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Englewood Creek Estates FPHUB 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. GROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDiA1V, IDAI Iu £s3ti42 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEk13ERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN 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: 9, l~9y TRANSMITTAL DATE: REQUEST: ~..tiv~,ti. BY: i-~~ - 9~ HEARING DATE • 2` ~ ~ ~" 9 y ~_ '," _ ~ LOCATION OF PROPERTY OR PROJECT:_ ~~1 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 MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER• YOUR CONCISE REMARKS: • .ryl::~JJ__,Tr'Gft ~,~.jL~~il~s i_~iU:i nr'P::C;'vA: ._--- FREL! ~9IPdAfz'i r:.-i y"~. y~•i' i CIFi ~= i "lA! t''LA f hLATJJ''iT:1lU A1''l1.~ .:;'_Is''i1f'ii. ~;UPII'1~:~~~1U}'~ rh r'c~_~ue=;t Sbt' ~IY"211f(11!'i3I'•f ~~1~i*_ ~np•r:~`ra~ ~nu:~L tle lfl ±:te __rY ~:lEri~:s pussess~c.:n nc ljtc'S' C.r3dr: !t,rNe days iailawlnr, the r'ectuiar Tneetir,c~ o= The Fiar,nl:,ti ar~d ::c~r,lr,U CarnTnlssian. 1 'i'~e F1anr,sncl ar,d ~unlr,y ~:orarnissian •alll bear the request at L.. • i~ ii ~ • T 1 . •••~••• mr'r ii iili! Ci :i ,""i •_! ~ is iii ~.a ii ~i~ L1tC Y-e~~LiB~T_ Yldy. tn5~.~e. r`1SteI' a F~rapa~ai e•r,trrs ti, F' ~I'OGi=S- 1t may Le acted upar, a*_ S`_irJ~egLlE°f,t TflGnthll' tt1Ee?1nC~S ~if'C~VideCl t7",e neGeSS3T'y pracedur'es and dacurner,tatlon a•re r•er.ei ved reiore ~:tri~ir. !9. , Thursday Yuilaxing the Ylannir,q and GU'l,ir,g C~rnrnisslon c~Gt10n. GENERAL IP1FuRMATIuDi 1. Marne of Anne:•-.ation and ~ubdivls.ion. ~_ ~tJIoCFGV4"O L+PEEK ~SiA-TE S vtr3 D.ZV~' ~,.Zoc.r ti/v . I "~. General Lacatlan. ~©V'l f~'f ) S 3 ~ Tp3.~ i2 /~ /!i/51zGK t TE ,rrQSLG ~. uwr,erss of record,-.. FGU/~F~'/~,~L K~ P~+rEL •~ ~4'i~5ff~4,u ~ /'R`ITZ Addre-ss, , yip Telephone ~uloLr-w©do ~°~-~~ ~zju~-r~su~r ~. Applicant, _~~%/Ui(.) `, .TtrNNfD.U Address. f'O. ~~C. IP~iZn~i ~tr~5 p~~v ~ ~. Engineer, I~AvZ'/~ /~ /~DY~~Nc ~ F 1•rrn~©y'L~/VG F `~ ~i550C, f =.~. Add'ress~~ ~~x~ ~~~ ~~ p ~~7oG> T elephor,e ~31c`7 ,~ `~ d G. Marne and address to receive Cits Gillir,gs: NarneGr[E'N.ti•./O~~~V~v,N, ~,A'G~-TN~~~ Address/p~ ~oK ~sz~/3vr~,~=, Tele~phane 377-82~~ ~.~N A• V T 3 7p •7 ~F'ft£-L-I-I't~-i`3~rkY F~/LAT ~~HECiiLI'c~'f': ~?JC!cilvl~lar. Features 1. Acres / 7 ~ 7 ?. Number of later :~. Lats per acre 3 . ~ '~. LUcnS1t'}~ per' aCYB _ ~ 7 ~. _C!r,lnra ~~laSSi2iC3t1C!r,:~! ~~• Ii the proposed ~uc~division is outside the Meridian, City LirnlTs but within, the jurisciictior,al ile, wr,at is the e:•cisting zor,ing classi2lcatior, n,'~q %'. Uces *_he plat border a potential green belt Y~,S +~. Have recreatlor,al 2asernents been provided for ~~S y. Ar•e Ti-,ere proposed recreational amenities to the City ~'ES E:~cplain ~fi/'~itJt~'~G,~ 1GJ. Are there proposed dedications of common areas?_~~~ E:t p l a i n ~aP~. G,qN~~ jG~ ~litl(p For future parks? ~(~ E:tplain 11. What sciiooi t s) ser•vlce t!'ie area ~E~n~1~/U L~S~'J do you pT''opose any agreements for future school sites .it/c9 , Explain 12. Other proposed amenities to the City / Water supply Fire I)epartrnent Other E.t p 1 a i n L,a9 y' ~ 13 [. ci G/L S 7?3 ~j L~ i-~•• Type oz 8ulldinq tResidential, Commercial, Industrial ur combination ~ _~ ~~~~£`y-~-:~,q. ~ i~. 't'ype of Uwe111nq ~ s ~ 5ingie F arnily, Uuple:~ces, Multipie:•ces, o f r•, e r_ ~ N L; L E 1'= /~•~-iyr-c (., ~j/ 15. F'r•o posed Uevel opmerit features a. Minimum square f cotage of lot t s) , [ CPv(~ sr f~11~2f}-!~~ b. I9ir,lrnurn square footage of structur e(s) /y~Q Si- c. Are garages pro vides for, s quare footage ~ d. Are other cover ings provided for e. Landscaping hae been provided for ~ Describe /PE4u.~ec-'~n ,f~' Y Jl9<'~~~.y y'.t s .~c~.~ ~ v~ rv6l-st,~, ~ •> > • • z. Trees will be provided for /, Trees will tae maintained ~Y ff~Yy)~ ~~~t/~j g. Sprinkler sys*_erns are provided for ~Y~ OGC~NE~S h. Are there multiple units ~p _, Tvpe •r•ema•rks a.. Are there special set bac'r, r•equirc--menu irJO Estpiair, j. Has o*f street parking been provided for , E ;plain srv~ ~~ ~~,+ y~ Y 2FS ~,o~~iv c~ 5 k. Value range of property ~4~D~~Zf'U '"~ y' 1. Type of financa.ng Yor development ~A-~(J~ m. Protective cavenar,ts were subma.tted ~~5 , liaLeGu ,E'EI.:T,iIZ lt,. L)oes the proposal land locJ•: ott',er pr•oper•ty ifJO Uoes it create Er,claves_ ~UQ S'I'ATEMETITS OF COMPLIADICE: S • tr~eet °, curs,s, gutters ar,d sidewalks ar•e to be cor,strucLec to standards as required uy Ada County Higriway UisLr>.ct anti Meridian Gr•dinance. L)irnensioris will be detEr•rnir,ed by the City Er,gir,ee-r. All sidewalks will be five i5i Peet 1n width. ~.'. Proposed use is in conformance worth the City of Meridian Carnp-ret,ensive Pian. _~ . ~. °~ . t~ . Jiievelopment will connect to City serv>_czs. Uevelap~rner,t will cc~rnpl,~ watt, City Ctr•dir,ar,ces. Prelirnir,a•r•y Plat will include all appropriate easements. ~~treet r,arnes must r,c~'t cunfl.ict with City grid system. t .:i ,. ., 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 Chiet W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney February 23, 1994 HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor To: Public Agencies/City Staff From: Anna Doty RE: Final Plat: Englewood Creek COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning ~El~~~~ED Attached is a revised plat of the Final Plat for Englewood Creek. Please review and return any comments to the City as soon as possible. Thank you for your cooperation. Sincerely, Anna K. Doty Administrative Secretary • 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) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor February 23, 1994 To: Public Agencies/City Staff From: Anna Doty RE: Final Plat: Englewood Creek COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning Attached is a revised plat of the Final Plat for Englewood Creek. Please review and return any comments to the City as soon as possible. Thank you for your cooperation. Sincerely, Anna K. Doty Administrative Secretary • WILLIAM G. BERG, JR., Clty Clerk JANICE L. SMITH, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFi; Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 COUNCIL MEMBERS WALT W. MORROW, president RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY ROBERT D. CORRIE Mayor April 24, 1997 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 388-6532 fax 322-2032 Re: Street Lights for Englewood Creek Estates Subdivision #1 P & Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING Street Lights have been installed by the developer in Englewood Creek Estates Subdivision #1. These are 100 and 250 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The six (6) street lights are located at: Lot 12 Block 4. W. Niemann Drive -100 W Lot 1 Block 6 W. Niemann Drive - 100 W Lot 7 Block 1 N. Valam Avenue - 100 W Lot 4 Block 1 N. Valam Avenue - 100 W Lot 2 Block 1 N. Valam Avenue - 250 W Lot 23 Block 4 W. Niemann Drive - 250 W See attached map. for additional information. Please use this letter as your authority to activate these street lights. Sincerely William G. Berg, Jr. City Clerk a wILLAM a eEac~, JR.. ca,- gstic JANICE L. LASS. Cay Tnsantrer GLARY D. SMfM, P.E. qty ErghNer BRUCE 0. STUART; Water Woks Supt, JOHN T. SHANfCROFT. Wass Watst Supt. DENNIS J. SUMMERS, Path Supt. SHARI L STILES. P 8 2 Adn~kYatrabr PATTYA. W'OLFICIEL, DMV SupetYlspr KENNETH W. 80WERS, Lan Cl~lel w.L. •elu.• GoRDON, Peace prat WAYNE a CROOKSTL)N, JR.. Amort~sy MEMORANDUM: To: From: , Re: tttia of r~asu~ vatJ~y ~ . A Good Place to Live CITY OF 1VIERIDZ~N • 33 EAST IDAHO MERIDIAN, IDAHO 83642 PLooe (~ 888-4433 • FAX (208) 887-4813 ww;c w«i~a„u~ D c~ 887-u11 Mooor ~ I3oea:e (208) 888-4443 ROBEitT D. CORR~ MaY~ Will Berg, City Cleric • Bruce Freckleton, Assistant to City Engineer Harold Hudson, Electrical Inspector STREET LIGHT ELECTRICAL INSPECTION n I have inspected and a proved the electrical wi lights in ~~.,r..~/ ~t ~ ~~ proceed with the ~tivatioa Harold Hodson, Electncal Inspector WALT W. MORRp1Al. Btestdent RONALp R TOL$MA CFIARLE8 M. ROIMfi'REE GLENN R. BENiL,EY P s 2 tY]~tlutSatntu JIM JOtp4SpN. pfdrnan T1M HEPPER . JIM SHEARER QREQ OSLLMO MALCOLM MACCOY Date: -~3-~ ~~;~~~~D APR 2 4 1397 CITY OF ~IrRID~N associated components for _~, ~~ ~~ ~ ~ .Idaho Power Co. can now C:1WP W R~1601GENEgAL„1ELECIIJSP.bII1k0 ~ Rt b. • A~ '~I ~` J... .. ... ,.1'~~ r '~ F~~ ~ ~ ~~, • USTICK ROAD 34 35 . -- ~ ~ ~ ~. N 89d06'49' YIL 2 3 2 2 BLOdC 4 ° 3 le zo ~ ~ a , ~ ~ ~ 3 ~, -~ ~,r ~~i~ ~ ~ ' 4 i ~ ~ 3~'y ~ ~Li ~ ~ - s ' 13 d ~ c s ~ ~ ~-~ ~ 4 oRC~ t ~. W u ~ ° ~iti H g lz .~ o ~ ~ ~ C~ ~ ~ ~ N-2 - A pi i w. a ~, 5 ~~' i ~. ___ ' ~ Open frOfTl SN-~ 4 0 C - 3 ~ z -3 " 0 ° W- ~~~+;~ ~.°a e A F„~c Ned,..,,,,-~ ~tu~. 1 ° . ~ loo Waet NPS S'I'REET U~NT' ~4) VA 3- ~ 2~ W ~i' NfiS STREET U6e+T (L) C NOTES: Prirrlary cable is 1/0 al 35 kv in 3' conduct A-phase ._.-.~. 8-phase ----- C-phase ~~, Secondary cable is 3sc40 in 2' conduit secondary -------° de KV. QS. % Type ~~/ Wiro - ~. Feeder Feld Looa{ion: ~ Meridian . .Dist. ortke: Western Lines Job Title: Englewood Croek Estates Sub. No.1 Job Deaa (J,G, to 39 Lots w° No °~' c9607093.0 v°'t°9a ~^~ 34.5 kv oP• 34.5 kv Fier-No. L0~_044 81' Oate State County Oist. No. Estimated geb 7-17-96 ~p Ada 33 Completed Section Townshi Ran a P 9 Meridian Pk,t Map 3 3N 1 W B.M. Fdr. Mop Plat Map No. (R-FiI.E~ Work Order No. Fllter+ed 553-17 Fund. Location NA R Permission Feeder Map (F-FlLE) Map w. order 0 0 a o~ v' 1.8507-49 ~ 45 217 048 i OF ~~ ~~ ~ cLr~C'TP.IL~~L F~ERt*iI-I' CITY OF MERIDIAN, BUILDING DEPA RTMENT 33 E. Idaho, Meridian, ~ ID 83642 887-2211 • Inspection Line 887-1155 15 5 ~_t a c1 : ..'i i ;= ). /'~ l ~' ~t ~1~lrJER%~7f='F°~_ICsifd-f'--.--.-___._.___._.._.__ er m z hJo : 10.10 __. EPJGLFbJCJC)D C~E:F.F•; r>El~~a G~~t~iFhlT ._..__...___._____~;~F~Uf/'ER'I'`r I_Ut~" r•._--------.__-_ -FiTIU.I ___.-- --._.--__--- _. I 1 ENGLEt,)pC]D !;REEK EST hiERIDIAI`d T.D ~~ h ><t 2ti~h?i+Z~K~k~-~~~?k~k'- ;~.~ I I L.at: S1ocFc: Long L e~aa? I r- . S~..tt,: -----~ ___ _ _.. _ -• r- €; E ELECTRIC ----- - --- ----DES I L~~ DEF.'-_..___ -•-•-•-- .-.___.._._-----.-----...______. _ ~' n. pox ~7~ I . !~Ai_DbJEL.L I D ra.;Ek~6 t ~ =~F:CJJEC'i- INFO-------_---_.__.._ J -'r j V~1 tae : 3E, Skald. 0!~+ F`r'.j Typ~r: STREETL_'lGHTS n I ----------_._____-- TE~m Ser,vi~_e: i f2es{d~~ ~i ~ ~ ~a~ T~~~?e: RES1'1?EhJTIAL n ~~ aervice: _ p~ ~c ~;r• P Gc~ I o-~~I: I i~1~;mbet, of Renm a : : _ ~,r~str Ty~ iE1a~r:r^i~~i Heat , l ! Ii ;~ Lane Jse: Jµr _~n . of Ciro:its: .. ! O~,h~e:, : STf?cE"t'L_IG{-iT:; I tl~'i-HLi_ATI Ctd t]r =+ 1 kj0 ;.1A i 1" ~'i?FETE I I~NTS:... L 1 c=-.ci-+4-!_.1- P`.~. L.T• ~L•11 . +L=t -P 1----.----.-- IrlSl-F}L.~A"~ICahf ~)F ~ c_S4:' WAT"T ~•,~r~~E~TL ~o~-rrs ' _ ... L::_ E+1, L~.'3 F4 'n:~~.~~.-c I- ~-~~s asS1=~Srirr~T_-._.----_..___ ---._.__..__..___-- _ _ _ - Ti7~i"f~i~ ELF'CT'F'.ICA!_ f=EE: ~i~nc•~_~.r t- ~'airi ~ _.__ ____ __ _-.- IMPORTANT INFORMATION IriSpeetlOII requests must be made 24 hours prior to the need for inspection. Persons making the requests must provide the following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection, 5) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday - Friday, between 8:00 AM and 5:00 PM, excluding holidays. Other Permits are Required for the installation of any electrical wiring, plumbing piping and mechanical installations related to gas fired equipment. Permit Revocation/Expiration. The Building Official reserves the right to revoke an of incorrect information. Permits expire in 180 days if: work is never commenced, or is discontinuedor a u nod exceedinn 180 da is or 6 months. pe ' g y Declaration -This permit is being issued subject to the ordinances and laws of the City of Meridian, and it is hereby agreed that the work to be performed will conform to the regulations pertaining and applicable thereto. ~. Owner or Authorized Agent Date DEED ~ FOR VALUE RECEIVED, ENGLEWOOD CREEK DEVELOPMENT CORPORATION, a corporation duly organized and existing under the laws of the State of Idaho, grantor, does hereby Grant, Bargain, Sell and Convey unto CITY OF MERIDIAN grantee whose current address to 33 E. Idaho Ave. Meridian, Idaho 83642 the following described real estate, to-wit: Lot 1 of Block 5, ENGLEWOOD CREEK ESTATES SDBDIVISION N0. 1, according to the official plat as recorded in the Book of Plats, records of Ada County, Idaho. 96106320 AAA (_;~:?. ~E~~URCpCR .:. DA~Y'Iti yif:l~iit R~ 90iSE ICJ Ooc~ ~~~~~ '96 OEC 30 Pal 12 8 FEE pip RECf?RUED Vii' TN~~ (ZEUUEST OF TO HAVE AND TO HOLD The said premises, with their appurtenances unto the said Grantee . AND ITS heirs and assigns forever IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its corporate name to be hereunto subscribed by its President and its corporate seal to be a8ixed by its Secretary this ENGLEFTOOD CREEK DEVELOPMENT CORPORATION By ~~~CC-~~ PRESIDENT. ATTEST SECRETARY. STATE OF IDAHO On this ~ ~ (? ~~ day o~ -PDecember , 19 96 before me, a Notary Public iti ~vi~~~~tate, person- ally appeared ~~ ~ , T H U~ ~~i~,, and Rewabhai R. PS~~O ~ -.,, ~ me to be the President a~ o c~ pora- tion that executed this i~ n ra ~ exe- cute the inatrume#~t :o~ y f s~j~-co~p tioR, and STATE OF IDAHO, COUNTY OF x I hereby certify that this instrument was 81ed for record at ~ the request of H k _ -__ _. .r..~ at minutes past ~¢'clock M., this day o! 9 , in my ofiice, and duly recorded in Book H ~ ~ ata ' g iIJ ~ > 5 4 ~ c € € e ~ ~ ~ "~ a ~~~ ~"M- ~~~ ~ ~ =~'3m t s kE" o - ~ea~~ ~? 3 ~~ ~ W s U b Y r "e ~ N 7 ~~ a ~ S~i~° 6 i Z ~p~ > ~' J e C ~ ~ ~ ~ ~A ~ ~tb ~~~Q ~-b tl ~ qS8-,,~ d ~..Z E ~ r ~ ~ a bt ~ o ~ ~ $ c ~~ Abp f~i -#c ~ ~~~a Z `;A U ; sp$ e g Y ~Y nB ~ $~~ ~ ~WG^e 03L3r,a»n F~ ~e ~ S gq c7g~1 rR~ r~.,~, ~ ~ rnY~ gg $ p gs } b ~~ : t .La~[rl .1_rz~r[gs 4 ~ F ~6 ~ g ~p E~ ~~Y E¢~E ~~~ ~ e~Y~ S ~~ ~ ~ r ~ m ,oovrl M .Kazoo s -' ~ Z ~ ~ ^ b~ E~ ~~p Q;S~ ~~~ M tlg~~ S rn 00901 o ~ i I ' o M ~ s, _ 0 1' ~ ~ib.o .~ N ~6 ~ .9s~19 °. r. ~a • $p~r ~ It Q~QJY' gypp{®®®t^ ~ ~M p~ ~ ~ _.19101 ~ i 'der j~ ~~ F ~a~ 611 ~~~~ ~AS~ i~4 '~ b~ `s'~~4 ~ ~ 2 G, 9oa9 rV \ d ~ E d ~ '~ ~Eb~ g`#~ ~ W #~~~ Y o Z G i °oE£ Q, gJc~ Q~Q( '- * °'~ ~~ ~ ~a{3~~ ~~ aab~c =~~~ ~s,~a ~$~ ay ~s~~~f J N U I r£ \ ~~ lei PD\e\/i.,^~ ~~ ~~ Y a3~ ~~ N ~ e4+y~a orb ~9l $~. 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';.',1';;I;ftU 8~y, :, t~ I I) ~t.7 t%t wob+ f liuKlcwuud (',erk Uovclupment ('orlbration, an Idalq ('orporalion ,GRAN"I'UR ~ does hereby u-n~~cy umu IinglrNUtxl ('reek I~uulau~~ners Associalitrl, GR11N'1'EE, the following ' ~C ~~I)~~ 2.7 illl' .~ ~~ t~ A prcC,rGolt er-senrent to m,d ttun1 the IingleN•cxrd ('rock Association And Ilre pu!-lic 1'ur Ikdcstrian iagress ar egress along the Nine Mile Urain, sail easement ~.~ f' ~~OO ' ' "'1I•~ _ ., 1-rlrrg dcst:rit-rd as follows IiI. ~ Ji.' ! I' ~~. i ~ I ~? . .4UC 5'f Of .. (Sf~f n'r'rnca u~u rxlfft3rr n~) IN WI'1'Nf :SS WI fl :ftf?(:)I',11>r liltnN'f'OIZ hereunto st,bscribcs their r:il;ualurc t,-c day lrnd ycer Gr/t I-cwrinel,c,vc written ~ I i+'re/idertt~-- ~ Secretary 11" )ss ~ ~~ ('txuNy orAda ) ~ Gw ~ c)u thl/ .tY~~ day t'r. ~~4~~~.I~•- t .~~~ 19_~~'bcfore me, the wN ~ . .. ~/fJ€~' r ~~~ a~ r tuy~ 1 la~bbe irr end ~Pr SaiJ Stat , rso tally ppc ~'. • ~` , l" .1. _..., ant! ~.._~_ krr„wh t-r idcrrlihcd to me to be the 1'riesident and Scuctary, res~ctivcly, of"the unpe-ration That exrctirtcd the Nithin IIISIIUIpCIII, wind acknowledged to me such corpration executed II-e same. i i IN N'1 fNl?.tiff WI I1:ltliO1~, 1 have hcrieunrt, set m)• hand and a(lixed my ollicial tweet the day aril year ri/t Mtx,vc wriucn •~-_ ~~_ r /NNI ' ! _~ /~h,lr , . ~ _ _ ... . Q _''rJr UI'ARl' 1'UULI(' I~UIt IU/111U v~ 9yP ~ a a ~' eliding at _ ~G~,~ ~ p ~ ~" '~? C (~umorission fxhirca. ~~ -__~6 M ~ ~ ~ ~ ; 4 OM 4~e Y~ Poat•1t` Dran d tax transmittal momo 7671 rorpp... nn 1~~ C~ ~roT\1~A.A ' I f~ rful L (t~-l ~.Q. ~~ "" 3'x, • ~3qa DEC 06 '96 13 47 PAGE.01 e • ~ ~ - RdylUl~c®& nssocl~s Pn. ~~r,~~rs • suive~ors • landplonners AOrOt;n-makr, SJIo U?. Bdw. Idur-v 837Ud Iclohl-oi-o 1700) 336 7JV0 roM (700) J30.73V1 Saptcmbcr 27, 199G 1'rojccl No. 1719 i Legal Uetrcription LrtKlywovd Crcrk liatatcs 5ubd}vision No. 1 I?Atrcntent fnr City of Meridian greenbelt A tract uC land bciug tay (1 U) feet wide, Sail U act being five (S) fcc! each aide U[ the folluwiug described centerline, ~UunteJ in Uavernnwnl t.ul 1 o[Seclion J, "1'owr-ship 3 North, Itertgc 1 Woat, Ilvisc Alcridian iAda 4ounty, Idalw, describe) as fvlluws: Lvnturcnc;ing at a fvund~slccl pin monunrenting the Northeast Co, ncr c,CeaiJ 5ectiou 3; 1hCnee along the noitl,erly line ~f snid Section 3, said nvrthcrly line also being the cer-terline of Ut-tick ltuad, North 89"-OG'-49~ West a distance of 1320.2G feet to a fount alumiuunt cap nu>nwncnting the Nvrlhwcsl C~,tncr of said Govcrnntent Lot 1; thcnc;c continuing nlvng snit t-ur Ihcf ly line South 89°-UG'-49'' East a distance of 349.OZ feet to a pvinl; thence leaving said r-arthcrly line South 33°-3G'-54f' last a distanco of 30.34 feet to a point, said point being the I'UIN'1' Ul' I11;tiINNINCi. '1'hcftco continuing Sough 33°-3G'-54" Last a distance of 489.97 feet to a point; 1'Iretrce $putlr 32°-30'-10" Last a distance of 182.G0 feet to the 1'UIN"l' Ulr'I'I'.ILMLNUS. I'Itlsl'Altlrl) IIY: b-~JIex111714Uc6s1.G09 ItOYLANCG ANU ASSOCIA'I'I:S.1'.A. 4G19 L'Mt'sRALU, SUI"1'L Uz 130I51i,1UA110 6370G ZU8-33G-7390 I~AX 208-33G-7391 /~-+ DEC 06 '96 134? PAGE.02 ~60J7i'l7 CONVEYANCE OF EASEMENT Englewood Creek Development Corporation, an Idaho Corporation ,GRANTOR , do convey unto Englewood Creek Homeowners Association, GRANTEE, the following: A greenbelt easement to and from the Englewood Creek Association and the public. For pedestrian ingress and egress along the Nine Mile Drain, said easement being described as follows: (SEE ATTACHED "EXHIBIT A") DATED: ~f~' 1:~ ~~w~ es hereby , { (~ } -,:., rE ,. .: ,:'uEST ~r IN WITNESS WHEREOF, the GRANTOR hereunto subscribes their signature the day and year first'hereinabove written. ' ~ G~1r ~n.--~- \ [ ~ C tik Secretary STATE OF IDAHO ) )ss County of Ada ) On this ,~~d day of (~ ~ 19~before me, the undersigned, Not Public in and for said State, rso ally ppeared ' K ~ and ~ . ~ , C D ~_, known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me such corpration executed the same IN WITNESS WHEREOF, I have hereunto set my hand and atiixed my official seal the day and year fist above written. 1 ~a .~ Q ti~~i OTARY PUBLIC FOR IDAHO V 8~p'•. ibr J r •••• Residing at ~ L N ~ , r~ ~ ~ Commission Expires: 3 _ ~ -_ ~ $ ~o ~ ~ 4 ~~~ ~ b~~ `~ ~ RE~E~vE N O V 2 6 1996 'iTY OF ~~IERIDIAr~ ,~ ` Ro lance & Associate~P.A. Y 4619 Emerald, Suite D-2, Boise. Idaho 83706 September 27, 1996 Project No. 1719 Legal Description Englewood Creek Estates Subdivision No. 1 Easement for City of Meridian Greenbelt Engineers • Surveyors • Landplanners Telephone (208) 336-7390 Fax (208) 336-7391 A tract of land being ten (10) feet wide, said tract being five (S) feet each side of the following~described centerline, situated in Government Lot 1 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as Iollows: Commencing at a found steel pin monumenting the Northeast Corner of said Section 3; thence along the northerly line of said Section 3, said northerly line also being the centerline of Ustick Road, North 89°-06'-49" West a distance of 1320.26 feet to a found aluminum cap monumenting the Northwest Corner of said Government Lot 1; thence continuing along said northerly line South 89°-06'-49" East a distance of 349.02 feet to a point; thence leaving said northerly line South 33°-36'-54" East a distance of 30,34 feet to a point, said point being the POINT OF BEGINNING. Thence continuing South 33°-36'-54" East a distance of 489.97 feet to a point; Thence South 32°-30'-10" East a distance of 182.60 feet to tiie POINT OF TERMINUS. PREPARED BY: ROYLANCE AND ASSOCIATES, P.A. 4619 EMERALD, SUITE D2 BOISE, IDAHO 83706 208-336-7390 FAX 208-336-7391 z:\word test\ 171911ega1.60 9 oso7so9s r ~~ ~~~ DEVELOPMENT AGREEMENT 3 G; S ~ I ~~ ~~ ~. c ~ , 3 Pty ~ 52 THIS AGREEMENT, made and entered into this ~2d day o ~ - 1996, by and between the CITY OF MERIDIAN, a municipal corporation of the ~tate..ofZdaho.-#~art~ of the first part, hereinafter called the "CITY", and Englewood Creek D~befopment_~,_ ~y~ of the second part, hereinafter called the "DEVELOPER", whose address is 8589 Brookview~ Boise. Idaho 83709. 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 I o 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 R=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 8120/96 ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 1 • • 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, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City 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 1,500 square feet of floor space, exclusive of garages. 3. That the property zoned Imo- ,described in "Exhibit A", shall have lot sizes of at least eight thousand (8,000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the I~-4 zone and have no duplex 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, sewer, water, drainage, street and other similar signing and barricades, and other such 8/20/96 ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 2 • 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. 6. That DEVELOPER will, at his or their own expense, construct and install all improvements including, but not limited to, 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, television 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. 