Elk Run Subdivision No. 2 FP •
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HUB OF TREASURE VALLEY
OFFICIALS
A Good Place to Live COUNCIL MEMBERS
WILLIAM G. BERG, JR., City Clerk
CITY OF ME RONALD R. TOLSMA
I
GARY D. SM TH, P.E. City Engineer RIDIAN OBERT D.
CORRIE
BRUCE D. STUART, Water Works Supt. WALT W. MORROW
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 ,
WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 JIM JOHNSON
Public Works/Building Department (208) 887-2211 Chairman -Planning 8 Zoning
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, may we have your answer by:
TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/x/94
REQUEST: Final Plat: Elk Run Subdivision No. Z
BY: The Development Group and Garv Lee/JUB Engineers
LOCATION OF PROPERTY OR PROJECT: Highway 69, south of Overland Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P2
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 & 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 & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
!~ ~ ~ J-U-B ENGINEERS, Inc.
~J•u• ~, ENGINEERS • SURVEYORS • PLANNERS
250 S. Beechwood Avenue, Suite 201
Boise, ID 83709-0944
208/376-7330
FAX: 208/323-9336
March 18, 1994
Ms. Shari Stiles
Planning Director
City of Meridian
33 East Idaho Street
Meridian, ID 83642
Re: ELK RUN SUBDIVISION NO. 2
The Development Group
Dear Ms. Stiles:
~,~~~~~~
~I~AR 2 ? ?9qy z9~q@~iy ya~-
Enclosed for your review and processing are the necessary documents
as established by the City of Meridian Ordinances for a Final Plat
for the above subdivision. As stipulated by said ordinance, please
find enclosed the following:
1. 30 copies of the Application for a Final Subdivision Plat.
2. 30 copies of the Final Plat, Sheet 1, 18"x27", at a scale
of 1" = 100'.
3. 3 copies of the Final Plat signature page, Sheet 2,
18"x27".
4. 10 copies of a reduced copy of the Final Plat at a scale
of 1" = 300'.
5. Check No. 969916495 in the amount of $440.00 for the
application fee from The Development Group (for a 44-lot
Final Plat)
Also, per City requirements, on behalf of the developer, The
Development Group; we wish to make a .Statement of Compliance as
follow:
1. Streets, curbs, gutters, and sidewalks will be constructed
to standards as required by Ada County Highway District
and Meridian Ordinance. Dimensions will be determined by
the City Engineer. All sidewalks will be five (5) feet in
width.
2. The proposed use of this development will be in
conformance with the City of Meridian Comprehensive Plan,
once the Urban Services Boundary Line is amended.
3. This development will connect to City services.
is
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~uB
Engineers Surveyors Planners
Ms. Shari Stiles
March 18, 1994
Page 2
4. This development will comply with City Ordinances.
5. This Final Plat is in conformance with the approved
Preliminary Plat.
6. The street names are as approved by the Ada County Street
Name Committee and will not conflict with the City of
Meridian grid system.
Please review the enclosed information and schedule for the next
available City Council meeting. If you require additional
information, please call.
Sincerely,
J-U-B ENGINEERS, Inc.
~~
aryLP?~ee , P . E . /L . S .
Project Manager
GAL:ls
Enclosure
cc: The Development Group
Project No. 18530-04
~_ ~ , '"~ r
REQUEST FOR SUBDIVISION APPROVAL
PRELIMINARY PLAT AND/OR FINAL PLAT
PLANNING AND ZONING COMMISSION
TIME TABLE FOR SUBMISSIDN:
A request for preliminary plat approval must be in the City
Clerks possession no later than three days fallowing 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
Elk Run Subdivision No. 2
,~. Name of Annexation and Subdivision. _,rw=~pin~nPnt ('rniin annasrat'inn
2. General Location, Hi$~y 6AF Louth of nvr~rlanc3 Road
3. Owners of record., mhP neVPlo~nPnt c'r~u=
1903 S. Gull Cove Place
Address, Mori,~i an T ahn _. Zip~2Telephone RR7_Sti~~
1903 S. Gull Cove Place
4. Applicant, mhc nct~olo~ Pnt ,rouj? Address, n~tP;ir~ianT Tn R'~~d~
5. Engineer;~TV A ~. P.E. /L.S. Firm J-U-13 II~tGINEERS, Inc.
Address,~5_T~ch~ Ave. ~ Zip~~~Telephone 376-7330
6. Name and address to receive City billings : Name Bill Hardt
1903 S. Gull Cove Place
The DeveloFcnent Address Meridian, ID 83642 Telephone 887-5622
Group
PRELIMINARY PLAT CHECKLIST: Subdivision Features
1. Acres 14.74
2. Number of lots 44
3. Lots per acre 2.98
4. Density per acre ~ AR
5. Zoning Classif ication t s ) R-4 & R-8
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f. Trees rill be provided for on 1 tsI'rees rill be
maintained by lot owners
g. Sprinkler systems are provided for on lots
h. Are there multiple units No Type
remarks
i. Are there special set back requirements No
Explain
~. Has off street parking been provided for vac .Explain
Two per lot in driveways
k. Value range of property $85,000 - $110,000
1. Type of f financing f or development ~uA* vn ~ r nv n i orLl
m. Protective covenants rere submitted . Date w/final plat
16. Does the proposal lAnd lock other property No .
Does it create Enclaves No
STATEMENTS OF COMPLIANCE:
1. Streets, curbs. gutters and sideralks are to be constructed
to standards as required by Ada County Highray District and
?leridian Ordinance. Dimensions rill be determined by the
City Engineer. All sideralks rill be five (5) feet in
width.
2. Proposed use is in conformance with the City of Meridian
Comprehensive Plan.
3. Development rill connect to City services.
~. Development rill comply with City Ordinances.
5. Preliminary Plat rill include all appropriate easements.
6. Street names must not conflict with City grid system.
(3)
~ SCALE: 1 "=100'
NOTES
1. Building setbacks and dimensional standards in this subdivision
shall be in compliance with the opplicoble zoning regulations of
City of Meridion, Idaho.
~ju f.~ L e-~ ~
• u /3 t~ i~PP~ih~
~dQed /~O~ /l
2. Any Re-subdivision of this plot shall comply with the opplicoble
Zoning Regulations in effect of the time of the Re-subdivision,
or os allowed by conditional use.
3. Ail lot lines common to public right-of-way, bock lot lines and
the exterior boundary of Elk Run Subdivision No. 2 have a 10' Wide
Permanent Utilities, Drainage and Irrigation Easement, unless other-
wise dimensioned. However this shall not preclude the construction of
proper hard surfaced driveways for access to each individual lot.
4. A 10-Foot Wide Permanent Public Utilities, Drainage and
Irrigation Easement is designated to be centered on interior
lot lines, unless otherwise dimensioned.
5. The Developer and/or Owner shall comply with Idaho Code,
Section 31-3805 or its provisions that may apply to
irrigation rights.
6. A 20-Foot Wide Storm Water Retention Easement is hereby designated
for the benefit of the Ada County Highway District as shown. Land-
scaping over said easement shall be maintained by the property owner.
7. Lots 36, 37, 38 and 39 of Blodc 1 and Lots 1, 2, 3. 4, 5, 6, 7, 8, 9, 10,
11, and 12 of Block 4 shall not take access to S. Meridion Rood without
prior approval of the State of Idaho Transportation Deportment. Lots 1 and
8 of Block 3, Lot 1 of Block 4 and Lots 6, 7 and 13 of Block 5 shall not
take access to West Calderwood Street without prior approval of the Ada
County Highway District.
8. The owner of each lot, across which passes on irrigation/drainage
ditch or pipe, is responsible for the maintenance thereof, unless
such responsibility has been assumed by on Ircigation/Drainoge District.
9. All buildable lots ore for single family dwellings only. In addition, each
single family structure shall be a minimum of 1350 square feet in size
in Lots 35, 36, 38 and 39 of Block ,1 and 1400 square feet in size for
all other lots.
10. Lot 37, Block 1 and Lot 11, Block 4 are hereby designated as common
area for the benefit of the Elk Run Subdivision No. 2 Homeowner's
Association. Landscape maintenance of said lots shall be the respons-
ibility of said Homeowner's Association.
11. A 35 foot wide ircigation easement is hereby designated for the benefit
of the Nampa and Meridian Ircigation District. Fencing within eoaernent
is prohibited without on extended Easement Encroachment Agreement
with Nampo and Meridion Irrigation District.
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09/20/94/09:29:24
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MERIDIAN CITY COUNCIL MEETING: October 4 1994
APPLICANT: ELK RUN SUBDMSION NO 2 AGENDA ITEM NUMBER: 12
REQUEST: DEVELOPMENT AGREEMENT -ELK RUN SUBDMSION NO 2
AG CY
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:
a~' ~ul~
°ll~ ~"w~ ~
~~r~~~
C ~~
OTHER:
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DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 3L day of i ~~ ~'`~ ,
1995, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
party of the first part, hereinafter called the "CITY", and THE DEVELOPMENT COMPANY,
A Partnership, party of the second part, hereinafter called the "DEVELOPER", whose address
is 1895 S Meridian Road Meridian Idaho 83642.
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto
and by this reference incorporated herein as if set forth in full; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A,
Development Agreements, which provides that cities may enter into development agreements
with developers upon rezoning of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one when land
is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned,
11-2-417 D; and
WHEREAS, the DEVELOPER has submitted an application for annexation and zoning,
or an application for rezone, of that certain property described in Exhibit "A", and requested
zoning of RR=4 and has submitted a subdivision preliminary plat for said property which has been
recommended for approval by the Meridian Planning and Zoning Commission; and
WHEREAS, the DEVELOPER made some representations at the public hearing before
the Meridian Planning and Zoning Commission as to how the land would be developed and what
improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation
or rezoning of property; and
WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this
agreement and acknowledges that this agreement was entered into voluntarily and at its urging
and request; and
WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY
to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat
thereof which has been approved for annexation by the CITY and as part of the annexation or
rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and,
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ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 1
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WHEREAS, the Findings of Fact and Conclusions of Law required that the
DEVELOPER enter into a Development Agreement; and
WHEREAS, the said Ciry Council in the Findings of Fact and Conclusions of Law
annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into
a Development Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to
this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area,
as follows:
1. That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
2. That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit "A", only construct single-family houses and that
all such single-family houses shall have at least x,350 square feet of floor space
for Lots 35, 36, 38 and 39 of Block 1, exclusive of garages, and that single-
family houses on all other lots shall have at least 1~ square feet of floor space,
exclusive of garages.
3. That the property zoned I~-4, described in "Exhibit A", shall have lot sizes of at
least ~,ght thousand (8.000) square feet, which is the size represented at the Ciry
hearings, and shall meet all of the requirements of the ~ zone and have no
duplex units, manufactured units, townhouses, or patio homes constructed on said
property.
4. That there shall be no change to increase the number of lots or reduce the size of
lots as shown in the preliminary plat submitted with the request for annexation,
zoning and preliminary plat approval, which is incorporated herein as if set forth
in full herein.
5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be
filed with the City Engineer, a complete set of "Subdivision Improvement Plans"
showing all streets, utilities, pressurized irrigation facilities, tiling of ditches,
sewer, water, drainage, street and other similar signing and barricades, and other
such improvements contemplated within the subdivision, which Plans and all
improvements shown thereon shall meet the approval of the City Engineer. The
Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the
proposed location of pressurized irrigation facilities within or that may affect or
be affected by the development. Said Subdivision Improvement Plans are
incorporated herein and made a part hereof by reference.
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ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 2
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6. That DEVELOPER will, at his or their own expense, construct and install all
sanitary sewers, storm drains, pumping stations, water mains and appurtenances,
fire hydrants, curbs and gutters, pressurized irrigation system, electrical
transmission lines, natural gas lines, telephone lines, sidewalks, cross drains,
street, street surfacing, street signs, and barricades as well as any and all other
improvements shown on the Subdivision Improvement Plans. DEVELOPER shall
also install telephone, electrical power, gas lines, and television as required for
the development.
7. That DEVELOPER will construct and install all such improvements in strict
accordance with the filed and approved plat and Subdivision Improvement Plans,
and the City Standard Engineering Drawings and Standard Engineering
Specifications current and in effect at the time the construction of said
improvements is accomplished, or as otherwise agreed between the DEVELOPER
and the CITY if the standards and specifications are more restrictive and onerous
at the time of construction than at the time of execution of this Agreement.
8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what portion, or portions, of said
improvements he intends to complete and the time schedule therefor; and agrees
to make such modifications and/or construct any temporary facilities necessitated
by such phased construction work as shall be required and approved by the City
Engineer.
9. That DEVELOPER will have "corrected" original drawings of the Subdivision
Improvement Plans of all said improvements prepared by a Registered
Professional Engineer and will provide the CITY with said Plans or a duplicate
mylar copy of said Plans. The Subdivision Improvement Plans of the proposed
improvements shall be "corrected" to show the actual constructed location (both
horizontally and vertically) of the various water and sewer lines, all utility lines,
and pressurized irrigation lines and their individual building service lines, the curb
and gutter alignment and grades, etc. The "corrected" Subdivision Improvement
Plans shall include a "Certification" thereon, signed by the Registered Professional
Engineer in charge of the work, that said Plans of the various improvements are
true and correct.
10. That DEVELOPER will, immediately upon the completion of any such
constructed portion, portions, or the entirety of said development, notify the City
Engineer and request his inspection and written acceptance of such completed
improvements.
11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered
in the official minutes of the proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need to be completed in the interest
of the health, welfare and/or safety of the inhabitants of the CITY, the
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ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 3
DEVELOPER will thereupon, within a reasonable time, construct said needed
improvements, or, if he does not so construct within a reasonable time after
written notification of such Council action, and the CITY thereafter determines
to construct, and does construct such improvement, or improvements, the
DEVELOPER will pay to the CITY the cost of such construction, in such manner
and under such terms as the CITY shall order after conference with the
DEVELOPER. Provided, however, the City Council shall not make the finding
set forth in this paragraph except at a regular or special meeting of the City
Council and unless the DEVELOPER has been notified in writing of the time and
place of such meeting at least three (3) days prior thereto and has been given an
opportunity to be present in person or by counsel, and to be heard on the merits
of the proposed finding.
12. That DEVELOPER agrees that upon his, its, or their having received written
notification from the City Engineer, that any of the requirements herein specified
have not been complied with, that the CITY shall have the right to withhold the
issuance of any C' .rr;ficate of Occupancy within such annexed area and/or shall
have the right to withhold the providing of culinary water service to any part,
parcel, or portion of such annexed area until such time as all requirements
specified herein have been complied with; provided, however, the DEVELOPER
shall have the right to appear before the City Council at any regular meeting after
any Certificate of Occupancy or any water service shall have been withheld for
reasons set forth in this paragraph, and shall have the right to be heard as to why
such Certificate of Occupancy should be issued or water service allowed. The
Council shall then decide whether said Certificate of Occupancy shall be issued
or water service to said property allowed, and its decision shall be final, except
that the rights of the parties are preserved at law and equity.
13. DEVELOPER agrees that, in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, install the
improvements and declare the entire cost of said improvements to be immediately
due and payable and may seek to collect such sums in the manner provided by
law, or may pursue any other remedy set forth herein or as may be available in
law or equity. In the event of such declaration, all sums due shall bear interest
at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %)
per annum, until paid.
14. That DEVELOPER agrees to, and does hereby, grant a security interest in the
land which is the subject of this Agreement, to secure the installation of all
improvements including, but not limited to, sewer, water, irrigation and drainage
piping, pressurized imgation system, landscaping and berming, and fencing. In
the event of DEVELOPER'S failure to complete such installation, the CITY may
install such improvements and, without notice, foreclose this Agreement as a
mortgage in accordance with the mortgage foreclosure laws of the State of Idaho;
provided further that upon request of the DEVELOPER, the CITY will execute
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ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 4
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and deliver a partial release of the lien created herein against all or any portion
of the subject land, upon completion of that portion of the total improvements
installed which relates to the percentage of improvements that have been installed
as compared to the total amount of improvements.
The CITY further agrees that, upon request of DEVELOPER, the CITY will, by
written agreement, subordinate the lien created hereby, to any mortgage, deed of
trust, or other security device required to secure the payment of any loan or
advance made to DEVELOPER for the sole purpose of financing the construction
of improvements upon the land which is the subject of this Agreement; provided,
however, that the financing entity shall first warrant and represent in writing that
it understands that the contemplated loan or advances will be used solely for the
construction of improvements upon the land and that it will take reasonable
precautions usual and customary to the financing and lending industry to ensure
that the loan proceeds or advances will not be used for any other purpose.
The CITY may also require surety bonds, irrevocable. letters of credit, cash
deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the
Revised and Compiled Ordinances of the CITY of Meridian, to insure the
installation of the improvements, and the DEVELOPER agrees to provide such,
if required by the CITY.
