The URL can be used to link to this page

King Street Station Subdivision FP • • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON JANICEL.GASS,CityTreasurer CITY OF MERIDIAN ROBERTD.CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, waste water supt. Planner & Zoning Administrator KENNY W. BOWERS, fire Chief IDAHO 83642 MERIDIAN L. "BILL" GORDON, Police Chief W , JIM JOHNSON . WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: AuQUSt 9. 1994 TRANSMITTAL DATE: 7/22/94 HEARING DATE: 8/16/94 REQUEST: Final Plat for Kinq Street. Station Subdivision BY: D.J. Investments LOCATION OF PROPERTY OR PROJECT: East of Meridian Road and South of King Street JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z -CHARLES ROUNTREE, P/Z -TIM HEPPER, P/Z -GRANT KINGSFORD, MAYOR -RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C _MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: REST FOR SUBDIVISION APPR~AL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION $'.f (.I~ ' ~ !~ J~ 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 Name of Annexation and Subdivision, King Street Station Subdivision 2. General Location, SW 1/4. SW 1/4. Section 7. T.3N.. R.1E. 3. Owners of record, D. J. Investments Address 155 Shooting Star Isle. Foster City. CA ,Zip 94404 Telephone X415) 574-9111 4. Applicant, D. J. Investments Address, 155 Shooting Star Isle Foster Citv. CA. 94404 5. Engineer, Stan McHutchison. P.E. Firm Briggs Engineering. Inc. Address 1111 S. Orchard. Suite 600. Boise. ID Zip 83705 Telephone 345-2881 6. Name and address to receive City billings: Name D. J. Investments Address 155 Shooting Star Isle. Foster CitX, CA 94404 Telephone (415) 574-9111 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 1.16 2. Number of lots (20 Buildable) (1 Common Lot) 930730 (1) 3. 4. 5. 6. 7. 8. 9. Lots per acre 18.~ • ,~ r,^ Density per acre 17.24 ,~ ~ ~ ~ 4 1~~4 Zoning Classification(s) OT C~j Y `~.~' t~..y=;<-i::. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification N/A Does the plat border a potential green belt No Have recreational easements been provided for No Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? No Explain Common areas will be utilized by homeowners For future parks? No Explain 11. What school(s) service the area Meridian Elementary , do you propose any agreements for future school sites No ,Explain 12. Other proposed amenities to the City Central Water Supply Hydrants Fire Department ,Other Central Sewer ,Explain 13. Type of Building (Residential, Commercial, Industrial or combination) Residential 14. Type of Dwelling(s) Single Family,Duplexes, Multiplexes, other (5~ Townhouse Buildings with 4 Units per Building 15. Proposed Development features: a. Minimum square footage of lot(s), 540 b. Minimum square footage of structure(s), 1053/Unit c. Are garages provided for, No square footage d. Are other coverings provided for Yes e. Landscaping has been provided for Yes ,Describe Landscaping in common areas and landscape buffer along Kinp Street and Meridian Road 930730 (2) Trees will be ~vided for Yes ,trees will be maTfCained by Homeowner's Association g. Sprinkler systems are provided for Common areas and maintained by Homeowner's Association h. Are there multiple units Yes ,Type Townhouses Remarks Are there special set back requirements Yes Explain Fire Department has requested 5 feet ep r story between buildings j. Has off street parking been provided for Yes Explain Off-street ap rking areas are provided with twos ap ces per unit k. Value range of property N/A I. Type of financing for development Conventional m. Protective covenants were submitted No ,Date Covenants will be submitted for City review 16. Does the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPLIANCE: 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. 930730 (3) • KING STREET STATION STATEMENT OF COMPLIANCE ~^~~r~~ .~l~I.. 1 k ~t~;~~ 1. The existing section of King Street will be improved to Ada County Highway District standards, which includes pavement widening, curb, gutter and sidewalk. The section of Meridian Road which abuts the parcel will not be improved by the developer. Ada County Highway District is requiring monies be placed in a trust fund for future Highway District improvements. Williams Street will be improved with additional paving as requested by Ada County Highway District. 2. The proposed development is in compliance with the Meridian Comprehensive Plan in effect at the time of submittal of the application. The Old Town District encourages revitalization of older neighborhoods and infill development. The Old Town zone also promotes mixed use development which includes multi-family projects. 3. The development will be connected to central services. 4. The proposed project complies with the Meridian Zoning Ordinance with the exception of zero lot-line development. A Variance request was granted by the City Council for the zero lot-line design and a Conditional Use permit was granted on the project. 5. All appropriate easements are delineated on the final plat. 6. No new streets are proposed in this development; therefore, the subdivision is in compliance with the City Grid System. 7. This project was designed in conformance with standard engineering, architectural and surveying practices. The engineering plans have been reviewed by the City Engineer and we have received comments concerning minor modifications. 930730 11-Dy-ys u3~,~~t~ •mrs rcews ;y~mHSa coar-ra~ as. STEWART T1TI+I~t i aaen w rrrn~ •y x :t1A 4'.ui;TY. I0. F4:t J. DAVID ,:f~t'R1:U '~~~~ RECORDER 8Y s '93 RU6 2 ,~I910 57 ~~~~ :EA90V8T1t16LR1S 93a~~J'R',6'l. l Oztier Ho.: VVA,~titANTY D + ~ D ~,~~a;~ d~xibed real DcapertY in dcsc~bad sts foriows, to wk: pig s3t~t forth ou the attached gXRIBIT "A" , which by this xsParence becomes a part nereol. Cl~[ Y ~ c • MARi/ORIB A. DBI9TON, A ~~~ tit>r~-N ~ iA3 HSR $OI,,E pOA VALUE ~ A MARRIBn 1lOt~N AAD ggp}.1RATB PROPERTX ~ BARBARA Rs. ~,xm sxsv»g PROg~ ~T~ ~~,,, s,~, a~ cariva~r una D.T navass. {fRANT'DRt~, does(do) h~l I1QC. , AN ~~ CpRppRATIOIQ _ dam), whew curcmit edslresa is: 1435 S~BILLSD7f~T,B BAUD • ' of Idaho. moc~ ~Y County, State gniESm} wiW their agpstttsns+l~ ~u the raid ?. ~ TO HAVE AND TO HOU7 the said pr " do hereby oovesaaut tv.and with the sstid (tee(s) heirs and seslSns ibrcya• And tha said (~+~Qf said premlxs ~ tlret said P~~~ are free flrom Ciractec(s),; ~ t3rancodi} isdace the owner(s) in f~ shap ~$ ~~ ~ trace , evaauf ~ whlcr t131s corlaryancc it exprn~slY r~I all ms:nmb~COCes. SXCePT ~ ub c~ t4 rassestratiort~ ressaittio t~ ~' i~c3lt1 y~aaseatuna~ts. or done by;dte t3rantee(a); j t~ ~ its, includlnB irri6 a fx- (if aRY) of rec~d.~ s ~ ~ ~ due and payable. sad ~ mss) will watrxaffi sad dda~d ;f~fozthecurset-t yee<~ t!-e same from all [awful clstdms wha~aY~. Dated: July a 6 ~ 19 93 L ~ Op; A. DBNT01i COUI'lTY` OF '7 i ~"'" On chiso~'~><~~Y of ~ii-QJ~ , in the ear of pubL'c in sled for said State, A1ly~r~ ~JORIE .rte HARSARA RC1~R0 ~'7 g3 ~ before ma, t3ie 18~• a ~'1obd~ p,. DEN'1'ON 1 Gibed to the within i~+ ~ Sa-own of identified to me to 6e tba at)he satne.s) Ware aub~ acknowlo~ged tri ttte that helshe tlttheY Slgnatuse' ~"" ~ AMY C. fOttD NaL1UC' MoYws Polle.9aM at gem //~ v _ S 1r7 O"riaiw EN+~ ~1~96 ltesldl»g 8t IV 'ha. ter.. /~.u.un'tteion E7LDSTlti: I~ `~~~4 ~~i-aiv at ll~ wa.~o s asadolr r »m>r +1cr IN 1~7 ~ V tsaa0' ~ '- I R~~ I ;E~~ I~ L ~~ ~$ ~~ o~ ~~ IN N. M®lIDIAN ROAD ~~ ~ 3 ~'iV.-.~~ ~ - ~•~ - J U 1. t 4 `~ ~~ ~ ~~u I ~i-ra.~ r. st ~~ a aeafls r pall tiLal' sC ,a.as R ~r ti ~ $ •' . . ~. M oOaaVa' i ~i OodO'oa~ a + ~ $ 1~ , • • •I ~ aos • d ~ aeas ~ ~ aeries r w aoaeor r '~ I 1 1 11 s I ~ j N i 7aoa' ~g ,aas , toes ~~ 4~ ~ s a '" ~ • r r ~ ~ ,aas ,aas nos I I I i a r I I I M M Ao ;1 i i teas _~~a~' _'taaC 1 1 .`t l ~~ ~ 4 a ~ g I 1 ~ = nos uas ,aos l \ a aeisao' c »a \ ` \ ~ t ~ ~ ~ > 7C,, 1 ~ \ \ ~ ` '----------• N ~ ~ ~~ _ a aoasoa~ w ~ ~ ~ a aoeoao- c I I ~ I ~ I eC N/w .•. .~.•.•: : . 6 ,am I: • : ; ~ aaas ~ I : ~ ::: 1 I' • 11 r I :: ~I s aaas • r C:r: ~"~ 4 I :::.:I r ri: .~saomm'r j~•:•:•I ~ Y 8 ~ Y °• ~~ I• :~: -- ~ 14•• . •~. • ~I a aoeotfs r a aeesaa' r I. i~ :•.•:•:•:•:•: '~'~'~'•'~'•'~ ~1•:•~:.I I•: :~: ••~~ ~~ • ; . ; ~- y H9NA7E Q9M1El1ilY ~~ -~ ~~ a aoosarr ~ +aaatt I~~ ( ~~ i I E I ~ I ~ I ~i~ ~_ ~~ ~O • 7C x~ Lit~e'i 73~; ~,~~~,~~~ ~6 3 ~ ~ ° Sor°"S3 S3 ~~~~~~ gF~;3~4Yg~ s ° ~ ~~ ~~ ~~ a s~~ s~ ~ r •- ~ . ~ ~ a g ~~~ ~ ~ ~ ~ ~ e ~ ~~ ~~ ~ I I ~ ~ a ~ ~ ~ ~ ~ ~ ~ a ~ g~ ~ ~ ~~~6 ~ ~ 4 s ~ ~ ~ ~ ~ s ~ ~ ~ ~ ~ •~ ~~ V2 '0 s a. :° ~~~~ ~ x ~ ~ ~ $ 3 ~ ~ ~ ~ ~~ ~ o ° z 6 e6 ' Y }I -_ c 3~ _ ' m =_ ~~ ~I -- ~ ~` i i ~~ ~ ~-~' moo. I' °~ i~ of ~ e 1Tf - -- .~ ~ _~ ~' U/ '?, ~ r f, ~' .v ,.,y ~Q ~~~ 0 ~~ ~ ~ ^---_~..~--~' ~_~ 7 1. 9_._~ ~~---- _ _ ~ __ _ _ a- ~ - ,~ a - _~ ~ ~ •-= ~ _ a ~ -__~~ a o; ~ r--_- Z, ~ . -~%- 3 z, "~ •. -: ;; ~ - -^ ,~-- _~ ~ ', ~ S ~si _ - -~--~- n ~o --.--- . ~® ~n .~, ~ t ~ 1 1 ~ ~E o~ I , ~ ~ V~i .N ~(i .f ~ ~~~'~ :'i -'~ ! V J , Q ~~ ~ ~ ~~ Li y aD '~ p~Z ! S?M O ' ~-. ;~ o~ ~ QQ. _ ~ Q ~ O ~"~' .1~CIdd7'yd8 ~, .f'Z6 Er 0 oe i • r., ~.. Q A `O Q ~~ LETTER ~ OF BRIGGS ENGINEERING, Inc. 1111 So. Orchard St., Suite 600 Boise, Idaho 83705 PHONE: (208) 345-2881 FAX N0: (208) 345-2950 TO °~ ATTN ~•~-~ '~-~ L~WE ARE SENDING YOU ^ WE ARE RETURNING FOR APPROVAL ^ APPROVED AS SUBM/TIED ^ FOR YOUR INFORMATION ^ APRROVED AS NOTED ^ AS REQUESTED ^ RETURNED FOR CORRECTIONS ^ FOR REVIEW AND COMMENT ^ PR/CE ^ FOR BIDS DUE TRAASMITTAL DATE ? r ~ 10 N0. X30 730 ,-~, J08 NAME ~~ J08 ADDRESS CITY, STATE ~~~~-°~µ~'~ ^ SHOP ORAWINGS ^ CHANGE ORDER ^ COPY Of' LETTER ^ PLANS ^ OR/G/NALS [~F/NAL PLAT ^ SPECIfICA IIONS ^ DINER COPIES DATED ID N0. DESCRIPTION ~ ~~ 3 ~ ..~.~,at- +t..k-- I n I 2~~ f -~.--~ ~. :y.Q.~..~ I D .1'r~-~-~.- ~_ -. a~ S ,~...~,,.~" THESE ARE TRANSMITTED AS CHECKED REMARKS ~~, •. SIGNED ~~~~ COPY TO 1 ~ ~~~~ ^ ENCLOSE~.~ OF JI~E~iDIAN ^ UNDER SEPARATE COVER VIA ^ FEDERAL EXPRESS Q~COURIER BELOW ^ RESUBM/T COP/ES FOR APPROVAL ^ SUBM/T COP/ES FOR D/STR/BUAON ^ RETURN CORRECTED PR/NTS ,c? us v stwsss s astsro~ er ssssar j V pease' ' i $$ I ~~ ~I~ r ~~ d L O~ ~$ gQmQE Y ,p ° ~~ IN N. MQlIDIAN ROAD ~ aea7r f k - _ 21]x.70 e~~ ~ ~~~~ ~~ a _ ~~ taG7C t Baer $ I s I ~ S $ t ~ s a I . ~ I a ' I ~ 1 +~I uao~ ~~ ~~ a M ~ ~ i i I M M 7Zta• ,atd iaa~_ t,am ^ ~C ~ i rti ~~ ~ p o e I l l \\ -• ` uts ua ,aos a eorror t xm 1 ~ I \\ ~~ ~ _ `\ a Orta'M N qt! `~~ I I I ~ I ea Nw I: ' n 1 : :.:i i ~nad s m :~~~ t0 $ 1•'•'t ~~~ ~ Xr ~~r J 8 I ':'I f ~ 2 I,: ~•••••••• _ ? .C` ` A~/A • :. • . 7E Q9M1E7161 Y _~- ~` ~ I s aotlorar e ~~ ~ I~~ I i I I ~ I ~~ st w ~i~ ~_ ~~ ~O A ~~ ep a p~y~ ps s~$>C~ gds ~sg~°~ ~N Y O r S $~N~s~ ~ _~ asgoa ~ } ~, s" ~ ~s~~ r~• g r~' $~ ai: g° i:•1 1 ~ ~ r ~ ~ c '1 0° s ~ om ~ rS + ~ {s ~j^~ y ~~1~ ~~ ~ g o tQ~9$~ s g ~ ~ ~ .e s N ~ ~ ~ W ~ ~ 5~~ ~ "s gg~ 'S ~ E b $ ~ ~ ~_~ O ~ ~~~g P2s „ pp~ ~ m ~~ ~ ~ ~ a $ % ~ ~ ~ g: ~ ~ o z Y`a v V a 0 ~392.f .C.f~AI~".~:sr I ~., ~ bo ~J o ~ ~ .~~ _ ~~~~ ~ ~ O - `~ O wts ~ 2~a s ~. m ~~ c '.~ =~ w ~ .® vI n ~ ~ ~~ ~ 1• ~ ~ fed .., *,' ~ N f O ~ i 1'~ I GO ' ~~Ilifi I 'V v~ ao ~ ~ ._: .o - ~ ~ Y O ~ i ~_~,..~~ Y O i i ~~ 0 AWE- a b v ~ • I ~- - a I ° o . _ . _ ~ = ~--_~ M •~+ ~ ~ ~~ 1 - ~ ~- I m~ - r ~ C- ' __ __ ._ - - ~ ~- - ~ _a _ -~~ --_- ~ ? fir. -~ ~~: t ;--- _ ~s -~~~ Q'I~_ R. ~• ~. ~ 'w~l~ ij. .~ W • .o' it .p~ ,~ ~O~ n L ,. ~~ ,., i- .- "~ ~- ~=--, ; M .~ _: ~ ~~ __: i ~~ -- m ,~ , a -- -c ' 190 9 LETTER ~OF BRIGGS ENGINEERING, Inc. 1111 So. Orchard St., Suite 600 Boise, Idaho 83705 PHONE: (208) 345-2881 FAX N0: (208) 345-2950 ~~ A~~ ~~ ~ ^ WE ARE SENDING YOU ^ WE ARE RETURNING TRAP~SMITTAL DATE ~~ ~ ~ g~ tD N0. ~.~LS 73d JOB NAME "~ ~~ ~ ~ 3 ~. Joe AoDRESs qTY, STS TE ^ SHOP DRA WINGS ^ CHANGE ORDER ^ COPY OF LETTER ^ PLANS ^ OR/G/NALS ^ F/NAL PLA T ^ SPEC/F/CA T70NS ^ C_„QMPUTER D/SK [l~ 'O THER ^ ENCLOSED ^ UNDER SEPARATE COVER VIA ^ FEDERAL EXPRESS ~QGRIER COPIES DATED ID N0. DESCRIPTION ,~°.Er/l S E ~~ rte/ ~ % 5 ~'~' r~U THESE ARE TRANSMITTED AS CHECKED ^ FA4 APPROVAL ^ APPROI~D AS S7/~//T1FD ^ FOR YOUR /NFA4AlAAON ^ APRROVID AS NOTID ~S RE(X/ES1ID ^ RETURNED FGW CLWRECIIA~Y ^ FOR RENEW AND CO1/A/ENT ^ PR/CE ^ FU? B10S DUE REMARKS 0 V 2 3 1994 OF MERIDIAN C~~Y TO BELOW ^ RESUBM/T CGi~/ES FA4 APPROVAL ^ S7/BM/T CA%ES FA? D/S7R/BUDA'V S ^ RETURN CA4RECIID P/P~VTS SIGNED • • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE CALAVERAS SUBDIVISION THIS DECLARATION, made on the date hereinafter set forth by D.J. INVESTMENTS, INC., hereinafter referred to as "Declarant". WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Meridian, County of Ada, State of Idaho, which is more particularly described as: PARCEL A Beginning at the Southwest corner of Lot 12, Block 3, WILLIAMS ADDITION to the City of Meridian, Ada County, Idaho; thence North along the West boundary line of said Lot 12 a distance of 126.92 feet to a point on the South right of way line of King Street; thence West along the South right of way line of Ring Street a distance of 150 feet to a point on the East boundary right of way line of Meridian Street a distance of 126.92 feet to a point; thence Easterly ad distance of 150 feet to the POINT OF BEGINNING. and PARCEL B Beginning at the Northwest corner of Lot 12 in Block 4, WILLIAMS ADDITION to the City of Meridian, Ada County, Idaho; thence North 202.92 feet to a point being the Southwest-corner of ,Lot<12, Block 3, WILLIAMS ADDITION; thence West 150 feet to a point on the East right of way line of Meridian Street; thence South along the East right of way line of Meridian Street a distance of 202.92 feet to a point; thence Easterly a distance of 150 feet to the POINT OF BEGINNING. PARCEL C The West 10 feet of Lot 12, Block 3, WILLIAMS ADDITION to the City of Meridian, according to the Official Plat thereof, filed in Book 3 of Plats at Page 127, records of Ada County, Idaho. • • SUBJECT T0: All easements and road rights-of-way of record on the above described parcel of land. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Whenever used in this declaration, the following terms shall have the following meanings: - Section 1. "Association" shall mean THE CALAVERAS HOMEOWNERS ASSOCIATION, INC., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. Section 2. "Said Property" or the "Property" or the "Project" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Common Area" shall mean all real property, and appurtenances thereto, now or hereafter owned by the _- Association for the common use and enjoyment of the Members - of the Association. The Common Area to be owned by the `•Association upon its incorporation is described as follows: Lot 1 of Block 1 of the Calaveras Subdivision Section 4 "Limited Common Area" means that portion of the particular Lots as those terms are herein defined and as set forth in Article III, Section 3. Section 5. "Lot" shall mean and refer to every legal subdivision lot of Calaveras Subdivision (according to the official plat thereof) with the exception of the Common Area. Section 6. "Member" shall mean and refer to every person or entity who holds membership in the Association. The Calaveras Covenants, Conditions and Restrictions Pg.2 • • Section 7. "Owner" shall mean and refer to the record owner of a fee simple title to any such Lot (including contract sellers), whether one or more persons or entities, excluding those having such interest merely as security for the performance of any obligation. Section 8. "Building Site" shall mean and refer to a Lot, exclusive of Setbacks and utility easements. Section 9. "Setback" means the minimum distance between the dwelling unit or other structures referred to and a given street, road or lot line, all of which shall be in accordance with the applicable zoning regulation of the City of Meridian. Section 10. "Mortgage" shall mean and refer to any mortgage or deed of trust, and "Mortgagee" shall refer to the mortgagee or beneficiary under a deed of trust, and "Mortgagor" shall refer to the mortgagor or grantor of a deed of trust. ARTICLE II MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a Lot which is subject to assessment shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. The. Association shall have two classes of voting membership: Class A. The Class A members shall be all 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 vote be cast with respect to any Lot. Class B. The Class B members shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes in Class B membership, or (b) on December 31, 1998. The Calaveras Covenants, Conditions and Restrictions Pg.3 • • ARTICLE III PROPERTY RIGHTS Section 1. Common Property Ownership. Subject to the rights of individual Owners regarding Limited Common Area, the Common Area shall be owned by the Association. Section 2. Member's Easements of Enjoyment to Common Area. Every Member of the Association shall have a right and easement of enjoyment in and to the Common Areas, and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The right of the Association to limit the number of Members permitted to use a particular part of the Common Areas at any one time. (b) The right of the Association to suspend any Member's voting rights and/or right to use any of the recreational facilities owned by the Association, for any period during which any assessments against said Member's property remains unpaid, and for a period not to exceed thirty (30) days for each infraction of its published rules and regulations. (c) The right of the Association to dedicate or transfer all or any part of the Common Areas to any public. agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such condition or transfer shall be effective unless- an instrument signed by Members entitled to cast two-thirds (2/3) of the votes of the membership has been recorded in=. the appropriate county deed records, agreeing to such> dedication or transfer, and unless written notice of proposed actions is sent to every Member not less than thirty (30) days nor more ninety (90) days prior to such-, - dedication or transfer. (d) The right of the Directors of the Association to promulgate reasonable rules and regulations governing such rights to of use, from time to time, in the interest of securing maximum safe usage of such Common Areas by the Members of the Association without unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part of Said Property, including, without being limited thereto, rules restricting persons under or over designated ages from using certain portions of Said Property during certain times, and reasonable regulations and restrictions regarding parking. The Calaveras Covenants, Conditions and Restrictions Pg.4 • • Section 3. Limited Common Areas. There, are hereby created Limited Common Areas which are reserved for the exclusive use of the Owners of Lots to which they relate and are assigned, and in connection therewith there is hereby granted