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 gaffer 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 8/20/96 ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 3 • • correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 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 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 com~truction, 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 *eceived 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 ('ertificates 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 8/20/96 ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 4 • • shall then decide whether said Certificate of Occupancy shall be issued or water service. to said property allowed, and its decision shall be fmal, except that the rights of the parries 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 irrigation 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 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 8!20/96 ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page S • • installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction oR such excess capacity and/or improvements .concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certtficates 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 mill be completed in a phased development; in any event, no Certificates of Occupant shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. 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 that such fencing is not necessary. 8/20/96 ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 6 • 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Englewood Creek Development Corp City of Meridian 8589 W. Brookview 33 East Idaho Boise. ID 83709 Meridian, ID 83642 Ray Patel, President 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. 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. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. 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. 8/20/96 ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 7 • DATED the date, month and year first appearing. DEVELOPER: Enelewo~ reek Develo ment orp By ~~ Rewabhi K. Patel, President By k~~~ u -~~c.~' C Karshan Patel, Secretary CITY OF MERIDIAN By ~ D. Corrie, Mayor ,,. ~ , .,, ~,~~ r~0 ~ ,~~ J ~~ William G. Berg, Jr., City erk ~~~~!!N! ! l 1 { f 11~~~```` 8/20/96 ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 8 • • STATE OF IDAHO ) County of Ada ss. On this :~ ( day of ~L~~CISG , 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared Rewabhi K Patel and Karshan Patel, known, or proved to me, to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~ARHAR'• ~ NOr ~ a :y:~ (SEAL) L.~ ~ •.•~L I C ~''~. A I DAB .~~ STATE OF IDAHO ) County of Ada ss. '•. ., ~ ' Notary Public for ho r: tr ~ Residing at: ' ~~.•' My Commission Expires: - _. On this ~f`day of A , 1996, before me, the undersigned, a Notary Public in and for said State, personally app ed ROBERT D. CORRIE 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. > ~p'C ~ R F G ~ ~' = • (SEAL) -~ ° ~ V ~ `\ ~ ~ Public for Idaho ding at: ~v~' ,'ate y Commission Expires: 8/20/96 ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 9 EXHIBIT "A'• OPMENT AGREE •Id'T TO THE DEVEL BY AND BETWEEN 'THE CITY OF MERIDIAN, IDAHO AND ENGLEWOOD CREEK DEVELOPMENT CORPORATION Legal llescription Englewood Creek Estates 30.50 Acre Tract A tract of land situated in Government Lot 1 of Section 3, Township 3 North, ltacigc 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northeast Corner of said Scclion 3, thence along the Northerly line of said Section 3, said 1ins~ s eeltnntSaid pin being the Ustick Road North 89°-06'-49" West a distance of 285.88 feet to P PO1NT OF BEGINNING• Thence leaving said northerly line South 00°-24'-24" West a distance of 153.00 feet to a set steel pin, Thence South 89°-06'-49" East a distance of 3127 97 feet to a set steel pin, Thence South 00°-24'-24" West a distance of Thence South 47°-56'-24" West a distance of 444.020 eet t oa point,eel pin, Thence South 33°-02'-13" East a distance of 808. Thence South 54°-47'-58" East a distance o ~6 00 feet to a pointton the easterly line of Thence South 89°-36'-36" East a distanc said Section 3, said line also being the ce°nte4rl124~o~Te~ ~ to ce of 59.17 feet to a point Thence along said easterly line South 00 2 on the southerly line of said Lot 1, Thence leaving said easterly line and along said southerly line North 89°-02'-00" West a distance of 1320.93 feet to the Southwest Corner of said Lot 1, Thence leaving said southerly line and along the westerly line Qf said Lot 1 North 00°-26'-04" East a distance of 1367.32 feet to a point on said northerly line of Section 3, Thence along said northerly line South 89°-06'-49" East a distance of 1034.38 feet to the POINT OF BEGINNING. Excepting existing road rights-of--way. The above described tract of land contains 30.50 acres, more or less, subject to all existing easements. l~repared By: ROyI,ANCE AND ASSOCIATES, P.A. 4619 Emerald, Suite D-2 Boise, ID 83706 (208) 336-7390 (208) 336-7391 Fax ~-0 ~~~~ x° d~ ~' aF 1~~,w ~~ 1t. lzo~~~~ G 1' •~ J' .. EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND Englewood Creek Development rpora 'on This subdivision is for 4~ single-family dwelling units with an overall density of ~( dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property; Nine Mile Creek is specifically excluded from the tiling requirement. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 3. Construct streets to and within the property. 4. Dedicate the necessary land from the centerlines of Ustick Road and Ten Mile Road (45') for public right-of--way. 5. Pay any development fee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Provide twenty-foot (20') wide, mounded landscaping strips along Ustick Road; provide for maintenance of said berms and landscaping by the Homeowners Association. 8. Provide pressurized irrigation to all lots within this subdivision along with evidence to the City of approvals from appropriate irrigation district/canal company and/or Bureau of Reclamation. 9. Provide permanent non-combustible fencing outside of the existing easements along the Nine Mile Drain prior to applying for building permits; permit no encroachment in this area. EXHIBIT "B" 8/20/96 ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 2 • • 10. Provide six-foot-high, permanent perimeter fencing along north, west and east boundaries of Englewood. Creek Subdivision and provide temporary construction fencing along the southern boundary prior to applying for building permits, . 11. Provide afourteen-foot (14') wide gravel access road over the sewer line located within the Nine Mile Drain easement in accordance with the requirements of the City Engineer. 12. Dedicate a well lot to the City of Meridian and landscape in conformance .with subdivision requirements; homeowners association to maintain landscaping. 13. Petition the City at such time as future phases of Englewood Creek are developed for amendment to this development agreement. EXHIBIT "B" ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT Pa e 2 0/96 g of 2 Meridian City Council August 20, 1996 Page 19 Morrow: Mr. Mayor, I would move that we grant the emergency declaration for Well No,. 9 rehab. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley that we declare the emergency and have the rehabilitation of Weli No. 9 proceed, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: DAVE ROYLANCE: UPDATE ON RECORDING OF ENGLEWOOD CREEK SUBDIVISION: Roylance: I will make this brief, Mr. Mayor and Council members for the record I am Dave Roylance, I am a civil engineer representing the applicant Ray Fatel. As you know Meridian City has given the developer a time specific to get this plat under construction this project and get the plat recorded. That date is September 3 of this year 1996. Here is the status, the project is currently under construction and has been for about 6 weeks. Construction is proceeding right now without delay. The sewer is in, the water is about 90% in and should be completed this week the water in the interior then they will construct the water on Ustick and they will go right to the storm drain and right to the road. So that is underway and has been for something like 6 weeks. All agency approvals have been secured and all agencies did require significant or reasonably signficant revisions to the plans. So it wasn't just a rubber stamp process. Therefore the time, the agency approvals that we now have and all of them are ACHD, DEQ, Central District Health Department, Nampa Meridian Irrigation District, Army Corps of Engineers, Bureau of Reclamation, Boise Project border control, Meridian Water Department, Meridian Public Works, Meridian City Engineer, and the Meridian City Clerk as far as bonding, letters of credit and so forth for street lights and landscaping and so forth. The final Mat as been signed by Gary Smith and was delivered down today to John Priester the Ada County Engineer. So it is at last out of your hair. Mr. Priester the County Engineer is the last stop on the tour, he is the County Engineer, the last guy. His review is typically pretty generic, he looks for misclosures of the boundary and there had better not be one now. He looks for lot closures, he looks for state code requirements that are very usually very fast. It typically takes him longer to get to the plat and review it than it does to review it. Then he goes into the field to see that the pins are there. Again his time frame for reviewing it and signing it as usual is out of our control. It is out of your shop and into his and it should be happening very soon. Are there any questions? Morrow: So I guess the question here in my mind David is are you indicating that can be Meridian City Council August 20, 1996 Page 20 done by September 3 or cannot be done by September 3? • Roylance: Well I can't really say when he is going to get to it Walt, actually I would guess that he probably wouldn't by September 3. They have had staff changes down there, they lost one engineer, it took them awhile to replace that guy. They are running about a month behind is my experience. I can call down and ask for a favor and he might grant and he might not. I think the important thing Walt, I know that was a date specific, I know you want to be done, finished with this project. The good news is it is out of your hair it is out this City. Every agency has done it this is just waiting for our time to come up in the key. My best guess is that it probably won't by September 3, Corrie: Any questions? Morrow: I have questions of staff, Gary and Shari some advice here? Do you think it is necessary for us to do a formal extension for Mr. Priesters work or are you comfortable leaving the September 3 date as the date. Smith: I guess Councilman Morrow, Mayor and Council that the project is under construction the plat is out of the City and it is in John Priester's office and it is when he gets it done is when Dave is going to get it to record it. I think his is the last signature on the sheet that needs to be obtained. I guess it is just a matter of when that alf happens that the plat will be recorded. I am not sure that it is, I guess technically it was to be recorded by September 3, but as Dave's suspicion is it probably won't be but I guess it would be done within a week thereof and so I don't know if that answers what you are asking but it will happen and it will happen as soon as the plat is signed by the County Engineer and Dave gets it for recording. Obviously the developer has a lot of money into the ground and he is not going to be able to do anything until the plat is recorded. Morrow: Thank you, Mr. Mayor I would like to ask the same question of Counselor. Crookston: I think it is appropriate to put a date as to when it as to be done by because if there isn't we may be back here in 6 months or a year. I think there needs to be a date on it and if it is not done by that time then it needs to be brought up to the Council again and if it is desire to go longer than the time period that you grant I think the applicant has the duty to bring it forward to the City. If there is no time period we are not abiding by our ordinance at all. Morrow: I guess what I would do then is I would move that we extend the time for the final plat recording of Englewood Creek Subdivision to October 15, 1996 which would be our second meeting in October. • • .. Meridian City Council August 20, 1996 Page 21 . Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we extend the date to October 15, 1996, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: WHITESTONE DEVELOPMENT AGREEMENT, LIFT STATION AGREEMENT, AND CC&R'S: Corrie: Mr. Crookston? Crookston: Thank you Mr. Mayor, f have been working on these for a substantial period of time. I have been dealing with the developer's attorney. We had it pretty well worked out, I got some comments back from Gary Smith that I think are very appropriate and I have requested those to be d7anged. !have faxed that over to Mr. Snider, !faxed it to him on Friday, his secretary told me that he was not in on Friday and would not be in until today. I didn't hear anything from him but if those changes are not a problem for them I don't see that there will be a problem in having those executed but I think that we need to have those changes. Corrie: Okay, discussion of Council? Morrow: I guess my only question would be to the Counselor, are the changes significant enough that we need to review them as a Council in our next meeting or is that something that are easy enough to do that we could approve them subject to your agreement? Crookston: That is what you did previously, the only significant change is the increase of the monthly fee that the developer and eventually the homeowners association has to pay for maintaining the gift station and that was up to $366 to $240, that is thF only significant change that I can recall. Shari did you have a comment? Smith: I think the cost went from $266 to $340 per month. The reason it did is because in talking to our waste water superintendent he is planning on making two trips to the lift stations when his swing station comes on duty October 1st. So we would be making two trips per day to each lift station, one in the morning and one in the late evening. I have talked with the applicant and told him that we will monitor those costs and they can be adjusted accordingly up or down. That is a provision of the agreement also that can happen. Crookston: I did have a discussion with the developer on yesterday afternoon and he told ., • CJ '~2a.~sr~ia ~i ~1~e~td.~ac~ ~Ivrtgatraoi ?~t¢~ziet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 2 July 19 9 6 ~ ~ ~ ~, OFFICE: Nampa 466-7861 `~ r.. ~~,,,. Boise 343-1884 SHOP: Nampa 466-0663 ,~ (p ; ~ ~ ~4~-s Boise 345-2431 Laura Burri Ringert Clark Chartered ~~.~.~, r.~.~ ~'"=~tl~i~~ P. O. Box 2773 Boise, 7D $37!11 RE: Pressure Urban Irrigation System Construction Contract for Englewood Creek Estates Subdivision Dear Laura: At the Board Meeting of 2 July 1996, the Board of Directors met and reviewed the above-referenced construction contract. As we had discussed previously and has been indicated to the developers of The Lake at Cherry Lane Subdivision and Firelight Estates Subdivision, it was the desire of the Irrigation District to have each of these pressure urban irrigation system construction contracts come before the Board of Directors for approval simultaneously. The purpose for the simultaneous review and approval would be to insure the District that the pressure urban irrigation systems were a reality and would be designed and built for all three subdivisions simultaneously, thereby assuring the integrity of the system for the future property owners in any one of the three subdivisions. In a continuing effort on the part of the Irrigation District and the Board of Directors, the Board voted unanimously to accept the construction contract for Englewood Creek Estates Subdivision contingent upon receipt of signed pressure urban irrigation system agreements for The Lake at Cherry Lane No. 3 and Firelight Estates Subdivisions and such agreements having complied with and obtained positive review by District's legal counsel, Laura Burri. Page 1 of 2 ~OG°'~l APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • 2 July 1996 Laura Burri Page 2 of 2 The intent of this action was to keep the process moving while extending accommodation to the developers of these three subdivisions and protecting the District's interests as well. I would appreciate it if you would convey this message to the developers of the three separate subdivisions and I will send a copy of this letter to the City of Meridian so that it will be aware of the status of the pressure urban irrigation contracts for the three separate subdivisions and more particularly Englewood Creek Estates Subdivision Sincerely, Daren R. Coon, Secretary/Treasurer DRC/dnm cc: File Each Director Water Superintendent City of Meridian - Sherry Stiles City of Meridian - Gary Smith, Engineer ' • ~, Meridian City Council June 4, 1996 Page 54 Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma that the decision and recommendation of the Planning and Zoning Commission be approved for the conditional use permit requested by the applicant, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: REQUEST FOR HOOK UP TO SEWER AND WATER BY DOUGLAS AND SUZANNE STANDLEY: Corrie: They are not here, ,Gary, they are not here do you have any comments? Smith: Mr. Mayor, I haven't heard from the applicant or from the people requesting to connect. I gave City Clerk Berg some information on the costs that were involved not only the assessments fees but there were also some fees for work that had been done when Meridian Road was. rebuilt. Morrow: I would move that since we have no input from the applicant in either direction that we table this until our June 18 meeting for a presentation by them or an acceptance of the conditions by them as the case may be. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to table this to the June 18th meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: REQUEST FOR EXTENSION TO RECORD ENGLEWOOD CREEK SUBDIVISION PLAT: Corrie: Is there. a representative from Englewood Creek Subdivision here, Mr. Roylance? Roylance: Mr. Mayor and City Council, my Warne is Dave Roylance and a civil engineer representing the applicant. If I could just read you this letter into the record, (inaudible) but I think it is quicker to get the information to you. And I can respond to any questions on this letter. This is addressed to Mayor Corrie, Councilman Morrow, Tolsma, Rountree and Bentley, Gary Smith, City Engineer, Bruce Stuart, Shari Stiles, Bruce Freckleton and Rick Clinton. This is regarding Englewood Creek Subdivision final plat construction. "Dear Meridian City Officials, our client Ray Patel, the owner/developer of the above referenced property authorized us to expedite the approval and final plat recording of this project. As you know project approval has been extended a couple of times and the City is very • Meridian City Council June 4, 1996 Page 55 anxious for this project to finalize and go to construction or to be terminated. The City has in fact given the owner until July 5, 1996 to have construction under way and we have been working diligently to meet our time frame. A portion of the project can be under construction by July 5, 1996. However certain elements of the project may not be approved for construction by July 5. If we were the only player in the process the engineering work could easily be completed by July 5, 1996. However all regulatory agencies including the City of Meridian have asked for updates and significant revisions to the plans. I have tactfully asked for priority treatment from .some of the agencies because of the July 5 deadline. Understandably all agencies including the City of Meridian are very busy with their own commitments, their own priorities and time tables. I believe that everything could be accomplished by July 5, 1996 if the previously approved plans conditions of approval and approvals from the various agencies would have remained valid and without significant change. However when all review agencies request significant updates to the plans and the updates require review and approval by the agencies it add an extra time element that we are unable to control. The only control that we have is to be certain the project is not delayed in our office. I know that the City of Meridian staff and other agencies resent continual phone calls begging for construction plan approval but I have reasonably refrained from doing so out of respect for their work bad and their commitments. Approval of the final plat at the Ada County Engineer's office is a 3 week process at best. We are unable to submit to this agency without having approval letters from the City of Meridian, ACHD, CDHC, DEQ, and other agencies. I am concerned that we will have 98% of the work completed and approved and a considerable expense to Mr. Patel and we will run out of time. So that in essence is why I am here to give you a project update and tell you where I am in the process and also communicate my concern that I don't think that we or anybody else can record it by July 5 given the fact that we have to have this reviewed by agencies and they have their own schedule and time frame and so forth. I thought if we could talk about that and get some discussion and some help. I can assure this Council that I have been given instruction by this client to get this thing going without delay. That is his mind set is to go forward and get it done and w+e are doing everything we can to get it done. Again, we are somewhat at the pace of the agencies. Bentley: What do you think the time extension is that you need Dave? Roylance: I will answer that in just a second, I hate to give a time certain because again a tot of these things are just out of my control. Let me answer that in just a minute. And then first tell you where I am. Just today at 5:00 I gotthe approval from Rick Clinton of the City of Meridian on the plans. I will say he has been very diligent and very good in responding in spite of his heavy work load. But nonetheless, I am not saying this at all being critical. The plans probably were in Meridian City a total of maybe 30 days something like that which given his workload is reasonable. The same thing happened at ACRD. But if I have a 90 day window to get it done but 30 days of it sits in Meridian, 30 • • Meridian City Council June 4, 1996 Page 56 days sits in ACRD which is again reasonable, given how busy everybody is there is not much time left for me to do the things. I think maybe in another 30 days beyond July 5, we might be of record. I think we are ready to go to apre-construction conference. I also have the ACHD approval letter, or I had a voice message that there was one minor revision that we would have updated approval from ACHD. I had to resubmit all the existing plans to al of the agencies and all of them asked for revisions to current standards. Some of those were significant work. Those two approvals are secured. DEQ previously approved the plans and they have told me verbally if I have a new approval letter from the City that should expedite the D~EQ approval. 