15. That DEVELOPER agrees that no Certificates of Occupancy will be issued until
all improvements are completed, unless the CITY and the DEVELOPER have
entered into an addendum agreement stating when the improvements will be
completed in a phased development; in any event, no ('ertificates of Occupancy
shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
16. That DEVELOPER agrees, in recognition of the unique and peculiar
circumstances relative to this development, to the special conditions set forth in
Exhibit "B" attached hereto and by this reference made a part hereof; and agrees
to construct a perimeter fence around the entire parcel prior to any construction,
except where roadways and streets for access are located and except where the
CITY has agreed in writing that such fencing is not necessary.
17. That DEVELOPER agrees that any notice required by this Agreement shall be
given at the following address:
CITY of Meridian: DEVELOPER:
City Engineer The Develo,~m~nt Comnany_ A Partnership
City of Meridian ~ Rg5 ~ Meridian Road
33 East Idaho M .~;~+an Tc~aho 83642
Meridian, ID 83642 Phone• 887-5622
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ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 5
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18. That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
19. All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPER's heirs, successors or assigns.
20. This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
21. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian
and the property shall be subject to de-annexation if the owner or his assigns,
heirs, or successors shall not meet the conditions contained in the Findings of Fact
and Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian.
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ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 6
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DATED the date, month and year first appearing.
DEVELOPER:
THE DEVELOPMENT COMPANY
A Partnersl~.p
By
Jac V. Boone, General Partner
~j,, / _
Y
Lisa Checchi, General Partn y
Jack V. Boone, Attorney in Fact for Lisa Checchi
as granted by Special Power of Attorney dated
Jan. 20,1995, and recorded as Inst. No. 95003951
in the records of Ada County, Idaho
By ~~'~
'm ie M. Boone, General Partner
CITY OF MERIDIAN
``~~„~~ilnJJJrJJJ~~
`:` G~' ~~gT~ORq T 'L ''.
` ` F~ % By
_= = Gran P. Kingsford, ayor
~~~~
' ~G ~~ --
'~ 'P~ ~~S 7' 1 S~ • ~ 1'O ~.~ B 7
~~''%,~'~~cDU~~ .`~oQ,.~`~~` William G. Berg, Jr., City le
JJJII!lISt111~
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ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 7
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STEWART TITLE
STATE OF CALIFORNIA )
//_ )ss.
COUNTY OF ,~L.r~~~/ )
personally appeared
me ~~~- YYI~~S~~i~~r~
personally known to me ( ~ ~ rY
e~idsnce) to be the person) whose name~~is'/are subscribed to the
within instrument and acknowledged to me that -he/~e/they executed
the same in•#~+s{~e~/their authorized capacity es ;and that by h/their
signatures on the instrument the persons or the entity upon behalf of
which the person s~~ acted, executed the instrument.
WITNESS my hand and official seal.
Sig re ~/~° ( ~~ / /l~C~ '
~~ -~ /'~
~./
(this area for otfidai nofarlad seaQ
~NfaMN~NraN~N~~~M~~~N~~~~~NNM~•
Z JILL MUSHANEY Z
S ''~. COMM. #584112 S
P ; .M _,~!!
..;;~ r1~ NOTARY PUBLIC CALIiORNiA p
I pp,,7~~ KERN £pUNtY
N~~N~fa~N~~N faNMw~MN/N~ 6. 1916
raN~N/Mfa
Title of Document ~~~~('' ?'~('i1'f ~C= i~t= vn~-: ~~r
Date of Document ~j - _~C ~ 5' Number of Pages
Other Signatures Not Acknowledged nt I ,a--
Page 8
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STATE OF IDAHO )
County of Ada
ss.
•
On this .`3L day of a , 1995, before me, the undersigned, a Notary
Public in and for said State, personally a peared GRANT P. KINGSFORD and WILLIAM G.
BERG, JR. , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian
that executed this instrument and the persons who executed the said instrument on behalf of said
corporation, and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
G •
.,'Q~' qs''-.
~ apSAlp s ,
Y
(SEAL) ~
"~ ~ A V B i.~G ~:
•.,,f ~ OF~~~,,,•
r1y Public for Idaho
ding at: `7~~.-~ a~~'a ~
Commission Expires: 48~oa.~9q
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ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 9
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EXHIBIT "A"
A parcel of land being a portion of Lots 4 and 5 in Block 1
of ELK RUN SUBDIVISION, as shown of record in the office of the
Ada County Recorder in Boise, Idaho, in Book 63 of P1ats•at
Page 6303 and 630x, and a portion of the Northeast Quarter
of Section 24, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described
as follows:
Commencing at a bxass cap monument marking the Northeast
corner of said Section Z4; thence
South Oo degrees 37'36" West 1,298.50 feet along the Easterly
boundary of said Section 24, also said boundary being
the centerline of south Meridian Road (State Highway 69)
to an iron pin; thence leaving said boundary
North 88 degrees 55'46^ West 65.00 feet to a 2" iron pipe auci
iron pin marking the Southeast corner of Lot 1, Block 1
of said ELK RUN SUBDIVISION, also said point being THE
REAL POINT OF BEGINNING; thence
South 00 degrees 37'36" West 1,352.10 feet, parallel with the
easterly boundary of said Section 24,. and centerline of
South Meridian Road to an iron pin on the southerly
boundary of the Northeast Quarter of said Section 24;
thence
North 89 degrees 34'30" West 72.10 feet along said Southerly
boundary to an iron pin on the centerline extended of
the Kennedy Lateral; thence leaving said southerly
boundary
North 32 degrees 17'30" West 117.99 feet along the extended
centerline of said Xecinedy Lateral to a point on the
centerline of the Kennedy Lateral; thence continuing
along the centerline of said Kennedy Lateral t2ze
fallowing courses and distances:
North 30 degrees 37'30" West 139.20 feet to a point; thence
North 41 degrees 08'23" West 989.03 feet (t'ormerly known as
North 41 degrees 37" West 1,019.00 feet), to a point of
curvature; thence Northerly along said cutup to the
right 163.~s feet, said curve having a central angle
of 46 degrees 54'45", a radius of 200.00 feet, tangents
of 86.78 feet and a long chord of 159.22 feet bearing
Nort2i I7 degrees 41'01" Weat (formerly known as North
25 degrees 06" West 82.05 feet) to a point of tangency;
thence
North OS degrees 46'22" East 39.11 feet (formerly known as
North 04 degrees 28" East 86,00 feet, more or lcBC)
to a point on the centerline of West Calderwood Street,
also said point being the Southwest corner of said ELK
RUN SUBDIVISION; thence leaving thQ acnterline of said
Kennedy Lateral
South 89 degrees 52'45" Fta~t Q34.61 feet (Lormerly known as
-1-
• •
North 89 degrees 06" East 828.02 feet) along the
centerline of said west Calderwvod Street and the
southerly boundary of said ELK RUN SUBDIVISION to
an iron pin; thence leaving said centerline and
continuing along thG boundary of said ELK RUN
SUBDIVISION
North O1 degrees 01'15" East 30.00 feet to an iron p.in marking
the southeast corner of Lot 5, Block 1 of said ELK
RUN SUBDIVISION; thence leaving said subdivision
boundary
North 89 degrees 52'4S" West 86.74 feet along the Southerly
boundary of said Block 1 to an iron pin marking tha
Southwest corner of said Lot 5; thence continuing
along the boundary of said Lot 5
North 09 degrees 00'52" East 99.64 foet to an izc~n pin marking
the Northwesterly corner of said Lot 5, also said point
being on the right-of-way of South Gull Cove Placn, also
said point being a point o:E uon-tangent curvature; thence
Northwasterly along said right-of-way and curve to the left
134,68 feet, said curve having a central angle of
148 degrees 23'S9',.a radius cf 52.00 feet, tangents
of 183.75 feet and a long chord of 200.07 feet being
North 23 degrees 30`31" Bast to an iron pin marking a
point of reverse curve; thence continuing along said
right-of-way and curve to the right 17.91 feet, said
curve having a central angel oz 51 degrees 29'04", a
radius of 20.00 feet, tangents of 9.61 feet and a long
chord of 17.32 feet bearing North 2~ degrees 01.46"
west to an iron pin marking the point of tangency;
thence continuing along said right-of-way
North 00 degrees 37'36" East 62.98 feet to an iron pin marking
the Northwest corner of Lot 4 of said Block 1; thence
leaving said right-of-way
South 89 degrees 22'24" East 129.69 feet along the northerly
boundary of said Lot 4 to an iron pin marking the
Nvrtheagt corner of said Lot 4; thence continuing along
boundary of said Lot 4
South 00 degrees 37'36" West 99.21 feet to an iron pin marking
the Southeast corne~~ of said Lot 4; thence
South s8 degrees SS'45" East 10,00 feet along the southerly
boundary of Lot 1 of said Block 1 to THE REAL POZNT
OF BEGINNING.
-2-
•
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
THE DEVELOPMENT COMPANY. A Partnership
This subdivision is for 4~ single-family dwelling units with an overall density of ~$ dwelling
units per acre. The DEVELOPER shall:
Extend and construct water and sewer lines to serve the property and connect to Meridian
water and sewer lines, and extend and construct sewer and water lines through to the
southern boundary of the property.
2. Construct streets to and within the property to Ada County Highway District and City of
Meridian standards.
3. Dedicate the necessary land from the centerline of Meridian Road for public right-of--way.
4. Pay any development, impact or transfer fee adopted by the CITY.
5. Meet and comply with the Ordinances of the City of Meridian and in particular Section
11-9-616, which pertains to development time schedules and requirements, and
11-9-605 M, which pertains to the tiling of all ditches, canals and waterways, specifically
including the Kennedy Lateral; submit approvals and executed license agreement from
Nampa-Meridian Irrigation District and/or downstream water users association.
6. Develop the property subject to and controlled by the Subdivision and Development
Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994.
7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law.
8. Provide berms and landscaping on entrances and along Meridian Road to be maintained
by the Homeowners Association. Landscaping will be maintained in a neat and attractive
condition and be provided with an automatic sprinkling system.
9. Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals
from appropriate irrigation district/canal company and downstream water users must be
submitted to the City.
10. Fence all lots with dog-eared cedar no higher than six feet.
11. Provide pedestrian walkways as required by Section 11-9-605 C.
EXHIBIT "B° 5/24/95
ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 1 of 2
-,
. •
12. Provide planting strips and reserve strips as required by Section 11-9-605 G.
13. Preserve existing natural features as required by Section 11-9-605 H.2.
14. Construct lineal open space corridors as required by Section 11-9-605 K.
15. Construct pedestrian/bike paths as required by Section 11-9-605 L.
16. Provide a fenced, 20-foot-wide all-weather surface over the sewer line exiting South Gull
Cove Place to Highway 69 in accordance with City Engineer's requirements.
~50`~0665
_ . .,
v. ~r
n !` Y_
~Ci~~ iJ
~ ~~,~
'95 JU1 -fi i ~ 1
Od
FEE ~/..~ _ ~.
RECOkuE~ ;i ::.: ~.E~~ r.ST flF
EXHIBIT "B" 5/24/95
ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 2 of 2
.~ ! •
Meridian City Council
June 6, 1995
Page 17
Morrow. Mr. Mayor I would move that we approve the request by Mr. and Mrs. Tom Myall
for the water hook up to City water at the location of 1470 North Locust Grove Road.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve the request for a water hook up for
Mr. and Mrs. Tom Myall at 1470 West Locust Grove Road, all those in favor? Opposed?
MOTION CARRIED: All Yea
Smith: Mr. Mayor, I need a point of clarification, is this pre-approval is that based on the
assessment rate today. If Mr. and Mrs. Myall don't connect until some future time I just
need to be sure so on our assessment form.
Kingsford: Our policy has always been Gary that it is whatever the rate is at the time that
the connection is made. If this is down the road 2 years or 3 years or whatever our hook
fee is at that time. But you are approved to hook at that basis.
Smith: Thank you
Kingsford: If you want to pay for it today however you can buy at today's price.
Morrow. I think Mr. Mayor that is fairly standard within the industry within the valley. And
if they do secure todays rate.
Kingsford: That has always been our policy so you are clear on that then?
ITEM #9: CC&R'S FOR ELK RUN SUBDIVISION N0. 2:
Kingsford: Does the Council have any questions of the Attorney or Shari?
Morrow. My question is what is the status of Elk Run No. 2?
Kingsford: Can you update us Shari on Elk Run No. 2 or Witl Berg?
Berg: I can, this is just the last of the little glitches that was in that project. We have the
current development agreement, we are approving the CC&R's. They have got the
bonding, letter of credit for the tiling of the ditch and street lights, and pressurized
irrigation.
Morrow What has become of, refresh my memory, the issues with respect to No. 1 where
~ #~ y
Meridian City Council
June 6, 1995
Page 18
the conflict was they had been instructed to the but had not tiled has that been resolved
also?
Berg: They will be tiling the whole thing, that will not be tiled until November.
Morrow. After the current irrigation season?
Berg: Correct, they have an agreement with Nampa Meridian to provide the the and they
will install it, Nampa Meridian will install it. Sothis is the last requirement that I guess was
overlooked.
Corrie: Has both the Attorney and you read them? Shari, you haven't?
Kingsford: The CC&R's, I am not sure that Shari always has anyway. Do you have any
question about those Counselor, they meet with your approval?
Crookston: They do now.
Kingsford: Adjustments have been made.
Crookston: Yes
Corrie: Mr. Mayor, I move that we approve the CC&R's for EIk Run Subdivision No. 2.
Tolsma: Second
Kingsford: Moved by Bob, second by Ron to approve the CC&R's No. 2, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #10: CC&R'S FOR LAYNE INDUSTRIAL PARK:
Kingsford: Have those also been reviewed Counselor?
Crookston: Yes they have.
Kingsford: And the appropriate changes have been made?
Crookston: Did you receive v~rd on that?
~~ • •
ARTICLE V
VACATIONS, RELOCATIONS, EASEMENTS
The undersigned owner further reserves to himself, his
licensees, successors and assigns, the right and power to vacate:
and relocate or to plat new streets by instrument filed of record,
any street or alley as long as the undersigned owner owns each of
the parcels which are adjacent to the street both vacated and
relocated on the new and old right-of-way sand provide an adequate
roadway in place of any vacated. .Provided, nevertheless, vacation
and relocation, ..easements, right-of-way and streets allowed
hereunder shall be made in accordance with ChB mi imum standards of
the State of Idaho, Ada County a~~eridian, Idaho laws and.
ordinances and. regulations thereunder in relation to platting in
effect at the time of the construction of improvements. This
provision shall not be deemed to include any provisions of statute
giving any Grantee hereunder the right to object to such variances,
relocations, vacations and dedications and such rights of protest
are transferred to the undersigned owners hereunder.
•Where any restrictions, easement or dedication herein vary
from the requirements of the subdivision or other ordinances of the
cit or county having jurisdiction and the requirements of the
ordinances relative to subdivision are more restrictive,
-coin
said more restrictive requirements shall be deemed to be a part
hereof as if set forth herein as part of these Restrictive
Covenants. This limitation shall apply in particular to locations
ELK RUN SUBDIVISION N0. 2 DECLARATION - 14
•
of public easements -and ways where-the same are particularly
required by such ordinances but not set forth herein.
VIOLATIONS OR ATTEMPT TO VIOLATE RESTRICTIONS
That should any Grantee violate or .attempt to violate any of
the provisions of these Protective Restrictions and Covenants, any
other person or persons owning any real property embraced in the
said subdivision plat, shall use these Protective Restrictions and
Covenants either to prevent him or them „from doing so or to recover
damages sustained by reason of such violation.
Any owner, or the owner of any recorded mortgage upon any part
of said property, shall have the right to enforce, by a proceeding
at law or in equity, all restrictions, conditions, covenants,.
reservations, liens and charges now or hereafter imposed by the
provisions of the Declaration. Failure by any owner to enforce any
covenant or restriction herein contained shall in no event be
deemed as a waiver of the right to do so thereafter.
In the event. of judgment against any person for violation of
this Declaration, the Court may award injunction against any person
for such violation, require such compliance as the Court deems
necessary, award such damages, reasonable counsel fees and Court
costs as may be suffered or incurred, and such other or further
relief as may be deemed just and equitable.
The invalidation of any provision, sentence or paragraph
contained in these Protective Restrictions and Covenants by
judgment or court order shall in no way affect or invalidate any of
the provisions, sentences or paragraphs of said Protective
ELK RUN SUBDIVISION NO. 2 DECLARATION - 15
• •
Restrictions and Covenants but the same shall be and remain in
effect.
ARTICLE VI
ELR RUN SUBDIVISION NO. 2 HOMEOWNER'S ASSOCIATION, INC.
6.1 Organization of Association. The Elk Run Subdivision No.
2 Homeowner's Association, Inc. (Association) shall be organized by
Declarant as an Idaho corporation under the provisions of the Idaho
Code relating to general nonprofit corporations and shall be
charged with the duties and invested with the powers prescribed by
law and set fortYi in the Articles, By-Laws and this Declaration.
Neither the Articles nor the By-Laws .shall, for any reason, be
amended or othe:~rwise changed or interpreted so as to be
inconsistent with. the Declaration.