and reserved for the use and benefit of the Owners of the Lots to which said Limited Common Areas related an exclusive easement for the use and benefit of said Limited Common Areas. The Limited Common Areas are at minumun an 8' x 10' patio area on lots at the side or rear of units where required; to be determined by the board of directors. Section 4. Delegation of Use. Any Member may delegate, in accordance with the rules and regulations adopted from time to time by the directors, his right or enjoyment to the Common Areas and facilities to the members of his family, his tenants or contract purchasers, providing they reside on the Property. Section 5 Reciprocal Easement. Each and every Owner purchasing a Lot within the subdivision is purchasing it with the full understanding that each Lot is subject to certain reciprocal easements which are appurtenant thereto. Each Owner by purchase of a Lot within the subdivision agrees that they shall be subject to the following reciprocal easements: (a) An-easement for. drainage is hereby declared to exist on each Lot for the benefit of the adjoining Lot (s) ; provided, that the Owner installing any drainage pipe, conduit or other facility shall pay for any and all such improvements and cause the Property upon which the improvements are located to be restored to their original state at the sole cost of the Owner employing the use of the reciprocal easement. (b) Each Lot shall- be subject to the minimum building Setback requirements as applicable to the Said Property under the ordinances of tl~e City of Meridian. (c) All Lots within the subject Property, including but not limited to, the -Lots in the Common Area, shall be subject to a general utility and sanitary sewer easement, which shall include, but not be limited to, access for ingress and egress for maintenance or repair by the utility provider. (d) All Lots shall be subject to a permanent public utility, irrigation, drainage and access easement which shall be for ingress and egress for installation, maintenance and repair for any public utility, irrigation district, drainage district, or any other utility providing utilities and/or having an easement in, to and through the said subdivision, except within the area of foundation for residences. Such easements shall have a minimum width of ten The Calaveras Covenants, Conditions and Restrictions Pg.5 • feet. within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the public utilities, irrigation or drainage. ARTICLE IV MAINTENANCE ASSESSMENT AND MORTGAGE RIGHTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant and the Association hereby covenant for all of Said Property; and each owner of any lot by acceptance of a deed or contract or purchase therefor, whether or not it shall be expressed in any such deed or other conveyance or agreement for conveyance, is deemed to covenant and agree to pay to the Association: (a) regular annual assessments or charges, and (b) special assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and cost of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Property against which such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Property at the time such assessment was levied. The obligation shall- remain a lien on the Property until paid or foreclosed, but shall not be a personal obligation of successors in title unless expressly assumed by them. Section 2. Purpose of° Assessments. The assessments levied by the Association shall not be used for any purpose other than promoting the economic interest, recreation, health, safety and welfare'of the residents in Said Property and, in particular, for the improvement and maintenance of Said Property, any Common Area or Limited Common Area, all improvements constructed thereon, fencing along the exterior and within the interior of the Project, the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area or Limited Common Area, and including without being limited thereto, the payment of taxes (on Common Area only), and the provision of insurance on all or any part of Said Property, including insurance on individual Lots and Improvements, including fire and general casualty, liability and directors and officer insurance, and for exterior maintenance of all structures built on the Lots. The Association shall also establish and maintain a reserve account as provided in Section 11 of this Article, and any Assessment may include a sum for such reserve. The Calaveras Covenants, Conditions and Restrictions Pg.6 • Subject to the above provision, the Association shall determine the use of assessment proceeds. Section 3. Initial Annual Assessment; Subsequent Limitations. The initial annual assessment shall be established by the board of directors of the Association, based upon the budget of the Association adopted by the board. The initial budget shall be for the calendar 1995. (a) From and after January 1, 1996, the annual assessment may be increased each year by not more than twenty percent (20$) above the annual assessment for the previous year without a vote of the membership, at a meeting called for such purpose. (b) The board of directors 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 Areas, including extraordinary expenses incurred by the Association; provided that, in the event special assessments exceed in the aggregate five percent (5~) of the budgeted gross expenses of the Association for the fiscal year, the vote or written consent of a majority of the voting power of the Association residing in Members shall be required to approve such assessments at a meeting called for such purpose. Special assessments shall be levied on the same basis as regular assessments. Section 4. Uniform Rate of Assessment. Both regular assessments and any special assessments must be fixed at a uniform rate for all Lots, and may be collected on an annual, quarterly, or monthly basis in the discretion of the board of directors of the Association; except, that - assessments may be levied applicable to some Lots only, with prior consent by the Owners of such Lots, if such procedure - -is considered equitable in the discretion of-the board in "order to construct facilities to be available only. to the Members desiring to pay for the cost thereof. In establishing that all assessments shall be equal, it is acknowledged that all assessments shall be equal, it is acknowledged that the dwelling units may be of different sizes and that the actual cost of exterior maintenance may vary. However, such assessments shall be equal for all Lots unless this declaration be amended to provide otherwise. Notwithstanding the foregoing provisions, no assessment shall be payable by or assessed against any Lot upon which a dwelling structure has not been constructed. Section 5. Quorum for Any Action Authorized Under Section 3. At any meeting called, as provided in Section 3 hereof, the presence at the meeting of Members or of proxies to cast fifty-one percent (51$) of all votes of the The Calaveras Covenants, Conditions and Restrictions Pg.7 • • membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Section 3 and the required quorum at such subsequent meeting. No such subsequent meeting shall be held more than sixty ( 60 ) days following the date of the meeting at which no quorum was forthcoming. Section 6. Date of Commencement of Annual Assessments; Due Dates. Except as provided in Section 9 of this Article IV, all Lots upon which buildings have been constructed shall be subject to the annual or monthly assessments provided for herein on the first day of the month following the issuance of a certificate of occupancy permit by the City of Boise for the particular unit on the Lot. No assessment shall be levied against or payable by any Lot on which no dwelling has been constructed. The board of directors shall fix the amount of the regular assessment at least thirty (30) days in advance of each assessment period (provided that the assessment for calendar year 1993 may be fixed, and notice thereof given, at a later day, effective for the full calendar year). Written notice of~ the assessment dates shall be established by the board of directors. The Association shall, upon demand at any reasonable time, furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a particular Lot have been paid. A reasonable charge may be made by the board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessments which are not paid when due shall be delinquent.. If .the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12$) per annum. The secretary of the said Association shall file in the office of the County Recorder for Ada County, Idaho, a lien reflecting the amount of any such charges or assessments, together with interest, as aforesaid, which have become delinquent with respect to any lot on Said Property, and upon payment in full thereof, shall execute and file a proper release of the lien releasing the same. The aggregate amount of such assessments, together with interest, costs and expenses and a reasonable attorney's fee for the filing and enforcement thereof, shall constitute a lien on the whole Lot (including any improvement located thereon), with respect to which it is fixed from the date the lien is filed in the office of said County Recorder for Ada County, Idaho, until the same has been paid or released as herein provided. Such lien may be enforced by said Association in the manner provided by law with respect to liens upon real property. The Owner of The Calaveras Covenants, Conditions and Restrictions Pg.8 • • Said Property at the time said assessment is levied shall be personally liable for the expenses, costs and disbursements, including attorney's fees of the Declarant or of the Association, as the case may be, of processing and if necessary, enforcing such liens, all of which expenses, costs, disbursements and attorney's fees shall be secured by said lien, including all aforementioned expenses, costs, disbursements and attorney's fees on appeal, and such Owner, at the time such assessment is levied, shall also be liable for any deficiency remaining unpaid after any foreclosure sale. No owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Areas or abandonment of his dwelling unit. Section 8. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be inferior, junior and subordinate to the lien of all Mortgages now or hereafter placed upon Said Property or any part thereof . The sale or transfer of any Lot or any other , part of Said Property shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any Mortgage, pursuant to a judgment or decree of foreclosure thereof, shall extinguish the lien of such assessments as to amounts thereof which became due prior to such sale or transfer; and such lien shall attach to the net proceeds of sale, if any, remaining after such Mortgages and other ,prior liens and charges have been satisfied. No sale . or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or form the lien thereof. Section 9. Exempt Property. The following Property. subject to this Declaration shall be exempt from the assessments created herein: (a) all properties expressly dedicated to and _: accepted by a local public authority; and (b) any Common Areas. Section 10. Notice to Mortgagees. The Association shall give to the Mortgagee of any recorded Mortgage, which has furnished to the Association its name and current address, written notification of any default by the Mortgagor of performance with respect to such Mortgagor's obligations under this Declaration, By-Laws of the Association or any duly-adopted rules or regulations of the Association, at least twenty (20) days prior to the filing of suit by the Association to enforce those remedies with respect to such default. Section 11. Association Budget. The Association shall prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair and other common The Calaveras Covenants, Conditions and Restrictions Pg.9 • • expenses for the Association's next fiscal year, and which shall be sufficient to pay all estimated expenses and outlays of the Association for the next calendar year growing out of or in connection with the maintenance and operation of the Common Area improvements, and may include, among other things: the cost of exterior maintenance; management taxes; assessments; irrigation assessments; special assessments; fire, casualty and public liability insurance; common lighting; irrigation; landscaping and care of the grounds; repairs, renovations and paintings to Common Areas; snow removal; wages; water charges; legal and accounting fees; management fees; expenses and liabilities incurred by the Association under or by reason of this Declaration; the payment of any deficit remaining from a previous period, and the creation of any reasonable contingency or other reserve or surplus fund, as well as all costs and expenses relating to the Common Area and improvements. As part of~the regular annual assessments for maintenance authorized above, the board of directors shall annually fix the amount to be contributed pro rata by each Member to reserve funds for the purpose of defraying, in whole or in part, the cost or estimated cost of any reconstruction, repair or replacement of improvements, including fixtures and personal property related thereto. Such determination shall be make after consideration of the need for additional funds and of the Association's capital position. The board shall maintain a separate account for those funds. The board shall fix the method of payment of such assessments and shall be empowered to permit either lump sum or monthly payments. Separate records shall be maintained for all funds deposited to said account, which shall be designated as reserve account. The initial budget to be adopted by the board pursuant-. to .this Declaration shall be for the calendar year 1995. Thereafter, each budget shall be for the ensuing calendar year, which shall be the Association's fiscal year..- Section 12. Repair, Etc.. If any of the property located in the Common Area and%or improvements located upon other property located within the subdivision owned by the Association is damaged or destroyed, the Members shall, at a special meeting called for that purpose, determine whether to rebuild, repair, restore or otherwise take action with regard to such damage or destruction. A quorum shall be necessary for any such decision, in accordance with the provisions of Sections 3 and 5 hereof, and, further, any such action shall be approved by the affirmative vote of not less than fifty-one percent (51~) of the votes of Members who are voting in person or by proxy at such meeting duly called for this purpose, written notice of which shall be sent to all Members not less than ten (10) days nor more than fifty (50) days in advance of the meeting, unless waived in writing. The Calaveras Covenants, Conditions and Restrictions Pg.10 • • ARTICLE V ARCHITECTURAL CONTROL Section 1. Approval. No building, fence, wall, hedge, structure, addition, painting, improvement, obstruction, ornament, or planting shall be placed upon, added or permitted to remain upon any part of Said Property unless a written request for approval thereof containing the plans and specifications therefor, including exterior color scheme, has been approved, in writing, by the board of directors of the Association. Applications for approval shall be made to the Association's board of directors. In the event said board fails to approve or disapprove such design or location within sixty (60) days after said plans and specifications have been submitted in writing, approval shall not be required and this article will be deemed to have been fully complied with. Section 2. Construction Restrictions All homes shall have a minimum 1400 sq. ft. building requirement, single level, plus double car garage, and shall conform to architectural elevations compatible to the project in general. All construction plans, elevations, must conform to FHA/VA and Boise City specifications and meet architectural committee approval. Said approval or disapproval will be made by the Declarant within sixty (60) days after said plans and specifications have been submitted in writing. ARTICLE-VI MISCELLANEOUS A. Enforcement and Non-Waiver: Any lot owner, or homeowner association, whether or not directly affected, shall have the right to enforce., by any proceeding at law or in equity, any violation or threatened violation of a provision of this Declaration. The failure of any person to enforce any covenant or restriction herein contained shall not be deemed a waiver of the rights granted herein. Waiver of one breach does not constitute waiver of any other breach. There can be no waiver of the right to solar access created by this Declaration. B. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way effect any other provisions, which shall remain in full force and effect. C. Duration and Applicability to Successors: The Covenants, conditions and restrictions set forth in this Declaration shall be in effect perpetually, shall run with the land and shall inure to the benefit of and be binding The Calaveras Covenants, Conditions and Restrictions Pg.ll • ~ • upon the Declarant and all lot owners in the subdivision and their successors in interest. D. Amendment This Declaration may be amended by the action of the owners of a majority of the lots in the subdivision affected by such amendment provided the amendment does not reduce the amount of solar access protection provided the subdivision and the amendment is approved by the City of Meridian. ARTICLE VII MAINTENANCE AND INSURANCE Section 1. Maintenance of Common Areas, Etc. The Association shall maintain or provide for the maintenance of the Common Areas and Limited Common Areas, including, but not limited to, sanitary sewer, water lines and drainage facilities and lines upon Lots privately owned within the subdivision. Section 2. Interior Maintenance. Each Owner shall be responsible for maintaining and keeping in good order and repair the interior of his own dwelling unit, the deck of the balcony and the surface of patio areas. Section 3. Exterior Maintenance. The Association shall maintain or provide for the maintenance of the exterior of all residence and fences constructed on Lots which shall be a common expense of the Association, excluding, however, door exteriors and windows. Section 4. Types of Insurance. The Association shall obtain and keep, in full force and effect at all times, the following insurance coverage provided by companies duly authorized to do business- in .:.Idaho. The provisions of this article shall not be construed to limit the power or authority of the .. Association to obtain and maintain insurance coverage, in addition to any insurance coverage required hereunder, in such amounts and in such forms as the Association may deem appropriate from time to time. (a) Casualty Insurance. Each Lot, improvements constructed thereon, and carports, if any, shall at all times be insured for the full replacement thereof in the event of damage or destruction, including fire and extended coverage, which policy or policies shall be purchased by the Association and show the Association, the Owners and Mortgagees as named insureds as their interest may appear. The Association may comply with the above requirements by the purchase of blanket coverage and may elect such "deductible" provisions as, in the Association's opinion, are consistent with good business practice. No individual Owner shall be excused from assessments attributable to such policy for any reason and the existence of such a blanket The Calaveras Covenants, Conditions and Restrictions Pg.12 • • policy is declared to be in the mutual interests of all Members who are entitled to vote two-thirds (2/3) of all votes of Members who are voting in person or by proxy at a meeting duly called for this purpose. (b) Public Liability and Property Damage Insurance. The Association shall purchase broad form comprehensive liability coverage in such amounts and in such forms as it deems advisable to provide adequate protection. Coverage shall include, without limitation, liability for the personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation, maintenance and other use of the Project. (c) Workmen's Compensation and Employer's Liability Insurance. The Association shall purchase workmen's compensation and employer's liability insurance, and all other similar insurance, in respect of employees of the Association in the amounts and in the forms now or hereafter required by law for any employees of the Association. ' (d) Fidelity Insurance. The Association shall purchase, in such amounts and in such forms as it shall deem appropriate, coverage against dishonesty of employees, destruction or disappearance of money or securities, and forgery. (e) Other. The Association may obtain insurance against such other risks, of a similar or dissimilar nature as it shall deem appropriate with respect to the Project, .including any personal property of the Association located ::thereon. - (f) Form. Casualty insurance shall be carried in a - form or forms naming the Association. as the insured, as trustee for the Owners, which policy or policies shall 'specify the... interest of each Owner (Owner's name. unit :number, the appurtenant undivided interest in the Common Area), and which policy or policies shall provide a standard loss payable clause providing for payments of insurance proceeds to the Association, as trustee for the Owners, and for the respective first Mortgagee which from time to time shall give notice to the Association of such first Mortgagees, such proceeds to be used in accordance with this Declaration. Each policy shall also provide that it cannot be canceled by either the insured or the insurance company until after ten (10) days' prior written notice is first given to each Owner and to each first Mortgagee. The Association shall furnish to each Owner and Declarant a true copy of such policy together with a certificate identifying the interest of the Owner. All policies of insurance shall provide that the insurance thereunder shall be invalidated The Calaveras Covenants, Conditions and Restrictions Pg.13 • or suspended only in respect to the interest of any particular Owner quilty of breach of warranty, act, omission, negligence or noncompliance with any provision of such policy, including payment of the insurance premium applicable to that Owner's interest, or who permits or fails to prevent the happening of any event, whether occurring before or after a loss, which under the provisions of such policy would otherwise invalidate or suspend the entire policy. All policies of insurance shall provide further that the insurance under any such policy, as to the interest of all other insured Owners not quilty of any such act or omission, shall not be invalidated or suspended and shall remain in full force and effect. Public liability and property damage insurance shall name the Association as the insured, as trustee for the Owners and shall protect each Owner against liability for acts of the Association, its agents and employees, in connection with the ownership, operation, maintenance or other use of the Project. (g) Owner's Responsibility. Insurance coverage on the furnishings initially placed in the unit by Declarant, and casualty and public liability insurance coverage within each individual unit, and for activities of the Owner not acting by the Association with respect to the Common Area, insurance coverage against loss from theft on all personal property, and insurance coverage on items of personal property placed in the unit by the Owner, shall be the responsibility of the respective Owners. (h) Insurance Proceeds. The Association shall receive the proceeds of any casualty insurance payments - received under policies obtained and maintained pursuant to - this article. The Association shall apportion the proceeds - - to the portions of the proceeds attributable to damage to - the Common Area. To the extent that reconstruction is - - required herein, the proceeds shall be used for such purpose. To the extent that reconstruction in not required herein and there is a determination that the Project shall not be rebuilt, the proceeds shall be distributed to the Owners equally. Each Owner and each Mortgagee shall be bound by the apportionment's of damage and of the insurance proceeds made by the Association pursuant thereto. (i) Owner's Own Insurance. Notwithstanding the provisions of Section 4 hereof, each Owner may obtain insurance at his own expense providing coverage upon his Lot, his personal property, for his personal liability, and covering such other risks as he may deem appropriate, but each such policy shall provide that it does not diminish the insurance carrier's coverage for liability arising under insurance policies which the Association obtains pursuant to this article. All such insurance shall waive the insurance The Calaveras Covenants, Conditions and Restrictions Pg.14 • company's right of subrogation against the Association, the other Owners, and the servants, agents and guests of any of them, if such insurance can be obtained in the normal practice without additional premium charge for the waiver of rights of subrogation. ARTICLE VIII CASUALTY DAMAGE OR DESTRUCTION Section 1. Affects Title. Title to each Lot is hereby made subject to the terms and conditions hereof, which bind the Declarant and all subsequent Owners, whether or not it be so expressed in the deed by which any Owner acquires his Lot. Section 2. Association as Agent. All of the Owners irrevocably constitute and appoint the Association their true and lawful .attorney in fact in their name, place and stead for the purpose of dealing with the Project upon its damage or destruction as hereinafter provided. Acceptance by any grantee of a deed from the Declarant or from any Owner shall constitute such appointment. Section 3. General Authority of Association. As attorney in fact, the Association shall have full and complete authorization, right and power to make, execute and deliver any contract, deed or other instrument with respect to the interest of an Owner which may be necessary or appropriate to exercise the powers herein granted. Repair and reconstruction of improvements as used in the succeeding - sections mean restoring the Project to substantially the same condition in which it existed prior to damage, with - each dwelling unit and improvements, having substantially - the same- vertical and horizontal boundaries as before. The - = proceeds of any insurance collected shall be available to the Association for the purpose of repair or reconstruction unless the Owners and all first Mortgagees unanimously agree not to rebuild in accordance with the provisions set forth hereinafter. In the event any Mortgagee should not agree to rebuild, the Association shall have the option to purchase such Mortgage by payment in full of the amount secured thereby if the Owners are in unanimous agreement not to rebuild. The Association shall obtain the funds for such purpose by special assessments under Article IV of the Declaration. Section 4. Estimate of Costs. As soon as practicable after an event causing damage to, or destruction of, any part of the Project, the Association shall obtain estimates The Calaveras Covenants, Conditions and Restrictions Pg.15 • that it deems reliable and complete the costs of repair or reconstruction of the part of the Project damaged or destroyed. Section 5. Repair or Reconstruction. As soon as practicable after receiving these estimates, the Association shall diligently pursue to complete the repair or reconstruction of that part of the Project damaged or destroyed. The Association may take all necessary or appropriate action to effect repair or reconstruction, as attorney in fact for the Owners, and no consent to other action by any Owner shall be necessary in connection therewith. Such repair or reconstruction shall be in accordance with the original plans and specifications of the Project or may be in accordance with any other plans and specifications the Association may approve, provided that_in such latter event the number of cubic feet and the number of square feet of any unit may not vary by more than five percent (5~) from dwelling units as originally constructed pursuant to such original plans and specifications and the location. of the buildings shall be substantially the same as prior~to damage or destruction. Section 6. Funds for Reconstruction. The proceeds of any insurance collected shall be available to the Association for the purpose of repair or reconstruction. If the proceeds of the insurance are insufficient to pay the estimated or actual cost of ..such repair or reconstruction, the Association, pursuant to Article IV hereof, may levy in advance a special assessment of repair or reconstruction. Such assessment shall be allocated and collected as provided in that article. Further levies may be made in like manner if the amounts collected prove insufficient to complete the repair or reconstruction. Section 7. Disbursement of Funds for Repair or, Reconstruction. The insurance proceeds held by the Association- and the amounts received from the assessments provided for in Article IV constitute a fund for the payment. of cost of repair and reconstruction after casualty. It shall be deemed that the first money disbursed in payment for cost of repair or reconstruction shall be made from insurance proceeds; if there is a balance after payment of all costs of repair or reconstruction, such balance shall be distributed to the Owners in proportion to the contributions by each Owner pursuant to the assessments by the Association under Article IV of this Declaration. Section 8. Decision not to Rebuild. If all Owners and all holders of first Mortgages on Lots agree not to rebuild, as provided herein, the Project shall be sold and the proceeds distributed in the same manner herein provided in the event of sale of obsolete units, as set forth in Article IV, Section 4 (h). The Calaveras Covenants, Conditions and Restrictions Pg.16 Section 9 Deductable. Any member responsible for a casualty or liability damage claim will be required to pay for the insurance deductible required by the respective insurance carrier. ARTICLE IX PROPERTY USE RESTRICTIONS The following restrictions shall be applicable to the real property subject to this Declaration and shall be for the benefit of, and limitation upon, all present and future Owners of Said Property or any interest therein: Section 1. Unless written approval is first obtained from the board of directors, no sign of any kind shall be displayed to public view on any building or Building Site on Said Property except one professional sign of not more than five square feet advertising the for sale or rent, or signs used by "Declarant" or its successors (if such successor acquires all of the remaining Lots owned by Declarant) to advertise the Property during the construction and sales period. If a Property is sold or rented, any sign relating thereto shall be removed immediately except that the Declarant, and only Declarant or its agent, may post a "sold" sign for a reasonable period following a sale. Section 2. No~animals, birds, insects or livestock shall be kept on Said Property except domesticated .dogs, cats or other common household pets.. which do not unreasonably bother or constitute a nuisance to others-and on such portions of roads and other public ways or easements as may be designed or permitted for such use from-time to time by the Association. No dogs or cats in excess of two shall be kept by any residential household within -said. subdivision, and no animals of any kind shall be bred. or kept for commercial purposes. All dogs must be leashed when outside a dwelling unit, and shall not be allowed in the Common Area or kenneled outside the dwelling units... Section 3. No part of Said Property shall. be used or maintained as a dumping ground for rubbish, trash, garbage, or any other waste. No garbage, trash or other waste shall be kept or maintained on any part of Said Property except in a sanitary container. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and shall not be permitted to be in public view. Section 4. No noxious, offensive or unsightly conditions shall be permitted upon any part of Said Property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. The Calaveras Covenants, Conditions and Restrictions Pg.17 • • Section 5. No trailer, camper-truck, tent, garage, barn, shack or other outbuilding shall at any time be used as a residence temporarily or permanently on any part of Said Property. Section 6. Parking of junk cars, or other unsightly vehicles, shall not be allowed on any part of Said Property nor on public ways adjacent thereto. All other parking of equipment shall be prohibited except as approved in writing by the board of directors. Automobiles shall not be parked upon the portions of the Common Area designated as street. Section 7. No Owner shall remove or otherwise alter any plant, tree or any landscaping or improvements in any Common Area without the written consent of the board of directors. Section 8. The Owners shall not materially change the color~of paint, stain or finish from that initially placed upon the exterior of the improvements placed upon Said Property without first obtaining the approval of the board of directors . Section 9. Each Owner shall at the Owner's sole cost and expense landscape his Lot. The Association shall, after installation of landscaping by each Owner on his Lot, maintain the installed landscaping and the Owner shall have no right to change or modify the landscaping without prior approval of the Association. Section 10. No overhangs, wing walls or other architectural appendages shall encroach or project .onto adjoining Lots. Section 11. There shall be no television antenna, ham radio antenna, or other appurtenances or appendages to any dwelling unit except as are approved by the board of directors. Section 12. There shall be no metal storage-: nor wood storage attachments to any dwelling unit except as approved by the board of directors. Section 13. All dwelling units within the subdivision shall be used solely for residential purposes and shall be occupied by not more than one family unit. The construction of separate principal buildings on any lots is prohibited. Section 14. Adoption of Rules: The Association, through its board of directors, may adopt reasonable rules not inconsistent with this Declaration relating to the use of the Common Area and all facilities thereon, and the conduct of owners and their tenants and guests with respect to the Property and other Owners. The Calaveras Covenants, Conditions and Restrictions Pg.18 • • Section 15. Use of Recreational Facilities in the Common Area: The Association shall have the power to limit the number of an Owner's guests who may use the recreational facilities. Section 16. Right to Lease: The respective individual units or any portion thereof shall not be rented by the Owners thereof for transient or hotel purposes, which shall be defined as (a) rental for any period less than thirty (30) days, or (b) any rental if the occupants of the unit are provided customary hotel service such as room service for food and beverage, maid services, furnishing laundry and linens, and bellboy service. Subject to the foregoing restrictions, the Owners of the respective units shall have the absolute right to lease same provided that the lease is made subject to the covenants, conditions, restrictions, limitations and uses contained in this Declaration. Section 17. Clothes Lines: No exterior clothes lines shall be erected or maintained and there shall be no outside laundry or drying, of clothes. Further, no clothes washers, clothes dryers, refrigerators or freezers may be kept, stored or operated on any balcony, patio, porch or other exterior area. Section 18. Drapes: No portion of any drapes, blinds or curtains, which are installed on the interior of any residence, which may be seen from outside such residence, shall be of a color, texture or material which, in the reasonable .opinion of the Board of Directors, is inharmonious with the exterior appearance of all residences. Section 19. Basketball Standards: No basketball standard or fixed sports apparatus shall be attached to the exterior surface of any residence or carport, or affixed to any portion of the Common Area. ARTICLE % EASEMENTS Section 1. General. All conveyances of Lots, and the Common Area, shall be subject to the foregoing restrictions, conditions, and covenants, whether or not the same be expressed in the instruments of conveyance, and each and every such instrument of conveyance shall likewise be deemed to grant and reserve, whether or not the same be declared therein, mutual and reciprocal easements over, across and under all Common Areas and easements over all Lots for maintenance and otherwise as authorized by this Declaration, and easements as otherwise shown on the plat for the Property, and excepting any portion of Said Property which may now or hereafter be occupied by a residence. The Said Property shall not thereafter be subject to any easement nor The Calaveras Covenants, Conditions and Restrictions Pg.19 • • theretofore applied to use or provided for herein, for the purpose of building, constructing and maintaining thereon underground or concealed electric and telephone lines, gas, water, sewer, storm drainage lines, radio or television cables, and other services now or hereafter commonly supplied by public utilities or municipal corporations. All of said easements shall be for the benefit