1 think I can go to the City this week and schedule a preconstruction conference I don't know if, a lot of times the lending institutions that fund developers will not allow construction to begin without a final plat being recorded. I think we can go to construction quicker actually than we can have the final plat recorded. If his lending institution says we don't want you to start construction until the plat is recorded we could be two months behind the July 5 drop dead date simply because of the processes we have to go through. But again our mind set and my directions are pretty Gear get this done without delay. If you don't have the resources to do it I will go somewhere else and get it done. We convinced him we could do it as quick as the next guy. Corrie: Council, any comments? Rountree: Given the scenario you portrayed you are looking at potentially September? Roylance: I am guessing that, again, I know it is late I don't want to belabor this but some of the little funny issues that just built in some time we heard very recently in the last few days from the City of Meridian and again I am not saying this critically I see the reasons for it that we have to mail a letter out now to I think it is 11 or maybe 15 downstream water users of the irrigation water and give them a two week window of opportunity to respond to whether or not we can the the ditch. We did this before about a year and a half ago and all of the letters came back okay or if they don't respond by two weeks in the letter we assume it is okay. Nobody has yet said what is going to happen, if one of them comes back and says we don't want it you got to the the ditch well then there you go again somebody has to deal with that issue. And again me or you or nobody else can control that. In answerto your question though given the fact that I am still guessing !would say yes about 2 more months from where we are should get this thing going. Morrow: Mr. Mayor, I think 2 more months from where we are today is August 5th, I would be willing to extend the extension to August 6th. Roylance: Mr. Morrow, what I really meant was two months from July 5th. Corrie: September then. • • Meridian City Council June 4, 1996 Page 57 Roylance: The reason I came to you a day and a month early is because I can see I am . going to be in trouble a month from now. Morrow: Okay, our first meeting in September then is in fact the third so I don't have a problem with extending it until the 3rd. Roylance: Can I come back to you in August and talk to you and give you and update rather than have a date certain, some of these things are out of my, I have to think that maybe your concern is this thing has been sitting around too long time of city time and resources and wl•,y somebody is trying to sell it. Maybe I can .give you some comfort that we really are going forward if I come back on August 5th. Morrow: I think that what I am trying to convey to you Dave is yes it is tying up too much time, effort and yes it has been out there too long and from my perspective September 3rd is kind of it. So that is another 90 days, let's be done with the project and on down the road or be done with the project period. A large part of what you are describing to me is re-do of work because it was delayed for whatever reasons in the beginning. Very candidly I guess I am out of patience. Roylance: I understand it is tough on me too that it sat this long and then we have to get everything refreshed. But I understand your position and I appreciate the help that you have given me. Morrow: So for the benefit of the Council that is how I feel about the project. I would move that we grant an extension of the time to record Englewood Creek plat to September 3, 1996. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley that we grant the extension to September 3, 1996, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Roylance: Thank you very much for your help. ITEM #14: MARTY GOLDSMITH: NON-DEVELOPMENT AGREEMENT FOR LOS ALAMITOS NO. 2: Goldsmith: Mr. Mayor and Council members this is a release of anon-development agreement that we entered into several months back and we were hoping to proceed • • MERIDIAN CITY COUNCIL MEETING: JUNE 4.1996 APPLICANT: ITEM NUMBER; 13 REQUEST: REl.~UEST FOR EXTENSION TO RECORD ENGLEWOOD CREEK SUBDIVISION PLAT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: r CITY POLICE DEPT: CITY FIRE DEPT: ~~ , CITY BUILDING DEPT: ~ J,I~ r ~, 3 MERIDIAN SCHOOL DISTRICT: ~ ~ ~~ , MERIDIAN POST OFFICE: ~1 " 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: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ • Roylance & Associates P,A, • Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 May 23, 1996 Project No. 1719 Mayor Robert D. Corrie ~ Councilman Walt W. Morrow Councilman Ronald R. Tolsma Councilman Charles M Rountree Councilman Glenn R. Bentley City Engineer Gary D. Smith, P.E. Water Works Superintendent, Bruce D. Stuart Planning & Zoning Administrator, Shari L. Stiles Assistant to City Engineer, Bruce Freckleton Engineer Technician, Rick Clinton City of Meridian 33 East Idaho Meridian, Idaho 83642 Telephone (208) 336-7390 Fax (208) 336-7391 RE: ENGLEWOOD CREEK SUBDIVISION/FINAL PLAT/CONSTRUCTION Dear Meridian City Officials: Our client, Ray Patel, the owner/developer of the above referenced property authorized us to expedite the approval and final plat recording of this project. As you know project approval has been extended a couple of times and the city is very anxious for this project to finalize and go to construction or be terminated. The city has in fact given the owner until July 5, 1996 to have construction underway and we have been working diligently to meet that time frame. A portion of the project can be under construction by July 5, 1996, however, certain elements of the project may not be approved for construction by then. If we were the only player in the process, the engineering work could easily be completed by July 5, 1996. However, all regulatory agencies including the City of Meridian, have asked for updates and significant revisions to the plans. I have tactfully asked for priority treatment from some of the agencies because of the July 5th deadline. Understandably, all agencies including the City of Meridian, are very busy with their own commitments, priorities, and timetables. I believe everything could be accomplished by July 5, 1996 if the previously approved plans, conditions of approval, and approvals from the various agencies would have remained valid and without significant change. However, when all review agencies request significant updates to the plans and the updates require review and approval by the agencies, it adds an extra time element ~ ~ • that we are unable to control. The only control that we have is to be certain that the project is not delayed in our office. I know that the City of Meridian staff and other agencies resent continual phone calls begging for construction plan approval and I have reasonably refrained from doing so out of respect for their work load and other commitments. Approval of the final plat at the Ada County Engineer office is a three week process at best. We are unable to submit to this agency without having approval letters from the City of Meridian, ACHD, CDHD, DEQ and other agencies. I am concerned that I will have 98% of the work completed and approved at considerable expense to Mr. Patel and we will run out of time. I realize that Meridian City Council is very busy with meetings lasting until 3:00 A.M. Please allow me twenty minutes to present this issue before City Council at your meeting on June 4, 1996. Sincerely, ROYLANCE AND ASSOCIATES P.A. DAVID H. RO ANCE P.E., P.L.S. DHR/bm cc: Ray Patel ~,,;~ ~. `,~'" ~'' `%~ • • ~'kusyia & ~~~ridia~ ~I~rcgatiooc Duct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Steve Wellington Roylance & Associates P.A. 4619 Emerald,. Suite D-2 Boise, Idaho 83706 Re: Englewood Creek Estates/Pressure Irrigation Dear Steve: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Nampa & Meridian Irrigation District has received and reviewed the pressurized irrigation plans for Englewood Creek Estates No. 1 and the pumping station specifications for Englewood Creek Estates, Firelight Estates, and The Lake at Cherry Lane Subdivision. The plans appear to be adequate for Englewood Creek Estates but we have not seen the proposed irrigation system for the other two subdivisions that may be connected to the system; therefore, there are some reservations about the three and four inch main lines that are connecting the system. In order for the District to accept the three subdivisions as one system, we will need plans and calculations for the entire connecting system (Englewood Creek Estates, Firelight Estates, and The Lake at Cherry Lane Subdivision) when they are ready and a model of the system with the pressures that will be available. Nampa & Meridian Irrigation District will also need a contract for final acceptance. To obtain the contract, please contact Patricia Cooper at Nampa & Meridian Irrigation District at 343-1884. Once the above requests Feel free to contact me Sincerely, John P. Anderson District Water Superint~ have been complied with, we can proceed. if you have any further questions. ~t °~ ~ ~~ ~i.3iJ~ indent N; AY d $ 195 pc: Each Director Secretary of the Board Steve Mahaffy Bill Henson Pa icia Cooper of Meridian File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 4 May 1995 04/21/95 FRI 12:19 FAX 208 386 6669 C~ MK ENVIRONMENTAL • ~ 002 ENGLEWOOD CREEK DEVELOPMENT CORPORATION 2460 S. MAPLE GROVE RD. -BOISE, IDAHO 83709 (2081377-$283 / (F1 376-6222 ~~~~~~D City of Meridian City Council APR 2 1 1995 33 E. Idaho Meridian, Idaho 83642 CY'~'It' OF MERIDIAN April 20, 1995 Re: Englewood Creek Estates Subdivision Dwelling minimum square footage Dear Mayor Kingsford and Council Members; We respectfully request a Public Hearing for a reduction in dwelling minimum square footage from 1800 square feet to 1450 square feet. As previously indicated, the smaller lots around the perimeter of the development next to adjacent subdivisions having smaller homes would utilize the lesser square footage whereas the larger lots on the interior of the development would have the larger homes. The reasons for this request are as follows: 1. Mortgage interest rates have increased substantially since preliminary plat was submitted for approval, causing a substantial decrease in the market that would qualify for the mortgage loans. 2. Adjoining subdivisions have bel - Candlelight Subdivision - Parkwood Meadows - Saddle View - Firelight - Cherry Lane Meadows 'n approved for lesser square footage. 1500 Square Feet 1400 1400 1400 1250 3. The overa(I market has subsided to the point that larger square footage requirements could and would cause substantial financial burden on the developer from the lack of lot sales because of no demand for them. ' erely, . ~~~- Richard J.M. Jewell APR 21 '95 12:19 208 386 6669 PAGE.02 04/21/95 FRI 12:19 FAX 208 386 6669 MK ENVIRONMENTAL ~r~- ~~~~ ~~~ Gir,- ~~ ,r~~~r.~~~-n./ • ~~~-~b~ ~E~ ~/G L flu-~~p ~'r~ y~"3 ~u~~/~ ~~~a~s ~~ ~ ~7~ i~i~zv ~~ ~~. ~~~v,~ s . @Iool APR 21 '95 12=19 208 386 6669 PAGE.01 • • Meridian City Council November 15, 1994 Page 35 Kingsford: Any questions the Council might have? Thank you. Anyone else from the public that would like to offer testimony on this issue? At this time I will close the public hearing, Council members now you can have those findings. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to have findings of fact and conclusions of law prepared for the variance request by HartFord Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Item 16 was the one to be tabled, we accomplished that. ITEM #17: DISCUSSION CONCERNING THE DEVELOPMENT AGREEMENT FOR ENGLEWOOD CREEK SUBDIVISION: Kingsford: Shari, do you propose to lead that discussion on the Englewood Development Agreement. Stiles: I think they have a representative. Jewell: I am representing the developer, I don't know whether I want to lead this discussion or not. First of all did everybody get a copy of the letter explaining what the purpose is for our request to make some changes? Kingsford: Do you all have a copy of Wayne's comments on that? Morrow: We had 2 letters in our packet, apparently one is the original and the one with the comments on the left hand side those are Wayne's comments. Kingsford: When did you do those the letter is dated Apri121 st. When did you do those notes? Crookston: I think that I did those on the 10th. (Discussion Inaudible) Kingsford: Did you get those comments Mr. Jewell? Meridian City Council November 15, 1994 Page 36 Jewell: I got some comments. Kingsford: These made on (inaudible) these notes over here, these are Wayne's. Apparently I didn't even get a copy of these, or they are on my desk. Jewell: I will try to go through this real quickly, I don't want to spend a lot of time on anything that nobody has concern about. However, if Wayne has already commented on these, the particular letter that you just showed my then you can bring them up at that time, would that work out. First I guess my problem is I guess I don't totally understand what the purpose of the development agreement was for. Going through it I had a couple of major problems with it. The first problem being that the City wants us to include or state that we will put in all improvements no matter what the situation is for the development. And then you are asking to come back and to secure the property to ensure that we do all this work. And if we do not then you will do the work and then back charge us for it. And this includes all the way, fencing, landscaping, berms and everything else. My contention is that if let's say we sign the agreement and everything goes huncky dory and all of the sudden interest rates jump up 5 or 10% which they have done in the past there is no way I would go in and develop that subdivision and spend money today. Maybe down the road 2 or 3 years or whenever the time was right, but I wouldn't do it today and I would take the City to court almost instantly if they told me I had to go in there and develop. Basically that is what this agreement is asking, that is what I have to say, I object to it. And if you approve a development for a particular piece of property and for some reason or another let's say the market and interest are good and I just don't want to build it, I change my mind, how can the City make me go in and put in streets, curbs, gutters, sidewalks and lights and everything else if I don't elect to. It is my property and it is private property, even though the City has approved development based on certain requirements and those requirements are if 1 develop. Kingsford: And that is what the development agreement is saying, if you develop you have to meet those standards. If you develop and don't do that then we do and charge you. Jewell: Yes, but you won't give me a certificate of occupancy though or won't sign off on the subdivision or approve the inspections until that work is done anyway. I guess that is why I don't understand what the agreement is for it is redundant or it appears redundant to me. Because you have ordinances that are already in place to ensure that. Kingsford: Would you address that Counselor? Crookston: There are situations that the City may want to see it completed, Richard has commented on these items with me. There are certainly is some truth as to what he says the developer may not want to do it, he raised the question there requirements in there, ~ i Meridian City Council November 15, 1994 Page 37 there are 2 kinds of requirements that pertain one when we are dealing with health, safety and welfare matters that need to be done and then his comment to me was there are other things that do not fall into those categories that do not need to be done. His comment to me was well the roads fall into an area where that isn't a health, safety issue. Well that be if you have to have access to a certain area with emergency vehicles and that is the only way you can get there. Jewell: If the property is developed, in other words if you sell lots than yes. But if you don't sell lots, there are no houses then there is no purpose. Crookston: 1 don't' know how this ties in with any other subdivision but it could be that it may be the quickest access through your subdivision to another subdivision to another house. Jewell: If you want me to comment on that? Crookston: Certainly. Jewell: Okay, if I have a bare piece of property there though that has not been before the City to be approved or anything you can go across the field that would be the shortest distance also. We are talking about this agreement has got to be talking about properties that are up for sale to private individuals. Up to that point I should be able to do just about anything 1 want with that property as long as I don't infringe on other people or other properties rights. Now, even though you have approved the development I should have a reasonable amount of time to develop the property. Let's say it is one year, like the preliminary plat, I have one year to come before the City again with a final plat. If I don't' I have to resubmit. Well, to me if I don't develop it in that one year then okay no matter what I do I am going to have to conform to the City codes at the date that I develop it. Ten years I am going to have to abide by the city requirements and codes 10 years from now not what they are today. And for an emergency vehicle to get across country to a particular place may be the quickest if that development was developed. However, if it wasn't' developed yet, what you do drive across the field, fine drive across it but if not if you want to use public streets and I am saying if I have not developed and you don't want to go across the field then you better go around to the nearest street the way it was before I submitted it to the City. . Crookston: The roads may not, but sewer and water (inaudible). Jewell: (Inaudible) I agree 100% with you on sewer and water and if you don't mind I will elaborate on it so the rest of the Mayor and the Councilmen understand where I am coming from. I understand your issue with that respect. For example, let's say Englewood Meridian City Council November 15, 1994 Page 38 • this particular development, there are a couple of issues, we have sewer and .water and we have irrigation, all 3 of those in this particular case that you have gone through and approved the preliminary plat and I think did approve the final plat and if we do not construct the water or the irrigation and I think the sewer I'm not sure, and one of these other development or properties adjacent to it comes before the City for approval you are approving that based on the fact that you approved Englewood to be developed or constructed and that there is going to be a 12 inch water main down Ustick Road that is going to be connected because you have already approved that and we said that we are going to build it. Now if the property adjacent to it cannot construct because that 12 inch water line is there or they wont' have water unless I construct that 12 inch water line in Ustick I can understand that and be responsible for it because you approved another development based on the fact that we said we were going to put in a 12 inch line