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Elk Run Subdivision No. 2 FP • • 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 ~«~ • ~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 • • 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. ~~ ~~ ~~ 09/20/94/09:29:24 • 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: • • 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, 5/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 1 u 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. 5/24!95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 2 • • 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 5/24/95 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 5/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 4 • • 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 5!24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 5 • 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. 5/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 6 • • 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~ 5/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 7 • 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 • 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 5/24/95 ELK RUN SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 9 • 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 • ZF Z J m Z~ ~ m ~ OZ U ~ ~ a z a a ~ ~F r WZ .P 8 Z •' U ~~~ ';i VI w b4 -~~ fno! W ~ 4 M,K LCAS w S ~ ~ M9s dd Z . F ~'' e gl a Y1 oe° W m . Y 6 B ~ ~ NYC LC .O S sKa ~ ? ~ a I= L L 10'1 0311Y'1tINf1 = ~_~ r u• .MMIgM uvLC) t o°sN~r~ ~ oNO m a 6 •voY NVgY71 NllgC 2v 8f C LB'MK 9t•Y'f7• JO ftCM• M ,K Lf A t 1t'B '7 I'Y "Y f'1 - _ p N _ f1G7Kt ~ M'L•4 -~ - 7 _ - _ -C•7'•tl _ _ T1 "r t'Y '11 Cl . 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W ~a9R ~~8~6F~.s~l~~a~~5~~~~~~8g ~~S ~f 1 ~~d 6 ~ ~ ~.~ F ~sy$ ~8~i~ 4El ^~ 6~$b+~N R~YjE F i6 ~+ ~j'~ i~ _~ s ~~~ E is ~ ~~~f~~ 1 ~~ ~ t ~s F g E W ~~ ~ w ,'~~~ i o ~t`t~ € O S~ E ;~ ~ ~~ ~ 9s E~~ ~~~~ ~ , ~~ F ~ s ~ : V » S 8~~ _ • W O 0 U W p rc _ ~ ~^$ j ~ g a ty v L ~1 ~a ~_ ..... . ~~ t ~~~;~ ~s~ f ¢~r ~ i ........... i,~ ~~; ~ ~;~ ~ 's~ g ~~ E ~~ ~ i~` ~~ _~ ~ ~ ~ bz~a ~~~ k~#€~ K 8a b~ ~~ ~~ ~~ s~ a a~ i¢f ]~ ~~ < _~ ~!~ ~~R Z ! .. U ~~~ .~ ~ ~! ~ ~~~ ~ g ~6~ U ~~ .~ Ndrara~rK ~o at.r.r~ X661 9 - ddd ~~~~~~~~ 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 z ro sv w ov m E w I--~ rfl w b w n fD c 0 w m x O 0 m w n fD o+ G w R. w a 0 ro O G O. w n w rn w a n w ~c c~ a sv ~~ n r- ~ o o• ~ ~ ~ R w fA N Vl ~w w~ oa o ~ ~ A F+ O n o w m ~ w o m f~ rr ~ m~ ~ a w w fD Q' ao C ~ ~ K tD O K~ 0 K o w ~ r~ ob rn w m n a ~ w N W O rh C 3 o' w C ~ w w- 0 ~ ~- fA ~D r t,n w ~ o co c as ..~ x b n w b c~ 0 n 0 fD 0 rr w ft r w a tD to ~t w a w w rA w A x a n ~d "J' fD 0 Gd ~C z r~ d H C H H O w w n rD w w v' 0 ro w tD ~c~r ~ m co wb ~d n n o 0 ~ w w a n ~t n a m rr ~ xw~t w ~ I ~ I 1 N 1 N U1 r'd N'l7 p7 O O I'T b M b M o Ron n nw~tw~ rr o' rt C tD w ww w~ cr rD ~ ro tD w m -~ w tD rD a~ c~ ~ 0 O N w ~n 0 n to x r- fD w rl s n 0 0 a w n w 0 ~A e~ 0 w n a w b b n 0 e a. rt ro n O rD d a w n w 0 N 0 m o+ n G w n N r ~O n ~ ~ ~ ~ ~ ~ N r ~ ~ ~ ~ cis n ~mc~~tnTc~?~~ yZSmD~Dm -~~mzvmzr~ rrlr77~vrv0'i 7DO~~mm~m~m a r<2rp-n v a m ~ cm~~~-~i u~i ~m~0 ~ m2 - j m~~D~D ~c m ~ m W r ' /^~ Q w Q ~ Q ~ ~~ j VI cc w oa~c~ Z ~ ~~ "D ~ ~Z~ 2 L~? r~DZ~= ~ lA~ ~~D c ~ m t n ~ 7~ N m ,~A,QONj~ -~ mDO m0 < v ~ 70z 3mOc~nS~ m ~~o Z ~O m memo ~m m _ r j ~ ''^^ O W ~ Y/ N O ~ c m = ~ ~ ~ r N ~ r° ~ ~ ~ ~ 'O ~ v c n ~ m m r O N -~ r ~z av ~~ V r ~a ~~ TI ~ ~~ ~~ Z m ~~ p0 ~z 0 D O~ '11 ~ z~ c m z v c N Z m N r~ G7 Z Z N J ~1 ~ ~ --- ~~ ,~ ~ ~ , ~~ < ,,, • ~ . '~~~. .. ti. .. ~~ ` ~ s OAN10Mr! ~ • ~~ ~ ~ ' ~~ ~ .~ • ~ ~ ~ • ``~~ ~ ~` ~~ ~ 1" = 300' ~_,;`- ~ ;;\\ . ~,, ,, 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 ~, ~: cart or- ~~~+ -_ ~, e~l~l~-~ - w, in,~HO i' ~ ~~ ~4j ~ rnw~,m:. vnu~" ~"m City Clerk's Office 33 East Idaho Avenue Meridian, ID 83fi42 (~$) ~e-~33 fax (208 sst3-4218 RESEARCH REQUEST FOR PUBLIt~CE~D INFORMATION AUG 0 G 200 ~~s ~-~ ~. oZ~~ ~U~i - 7~~ ~ uate: i of Meridian ~^ ~_6 -~~ City Clerk Office Time: '~ , C.3Z~ o ~.. ~~ 0~ Qv ~n .~ ., ~ ~.~ ~ G.w. 'Vv~n t ~~-~ ', .,~ ~ er c ~, ~ ~~ ; ~ ~~ ~t ~; `,~L Cvw,w-v;~ a.re~ l~~Wz~v ~' /C> ~, I ~ ~ ~. U-fPyl C.IJ.~ ~ Sc~~t~ c~ c1 rpknQ ow~2/". ~ ~G„~~ ~~(~J Requestor's Signature: ~~t~l-~';~1 ~~~ti~i.~c~;~ •~~~~. --~ ~°Gc~~~~~ a~C~~•firz, fh,:-~~~°~f - ~r'~r~~~c<. ' ~ ~~ 1 (~ ~ , . -tom ~ C ,~~ ~~~~~- ~ ~'7 Comments: i ~, C:17Y OF ~~~ - _ e~i~l~-n i inns-ro `i \~ ~~~ ~~ '~ Tnssnuune Yt~~y l City Clerk's Office 33 East Idaho Avenue Meridian, tD 83642 (208) 888-4433 fax (208) 888-4218 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 Msg sent via Cab1eONE.net MyMail - http://www.cableone.net 8/6/2007