of all present and future Owners of Property subject to the jurisdiction of the Association by covenants and restrictions recorded and approved as hereinabove provided; said easements, however, shall not be unrestricted, but shall be subject to reasonable rules and regulations governing rights of use as adopted from time to time by the directors of the Association in the interests of securing maximum safe usage of Said Property without unduly infringing upon the rights or privacy of the Owner or occupancy of any part of Said Property. The easements provided for in this article are in addition to those set forth in Article III. Section 2. Common Areas. A further mutual and reciprocal easement for sidewalk purposes is granted and reserved over and across the Common Areas in the~Said Property, for the purpose of constructing, maintaining and repairing sidewalks for the benefit of the residents of Said Property, their tenants and quests, for the ingress and egress subject, however, to rules and regulations reasonably restricting the right to use thereof for the safety and welfare of the public as may be promulgated from time to time by the Association and/or public authority. Section 3. Party Walls. The dwelling units constructed upon the Lots include party walls, being the common walls between two dwelling .units, separating the units. Such party walls are intended to°be constructed upon the Lot boundary lines separating adjoining Lots. To the extent any party wall exists, encroaches or overlaps upon a Lot, there is hereby created a common-reciprocal easement for the location of such party wall: Each Owner shall have the right to use the surface of any party. wall contained within the interior of the Owner's dwelling unit, provided that an owner shall not drive, place or cause to be driven or placed any nail, bolt, screw or other object into a party wall which penetrates the surface of such party wall more than one inch. The Owner shall respectively own to the centerline of any party wall. In the event any party wall is damaged or destroyed through the act or negligence of an Owner, that Owner shall be obligated to repair or replace the party wall. ARTICLE %I GENERAL PROVISIONS The Calaveras Covenants, Conditions and Restrictions Pg.20 • • Section 1. Enforcement. The Association, or any Owner, or the Owner of any recorded Mortgage upon any part of Said Property, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Association, or by any Owner, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In the event suit is brought to enforce the covenants contained herein, the prevailing part shall be entitled to recover a reasonable attorney's fee in addition to allowable cost. Section 2. Governmental Regulations. Approval by the City of Meridian or any other governmental entity vested with the responsibility of reviewing planning and zoning having jurisdiction over this subdivision, of any application made by any Owner which is in conflict with any covenants, conditions or restrictions of this Declaration shall in no way affect or invalidate this Declaration, but this Declaration shall remain in full force and effect, and subject to enforcement and remedies for violation hereof. In the event of a conflict between any provision of these Restrictive Covenants and zoning or building code requirements of the City of Meridian or any other governmental entity having jurisdiction over this subdivision, the more restrictive or limiting requirement shall be followed. Section 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 4. Term of Restrictions an Amendment. The covenants and restrictions of this Declaration shall run with the land described herein,- and shall be binding upon the parties hereto and all successors in-title or interest to said real property or any. part thereof, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years unless the Owner or Owners of the legal title to not less than two-thirds (2/3) of the platted Lots, by an instrument or instruments in writing, duly signed and acknowledged by them, shall then terminate or amend said restrictions. Such termination or amendment shall become effective upon the filing of such instrument or instruments for recording in the office of the County Recorder for Ada County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the records of the plats and record of this deed in which these restrictive covenants are set forth, and all amendments thereof. The Calaveras Covenants, Conditions and Restrictions Pg.21 • • Section 5. No Right of Reversion. Nothing herein contained in this Declaration, or in any form of deed which may be used by Declarant, or its successors and assigns, in selling Said Property, or any part thereof, shall be deemed to vest or reserve in Declarant or the Association any right of reversion or reentry for breach or violation of any one or more of the provisions hereof. Section 6. Benefit of Provisions - Waiver. The provisions contained in this Declaration shall bind and inure to the benefit of, and be enforceable by Declarant, the Association and the Owner or Owners of any portion of Said Property, and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by the Association or by any of the Property Owners or their legal representatives, heirs, successors or assigns, to enforce any of such conditions, restrictions or charges herein contained shall in no event be deemed a waiver of the right to do so. Section 7. Assignment by Declarant. Any or all rights, powers and reservations of Declarant herein contained may be assigned to the Association or to any other corporation or association which is now organized or which may hereafter be organized and which will assume the duties of the Declarant hereunder pertaining to any such corporation or association evidencing its intent in writing to accept such assignment and assume such duties it shall, to the extent of such assignment, have same rights and powers, and be subject to the same obligations and duties as are given to, and assumed by, Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised by the Declarant alone, so long as it owns any interest in any portion of Said Property.- Section 8. Mortgacrees' .right to Satisfy Obligations of the Association. In the event that the Association fails to pay any debt or sum lawfully owed by it, for which a lien has been placed against the Association common Property, or in the event that the Association fails to pay premiums due on insurance policies required by these covenants, the lapse of which would jeopardize a Mortgagee's security, a Mortgagee may pay said sum of premium after first having served five (5) days' written demand for such payment of the Association. In the event that the Association has allowed said insurance policies to lapse, a Mortgagee whose security is jeopardized thereby may secure new comparable insurance coverage. In the event that a Mortgagee makes payments allowed hereunder, it shall be entitled to prompt reimbursement from the Association. The Calaveras Covenants, Conditions and Restrictions Pg.22 r~ u Section 9. Annexation. Additional residential property and Common Area may be annexed to the Property with the Consent of two-thirds (2/3) of each class of Members. Section 10. FHA/VA Approval. As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: Annexation of additional properties, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions. IN Declarant day of _ WHEREOF, the undersigned, being has hereunto set its hand and seal _, 199_ the this D . J . IIQVESTMENTS, INC . WITNESS herein, The Calaveras Covenants, Conditions and Restrictions Pg.23 • STATE OF IDAHO County of Ada On this day of , 199_, before me, the undersigned, a Notary Public in and for the State, personally appeared , known or identified to me to be the President, respectively, of the corporation that executed the instrument or the person who ..executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. NOTARY PUBLIC FOR IDAHO ` Residing at• My commission expires: The Calaveras Covenants, Conditions and Restrictions Pg.24 ,. .. OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Enylneer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNISJ. SUMMERS, Parka Supt. SHARI S. STILES, P 32 Adm. KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor May 1, 1995 D J Investments 1111 S. Orchard Boise, ID 83705 338-5000 RE: Streetlight Deposit for Calveras Subdivision Dear Mr. Bill Narver, COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 3 2 COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER As part of the development agreement, you have deposited a letter of credit for the installation of streetlights in Calveras Subdivision. The streetlights have been installed, inspected, and energized. With these things being completed, I am returning your letter of credit for $6,600.00. Thank you for your cooperation on this matter. Sincerely, ~~ ~Ci~iC./ William G. Berg, Jr. City Clerk .I.~tter' Of Credit • International Banking Depattment West One Bank, Idaho ~ 101 S. Capital Blvd., Boise, Idaho ~~ Post Office Box 8247, Boise, Idaho 83733 D A *~ Telephone: 208-3837600 Fax: 208-383-7363 ~ti/ ~[~ _ Telex: 262542 Answerback: WEST ONE BK [DA City of Meridian 33 E. Idaho Avenue Meridian,. Idaho 83642 Irrevocable Standby Letter of Credit No.: 73115 Dated: October 5,.1994 Expiration Date: April 4, 1995 At Our Counters Dear Sirs: We hereby authorize you to draw on WEST ONE BANK, IDAHO, BOISE, IDAHO 83733 For account of DJ Investments, Lnc. (The Calaveras Subdivision) 4619 Emerald Street, Suite A-2, Boise, Idaho 83706 Up to the .aggregate amount of USD6,600.OD (SIX THOUSAND SIX HUNDRED AND NO/10.0 U.S. DOLLARS) available by your draft(s) at sight accompanied by the following documents: The original of this Letter of Credit for endorsement. A statement purportedly signed by an authorized official for the City of Meridian as follows: "DJ Investments, Inc. (The Calaveras Subdivision) has failed to pexform installation of street lights in the Calaveras Subdivision." Such statement is to specify the exact area of non-performance. Partial drawings are permitted. All drafts drawn must be marked: DRAWN UNDER WEST ONE BANK, IDAHO, LETTER OF CREDIT N0. 73115. We hereby agree with drawers of drafts drawn under and in compliance with the terms of this credit that the same shall be duly honored on due presentation to the drawee. ~~ Original YNlow-Appticent'e Copy is Goldenrod-Aeknowktdgement Green-IntsmMlonel Benking Unn'e Cop a flle Gopy CR00513 (8-89) ,,~ r :~~,/ ~ ~A'~. i O n N OFD. PK. NAIL BOWER'S ADDITION SUBDIVISION N 8834'46' E 160.00' _ . ~~ 125.51' - 3 Z 3 I .~...W . I ~ I 1.1...:g i I .I e I I s . .. . r.I.'.•.~ ~ .•I t/1 m I1..~ .I E. KING STREET N 88'34'46" E _ - N 10.1T' E I .I N 90'00'00• E 72.00' 341 1 W ; I BLOCK 1 ~ g I-- W i.I.'.'•'• :.lF. 4' i ~ Z ~, II... .I S 90 '00• W 72. 3.3' I I .Y.'.'.I~ BLOCK 1 ~.. W N 90ro0'00• E 72.00' I• I • ' ~ ! 3 'g ~~'. 8 ~ Z N 1x.00' 1&00' 18.00' 18.00' u9 ~ t g ~ ~ N BBB ' ' ,a.oo' ,e.0o' ,e.oo 18.00' 18.00' 18.00' 19.00' $ ro $ n $ ao $ aet $ n ~ '4' ~ ~ 8L CK 1 ~e.oo' ie.oo' te.oo' ia.oo' N 9aroo'oo• w 72.00' _ ~'I......I --i/-----.-.----.-.--. ..1.. ~5...,I ,,~.~ ........................... ~ . '.':E.I.'.'.'..~, ~~ r , ,'w sa~'Se, w,','..N 9oroo'oo•.E... 99.tot'..'.. I ~ ... .r.T .. . `-~-N 90'00'00• E 7200' -~- - ~.~.'.'..'. •w ~a.oo• ~e.oo' ie.oo' ia.oo 3 ~ ~'.' N ' BL 1 8 ~'\',',',' ',~ ~ ie.oo' ie.oo• iaoo' ~e.oo' ~ ... I s +~T"-.T~uor------ BLOCK 1I .... ~s seroo-oo' ~w .. w~.s><' N ` _.' N'9(1'OA'DO'.E'.~._._ '.•_'_~._.'. n N 90ro0'00• E 30.0 30.00. g 21 ~ s 4>a~~s' E I ~ ~ 14 $ Nc W I ~ ~ 30.00' o 30.00• ~ I ~2.so' ~aoo' I S ~8 20 gn ~ r` c ad 8~ 18 8 ^~ I 3 W r 30.00' ; W I I g W 3 ~a~ 19 dg 1 ~J HOC d g ~ ~~++30.00' 8 i N I y z8 17 $m ra 18 ~ si o 30.00' I 30.00' N ~q ar S 90'00'00' W 90ro0'00• W EOOC00' E a,r a LOT 1 / BLOCK 1 ~ ~ ~ E. ~ ~ _-' / 0 D: ~ M a i = ~ I Z 30' 3 P g 40' _ r u. A~. 1.AY W 1/4 CORNER sECnoN 7 Cp~f N0. 9630'19' E ~aot' o~ 3 PR/VA7F DR/VE'WAY ~ gQ N 89'00'OV E 76.33' P o g ~ o Z ~ _~ ~~ S 88 36'15' W 140.00' 6630:00' w • WIWAM'S ADDITION SUBDIVISION ~ 6834'46' w ~~ 10.00' WIWAM'S ADDITION SUBDIVISION r~cuAMS srn~r ~ 0 WIWAM'S ADDITION SUBDIVISION 10. ii. /T~ ~~ • ~'~~.~Dh.. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE CALAVERAS SUBDIVISION THIS DECLARATION, made on the date hereinafter set forth by D.J. INVESTMENTS, INC. , hereinafter referred to as "Declarant". WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Meridian, County of Ada, State of Idaho, which is more particularly described as: PARCEL A Beginning at the Southwest corner of Lot 12, Block 3, WILLIAMS ADDITION to the City of Meridian, Ada County, Idaho; thence North along the West boundary line of said Lot 12 a distance of 126.92 feet to a point on the South right of way line of Ring Street; thence West along the South right of way line of King Street a distance of 150 feet to a point on the East boundary right of way line of Meridian Street a distance of 126.92 feet to a point; thence Easterly ad distance of 150 feet to the POINT OF BEGINNING. and PARCEL B Beginning at the Northwest corner of Lot 12 in Block 4, WILLIAMS ADDITION to the City of Meridian, Ada County, Idaho; thence North 202.92 feet to a point being the Southwest corner of Lot 12, Block 3, WILLIAMS ADDITION; thence West 150 feet to a point on the East right of way line of Meridian Street; thence South along the East right of way line of Meridian Street a distance of 202.92 feet to a point; thence Easterly a distance of 150 feet to the POINT OF BEGINNING. PARCEL C The West 10 feet of Lot 12, Block 3, WILLIAMS ADDITION to the City of Meridian, according to the Official Plat thereof, filed in Book 3 of Plats at Page 127, records of Ada County, Idaho. • • SUBJECT TO: All easements and road rights-of-way of record on the above described parcel of land. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof . ARTICLE I DEFINITIONS Whenever used in this declaration, the following terms shall have the following meanings: Section 1. "Association" shall mean THE CALAVERAS HOMEOWNERS ASSOCIATION, INC., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. Section 2. "Said Property" or the "Property" or the "Project" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as mag hereafter be brought within ~ the jurisdiction of the Association. Section 3. "Common Area" shall mean all real property, and appurtenances thereto, now or hereafter owned by. the Association for the common use and enjoyment of the Members of the Association. The Common Area to be owned by the Association upon its incorporation is described as follows: Lot 1 of Block 1 of the Calaveras Subdivision Section 4 "Limited Common Area" means that portion of the particular Lots as those terms are herein defined and as set forth in Article III, Section 3. Section 5. "Lot" shall mean and refer to every legal subdivision lot of Calaveras Subdivision (according to the official plat thereof) with the exception of the Common Area. Section 6. "Member" shall mean and refer to every person or entity who holds membership in the Association. The Calaveras Covenants, Conditions and Restrictions Pg.2 • • Section 7. "Owner" shall mean and refer to the record owner of a fee simple title to any such Lot (including contract sellers), whether one or more persons or entities, excluding those having such interest merely as security for the performance of any obligation. Section 8. "Building Site" shall mean and refer to a Lot, exclusive of Setbacks and utility easements. Section 9. "Setback" means the minimum distance between the dwelling unit or other structures referred to and a given street, road or lot line, all of which shall be in accordance with the applicable zoning regulation of the City of Meridian. Section 10. "Mortgage" shall mean and refer to any mortgage or deed of trust, and "Mortgagee" shall refer to the mortgagee or beneficiary under a deed of trust, and "Mortgagor" shall refer to the mortgagor or grantor of a deed of trust. ARTICLE II MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a Lot which is subject to assessment shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. The Association shall have two classes of voting membership: Class A. The Class A members shall be all 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 vote be cast with respect to any Lot. Class B. The Class B members shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and converte to Class A membership on the happening of either of t e following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes in Class B membership, or (b) on December 31, 1998. The Calaveras Covenants, Conditions and Restrictions Pg.3 • I ARTICLE III PROPERTY RIGHTS Section 1. Common Property Ownership. Subject to the rights of individual Owners regarding Limited Common Area, the Common Area shall be owned by the Association. Section 2. Member's Easements of Enioyment to Common Area. Every Member of the Association shall have a right and easement of enjoyment in and to the Common Areas, and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The right of the Association to limit the number of Members permitted to use a particular part of the Common Areas at any one time. (b) The right of the Association to suspend any Member's voting rights and/or right to use any of the recreational facilities owned by the Association, for any period during which any assessments against said Member's property remains unpaid, and for a period not to exceed thirty (30) days for each infraction of its published rules and regulations. (.c) The right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such condition or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes of the membership has been recorded in the appropriate county deed records, agreeing to such dedication or transfer, and unless written notice of proposed actions is sent to every Member not less than thirty (30) days nor more ninety (90) days prior to such dedication or transfer. (d) The right of the Directors of the Association to promulgate reasonable rules and regulations governing such rights to of use, from time to time, in the interest of securing maximum safe usage of such Common Areas by the Members of the Association without unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part of Said Property, including, without being limited thereto, rules restricting persons under or over designated ages from using certain portions of Said Property during certain times, and reasonable regulations and restrictions regarding parking. The Calaveras Covenants, Conditions and Restrictions Pg.4 • • Section 3. Limited Common Areas. There are hereby created Limited Common Areas which are reserved for the exclusive use of the Owners of Lots to which they relate and are assigned, and in connection therewith there is hereby granted and reserved for the use and benefit of the Owners of the Lots to which said Limited Common Areas related an exclusive easement for the use and benefit of said Limited Common Areas. The Limited Common Areas are at minumun an 8' x 10' patio area on lots at the side or rear of units where required; to be determined by the board of directors. Section 4. Delectation of Use. Any Member may delegate, in accordance with the rules and regulations adopted from time to time by the directors, his right or enjoyment to the Common Areas and facilities to the members of his family, his tenants or contract purchasers, providing they reside on the Property. v/~ Section 5 Reciprabcal Easement. Each and every Owner purchasing a Lot wit the subdivision is purchasing it with the full understanding that each Lot is subject to certain reciprocal easements which are appurtenant thereto. Each Owner by purchase of a Lot within the subdivision agrees that they shall be subject to the following reciprocal easements: (a) An easement for drainage is hereby declared to exist on each Lot for the benefit of the adjoining Lot (s) ; provided, that the Owner installing any drainage pipe, conduit or other facility shall pay for any and all such improvements and cause the Property upon which the improvements are located to be restored to their original state at the sole cost of the Owner employing the use of the reciprocal easement. (b) Each Lot shall be subject to the minimum building Setback requirements as applicable to the Said Property under the ordinances of the City of Meridian. (c) All Lots within the subject Property, including but not limited to, the Lots in the Common Area, shall be subject to a general utility and sanitary sewer easement, which shall include, but not be limited to, access for ingress and egress for maintenance or repair by the utility provider. (d) All Lots shall be subject to a permanent public utility, irrigation, drainage and access easement which shall be for ingress and egress for installation, maintenance and repair for any public utility, irrigation district, drainage district, or any other utility providing utilities and/or having an easement in, to and through the said subdivision, except within the area of foundation for residences. Such easements shall have a minimum width of ten The Calaveras Covenants, Conditions and Restrictions Pg. 5 • • feet. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the public utilities, irrigation or drainage. ARTICLE IV MAINTENANCE ASSESSMENT AND MORTGAGE RIGHTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant and the Association hereby covenant for all of Said Property; and each owner of any lot by acceptance of a deed or contract or purchase therefor, whether or not it shall be expressed in any such deed or other conveyance or agreement for conveyance, is deemed to covenant and agree to pay to the Association: (a) regular annual assessments or charges, and (b) special assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and cost of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Property against which such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Property at the time such assessment was levied. The obligation shall remain a lien on the Property until paid or foreclosed, but shall not be a personal obligation of successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall not be used for any purpose other than promoting the economic interest, recreation, health, safety and welfare of the residents in Said Property and, in particular, for the improvement and maintenance of Said Property, any Common Area or Limited Common Area, all improvements constructed thereon, fencing along the exterior and within the interior of the Project, the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area or Limited Common Area, and including without being limited thereto, the payment of taxes (on Common Area only), and the provision of insurance on all or any part of Said Property, including insurance on individual Lots and Improvements, including fire and general casualty, liability and directors and officer insurance, and for exterior maintenance of all structures built on the Lots. The Association shall also establish and maintain a reserve account as provided in Section 11 of this Article, and any Assessment may include a sum for such reserve. The Calaveras Covenants, Conditions and Restrictions Pg.6 • Subject to the above provision, the Association shall determine the use of assessment proceeds. Section 3. Initial Annual Assessment; Subsequent Limitations. The initial annual assessment shall be established by the board of directors of the Association, based upon the budget of the Association adopted by the board. The initial budget shall be for the calendar 1995. (a) From and after January 1, 1996, the annual assessment may be increased each year by not more than twenty percent (20$) above the annual assessment for the previous year without a vote of the membership, at a meeting called for such purpose. (b) The board of directors 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 Areas, including extraordinary. expenses incurred by the Association; provided that, in the event special assessments exceed in the aggregate five percent (5~) of the budgeted gross expenses of the Association for the fiscal year, the vote or written consent of a majority of the voting power of the Association residing in Members shall be required to approve such assessments at a meeting called for such purpose. Special assessments shall be levied on the same basis as regular assessments. Section 4. Uniform Rate of Assessment. Both regular assessments and any special assessments must be fixed at a uniform rate for all Lots, and may be collected on an annual, quarterly, or monthly basis in the discretion of the board of directors of the Association; except, that assessments may be levied applicable to some Lots only, .with prior consent by the Owners of such Lots, if such procedure is considered equitable in the discretion of the board in order to construct facilities to be available only to the Members desiring to pay for the cost thereof. In establishing that all assessments shall be equal, it is acknowledged that all assessments shall be equal, it is acknowledged that the dwelling units may be of different sizes and that the actual cost of exterior maintenance may vary. However, such assessments shall be equal for all Lots unless this declaration be amended to provide otherwise. Notwithstanding the foregoing provisions, no assessment shall be payable by or assessed against any Lot upon which a dwelling structure has not been constructed. Section 5. Ouorum for Anv Action Authorized Under Section 3. At any meeting called, as provided in Section 3 hereof, the presence at the meeting of Members or of proxies to cast fifty-one percent (51~) of all votes of the The Calaveras Covenants, Conditions and Restrictions Pg.7 • • membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Section 3 and the required quorum at such subsequent meeting. No such subsequent meeting shall be held more than sixty (60) days following the date of the meeting at which no quorum was forthcoming. Section 6. Date of Commencement of Annual Assessments; Due Dates. Except as provided in Section 9 of this Article IV, all Lots upon which buildings have been constructed shall be subject to the annual or monthly assessments provided for herein on the first day of the month following the issuance of a certificate of occupancy permit by the City of Boise for the particular unit on the Lot. No assessment shall be levied against or payable by any Lot on which no dwelling has been constructed. The board of directors shall fix the amount of the regular assessment at least thirty (30) days in advance of each assessment period (provided that the assessment for calendar year 1993 may be f fixed, and notice thereof given, at a later day, effective for the full calendar year). Written notice of the assessment dates shall be established by the board of directors. The Association shall, upon demand at any reasonable time, furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a particular Lot have been paid. A reasonable charge may be made by the board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date,. the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12$) per annum. The secretary of the said Association shall file in the office of the County Recorder for Ada County, Idaho, a lien reflecting the amount of any such charges or assessments, together with interest, as aforesaid, which have become delinquent with respect to any lot on Said Property, and upon payment in full thereof, shall execute and file a proper release of the lien releasing the same. The aggregate amount of such assessments, together with interest, costs and expenses and a reasonable attorney's fee for the filing and enforcement thereof, shall constitute a lien on the whole Lot (including any improvement located thereon), with respect to which it is fixed from the date the lien is filed in the office of said County Recorder for Ada County, Idaho, until the same has been paid or released as herein provided. Such lien may be enforced by said Association in the manner provided by law with respect to liens upon real property. The Owner of The Calaveras Covenants, Conditions and Restrictions Pg. 8 • • Said Property at the time said assessment is levied shall be personally liable for the expenses, costs and disbursements, including attorney's fees of the Declarant or of the Association, as the case may be, of processing and if necessary, enforcing such liens, all of which expenses, costs, disbursements and attorney's fees shall be secured by said lien, including all aforementioned expenses, costs, disbursements and attorney's fees on appeal, and such Owner, at the time such assessment is levied, shall also be liable for any deficiency remaining unpaid after any foreclosure sale. No owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Areas or abandonment of his dwelling unit. Section 8. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be inferior, junior and subordinate to the lien of all Mortgages now or hereafter placed upon Said Property or any part thereof . The sale or transfer of any Lot or any other part of Said Property shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any Mortgage, pursuant. to a judgment or decree of foreclosure thereof, shall extinguish the lien of such assessments as to amounts thereof which became due prior to such sale or transfer; and such lien shall attach to the net proceeds of sale, if any, remaining after such Mortgages and other prior liens and charges have been satisfied. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or form the lien thereof . Section 9. Exempt Property. The following Property subject to this Declaration shall be exempt from the assessments created herein: (a) all properties expressly dedicated to and accepted by a local public authority; and (b) any Common Areas. Section 10. Notice to Mortgagees. The Association shall give to the Mortgagee of any recorded Mortgage, which has furnished to the Association its name and current address, written notification of any default by the Mortgagor of performance with respect to such Mortgagor's obligations under this Declaration, By-Laws of the Association or any duly-adopted rules or regulations of the Association, at least twenty (20) days prior to the filing of suit by the Association to enforce those remedies with respect to such default. Section 11. Association Budget. The Association shall prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair and other common The Calaveras Covenants, Conditions and Restrictions Pg.9 • • expenses for the Association's next fiscal year, shall be sufficient to pay all estimated expe. outlays of the Association for the next calen~ growing out of or in connection with the mainter. operation of the Common Area improvements, and may among other things: the cost of exterior mai: management taxes; assessments; irrigation ass special assessments; fire, casualty and public insurance; common lighting; irrigation; landscaping of the grounds; repairs, renovations and paintings Areas; snow removal; wages; water charges; 1~ accounting fees; management fees; expenses and li incurred by the Association under or by reason Declaration; the payment of any deficit remainin previous period, and the creation of any r contingency or other reserve or surplus fund, as we costs and expenses relating to the Common ~ improvements. As part of the regular annual assess; maintenance authorized above, the board of direct annually f ix the amount to be contributed pro rats Member to reserve funds for the purpose of defr< whole or in part, the cost or estimated cost na wnicn ases and lar year ance and include, ~tenance; :ssments; .iability and care :o Common ;gal and abilities of this ; from a :asonable L1 as all sea and Tents for ors shall by each ying, in of any reconstruction, repair or replacement vt 11Urtvvcaucal~.~, including f fixtures and personal property related thereto. Such determination shall be make after consideration of the need for additional funds and of the Association's capital position. The board shall maintain a separate account for those funds. The board shall fix the method of payment of such assessments and shall be empowered to permit either lump sum or monthly payments. Separate records shall be maintained for all funds deposited to said account, which shall be designated as reserve account. The initial budget to be adopted by the board pursuant to this Declaration shall be for the calendar year 1995. Thereafter, each budget shall be for the ensuing calendar year, which shall be the Association's fiscal year. Section 12. Regair, Etc.. If any of the property located in the Common Area and/or improvements located upon other property located within the subdivision owned by the Association is damaged or destroyed, the Members shall, at a special meeting called for that purpose, determine whether to rebuild, repair, restore or otherwise take action with regard to such damage or destruction. A quorum shall be necessary for any such decision, in accordance with the provisions of Sections 3 and 5 hereof, and, further, any such action shall be approved by the affirmative vote of not less than fifty-one percent (515) of the votes of Members who are voting in person or by proxy at such meeting duly called for this purpose, written notice of which shall be sent to all Members not less than ten (10) days nor more than fifty (50) days in advance of the meeting, unless waived in writing. The Calaveras Covenants, Conditions and Restrictions Pg.10 • ARTICLE V ARCHITECTURAL CONTROL Section 1. Approval. No building, fe ce, wall, hedge, structure, addition, painting, improvem nt, obstruction, ornament, or planting shall be plac upon, added or permitted to remain upon 'any part of Said Property unless a written request for approval thereof containing the plans and specifications therefor, including exterior color scheme, has been approved, in writing, by the board of directors of the Association. Applications for approval shall be made to the Association's board of directors. In the event said board fails to approve or disapprove such design or location within sixty (60) days after said plans and specifications have been submitted in writing, approval shall not be required and this article will be deemed to have been fully complied with. Section 2. Construction Restrictions All homes shall have a minimum 1400 sq. ft. building requirement, single level, plus double car garage, and shall conform to architectural elevations compatible to the project in general. All construction plans, elevations, must conform to FHA/VA and Boise City specifications and meet architectural /ry committee approval. Said approval or disapproval will be by the Declarant within sixty (60) days aftersaid plans and specifications have been submitted in writing. ARTICLE VI MISCELLANEOUS A. Enforcement and Non-Waiver: Any lot owner, or homeowner association, whether or not directly affected, shall have the right to enforce, by any proceeding at law or in equity, any violation or threatened violation of a provision of this Declaration. The failure of any person to enforce any covenant or restriction herein contained shall not be deemed a waiver of the rights granted herein. Waiver of one breach does not constitute waiver of any other breach. There can be no waiver of the right to solar access created by this Declaration. B. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way effect any other provisions, which shall remain in full force and effect. C. Duration and Applicability to Successors: The Covenants, condition a d restrictions set forth in this Declaration shall be i.h fect perpetually, shall run with the land and shall i e to the benefit of and be binding The Calaveras Covenants, Conditions and Restrictions Pg.ll • • upon the Declarant and all lot owners in the subdivision and their successors in interest. D. Amendment This Declaration action of the owners of a majority subdivision affected by such_amen amendment does not reduce-tlre'~amou protection provided;t~he subdivision approved by the C'~y ~.