from this distance to this. However, and also in this agreement it talks about late comer's and I am still going to get stuck with the cost when they go in and develop it one way or another. I just believe that everything is covered pretty much as it is and you are asking me to commit the way I understood this anyway and I didn't see any statement in there that said before you can sell property lots what I read is that basically once it is approved then you have the right to go in and force me to develop it then whether I want to or not. Kingsford: Again, I think if is a development agreement, if you develop it you have to abide by that. If you do nothing you can go out and plow and farm and do whatever you want. Jewell: What do you mean if I develop, if I construct everything? Kingsford: If you proceed with the plat as we have approved conditioned upon a development agreement, if you proceed with that then you are going to have to do those things. If you leave it as is as you have suggested then all bets are off, you are not developing you don't have to abide by that. Jewell:. Even though I have an approved plat and everything else? Kingsford: Correct. Jewell: Now, the thing is though, is that what this says, does it say that prior to selling lots or the equivalent that is where this agreement takes place, because there is a lot of controversy. Crookston: Is does not specifically say that no. Jewell: I would be in agreement with it if that was the case, I have no problems with that. Because as far as I am concerned City ordinances already state that and to me this would • Meridian City Council November 15, 1994 Page 39 be redundant and I don't care if you have 10 redundances 1 don't have a problem with that. What I have a problem with is signing a document stating that you are going to take the property as security and then if I do not develop it or do all the things that have been approved then you can force me to do it. Crookston: I think Richard Kingsford: Well, our intent certainly is that if you develop you have to abide by the development agreement. Crookston: I think a little bit of the problem as I see it is, my comment somewhat addresses Richard's comments about starting development and then the economy goes belly up and it is just not economical for him to go forward. I think it is of concern to the City that the improvements are completed because what you are saying may happen and the City may end up with water and sewer lines that are not developed and they may need to be developed. Jewell: I can understand that. Crookston: So, 1 think, I don't mind the characterization that the development agreement only applies if he develops but I think we have to have a line of demarcation to say if he does in fact start he has to do this. Jewell: Only for the components that would be hazardous or for the health and welfare of the people or the city or however you want to look at. But go in and wont' about the landscaping and all of that I can't buy that and I don't understand why you would want to even mess with it. Now, the sewer and other services I can understand in some situations however if the individual goes belly up and someone else get's the property whether it be the previous owner or the bank, so you still have an owner you still have a certain amount of investment into it. Somebody is going to come in there and complete it and develop it. I understand your concern but 1 think some of the wording might be a little different to accomplish that. Morrow: If I could address that, I think from my standpoint what I would like to see in terms of our City is that in that scenario that you are speaking about could very easily happen within the next 12 to 18 months given what is going on now. But what I don't want to see, I don't want to be driving around and see a bunch of half done subdivisions with weeds growing out here and weeds growing out there and so on and. so forth. I am not in favor of taking out the landscaping requirements and so on and so forth. Let's assume for example that a lender gets it back, gets it back in a timely manner. I would want our city to be able to notify that lender or whoever takes it over that these landscaped areas are • • Meridian City Council November 15, 1994 Page 40 to be here, you are to maintain those so the thing is maintained in a nice presentable manner and looks attractive to our City as opposed to falling down, broken up and so on and so forth. I think what the intent of the development agreement is to ire-cap those things in short order so that we can look at and say yes these things are conditions that we approved it under, these are the working agreements and so that whoever buys it or whoever ends up with it back should it go back to somebody knows going in to it that they are going to be held to those same standards. I understand your point with respect to the health and welfare and safety issues, but I think also our responsibility as a City Council is to provide our citizens with an attractive pleasant place to live. In my opinion looking at berms that are not landscaped or not finished do not provide that attractiveness. So that would be my understanding of the intent of what is going on here. Kingsford: Richard, if I may, I can see this not being a forum that we would ever get to where you want to get with it. If I could suggest maybe Walt, and Max and Wayne and yourself re-visit this and involve Shari and if there is some give and take on that acceptable to the City and yourself let's see what kind of an agreement you can come up with. Jewell: Like 1 stated in the first paragraph of this letter here for the explanation is I don't see this, or my concerns as a concern for just Englewood. I see it as a concern with the base document for any and all developments. So, I guess half of what I am presenting tonight is basically from an individual standpoint and not necessarily from the subdivision itself. Kingsford: And I will readily admit this is virgin territory somewhat for us and we may not be the last word on what is going on there. And we are certainly willing to take a look at those. 1 don't think it is something we are necessarily willing to give up at this point by any means. Jewell: To re-cap it or to finalize it, basically, if I understand it correctly the intent of this development agreement is to provide a means for the City to have some kind of authority to go in and complete any necessary or determined utilities or site features are necessary for the benefit of the City whether it be services or aesthetically once the development has started but prior to that it has no force is that correct? Kngsford: I think generally again for the possibility we have discussed with regard to the possibility of sewer and water which our ordinance requires that runs to and through. Jewell: Is that acceptable, I didn't hear anybody say it? (Discussion Inaudible) Meridian City Council November 15, 1994 Page 41 • Kingsford: I don't think it is the Council's intention. If we approved this development agreement and the plat is all approved and so on and Micron opts to locate somewhere else and we have already seen the numbers of jobs that are lost in other industries and we have an inventory of houses already in Meridian that if you decide you don't want to develop, it is certainly my view point that is a development agreement if you don't' develop then it is not in force. That is how I viewed it. Morrow: But the other side of the coin is the development agreement runs with the land and if he opts not to develop in my mind and he sells it to Frank and congratulations his new bride and they opt to develop it then (inaudible). Kingsford: Or they come back again with a whole new proposal. Corrie: Which they should do anyway. Kingsford: Well, if there is still a time frame there, there is work already been done Frank and his new bride can certainly cash in on that. (Inaudible) Corrie: Richard, 1 have a question, in your packet here you are requesting consideration of reduction of dwelling minimum square footage from 1800 square foot to 1450. For reasons I understand It is based upon what you feel can be sold and what have you. I am not too sure I am willing to go along with that personally. You may not get my vote for your sympathy. I will tell you right off the bat because that was approved under my approval that is what it was going to be at that time. If we go along and start coming back down because you don't feel you can sell it, that is something that maybe you ought not try to even develop the whole development. I have a little, quite a bit of a problem with that request just upfront with you just so you know where I am coming from. I think that, it says here it would require amendments to the findings of fact and ordinance as well, we approved that at the preliminary at that level and here you are coming back and making changes. Which you are perfectly capable and legally to do but from my standpoint I don't like it. Jewell: I don't blame you for not liking it to a point, however, what was it based on previously, what was the 1800 based on previously. It was an arbitrary number, is that correct. Corrie: That is what you told us, I didn't tell you. Jewell: That is right. Corrie: And anybody can come back and say that things are bad we are going to cut it Meridian City Council November 15, 1994 Page 42 back down. Jewell: I can even come back and ask for a whole new plat, is that correct? But I am not, I am coming bads because situations have changed from what it was at the time when we submitted it and I think as everybody will agree there have been many things that have happened on this particular piece of property that have taken longer than should have for various reasons. And due to the interest rates that they are now and probably will be and possibly even get worse by Spring we would like to develop the property, however we will probably have this situation if you don't' approve it we will have the situation where the property will sit dormant and nothing will be done for some time. It will force this situation. Now we have in addition to that we have several subdivisions surrounding this that are of the lower square footage at the time we were not aware of. And so, I guess, we don't really want to be the sore thumb sticking out there, all of the other properties will be lower priced and we are trying to sell a castle in the middle of a lower priced area. Corrie: So 400 square feet but make a castle out of a home. Jewell: Well, if you don't understand what I am getting at. Corrie: I understand what you are saying, I am just saying that I still don't like the idea. Jewell: You don't like the attitude? Corrie: The idea, the attitude I have no problem with that. I have some problems with why we are, if you are going backwards. Kingsford: I think what he is saying Mr. Jewell is and I have seen this happen before in a subdivision here in town that the Council approved back when I was on the Council, at that time I said I would far rather see it be vacant land because when it is vacant land something can be done with it later. It was approved too small to start out with and the economy turned down and someone else ended up with the subdivision and the Council allowed a 200 foot reduction in already very small houses, smaller than what you are talking about going to now. And the reality is that we built a slum and it will always be a slum. I just assume see bare ground. I am not suggesting that is true here but I think that is the point he is trying to make. Morrow: t think there is one other issue here and that is with respect to the public. We have all these public hearings and everything for the public to give us input and part of what goes on in that process is that those folks come and they listen to the presentations and they get set in the back of their mind that Englewood Creek is going to be an upscale subdivisions and it is going to have 1800 square foot homes and plus and all of these • Meridian City Council November 15, 1994 Page 43 other amenities. And then for us to change those because of economic conditions or whatever without the public having all the input into that process seems to me to be at the very least unfair. I think my thoughts here mirror both Mayor Kingsford and Councilman Corrie's. I am not inclined to change from what the original concept was approved under because it may very well be from my perspective that if the presentation was made for 1450 square feet R-8 homes I wouldn't have voted to approve it to begin with. And so what I am indicating to you here is that we bought a certain package, I want to see that same package delivered. Jewell: Isn't this the requirement for us to come back before the City Council if we do something like this and that it may go before a public hearing and that the public may provide their input on it? Kingsford: Well, 1 think that is the appropriate thing, I think that is what Mr. Morrow is suggesting. That it isn't appropriate that we just arbitrarily do it to make that change without a public hearing. Jewell: I agree completely. Kingsford: Is it then your desire then to go ahead and review those, the development agreement? Jewell: I think that we should pursue on that basis. Kingsford: Let's involve for sure Shari and Max, Walt and Wayne. Take another swipe at those we may be in error, I sort of doubt it, we might very well be. Jewell: Like I mentioned when I started, I was not quite clear of what the intent was for the agreement. Kingsford: And it may not be very clear, maybe we need to clean that up a bit. You make some good points. Jewell: Any other questions? Kingsford: I don't think so, but certainly we will be looking forward to (inaudible). ITEM #18: DEPARTMENT REPORTS: Kingsford: Shari? • Meridian City Council February 21, 1995 Page 24 Kingsford: Moved by Walt, second by Max to approve of the one year extension for Scottsdale Estates Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: For the record though Mr. Morrow sometimes we approve those without every having approved the plat. ITEM #14: DEVELOPMENT AGREEMENT AND CC&R'S FOR ENGLEWOOD SUBDIVISION: Kingsford: Counselor, have you reviewed that? Crookston: Yes 1 have and there were some changes that were going to be made, have those been made? (Inaudible) Crookston: Yes that is just with the CC&R's. (Inaudible) Crookston: I am sorry where exactly is the change? Kingsford: Entertain a motion then to approve the CC&R's. Morrow. Question Mr. Mayor, was this not the project that was before us some time ago and there was substantial question on the part of the developer with respect to the proposed development agreement that there was a committee that was supposed to meet with him to iron those out? Are we under suggestion then that iron out was done as per the original development agreement with Wayne or how was that in fact handled? Kingsford: Has staff dealt with that? Crookston: I have had several discussions I don't know that we had a specific meeting. Stiles: You have reviewed this development agreement? Crookston: Yes Stiles: The Exhibit B? Meridian City Council February 21, 1995 Page 25 Kingsford: How do these differ from what you objected to earlier just for Mr. Morrow's information? Jewell: (Inaudible) in regards to the changes that we were discussing at the previous meeting, the City has gone back and re-worded I think it is item #14. They changed 2 of the paragraphs. They have actually eliminated the first 2 paragraphs from the original document and then revised the last paragraph to include or that the City shall require surety bonds. So we were in agreement then to go along with once the City (inaudible). I had discussions with Ms. Stiles and Mr. Crookston. Come: Mr. Mayor, one other thing I was hearing 1 thought, something about the size of the homes, this is 1800 square feet in R-4 is that correct? Jewell: Based on your previous statement we have elected to side step that issue for the moment. Crookston: They originally prepared it with 1400 square feet and changed it to 1800, that was the representation that was made before City Council on the annexation and zoning. Morrow. In the presentation that was made to us in terms of there was some 2 1/2 pages of recommended changes. Is that in fact what was done with the development agreement? Crookston: Those are my comments, and I think that they are corrected. I have not reviewed this for 3 or 4 weeks. Kingsford: My recollection you major complaint was that in the event that you didn't proceed that the property could be taken by the City and developed. Your statement you know that we didn't want to be developers is certainly true and it is not something that logically could work in terms of financing and those sort of things. So I think that was the major hang up in the original development agreement. In this one we are just talking about a surety bond. Jewell: That is correct, so basically to summarize everything the subdivision development agreement that we have right now the way you have it before you or the way Mr. Crookston has it, is almost identical to the original agreement that was sent out as an example with the exception of #14 where the lien was removed and just requiring a surety bond. Kingsford: And the square footage issue? Jewell: Yes, that is back to the original. • • Meridian City Council February 21, 1995 Page 26 Kingsford: Any other questions or comments? Shari? Stiles: The only concern I have is that the Exhibit B that was submitted with the February 2nd, 1995 version is back to the original master draft copy of this. It doesn't address what was done in prior versions of it saying where the fencing would be provided. It just have school sites or fees in lieu thereof pedestrian bike paths. It just has the listing of the items that are presented in the master as items to address and they aren't really addressed on this exhibit B, I think that we could fix that. I didn't notice it until just now. Jewell: We never had anything different than what you see before you there. Stiles: This Exhibit B is not complete. Jewell: That is all you have had. Stiles: I have several different versions and all of the others show specifics. Jewell: For Englewood? May I see them? Stiles: For instance on this number 17 it just says greenbelt along canals and drainage, prior to that it said land set aside for parks is provided for along Nine Mile Drain. These are just, you see what I mean. Jewell: She is correct, I have the wrong sheet inserted here. I will get that one back to you as you had it right there. Did you have any problems with that one? Stiles: I would like to add a couple of minor things, like the 20 foot designated width of the plating strips that kind of thing. They should be on the plat already. It would still be the same basic items that they presented before. Kingsford: The motion would then need to be for the original Exhibit B and authorize the Mayor and City Clerk to sign. Jewell: Which the City should have all we need to do is insert the right one. Corrie: But also Mr. Mayor there is yet a couple of comments in addition to that, do we incorporate those in? Kingsford: They were specifically what, a planting strip size and what was the other thing Shari do you have that? • Meridian City Council February 21, 1995 Page 27 Jewel: I elaborated on most of the items there. • Stiles: Yes, he did, he had elaborated most of the things like where the perimeter fencing would be, he has perimeter fencing is to be installed prior to building construction those kinds of things that we have discussed several times. Corrie: I will so move Mr. Mayor. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the development agreement and CC&R's for Englewood Subdivision conditioned upon the Exhibit B going back to the original one that we had in the past and that the 20 foot planting strip be called out specifically and authorizing the Mayor and City Clerk to sign the development agreement, all those in favor? Opposed? MOTION CARRIED: All Yea (Inaudible) Kingsford: We will record it as soon as it is signed. ITEM #15: BOB HAGEN: DISCUSSION ON PARKING SIGNS IN FRONT OF 24 HOUR PLUMBING AT 1334 E. 1ST ST.: Yerrington: Mr. Mayor I would like to step down on this issue if you don't mind. Kingsford: Well, it is probably about time you step down anyway. I am assuming you have a conflict of interest. Hagen: Thank you for meeting with me, we have some signs out there that say 2 hour parking in front of our place out there. To be honest with you guys according to the people that we have talked with those signs have been up there somewhere around July of last year. Dennis Butterfield who owns Meridian Plumbing and we are leasing this place from him he didn't really notice it either. We have been there for approximately 3 years and I usually have anywhere from 6 to 8 people who park their personal vehicles because woe have all of our trucks and everything out back. Up until about a month ago we just did as normal and then one day tickets appeared on my employees vehicles. And I went ahead and paid those and called the Police Department up and they said well they have had complaints or problems on this and they were writing these tickets. I basically at that point in time talked to Dennis and Dennis go a hold of Max and went out there and looked the t 4 . ,ti ~ Meridian City Council April 5, 1994 Page 15 Morrow: So, it is potentially something that can be accomplished without a tremendous expense to the existing property owners and with some sense of efficiency. Kingsford: Something our Comp Plan and so on that we would like to incorporate all of those gray areas. Merkle: Regarding coming back and retro fitting these areas I know fieldstone across the drain, it depends on which side you want to dot, Fieldstone and Sunnybrook have license agreements for the homeowners allowing them to fence to a certain point to the bank. The same with Parkwood Meadows No. 1 and 2, there is an encroachment agreement that is in place for that development to put fences on the bank. So, not only do you have to deal with Nampa Meridian and Bureau of Reclamation you have to deal with each of those individual lots that has encroachment agreements to do what they are doing right now. So, you might consider that. Stiles: Well, I think if the Bureau of Reclamation came in and that was a project they were supporting, I don't know at this point, but I'm just saying I want to leave that. Merkle: That is fine. Kingsford: Any other questions Council? Is there a motion? Morrow: Mr. Mayor, I would move that we approve the final plat for Tuthill Estates Subdivision No. 2 with the approval of Gary Smith and his requirements and also pending Shari and Gary working out with Nampa Meridian a suitable license agreement for preservation of that corridor. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the final plat for Tuthill Estates No. 2 conditioned upon Shari's and Gary's comments being met and for the record I would just comment Mr. Merkle it is now Tuthill Estates, you guys keep changing that on us, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINAL PLAT: ENGLEWOOD CREEK SUBDIVISION: Kingsford: Any questions? ., , ~~ ~ • Meridian City Council April 5, 1994 Page 16 Corrie: Mr. Mayor, the one we have now is what was originally presented is that correct? So, the Nine Mile Drain will not bridged across, is that correct? Jewell: No, let me take a look. Corrie: There is nothing across here, are you or are you not? Jewell: The plat that you have there is the original one that was submitted, an exact copy. What the agreement was, when we originally came before the City Council, was that the bridge and that portion of the road would be constructed in the second phase, but it will be placed during the second phase and will be a through road. Kingsford: Any other questions Council? Morrow: So what we have done here is eliminate all the change now in terms of no pedestrian thing, no bridge, so we are back where we started. Gary, you are satisfied with this? Smith: Truthly Mayor and Council, I have not had a chance to look at the plat. So, you don't have my review comments and that is the reason you don't. It got lost in the shuffle, so I am going to have to review it yet. If my initial review comments are met on the size of the lots and the location and the continuation of the street. The well lot is accurately shown as we discussed in the past. I think those were my main concerns. Kingsford: What is your comfort level Gary, wit this? Smith: I haven't had a problem working with Mr. Jewell in the past. Kingsford: You are comfortable with a conditional approval? Smith: I don't see a problem with it, basically that is what they would be is details. Kingsford: This does go back and comply with the preliminary plat that was considered and approved. Any other questions Council. Is there a motion? Yerrington: I make the motion that we approve the final plat for Englewood Creek subdivision subject to the conditions of Gary Smith, Engineer. Toisma: Second x ~'r • Meridian City Council April 5, 1994 Page 17 Kingsford: Moved by Max, second by Ron to approve the final plat for Englewood Creek Subdivision subject to the Engineers review and approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: FINAL PLAT: SUMMERFIELD SUBDIVISION NO. 2: Kingsford: Is the engineer present, any questions for Mr. Merkle on Summerfield? Corrie: Mr. Mayor, I would like to have Shari address a couple of points here if she would. In reference to a letter that was sent to Tom and Sue Davis there was a reference made there that currently there is a 61 phase of Summerfield under construction, but there would be no further development of Summerfield or anywhere else in this section until the school district has a site, where are we now Shari? Stiles: Is that the exact wording of my letter? Corrie: Yes Stiles: And just prior to that it says until the School district is satisfied they can acquire a suitable elementary school site. I believe they have indicated they are satisfied. Corrie: Where is that site that they are satisfied with? Stiles: In the main file, it is a single page I think. (End of Tape) Corrie: I guess one of my questions has the school approached Tom and Sue Davis to buy that property. I would assume they have not. Kingsford: I think the letter that was received by myself and the Council from the Davis's quite rightly disturbed the implication that they be forced to sell, I don't think that was the intent either of the City or the school district. The school districts position at this point as I understand is they don't have the funds to buy a site, they would like to have access to a site at a price that would be offered to a developer. I think it would be inappropriate as the school district indicated to tell this developer they can't develop we don't have any money, we are not going to buy the site now, but at some point in the future we would want one. In our working with the school district the effort has been made that when they are ready for a site we try to help them maintain one. They have indicated at this point they are not ready for one in i ~ Changed "... fifteen (15) days ..." to "... seven (7) days ...". Fifteen days is a considerable amount of time (half a month) and could cause significant delays in construction. 208 386 6669 PAGE.02 NORTHWEST LAND DEVELOPMENT CORPORATION 2460 S. Maple Grove Rd. Boise, Idaho 83709 (208) 377-8263 /FAX 376-6222 RECEIVED Meridian City Meridian City Council N ~ V - g 1994 Meridian, Idaho 83642 CITY OF MERIDIAN November 8,1994 Re: Development Agreement for Englewood Creek Estates Dear Mr. Mayor and Council Members; This letter is to provide you the purposes for our request to the changes in the Development Agreement submitted for Englewood Creek Estates. We do not believe that these changes are unique to this development, but should be considered as changes to the base guideline document used for all developments. The changes are as follows: Para. 1 Added name of subdivision and general location Para. 12 Item 5 Changed "..., before annexation, or de-annexation,..." to "...prior to construction,...". Para 11 states that the property has already been annexed or rezoned through the City Council in the Findings of Facts and Conclusions of Law, which would be the case prior to the signing of this agreement and would be subject to de-annexation if this agreement were not signed. Para. 12 ~~ Item 6 Added "...improvements including, but not limited to, .... Eliminated the last sentence and incorporated it into the previous sentence because telephone, electrical power, gas lines, and television are items that the developer must construct, install and pay for as part of construction. Para. 12 Item 8 NOU 09 '94 16 54 • Para. 12 ttem 9 Deleted "... various water and sewer lines, all utility lines, pressurized irrigation lines, service lines, curb and gutter, etc ..." in two places of item 9 because it is redundant and called out already in item 6. Para. 12 Item 10 This item should be clarified as to the actual intent as to whether the City Engineer is to personally inspect every constructed portion of all sewer tines, water tines, irrigation lines, gas lines, power tines, telephone lines, subgrade preparation, aggregate base placement, asphalt paving, curb, gutter, and sidewalk placement, street lights, fencing, landscaping, etc.., etc.. of each development and provide a written acceptance of each and every such completed improvement??? This would cause a considerable amount of time and expense to the City and would cause a considerable amount of delays to the developer when item 9 of this agreement already requires the Developers Registered Professional Engineer to inspect and certify that all facilities were constructed in accordance with the Plans that the City Approved!!! We suggest that this item be modified to state that the "Certified Corrected Plans" prepared by the Developers "Registered Professional Engineer" be submitted to the City Engineer at the completion of the development, or any portion thereof, and request his final inspection and written acceptance of the constructed development, or any portion thereof. Para. 12 Item 11 Changed "... a portion, or portions, or the entirety of said improvements ..." to "... a specific improvement, or improvements ..." and changed "... within a .reasonable time, ..." to "... within a reasonable time as provided for in item 8 of this agreement, ...". A means for the items and the time tables need to be provided for. Changed "... three (3) days ..." to "... seven (7) days ..." to allow adequate time for the developer to receive the not cation in writing and schedule his affairs to attend the meeting. Para. 12 Item 13 Changed "... any of the improvements required herein are not timely installed, ..." to "... any of the specific improvements as identified in item 11 of this agreement are not installed within the agreed time, ...". The improvements referred to in this item 13 should only refer to specific improvements that may need to be constructed in the interest of the health, welfare and/or safety of the inhabitants of the city. This may include sanitary sewer or potable water lines that continue service to nearby properties that the city has planned based on the approval of this NOV 09 '94 16 55 208 386 6669 PAGE.03 • development. Any other improvements such as paving, curbs, gutters, sidewalks, lighting, landscaping and the tike that are not required for the health, welfare and/or safety of the inhabitants of the city should not be included in this item 13. Forcing the developer to construct any of these other improvements may be illegal and unconstitutional and at least unethical. Para. 12 Item 14 Changed "... installation of all improvements including, but not limited to, sewer, water, irrigation, and drainage piping, pressurized irrigation system, N /1 landscaping, berming, and fencing. ... to ... installation of specific improvements as may need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the City....". See comments to item 13. Changed N... installation of the improvements, and ..." to "... installation of the specific improvements as may need to be completed in the interest of the heaRh, welfare and/or safety of the inhabitants of the City, and ...". See comments to item 13. We appreciate your time and interest in reviewing these concerns. If you have any questions regarding this matter please. call my self at 386-5505 or Glenn Johnson at 866-0745. Richard J.H. Jewell Development Partner Northwest Land Development Corp. NOV 09 '94 16 56 208 386 6669 PAGE.04 ~r ~ • FEB - ? i~95 CITY ~F ME~rDIAI~ SUBDIVISION DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into tlus day of , 1994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of this first part, hereinafter called the "CITY", and F_N[_;T -FyVOOD CREEK DEVELOPMENT CORPORATION ,party of the second part, hereinafter called the "DEVELOPER", whose address is 8589 W. Brookview, Boise. Idaho 83709, for the development of ENGLEWOOD CREEK ESTATES Subdivision, located in Section 3 , T. 3 N , R. 1 W , B.M., Ada County, Idaho. 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 R-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 it's best interest to be able to enter into this agreement and aclmowledges that this agreement was entered into voluntarily and at it's 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, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City 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 1800 square feet of floor space, exclusive of garages. F.CF./Meridian Dev. Agreement 1 February 2, 1995 • 3. That the property zoned R-4 ,described in "Exhibit A", shall have lot sizes of at least Eieht Thousand (8.000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-4 zone and have no duplex 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, prior to construction, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, 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 hereto, shall also show the proposed location of pressurized imgation 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. 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 surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans and 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 with 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 seven (7) 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 imgation 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 and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon completing construction of said improvements, 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 fording 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 ECFJMeridian Dev. Agreement 2 February 2, 1995 • • completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the 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 for 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 the Certificates of Occupance 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 9) per annum, until paid. 14. The CITY shall 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 those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansions and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER'S purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY'S agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CTTY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancv will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into a addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates o~Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted the CITY. ECF./Meridian Dev. Agreement 3 February 2, 1995 • • 17. 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 that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY OF MERIDIAN: DEVELOPER: City Engineer Englewood Creek Development Coraoration City of Meridian 8589 W. Brookview 33 East Idaho Boise. Idaho 83709 _ Meridian, ID 83642 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. 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. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the iViayor and City Clerk. 22. 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. F.CE/Meridian Dev. Agreement 4 Febnury 2, 1995 EXHIBI'T' „A„ TO THE DES BETWEEN THE 1VIENT CITY OF MERIDIAN, IDAHO AND ENGLEWOOD CREEK D VELOPMENT CORPORATION Legal Description Englewood Creek Estates 30.50 Acre Tract tract of land situated in Government Lot 1 of Section 3, Township 3 North, A Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: ommencing at a found brass cap monumenting the Noa hh~ ~~°being the centerline of C line of said Section 3, sa Section 3, thence along the Northerly in bein the ad North 89°-06'-49" West a distance of 285.88 feet to a set steel pin, said p g Ustick Ro POINT OF BEGINNING• in said northerly line South 00°-24'-24" West a distance of 153.00 feet to a Thence leav g set steel pin, Thence South 89°-06'-49" East a distance of 127 97 feet to a set steel pin, Thence South 00°-24'-24" West a distance of hence South 47°-56'-24" West a distance of 444.20 f et t oa o~~eel pin, T Thence South 33°-02'-13" East a d stance of 800 00 feet to a point, Thence South 54°-47'-58" E oint on the easterly line of Thence South 89°-36'-36° Ebein dthe centerline of TentMile Road, said Section 3, said line also g on said easterly line South 00°-24'-24" West a distance of 59.17 feet to a point Thence al g on the southerly line of said Lot 1, said southerly line North 89°-02'-00" West Thence leaving said easterly line and along a distance of 1320.93 feet to the Southwest the We t rlyln oof said Lot 1 Thence leaving said southerly line and along h 00°-26'-04" East a distance of 1367.32 feet to a point on said northerly line Nort of Section 3, nce alon said northerly line South 89°-06'-`l9° East a distance of 1034.38 eet The g to the POINT OF BEGINNING. Excepting existing road rights-of--way. cribed tract of land contains 30.50 acres, more or less, subject to all existing The above des easements. ROYLANCE AND ASSOCIATES, P.A. Prepared By: 4619 Emerald, Suite D-2 Boise, ID 83706 (208) 336-7390 (208) 336-73691 Fax c:~wunirc\winwordUegals\14391g13.daw 5 o ~ 1 '3 ~ ` ~1'`~ • EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND ENGLEWOOD CREEK DEVELOPMENT CORPORATION This subdivision is for 86 single-family dwelling unit lots with an overall density of 3 dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property (name and identify all waterways and treatment). 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian waste and sewer lines (resolve how and where water and sewer will be extended). 3. Construct streets to and within the property. 4. Dedicate the necessary land from the centerline(s) of W. Ustick and N. Ten Mile Road(s) for public right-of--way. 5. Pay and development fee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Berms and landscaping on entrances shall be provided and maintained by the Homeowners Association. 8. Pressurized irrigation is to provide 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. 9. Fencing -Perimeter fencing 10. Pedestrian walkways 11-9-605- C. 11. Planting strips and reserve strips (11-9-605 G.) 12. Preservation of existing natural features (11-9-605 H.2.) 13. Lineal open space corridors (11-9-605 K.) 14. Pedestrian bike paths (11-9-605 L.) 15. School sites or fees in lieu thereof 16. Land set aside for parks 17. Green belts along canals or drainages ECE/Meridian Dev. Agreement 6 February 2, 1995 DATED the date, month and year first appearing; DEVELOPER: By: Glenn L. Johnson, Secretary By: CITY OF MERIDIAN: By: Grant P. Kingsford, Mayor By: STATE OF IDAHO ) SS COUNTY OF ADA ) William G. Berg, Jr., City Clerk • On this ~ day of eh~" 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared Glenn L. Johnson and Rewabhi K. Patel, known to me to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in tbi.3 certificate first above written. Notary Publ' for I~Iaho Residing at: My Commission expires: / // o! STATE OF IDAHO ) SS COUNTY OF ADA ) On this day of 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared Grant P. Kingsford and William G. Berg, Jr., known to me to be the Mayor at:d 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. Notary Public for Idaho Residing at: My Commission expires• 15CFJMeridian Dev. Agreement 'J February 1, 1995 • • NORTHWEST LAND DEVELOPMENT CORPORATION (208) 377-8263 RECEIVED OCT14~994 Meridian City CITY OF MERIDIAN City Council Meridian, Idaho October 14, 1994 Re: Englewood Creek Estates Subdivision Dear Council Members; ~:. We respectfully request consideration for the reduction in dwelling minimum square footage from 1800 square feet 1450 square feet. The reasons for this request are as follows: 1. Adjoining development has been approved for lesser square footage. 2. Mortgage interest rates increased substantially since preliminary plat was submitted, causing a decrease in the market sector that would qualify for the mortgage loans. 3. The overall market has subsided to the point that development with larger dwelling square footages could and probably would cause substantial financial burden on the developer from the lack of lot sales. Please consider our request for reducing the minimum dwelling square footages for this development. Sincerely, Glenn L. Johnson • Roylance & Associates P.A. • Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 ~C~iVED Telephone (208) 336-7390 Fax (208) 336-7391 ,~~~atR19~4 CITY o~ ~~~i~IAN January 14, 1994 J,~ rye ~, ~,~~ ~'I1'v .- Mr. Wayne Forey City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: ENGLEWOOD CREEK ESTATES SUBDIVISION NO. 1 - PN1439 Dear Wayne: The final plat for Englewood Creek Estates Subdivision No. 1 is being submitted for approval by the City of Meridian. This plat is and/or will be in conformance with the preliminary plat, the preliminary conditions set forth in the preliminary plat approval, the City Ordinance, and with Title 50, Chapter 13 of the Idaho Code. SW/ra 1 it r4A ' ~'~ 4~:.t:t~ c:\wordtext\letttvs\pn1439.1v CI~'~' .~,~ ~~. SAN CENTRAL •• DISTRICT HEALTH DEPARTMENT REVIEW SHEET Environmental Health Division ~~~~'~~ F~ B - 8 1~~4 CITY OF ~`EE~I~IAN Rezone # Conditional Use # Preliminary /Final /Short Plat ~N4~'wooy G~~ Sy,II,D/J~hoT- Return to: ^ Boise ^ Eagle ^ Garden city 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. ~~.STd~iwi17~~2 !J/S,po,SarL S~S~'~"?as <5'l~a-l1 Nor Cn~ltr~t~v,,rJt= Date: a' l ~' l9~ A,rodr~ot. w.~->1. ~ w ~ S h. mot, l 2 E3// CZnI "1"tFt= A~s~ b.