6.2 Membershiu. Each owner (including Grantees and
Declarant) of a :Lot by virtue of being such an owner and for so
long as such ownership is maintained, shall be a Member of the
Association, and no owner shall have more than one membership in
the Association, except as hereinafter set forth with respect to
voting. Membersriips in the Association, shall not be assignable,
except to the successor-in-interest of the owner, and all
memberships in the Association shall be appurtenant to the lot
owned by such owner. The memberships in the Association shall not
be transferred, ;pledged or alienated in any way except upon the
transfer of title. to said lot and then only to the transferee of
title to said lot. Any attempt to make a prohibited membership
ELK RUN SUBDIVISION NO. 2 DECLARATION - 16
transfer shall be: void and will not be reflected on the books of
the Association.
6.3 Votinct. The Association will have two (2) classes of
voting memberships.
A. Class A. Class A members shall be the owners, with
the exception of the Declarant, and shall be entitled to one (1)
vote for each lot owned. When more than one person holds an
interest in any ].ot, all such persons shall be members. The vote
for such lot shall be exercised as they determine, but in no event
shall more than I; 1) vote be cast with respect to any lot.
B. C]Lass B. The Class B member shall be the Declarant.
Upon the first sale of a lot to an owner, Declarant shall thereupon
be entitled to four (4) votes for each lot of which Declarant is
the owner. The Class B membership shall cease and be converted to
Class A membersh~.p when seventy-five (75 a) percent of the lots are
deeded to homeowners or on January 1, 2000, whichever event should
first occur.
6.4 Board of Directors. The affairs of the Association shall
be conducted by a Board of Directors and such officers as the
Directors may ele=ct or appoint, in accordance with the Articles and
By-Laws, as the Name may be amended from time to time. The initial
Board of Directors of the Association shall be appointed by the
incorporators or their successors and shall hold office until the
first annual meeting, at which time a new Board of Directors shall
be elected in accordance with the provisions set forth in the By-
Laws.
ELK RUN SUBDIVI~~ION NO. 2 DECLARATION - 17
' ~ ~ • •
6.5 Power and Duties of the Association.
A. Powers. The Association shall have all the powers
of a non-profit corporation organized under the general non-profit
corporation laws of the State of Idaho subject only to such
limitations upon 'the exercise of such powers as are expressly set
forth in the Articles, the By-Laws and this Declaration. It shall
have the power t:o do any and all lawful things which may be
authorized, required or permitted to be done by the Association
under this Declaration, the Articles and the By-Laws, and to do and
perform any and all acts which may be necessary or proper for, or
incidental to thE, proper management and operation of the common
areas and the performance of the other responsibilities herein
assigned, including without limitations
1. A~;sessments. The power to levy assessments (annual,
special and limited) on the owners of lots and to force payment of
such assessments,, all in accordance with the provisions of this
Declaration.
2. Right of Enforcement. The power and authority from
time~to time in its own name, on its own behalf or in behalf of any
owner~~or owners who consent thereto, to commence and maintain
actions and suit: to restrain and enjoin any breach or threatened
breach of this Declaration or the Articles or the By-Laws,
including the Association rules adopted pursuant to this
Declaration, and to enforce by mandatory injunction or otherwise,
all provisions hereof..
ELK RUN SUBDIVISION NO. 2 DECLARATION - 18
• •
3. Delectation of Powers. The authority to delegate its
power and dutie:~ to committees, officers, ,employees or to any
person, firm or corporation to act as manager. Neither the
Association nor the members of its Board shall be liable for any
omission or improper exercise by the manager of any such duty or
power so delegated.
4. Association Rules. The power to adopt, amend and
repeal by majority vote of the Board such rules and regulations as
the Association deems reasonable (the Association Rules). The
Association Rules shall govern the use of the common areas by the
owners, families of an owner, or by an invitee, licensee, lessee,
or contract purchaser of an owner; provided, however, the
Association Rulers may not discriminate among owners and shall not
be inconsistent with this Declaration, the Articles of By-Laws. A
copy of the Association Rules, as they-may from time to time be
adopted, amended or repealed, shall be mailed or otherwise
delivered to e<~ch owner. Upon such mailing or delivery and
posting, said P.-ssociation Rules shall have the same force and
effect as if they were set forth in and were a part of this
Declaration. :In the event of any conflict between any such
Association Rulers and other provisions of this Declaration, or the
Articles or By-Laws, the provisions of the Association Rules shall
be superseded b!~ the provisions of this Declaration, the Articles
or the By-Laws ito the extent of any such inconsistency.
5. EmercLency Powers. The Association or any person
authorized by tlhe Association may enter upon any lot in the event
ELK RUN SUBDIVISION N0. 2 DECLARATION - 19
• •
of any emergency involving illness or potential danger to life or
property or when necessary, in connection with any maintenance or
construction for which it is responsible. Such entry shall be made
with as little inconvenience to the owners as practicable and any:
damage caused thereby shall be repaired by the Association.
6. Licenses Easements and Ricthts-of-Way. The power to
grant and convey to any third party such licenses, easements and
rights-of-way in, on or under the common area as may be necessary
or appropriate for the orderly maintenance, preservation of the
health, safety, convenience and welfare of the owners, for the
purpose of constructing,-erecting, operating or maintaining:
a. Underground lines, cables, wires, conduits
and other devices for the transmission of
electricity for lighting, heating, power,
telephone, and other purposes.
b. Public sewers, storm drains, waters drains
and pipes, water systems, sprinkling systems,
water, heating and gas lines or pipes; and
c. Any similar public or quasi-public improve-
ments or facilities.
The right to grant such licenses, easements and rights-
of-way are hereby expressly reserved to the
Association.
7. Duties of the Association. In addition to the power
delegated to it by the Articles, without limiting the generality
thereof, the Association or its agent, if any, shall have the
obligation to conduct all business affairs of common interest to
owners, and to perform each of the following duties:
a. Operation and Maintenance of the Common Area.
ELK RUN SUBDIVISION NO. 2 DECLARATION - 20
• •
Operate, maintain and otherwise manage or
provide for the operation, maintenance
and management. of the common area
including the repair and replacement of
property damaged ear destroyed by casualty
loss and all other property acquired by
the Association.
b. Taxes and Assessments. Pay all real and
personal property. taxes and assessments
separately levied against the common area
owne3 and managed by the Association or
against the Association and/or any
property owned by the Association. Such
taxes and assessments may be contested. or
compromised by the Association; provided,
however, that they are paid or a bond
insuring payment is posted prior to or
the sale or disposition of any property
to satisfy the payment of such taxes. In
addition, the Association shall pay all
other taxes, federal, state or local,
including income or corporate taxes
levied against the Association in the
event that the Association is denied the
status of a tax exempt corporation.
c. Water and Other Utilities. Acquire,
provide and/or pay for water, sewer,
garbage disposal, refuse and rubbish
collection, electrical, telephone and gas
and other necessary services for the
common area and other property owned or
managed by it.
d. Insurance. Obtain, from reputable
insurance companies authorized to do
business in the State of Idaho and
maintain in effect the following
policies.
1. Comprehensi~re public liability
insurance insuring the Board, the
Association., the Declarant and the
individual owners and agents and
employees of each of the foregoing
against any liability incident to the
ownership and/or use of the common area
or other property owned or managed by it.
Limits of liability of such coverage
shall be as follows: Not less than Five
ELK RUN SUBDIVISION NO. 2 DECLARATION - 21
• •
Hundred Thousand Dollars. ($500,000.00)
per occurrence with respect to personal
injury or death, and property damage.
2. Such other insurance including Workmen's
Compensation insurance to the extent
necessary to comply with all applicable
laws and indemnity, faithful performance,
fidelity and other bonds as the Board
shall deem necessary or required to carry
out the Association functions or to
insure the Association against any loss
from malfeasance or dishonesty of any
employee or other .,person charged with the
management or possession of any
Association funds or other property.
3. The Association shall be deemed trustee
of the interest of all members of the
Association in any insurance proceeds
paid to it under such policies, and shall
have full power to receive their
interests in such proceeds and to deal
therewith.
4. Insurance premiums for the above
insurance coverage shall be deemed a
common expense to be included in the
annual assessments levied by the
Association.
5. Notwithstanding any other provisions
herein, the Association shall
continuously maintain in effect such
casualty, flood and liability insurance
and a fidelity bond meeting the insurance
and fidelity bond requirements of PUD
projects established by the U.S.
Department of Housing and Urban
Development.
e. Rule Making. Make, establish, promulgate,
amend and repeal the Association Rules.
f. Architectural Committee. Appoint and
remove members of the committee, all
subject to the provisions of this
Declaration.
g. Drainacte Systems. Operate, maintain,
repair and replace the landscaped berm,
ELK RUN SUBDIVISION NO. 2 DECLARATION - 22
•
u
including the sprinkler system installed
thereon.
h. Ric1ht-of-Way Maintenance. Maintain,
repair, and replace the landscaped berm,
including the sprinkler system installed
thereon, and the fence located on the
public right-of-way which lies along the
boundary of the property.
i. Irrictation Maintenance. Maintain, repair
and replace all irrigation lines or
channels located in or serving the common
area, and to pay all, maintenance and
construction fees of the irrigation
district with respect to the property,
which amounts shall be assessed against
each lot as provided herein.
6.6 Personal Liability . No member of the Board or any
committee of the Association, or any officer of the Association, or
the Declarant, or the manager, if any, shall be personally liable
to any owner, or to any other party, including the Association, for
any damage, loss or prejudice suffered or claimed on the account of
any act, omission, error or negligence of the Association, the
Board, the manager, if any, or any other representative or employee
of the Association, the Declarant or the committee, or any other
committee, or any officer of the Association, or the Declarant
provided such person has, upon the basis of such information as may
be possessed by him, acted in good faith without willful or
intentional misconduct.
ARTICLE VII
COVENANT FOR MAINTENANCE ASSESSMENTS
7.1 -Creation of the Lien and Personal Obligation of
ELK RUN SUBDIVISION NO. 2 DECLARATION - 23
• •
Assessments. For each lot owned within the Properties, each owner
(subject to the provision in paragraph 7.4) by acceptance of a deed
therefor, whether or not. it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association:
A. Set-up fee to be collected at close of sale to
homeowner in an amount equal to one year's regular
assessment, Fifty and No/100 Dollars ($50.00).
B. Annual regular assessments or charges, and
C. Special assessments for capital improvements, such
assessments to be established and collected as
hereinafter provided.
D. Limited assessments as hereinafter provided.
The set-up fee, annual, special and limited assessments,
together with interest as allowed by the By-Laws or Idaho
law, whichever is greater, costs and reasonable
attorney's fees, shall be a charge on the land and shall
be a continuing lien upon the property against which each
such assessment is made. Each such assessment, together
with interest, costs and reasonable. attorneys' fees
incurred in a collection effort, whether or not suit has
been filed, shall also be the personal obligation of the
person who was the owner of such property at the time
when the assessment fell due. The personal obligation
for delinquent assessment shall not pass to his
successors in title unless expressly assumed by them.
ELK RUN SUBDIVISION NO. 2 DECLARATION - 24
• •
A. Purpose of Assessments. The regular assessments
levied by the Association shall be used exclusively to promote the
recreation, health, safety and welfare of the residents in the
properties and for the improvement and maintenance of the common:
area, and to pay the annual assessments of the irrigation district
and other financial obligations.
B. Special Assessments for Capital Improvements. In
addition to the annual regular assessments authorized above, the
Association may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying, in whole
or in part, the cost of any construction, reconstruction, repair or
replacement of a capital improvement upon the common area,
including fixtures and personal property related thereto, provided
that any such assessment shall have the assent of two-thirds (2/3)
of the qualified voters, either or in person or by proxy, at a
meeting duly called for this purpose.
C. Limited Assessments. The limited assessments may be
levied against any owner in an amount equal to the costs and
expenses incurred by the Association, including legal fees for
corrective action necessitated by such owner, including, without
limitation, costs and expenses incurred for the repair and
replacement of the common area or other property owned or
maintained by the Association, damaged by negligent or willful acts
of an owner or occupant of a lot who is occupying the lot with the
consent of such owner, or for maintenance of landscaping performed
ELK RUN SUBDIVISION NO. 2 DECLARATION - 25
• •
by the Association which has not been performed by owner as
provided herein.
7.2 Maximum Annual Assessment. Until January 1 of the year
immediately following the conveyance of the first lot to an owner,
the maximum annual regular assessment shall be Fifty and No/100
Dollars ($50.00) per lot, to be billed and paid semi.-annually.
A. From and after January 1 of the year immediately
following the conveyance of the first lot to an owner, the maximum
annual assessment may be increased each year not more than five
percent (5%) above the maximum assessment for the previous year
without a vote of the membership of the Association as provided
below.
B. From and after January 1 of the year immediately
following the conveyance of the first lot to an owner, the maximum
annual assessment may be increased above five percent (5~) by a
vote of three-fourths (3/4) of the owners who are voting in person
or by proxy, at a meeting duly called for this purpose.
C. The Board of Directors may fix the annual assessment
at an amount not in excess of the. maximum.
7~.3 Notice and Quorum for any Action Authorized Under Section
7.1 and 7.2. Written notice of any meeting call for the purpose of
taking any action authorized under sections 7.1 and 7.2 shall be
sent to all members not less than thirty (30) days nor more than
sixty (60) days in advance of the meeting. At the first such
meeting called, the presence of members or of proxies entitled to
cast fifty one percent (51~) of the votes shall constitute a
ELK RUN SUBDIVISION N0. 2 DECLARATION - 26
•
quorum. If the required quorum is not present, another meeting may
be called subject to the same notice. requirement, and the required
quorum at the subsequent meeting shall be one-half (1/2) of the
required quorum at the preceding meeting. No such subsequent.
meeting shall be held more than sixty (60) days following the
preceding meeting.
7.4 Uniform Rate of Assessment. Both annual and special
assessments must be fixed at a uniform rate for all lots and may be
collected on a semi-annual basis; provided, however, that during
the time there is a Class B member, such Class B member's
obligation shall be limited to the difference between the amount of
regular and special assessments levied against all lots not owned
by Declarant and the amount of the Association's actual expenses
rather than those sums otherwise due by Class A members established
in 7.1 and/or 7.2 above.
7.5 Date of Commencement of Annual Assessments - Due Dates.
The annual regular assessments provided for herein shall commence
as to all lots on January 1, The Board of Directors shall
fix the amount of the annual assessment against each lot at least
thirty (30) days in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to every
owner subject thereto. The due dates shall be established by the
Board of Directors. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer of
the Association setting forth the whether the assessments on a
specified lot have been paid. A properly executed certificate of
ELK RUN SUBDIVISION N0. 2 DECLARATION - 27
ARTICLE VIII
•
IDENTIFICATION AND QSE OF COMMON AREA
8.1 Common Area. The common area granted to the Elk Run
Homeowner's Subdivision No. 2, Inc., an Idaho corporation (marketed
as Elk Run), for Phase I, is described as:
Lot 1 Block 1
Lot 1 B1ocY_ 2
This common area shall be conveyed to the Association free and
clear of all liens and title encumbrances (other than easements,
taxes and common restrictions).
8.2 Use. Every lot owner shall be entitled to a right and
easement of enjoyment to the common area, and the title to the
common area shall be .considered appurtenant to the lot owner's
title, PROVIDED, if ingress or egress to any residence is through
the common area, any conveyance or encumbrance of such area is
subject to the lot owner's easement.
8.3 Mortctage of Common Area. The common area cannot be
mortgaged or conveyed to anyone without the consent of at least
two-thirds of the lot owners (excluding the Declarant).
8.4 Liability to Lot Owners. No individual lot owner shall
have liability for damage to the common area or liability for
injury to another arising out of someone's use of the common area
merely by virtue of being a lot owner.
ELK RUN SUBDIVISION NO. 2 DECLARATION - 29
•
ARTICLE IB
DI33OLIITION
9.1 In the event Elk Run Subdivision No. 2 Homeowner's
Association No. 2 is dissolved, any assets of the Association shall:
be dedicated to the City of Meridian, or conveyed to a non-profit
organization with similar purposes.
IN WITNESS WHEREOF, the undersigned owners have executed this
Declaration of Protective Restrictions and Covenants on the ~~
day of April, 1994.
Its
Grantor/Declarant
STATE OF IDAHO )
ss.
County of Ada )
On the day of April, 1994, before me, the undersigned,
a Notary Pub- c, in and for said State, personally appeared
L1 ~,y ~, ;.f ~ ~ ~:~; , known or identified to me to be the person
whose name is subscribed to the within and foregoing instrument as
O~e»s-, _ of Elk Run Subdivision No. 2 Homeowner's
Association, Inc. , and acknowledged to me that he executed the same
for said corporation in such official capacity.
~N WITNESS WHEREOF, I have hereunto affixed my official seal
the day and year first above written.