~ City. ARTICLE I; may be amended by the of the lots in the nt provided the nt o olar access and he amendment is Section 1. Maintenance of Common Areas, Etc. The Association shall maintain or provide for the maintenance of the Common Areas and Limited Common Areas, including, but not limited to, sanitary sewer, water lines and drainage facilities and lines upon Lots privately owned within the subdivision. Section 2. Interior Maintenance. Each Owner shall be responsible for maintaining and keeping in good order and repair the interior of his own dwelling unit, the deck of the balcony and the surface of patio areas. Section 3. Exterior Maintenance. The Association shall maintain or provide for the maintenance of the exterior of all residence and fences constructed on Lots which shall be a common expense of the Association, excluding, however, door exteriors and windows. Section 4. Types of Insurance. The Association shall obtain and keep, in full force and effect at all times, the following insurance coverage provided by companies duly authorized to do business in Idaho. The provisions of this article shall not be construed to limit the power or authority of the Association to obtain and maintain insurance coverage, in addition to any insurance coverage required hereunder, in such amounts and in such forms as the Association may deem appropriate from time to time. (a) Casualty Insurance. Each Lot, improvements constructed thereon, and carports, if any, shall at all times be insured for the full replacement thereof in the event of damage or destruction, including fire and extended coverage, which policy or policies shall be purchased by the Association and show the Association, the Owners and Mortgagees as named insureds as their interest may appear. The Association may comply with the above requirements by the purchase of blanket coverage and may elect such "deductible" provisions as, in the Association's opinion, are consistent with good business practice. No individual Owner shall be excused from assessments attributable to such policy for any reason and the existence of such a blanket The Calaveras Covenants, Conditions and Restrictions Pg.12 policy is declared to be in the mutual interests of all Members who are entitled to vote two-thirds (2/3) of all votes of Members who are voting in person or by proxy at a meeting duly called for this purpose. (b) Public Liability and Property Damacte Insurance. The Association shall purchase broad form comprehensive liability coverage in such amounts and in such forms as it deems advisable to provide adequate protection. Coverage shall include, without limitation, liability for the personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation, maintenance and other use of the Project. (c) Workmen's Compensation and Employer's Liability Insurance. The Association shall purchase workmen's compensation and employer's liability insurance, and all other similar insurance, in respect of employees of the Association in the amounts and in the forms now or hereafter required by law for any employees of the Association. (d) Fidelity Insurance. The Association shall purchase, in such amounts and in such forms as it shall deem appropriate, coverage against dishonesty of employees, destruction or disappearance of money or securities, and forgery. (e) Other. The Association may obtain insurance against such other risks, of a similar or dissimilar nature as it shall deem appropriate with respect to the Project, including any personal property of the Association located thereon. (f) Form. Casualty insurance shall be carried in a form or forms naming the Association as the insured, as trustee for the Owners, which policy or policies shall specify the interest of each Owner (Owner's name. unit number, the appurtenant undivided interest in the Common Area), and which policy or policies shall provide a standard loss payable clause providing for payments of insurance proceeds to the Association, as trustee for the Owners, and for the respective first Mortgagee which from time to time shall give notice to the Association of such first Mortgagees, such proceeds to be used in accordance with this Declaration. Each policy shall also provide that it cannot be canceled by either the insured or the insurance company until after ten (10) days' prior written notice is first given to each Owner and to each first Mortgagee. The Association shall furnish to each Owner and Declarant a true copy of such policy together with a certificate identifying the interest of the Owner. All policies of insurance shall provide that the insurance thereunder shall be invalidated The Calaveras Covenants, Conditions and Restrictions Pg.13 ! ~ or suspended only in respect to the interest of any particular Owner quilty of breach of warranty, act, omission, negligence or noncompliance with any provision of such policy, including payment of the insurance premium applicable to that Owner's interest, or who permits or fails to prevent the happening of any event, whether occurring before or after a loss, which under the provisions of such policy would otherwise invalidate or suspend the entire policy. All policies of insurance shall provide further that the insurance under any such policy, as to the interest of all other insured Owners not quilty of any such act or omission, shall not be invalidated or suspended and shall remain in full force and effect. Public liability and property damage insurance shall name the Association as the insured, as trustee for the Owners and shall protect each Owner against liability for acts of the Association, its agents and employees, in connection with the ownership, operation, maintenance or other use of the Project. (g) Owner's Responsibility. Insurance coverage on the furnishings initially placed in the unit by Declarant, and casualty and public liability insurance coverage within each individual unit, and for activities of the Owner not. acting by the Association with respect to the Common Area insurance coverage against loss from theft on all perso 1 property, and insurance coverage on items of personal property placed in the unit by the Owner, shall be the responsibility of the respective Owners. (h) Insurance Proceeds. The Association shall receive the proceeds of any casualty insurance payments received under policies obtained and maintained pursuant to his article. The Association shall apportion the proceeds to the portions of the proceeds attributable to damage to the Common Area. To the extent that reconstruction is required herei , the proceeds shall be used for such purpose. To the exterlZ~ that reconstruction in not required herein and there is a determination that the Project shall not be rebuilt, the proceeds shall be distributed to the Owners equally. Each Owner and each Mortgagee shall be bound by the apportionment's of damage and of the insurance proceeds made by the Association pursuant thereto. (i) Owner's Own Insurance. Notwithstanding the provisions of Section 4 hereof, each Owner may obtain insurance at his own expense providing coverage upon his Lot, his personal property, for his personal liability, and covering such other risks as he may deem appropriate, but each such policy shall provide that it does not diminish the insurance carrier's coverage for liability arising under insurance policies which the Association obtains pursuant to this article. All such insurance shall waive the insurance The Calaveras Covenants, Conditions and Restrictions Pg.14 • company's right of subrogation against the Association, the other Owners, and the servants, agents and guests of any of them, if such insurance can be obtained in the normal practice without additional premium charge for the waiver of rights of subrogation. ARTICLE VIII CASUALTY DAMAGE OR DESTRUCTION Section 1. Affects Title. Title to each- Lot is hereby made subject to the terms and conditions ,hereof, which bind the Declarant and all subsequent Owners, whether or not it be so expressed in the deed by which any Owner acquires his Lot. Section 2. Association as Agent. All of the Owners irrevocably constitute and appoint the Association their true and' lawful attorney in fact in their name, place and stead for the purpose of dealing with the Project upon its damage or destruction as hereinafter provided. Acceptance by any rantee of a deed f~i~m the Declarant or from any Owner s constitute suc appointment. Section 3. General Authority of Association. As attorney in fact, the Association shall have full and complete authorization, right and power to make, execute and deliver any contract, deed or other instrument with respect to the interest of an Owner .which may be necessary or appropriate to exercise the powers herein granted. Repair and reconstruction of improvements as used in the succeeding sections mean restoring the Project to substantially the same condition in which it existed prior to damage, ,with each dwelling unit and improvements, having substantially the same vertical and horizontal boundaries as before. The proceeds of any insurance collected shall be available to the Association for the purpose of repair or reconstruction unless the Owners and all first Mortgagees unanimously agree not to rebuild in accordance with the provisions set forth hereinafter. In the event any Mortgagee should not agree to rebuild, the Association shall have the option to purchase such Mortgage by payment in full of the amount secured thereby if the Owners are in unanimous agreement not to rebuild. The Association shall obtain the funds for such purpose by special assessments under Article IV of the Declaration. Section 4. Estimate of Costs. As soon as practicable after an event causing damage to, or destruction of, any part of the Project, the Association shall obtain estimates The Calaveras Covenants, Conditions and Restrictions Pg.15 • 7• that it deems reliable and complet the costs of repair or reconstruction of the part of the Project damaged or destroyed. Section 5. Repair or Reconstruction. As soon as practicable after receiving these estimates, the Association shall diligently pursue to complete the repair or reconstruction of that part of the Project damaged or destroyed. The Association may take all necessary or appropriate action to effect repair or reconstruction, as attorney in fact for the Owners, and no consent to other action by any Owner shall be necessary in connection therewith. Such repair or reconstruction shall be in accordance with the original plans and specificationsof the Project or may be in accordance with any other plans and specifications the Association may approve, provided that in such latter event the number of cubic feet and the number of square feet of any unit may not vary by more than five percent (5~) from dwelling units as originally constructed pursuant to such original plans and specifications and the location of the buildings shall be substantially the same as prior to damage or destruction. Section 6. Funds for Reconstruction. The proceeds of any insurance collected shall be available to the Association for the purpose of repair or reconstruction. If the proceeds of the insurance are insufficient to pay ,the estimated or actual cost of such repair or reconstruction, the Association, pursuant to Article IV hereof, may levy in advance a special assessment of repair or reconstruction. Such assessment sh be allocated and collected as provided in that article. rther levies. may be made in like manner if the amounts co lected prove insufficient to complete the repair or reconstruction. Section 7. Disbursement of Funds for Repair or Reconstruction. The insurance proceeds held by the Association and the amounts received from the assessments provided for in Article IV constitute a fund for the payment of cost of repair and reconstruction after casualty. It shall be deemed that the first money disbursed in payment for cost of repair or reconstruction shall be made from insurance proceeds; if there is a balance after payment of all costs of repair or reconstruction, such balance shall be distributed to the Owners in proportion to the contributions by each Owner pursuant to the assessments by the Association under Article IV of this Declaration. Section 8. Decision not to Rebuild. If all Owners and all holders of first Mortgages on Lots agree not to rebuild, as provided herein, the Project shall be sold and the proceeds distributed in the same manner herein provided in the event of sale of obsolete units, as set forth in Article IV, Section 4 (h). The Calaveras Covenants, Conditions and Restrictions Pg.16 • • Section 9 Deductable. Any member responsible for a casualty or liability damage claim will be required to pay for the insurance deductible required by the respective insurance carrier. ARTICLE IB PROPERTY USE RESTRICTIONS The following restrictions shall be applicable to the real property subject to this Declaration and shall be for the benefit of, and limitation upon, all present and future Owners of Said Property or any interest therein: Section 1. Unless written approval is first obtained from the board of directors, no sign of any kind shall be displayed to public view on any building or Buildin Site on Said Property except one prof o not more five square feet advertis'ng he for sale or rent, or signs used by "Declarant" or its successors i suc successor - acquires all of the remaining .Lots owned by Declarant) to advertise the Property during the construction and sales period. If a Property is sold or rented, any sign relating thereto shall be removed immediately except that the Declarant, and only Declarant or its agent, may post a "sold" sign for a reasonable period following a sale. Section 2. No animals, birds, insects or livestock shall be kept on Said Property except domesticated dogs, cats or other common household pets which do not unreasonably bother or constitute a nuisance to others and on such portions of roads and other public ways or easements as may be designed or permitted for such use from time to time by the Association. No dogs or cats in excess of two shall be kept by any residential household within said subdivision, and no animals of any kind shall be bred or kept for commercial purposes. All dogs must be leashed when outside a dwelling unit, and shall not be allowed in the Common Area or kenneled outside the dwelling units. Section 3. No part of Said Property shall be used or maintained as a dumping ground for rubbish, trash, garbage, or any other waste. No garbage, trash or other waste shall be kept or maintained on any part of Said Property except in a sanitary container. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and shall not be permitted to be in public view. Section 4. No noxious, offensive or unsightly condition 11 be permitted upon any part of Said Property, nor all anything be done thereon which may be or become a oyance or nuisance to the neighborhood. The Calaveras Covenants, Conditions and Restrictions Pg.17 • • Section 5. No trailer, camper-truck, tent, garage, barn, shack or other outbuilding shall at any time be used as a residence temporarily or permanently on any part of Said Property. Section 6. Parking of junk cars, or other unsightly vehicles, shall not be allowed on any part of Said Property nor on public ways adjacent thereto. All other parking of equipment shall be prohibited except as approved in writing by the board of directors. Automobiles shall not be parked upon the portions of the Common Area designated as street. Section 7. No Owner shall remove or otherwise alter any plant, tree or any landscaping or improvements in any Common Area without the written consent of the board of directors. Section 8. The Owners shall not materially change the color of paint, stain or finish from that initially placed upon the exterior of the improvements placed upon Said Property without first obtaining the approval of the board of directors. Section 9. Each Owner shall at the Owner's sole cost and expense landscape his Lot. The Association shall, after installation of landscaping by each Owner on his Lot, maintain the installed landscaping and the Owner shall have no right to change or modify the landscaping without prior approval of the Association. Section 10. No overhangs, wing walls or other architectural appendages shall encroach or project onto adjoining Lots. Section 11. There shall be no television antenna, ham radio antenna, or other appurtenances or appendages to any dwelling unit except as are approved by the board of directors. Section 12. There shall be no metal storage nor wood storage attachments to any dwelling unit except as approved by the board of directors. Section 13. All dwelling units within the subdivision shall be used solely for residential purposes and shall be occupied by not more than one family unit. The construction of separate principal buildings on any lots is prohibited. Section 14. Adoption of Rules: The Association, through its board of directors, may adopt reasonable rules not inconsistent with this Declaration relating to the use of the Common Area and all facilities thereon, and the conduct of owners and their tenants and guests with respect to the Property and other Owners. The Calaveras Covenants, Conditions and Restrictions Pg.18 • • Section 15. Use of Recreational Facilities in the Common Area: The Association shall have the power to limit the number of an Owner's guests who may use the recreational facilities. Section 16. Right to Lease: The respective individual units or any portion thereof shall not be rented by the Owners thereof for transient or hotel purposes, which shall be defined as (a) rental for any period less than thirty (30) days, or (b) any rental if the occupants of the unit are provided customary hotel service such as room service for food and beverage, maid services, furnishing laundry and linens, and bellboy service. Subject to the foregoing restrictions, the Owners of the respective units shall have the absolute right to lease same provided that the lease is made .subject to the covenants., conditions, restrictions, limitations and uses contained in this Declaration. Section 17. Clothes Lines: No exterior clothes lines shall be erected or maintained and there shall be no outside laundry or drying of clothes. Further, no clothes washers, clothes dryers, refrigerators or freezers may be kept, stored or operated on any balcony, patio, porch or other exterior area. Section 18. Drapes: No portion of any drapes, blinds or curtains, which are installed on the interior of any residence, which may be seen from outside such residence, shall be of a color, texture or ma 'a opinion of the board o~ Architecti,ra~ e~ntrol Committee is inharmonious with the exterior appearance of /~~~ _ _ A residences . %%~~ ~~ Section 19. Basketball Standards: No basketball standard or fixed sports apparatus shall be attached to the exterior surface of any residence or carport, or affixed to any portion of the Common Area. ARTICLE X EASEMENTS Section 1. General. All conveyances of Lots, and the Common Area, shall be subject to the foregoing restrictions, conditions, and covenants, whether or not the same be expressed in the instruments of conveyance, and each and every such instrument of conveyance shall likewise be deemed to grant and reserve, whether or not the same be declared therein, mutual and reciprocal easements over, across and under all Common Areas and easements over all Lots for maintenance and otherwise as authorized by this Declaration, and easements as otherwise shown on the plat for the Property, and excepting any portion of Said Property which may now or hereafter be occupied by a residence. The Said The Calaveras Covenants, Conditions and Restrictions Pg.19 • Property shall not thereafter be subject to any easement nor theretofore applied to use or provided for herein, for the purpose of building, constructing and maintaining thereon underground or concealed electric and telephone lines, gas, water, sewer, storm drainage lines, radio or television cables, and other services now or hereafter commonly supplied by public utilities or municipal corporations. All of said easements shall be for the benefit of all present and future Owners of Property subject to the jurisdiction of the Association by covenants and restrictions recorded and approved as hereinabove provided; said