~ Reviewed By: ~ 7i~-CJ~I-Tl /l= V~ /~"~~ /NJ ~°Cr"l Or1 Ml.t ~ ( . CDHD 10/91 rcb, rev. I I/93 jll HUB OF TREASUREVALLEY~ ~~f'~~~r~ OFFICIALS COUNCIL MEMBERS A Good Place to Live ~ ~ ~ ~ ~ ~~~~} RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JAN!CE L. GASS, City Treasurer MAX YERRINGTON ITY Off' MERIDIJ~ ~~ ~~~~~~'ROBERTD.CORRIE GARY D. SMITH, P.E. City Engineer ;~yALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO ~~~~ nn ~ WAYNE S. FORREY, AICP KENNY W. BOWERS, Fire Chief MERIDIAN IDAHO 83642 II 11 ~~lanner 8 Zoning Administrator W.L. "BILL" GORDON, Police Chief ' JIM JOHNSON WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 ' 9 ^~ A ~ Chairman • Planning & Zoning Public Works/Building Department (208) 887-2211 Fi 1994 GRANT P. KINGSFORD NAMPA & MERIDIAN Mayor IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN 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: REQUEST : ~,.~,~, BY: G9y I-1~ ~ 9H HEARING DATE : 2' ~~ ~" 9 y LOCATION OF PROPERTY OR PROJECT : __ ~~.Py~.~.~.~ Pvt.-~~ 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 - -G7?AT;m MnRRC~T~7 ~ y+/r. MAX YERRINGTON,C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) v .:, . W LJ J. ~ Y1cJ;L1PR & FINAL PLAT ) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(PREL~M & FINAL PLAT) CITY FILE5 OTHER• _ YOUR CONCISE REMARKS: The Ninemile Drain at the proiect is a contract drain. Any encroachment on the drain's ri ht-of-way must be under written agreement with Nampa & Meridian Irrigation District. rainage CITY PLANNER must be reviewed by Nampa & Meridian Irrigation District. Draina>?e must be retained on site. We will accept drainage at pre-development ows on y a ter the draina e has been cleaned through a sand and grease trap. This will only-meet ampa Meridian Irri ation District's requirements. Contact John Caywoo at t e ureau o ec amation at 214 Broadway or. phone 334-1463 for his agency s rig t-o -way requirements. dill Hens n, Foreman Nampa & Meridian Irrigation istrict 28 January 1994 ~ ~ c~~~~ JAN 3 1 19~~ CITY OF M~R~~?~~~i ~. . !/ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 David H. Roylance Roylance & Associates 4619 Emerald, Suite D-2 Boise, ID 83706 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Englewood Creek Estates Dear Mr. Roylance: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc• File Water Superintendent .~- City of Meridian Rewabhai K. and Karshan K. Patel u • ~EC~~~~~ 1 U ~ 2 0 ~g94 CITY QF MER1~31AN Bob Jones Roylance & Associates P.A. 4619 Emerald, Suite D-2 Boise, Idaho 83706 Re: Englewood Creek Estates Dear Mr. Jones: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District has completed a review of the proposed Englewood Creek Estates subdivision plans. If constructed according to the plans, the project will meet all requirements of the Nampa & Meridian Irrigation District. The Nampa & Meridian Irrigation District's Ninemile Drain does course somewhat through the center of this project. The easement on the Ninemile Drain is 100 feet: 50 feet from the center each way. The Nampa & Meridian Irrigation District does the majority of the maintenance on the Ninemile Drain on the south or west side (depending on how it falls). The District needs a minimum of 18 feet of unobstructed maintenance area. We, also, need to have plans that indicate curb cuts both at Ustick Road and Niemann Drive. We prefer that the curb cuts be on both sides of the drain. We need these cuts so that we can place our equipment on the roads for maintenance purposes. Please feel free to contact me if further discussion is required. Sincerely, Bill Henson Assistant Water Superintendent _. 7 r' ~ p:~: Each Director Secretary of the Board ~,~ District Water Superintendent '~~ John Sharp ~y of Meridian Ada County Highway District Rider 4 File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 16 June 1994 ~ RECEIVED MAR 2 4 1995 CITY OF MERIDIAN '12a.~r~ia Bi ~1~viidc.'act ~I~r~ugat~oct Z~i~'ctrt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 21 March 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 Bob Jones SHOP: Nampo 466-0663 Roylance & Associates P.A. Boise 345-2431 4619 Emerald, Suite D-2 Boise, Idaho 83706 Re: Englewood Creek Estates/Pressurized Irrigation Review Dear Bob: Nampa & Meridian Irrigation District has completed a review of the plans for the pressurized irrigation system in the above mentioned project. The system does appear to be adequate; however, the plans indicate a proposed future connection with Firelight Subdivision so we have some reservations about the proposed 3-inch and 4-inch main line that is to connect the two subdivisions. We will need to see the irrigation system for Firelight Subdivision and, if the developer has a design and design calculations for both irrigation systems working together, we would like to review them so that we do not have future problems with the duel system. If Nampa & Meridian Irrigation District is to operate and maintain this facility, a contract between the developer/subdivision will be required. Please have your client contact Daren Coon, Secretary/ Treasurer of the Nampa & Meridian Irrigation District, so that we can commence with the required paper work. Please send the above requested plans so that we can review these subdivisions in their entirety. If you feel further discussion is required regarding this matter, feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Steve Mahaffy John Sharp Bill Henson A// ll~fi Damberger y of Meridian Rider 4 File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • CENTRAL •• DISTRICT ~1't'HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (1081375-5211 • fAX 317-8500 To pt+e2~ent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and gtcatity of our environment 95-046 January 2 6 , 19 9 5 ~{y~~~yA- JAN 3 1 g~~5 DAVID NAVARRO ADA COUNTY RECORDER CI~I 'C l1~' 1~i~1'nIIL/It~I ~ 650 MAIN STREET BOISE ID 83702 RE: ENGLEWOOD CREEK SUBDIVISION NO.1 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 January 26, 1995. 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. . Senior Environmental Health Specialist cc: Tom Turco, Director HUD - City of Meridian Roylance and Associates Englewood Creek Partnership Searing Yatley, Elmore, Boise and Ada Counties ADA /BOISE COUNiY OiFICTi 707 N. Armstrong PI. Boise, IO 83704-0825 Enviro. Health: 327-7499 ..family Planning: 327-7400 Immunizations: 327-7450 Nutrition: 327-7460 WIC: 327-7488 WIC BOISE -MERIDIAN EU10RE COUNTY OfiICE EuHORE CDUNTY OEfKE ~ VAUEY COUNTY OFiICE 1606 Robert St. 520 E. 8th Street N. of ENYIRONAIENTAI HEMTH 703 North 1st Boise, ID 83705 Mountain Home, ID 190 S. 4th Street E. P.O. Box 1448 Ph. 334-3355 83647 Ph. 587-4407 Mountain Home, ID McCall, ID 83638 324 Meridian Rd. 83647 Ph. 587-9225 Ph. 634-7194 Meridian, ID. 83642 Ph. 888-6525 ro w m w 00 ro 0 E w r v fD w b w m c K w 0 rfl E n O 0 r m w ~t a w r K. 1v 0 a 0 co s O G O a w w 0 rn w 0 c m a n w 0 w n a w b b n 0 C c~ a K ~o O a w w 0 rn 0 ro n C w n N V r-~ ~o ~o 3 .~ c DZSmD~Dm -~~mzvmzrN ~ mr~o~0r_pO~ o~o~~mmOm-~-im i = ' . rc ~O TI p D z m ~O i m~~~- ~ ~ D -{ - I ~~<Z~D~ r O -{ _ m -~ 7cm~~°D~D 7Cm ~ m W O ~ O~0~0~10~~ V/ 'DD~~Z~ i O~ZC Z 2~ ~G~Z vo~z~a ~no~o~, ~ ' v~ ~m Z-i N m ~ ~ O N ~ ~ o~v~~z ~ZOu~i~Z1 ~~~o~~ zm mD~p ~m m _ r j J Q W w N O ~ m ~ ~ ~ ~ ~ -~ m ~ ~ ~ N ~ ~ v c n m m N r o0 ~Z ~~ O n ~ C N ~ J O Z n a N Z m N ~~ D ~ 7 n~ 7 ~ O Z ~m a~ nZ 7 v.! ~ '~ z~ ~i C m z 0 ~ Q. to a. ~ C r• w ~ ~t w m ~ ~y °c ~ n w N 71 ~w W ~ o c~ a m o ~ ~ n o0 w w ~~ w o m n rr ~ ~~ ~ a w~ fD C ao C ~ ~ R ~ o ~~ n o w ~ t~ n o b rn w m rr a ~o w N W O G ~ v~ w an e a' w m fi. v 0 ~ ~ ~o F-+ v+ w ~ o as .. o+ rD rD x e b w b rD ~t 0 r c~ a w r w 0 a rD n w a w K w x a ro x 0 z c d H C H z° w w w K co a w 0 e m ro r w c~ ~~~r ~ w m wb ro n n o O m w w a n ~t~arflr, o ~ w ~ c' p 1 ~ I ~ I N I N ft1 i--~'Sy N'Ly W 0 o n b ~ b o ~ o n rr n w n w ~' 1't O' K Q' N w rw -~~n cr to ~ co co rw wN ce m N m ~, 0 0 a~ rn 0 ~, tD x fD w rt ~o ro 0 a ,v n w 0 n ~r~ t!7 0 f~ MERIDIAN CITY COUNCIL MEETING: FEBRUARY 21 1995 APPLICANT: ENGLEWOOD SUBDIVISION ITEM NUMBER; 14 REQUEST; DEVELOPMENT AGREEMENT AND CC8~R'S 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 F c~~~s /,,~ rpJ~ ~l b~~ ~ ~~N 'I ~ ~~/- J OTHER: • • MERIDIAN CITY COUNCIL MEETING: ' ' !/~/~`.~2 ~~ l ~ ~~ APPLICANT: Eh~~~ ~v~OG~ ~~ee~G AGENDA ITEM NUMBER: ~~ REQUEST: ~~,~%~-~' ~r~ee~-~-en=d" 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: •, ~ 4L~ /' ,m4 ~, i-~ `~ i ~ ~ua~q~~ ~~ ~~n',P ~ , i b. ~~~~op~ ~~ Iti ~~ G"~ ~~ OTHER: ~ECE~~7lEY~ -~ ~_-~ OCT 1 4 1994 .~ :~ ,. ~~ ~~ ENGLEWOOD CREEK ESTATES CTt'Y OF MERIDIAN ~. (1-j ~ ~~""'~ DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS- `, ; , Dated: April 21, 1994 Recorded: Instrument No.: The undersigned, being the owners of the property hereinafter described, hereby adopt the following protective covenants in their entirety to apply to real property subdivided and contained in an estate to be known as ENGLEWOOD CREEK ESTATES, being a portion of Gover:unent Lot 1, Section 3, T3N, R1W, B.M., Ada County, Idaho. ENGLEWOOD CREEK ESTATES is divided into single-family residential lots in compliance with the local and state regulations and laws. The following covenants shall run with the land and be in force and effect for thirty (30) years hereafter unless sooner terminated or ammended by agreement of the owners of seventy-five percent (75$) of the lots in the estates and are as follows, to wit: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications thereof, including exterior color schemes having no offensive colors, has been approved in writing by a majority of the Architectural Committee or by its representative designated by a majority of the Committee. The approval of the Committee shall not be .unreasonably withheld if the said plan and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. The floor area of a one story house in this estate shall be a minimum of 450 square feet and the ground floor area of a split entry or a two-story housF in this subdivision shall not be less thar. 1000 square feet having a total of a minimum of 1800 square feet. Dwell~ng structures existing prior to of this subdivision shall be exc u e ro square equiremenzs bum shall conform to all other requirements if remodeled at any time after these ,covenants have been filed and recorded. No residence shall be in excess of two ~1 stories. All area requirements shall be exclusive of the garage area and shall be ~ well constructed of good quality material and workmanship. For the purpose of these covenants, eaves, s~e~ and open porches shall not be constr ed to-r 't an ortion of a building to encroach upon any other lot. ~,~rf 1 ~. pe~r~ ,dte~fy,/t~,~- All buildings shall be provided with architectural type shingle roofs or a similar alternate approved by the Architectural Committee. 7 The value of any new residence in the subdivision shall exceed $100,000.00 ~/ in value including the value of the land and improvements thereon, based on June, 1994 values. Fences shall not exceed the height of 6 feet on any lot and shall not exceed the height of 3 feet within 20 feet of any street without express approval of the Architectural Committee, and shall be properly finished and maintained. No fencing or obstructions shall be built within Nine Mile Creek so as to obstruct a 100-year storm; obstructions shall not be constructed below the crest of the bank. Ee~glewood croak Esmt~s CC3R/Apn121, 1984/rjhj • • The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an Comtni.tteelshallnbelbinding onsallepartiesTas totwhetherlan undesirable,tnoxious or nuisance use exists. At least ten (10) days prior to any construction being commenced, two sets of plans and specifications shall be submitted to the Committee. Both sets of plans shall be marked with any pertinent cot~anents, dated and receipt acknowledged by the Chairman of the Committee with one set returnje~d~ to the owner within five (5 ) working days o f receipt . ~Zy,~~ (2) No building shall be located on an easement or lot nearer to the front lot line or nearer to the side and rear of lines than the minimum building setback distances as set forth in the Zoning Ordinance, however, in any event no building shall be located on any lot nearer than twenty (20) feet from the front lot line and fifteen (15) feet from the rear line nor nearer than five (5) feet per story to any side line. (3) Construction of any residences in the smpubdivision shall be diligeeary pursued after commencement thereof, to be co leted within one (1) y including landscaping. (4) Each house shall have at least one ornamental tree of at least 2-inch caliper in the front yard. q (5 ) No shack, tent;~or traile house shall be used within this subdivision for permanent or temporary living quarters. (6) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said supdivision which may become an annoyance or nuisance to the other property owners in said subdivision. All home owners shall sod the front and side yard and maintain to a maximum of 4 inches high. (7) Keeping or raising of farm animals or poultry shall be prohibited. All dogs or cats or household pets kept on the 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. Not more than two dogs, cats or other pets may be kept at one time, except that a litter of young may be kept until 8 or nine weeks old. No business shall be conducted on the above property ~e`S`:a~-eeee~ez ~e- No signs shall be installed to advertise business. No oil exploitation, development shall be permitted upon the lots in this subdivision. (8) Only one outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildin on said property and must be approved by the Architectural Committee. ~~a c.«k 2 ccawnvrd 2~. ,e~iM ..• (10) Easements for installation and maintenance of utilities and drainage facilities are reserved for the areas as shown on the plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction of flow of water through drainage channels in the easement. Easement areas and all improvements on them shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. (il) All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to the public sewer service. (12 ) No sign of any kind shall be displayed in public view on any building or building site on said property of t more than six square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during the construction and sales period. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the Declarant or its agent may post a "Sold" sign for a reasonable period following a sale. (13) No lot or building site included within this subdivision shall be used or maintained as dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage etc. shall be maintained in a sanitary and clean condition. Parking of boats, trailezs motorcycles, trucks, truck campers and like equipment or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or other approved enclosure, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property shall be prohibited except within garages, carports, or other approved areas. The Architectural Committee shall be the sole and exclusive judge of approved parking areas. Their decision shall be final and binding. No machinery, building equipment or material shall be stored upcn site until the Grantee is ready and able to commence the construction with respect to such building upon which such building material shall be placed within the property line of such building site upon which the structure is to be erected. (14) Installation of radio and\or television antenna is prohibited outside any building without written permission from Architectural Committee. (15} These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of the recording hereof, after which time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument, an instrument signed by the owners of 75$ of the JQ~""1-a~s~ of the subdivision has been recorded agreeing to change or terminate said covenants in whole or in part. (16) Enforcement against any person or persons violating or attempting to ? violate any covenant herein, after ten (10) days notice thereof served in writing on the offending party, shall be served by the Home Owners Association for said f subdivision either at law or equity. In the event of a judgement against any person for such violation, the Court may award injunction against the offending party. Any owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceeding at law or in equity, e,g~e c,..k Esmess 3 - ccswnvra r, ic9urini • any or all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter. (17) A committee with a minimum of three persons shall act as an architectural design committee and shall, prior to any new construction in the subdivision, be furnished with detailed plans of any proposed building to be located in said subdivision and shall be allowed ten days to review said plans, drawings, and specifications. If said Committee shall approve of the proposed building, or any modification or alterations thereof, they shall so indicate and their approval shall be construed as full compliance with the provisions of Paragraph 1 of the original Covenants, said Committee shall have sole discretion to determine what shall be substantial compliance with said covenants. No buildings shall occupy any portion of said subdivision without the approval of said committee. The initial conani*_tee shall consist of the following: 1. Richard J. H. Jewell 2. John C. Gundersen 3. Glenn L. Johnson 4. Rick Thurber A Majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of who~will serve without compensation. (18) Invalidation of any one of these covenants shall in no way affect any of the other provisions which shall remain in full force and effect. (19) A Homeowners' Association shall be duly formed by the developers. This association, in the form of a non-profit Corporation, will be for the propose of owning, maintaining and operating an irrigation distribution system for the subdivision and maintain common areas as delineated on the plat. Membership in this Homeowners' Association shall be mandatory and continuous by all current and future property owners of the subdivision, which association be dedicated to the welfare of all property owners in the ENGLEWOOD CREEK ESTATES. ~ ~/~ In Witness Whereof, we, the undersigned owners the property in the ENGLEWOOD CREEK ESTATES have hereunto set our hands on this day of 1994. Fsglerwoa c~sek Eadw 4 ccawnpro 21. ~~+~ihi '~ • ~. STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of 1994, before me the undersigned, a Notary Pu is in and for said State Of Idaho, personally appeared ------------------ ~ ancT-----'-------------------------------' and acknowledged to me that they executed the within instrument or and in behalf of said Corporation. In witness whereof, I have hereunto set my hand and seal the day and year in this certificate first above written. Notary P is o I a o Residing at Boise, Idaho egawooa cre.~c [-gees S _ ccawavM ze. ~ ~o~ NORTHWEST LAND Meridian City City Council Meridian, Idaho October 14, 1994 Re: Englewood Creek Estates Subdivision ~C~CI~IED O C T 1 4 194 Ci~'Y OF MERIDIAN Dear Council Members; ,, / ~~ f 9'2~k~i d'~ We respectfully request consideration for the reductio in dwelling minimum square footage from 1800 square feet 1450 square feet. The reasons for this request are as follows: 1. Adjoining development has been approved for lesser square footage. 2. Mortgage interest rates increased substantially since preliminary plat was submitted, causing a decrease in the market sector that would qualify for the mortgage loans. 3. The overall market has subsided to the point that development with larger dwelling square footages could and probably would cause substantial financial burden on the developer from the lack of lot sales. Please consider our request for reducing the minimum dwelling square footages for this development. Sincerely, c Glenn L Johnson DEVELOPMENT CORPORATION (2os) sn-s2ss SUBDIVISION DEVELOPMENT AGREEMENT 0 G ~ i ~t 194 CTfY OF MERIDIAN ` THIS AGREEMENT, made and entered into this ~ day of O~iOba~'' .1994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of I aho, party of this first part, hereinafter called the "CITY", and ~p~}Wa~T' tA~DJavewj~mar_ ~- CaT ,party of the second part, hereinafter called the "DEVELOPER", whos~ address is ~~i$~ g~a7~vi e~vJ oriv ~ ~ 5~'~70~ ,for the development of E u~/~...~~rmd C-r~x ~ t~ c~ ~ ~,-S.n,v Subdivision, located in Section ~, T.~, J~, R. I ~, B.M., Ada County, Idaho. 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, passei~idaho Code, --~ 67-6511 A, 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 fn Exhibit "A", and requested zoning of - and has submitted a subdivision preliminary plat for said property which has been recommended for appr val 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 it's best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at it's 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, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property sub)ect to de-annexation ff 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: ECE/Meridian Dev. A®reement 1 October 14, 1994 • t . 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 <---~ / ~ 5 0 square feet of floor space, exclusive of garages. 3. That the property zoned ~, described in "Exhibit A", shall have lot sizes of at least $ ~~U~3n n~ (k~oL ware feet, which is the size represented at the City hearings, and shall meet all of the requirements of the ~ zone and have no duplex 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, prior to construction, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, 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 hereto, 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. 