GtJ
o~ary Public for Idaho
Residing at .~ I aho
My Commission Expires: U 2 ~
ELK RUN SUBDIVISION N0.,2 DECLARATION - 30
J U ~V 2 r 1995
~.;I i ~ t,r~~ r~~~t~r
,,~.a. & ~l ~~dra~c ~I~iyatt~c 2~i~~~ct
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
5
Steven Mahaffy
Ringert Clark Chartered
P. O. Box 2773
Boise, ID 83701
RE: Elk Run Subdivision No. 2
Dear Steve:
Phones: Area Code 208
OFFICE: Nampa 466-7861
Boise 343-1884
SHOP: Nampa 466-0663
Boise 345-2431
I am enclosing a copy of a letter dated 16 June 1995 sent to Will
Berg of the City of Meridian by Bill Henson, District Assistant
Water Superintendent.
In Bill's letter, the message that I am getting is that the
District intends to do something with the pressurized irrigation.
system because of all of the inspections of the system that Bill
indicates in his letter that have and will be done by the District
when the time comes on these things.
I am asking that you send a letter to Jack Boone of The Development
Group at 1903 South Gull Cove Place, Meridian, Idaho 83642. Gary
Lee of J-U-B Engineering, Inc. is the project engineer according to
the records that the District has for Elk Run Subdivision No. 2.
If you would send them your questionnaire and urge them to get the
process started for a contract if they intend for the District to
own, operate and maintain the pressurized urban irrigation system
that they are installing in Elk Run Subdivision No. 2.
Sincerely,
Patricia A. Cooper,
Assistant Secretary/Treasurer
cc: File
Each Director
Secretary of the Board
Water Superintendent
Bill Henson
Ted Clinton
fCity of Meridian
enc.
C~Op~f
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
•
•
MERIDIAN CITY COUNCIL MEETING: JUNE 6 1995
APPLICANT ITEM NUMBER; 9
REQUEST; CC~R'S FOR ELK RUN SUBDMSION NO 2
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
aP~r~~ ~ ~ ~~ J
v N"
~~~J~ aP~r9~
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
• • R~clrivE~
MAY 2 6 1995
CITY OF MERIDIAN
'~a~ir~ia ~i ~l~i~ia'c'a~ ~Imetgauoot D~a~uct
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
Phones: Area Code 208
Jack Boone
The Development Group
1903 S. Gull Cove Place
Meridian, ID 83642
OFFICE: Nampa 466-7861
Boise 343-1884
SHOP: Nampa 466-0663
Boise 345-2431
RE: Elk Run Subdivision No. 2
Dear Jack:
I write in response to your telephone call on 23 May 1995,
requesting a construction contract for the above-referenced
subdivision. I have enclosed copies of past correspondence for
your files.
Please contact, as soon as possible, the Districts legal counsel,
Steve Mahaffy, at 342-4591 and give him the necessary information
to begin and complete the contract for the proper signatures.
If you have any further questions, please do not hesitate to
contact me.
Sincerely,
Patricia A. Cooper,
Assistant Secretary/Treasurer
PAC/dnm
cc: File
Each Director
Water Superintendent
Attorney - Mahaffy
Gary Lee - J-U-B Engineers
/ City of Meridian
Ada County Development Services
enc.
~Oo p~(
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
25 May 1995
Meridian City Council
October 4, 1994
Page 15
MOTION CARRIED: All Yea
•
ITEM #12: DEVELOPMENT AGREEMENT: ELK RUN SUBDIVISION NO. 2:
Kingsford: Counselor, you have then approved of the development agreement on Elk Run
Subdivision No. 2?
Crookston: I have reviewed it and made the comments that are on there yes. I haven't
looked at it recently though.
Corrie: Which one is it?
Kingsford: That is item 12, Elk Run Subdivision No. 2. Is there a motion to approve that
development agreement subject to Counselors notes being approved?
Yerrington: I make that motion.
Tolsma: Second
Kingsford: Moved by Max, second by Ron to approve the development agreement of Elk
Run Subdivision No. 2 subject to them meeting the legal counsel's notes on the
development agreement, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #13: SEWER/WATER/TRASH DELINQUENCIES:
Kingsford: This is to inform you in witting that if you choose to you have a right to a pre-
determination hearing at 7:30 P.M. October 4, 1994 before the Mayor and City Council to
appear in person and to be judged on the facts and defend the claim made by the City that
your sewer, water and trash bill is delinquent. You may retain Counsel. Your service will
be discontinued on October 12, 1994 unless payment is received in full. Is there anyone
from the audience that would like to contest their sewer, water or trash bill? Entertain a
motion to approve the turn off list.
Tolsma: So moved
Yerrington: Second
Kingsford: Moved by Ron, second by Max to approve the turn off list, all those in favor?
Opposed?
•
Meridian City Council
April 18, 1995
Page 18
•
MOTION CARRIED: All Yea
ITEM #11: AMENDED ELK RUN SUBDIVISION NO. 2 FINAL PLAT:
Kingsford: Does Council have any questions on that?
Morrow: I have some questions, and primarily due to confusmna tMe~id an allk ng'tabout
information on Elk Run we in of the ditch and then we had a letter in today's or this
parkicipation in the tiling and p p 9
afternoon from City Attorney Crookston talking ab Kenned'nLat ra b'efore we aeow any
letter of credit or a cash deposit on the piping of the Y
additional building permits or approval of final plat that is on thaai v'hatgwe hadldone n E k
reading this over, it is not very clear in my -mind, I thong { me we had indicated that they
Run Subdivision was is that on 2 different occasions in my
needed to the that lateral and it appears to me that if I understand this correctly the lateral
is not tiled and that apparently the Elk Run folk have rom John Anderson stating hatpn
Meridian by virtue of the copy of a letter to Jack Boon f
the Fall of 1995 which is 6 months from now that they wel pa think leam~nncomplete
machinery or putting the machinery there to lay the p p
a reement with Mr. Crookston given the fact of the history oftoh~takert' ace and so'I guess I
9
we need substantially more guarantees that this is going
would like Gary Smith or someone to enlighten me as to how we got to this situation that
we are at now.
Kin sford: Well, I think in part and you might correct me iat actualtoare the owners have
9 The people th Y
part we had misrepresentation of ownership. ou don't want to pipe during the irrigation
basically struck a deal with Nampa Meridian, y
season and I think as I see it that is the deal now they hn n that ou~sa das not fo rdo rig
I think Wayne's comment is ~fo~r tthev alue of theopipe and m t rials because Nampa
the project necessarily b
Meridian has obviously said they are going to do the work.
uess representing Elk
Crookston: Mr. Mayor, I have had a discussion with the Attorney I g
Run, inaudible) Bill Hart, he is not in management of thatdenYos ted a letter of cred t w th
is Alan Camron indicated to me this momto havett a work done. The only thing I would
the Nampa Meridian Irrigation District
su est is that we get verification from Nampa Meridian that that in fact has been done.
99
Kin sford: I think Mr. Berg is telling me that he has been in contact with their Attorney and
9
has refused to sign the plat until he has that.
•
Meridian City Council
April 18, 1995
Page 19
Crookston: That would be fine with me.
•
Morrow: So now let me see if I understand this, what we are going to get then is we are
going to get a letter of credit from their attorney, or from them to us, and then we are also
going to get confirmation from Nampa Meridian that these things are in place?
Crookston: It is my understanding that the letter of credit will run to Nampa Meridian
Irrigation District because they are going to be doing the work, but Elk Run owners are
going to be paying for the materials.
Kingsford: So the line of credit is for the value of the materials?
Crookston: That is my understanding.
Kingsford: Mr. Berg is saying over here that he thought it was going to be in favor of the
City.
Crookston: That would be fine, it doesn't matter to me which party is the obligee on the
letter of credit.
Morrow: I think what I want to see for our protection and to go back to our attorney
everything needs to be in writing, let's get a letter from Nampa Meridian alluding to all of
these facts and guarantee us that this is going to happen so that if something goes amiss
then we have Nampa Meridian to hold responsible that it in fact happens given the history
of this subdivision.
Kingsford: Are you willing to approve the final plat conditioned upon that?
Morrow: I am willing to approve of the amended final plat conditioned upon the receipt of
those and authorize the Mayor and City Clerk to sign and attest based upon the receipt of
guarantee's from Nampa Meridian to the City of Meridian.
Kingsford: I just would ask you to modify that slightly, Mayor doesn't sign plats so the City
Clerk and the City Engineer, that is one I don't have to deal with.
Morrow: I am sorry, I would modify that motion to insert City Engineer Smith in place of
Mayor Kingsford to be attested by City Clerk.
Yen-ington: Second
Kingsford: Moved by Walt, second by Max to approve the amended final plat for Elk Run
•
Meridian City Council
Apri 118, 1995
Page 20
Subdivision No. 2 conditioned upon the receipt of the letter of credit and the letter of
approval from Nampa Meridian Irrigation District, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #12: REQUEST FOR TIME EXTENSION ON SUMMERFIELD SUBDIVISION FINAL
PLAT:
Kingsford: Who is the engineer representing that? Shari, what is the scoop on that?
Stiles: Mr. Mayor and Council, Summerfield No. 2 and No. 3 just barely got through the
system and are now being recorded. So their next phase will be beyond the year required
to submit a final. So they are requesting a 1 year extension for the final plat of
Summerfield No. 4.
Kingsford: Any other questions?
Morrow: They are requesting a one year extension?
Kingsford: Is that what you said Shari, one year?
Tolsma: Mr. Mayor I would request that we grant the time extension on Summerfield
Subdivison Final Plat for one year.
Morrow: Moved by Ron, second by Walt to approve the time extension for Summerfield
Subdivision No. 4 final plat for one year, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #13: DEVELOPMENT AGREEMENT: TUTHILL ESTATES NO. 2 SUBDIVISION:
Kingsford: Shari, you guys have reviewed that and now we have a signed copy? Entertain
a motion to authorize the Mayor and City Clerk to sign and attest that.
Yerrington: So moved
Tolsma: Second
Kingsford: Moved by Max, second by Ron to authorize the Mayor and City Clerk to sign
and attest the Tuthill Estates Subdivision No. 2 development agreement, all those in favor?
Opposed?
•
MERIDIAN CITY COUNCIL MEETING: APRIL 18.1995
APPLICANT ITEM NUMBER; 11
REQUEST; AMENDED ELK RUN NO 2 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:
•~~
a~~
~~~ ~~ ~~ ~
~~~'
OTHER:
gN Materials presented at public meetings shah become property of the City of Meridian.
~,i ul
April 6, 1995
Mr. Will Berg, City Clerk
City of Meridian
33 East Idaho Street
Meridian, ID 83642
Dear Mr. Berg:
~~~~~iJ
.~~ - ~t
J-U-6 ENGINEERS, Inc.
ENGINEERS•SURVEYORS•PLANNERS
250 S. Beechwood Avenue, Suite 201
Boise, ID 83709-0944
208/376-7330
FAX: 208/323-9336
~~~~~
RE: AMENDED ELK RUN SUBDIVISION NO. 2 - FINAL PLAT
Transmitted herewith for your approval and signature on the Amended Final Plat Map
are the following documents for the above-referenced subdivision:
1. ORIGINAL mylars of Sheets 1 & 2 of the AMENDED ELK RUN SUBDIVISION N0. 2.
2. Blueprint copies of Sheets 1 & 2 of the AMENDED ELK RUN SUBDIVISION
NO. 2.
3. A reduced copy (8-1/2" x 11") of Sheets 1 & 2 of the AMENDED ELK RUN
SUBDIVISION NO. 2.
4. Photocopies of Sheets 1 & 2 of .the recorded plat of ELK RUN SUBDIVISION
NO. 2 as it appears in the records of Ada County, .Idaho as Instrument
No. 94097565 in Book 66 of Plats on pages 6864 and 6865.
The plat, as recorded, contained an error in the ownership name. The recorded plat
shows "The Development Group" as the property owner. However, the correct owner of
record should be "The Development Company." Therefore, at the Ada County Assessor's
request, we are obligated to amend the plat and re-record it with the proper
ownership name.
The City of Meridian City Council had previously approved the plat for Elk Run
Subdivision No. 2 on April 19, 1994, and the City Engineer had approved it on
September 13, 1994. Therefore, we respectfully request that you re-approve this
amended plat reflecting the proper ownership. You .will note that the plat has not
been modified, with the exception of the- owner's name and the plat date.
We would appreciate your immediate attention to this subdivision approval. We wish
to transmit the plat to the ,City of Meridian for their approval. If you have
questions or require additional information, please call..
Sincerely,
J-U-B ENGINEERS, Inc.
~~
Gary A. Lee, P.E./L.S.
Project Manager
GAL:ls
Enclosures
cc: Jack Boone, The Development Company
f:\projects\18530\admin\cityltrl.doc
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AMBROSE, FITZGERALD & CROOKSTON
ATTORNEYS AND COUNSELORS AT LAW
CRANT L. AMBROSE (1915-1968) TELEPHONE (208) 888.4441
JOHN O. FI'IZGERALD, PA. 1530 WEST STATE - P.O. BOX 427 FACSIMILE (208) 888-3%9
WAYNE G. CROOKSTON, JR., P.A.
WILLIAM J• SCHWARTZ
JOHN O. FITLGERALD IL, P.e1 MERIDIAN, IDAHO 83680
PETER W. WARE, JR.
THIS FIRM INCLUDES g
~ECEI V E~
PROFESSIONAL CORPORATIONS
APR 1 $ 1995
MEMO (~'t'Y OF MERIDIAN
DATE: April 14, 1995
TO: Will Berg, Jr.
FROM: Wayne G. Crookston, Jr. ~~ C ~.
RE: Elk Run Subdivision & Nampa and Meridian
Irrigation District -Participation in Piping
the Kennedy Lateral
I think that the City should require a Letter of Credit or
cash deposit on the piping of the Kennedy Lateral, before we
allow any additional building permits or the approval of the
final plat that is on the agenda for Tuesday, April 18, 1995.
• ~ RECEIVED
CENTRAL
•• DisTRicT MAR 3 1 1995
~1" H EA LT H ~~ of MER~o-
DEPARTMENT MAIN OFFICE 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-85Q0
To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality o/our en2~ironment.
95-130
March 29, 1995
DAVID NAVARRO
ADA COUNTY RECORDER
650 MAIN STREET
BOISE ID 83702
RE: AMENDED ELK RUN SUBDIVISION NO. 2
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 March 28, 1995.
No lot size may be reduced without prior approval of the health
authority.
If you have any questions please call.
Sincerely,
/ i~ my
Thomas E. Schmalz, .H.S.
Senior Environmental Health Specialist
CC: Tom Turco, Director of Environmental Health
HUD
City of Meridian
The Development Company
J.U.B. Engineers
Searing Valley, Elmors; Boisl; and Ada Counties
ADA /BOISE COUNTY OFFICE WIC BOISE - MERIDIAN EuwRE COUNTY OEFKE ELMORE COUNTY OFFICE VALLEY COUNTY OTfKE
707 N. Armstrong PI. 1606 Robert St. 520 E. 8th Street N. of ENVIRONMENTAL HEUTN 703 North i st
Boise, ID 83704-0825 Boise, ID 83705 Mountain Home, ID 190 S. 4th Street E. P.O. Box 1448
Enviro. Health: 327-7499 Ph. 334-3355 83647 Ph. 587-4407 Mountain Home, ID McCall, ID 83638
Family Planning: 327-7400 324 Meridian Rd. 83647 Ph. 587-9225 Ph. 634-7194
Immunizations: 327-7450 Meridian, ID. 83642
Nutrition: 327-7460 Ph. 888-6525
WIC: 327.7488
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ELK RUN SUBDIVISION NO. 2
(~ B
MARCH 11, 1994
` ~ •
u
DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS
OF
ELR RUN SUBDIVISION NO. 2
ARTICLE I
KNOW ALL MEN BY THESE PRESENTS, that the undersigned does
hereby certify and declare that he is the owner of the property
hereinafter described:
All of the lands located in Lots 35 through
39, Block 1; Lots 1 through 8, Block 3; Lots 1
through 20, Block 4; Lots 1 through 13, Block
5, Elk Run Subdivision No. 2, Ada County,
Idaho, according to the official plat hereof
on f ile in the office of the County Recorder
of Ada County, State of Idaho.
NOW, THEREFORE, the undersigned hereby declares that these
protective restrictions and covenants shall run with the land
described herein and shall be binding upon the parties hereto and
all successors in title of interest to said real property or any
part thereof, for a period of thirty (30) years from the recorded
date of these covenants shall be automatically extended for
successive periods of ten (10) years unless the owners of legal
title to not less than two-thirds (2/3) of the platted residence of
tracts of platted lots by an instrument or instruments in writing,
duly signed and acknowledged by them shall then terminate or amend
said Protective Restrictions and Covenants, and such termination or
amendment shall become effective upon filing of such instrument or
instruments for record in the office of the Recorder of Ada County,
Idaho. Such instrument or instruments shall contain proper
~/~
ELK RUN SUBDIVISION NO. 2 DECLARATION - 1
1~ r •
references by volume and page numbers to the record of this
Declaration in which the Protective Restric
tions and Covenants are set forth and all amendments hereof.
