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.
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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
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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.
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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.
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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.
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Reviewed by Date
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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
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TWT Sl DMS ION
VICINITY,: MAP
SCALE, I'f' 6001
E. USTICK RD.
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FUTURE
MER I OIA N
PLACE III Le
MERIDIAN PLAC
CHIEF
JOSEPH
SCHOOL
GE M
UUT PARK
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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.
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'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
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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
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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
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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
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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
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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
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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,
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CLWarcAP�
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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
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AY DISTRICT
Services
Development Services
Chron
City of Meridian
J -U -B Engineers
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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
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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.
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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
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Declaration - Page 9
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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.
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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
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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:
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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.
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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.
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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
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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.
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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.
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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.
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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 _
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