6. That DEVELOPER will, at his or their own expense, construct and install all improvements including, but not limited to, sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmissions lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and ail other improvements shown on the Subdivision Improvement Plans and as required to provide a completed project. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and with 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 ff 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 seven (7) 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 SubdNision 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 improvements. 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 and that he (the Registered Professional Engineer) has inspected the construction of ~j ° the various im rovements and that the materials for and the installation of the same were all constructed n conformance with a applicable City Standard Engineering Drawings and Standard Engineering D'v- Specifications governing the construction of these facilities. ECE/Meridian Dev. Agreement 2 October 14, 1994 ~. 10. That DEVELOPER will, immediately upon completing construction of said improvements, or the entirety of said development, notffy 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 specffic improvement, or improvements may need to be completed in the Interest of the health, welfare and/or safety of the Inhabitants of the CITY. The DEVELOPER will thereupon, within a reasonable time as that which is provided for item S of this agreement, construct said needed specific improvements, or, ff 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 seven (7) 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 the Certfficates of Occuoancv 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 specffied 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 Certfficate 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 specific Improvements as identffied in item 11 of this q~ agreement are not installed within the agreed time, 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, ail 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 d es here y, grant a security interest in the land which is the subject.of ~ is o secure the installation of specific im rov ments as may need to be com I i ,.,GL ~ N~v~ ~ interest of the health, welfare and/or safety o t e n abitants of the city. In the event of DEVELOPER's ,~~ ~~ ~y„~,,!r,failure to comp c nsta a on, a may insta the specific mprovements and, without notice,~w~, ~ ~ foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of" ~ 6,,~7~,.y.~.-~ Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against ail or any portion of the subject land, upon completion of that ~ ~ .~~i ~ ~ 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 ECE/Meridian Dev. Agreement 3 October 14, 1994 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 specific improvements as may need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the city, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansions and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certfficates of Occupancy will be issued until ail improvements are completed, unless the CITY and the DEVELOPER have entered Into at'Zaddendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. 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, in addition thereto, 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 that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY OF MERIDIAN: DEVELOPER: City Engineer tan ~- P City of Meridian ~ ~ ~ 33 East Idaho ~ ~ o S Meridian, ID 83642 19. That DEVELOPER agrees to pay ail recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. 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. ECE/Meridian Dev. A®reement 4 October 14, 1994 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by ail ordinances of the CITY of Meridian and the property shall be subject to de-annexation ff the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Condusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. DATED the date, month and year first appearing; DEVELOPER: By _ President CITY OF MERIDIAN: By: Grant P. Kingsford, Mayor sy: William G. Berg, Jr., City Clerk . ECE/Meridian Dsv. A®reement 5 October 14, 1994 Q m W W W Q ~~o ZWQ a~~~ ~mW J p ~ W QO ~m~ W V O v ~~ ~~ ~~ ~~ ~ ~.. ~ o~ ~ ~~ ~~~ Q~ ~~ ~ ~~~ . d v-~ ~~° °~ ~ ~~ .~ ~~ ,~ g ~ ~ v ~d v~$ ~~r b t, ~~,~~ ~ ~ .~ ~~ ~ Z ~~ g~ ~ ~ z ,!Z M .~ ~~ ~v.vv~vo~o$~o'.S ~ ~vd o v ~W~~ ~r V/ ~ ~ °~~pO~p~O~00ago ~ ~~ ~. ~ o ~ o g r.'~ a ~. s a gg o W ~ ~ ~~ ~~ ~~ ~~~g ~ ~` $ ~~~ +~ ~~~~ N voo oovv ov o v o .~ g 8 ~~~~ ~~ ~ ~ ~ ~pp~pp~MM~ ~ ~ ~~ ~•~ Q ~ ~~ ~NNN~OO}}}}N~~1~~~~ ~ o a~ ~~~~~og~n~v~~ga°a ~a ~ t3 •- ~ ~ ro 0 V ~ ~ e~ d ~~ ~S~#i~ ~~~~ 5 ~ _~~ ~ ~ ~\'~'~ gg8gg gggagg88 ~ ~`~~~ F ~ '~ ~f ~ gS8 g .~~~ 3 ~~ ~ ~~~~~ ~~~~~~~ F ~~ ~~ o ~~• EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND This subdivision is for ~ single-famiiy dwelling unit lots with an overall density of ~__dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property except Nine Mile Drain which shall be fenced along all lots adjacent to Nine Mile Drain. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian waste and sewer lines in accordance with construction plans as approved by the Meridian City Engineer. 3. Construct streets to and within the property. 4. Dedicate the necessary land from the centerlines of North Ten Mile Road and West Ustick Road for public right-of- way. 5. Pay the development fee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Berms and landscaping on entrances shall be provided and maintained by the Homeowners Association. 8. Pressurized irrigation is to be provided to alt lots within this subdivision. Evidence of approvals from appropriate irrigation district/canal company and downstream water users must be submitted to the City. 9. Perimeter fencing is to be installed prior to building construction. 10. Pedestrian walkways in accordance to 11-9-605- C shall be provided. 11. Planting strips and reserve strips in accordance with 11-9-605 G shall be provided. 12. Preservation of existing natural features in accordance with 11-9-605 H.2 shall be complied with. 13. Unear open space corridors in accordance with 11-9-605 K are provided along Nine Mile Drain. 14. Pedestrian /bike- paths 11-9-605 L are provided along dedicated streets and Nine Mlle Drain. 15. School sites or fees paid in lieu thereof 16. Land set aside for parks is provided for along Nine Mile Drain .,.. ECE/Meridian Dev. Agreement 7 October 14, 1994 i . • S'1'A'1'i: UF~ it)/1H ) u-. wanly nt~ Attu ) tin thls ._lQ _ day of , 194x, befcsre me, the wida'signed, a Notary Public in end fc~r laid 5tat , perwaally appeared i~ I a ~~~ ~ - ~•~- ~ .<<,~. _ and _,,,,.._,_,,., ktx-wn, ttr proved to me, id-sor~r~an--that ~Nctacutaci thix ilwt meet and the persons who exCGUtGI the said ' tnent un behalf' vt' said cvrpc>~tion, anti a knowietlg~ed to me that-s~~l~~tian exccuuxl the some. 1N ~iVl1'NE dey~pr~u~~1~r,'exr In tI ,,,`,~.P~, F O ST~~ L, :~5 o~AR~ ~W ,1~ ? ~~ V S'1'ATI~ C)f~ lhAt ~Ccxtnty of Ada Un flats .in an0 fur said Stal JR., known to use cxcctttai thls iostr axpotsticxs. end a iN WI'1'N .day and yct-r in t (SC:AL) i WNERFAr, l have hereunto set my hand and at~ixtx! my official segt, tho t;eriil'iCate first above written. Notary Public for id>t ~~ Residing st: ~ __. __ _ __.~„_ _ _.._.. My C'ommiss-ion Ezpires:..,.~.:. - ~. . ~Y of ......_......_.._._..._..• 199a, txfore me, the.s~tder~ygncd, a Notary public ~rstsnaily appeared GRAM` N. KIN05Ft~RU and W1LL.IAM t;J. R~RC), o be the Mayor and (;ity Cicrk, respectivesy, of the City of Meridian that mcnl and the persons who excccutod the said instrument vn botwtf of said wtawldiged to ast that said City of Merldia!' oxteuted the setae. 5 WHBREOF, l have hcreunta set my head and aft'lxec! my official seai~ the c~ettificate first about written. Notary PubUc for Idaho Residing at' • ~- My Cvmmixsicm N.x~ir~t:.,~.__~ $UBDIYIStON DRVLLOPMENT AGkBBMEN'1' Pale $ f .. .. . • '°~ _~ ~~;` ENGLEWOOD CREEK ESTATES ~~ J ;,`/% ___ DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS Dated: April 21, 1994 Recorded: Instrument No.: ~~~~~~~~ O C T 1 4 1994 ; CITY OF MERIDIAN The undersigned, being the owners of the property hereinafter described, hereby adopt the following protective covenants in their entirety to apply to real property subdivided and contained in an estate to be known as ENGLEWOOD CREEK ESTATES, being a portion of Government Lot 1, Section 3, T3N, R1W, B.M. , Ada County, Idaho. ENGLEWOOD CREEK ESTATES is divided into single-family residential lots in compliance with the local and state regulations and laws. The following covenants shall run with the land and be in force and effect for thirty (30) years hereafter unless sooner terminated or ammended by agreement of the owners of seventy-five percent (75~) of the lots in the estates and are as follows, to wit: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications thereof, including exterior color schemes having no offensive colors, has been approved in writing by a majority of the Architectural Committee or by its representative designated by a majority of the Committee. The approval of the Committee shall not be unreasonably withheld if the said plan and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. The floor area of a one story house in this estate shall be a minimum of ((( 450 square feet and the ground floor area of a split entry or a two-story house in this subdivision shall not be less thar. 1000 square feet having a total of a minimum of 1800 square feet. Dwelling structures existing prior to of this subdivision shall be exc u e rom a square equirements but V~~ shall conform to all other requirements if remodeled at any time after these u~~~,covenants have been filed and recorded. No residence shall be in excess of two stories. All area requirements shall be exclusive of the garage area and shall be !~'L ~~ well constructed of good quality material and workmanship. For the purpose of these covenants, eaves, s~egs-r and open porches shall not be constr ed to-v- permit„any portion of a building to encroach upon any other lot. ~Y~/( All buildings shall be provided with architectural type shingle roofs or a similar alternate approved by the Architectural Committee. The value of any new residence in the subdivision shall exceed $100,000.00 in value including the value of the land and improvements thereon, based on June, ` 1994 values. Fences shall not exceed the height of 6 feet on any lot and shall not exceed the height of 3 feet within 20 feet of any street without express approval of the Architectural Committee, and shall be properly finished and maintained. No fencing or obstructions shall be built within Nine Mile Creek so as to obstruct a 100-year storm; obstructions shall not be constructed below the crest of the bank. Englewood Ctesk Estates CC&R1Apn1 21, 1984/tjhj • The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, noxious or nuisance use exists. At least ten (10) days prior to any construction being commenced, two sets of plans and specifications shall be submitted to the Committee. Both sets of plans shall be marked with any pertinent comments, dated and receipt acknowledged by the Chairman of the Committee with one set returned to the owner within five (5) working days of receipt. ~Z~~ (2 ) No building shall be located on an easement or lot nearer to the front lot line or nearer to the side and rear of lines than the minimum building setback distances as set forth in the Zoning Ordinance, however, in any event no building shall be located on any lot nearer than twenty (20) feet from the front lot line and fifteen (15) feet from the rear line nor nearer than five (5) feet per story to any side line. (3) Construction of any residences in the subdivision shall be diligently pursued after commencement thereof, to be completed within one (1) year, including landscaping. (4) Each house shall have at least one ornamental tree of at least 2-inch caliper in the front yard. (5) No shack, tent;~or traile. house shall be used within this subdivision for permanent or temporary living quarters. (6) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may become an annoyance or nuisance to the other property owners in said subdivision. All home owners shall sod the front and side yard and maintain to a maximum of 4 inches high. (7) Keeping or raising of farm animals or poultry shall be prohibited. All dogs or cats or household pets kept on the 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. Not more than two dogs, cats or other pets may be kept at one time, except that a litter of young may be kept until 8 or nine weeks old. No business shall be conducted on the above property `~~eee~e~--~- No signs shall be installed to advertise business. No oil exploitation, development shall be permitted upon the lots in this subdivision. (8) Only one outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildin on said property and must be approved by the Architectural Committee. Englewood Cresk Estates CCBRlApnl 21, 1994/rjhj 2 • • (10) Easements for installation and maintenance of utilities and drainage facilities are reserved for the areas as shown on the plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction of flow of water through drainage channels in the easement. Easement areas and all improvements on them shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. (11) All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to the public sewer service. (12) No sign of any kind shall be displayed in public view on any building or building site on said property of t more than six square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during the construction and sales period. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the Declarant or its agent may post a "Sold" sign for a reasonable period following a sale. (13) No lot or building site included within this subdivision shall be used or maintained as dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage etc. shall be maintained in a sanitary and clean condition. Parking of boats, trailers motorcycles, trucks, truck campers and like equipment , or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or other approved enclosure, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property shall be prohibited except within garages, carports, or other approved areas. The Architectural Committee shall be the sole and exclusive judge of approved parking areas. Their decision shall be final and binding. No machinery, building equipment or material shall be stored upcn site until the Grantee is ready and able to commence the construction with respect to such building upon which such building material shall be placed within the property line of such building site upon which the structure is to be erected. (14) Installation of radio and\or television antenna is prohibited outside any building without written permission from Architectural Committee. (15) These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of the recording hereof, after which time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument, an instrument signed by the owners of 75$ of the ~Q~"1-ate of the subdivision has been recorded agreeing to change or terminate said covenants in whole or in part. 17 (16) Enforcement against any person or persons violating or attempting to violate any covenant herein, after ten (10) days notice thereof served in writing on the offending party, shall be served by the Home Owners Association for said subdivision either at law or equity. In the event of a judgement against any person for such violation, the Court may award injunction against the offending party. Any owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceeding at law or in equity, Engle~nood Croak Esbtas CC&R/Apn12l, 1994/rjhj 3 • ~ • • .~ any or all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter. (17) A committee with a minimum of three persons shall act as an architectural design committee and shall, prior to any new construction in the subdivision, be furnished with detailed plans of any proposed building to be located in said subdivision and shall be allowed ten days to review said plans, drawings, and specifications. If said Committee shall approve of the proposed building, or any modification or alterations thereof, they shall so indicate and their approval shall be construed as full compliance with the provisions of Paragraph 1 of the original Covenants, said Committee shall have sole discretion to determine what shall be substantial compliance with said covenants. No buildings shall occupy any portion of said subdivision without the approval of said committee. The initial commi*_tee shall consist of the following: 1. Richard J. H. Jewell 2. John C. Gundersen 3. Glenn L. Johnson 4. Rick Thurber A Majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members .shall appoint an owner of a lot in said subdivision to serve on said committee, all of who~will serve without compensation. (18) Invalidation of any one of these covenants shall in no way affect any of the other provisions which shall remain in full force and effect. (19) A Homeowners' Association shall be duly formed by the developers. This association, in the form of a non-pro-fit Corporation, will be for the propose of owning, maintaining and operating an irrigation distribution system for the subdivision and maintain common areas as delineated on the plat. Membership in this Homeowners' Association shall be mandatory and continuous by all current and future property owners of the subdivision, which association be dedicated to the welfare of all property owners in the ENGLEWOOD CREEK ESTATES . ,,,,//~~ ~ , / G~ ~y ~ '8'P'G. In Witness Whereof, we, the undersigned owners the property in the ENGLEWOOD CREEK ESTATES have hereunto set our hands on this day of 1994. Fsglewood Creek estates. CC&R/Apn121, 19941ryhj 4 ,.' .. , • ._:. STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of 1994, before me the undersigned, a Notary Pu is in and for said State Of Idaho, personally appeared ------------------ ~ and and acknowledged to me that they executed the within instrument or and in behalf of said Corporation. In witness whereof, I have hereunto set my hand and seal the day and year in this certificate first above written. Notary Pu is o I aho Residing at Boise, Idaho e~kswooe creek Faeroe 5 ccawnpri~ 2t, ~asardki • ~J Meridian City Council Meeting:` FEBRUARY 15, 1994 Applicant: GLENN L. 10HNSON AND Agenda Item Number: 3 ROYLANCE AND ASSOCIATES Request: FINAL PLAT: ENGLEWOOD CREEK SUBDIVSION A en Comments City Clerk: City Engineer: SEE ATACHED COMMENTS City Planning Director: SEE ATTACHED COMMENTS 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: Ada Street Name Committee: SEE ATTACHED COMMENTS Central District Health: SEE ATTACHED COMMENTS Nampa Meridian Irrigation: SEE ATTACHED COMMENTS Settlers Irrigation: Idaho Power: US West: Intermountain Gas: ~ ~ ~ ~, p~ rte' Bureau of Reclamation: • MERIDIAN CITY COUNCIL MEETING: April 5 7994 APPLICANT: Glenn Johnson and Rovlance AGENDA ITEM NUMBER: and Associates REQUEST: Final olat• Englewood Creek S bdivision -- A EN Y CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS 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 r a P~°~~ ~ d~~-'`mr~„ ~, c~" e~~q~ D ,^~ ~¢ ° ~ ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS 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. GROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning GRANT P. KINGSFORD Mayor MEMORANDUM: To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer $~~ Re; ENGLEWOOD CREEK SUBDIVISION (Final Plat) Dear Mayor, and Council Members; February 14,1994 Richard Jewel, one of the partners in this development contacted me last week regarding revising the subdivision plat. He explained to me that in their review with the Ada County Highway District it was determined that building a bridge over the Nine Mile Drain to continue Neimann Drive wouldn't be required. Mr. Jewel indicated to me that they wanted to change the plat and were wondering if this could be handled at staff level: After discussing the proposed change with Wayne Forrey and Wayne Crookston it was our feeling that the changes were significant, and the plat should be resubmitted showing the revisions so that other agencies could respond. • 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, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner & Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning GRANT P. KINGSFORD Mayor MEMORANDUM TO: CITY COUNCIL AND MAYOR FROM: WAYNE S. FORREY, PLANNING DIRECTOR DATE: FEBRUARY 11, 1994 RE: ENGLEWOOD CREEK ESTATES SUBDIVISION #1 FINAL PLAT This Final plat complies with the approved Preliminary plat. This plat also complies with the Comprehensive Plan as outlined in the Findings of Fact and Conclusions of Law. The required Development Agreement must be signed prior to signature by the City Engineer or City Clerk. I recommend that prior to Final plat approval by the City Council, that the Fire Chief, Planning Director, owners and owners representatives to review the possibility of using the well lot in ENGLEWOOD Creek for a satellite fire Station if this is the direction the Fire Department wants to explore. This meeting could take place as soon as possible and allow this action to be re-scheduled to the March 1,1994 City Council agenda. Also, I recommend this Final plat be approved subject to the Findings of Fact and Conclusions of Law and that a negotiated Development Agreement be signed prior to any Final plat signatures by City officials. • HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. waste water supt. SHAWCROFT JOHN T 33 EAST IDAHO WAYNE S. FORREY, AICP , . KENNY W. BOWERS, Fire Chief " MERIDIAN, IDAHO 83642 (~ ~ ] Planner & Zoning Administrator JIM JOHNSON GORDON, PoliceChief W.L. "BILL WAYNE G. GROOKSTON, JR., Attorney ~E ~~ ~~ Phone (208) 888-4433 • FAX (208) 887-4813 ~r u Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 JAN 1 9 199~t GRANT P. KINGSFORD Mayor CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your ~ _ 9, ~~9N TRANSMITTAL~'"DATE: REQUEST • r".