A. Annexation. Declarant presently intends to develop this
subdivision at one time. The annexed property, at the Declarant's
sole discretion, may be used and developed for any purpose allowed
under appropriate zoning regulations. Such other phases may be
brought within the provisions of this Declaration by Declarant, its
successors or assigns, at any time and from time to time, without
the approval to any owner, the Association or its Board of
Directors.
B. Additional Properties Subject to the provisions of
Paragraph A above, all provisions contained in this Declaration
shall apply to the added properties in the same manner as if it
were originally covered by this Declaration, subject to such
modification, changes and deletions as specifically provided in any
Supplemental Declaration.
C. Procedure for Annexation. The additions authorized under
Paragraph A above, shall be made by filing of record, a
Supplemental Declaration or other similar instrument with respect
to the other properties or portion thereof , which shall be executed
by Declarant or other owner thereof and shall extend the general
plan and scheme of this Declaration to such other properties
subject to the changes, modifications, deletions and addition as
are applicable to such other Declaration. The filing of record of
said Supplemental Declaration shall constitute and effectuate the
ELK RUN SUBDIVISION NO. 2 DECLARATION - 2
,~ ~ • •
annexation of the other properties or portion thereof described
therein, and thereupon said other or portion thereof shall become
and constitute a part of the properties, become subject to this
Declaration and encompassed within the general plans and scheme of
covenants, conditions, restrictions, reservations of easements and
equitable servitude contained herein as modified by such
supplemental Declaration for such other properties or portion
thereof, and become subject to the functions, powers and
jurisdiction of the Association and the owners of lots in said
other properties or portion thereof shall automatically become
members of the Association. Such Supplemental Declaration may
contain such additions, restrictions, reservations of easements and
equitable servitude contained in this Declaration as may be deemed
by Declarant desirable to reflect the different character, if any,
of the other properties or portions thereof, or as Declarant may
deem appropriate in the development of the other properties or
portion thereof.
D. Approval for Annexation. In addition to the foregoing
procedures, as long as there is Class B membership in this
corporation, annexation must have HUD/VA approval.
ARTICLE II
AMENDMENTS
BY GRANTOR. Until the close of escrow for the sale of the
first building lot in the Property, the provisions of the
Declaration may be amended or terminated by Grantor by recordation
of a written instrument setting forth such amendment or
ELK RUN SUBDIVISION NO. 2 DECLARATION - 3
~ i i1 •
C~
termination. For the purpose of this Declaration, the close of
escrow shall be deemed to be the date on which a deed granting a
building lot is recorded in the office of the Ada County Recorder.
BY OWNERS. Amendment of the Declaration of Protective
Restrictions and Covenants requires at least two-thirds (2/3) votes
of the lot owners. PROVIDED, HOWEVER, such amendments or any
merger or consolidation of this property with any other provided
for herein shall be first subject to the approval of Federal
Housing Administration and/or the Veterans Administration as long
as Class B membership exists. Any amendment must be recorded and
the same shall become effective upon the filing of such instrument
or instruments in the office of the County Recorder of Ada County,
Idaho.
ARTICLE III
PROPERTY USE RESTRICTIONS
A. Building Restrictions. All lots in said subdivision
shall be known and described as residual lots and restricted to
residential use as allowed by current applicable zoning regulations
and no structure shall be erected upon a building site therein
other than one detached single family dwelling with none of the
dwellings erected to exceed two (2) stories in height.
B. Tvpe of Building. All buildings shall be of frame, stone
or brick and shall be maintained in a good state of repair and if
other than brick or stone, shall be finished and painted and such
finish to be kept in good repair. All buildings shall be required
to have some stone, brick or stucco on front of building. Said
ELK RUN SUBDIVISION NO. 2 DECLARATION - 4
`' •
property shall be used in such manner as to be inoffensive to any
other property owner thereof. Architectural Asphalt shingles,
equivalent to Pabco HO-25 CLASS A SLIT or wood shingles or as
approved by the Architectural Control Committee are required. The
roof pitch for all buildings shall be six-twelve (6/12) pitch or
greater.
C. Minimum Building Size. Any residential building erected
upon said property shall have a floor area required under
provisions set by the Architectural Control Committee. In no event
shall the required area be less than 1,350 square feet of ground
floor area of a one-story house or 1, 000 square feet of first floor
area in the case of two-story. No split entry buildings are
allowed. The minimum ground floor area shall be exclusive of
garage, carport, patio, breezeway, storage room, porch and deck
floor area. No buildings shall exceed thirty-two (32) feet in
height unless approved by the Architectural Committee. All
dwelling units must be constructed with a minimum two (2) car
attached garage.
D. Building Location. No dwelling unit or other structure
(exclusive of fences and similar structures) shall be placed nearer
to the building lot lines than permitted by the plat for the
property or applicable zoning laws. The subdivision is located in
an R-8/R-4 zone with the following setbacks:
Front: Twenty (20) feet;
Side: (Interior lot line) five (5) feet per story;
Side: (Corner lot line) twenty (20) feet; and
Rear: Fifteen (15) feet.
ELK RUN SUBDIVISION NO. 2 DECLARATION - 5
In no event is any building to be located with setbacks in
violation of City of Meridian zoning regulations in effect at the
time of the recording of these documents. All foundations shall be
of a height to assure and provide for proper slope and drainage
from all lots.
E. Prosecution of Construction Work. The construction of
each dwelling and associated structures shall be prosecuted
diligently and continuously from time of commencement thereof until
such dwelling and associated structures are fully completed and
painted. All structures shall be completed as to external
appearance including finish painting within three (3) months from
the date of commencement of construction unless prevented by causes
beyond the control of the owner or builder and only for such time
as that cause continues.
F. Moving of Building. Outbuildings - No outbuildings or
structures shall be moved onto said real property or building site
except a new fabricated structure of a type and design approved by
the Architectural Control Committee. Further provided, that a new
fabricated building or structure shall, have a HUD-FHA structural
engineering bulletin issued and in current existence. No trailer
houses or mobile homes shall be parked in any street or within
building setback lines. No mobile home, basement, tent, shack,
garage, barn, or other outbuilding shall be used on any lot at any
time as a residence either temporarily or permanently, nor shall
any residence of a temporary character be permitted.
ELK RUN SUBDIVISION NO. 2 DECLARATION - 6
,~
•
G. Billboards-Signs. No sign of any kind shall be displayed
to the public view on any residential site except one professional
sign of not more than five (5) square feet advertising the property
for sale or rent, or signs used by a builder or the Declarant to
advertise the property during the construction and sales period.
H. Mining and Drilling Operations. No portion of the
property or any lot shall be used for the purpose of mining,
quarrying, drilling, boring or exploring for or removing water,
oil, gas or other hydrocarbons, minerals, rocks, stones, gravel,
earth or steam.
I. Excavation, Defacing of Landscape. No excavation for
stone, sand, gravel, earth, or minerals shall be made upon a
building site unless such excavation is necessary in connection
with the erection of an approved structure thereon.
J. Refuse Disposal-Material Storage. No lot shall be used
as a dumping ground for rubbish or as a storage site for building
or other materials, trash, garbage, ashes and other waste or
refuse. Such material shall be kept only in suitable sanitary
containers and shall not be thrown, dumped or otherwise disposed of
upon the real estate. All incinerators or other equipment for the
storage or disposition of such material shall be kept in a clean
and sanitary condition with such material being periodically
disposed of as required by appropriate local health authorities.
K. Fences - Hedges. No fence, wall, hedge or shrub planting
which obstructs sight lines at elevation between 3 and 8 feet above
roadways shall be placed or permitted to remain on any corner lot
ELK RUN SUBDIVISION NO. 2 DECLARATION - 7
~ , 1, • •
within the triangular area formed by the street property line and
a line connecting them at points 25 feet from the intersection of
the street property lines extended. The same sight line
limitations shall apply any lot within ten (10) feet from the
intersection of a street property line with edge of a driveway or
alley pavement. No tree shall be permitted to remain within such
distances of such intersection unless the foliage line is
maintained at sufficient height to prevent obstruction of sight
lines. No fence, all, hedge, or shrub planting which obstructs
view shall be placed nearer to front lot line than twenty (20) feet
nor to street side yard of fifteen (15) feet, but in no case closer
to street than building setback line. Fences shall be constructed
of dog eared cedar pickets. No fence shall be greater than (6)
feet in height above street level. Fences must comply with city
ordinance.
L. Landscapingt. Within ten (10) days after the completion
of construction of the building on a building lot (unless such time
is extended by the Architectural Committee for good cause), the
Grantee of such lot shall install the landscaping. Landscaping
must include the following:
1. Sod for front and side yards of corner lots.
2. Sod for front yards of interior lots.
3. All front yards to have at least three (3) approved
trees having a diameter of at least two (2)
inches.
An owner shall maintain the landscaping on his building
lot in a neat and attractive condition, including all necessary
gardening to properly maintain and periodically replace when
ELK RUN SUBDIVISION NO. 2 DECLARATION - 8
•
•
necessary the trees, plants, grass and other vegetation. It is
understood that the Grantor is filing and recording documents to
establish a Property Owners Association of Elk Run Subdivision No.
2, in part, for the purpose of maintenance of all landscape
easement areas.
M. Animals. No animals, livestock or poultry of any kind
shall be raised, bred or kept on any lot, except that dogs, cats or
other household pets may be kept, provided that they are not kept,
bred, or maintained for any commercial purpose, and provided, that
the keeper of such pets complies with all city and county laws,
rules and regulations . All dogs and cats or household pets kept on
these premises shall be properly fed and cared for and shall be
adequately fenced so as not to annoy or trespass upon the use of
the property of others. Dogs shall not be allowed to run at large.
No owner or owners of a building lot, may keep more than two (2)
domesticated pets on a building lot. No dog runs or kennels shall
be permitted to be kept or placed within five (5) feet of the
property line of any lot, or within five (5) feet of a setback line
where applicable. Dog runs or kennels shall only be permitted to
be placed and maintained to the rear of dwellings and in no event
shall such structures be visible from a street.
N. Sewage Disposal Systems Water and Utilities. No
individual sewage disposal system shall be used and each Grantee
shall hook on to the Meridian City Sewer System and pay all charges
assessed therefor, including the monthly sewer charge to be paid
after connecting to the City of Meridian public sewer system,
ELK RUN SUBDIVISION NO. 2 DECLARATION - 9
,. ~ • •
according to the ordinances and laws of Meridian City. Grantee
shall submit to inspection by either the Department of Public Works
or the Building Department whenever a subdivided lot is to be
connected to the sewage system constructed and installed on and
within its property. All lots shall use water provided by the
Meridian Water Department, no lot shall have an individual water
system. Such Grantee agrees at his sole expense to pay connection
charges as established by applicable utility entity connecting
thereto. The undersigned owned shall not be liable for the cost
thereof but may recover funds advanced to utilities after
installation.
Each owner of a lot shall be responsible for maintaining,
repairing and replacing the sewer services and/or public water
connection lines which service the owner's dwelling unit on the
lot. Any utility easement which exists for the benefit of the
owners of any lot within this development shall be accessible for
repair/replacement of said utility line lying within the easement.
All utility services shall be underground, including
without limitation, telephone, electricity and cable television.
O. Antennae. No television antennae, satellite receivers or
radio aerials shall be installed or allowed to remain on the
property other than the interior of a unit.
P. No Unscreened Vehicles Boats Campers Other Vehicles
and Other Items. No unsightliness shall be permitted on any lot or
common area. Without limiting the generality of the foregoing, all
unsightly facilities, equipment or structures shall be enclosed
ELK RUN SUBDIVISION NO. 2 DECLARATION - 10
`~ • •
within approved structures, or appropriately screened from view.
Travel trailers, recreational vehicles (must be less than 26' long,
10' high and 8' wide), boats, tractors, snow removal equipment,
golf carts, garden or maintenance equipment shall, at all times,
except when in actual use, be kept in an enclosed structure or
screened from view. Refuse, garbage and trash shall be kept at all
times in coffered, reasonably noiseless containers which shall be
be kept within an enclosed structure or appropriately screened from
view. Service areas, storage piles, compost piles and facilities
for hanging, drying or airing clothing or household fabrics shall
be appropriately screened from view. No lumber, grass, shrubs, or
tree clippings or scrap or refuse or trash shall be kept, stored or
allowed to accumulate on any lot or common area.
Q. Lights] Sound - General. No light shall be emitted from
any lot within the property or from common areas which light is
reasonable glare. No sound shall be emitted from any lot or common
area which is unreasonably loud or annoying, and no odors shall be
emitted on any property which are noxious or offensive to others.
R. Zoninq Compliance. Each owner shall comply with all
applicable zoning, fire and public health and safety codes and
ordinances applicable to the owner's building lot.
ARTICLE IV
ARCHITECTURAL CONTROL COMMITTEE
A. Members of the Committee. The Architectural Committee,
sometimes referred to as the "Committee", shall consist of three
ELK RUN SUBDIVISION NO. 2 DECLARATION - 11
~, • •
(3) members. The following persons are hereby designated as the
initial member of the Committee:
Bill Hardt
Jack Boone
Jim Boone
Each of said persons shall hold office until such time as
he has resigned or has been removed or his successor has been
appointed, as provided herein.
B. Right of Appointment and Removal. At any time Grantor is
the owner of at least ten percent (10~) of the lots, Grantor shall
have the right to appoint and remove all members of the Committee.
Thereafter, the then record owners of a majority of the lots shall
have the power through a duly recorded within instrument to appoint
and remove all members of the Committee. In the event of the death
or resignation of a member of said Committee a representative will
be appointed to fill the vacancy. The powers and duties of such
Committee or of its designated representative shall close after all
lots have been sold and the building(s) described in Article III
have been completed. Thereafter, the approval described in this
covenant shall not be required unless prior to said date and
effective thereof a written instrument shall be executed by the
then recorded owners of a majority of the lots in this subdivision
and duly recorded appointing a representative or representatives
who shall thereafter exercise the same powers previously exercised
by said Committee.
Neither the Committee nor any Member thereof, nor its
duly authorized Committee Representative shall be liable to any
ELK RUN SUBDIVISION NO. 2 DECLARATION - 12
owner or Grantee for any loss, damage, or injury arising out of or
in any way connected with the performance of the Committee's duties
hereunder unless due to the willful misconduct or bad faith of the
Committee. No member of such Committee, nor its designated
representative, shall be entitled to any compensation for services
performed pursuant to this covenant.
C. Review of Proposed Construction. No Building shall be
erected, placed or altered on any building lot in this subdivision
until the building plans, specifications and the plat plans showing
the building plans, specifications and the plat plans showing the
location of such building shall have been approved as to location
of the building with respect to topography, property lines and
finish ground elevation by the committee shall review and approve
or disapprove all plans submitted to it for any proposed
improvement, alteration or addition on the basis inter alia of
aesthetic consideration of color schemes, exterior finishes and
materials and similar features and the overall benefit or detriment
which would result to the immediate vicinity and the property
generally and the other standards and requirement set forth herein.
Exterior colors shall be neutral colors only. No red, pink, yellow
or purple colors shall be allowed on exterior walls. The Committee
shall not be responsible for reviewing, nor shall its approval of
any plan design be deemed approval of any plan or design from the
standpoint of structural safety or conformance with building or
other codes.
ELK RUN SUBDIVISION NO. 2 DECLARATION - 13
f ~
ARTICLE V
VACATIONS, RELOCATIONS, EASEMENTS
The undersigned owner further reserves to himself, his
licensees, successors and assigns, the right and power to vacate
and relocate or to plat new streets by instrument filed of record,
any street or alley as long as the undersigned owner owns each of
the parcels which are adjacent to the street both vacated and
relocated on the new and old right-of-way and provide an adequate
roadway in place of any vacated. Provided, nevertheless, vacation
and relocation, easements, right-of-way and streets allowed
hereunder shall be made in accordance with the minimum standards of
the State of Idaho, Ada County and Meridian, Idaho laws and
ordinances and regulations thereunder in relation to platting in
effect at the time of the construction of improvements. This
provision shall not be deemed to include any provisions of statute
giving any Grantee hereunder the right to object to such variances,
relocations, vacations and dedications and such rights of protest
are transferred to the undersigned owners hereunder.
Where any restrictions, easement or dedication herein vary
from the requirements of the subdivision or other ordinances of the
city or county having jurisdiction and the requirements of the
county ordinances relative to subdivision are more restrictive,
said more restrictive requirements shall be deemed to be a part
hereof as if set forth herein as part of these Restrictive
Covenants. This limitation shall apply in particular to locations
ELK RUN SUBDIVISION NO. 2 DECLARATION - 14
' ~~ ~ •
of public easements and ways where the same are particularly
required by such ordinances but not set forth herein.
VIOLATIONS OR ATTEMPT TO VIOLATE RESTRICTIONS
That should any Grantee violate or attempt to violate any of
the provisions of these Protective Restrictions and Covenants, any
other person or persons owning any real property embraced in the
said subdivision plat, shall use these Protective Restrictions and
Covenants either to prevent him or them from doing so or to recover
damages sustained by reason of such violation.
Any owner, or the owner of any recorded mortgage upon any part
of said property, shall have the right to enforce, by a proceeding
at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the
provisions of the Declaration. Failure by any owner to enforce any
covenant or restriction herein contained shall in no event be
deemed as a waiver of the right to do so thereafter.
