residing at Boise, Idaho My commission expires _ Tract Subdivision (marketed as Hunter Pointe) Declaration - Page 19