easements, however, shall not be unrestricted, but shall be subject to reasonable rules and regulations governing rights of use as adopted from time to time by the directors of the Association in the interests of securing maximum safe usage of Said Property without unduly infringing upon the rights or privacy of the Owner or occupancy of any part of Said Property. The easements provided for in this article are in addition to those set forth in Article III. Section 2. Common Areas. A further mutual and rec' rocal easement for sidewalk purposes is granted and reserve over across the Common Areas in the Said Property, for the purpose of constructing, maintaining and repairing sidewalks for the benefit of the residents of Said Property, their tenants and quests, for the .ingress and egress subject, however, to rules and regulations reasonably restricting the right to use thereof for the safety and welfare of the public as may be promulgated from time to time by the Association and/or public authority. Section 3. Party Walls. The dwelling units constructed upon the Lots include party walls, being the common walls between two dwelling units, separating the units. Such party walls are intended to be constructed upon the Lot boundary lines separating adjoining Lots. To the extent any party wall exists, encroaches or overlaps upon a Lot, there is hereby created a common reciprocal easement for the location of such party wall. Each Owner shall have the right to use the surface of any party wall contained within the interior of the Owner's dwelling unit, provided that an owner shall not drive, place or cause to be driven or placed any nail, bolt, screw or other object into a party wall which penetrates the surface of such party wall more than one inch. The Owner shall respectively own to the centerline of any party wall. In the event any party wall is damaged or destrgyed through the act or negligence of an Owner, that Owner shall be obligated to repair or replace the party wall. ARTICLE %I GENERAL PROVISIONS The Calaveras Covenants, Conditions and Restrictions Pg.20 • Section 1. Enforcement. The Association, or any Owner, or the Owner of any recorded Mortgage upon any part of Said Property, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Association, or by any Owner, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In the event suit is brought to enforce the covenants contained herein, the prevailing part shall be entitled to recover a reasonable attorney's fee in addition to allowable cost. Section 2. Irrigation and Water Ricrhts. This subdivision is within the Nampa-Meridian Irrigation District and subject to any and all assessments of said District and any and all other water districts or authority within the subdivision. The Declarant has made no provisions to supply irrigation water to the individual lots. The construction and expense of any such system is the obligation of the lot owners, at their option, and not the Declarant. Any right of withdrawal from such district or districts must be taken up directly with the district and is not the obligation of the Declarant. ~7 r~.~y,, Section 3. Governmental Regulations. Approval by the City of Meridian or any other governmental entity vested with the responsibility of reviewing planning and zoning having jurisdiction over this subdivision, of any application made by any Owner which is in conflict with any covenants, conditions or restrictions of this Declaration shall in no way affect or invalidate this Declaration, but this Declaration shall remain in full force and effect, and subject to enforcement and remedies for violation hereof. In the event of a conflict between any provision of these Restrictive Covenants and ng r building .code requirements of the City o Boise ity or any other governmental entity having 'u diction over this subdivision, the more restrictive or limiting requirement shall be followed. Section 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 5. Term of Restrictions an Amendment. The covenants and restrictions of this Declaration shall run with the land described herein, and shall be binding upon the parties hereto and all successors in title or interest to said real property or any part thereof, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants and restrictions shall be automatically extended for successive periods of The Calaveras Covenants, Conditions and Restrictions Pg.21 • ten (10) years unless the Owner or Owners of the legal title to not less than two-thirds (2/3) of the platted Lots, by an instrument or instruments in writing, duly signed and acknowledged by them, shall then terminate or amend said restrictions. Such termination or amendment shall become effective upon the filing of such instrument or instruments for recording in the office of the County Recorder for Ada County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the records of the plats and record of this deed in which these restrictive covenants are set forth, and all amendments thereof. Section 6. No Right of Reversion. Nothing herein contained in this Declaration, or in any form of deed which may be used by Declarant, or its successors and assigns, in selling Said Property, or any part thereof, shall be deemed to vest or reserve in Declarant or the Association any right of reversion or reentry for breach or violation of any one or more of the provisions hereof. Section 7. Benefit of Provisions - Waiver. The provisions contained in this Declaration shall bind and inure to the benefit of, and be enforceable by Declarant, the Association and the Owner or Owners of any portion of Said Property, and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by the Association or by any of the Property Owners or their legal representatives, heirs, successors or assigns, to enforce any of such conditions, restrictions or charges herein contained shall in no event be deemed a waiver of the right to do so. Section 8. Assignment by Declarant. Any or all rights, powers and reservations of Declarant herein contained may be assigned to the Association or to any other corporation or association which is now organized or which may hereafter be organized and which will assume the duties of the Declarant hereunder pertaining to any such corporation or association evidencing its intent in writing to accept such assignment and assume such duties it shall, to the extent of such assignment, have same rights and powers, and be subject to the same obligations and duties as are given to, and assumed by, Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised by the Declarant alone, so long as it owns any interest in any portion of Said Property. Section 9. MortQaciees' right to Satisfy Oblic7ations of the Association. In the event that the Association fails to pay any debt or sum lawfully owed by it, for which a lien has been placed against the Association common Property, or in the event that the Association fails to pay premiums due on insurance policies required by these covenants, the lapse The Calaveras Covenants, Conditions and Restrictions Pg.22 • • of which would jeopardize a Mortgagee's security, a Mortgagee may pay said sum of premium after first having served five (5) days' written demand for such payment of the Association. In the event that the Association has allowed said insurance policies to lapse, a Mortgagee whose security is jeopardized thereby may secure new comparable insurance coverage. In the event that a Mortgagee makes payments allowed hereunder, it shall be entitled to prompt reimbursement from the Association. Section 10. Annexation. Additional residential property and Common Area may be annexed to the Property with the Consent of two-thirds (2/3) of each class of Members. Section 11. FHA/VA Approval. As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: Annexation of additional properties, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions. IN WITNESS WHEREOF, the Declarant herein, has hereunto day of , 199_ ATTESTED: Secretary undersigned, being the set its hand and seal this D. J. INVESTMENTS, INC. By President The Calaveras Covenants, Conditions and Restrictions Pg.23 • STATE OF IDAHO County of Ada On this day of , 199_, before me, the undersigned, a Notary Public in and for the State, personally appeared ~ known or identified to me to be the President, respectively, of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at: My commission expires: The Calaveras Covenants, Conditions and Restrictions Pg.24 • ~ AECE~~~En 4 C T 1 9 1994 CITY OF MERIDIAN ~~~~ & fir ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 17 October 1994 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Stan McHutchison, P.E. Boise 345-2431 Briggs Engineering Inc. 1111 South Orchard, Suite 600 Boise, Idaho 83705. Re: King Street Station Subdivision Dear Stan: The above mentioned project will not affect the Nampa & Meridian Irrigation District in any way; therefore, we have no further comments regarding this projects. Please feel free to contact me if further information is needed. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Sec tary of the Board ,~2~ty of Meridian .Ada County Developmer_t Services Bill Henson File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 t S • D.J. Investments c/o Frontier Realty Services, Inc. 4619 Emerald St., Suite A-2 Boise, ID 83706 September 20, 1994 housing and urban Development Plaza IV, Suite 220 800 Park Blvd. Boise, ID 83706 - ATTN: Mr. Phillip Burch, Assistant Director RE: Ring Street Station Subdivision Meridian and King Sts., Meridian, Idaho Dear Mr. Burch: ~~~~~~ ~~ 0 ~ ~ _ 4 1994 CrfY ~,~ N['E~iD~AN This is a formal request for the above subdivision to be considered for HUD's "Joint Venture for Affordable Housing", program. The project will consist of 20 townhouses, built as 5 four-plexes in downtown Meridian. The price range for these units will be under $80,000 each, 3 bedroom, 2 bath, and approximately 1,053 sq. ft. per unit. There will be a homeowners association and landscaped common area . We have just started construction on the project with the development to be completed in November. Presently we are negotiating for a builder to do the townhouse construction, with construction starting in early 1995. I feel this project will be a definite asset to affordable housing and the City of Meridian. The City of Meridian has been very cooperative in the approval process of the project. Attached is documentation regarding the subdivision. Sincerely, William A. Narver Project Manager copy: Grant Kingsford, Mayor, City of Meridian • • ENGINEER/NG BRIGGS 1 N C• D & J Investments Attn: Bill Narver 4619 W. Emerald Boise, Idaho 83706 Re: King Street Station Subdivision DP~r Bill: September 19, 1994 ~~ You requested information on the applications submitted and approved by the City of Meridian on the King Street Station project. Applications for preliminary and final plat were submitted and approved. The approval was for 20 townhouses on a 1.164 acre parcel. A Conditional Use application was submitted and approved on the project. The existing zoning designation is Old Town (OT) which requires conditional use approval prior to development. The project was approved with 20 townhouse units, 40 parking spaces, a private driveway and common areas consisting of 22,108.54 square feet. A variance request was required to allow a zero lot line design. The Meridian Zoning Ordinance has no provisions for zero-lot line development. The Meridian City Council approved the variance because the Old Town Zone promotes zero-lot line development and the zoning ordinance lacks the provisions to allow zero-lot line. The project has received all necessary approvals from the City of Meridian. If you have any additional questions, please feel free to call me. Sincerely, BRIGGS ENGINEERING, Inc. Becky L. Bowcutt Land Use Planner 930730 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 • • 4 ~ I i~~ ~, ,I , ijl~~~ i I~il i~' (I~ ~~~ i,~l!I,~~I! c:.~ ~i ~' '- Z ~ ~ (N~ ~ QJ ~ H ~ ~~p ~ N O Z O II ~~I~I ~!I~I~! !~j !I 'Ill;jj(i: z I , li ; ;l~ ~ li j~l~~!li l ~ li ,il,~ O ~ ~ i ' ~~ ~ il ! ji ! ~ ~, I ~ ;, ~~~~I I~~;l il ~ ll; . ! ~ i ~ ; ~ ; , , ; ,i~, C :. _ :. iii ; E ~ i F . :~ - ir, ` `~ ~ r r ~ e~ .fs '4 ~ ~.. ... is :r i w ~,' i ~_ .. ~~ Ili-~~ Il~~lli~ I ~ !III 0 ~ ~' n~.. ~ A ~D ~ O v' ~ ~ c a . o ~ ~ ~o• n V ~ ~ ~ ~ ~ d ~ k `~ 4 ~ ELEVA'f10N5 UNIT d KING STREET STATION ~r...a.,a~u D. J. INVESTMENTS . 4,.• •~ ~ i i ~ ' V r t ~ ~ ~ ~r. • 9 '. _f, . - °~ - ' ~. . .- .~ - 0 O . ~ :.. ~ ,~ .. ~ ~ ' ~ - ~ y ~~; ( ,, r ~. ._ L . , ~_ ~~ .. ~ I ~4J~a ~' .. , K ~, T ' O O K ~ ~ ~ ~ ~ ~ Ia i ~ ~ ~[~ ~~ °' ~ Q ~ I r_ 1 + ` Q I _ ... ~ _j I I- ~_ A ~ I I 11~~ I ~ ' .. ~ '1 I ~_'~ i I k`c~n _ I . ~ . ~_ ' , ~ ~ + ~ ~ ~~ -, I ~ ~ ~ I -- ~ oa ~ ~ ,. . _J 1 ETV- ~ I ~ i 7 ' - I - II ~~J.°.: t O a e _ ~ 1 I I i i I I - ~~ ~ ~ I I I ~ i l I ~ I r- I :+ ~ I I _~ ~ i Lu ~ -+r- ~~ I r~~ ~ ~ ~ ~' ~ I I ~ ~ ~~~ - ~ I ~ . o~ ~ _ ~ _ I ~ I ~ 'I . , ., ; _ ~, -~ I E T-- - e ____ ~ ~ ! ~ i I t 3 ~ ~ ~ ,. ' ~ ~ ~fi KING STREET STATIGN r.~~ Z fl . MAIN FLOOD PLAN UNIT d D.J. INVESTMENTS ~.,,,...,,,.,,. .s ~.rew • i.. D r m A V 0 O O •.. .. ~. g ~ Z . ~ r . N •,.~~ ~i: . . . ' 4c,. ~ "a ' ~, _ ~, . ~ • . a + ~ 3 ~ KING STREET STATION ~. - ~ ~ UPPER FLOOR PLAN ~ ~ ~ Q • D.J. INVESTMENTS .+..+i.~.-. ~~ • ~ I A r ~~s ~~ ~° J' ~~ ;a -Klwo srweer p2-~ Si .+..,c.s w se•~.vs~ --- I 1 ~' --•' ---- ~. 111 s esaru' ~ la.oo' a ~ ~'~ ~ ,. Ila I ~• I c~ ~_~ ~ • s , . I l ' I f I II , $ ,; , ~o I $i= ~- i `' ~ " ' ' I L ~ ~ ~ ~ ` I f3 ~ + i it I, I Q § o I a~S Ate n ~ ',I ~'I l + 1^ h~J I eioa;t N _ I I Y Ii---~- I I ~i F ~~ l G i~ i I V -0 . ~ ~ OI i ~ I i r -.. / ' I =I ~ i ~ >Y f ~~ ~ I' I ee 1 ° ~ 4 ~ i ' X ~ i ` ' ~ 8 t t 1 etoc ~ gg ~ CI ,I ~t r'~, ' ~ T 1 ,$ \ i 81 'I I rl I ~ ~I II ~' C WT 101+ $ p$C 8 ~ t iI 1 q s t I' I I ... sui ~~~_ ~~~~~~~~~: I b3>Q I ~ t it ~ ~ ~~ 24 y R LOr 7 R l0+ t ~ '~ ~ R R } i~ 4 ~~ N ~ it 1 ~--____ ' 0 =-~--°--~ I I .i V + t f i, , - , lot 7 wr t I m s ~' I i t v I I r f e I ~Or • lAT • i 1, I •' 1 n _ _ _.._. ~ / ~ _._L , \ ,.. ,_. ~ MWAYS StN t ~8 ~ ~ / ~ ~ ~ I I ~ I I I . 1~ ~,/4 fE I 6bL iIF 'I I 1 .. I i I J ° / K •{ i y I~ I ~II~ ~~ .. at _ _ ___~ O ~ _~ O • ~ i ~ ,, `o~ r a ~ E7 ~ ~ / i~ ~_! ~ I I N % ~ .." , I ; 1 11 ; ~ / R s • ` / I ,V. ~. I _~ t 'INFO ! I ^ pip. y~~2 nppN~ ~ - - E _~ j ~.... .._ ~ '• i _._.... -~ ~a > Nw _ it 1 I p ~ ". r n~' o ^ •I , • m ~~~~ ~~~ ~iI~.WKUN~ MOAD _ N esva'+sre ~~ • ~ -.t' F'-~-~~ 1 i, jl' ~_ I ~'I 1 l l ~ i ~ l I I I I ' ~~~~;8~;~z ~#~ ea€~Ti~! il~Qd ~••• (I t; P 2 i ea.~•-D~ ~Itl' '~ ,.Ji.rt 31 QQ~~I~'~s}s Fi=; i'y si O i p i m 0) Z A; Z p p p ~ p ~ N p~ r C Z > 0 ~ > O~ r A~ n p 0 2 A r ~ o ~_, r 0~ O N .. o ~ m a !° A 1 N O N p p ~ m p a 2£ N + O ~ ., n u °o o ~ N ~' w O ' ~ N ~ 0' . I ^ y i I t 1 '~"~•~> • • CENTRAL •• DISTRICT ~HEALT DEPARTMEN To prevent and treat disease 94-458 H T MAIN OFFICE • 107 N. ARMSTRONG Pl. • BOISE, ID. 83704 • (208) 315-211 • FAX: 327-8500 and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. September 21, 1994. ~~~~ sip z 3 ~~~~ DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE ID 83702 RE: KING STREET STATION SUBDIVISION Dear Mr. Navarro: Central District Health Department,- Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on September 20, 1994. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, %~~ ~ ~r~ Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Director .HUD City of Meridian DJ Investments Briggs Engineering, Inc. Serving Valley, Elmore, Boise, and Ada Counties Ada I Boise County Office 101 N. Armstrong PI. Boise. ID. 83104 Ernriro. Heolth: 327-7499 =cmily Plonnmg: 321-1400 !mmunizctions: 327-i 450 Nutrtion: 321-7460 wir ~~z.7exa WIC Boise • Meridian Elmore County Office Elmore County Office Vauey County Office 1606 Roberts 520 E. 8th Street N. of Envaonmental Heatlh P ~ Box i449 Boise.,D. MountainHome.ID. 190;. 4th Street E. :~~o!LID 83638 83'05 Ph. 334-3355 83647 Ph. 587-4407 Mourtc,n Home ID. =~ `.34-1 i9c 324 Merioian, ID. 83647 Ph.587-9225 33642 Ph. 888-6525 _. • • Meridian City Council August 16, 1994 Page 6 EFFECTIVE DATE. Is the Council prepared to act on Resolution #158? Morrow. Mr. Mayor, t ~nrould move that we adopt Resolution #158. Yerrington: Second Kin sford: Moved by Walt, second by Ron to approve of adopting Resolution #158, all 9 those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PRELIMINARY PLAT FOR BEDFORD PLACE SUBDIVISION (TABLED AT AUGUST 2, 1994 MEETING): . Kin sford: The major reason for tabling those you couldn't approve it until annexation, was 9 there additional items that you remember Counselor? Crookston: There was the question of the R-8. Kingsford: But at the last meeting that was basically (inaudible). Any questions of the Council? Tolsma: I would move that we approve the preliminary plat for Bedford Place Subdivision. Yerrington: Second sford: Moved by Ron, second by Max to approve the preliminary plat of Bedford Place King osed? Subdivision all those in favor? Opp MOTION CARRIED: 3 TO 1, COUNCILMAN MORROW VOTED NEA ITEM #11: FINAL PLAT: KING STREET STATION SUBDIVISION, 20 LOTS BY D.J. INVESTMENTS: Kingsford: Does Council have any questions on the final plat for King Street Station? Morrow. Is there someone here that represents King Street Station? Kingsford: Yes, Becky would you come forward and answer Mr. MorrovJs questions please. u Meridian City Council August 16, 1994 Page 7 • Morrow: I would like her to make a small presentation to review us with that and then. Bowcut: This is the final plat for King Street Station, to refresh your memory it is a town house design, it is in the Old Town zone. It is a parcel that is basically an infill property that is developed all the way around it with various mixed uses ranging from Commercial residential, and to semi-industrial across the street. We were proposing to do a pad on each individual town house and then provide parking, 2 spaces per unit on the site. This is a drawing here that was the preliminary, they have patios off the the rear. They also, we provided internal pedestrian sidewalks, central water, central sewer. We are proposing private driveways which is what will be utilized to access the development. It does abut William Street, ACHD has requested that we make some improvements on William Street basically extending the pavement. It is asphalt for a few hundred feet and then it turns to gravel. We have also been working with adjoing property owners, Mr. Forrey owns I think a parcel there. We have worked with him to put some additional curbing along William Street. We will interconnect Williams but we are doing so in such a manner that would not promote traffic to exit Williams but will promote traffic to exit out King Street. We will not have any direct access to Meridian Road that would be vertical curb at the end of the driveway