In the event of judgment against any person for violation of
this Declaration, the Court may award injunction against any person
for such violation, require such compliance as the Court deems
necessary, award such damages, reasonable counsel fees and Court
costs as may be suffered or incurred, and such other or further
relief as may be deemed just and equitable.
The invalidation of any provision, sentence or paragraph
contained in these Protective Restrictions and Covenants by
judgment or court order shall in no way affect or invalidate any of
the provisions, sentences or paragraphs of said Protective
ELK RUN SUBDIVISION NO. 2 DECLARATION - 15
•
Restrictions and Covenants but the same shall be and remain in
effect.
ARTICLE VI
ELR RUN SUBDIVISION NO. 2 HOMEOWNER'S ASSOCIATION, INC.
6.1 Organization of Association. The Elk Run Subdivision No.
2 Homeowner's Association, Inc. (Association) shall be organized by
Declarant as an Idaho corporation under the provisions of the Idaho
Code relating to general nonprofit corporations and shall be
charged with the duties and invested with the powers prescribed by
law and set forth in the Articles, By-Laws and this Declaration.
Neither the Articles nor the By-Laws shall, for any reason, be
amended or otherwise changed or interpreted so as to be
inconsistent with the Declaration.
6.2 Membership. Each owner (including Grantees and
Declarant) of a lot by virtue of being such an owner and for so
long as such ownership is maintained, shall be a Member of the
Association, and no owner shall have more than one membership in
the Association, except as hereinafter set forth with respect to
voting. Memberships in the Association, shall not be assignable,
except to the successor-in-interest of the owner, and all
memberships in the Association shall be appurtenant to the lot
owned by such owner. The memberships in the Association shall not
be transferred, pledged or alienated in any way except upon the
transfer of title to said lot and then only to the transferee of
title to said lot. Any attempt to make a prohibited membership
ELK RUN SUBDIVISION NO. 2 DECLARATION - 16
• •
transfer shall be void and will not be reflected on the books of
the Association.
6.3 Voting. The Association will have two (2) classes of
voting memberships.
A. Class A. Class A members shall be the owners, with
the exception of the Declarant, and shall be entitled to one (1)
vote for each lot owned. When more than one person holds an
interest in any lot, all such persons shall be members. The vote
for such lot shall be exercised as they determine, but in no event
shall more than (1) vote be cast with respect to any lot.
B. Class B. The Class B member shall be the Declarant.
Upon the first sale of a lot to an owner, Declarant shall thereupon
be entitled to four (4) votes for each lot of which Declarant is
the owner. The Class B membership shall cease and be converted to
Class A membership when seventy-five (75~) percent of the lots are
deeded to homeowners or on January 1, 2000, whichever event should
first occur.
6.4 Board of Directors. The affairs of the Association shall
be conducted by a Board of Directors and such officers as the
Directors may elect or appoint, in accordance with the Articles and
By-Laws, as the same may be amended from time to time. The initial
Board of Directors of the Association shall be appointed by the
incorporators or their successors and shall hold office until the
first annual meeting, at which time a new Board of Directors shall
be elected in accordance with the provisions set forth in the By-
Laws.
ELK RUN SUBDIVISION NO. 2 DECLARATION - 17
• •
6.5 Power and Duties of the Association.
A. Powers. The Association shall have all the powers
of a non-profit corporation organized under the general non-profit
corporation laws of the State of Idaho subject only to such
limitations upon the exercise of such powers as are expressly set
forth in the Articles, the By-Laws and this Declaration. It shall
have the power to do any and all lawful things which may be
authorized, required or permitted to be done by the Association
under this Declaration, the Articles and the By-Laws, and to do and
perform any and all acts which may be necessary or proper for, or
incidental to the proper management and operation of the common
areas and the performance of the other responsibilities herein
assigned, including without limitation;
1. Assessments. The power to levy assessments (annual,
special and limited) on the owners of lots and to force payment of
such assessments, all in accordance with the provisions of this
Declaration.
2. Right of Enforcement. The power and authority from
time to time in its own name, on its own behalf or in behalf of any
owner or owners who consent thereto, to commence and maintain
actions and suits to restrain and enjoin any breach or threatened
breach of this Declaration or the Articles or the By-Laws,
including the Association rules adopted pursuant to this
Declaration, and to enforce by mandatory injunction or otherwise,
all provisions hereof.
ELK RUN SUBDIVISION NO. 2 DECLARATION - 18
. ~ i •
3. Delegation of Powers. The authority to delegate its
power and duties to committees, officers, employees or to any
person, firm or corporation to act as manager. Neither the
Association nor the members of its Board shall be liable for any
omission or improper exercise by the manager of any such duty or
power so delegated.
4. Association Rules. The power to adopt, amend and
repeal by majority vote of the Board such rules and regulations as
the Association deems reasonable (the Association Rules). The
Association Rules shall govern the use of the common areas by the
owners, families of an owner, or by an invitee, licensee, lessee,
or contract purchaser of an owner; provided, however, the
Association Rules may not discriminate among owners and shall not
be inconsistent with this Declaration, the Articles of By-Laws. A
copy of the Association Rules, as they may from time to time be
adopted, amended or repealed, shall be mailed or otherwise
delivered to each owner. Upon such mailing or delivery and
posting, said Association Rules shall have the same force and
effect as if they were set forth in and were a part of this
Declaration. In the event of any conflict between any such
Association Rules and other provisions of this Declaration, or the
Articles or By-Laws, the provisions of the Association Rules shall
be superseded by the provisions of this Declaration, the Articles
or the By-Laws to the extent of any such inconsistency.
5. Emergency Powers. The Association or any person
authorized by the Association may enter upon any lot in the event
ELK RUN SUBDIVISION NO. 2 DECLARATION - 19
• i
of any emergency involving illness or potential danger to life or
property or when necessary, in connection with any maintenance or
construction for which it is responsible. Such entry shall be made
with as little inconvenience to the owners as practicable and any
damage caused thereby shall be repaired by the Association.
6. Licenses. Easements and Rights-of-Wav. The power to
grant and convey to any third party such licenses, easements and
rights-of-way in, on or under the common area as may be necessary
or appropriate for the orderly maintenance, preservation of the
health, safety, convenience and welfare of the owners, for the
purpose of constructing, erecting, operating or maintaining:
a. Underground lines, cables, wires, conduits
and other devices for the transmission of
electricity for lighting, heating, power,
telephone, and other purposes.
b. Public sewers, storm drains, waters drains
and pipes, water systems, sprinkling systems,
water, heating and gas lines or pipes; and
c. Any similar public or quasi-public improve-
ments or facilities.
The right to grant such licenses, easements and rights-
of-way are hereby expressly reserved to the
Association.
7. Duties of the Association. In addition to the power
delegated to it by the Articles, without limiting the generality
thereof, the Association or its agent, if any, shall have the
obligation to conduct all business affairs of common interest to
owners, and to perform each of the following duties:
a. Oberation and Maintenance of the Common Area.
ELK RUN SUBDIVISION NO. 2 DECLARATION - 20
• •
Operate, maintain and otherwise manage or
provide for the operation, maintenance
and management of the common area
including the repair and replacement of
property damaged or destroyed by casualty
loss and all other property acquired by
the Association.
b. Taxes and Assessments. Pay all real and
personal property taxes and assessments
separately levied against the common area
owned and managed by the Association or
against the Association and/or any
property owned by the Association. Such
taxes and assessments may be contested or
compromised by the Association; provided,
however, that they are paid or a bond
insuring payment is posted prior to or
the sale or disposition of any property
to satisfy the payment of such taxes. In
addition, the Association shall pay all
other taxes, federal, state or local,
including income or corporate taxes
levied against the Association in the
event that the Association is denied the
status of a tax exempt corporation.
c. Water and Other Utilities. Acquire,
provide and/or pay for water, sewer,
garbage disposal, refuse and rubbish
collection, electrical, telephone and gas
and other necessary services for the
common area and other property owned or
managed by it.
d. Insurance. Obtain, from reputable
insurance companies authorized to do
business in the State of Idaho and
maintain in effect the following
policies.
1. Comprehensive public liability
insurance insuring the Board, the
Association, the Declarant and the
individual owners and agents and
employees of each of the foregoing
against any liability incident to the
ownership and/or use of the common area
or other property owned or managed by it.
Limits of liability of such coverage
shall be as follows: Not less than Five
ELK RUN SUBDIVISION NO. 2 DECLARATION - 21
• •
Hundred Thousand Dollars ($500,000.00)
per occurrence with respect to personal
injury or death, and property damage.
2. Such other insurance including Workmen~s
Compensation insurance to the extent
necessary to comply with all applicable
laws and indemnity, faithful performance,
fidelity and other bonds as the Board
shall deem necessary or required to carry
out the Association functions or to
insure the Association against any loss
from malfeasance or dishonesty of any
employee or other person charged with the
management or possession of any
Association funds or other property.
3. The Association shall be deemed trustee
of the interest of all members of the
Association in any insurance proceeds
paid to it under such policies, and shall
have full power to receive their
interests in such proceeds and to deal
therewith.
4. Insurance premiums for the above
insurance coverage shall be deemed a
common expense to be included in the
annual assessments levied by the
Association.
5. Notwithstanding any other provisions
herein, the Association shall
continuously maintain in effect such
casualty, flood and liability insurance
and a fidelity bond meeting the insurance
and fidelity bond requirements of PUD
projects established by the U.S.
Department of Housing and Urban
Development.
e. Rule Making. Make, establish, promulgate,
amend and repeal the Association Rules.
f. Architectural Committee. Appoint and
remove members of the committee, all
subject to the provisions of this
Declaration.
g. Drainage Systems. Operate, maintain,
repair and replace the landscaped berm,
ELK RUN SUBDIVISION NO. 2 DECLARATION - 22
• •
including the sprinkler system installed
thereon.
h. Right-of-Way Maintenance. Maintain,
repair, and replace the landscaped berm,
including the sprinkler system installed
thereon, and the fence located on the
public right-of-way which lies along the
boundary of the property.
i. Irrigation Maintenance. Maintain, repair
and replace all irrigation lines or
channels located in or serving the common
area, and to pay all maintenance and
construction fees of the irrigation
district with respect to the property,
which amounts shall be assessed against
each lot as provided herein.
6.6 Personal Liabilitv. No member of the Board or any
committee of the Association, or any officer of the Association, or
the Declarant, or the manager, if any, shall be personally liable
to any owner, or to any other party, including the Association, for
any damage, loss or prejudice suffered or claimed on the account of
any act, omission, error or negligence of the Association, the
Board, the manager, if any, or any other representative or employee
of the Association, the Declarant or the committee, or any other
committee, or any officer of the Association, or the Declarant
provided such person has, upon the basis of such information as may
be possessed by him, acted in good faith without willful or
intentional misconduct.
ARTICLE VII
COVENANT FOR MAINTENANCE ASSESSMENTS
7.1 Creation of the Lien and Personal Obligation of
ELK RUN SUBDIVISION NO. 2 DECLARATION - 23
• •
Assessments. For each lot owned within the Properties, each owner
(subject to the provision in paragraph 7.4) by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association:
A. Set-up fee to be collected at close of sale to
homeowner in an amount equal to one year's regular
assessment, Fifty and No/100 Dollars ($50.00).
B. Annual regular assessments or charges, and
C. Special assessments for capital improvements, such
assessments to be established and collected as
hereinafter provided.
D. Limited assessments as hereinafter provided.
The set-up fee, annual, special and limited assessments,
together with interest as allowed by the By-Laws or Idaho
law, whichever is greater, costs and reasonable
attorney's fees, shall be a charge on the land and shall
be a continuing lien upon the property against which each
such assessment is made. Each such assessment, together
with interest, costs and reasonable attorneys' fees
incurred in a collection effort, whether or not suit has
been filed, shall also be the personal obligation of the
person who was the owner of such property at the time
when the assessment fell due. The personal obligation
for delinquent assessment shall not pass to his
successors in title unless expressly assumed by them.
ELK RUN SUBDIVISION NO. 2 DECLARATION - 24
f , 1 • •
A. Purpose of Assessments. The regular assessments
levied by the Association shall be used exclusively to promote the
recreation, health, safety and welfare of the residents in the
properties and for the improvement and maintenance of the common
area, and to pay the annual assessments of the irrigation district
and other financial obligations.
B. Special Assessments for Cagital Imtnrovements. In
addition to the annual regular assessments authorized above, the
Association may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying, in whole
or in part, the cost of any construction, reconstruction, repair or
replacement of a capital improvement upon the common area,
including fixtures and personal property related thereto, provided
that any such assessment shall have the assent of two-thirds (2/3)
of the qualified voters, either or in person or by proxy, at a
meeting duly called for this purpose.
C. Limited Assessments. The limited assessments may be
levied against any owner in an amount equal to the costs and
expenses incurred by the Association, including legal fees for
corrective action necessitated by such owner, including, without
limitation, costs and expenses incurred for the repair and
replacement of the common area or other property owned or
maintained by the Association, damaged by negligent or willful acts
of an owner or occupant of a lot who is occupying the lot with the
consent of such owner, or for maintenance of landscaping performed
ELK RUN SUBDIVISION NO. 2 DECLARATION - 25
• •
by the Association which has not been performed by owner as
provided herein.
7.2 Maximum Annual Assessment. Until January 1 of the year
immediately following the conveyance of the first lot to an owner,
the maximum annual regular assessment shall be Fifty and No/100
Dollars ($50.00) per lot, to be billed and paid semi-annually.
A. From and after January 1 of the year immediately
following the conveyance of the first lot to an owner, the maximum
annual assessment may be increased each year not more than five
percent (5~) above the maximum assessment for the previous year
without a vote of the membership of the Association as provided
below.
B. From and after January 1 of the year immediately
following the conveyance of the first lot to an owner, the maximum
annual assessment may be increased above five percent (5~) by a
vote of three-fourths (3/4) of the owners who are voting in person
or by proxy, at a meeting duly called for this purpose.
C. The Board of Directors may fix the annual assessment
at an amount not in excess of the maximum.
7.3 Notice and Ouorum for any Action Authorized Under Section
7.1 and 7.2. Written notice of any meeting call for the purpose of
taking any action authorized under sections 7.1 and 7.2 shall be
sent to all members not less than thirty (30) days nor more than
sixty (60) days in advance of the meeting. At the first such
meeting called, the presence of members or of proxies entitled to
cast fifty one percent (51~) of the votes shall constitute a
ELK RUN SUBDIVISION NO. 2 DECLARATION - 26
~ y • •
quorum. If the required quorum is not present, another meeting may
be called subject to the same notice requirement, and the required
quorum at the subsequent meeting shall be one-half (1/2) of the
required quorum at the preceding meeting. No such subsequent
meeting shall be held more than sixty (60) days following the
preceding meeting.
7.4 Uniform Rate of Assessment. Both annual and special
assessments must be fixed at a uniform rate for all lots and may be
collected on a semi-annual basis; provided, however, that during
the time there is a Class B member, such Class B member's
obligation shall be limited to the difference between the amount of
regular and special assessments levied against all lots not owned
by Declarant and the amount of the Association's actual expenses
rather than those sums otherwise due by Class A members established
in 7.1 and/or 7.2 above.
7.5 Date of Commencement of Annual Assessments - Due Dates.
The annual regular assessments provided for herein shall commence
as to all lots on January 1, The Board of Directors shall
fix the amount of the annual assessment against each lot at least
thirty (30) days in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to every
owner subject thereto. The due dates shall be established by the
Board of Directors. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer of
the Association setting forth the whether the assessments on a
specified lot have been paid. A properly executed certificate of
ELK RUN SUBDIVISION NO. 2 DECLARATION - 27
} ~ • •
the Association as to the status of assessments on a lot is binding
upon the Association as of the date of its issuance.
7.6 Effect of Nonpayment of Assessments - Remedies of the
Association. Any assessment not paid within thirty (30) days after
the due date shall bear interest from the due date at the rate of
six percent (6~) per annum. The Association may bring an action at
law against the owner personally obligated to pay the same, or
foreclose the lien against the property. No owner may waive or
otherwise escape liability for the assessments provided for herein
by non-use of the common area or abandonment of his lot.
7.7 Subordination of the Lien to Mortgages. The lien of the
assessments provided for herein shall be subordinate to the lien of
any first mortgage. Sale or transfer of any lot shall not affect
the assessment lien. However, the sale or transfer of any lot
pursuant to mortgage foreclosure or any proceeding in lieu thereof,
shall extinguish the lien of such assessments as to payment which
became due prior to such sale or transfer. No sale or transfer
shall relieve such lot from liability for any assessments
thereafter becoming due or from the lien thereof.
7.8 Effect of Nonpayment as Against Mortctactees. No mortgagee
shall be required to collect an assessment, and the failure of a
lot owner to pay assessments shall not by itself cause a default
under an insured (HUD/VA) mortgage.