right at this point right here, that will be vertical curb so that there will be no access onto Meridian road. That is basically in compliance with Ada County Highway District. We provided a conditional use, landscaping plan, elevations, we had some colored renderings that we presented to the Council. We were also required to submit a variance on these zero lot lines because your code does not provide for zero lot line development. I believe some of the questions were asked originally concerning the driveway area to bring that up to the Meridian standard of 25 feet we were at 24, we did so. All of our parking spaces meet Meridian's standards. We meet fire district requirements of 20 feet separation beiween structures. t noticed the few comments made by Mr. Freckleton, they are pretty standard. We did provide this information, possibly it didn't reach him. Item 9 discussing the mixture between ACHD storm drainage and private storm drainage our note on the plat references the drainage is the responsibility of the homeowners association. In fact there is one lot which encompasses all common areas, parking and a private driveway which will be blanket perpetual easement which will run with the land. Storm drainage will be a responsibility of the homeowners association but we do like to put a comment that ACHD does have the right for emergency maintenance in the case of some particular problem. Item 7 is I think the only one of concern that I have addressing 10 foot off set from Meridian Road. Right now, the way she has it drawn, ACRD has asked for a substantial amount of right of way, we had to give additional I think 40 feet from centerline and then taper to the intersection which is a 45 feet from centerline up through here. This property does not have a lot of depth so we were close to the edge of right of way here. Mr. Freckleton would like to see at least a 10 foot separation. I could possibly slide the building in this direction, but I am not sure I can make 10 feet and still keep this section here for walkways and sidewalks, but I can work with it. The Old Town s • Meridian City Council August 16, 1994 Page 8 zone it was my understanding did not have applicable set backs, we referred to the Meridian Fire Department for standard uniform fire code setbacks, so I am not sure how the 10 foot arose. The preliminary plans submitted originally did not have a 10 separation between the edge of right of way and that structure. But I can do some adjustment. Do you have any other questions? Kingsford: Any other questions for Ms. Bowcut? Corrie: I assume you are going to move it back 10 feet? Bowcut: I am going to attempt to do so, 1 hope that 1 can, I've got to maintain a certain depth on those parking areas. And then I can possibly, it looks like we've got a little bit of leeway in here to do some shifting. If I may approach, this is the problematic area through here. We try to keep a specific separation between the sidewalk area and the structure, but obviously this would be better to shift it~this way and open this area up. I may have to reduce this a little bit, but see I've got a set distance here that is required under your code for parking slots. And then a 25 foot through here. Kingsford: Other questions of the Council? I might say Becky, how come that long of a delay between the preliminary and to date. I remember hearing that quite some long time ago. Bowcut: Basically some decisions were made, waiting on the client, they are out of town and then back log at that time. Kingsford: Any other questions of the Council for Becky or staff? Morrow. Maybe Gary can comment on the 10 foot setback, is there any flexibility there? Smith: Mr. Mayor, Council members, we weren't sure of the setback requirements as far as the ordinance was concerned because the way these lots are laid out they are actually building lines as I understand it, is that correct? Bowcutt: Those are the pads where the line reflects yes. Smith: And some of these buildings have their backs apparently towards Meridian Road, some of them will have their sides toward Meridian Road. And the setback thing was kind of a question that we had, it appeared to us that there needed to be some setback from the property line since it is in Old Town I don't know how applicable that is. We raised the question as to whether or not that needed to be addressed. I think Becky has indicated that she will try and move those buildings as much as possible away from that property Meridian City Council August 16, 1994 Page 9 line. • Morrow. I guess my question here would be is that you can move the building reasonably close to the sidewalk, but if you get the building right up against the sidewalk on the interior then you have people running into the building from the sidewalk so it seems to be like there is a little bit of a balance that can be struck there so it v~rks both ways. Bowcutt: Mr. Mayor, if I might comment we will be glad to work with Gary and his staff to try and come up with something that is comparable. Like I said according to Mr. Forrey who was at that time the acting Zoning Director he indicated that there was no applicable setbacks other than your standard between building setbacks under the uniform fire code. So we were kind of questioned, that is unusual we weren't sure what to do in that case either. Kingsford: Other questions of the Council? The motion ought to include then consideration if that is your desire of moving that back 10 feet or as much as possible. Morrow: Mr. Mayor I would move that we approve the final plat for King Street Station subject to staff conditions and the adjustment of the setback to reflect a workable solution. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the final plat of King Street Station subject to staff approval and the effort to make the setback satisfactory to staff, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: FINAL PLAT: HONOR PARK SUBDIVISION NO. 2, 10 LOTS BY WILLIAM HON: Kingsford: Does Council have any questions for either the developer or staff? Morrow: I think a brief presentation would be appropriate concerning that. Kingsford: Is the developer present or his representative? Bowcutt: Honor Park No. 2 is the second phase of a project that came through here a couple of years ago called I-84 Business Park. It has gone through multiple names, it was I-84 Business Park and Norris Park and now Honor Park. I believe this is a commercial subdivision located adjacent to Story Park and the water tower. The only outstanding Wayne S. Forrey, AIC~ Urban Planner and Development Analyst 52 East Franklin Road -Meridian, Idaho 83642 Telephone (208) 887-6015 Fax (208) 887-6049 Comprehensive Planning / City & Regional Plan updates 23 August 1994 Citizen Participation Ms. Anna Doty Community City of Meridian Relati°n5 • 33 E. Idaho Avenue c.°""h Meridian, ID 83642 Management Plan Implementation Dear MS. Doty. Zoning, Annexation & Development I am writing in regards to the development of King Street Station which is located Ordinances near King Street, Meridian. Road and Williams Street. Code Analysis My property is located within 300 feet of this development and I need to receive a t_and l D copy of the City Staff conditions and the Agency conditions as soon as possible, This will eve opment Planning ~ allow me to determine whether or not it is necessary for me to attend the September 6, "egotiations 1994, Public Meeting for final plat approval. Ir.frast: ucture Planning Thank you for your prompt assistance. Revitalization Plans o Respectfully, Econ mic Development ~~ ~,~~,.A~ Community D°velopment ! Wayne S. Forrey, AICP ' F finance Analysis s Fi°cal Im Ali- ations Funding Strategies Public Policy Evaluation Project Management Contract Punning °crvices to ('iC~~es ~ Co~~ noes ~~(~ Member: American Institute of Certified Planners -American Planning Association -Idaho Planning Association • MERIDIAN CITY COUNCIL MEETING: August 16.1994 APPLICANT: D.J. INVESTMENTS AGENDA ITEM NUMBER: 11 REQUEST: FINAL PLAT FOR KING STREET STATION SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS -~/(~/`" ~~'" SEE ATTACHED COMMENTSnn `~ ~f ~ ~' r~ ~ P S ~~ ~ ~~ w ~ ~ ~ ~ SEE ATTACHED COMMENTS '~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS s~ OTHER: • SUPERINTENDENTOFSCHOOLS Bob L. Haley FOR ExCE~`~ DEP Dan Mabe, Finan eD& Administration (ry Z DIRECTORS ? ~~~\~~~ ~ Sheryl Belknap, Elementary ~ Jim Carberry, Secondary Christine Donnell, Personnel y Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083642 PHONE(208)888-6701 July 25, 1994 RECEIVED City of Meridian CIZ`Y OF MERlU1AN 33 East Idaho Meridian, Idaho 83642 RE: King Street Station Subdivision Dear Councilmen: I have reviewed the application for King Street Station Subdivision and find that it includes approximately 20 homes at a median value of $85,000. We also find that this subdivision is located in the census tract 103.12 and in the attendance zone for Meridian Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 4 elementary aged children, 4 middle school aged children, and 3 senior high aged students. At the present time Meridian Elementary is at 98~ of capacity, Meridian Middle School is at 130 of capacity and Meridian High School is at 112$ of capacity. The Meridian School District is not opposed to growth in our district, unless the two new Eagle schools are complete first. This Developer will help pay the cost of extending the sewer trunk line to Floating Feather Road from Dawn Street. The extension will serve the new middle school. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. Sincerely, %~~'" ` Dan Mabe Deputy Superintendent DM:gr ,, OFFICIALS WILLIAM G. BERG, JR., CNy Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Flre Chief W.L. "BILL" GORDON, PoHCe Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN ROA9ERTD!CORFlIE 33 EAST IDAHO T W. MORROW '~~i~~~~~ ~ARI STILES Planner & Zoning Administrator MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor I't V ~ 1, ~ 'r(]~~IM JOHNSON tl V u C-A$ n • Planning & Zoning L'J t'~it..i'..:..;iid C~ ~ ~t TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 9. 1994 TRANSMITTAL DATE: 7/22/94 HEARING DATE: 8/16/94 REQUEST: Finaf Plat for Kinq Street Station Subdivision_ __ _ BY: D.J. Investments LOCATION OF PROPERTY OR PROJECT: East of Meridian Road and South of Kina Street I . I. JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES /~ /~ OTHER: ~` "( "`7 L YOUR CONCISE REMARKS: ~l/ l.I C ~'-t r'r, O h/ ~ Q S (~J ~ LL N.o...t o, ~ L.~ pw rAS ~ w .e ~ .,~5 ~/ tr.P Aw4~ P.g~^ i.•~9 O •tJ ri va e /.~^ i vt e.d ~ N ? ~ • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN RONALD R. TOLSMA MAXYERRINGT°" ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " Planner & Zoning Atlministrator MERIDIAN, IDAHO 83642 W.L. "BILL GORDON, Pollce Chief RECEIVED JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887~g13 Ch airman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD J U l 2 5 1994 Mayor CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 9, 1994 TRANSMITTAL DATE: 7/22/94 HEARING DATE: 8/16194 REQUEST: Final Plat for King Street Station Subdivision BY: D.J. Investments LOCATION OF PROPERTY OR PROJECT: East of Meridian Road and South of Kina Street JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RE TION(PRELIM FIN PLAT) CITY FILES ,- OTHER: " ~ YOUR CObICISE REMARKS: __ __ ~~ r~ ~~ the lots were reconfigured to allow for at least the 10 foot minimum building setback. 8. Note No. 1 on the plat designates a 10 foot permanent easement for public utilities, drainage, sewer and street lights. This easement runs along and adjacent to a public street. With the lot configuration as submitted, this easement line runs through some of the buildings. 9. Notes 6 & 7 speak about storm drainage, and the granting of an easement to the Ada County Highway District for inspection and making emergency repairs to the storm drainage facilities located hereon. It is our feeling that private development should be responsible for handling there own site drainage on site, and that the public street drainage should be the responsibility of the Highway District. These two systems should be separate. C: \WPWIN60\DUMPSTER~I{INGST.C-C • • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G.BERG,JR.,CityClerk RONALD R. TOLSMA MAX YERRINGTON JANICE L. GASS, City Treasurer CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor MEMORANDUM: August 10, 1994 To; Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer Re: KING STREET STATION SUBDIVISION (Final Plat) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. This Plat is in general conformance with the previously approved Preliminary Plat. 2. Please provide a statement of conformance with the approved Preliminary Plat and meeting all requirements and/or conditions thereof. 3. Please submit Ada County Street Name Committee letter approving the Subdivision Name, Street Names, and Lot & Block Numbering. Make any revisions necessary to conform. 4. Licensed Professional Land Surveyor needs to stamp, sign and date the face of the plat. 5. Revise the bearing call for N. Meridian Road to ~( 00°00'00"W. 6. Please revise the plat notes as follows: (3.) ... resubdivision, gr as allowed by Conditional use. (6.) ...sewer ~~ and.. . (7.) ...sewer min water, emergency.. . (9.) ...highest established seasonal.. . (10.)...Each lot owner is responsible for the maintenance of any imgation/drainage ditch/pipe crossing said lot unless said responsibility is assumed by an irrigation or drainage authority. 7. On March 1, 1994 a variance was approved to allow zero lot lines for this development. I think the intent for the zero lot lines was to allow Townhouse type construction with common walls. The zero lot lines should only apply to the common wall lot lines and no other. The plat map as submitted shows the lots for the buildings closer to the R-O-W of N. Meridian Rd. than the minimum of 10 feet. It doesn't appear that there would be any detrimental effect on the site if C: \ WPWIN60\DUMPSTER\KINGST. C-C • • DECEIVED SUBDIVISION EVALUATION SHEET ~[^AUG 1 t 194 ~.~ I ~ ~1~' M~~ili~~. tf~ Proposed Development Name KING STREET STATION SUB City MERIDIAN Date Reviewed 7/28/94 Preliminary Stage Final XXXXX Engineer/Developer Briggs Engr. / D.J. Investments The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. "KING" is a ~urlicatirn cherse anrther name x. `~~ Este The Street name comments listed below are made by the members of the STREET NAME COMMITTEE (under direction of the Ada County Engineer) development in accordance with the Meridian City Street Name Ordinance. ADA COUNTY regarding this The following existing street names shalt aooear on the plat as: "N. MERIDIAN ROAD" "E. KING STREET" "E. WILLIAMS STREET" 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 COMMITT AGENCY R ESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Zg Ada Planning Assoc. Terri Raynor Date oZ8 Meridian Fire Dept. Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS K Z4^ ~i/~~~~3 ~~~~ `. ., ~~ . B.q,G<f~A~".~sr ~- ® ~ N ~ ~~ O '~~~ ~ a ~ C O ~ ~I o ~ ~ ~ >' ~ ~ `.~ O wt~ ~ z~a s.. 0 w m ~ I `' ~ ~ ~ ~ DE1a~ C~ o .._ ~ ~ , `pt C i ~1ili ~ .I v ---.-- ~_ :; Z z, -- ~ `. i~ i~ 4 O ~WE• ~h W T .• - V ~ ~ ~ /1 ~-, M ~ ~ _ ~ .E ---~ ___ _- ~_ ~ r, ,_ o ' ' ~ --- -- - --- ---~- ' .. ,o r- ~ ~ I ; 2 - ~_~' 2 . ~ :.fie}= ~--='--r- "_ ^---J ~-- w.3~t-- o b~ -p --~_ _ --_~ _ - ~ o ~ __ ,,. z ~ ----- -'ter - M _- - .__ .._-~ ~~I ~! Q7 ~~~ O. 5 ~, r ~~ w _~ O ~ r ... < <. `fit AO ~ p ~ • ~I ~ I; '~ { .I ~ ~1 ~ ass ~. ~ ~ w ~ ~ o ~ I I I Iw 0 v I ~~92.f + . B.q.G.CAAV~.,~s'r ;,N i ~ ~ I O ~ a v~ I ~~ ~ ~i r ~o O wts ~ z~a s. 0 ~ ~~,~ ~ I ~J r 'i AY I.. ^ =' ~. ® I C l , `0 Ot1o~ - c ~ _~ ~ _ ., - ~~ M ~ ~ -~ .-._ ~- i [° ~~ I ~3 ~ ~ - - - - .v a r'~ ~ O ~ ~ • --ter M CENTRAL •• DISTRICT ~1'HEALTH DEPARTMENT Rezone # Conditional Preliminarv~ Plat ~~5 cfl~-~.a" -~7?~~l d~ ~~~5'~0~- REVIEW SHEET Environmental Health Division RECEIVED J U i. 2 9 1984 CITY OF MERIDIAN Return to: ^ Boise ^ Eagle ^ Garden city ~leridian ^ Kuna ^ Acz ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type. of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 13. ~/O~i~//,~d'7~7Z.. /~!~?T~r~i~l ~i~" cSr~~/~ NbT ~E~~~ ~ Date: ~ ~""~ / ~c/ f~Ji9-~! 7~/ . Reviewed By: CDHD 10/91 rcb, rev. II/93 jll ti • ~~~~~ Q[ ~ ~ ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Stan McHutchison Briggs Engineering, Inc. 1111 South Orchard, Suite 600 Boise, ID 83705 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Ring Street Station Sub Dear Stan: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent D. J. Investments City of Meridian enc. . ;~ ~~ `~ (~ ~~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 29 July 1994 • HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON I~ ~ ~ ~ n~ ~yirman • Planning 8 Zoning ~ ~ ,t ! ~ ~_ 1994 i~dRlGA1~lUN niST€~1CT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 9. 1994 TRANSMITTAL DATE: 7/22/94 HEARING DATE: 8/16194 REQUEST: Final Plat for Kinq_Street Station Subdivision BY: D.J. Investments LOCATION OF PROPERTY OR PROJECT: East of Meridian Road and South of King Street R~~~'`IEI) AUG 0 1 1994 JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT PRELIM & FINAL P~~ ~ `" ' ~ ' ` ~'"" " °` ~ MOE ALIDJANI, P2 MERIDIAN POST OFFICE( JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM 8 FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM 8t FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and wasteways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. It is recommended that irrigation water be made available to all develouments within this District. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application b~ filed for review prior to final matting. ('.~ntarr Donna Moore at 343-1884 or 466-7861 for farther information. Nampa & Meridian Irrigation District OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS. City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE 0. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chiel WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRtE WALT W. MORROW SHARI STILES Wanner 8 Zoning Atlmmietrator ~~~~~~`~' JIM JOHNSON Chairman - Warming 8 2omng AUG 0 9 1994 CITY ~~ ~~h~~r~j~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 9. 1994 TRANSMITTAL DATE: 7/22/94 HEARING DATE: 8/16194 REQUEST: Final Plat for Kin4 Street Station Subdivision BY: D J Investments LOCATION OF PROPERTY OR PROJECT: East of Meridian Road and South of Kin4 Street JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C!C BOB CORRIE, C/C _, WALT MORROW, CIC AMAX YERRINGTON, C/C aIVATER DEPARTMENT 5EWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREUM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: U S WEST REQUEST A IO' EASEMENT ALONG ALL FRONT AND REAR PROPERTY LINES, AND A 5' EASEMENT ALONG ALL SIDE LOT LINES. SIGNED: -