ELK RUN SUBDIVISION NO. 2 DECLARATION - 28
. ~ -~ ~
ARTICLE VIII
n
~~
IDENTIFICATION AND USE OF COMMON AREA
8.1 Common Area. The common area granted to the Elk Run
Homeowner's Subdivision No. 2, Inc., an Idaho corporation (marketed
as Elk Run), for Phase I, is described as:
Lot 1 Block 1
Lot 1 Block 2
This common area shall be conveyed to the Association free and
clear of all liens and title encumbrances (other than easements,
taxes and common restrictions).
8.2 Use. Every lot owner shall be entitled to a right and
easement of enjoyment to the common area, and the title to the
common area shall be considered appurtenant to the lot owner's
title, PROVIDED, if ingress or egress to any residence is through
the common area, any conveyance or encumbrance of such area is
subject to the lot owner's easement.
8.3 Mortgage of Common Area. The common area cannot be
mortgaged or conveyed to anyone without the consent of at least
two-thirds of the lot owners (excluding the Declarant).
8.4 Liability to Lot Owners. No individual lot owner shall
have liability for damage to the common area or liability for
injury to another arising out of someone's use of the common area
merely by virtue of being a lot owner.
ELK RUN SUBDIVISION NO. 2 DECLARATION - 29
ARTICLE I%
DISSOLUTION
9.1 In the event Elk Run Subdivision No. 2 Homeowner's
Association No. 2 is dissolved, any assets of the Association shall
be dedicated to the City of Meridian, or conveyed to a non-profit
organization with similar purposes.
IN WITNESS WHEREOF, the undersigned owners have executed this
Declaration of Protective Restrictions and Covenants on the ~~
day of April, 1994.
Its
Grantor/Declarant
STATE OF IDAHO )
ss.
County of Ada )
On the day of April, 1994, before me, the undersigned,
a Notary Public in and for said State, personally appeared
L~ ~ ~1 C? it t_ c-c~-~ , known or identified to me to be the person
whose name is subscribed to the within and foregoing instrument as
~~~,,,~~~ of Elk Run Subdivision No. 2 Homeowner's
Association, Inc. , and acknowledged to me that he executed the same
for said corporation in such official capacity.
IN WITNESS WHEREOF, I have hereunto affixed my official seal
the day and year first above written.
o ry Public for Idaho
Residing at I aho
My Commission Expires: v 2
ELK RUN SUBDIVISION NO. 2 DECLARATION - 30
CENTRAL
•• DISTRICT
PR'HEALTH
DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID. 83704 • (208) 375-5211 • FAX: 327-8500
To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment.
94-397
September 1, 1994 ~~~E~~~
S E P 0 7 1994
DAVID NAVARRO C~T't~ ~~' ;'~-'i~~'~,~ut~i
ADA COUNTY RECORDER
650 MAIN STREET
BOISE ID 83702
RE: ELK RUN SUBDIVISION NO. 2 (REVISED)
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 August 3, 1994.
No lot size may be reduced without prior approval of the health
authority.
If you have any questions please call.
Sin rely,
~.
eG
Thomas E. Schmalz, E ~.
Senior Environmental alth Specialist
cc: Tom Turco,- Director
HUD
City of Meridian
The Development Group
J.U.B. Engineers
Serving Valley, Elmore, Boise, and Ada Counties
Ada /Boise County Office WIC Boise • Meridian Elmore County Office Elmore County Office Valley County Office
707 N. Armstrong PI. 1606 Roberts 520 E. 9th Street N of Environmental Health P.C. Box ' :9
Boise, ID. 83704 Boise, iD. Mounrcm Nome. iD. • ' 90 S. 4th Street E. McCcil. !C. S3a;8
Enviro. Health: 321.7499 83705 Ph.334-3355 9364' Ph.587-4407 ~tountcin Home. ',D. Ph. 634-%' ~:
Family Planning: 327-7400 324 Meridian, iD. ?3647 Fh.591-9225
Immunizations: 321-1450 83642 Ph. 988-0525
Nutrition: 321-7460
WIC: 321-1489
~ ~ ~ J-U-B ENGINEERS, Inc.
~~, ~ ~ ~ ~ ENGINEERS • SURVEYORS • PLANNERS
250 S. Beachwood Avenue, Suite 201
Boise,lD-$3709-0944
.208/37&7330
FAX:208/323-9336
November 2, 1994
Mr. Gary D. Smith, P.E
City of Meridian
33 E. Idaho Street
Meridian, ID 83642
Dear Gary:
REGrE/VEA
N u V u 4 1y94 ~
Ni~r-dian
City Engineer
RE: ELK RUN NO. 2 SUBDIVISION
Piping of Kennedy Lateral
We have been instructed by Bill Hardt, The Development
Group, to proceed with the preparation of. the. improvement
plans. to pipe the Kennedy Lateral along the westerly and
southerly boundaries of Elk Run Subdivision Nos. 1 and 2. I
have met with Nampa and Meridian Irrigation District to
resolve some of the design details for the structures and
pipe size.
For your information, we will send the City a copy of the
Improvement Plans when they are available_
If you have any questions, please call.
Sincerely,
J-U-B ENGINEERS, Inc.
(~ ~`~-
ar A. Lee, P.E./L.S.
Project Manager
GAL:ls
cc: Bill Hardt,
Project No. 18530
pC - I/~/ I ~ ~ ~ielc~t
SL-fil/ld, c~4"I
The Development Group
is
«~
RINGERT . ~ ~
C~ CLARK
LAWYERS
August 26, 1994
William F. Ringen
D. Blair Clark
.lndrew ~t. liamngton
James G. Reid
Jeffrey R. Chris~enson
James P. Kaufman
Patrick D. Furey
Laura E. Burn
nllyn L. Sweeney
David Hammerquis~
Daniel v. S~eenson
Steven C. ~lahaffy
Samuel Kaufman i I s2 I - i sse~
Mark S. Freeman -
Attorney at Law
P.O. Box 10
Meridian, Idaho 83080
RECEIVED
AUG 2 9 1994
iy~er><dian
City Engineer
Re: Elk Run Subdivision Nos. 1 and 2 (The Development Company)
Dear Mr. Freeman:
John Anderson of Nampa & Meridian Irrigation District has given
me copies of your letter to Bill Henson dated August 19, 1994 and of
his letter dated August 22, 1994 to William C. Hardt of The
Development Company. John's letter was dictated before he saw your
letter. I have also spoken with John on the subject.
John's letter to Mr. Hardt states the District's- position. We
have a couple of comments in regard to your letter. The distances are
from the top of the bank, the standard expression among irrigators,
rather than the "edge of the water" used in your letter. Second, we
respectfully cannot accept merely an attempt on the part of Mr. Hardt
to discuss fence relocation with the present lot owners. We must have
a signed license agreement by The Development Company covering all
fences or The Development Company, if it chooses, must procure the
signatures of the affected owners to individual license agreements or
a joint license agreement signed by each owner.
The District holds The Development Company responsible .for
improper installation of the fence and for satisfactory fence
relocation. John Anderson of the District was told that Kennedy
Lateral would be placed in a pipe by the developer in which .case
location of the fence at its present site was acceptable if not ideal.
The Development Company later decided not to install the pipe but left
the fence in the location as if a pipe were to be installed. The
District should have been notified of this change in construction
plans. Had it been notified, it would have required location of the
fence in the now required location with .avoidance of present
relocation problems.
The 15 foot width required in Elk Run Subdivision No. 1 is an
absolute minimum and permits a fence encroachment of 20 feet within
the District's right of way. There is a well-defined passage way
along the 15 foot area required by the District.
The District views the fence in its present location as a
trespass. It interferes with the District's secondary easement of
maintenance and repair and is subject to removal by the District.
-~55 South Third Street • P.O. Box 2 r r3 • Boise. Idaho 83?Ol • 208/342-4591 FAX 342-=t•657
•
The license agreement proposed~by the District is an alternative
to a trespass dispute. If you will send information to my office
necessary for preparation of a license agreement, one will be prepared
in one of the alternate forms suggested above. I know that we need at
least the legal name of The Development Company, the kind of entity it
is, its address and telephone number, legal descriptions for Elk Run
Subdivisions Nos. 1 and 2, and an 8 1/2 x 11 plat or other drawing
showing with numbers the location of the fences as required in John
Anderson's August 22 letter.
I send a copy of this letter to John Anderson and ask John to
correct or supplement any statements I have made that he care to. I
also send a copy of this letter to Gary Smith.
Yours very trul ,
An rew M. Harrington
AMH/llw
cc: Gary Smith
John Anderson
• • ~~~~.~
S Ep 2 3 99~~
C1 i°.~ ~ ,.,~ri.:r~i~a~t~d
i~~~ & ~ ~ .
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888.6201
21 September 1994 Phones: Area Code 208
OFFICE: Nampa 466-7861
Boise 343-1884
SHOP: Nampa 466-0663
Gary Lee Boise 345-2431
J-U-B Engineers, Inc.
250 South Beechwood Avenue, Suite 201
Boise, Idaho 83709-0944
~Re: Elk Run Subdivision No. 2 Pressurized Irrigation
Dear Gary:
Nampa & Meridian Irrigation District has reviewed the plans for
pressurized irrigation in Elk Run Subdivision No. 2. If the
project is constructed according to the plans reviewed, it will
meet Nampa & Meridian Irrigation District's requirements.
However, we do need construction agreements with the developer.
Please have the developer of the subdivision contact Daren Coon at
the address on the letter head or by phone at the office so that
the necessary paper work can be completed to finalize this project.
If further discussion is required regarding this project, please
feel free to contact me.
Sincerely,
John P. Anderson
District Water Superintendent
pc: Each Director
Secretary of the Board
John. Sharp
Steve Mahaffey, Ringert Clark Chartered
~y of Meridian
Ada County Development Services
Bill Henson
File
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
• •
;'Zzal~~ ~ ~ ~ ~ ~ ~ ~ LJI~.~'IGCt
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
9 August 1994
Meridian Planning
33 East Idaho
Phones: Area Code 208
OFFICE: Nampa 466-7861
Boise 343-1884
SHOP: Nampa 466-0663
& ZOning COmmlSSlori yy--~~ Boise 345-2431
Meridian, Idaho 83642 AUG 1 5 1994
Re: Elk Run Subdivision No. 1 a~"~`"~" ~~~ ~,,~
,;;,~;~{~~~
Elk Run Subdivision No. 2 ,
Dear Commissioners:
Gary Smith, Meridian City Engineer, informed me that the developers
of Elk Run Subdivision No. 2 are asking for a variance on the
piping of the Kennedy Lateral because of the size and the cost of
the pipe. We were told by the developers of the Elk Run Sub-
division that the Kennedy Lateral would be piped, and believing
this information, Nampa & Meridian Irrigation District allowed
fencing to encroach on the Kennedy Lateral's easement. The right-
of-way on the Kennedy Lateral is 55 feet: 20 feet to the left and
35 feet to the right of center facing downstream.
The fencing that was installed in Elk Run Subdivision No. 1 is too
close for a backhoe or a large truck to course along the Kennedy
Lateral for routine operation and maintenance. Nampa & Meridian
Irrigation District will protest any and all waivers on the piping
of the Kennedy Lateral until the problem of the fencing is
resolved.
We are asking that the City of Meridian hold all permits in the Elk
Run Subdivision until the encroachment on the Kennedy Lateral is
worked out to our satisfaction.
Sincerely,
~~
Bill Henson
Assistant Water
Superintendent
pc: Each Director
Secretary of the Board
District Water Superintendent
File
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
CENTRAL • •
•• DISTRICT
i~HEALTN ~~_.
DEPARTMENT MAIN OFFICE • 107 N. ARMS?f<ONG PL. • BOISE, ID. 83704 • (208) 375-5211 : fAX:.327-8500
To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our enuironineni.
94-397
August 4, 1994
r"
RE~~IVED
DAVID NAVARRO
ADA COUNTY RECORDER
650 MAIN STREET
BOISE ID 83702
RE: ELK RUN SUBDIVISION NO. 2
Dear Mr. Navarro:
AUG 1 2 1994
CITY OF MERIDIAN
Central District Health Department, Environmental Health
Division has reviewed and do approve the final plat on this
subdivision for private well and central sewer facilities.
Final approval was given on August 3, 1994.
No lot size may be reduced without prior approval of the health
authority.
If you have any questions please call.
Sincerely,
Thomas E. Schmalz, E.H.S.
Senior Environmental Health Specialist
cc: Tom Turco, Director
HUD
City of Meridian
The Development Group
J.U.B. Engineers
Serving Valley, Elmore, Boise, and Ada Counties
Ada !Boise County Office WIC Boise • Meridian Elmore County Office Elmae County Office Valley County Office
701 fJ. Armsrrcng '. 1606 Roberts 520 E. 8th Street N. of Environmental HeaBh P.O. Box 1448
Bcise, iC. 857 1 3olse. ID. Mounto,n Home. ID. 190 S 4th S'rer• E ~1cCc!I, ID. 83638
Enviro. Hec:m: 32i-;499 83105 Ph. 334-3355 83641 Ph.587-4407 Mountcin HCTa. iD. Fh. 634-1194
Fcmi;y F!onning: 32?-?4~ 324 Meridion, ID. 83647 Fh 58'-=225
mm~~~eizctlors: 32.-.450 ~ 83642 Ph. 888-6525
Nutnticn: 3274460
J!C X27-7~~
.
,
.s-~ : , - •
Meridian City Council
April 19, 1994
Page 25
which would bring us to the Boise fees." It would appear that his motion was for
residential fee increases, the amended resolution as drawn does not make that
distinction that it is residential.
Kingsford: You are certainly right about the motion that is my recollection as well.
Any comments on that Mr. Corrie?
Corrie: That is correct Mr. Mayor, it was for residential, not commercial.
Kingsford: Would it be appropriate to redraw resolution 111 A, entertain a motion to
that effect.
Tolsma: So moved
Corrie: Second
Kingsford: Moved by Ron, second by Bob to redraw amended resolution 111 A, all
those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #11: FINAL PLAT: ELK RUN SUBDIVISION NO. 2, 44 LOTS BY TIME
DEVELOPMENT GROUP AND GARY LEE:
Kingsford: Does Council have any questions for the engineer? Let me first ask, is
this the same plat that we saw before?
Lee: tt is
Kingsford: You are certain of that we have had multiple plats appearing here.
Lee: No, it is the same as the preliminary plat.
Kingsford: Do you concur with that Mr. Smith?
Smith: Yes sir.
Corrie: Mr. Mayor, Gary you have read his comments?
Lee: Yes, I got them today and re-did them.
•
Meridian City Council
April 19, 1994
Page 27
Lee: I think it was
• .,i.,
Smith: And I just, I haven't been out there for some time so I didn't know what the
status of that fence was. Nampa Meridian requested that it be moved I believe.
Lee: Our conversation with Nampa Meridian Irrigation District is that there is a license
agreement in the works right now to address the fencing issues. There are a couple
areas that likely will have to be modified.
Morrow: I have no more questions of Gary.
Kingsford: Other questions for Mr. Lee?
Morrow: The same issue, the pressurized irrigation issue, can you address that for
me?
Lee: Well, it wasn't the plan to install pressurized irrigation when the preliminary plat
was installed. It is a 12 acre site, I am not real sure on the economics of this
particular project I don't know if it is something that is viable or not. Nampa Meridian
has indicated in the past that their feelings are that anything less than about 20 acres
it is not a feasible way to approach it.
Morrow: I think experience has shown at least from my perspective that it is feasible
down to 5 acres to and including if you have to do any shallow wells as an additional
source of water. My first experience was in 1976 and it still functions today the
pumps as well.
Kingsford: Mr. Lee, as recently as this afternoon in a meeting with the Nampa
Meridian Irrigation Board they said they would be very willing to look at any of those
systems of any size. So, they may have amended that.
Morrow: Have you submitted your covenants and restrictions also to the City
Attorney for his review?
Lee: I would probably have to defer that to the developer I am not sure.
Crookston: I believe they have submitted it.
Morrow: I have no further questions.
Crookston: I haven't had an opportunity to review them yet.
~~ s •
Meridian City Council
April 19, 1994
Page 26
Cowie: Any problems?
Lee: No
Morrow: I have a question of Mr. Smith, it is primarily an informational question.
Why are the Cable T.V. and U.S. West requesting a 10 foot easement now instead
of a 5 foot that we normally do for that type of utility?
Smith: I don't know Councilman Morrow, I haven't checked with them. I just noticed
it on several subdivisions, their comment sheets that have come in lately have been
requesting 10 feet on each side of the rear lot line. In the not too distant past the
City of Meridian had a 10 foot easement required along rear property tines and it was
for one reason or another decreased to 5 feet which is the same dimension that exists
on the sidewalk. I think the old 10 foot easement kind of laid it back to the alley, but
around the exterior boundary of the subdivision we still carry a 10 foot easement. Of
course the theory behind the two 5 foot easements on the rear property lines is they
back into each other is that you have 10 feet the sum of the 2. I don't really know
the answer to your question why they are requesting 10 feet. I do know that when
telephone goes is and cable T. V, goes in they don't go in straight lines. And 1 have
got a feeling that have had problems keeping their facilities in 5 feet. It is just the
way that they plow. Historically there have been real problems with the alignment
of their cables, you just can't tell where they are going to be or how deep they are
going to be.
Morrow: Would that not be a management problem on their part?
Smith: Yes, sir it is but.
Morrow: We are not going to request of our folks that they do a 10 foot easement,
our Ordinance says 5 feet.
Smith: Our Ordinance says 5 feet right now, and I just bring that up as an
informational.
Morrow: The other question I had f you is what is the status of the fencing installed
along the Kennedy Lateral, what is the purpose of that comment or question?
Smith: Well, there was, when I checked back through the file there was a question
that was brought up at the time that I think No. 1 was done, I think it was Nampa
Meridian that brought the question up, is that right Gary?
• ~ . ,
Meridian City Council
April 19, 1994
Page 28
Kingsford: Mr. Berg, if you would place those on the agenda when they have been
reviewed for Council approval. Any other questions of Mr. Lee? Is Council prepared
to make a decision?
Morrow: Mr. Mayor I would move that we approve the final plat subject to the
pressurized irrigation system being installed within the Elk Run Subdivision #2.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve the final plat of Elk Run
subdivision No. 2 conditioned upon the pressurized irrigation system, all those in
favor? Opposed?
MOTION CARRIED: All Yea
ITEM #12: FINAL PLAT: TRACT SUBDIVISION N0. 5, 75 LOTS BY PROPERTIES
WEST AND GARY LEE:
Kingsford: Any questions for the engineer? Probably something with regard to
pressurized irrigation.
Corrie: Mr. Mayor, just before my other comments, I hope we do have the irrigation
companies running these because I can see some big problems if we don't.
Kingsford: If they are in a homeowners association I had some real problems with
people hooking to City source and we will achieve nothing with that and we will have
gotten no development fee. It has to be an entity either ourselves or the irrigation
district, and I would far prefer the irrigation district.
Corrie: Okay, with that I will continue then Mr. Mayor. I guess there are 5 things on
Gary's list and one of them that f am particularly wondering about is that 78 lots were
shown on the preliminary plat and 75 lots are shown on the final plat. Can we get
an explanation here?
Lee: The last 2 phases of Tract Subdivision actually 3 it started with Tract No. 3 and
parts of 2. The market in that are has changed somewhat from the original concept
that we had developed for that subdivision. And we have been dropping lots in each
phase through the final plats and allowing for our wider lots. We originally had the
subdivision approved for an excess of 300 lots with a minimum of 60 foot frontage.
And now the market is pointing us towards lots that are in an excess of 70 feet, 70
to 74, 76 feet in average width. That is why there are lesser numbers.
• •
MERIDIAN CITY COUNCIL MEETING: April 19, 1994
APPLICANT: THE DEVELOPMENT GROUP AGENDA ITEM NUMBER: 11
REQUEST: FINAL PLAT• ELK RUN SUBDNISION NO 2
A ENCY
CITY CLERK:
CITY ENGINEER: SEE ATTACHED COMMENTS
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT: "REVIEWED"
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
COMMENTS
/,~
~"
ro'r`e~ ~~e ~`
~- P ~e~ ~~ ~~~ ~
P ~, ~ ~ rr~ 9
ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS
CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION: f~.t~0~ N ~ I $~9y
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
• HUB OF TREASURE VALLEY •
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-22! 1
COUNCIL MEMBERfi
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Atlministrator
JIM JOHNSON
Chairman -Planning & Zoning
GRANT P. KINGSFORD
Mayor
MEMORANDUM
To: Mayor and City Council
From: Gary D. Smith, PE ~'`~ ,
Date: April 12, 1994
RE: ELK RUN SUBDIVISION NO. 2
(Final Plat)
I have reviewed this submittal and offer the following comments for your information and or use as
conditions of the applicant during the decision making process:
1. This plat is in conformance with the previously approved preliminary plat for street alignment
and lot arrangement.
2. Although our ordinance requires a 5 foot easement on each side of interior lot lines, US West and
Cable T.V. has recently requested a 10 foot easement on each side of rear lot lines.
3. Submit final street name approval memo from Ada County Street Name Committee.
4. Obtain a license agreement from Nampa & Meridian Irrigation District prior to doing any
piping work.
5. Wayne Forrey mentioned in his review of the preliminary plat that the ditch easement could be
reduced to 20 feet with piping of the ditch. Check with NMID. (What is the status of the
fencing installed along Kennedy Lateral in Subdivision No. 1?)
6. Establish the elevation of the highest seasonal groundwater level to aid builders in setting
their bottom of footing one foot above that point.
7. In the Certificate of Owners there are two minor discrepancies:
Line 9 -Symbol for degrees for 41 °37'
Line 26 -Bearing 88 ° 55'46"? in lieu of 45"?
•
•
HUB OF TREASURE VALLEY
OFFICIALS
A GOOd PIaCC LO L1Ve COUNCIL MEMBERS
RONALD R. TOLSMA
WILLIAMG.BERG,JR.,CityClerk
JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAXYERRINGTON
ROBERT D. 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 8 Zoning Aeministrator
KENNY W. BOWERS, Fire Chief IDAHO $3(~2
MERIDIAN
W.L. "BILL" GORDON, Police Chief , JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887.4813 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, may we have your answer by:
April 12
19
TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/~Q/94
REQUEST: Final Plat: Elk Run Subdivision No. 2
BY: The Development Group and Gary Lee/JIJB Engineers
LOCATION OF PROPERTY OR PROJECT: Highway 69, south of Overland Road
JIM JOHNSON, P/Z
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 & 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 & FINAL PLAT)
BUREAU OF REC ATION(PRELIM & FINAL PLAT)
CITY FILES ~ -~ ~ _ ,~
n'ruco- L ` ~~ 4-f D i
YOUR CONCISE
~~a , ~ ,
'eyP R ~>f
•
•
HUB OF TREASURE VALLEY
OFFICIALS
A GOOf3 Place YO L1Ve COUNCIL MEMBERS
RONALD R. TOLSMA
WILLIAM G. BERG, JR., City Clerk
W
S'
CITY OF 1VI~~IDIAN MAX YERRINGTON
ROBERT D. CORRIE
eer
P.E. City Eng
GARY D SM TH WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
S
W
33 EAST IDAHO
SHARI STILES
ater
upt.
JOHN T. SHAWCROFT, Waste - Planner 8 Zoning Administrator
KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO $3642
W.L. "BILL" GORDON, Police Chief JIM JOHNSON
WAVNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887.4813 Chairman -Planning 8 Zoning
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COM11~iENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian City Council, may we have your answer by:
TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/x/94
REQUEST: Final Plat: Elk Run Subdivision No. 2
BY: The Development Group and Garv LeeIJUB Engineers
LOCATION OF PROPERTY OR PROJECT: Highway 69, south of Overland Road
JIM JOHNSON, P/Z
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 & 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 & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES ' /
OTHER: ~- 3 ~- ~ `~
YOUR CONCISE REMARKS:
/Y'1 ~tJ S W ~ L iu~e,P
~C~
C,J ~~S
~}~ ~.,, ..t ~ A. T
/2
Q
~~
• • SUPERINTENDENTOFSCHOOLS
Bob L. Haley
0`t EXCE~`~ DEP Dan Mabe, FinanceDB~ Administration
Z DIRECTORS
~~~\~~A 1 ~n Sheryl Belknap, Elementary
~` Jim Carberry, Secondary
Christine Donnell, Personnel
Doug Rutan, Special Services
JOINT SCHOOL DISTRICT N0.2
911 MERIDIANSTREET • MERIDIAN,IDAH083642 PHONE(208)888-8701
April 4, 1994
RECEIVED
City of Meridian
33 East Idaho
Meridian, Idaho 83642
APR 0 7 1994
CITY U~ ~~~l~if~~d
RE: Elk Run Subdivision No. 2
Dear Councilmen:
I have reviewed the application for E1
find that it includes approximately 4
of $100,000. We also find that this
census tract 103.13 and in the
McPherson Elementary, Meridian Middl
School.
k Run Subdivision No. 2 and
4 homes at the median value
subdivision is located in
attendance zone for Mary
e School and Meridian High
Using the above information we can predict that these homes, when
completed, will house 18 elementary aged children, 14 middle
school aged children, and 12 senior high aged students. At the
present time Mary McPherson Elementary is at 119 of capacity,
Meridian Middle School is at 126 of capacity and Meridian High
School is at 123$ of capacity.
The Meridian School District is not to opposed to growth in our
district, however this subdivision will cause increased over-
crowding in all three schools. There is little opportunity to
shift attendance boundaries since the surrounding schools are
also well over capacity. Before we could support this
subdivision, we would need land dedicated to the district or at
least made available at a minimum price for a school site in this
area. The site would need water and sewer service available. In
addition we would need to pass another bond issue for the
construction of schools.
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.
• •
We are in a difficult position and need your help in dealing with
the impact of growth on schools.
Sincerely,
~~ ~~
Dan Mabe
Deputy Superintendent
DM:gr
SU~VISION EVALUATION ~EET ~CEIi~E~
APR 1 5 1~,9~
Proposed Development Name ELK RUN SUB NO. 2 City Mi~~-QF ~~~b.~?t~l~"
Date Reviewed 4/7/94 Preliminary Stage Final XXXXX
Engineer/Developer ~-U-B Engr. /The Development Group
The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee
per the requirements of the IDAHO STATE CODE.
ELK RUN SUBDIVISION NO 2 ~z2c. /L/y~l/? ~~e °`'
The Street name comments listed below are made by the members of the ADA COUNTY
STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this
development in accordance with the Boise City Street Name Ordinance.
The following existing street names shall appear on the plat as:
"W OVERLAND ROAD" "E OVERLAND ROAD"
- "S MERIDIAN ROAD STATE HIGHWAY 69"
"WEST CALDERWOOD STREET"
"S RIPTIDE PLACE" "S RIPTIDE AVENUE"
- "S COVEY AVENUE" "S COVEY PLACE"
The above .street name comments have been read and approved by the following agency
representatives. of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures
must be secured by the representative or his designee in order for the street names to be
officially approved.
ADA COUNTY STREET NAME COMMITTEE, NC~Y RE ENTATIVES OR DESIGNEES
Ada County Engineer John Priester 1 Date 7~5~
Ada Planning Assoc. Terri Raynor ~-~ ~ Date
Meridian Fire District 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 O~ ~~!~=-~/~~~l~
Tmsues~sM_crrv.Fwu T'
"W CHRISTOPER STREET"
is I! I ie
19
CENTRAL
•• DISTRICT
'HEALTH
DEPARTMENT
REVIEW SHEET
Environmental Health Division
~ECE~~~~'r
Return to:
Rezone # APR 1 1 1994
Conditional Use # ~.,~~-.~ ~I: ~"z~:~~i~;~rt-~
Preliminary /Final Short Plat ~/~L.~n.1 ~-,~
^ Boise
^ Eagle
^ Garden city
G~Meridian
^ 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. Stormwater management system sha11 not degrade Date: / /
water quality. Plans shall be reviewed and Reviewed By:
approve y which ever agency is appropriate
a oun y or
CDHD 10/91 rcb, rcv. 11/93 jll
•
•
HUB OF TREASURE VALLEY
~.~ ., t' .;~ ; -, -
OFFICIALS ~ ^ .f ^ COUNGIL•r~uIEMBERS
A. Oood Mare to Live `~ ~ h'
WILLIAM G. BERG, JR., City Clerk
JANICEL.GASS,CityTr~asu
rer
GARY D
SMITH
P I U :,~RprIALD R. TOLSMA
~'>'AdA~(YERRINGTON
CITY ®F ~RII~IAN c~~,~,' f,~,
~/p- RO ERT D
CORRIE
g
,
.
.E. Cit En meer
STUART
BRUCE D
Water Works S
t ~~
.
T
W, MORROW
'~t..f j~~~
,
.
up
JOHN T. SHAWCROFT, Waste Water Supt. ~~
yy
33 EAST IDAHO SHRf4~STILES
KENNY W. BOWERS, Fire Chief
"
" Planner 8 Zoning Administrator
MERIDIAN
IDAHO 83642
w.L.
BILL
GORDON, Police Chiet
WAYNE G. CROOKSTON, JR., Attorney ,
~ ~~ ~ ~ ~ n~
~ V JIM JOHNSON
Phone (208) 888-0433 ~ FAX (208) 887.813 airman -Plannin
8 Zonin
g
g
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD U 4 APR 1994 ,
Mayor
NAMPA & MERIDIAN
IRRIGATION DISTRICT
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, may we have your answer by:
April 12
TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/x/94
REQUEST: Final Plat: Elk Run Subdivision No. 2
BY: The Development Group and Garv Lee/JUB Engineers
LOCATION OF PROPERTY OR PROJECT: Highway 69, south of Overland Road
JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT
MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT
CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION
TIM HEPPER, P/Z 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 & FINAL PLAT)
-WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT)
-MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
-WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL, PL q~,
-SEWER DEPARTMENT CITY FILES
-BUILDING DEPARTMENT OTHER:
-FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa &Meridian Irrigation District's
-POLICE DEPARTMENT Kennedy Lateral courses along the west boundary of this
CITYATTORNEY pro3ect. The right-of~aay of the Kennedy Lateral is 55 feet:
_CITYENGINEER 35 feet to the right and 20 feet to the left of center each
-CITY PLANNER way. Encroachments without a License Agreement
are not acceptable. Fences in Elk Run Subdivision No 1 were built without this District's
knowledge or approval. Encroachments must have Nampa &Meridian Irrigation District's approval
befo.re_ they happen. See Idaho Cod e 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION
The developer must contact John Ande .
r on or Bill Henson at 466-0663 or 345-2431 for approval
before any encroachment or change of right-of-way occurs. This District requires that a Land
Use Change/Site Development application be filed for review prior to final platting Contact
Donna Moore at 343- 1884 or 466-7861 for further information. All laterals and waste ways must
be protected. Municipal surface drainage must be retained on site. If any surface drainage
leaves the site, Nampa &Meridian Irrigation District must review drainage plans. It is recom-
mended that irrigation water be made available to all developments within this District.
~Bi l Y He~oreman
Nampa &Meridian Irrigation District
. • .
Meridian City Council
March 15, 1994
Page 7
well. So those things need to be hooked together also.
ITEM #4: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: SPORTSMAN
POI NTE #4:
Kingsford: The preliminary plat was done at the last meeting I believe, we will skip
over that and handle that with the ordinance agenda item #9.
ITEM #5: ORDINANCE #634 - SCOTTSDALE ESTATES SUBDIVISION:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING
THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
DESCRIBED AS A PORTION OF THE NE 1 /4 OF THE NW 1 /4 OF SECTION 13,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO:
AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would
like to have Ordinance #634 read in its entirety?
Totsma: I move we approve Ordinance #634 with suspension of the rules.
Yerrington: Second
Kingsford: Moved by Ron, second by Max to approve Ordinance #634 with
suspension of the rules, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Totsma -Yea
MOTION CARRIED: All yea
ITEM #6: ORDINANCE #635: ELK RUN SUBDIVISION NO. 2~
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED
IN A PORTION OF THE NE 1 /4 OF SECTION 24, T. 3N, R. 1 W, B.M., MERIDIAN, ADA
COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the
public that would like Ordinance #635 read in its entirety? Is there a motion on
Ordinance #635?
Yerrington: I move we approve #635 with suspension of the rules.
Totsma: Second
} • .
Meridian City Council
March 15, 1994
Page 8
Kingsford: Moved by Max, second by Ron to approve Ordinance #635 with
suspension of the rules, roll call vote. ~'
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Tolsma -Yea
MOTION CARRIED: All yea
ITEM #7: ORDINANCE #636 - TUTHILL SUBDIVISION NO. 2:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRIANGULAR SHAPED
PARCEL OF LAND LOCATED IN THE SE 1 /4 OF THE NW 1 /4 OF SECTION 2, T. 3N,
R. 1 W, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there
anyone from the public that would like Ordinance #636 read in its entirety? Is there
a motion?
Tolsma: Mayor, I move we approve Ordinance #636 with suspension of the rules.
Yerrington: Second
Kingsford: Moved by Ron, second by Max to approve Ordinance #636 with
suspension of the rules, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
ITEM #8: ORDINANCE #637 - NYBORG REZONE:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING
THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS
DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST
QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE,-MERIDIAN,
ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from
the public that would like Ordinance #637 read in its entirety? Entertain a motion.
Yerrington: I move that we approve #637 with suspension of the rules.
Morrow: Second
Kingsford: Moved by Max, second by Walt to approve Ordinance #637 with
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RESEARCH REQUEST FOR PUBLIt~CE~D
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Meridian, tD 83642
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RESEARCH REQUEST FOR PUBLIC
IWFORMATIOW
Page 1 of 1
Will Berg
From: darkscorpio@cableone.net
Sent: Monday, August 06, 2007 5:08 PM
To: Will Berg
Subject: Research Request
Attachments: Research Request.tif
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8/6/2007