-Vv~.~. answer by: " ~ ~ 9 ~ HEARING DATE LOCATION OF PROPERTY OR PROJECT: (~,~/~-t-~~ ~ ~ -- 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 MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER• YOUR COI~L6,~SE REMARKS • HUB OF TREASURE VALLE~ OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G.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. OFT W W s 33 EAST IDAHO WAYNE S. FORREY, AICP , aste ater upt. JOHN T. SHAWCR Planner 8 Zoning Administrator KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief , JIM JOHNSON WAYNE G. GROOKSTON, 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 WITHIN 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: G9 N TRANSMITTAL DATE: ~-~ REQUEST • ~..Vv~ 9 ~ HEARING DATE 2' 15-9~ BY • '-ram- ct,"~ `_ ' ..lrytc . LOCATION OF PROPERTY OR PROJECT: ~'~' ~ T~-~' 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 MERIDDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECi,AMATION(PRELIM & FINAL PLAT) CITY FILES / o? ~ y~, OTHER• ~y YOUR CONCISE REMARKS: ~.~~ ~' /7'X ft ~U /t/ ~~ N ~ ~ .Ci S C. Lo ~ r2 7G ti.~c r '~ ~:~,r~ ~~ r'a L~~~ r~-f w ~ ~ ~ ~-- OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney February 23, i 994 • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor To: Public Agencies/City Staff From: Anna Doty RE: Final Plat: Englewood Creek COUNCIL MEMBERS RONALD R. TOLSMA MAX VERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning RFC~IV,~~ F~~ 14 ~~94 Attached is a revised plat of the Final Plat for Englewood Creek. Please review and return any comments to the City as soon as possible. Thank you for your cooperation. Sincerely, Anna K. Doty Administrative Secretary ~-d3-g`~ • ~~c~~~a~~~ EX~ Z Q ~~! - JAN 2 1 199+ C]ITX ®F A~ERIDIAN SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911MERIDIANSTREET MERIDIAN,IDAH083642 PHONE(208)888-6701 January 19, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Englewood Creek Subdivision Dear Councilmen: I have reviewed the application for Englewood Creek Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, A~~?.•~ an Mabe, Deputy Superintendent DM:gr • JOINT SCHOOL DISTRICT N• 150 SEC. LOAD 25 EL. CLASS AV. CLASSROOM PROJECTIONS -FALL 1993 16-Dec-93 ELEMENTARY ENROLLMENT PRESENT PORTABLE CAPACITY SCHOOLS 10/1/93 CAPACITY CLASSROOMS DIFFERENCE USED CHIEF JOSEPH 679 598 -81 113.55% EAGLE 424 437 13 97.03°~ EAGLE HILLS 496 437 1 -59 113.50% FRONTIER 620 717 97 86.47°k J OP LI N 544 426 2 -118 127.70°k LAKE HAZEL 424 460 1 36 92.17% y~. " ~Ir•.I~ ~ .. ".~v"c'=,r«W _ yyy , ;r j~ v....:..-+.; 6.[N'~~ii~+a~ s ";,"~"~ ._'" T MARY McPHERSON 522 460 2 -62 113.48% McM i LLAN 590 562 2 -28 104.98% MERIDIAN 521 506 1 -15 102.96% PIONEER 664 715 51 92.87°k RIDGEWOOD 353 414 61 85.27°~6 SILVER SAGE 287 345 58 83.19% STAR 263 276 13 95.29% SUMMER WIND 504 481 -23 104.78% USTICK 553 483 1 -70 114.49% TOTAL ________ ______ 8,031 ---7,754 12 -277 103.57°k (rl+ddle School LAKE HAZEL 1,140 1,000 5 -140 114.00% LOWELL SCOTT 1,439 1,100 10 -339 130.82°k '~ ~ ~° .,~ TOTAL ________ ______ 4,163 ---3,350 18 -813 124.27% H i (~h Sahoo I CENTENNIAL 2,143 1,900 7 -243 112.79% .`~~~ v.. " ' .:. ... '.., ... ;;. .. ~~~ 4 y~<Ww'Ir~'N.F~~i.'r-,.'~`. 1 i ISS;: ~ '' ~~~~. ~~'g~~~~ . ~ .~;. ALTERNATIVE J 149 130 8 -19 114.62% TOTAL ________ ______ 4,695 ---3,980 ---24 -715 117.96% DISTRICT TOTALS 16,889 15 084 54 -1805 RECEIVED JAN 2 1 199 CITY OF M(1~ffiDIAN RECEIVED SUBDIVISION EVALUATION SHEET JAN 3 1 1994 CITY 0~ M~KI~tAN Proposed Development Name ENGLEWOOD CREEK ESTATES City MERIDIAN Date Reviewed 01/27/94 Preliminary Stage Final XXXXX Engineer/Developer Roylance & Assoc / Glen L. Johnson Date Sent The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. ENGLEWOOD CREEK ESTATES SUBDIVISION NO. 1 X. D Date Z The Street name comments listed below are made by the members of the C NTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existing street names shall appear on the plat as: "W. USTICK ROAD" "N. TEN MILE ROAD" The following new street name is approved and shall appear on the plat as: "N. SAINFOIN WAY" "N. SAINFOIN PLACE" "N. VALAM AVENUE" "W. NEIMANN DRIVE" "N. ENGLEWOOD WAY" 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 Ada County Engineer John Prieste Ada Planning Assoc. Terri Raynor Meridian Fire Dept. Representati C DESI(3NE Date ' ,Z Date ~~T 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 ~,_T~Ttreet Index NUMBERING OF LOTS AND BLOCKS • • n ~- :~, .. ZQ~' F ~ ~ r7 p ~ ~~ ~~ ~~Y ~; a ~~~ ~ 4 ,' 0 W~'~ - S t '~ ~ ~ t am~a o a L .. ~ e N ~ y •{, . . ~ Q ~~ ~a ~ E ~ :~ 1~[~g ~ ~ ~~ J- N ..c..coo s H ~~e ~ ~,~ ~ Y ~~ ~ ~~^Y °dL~ o~~ a ct~ ~ .Lett: ,• ~ ~ d ~e .loth N ..z.•z.00 s. ,e W ~~S F ~ ~ E i • , ~, ~ g~r R .9S'l9 ~ ~+~~' ~ ~~ ~~1/ ~~ Y~~ ~~~c Nay '~ a» r'= pp ~ ~j ~ ~ aC F S 7 ~t ~sM ~'~~6t $~~ ~ .w,ol g yj ~ O ~ Ltl 3p00.eL00 N ~ ~ ~t~°~ ~ ,~ t~ ; ~~ ~~ b~ ~ ~If~ a ~~A~ ~~ZS~ ~~ ~\ ~ y ~ / '~ 3 ,; ..~,~'~' ~ ~~ :a a ~ ea ~ a~ $.3~¢Q -atet ~q°{ ~' `O to N ~~~ N ~~ ,~ or •'19 ~, ~•^ •`r M~ ~ ~~ ~~ ~Y~ ~h~gt 08~~i ~oa i ~ Q p~ •~~t ? 'h'er ~f / ~° .'o ~~ Ma ~IS7p ~3 .~~[ .3~~1~ ~~~ 4 Q ~ ~ ; ': o y r f ~ ,tni 0: 1 (V T 6p ~, N . 0 ~ +/ tf 7. f 6 / N o Y Of rp • G~'/ ~ m R '~ 'gds / ap i~~"~ •l~ pp s F- ~ n - w ' .°' •r u 'n ~'' ~s ~ j1 ~'y °'~/ . '4~ ,per ! ~ F 0 ' goo ?. ~ ~ as `~ ~~~ / ~.qr d" Y Z q ~ ,~ ~ `I' ~$ 1 0: 11 C 'Z S CP '. ~& 0 ~9 $ P N ~ ~ ;?~ / / ~i~ `c .°°" .~ _' f ~'r ~ e~ .~°° ~`h''L. ~ ~-erg , IL ~',~' l / 1 ACA `' J ~ f 1y / '$ qi. ,~~~ = Qi Q ~ ~ ~ _ y ~+t. h. .1° / i o 1~'~p01 '`ter. p ~ J M' Y iT / ~ ~' •+ r 6 '$~ $~ ~~ 'til fi 'ter `~ e C I ~, U ~p~`I° / ~ a{ ~~ e b t q1.S 'S. rr °rJ y ,'td + +' R s O / t. ~o o y~ o'- o f d W ~ 1 ~. -rr S ~~ s o < : m ~ W vp s y g ~e ~ ~ "' toy i „~ ;,, >` ~ ~ `' r r7 m : ~$ - S °~/ Y.4' ~~ ~ ~. •~ ~ `fit v ~ ?, ~ W •b mod' ,; . ~ y'~~.a ~ ,~2' ~ r f ,,.~ y pub 9l~ w fi '$ J ~ ~ o ~ _ ~ ~ .Obp~ S a ,~ E _ ; ~ ~ ~ u S ~S~ r ,000?t ,l[~OCt N M ~26l~ w 3 .00.9LA0 N 3 .00.9?.00 N + ; Y u a' gi_v o .9t'06 L~ a o J Q'- i . o ~ a ~ ~ ~ GIs o u - N h N .Lt'6_t y, = 19 bl u ~ 11'0{1 ,I 1001 ILC, vz. - ~~ - s. tl~ - arxtewv •: wvww TI '6 a .cz..LSO a a a Z ~le 9~ • ~~ .90 Le; 3 ,00.9L00 N ~6-CL t „ ~ .00.9L00 M .'ri ~' N lS .'0 Y O ti ; .59'G'Jt ,5. 96 <9 C9 ,00'LB r I~ L W a !! .oo L9 .oo't9 AO t9 .oo t9 a ~~ W n ~ ~ ~ I~ W W W W ^ ~ _ S ` cv 8 p ,,~ o a e $'t a to g °g' l0 8 ~ ~ S $ ~ $ $ ~ ~ 7t o g E S ~~ , gi l ~i~OlB ~ g 8 .9: tC' .t0B6 ~o .00_9 .00[9 ,OOY9 00't9 ,00Y9 ,00'L9 .,~ ~ =i 1.'rnn '~_ SUBDIVISION EVALUATION ~EET ~~~ ~ N~ Proposed Development Name ENGLEWOOD CREEK ESTATES ~ Y MICR 3 1 1~~~i Date Reviewed 03/24/94 Preliminary Stage Final XXXXX Cj~'~ ~~' ~alrs~~ ~~~' Engineer/Developer Rovlance & Assoc / Glen L Johnson The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. /~ ~~ ~ nor ENGLEWOOD CREEK ESTATES SUBDIVSION NO 1 ~ lr r -Date ~X tl~ 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 name shall aooear on the plat as: - "WEST USTICK ROAD" - "N TEN MILE ROAD" The following new street names are aooroved and shalt aooear on the plat as: "N VALAM AVENUE" "W. NEIMANN DRIVE" "N. ENGLEWOOD WAY" "N SAINFOIN PLACE" - "N. SAINFOIN WAY" The above street name comments have been read and approved by the tonowing 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, Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Date ~~ Date ~ cc.~ Meridian Fir 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 ~~ Q NUMBERING OF LOTS AND BLOCKS ~ I~ L ~ ~ ~4- G~"`~ ~~0~'` ATIVES OR DESIGNEES TR\SUBS\SM GTY.FFJN L' ~ •~ ~ ~ a >> Qm~M o3lirtewn yb • ~ V ~ ~i ~ ~ ~ .~ [~ ~~~ ~~ 7~• uzu r .rt..tm s ~ a'~ 4 ~ ~ F~ ~~ii .~ S~~ O` ~r ~ ~ i ~ ( yy fY1 .a ~ r K,.tdO s '~ p ~~a ~ ~ ~~ ~~k ~'~ E [ ~+ .oorw v W a~ ~ ~ ~p :~s ~s ., Q a.r F ~ ~ rt ~ .Y'101 ,~ J ~ ~ rn s .aorwo « ~ . ~`_ ~s o~~ ••q ~ ~» ~ ¢~ ~~r~ ~a ~ N 6 i g ~ 3 ~ ~ gypp' a= ~ ~~ #~ ~~'~~ y ~~a§.. ~~~ ~ r!~ ~r~dr g R ~ ~ a ~0 ~~~~Q p f 3 ,i A 7 .K,.LOD r ~ ~_ U J N~ a 3 o A ~+''' `a'~i ro ~ Y . i~~ i ca t+t i ,¢f Sri 0 ~} Bea ~ ~ , • .E • / • '~ ~~ ,~ ~ ~-'~-+s S z I / • . , • W ! m r '~ • ty '+ R 71 ~ +t~ ~ "' b i y mil', rU ~ uD s 9 ~ s f ~ i 1 .414 C' E ~ _ ~ n n i N mi ' a N n L s `?~~ s - r mats R i xan ~~OD s » wstro s ~ ~.ao.+tro« as ~m =i ~i ~I~ ~ i i ° ! L - " ~~~ Y n ! Y u.o~ ...ao~ 0 y. ~~ : ~ oar ~ i . n ~ tU . stwawv •w~vw ~ ~ 7 •a..tip M r' P. A Z jr~C1l8 4 .w'sa ~T.a4i?3o « 3 Ao. « ~ rut Z « 4 .M bl ~~ ~ Lr'ir ,sp-y x b f ' acu aru ~ • mu •ou • ~ N ~i ~ ~~. ~ ~S ~s ~g ~~ .,,; r = ~ ~ ~: ~ ~_ to F= n fi m ~~ o, B$ R- e x.~~ ~ l " H~OlB f :Sf x u u .aou " ~u n . i ~ s is,s r ~ +R 1 0 3 1 1 Y t d M n RECEIVED OCT 1 4 1994 ENGLEWOOD CREEK ESTATES CITY OF MERIDIAN DECLARP,TION OF COVENANTS, CONDITIONS, AND RESTRICTIONS Dated: April 21, 1994 Recorded: Instrument No.: The undersigned, being the owners of the property hereinafter described, hereby adopt the following protective covenants in their entirety to apply to real property subdivided and contained in an estate to be known as ENGLEWOOD CREEK ESTATES, being a portion of Government Lot 1, Section 3, T3N, R1W, B.M., Ada County, Idaho. ENGLEWOOD CREEK ESTATES is divided into single-family residential lots in compliance with the local and state regulations and laws. The following covenants shall run with the land and be in force and effect for thirty (30) years hereafter unless sooner terminated or ammended by agreement of the owners of seventy-five percent (75$) of the lots in the estates and are as follows, to wit: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications thereof, including exterior color schemes having no offensive colors, has been approved in writing by a majority of the Architectural Committee or by its representative designated by a majority of the Committee. The approval of the Committee shall not be unreasonably withheld if the said plan and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. The floor area of a one story house in this estate shall be a minimum of 1450 square feet and the ground f.locr area of a split entry or a two-story house in this subdivision shall not be less tha.^^. 1000 square feet having a total of a minimum of 1800 square feet. Dwelling structures existing prior to development of this subdivision shall be excluded from the square footage requirements but shall conform to all other requirements if remodeled at any time after these covenants have been filed and recorded. No residence shall be in excess of two stories. All area requirements shall be exclusive of the garage area and shall be well constructed of good quality material and workmanship. For the purpose of these covenants, eaves, steps, and open porches shall not be constructed to permit any portion of a building to encroach upon any other lot. All buildings shall be provided with architectural type shingle roofs or a similar alternate approved by the Architectural Committee. The value of any new residence in the subdivision shall exceed $100,000.00 in value including the value of the land and improvements thereon, based on June, 1994 values. Fences shall not exceed the height of 6 feet on any lot and shall not exceed the height of 3 feet within 20 feet of any street without express approval of the Architectural Committee, and shall be properly finished and maintained. No fencing or obstructions shall be built within Nine Mile Creek so as to obstruct a 100-year storm; obstructions shall not be constructed below the crest of the bank. Englewood Creek Estates CC&R/April 21, 1994/rjhj • • The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, noxious or nuisance use exists. At least ten (10) days prior to any construction being commenced, two sets of plans and specifications shall be submitted to the Committee. Both sets of plans shall be marked with any pertinent comments, dated and receipt acknowledged by the Chairman of the Committee with one set returned to the owner within five (5) working days of receipt. (2 ) No building shall be located on any easement or lot nearer to the front lot line or nearer to the side and rear lot lines than the minimum building setback distances as set forth in the Ada County Zoning Ordinance, however, in any event no building shall be located on any lot nearer than twenty (20) feet from the front lot line and fifteen (15) feet from the rear line nor nearer than five (5) feet per story to any side line. (3) Construction of any residences in the subdivision shall be diligently pursued after commencement thereof, to be completed within one (1) year, including landscaping. (4) Each house shall have at least one ornamental tree of at least 2-inch caliper in the front yard. (5) No shack, tent, or trailer house shall be used within this subdivision for permanent or temporary living quarters. (6) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permutted in said subdivision which may become an annoyance or nuisance to the other property owners in said subdivision. All home owners shall sod the front and side yard and maintain to a maximum of 4 inches high. (7) Keeping or raising of farm animals or poultry shall be prohibited. All dogs or cats or household pets kept on the 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. Not more than two dogs, cats or other pets may be kept at one time, except that a litter of young may be kept until 8 or nine weeks old. No business shall be conducted on the above property that cannot be conducted within the building on the property. No signs shall be installed to advertise said business. No oil exploitation, development shall be permitted upon the lots in this subdivision. (8) Only one outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other building on said property and must be approved by the Architectural Committee. Englewood Creels Estates CC&R/April 21, 1994/rjhj 2 • • (10) Easements for installation and maintenance of utilities and drainage facilities are reserved for the areas as shown on the plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction of flow of water through drainage channels in the easement. Easement areas and all improvements on them shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. (11) All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground nine to the public sewer service. (12 ) No sign of any kind shall be displayed in public view on any building or building site on said property of not more than six square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during the construction and sales period. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the Declarant or its agent may post a "Sold" sign for a reasonable period following a sale. (13) No lot or building site included within this subdivision shall be used or maintained as dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage etc. shall be maintained in a sanitary and clean condition. Parking of boats, trailer, motorcycles, trucks, truck campers and like equipment or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or other approved enclosure, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property shall be prohibited except within garages, carports, or other approved areas. The Architectural Committee shall be the sole and exclusive judge of approved parking areas. Their decision shall be final and binding. No machinery, building equipment or material shall be stored upon site until the Grantee is ready and able to commence the construction with respect to such building upon which such building material shall be placed within the property line of such building site upon which the structure is to be erected. (14) Installation of radio and\or television antenna is prohibited outside any building without written permission from Architectural Committee. (15) These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of the recording hereof, after which time such covenants shall be automatically extended for successive periods of ten (10} years, unless at any time after the initial recording of this instrument, an instrument signed by the owners of 750 of the land of the subdivision has been recorded agreeing to change or terminate said covenants in whole or in part. (16) Enforcement against any person or persons violating or attempting to violate any covenant herein, after ten (10) days notice thereof served in writing on the offending party, shall be served by the Home Owners Association for said subdivision either at law or equity. In the event of a judgement against any person for such violation, the Court may award injunction against the offending party. Any owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceeding at law or in equity, Englewood Creek Estates CCBRIAp~I 21, 1g94lrjhj 3 • any or all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter. (17) A committee with a minimum of three persons shall act as an architectural design committee and shall, prior to any new construction in the subdivision, be furnished with detailed plans of any proposed building to be located in said subdivision and shall be allowed ten days to review said plans, drawings, and specifications. If said Committee shall approve of the proposed building, or any modification or alterations thereof, they shall so indicate and their approval shall be construed as full compliance with the provisions of Paragraph 1 of the original Covenants, said Committee shall have sole discretion to determine what shall be substantial compliance with said covenants. No buildings shall occupy any portion of said subdivision without the approval of said committee. The initial committee shall consist of the following: 1. Richard J. H. Jewell 2. John C. Gundersen 3. Glenn L. Johnson 4. Rick Thurber A Majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of who will serve without compensation. (18) Invalidation of any one of these covenants shall in no way affect any of the other provisions which shall remain in full force and effect. (19) A Homeowners' Association shall be duly formed by the developers. This association, in the form of a non-profit Corporation, will be for the propose of owning, maintaining and operating an irrigation distribution system for the subdivision and maintain common areas as delineated on the plat. Membership in this Homeowners' Association shall be mandatory and continuous by all current and future property owners of the subdivision, which association be dedicated to the welfare of all property owners in the ENGLEWOOD CREEK ESTATES. In Witness Whereof, we, the undersigned owners the property in the ENGLEWOOD CREEK ESTATES have hereunto set our hands on this day of 1994. Englewood Creek Estates CC&WApril21, 1994/rjhj 4 • • STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of 1994, before me the undersigned, a Notary Pu is in and for said State Of Idaho, personally appeared and and acknowledged to me that they executed the within instrument for and in behalf of said Corporation. In witness whereof, I have hereunto set my hand and seal the day and year in this certificate first above written. Notary Public of Idaho Residing at Boise, Idaho Englewood Creek Eshates CCBR/Apri121, 1994lrjhj 5 • • NORTHWEST LAND DEVELOPMENT CORPORATION (208) 377-8263 RECEIVED O C T 1 4 1994 Meridian City GIT~f OF MERIDIAN City Council Meridian, Idaho October 14, 1994 Re: Englewood Creek Estates Subdivision Dear Council Members; We respectfully request consideration for the reduction in dwelling minimum square footage from 1800 square feet 1450 square feet. The reasons for this request are as follows: 1. Adjoining development has been approved for lesser square footage. 2. Mortgage interest rates increased substantially since preliminary plat was submitted, causing a decrease in the market sector that would qualify for the mortgage loans. 3. The overall market has subsided to the point that development with larger dwelling square footages could and probably would cause substantial financial burden on the developer from the lack of lot sales. Please consider our request for reducing the minimum dwelling square footages for this development. Sincerely, c Glenn L. Johnson RECEI~IED 001 1 4 1994 SUBDIVISION DEVELOPMENT AGREEMENT ~('y pF MERIDIAN THIS AGREEMENT, made and entered into this 1 day of O~' i Obi"' , 1994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of~ party of this first part, herelnafter called the "CITY", and ~OR~#1W~T cAun 7Juuc+_w~m1.r~' Ca~~ ,party of the second part, hereinafter called the "DEVELOPER", whos~ address is 4,~i'b°1 8~cn~cv~ eM> or_i.Q i~~ 5,'~70~ ,for the development of E u~/~d e~te¢~ sV ~IV~-S.n,V Subdivision, located in Section ,~, T.~ ~, R. 1 ~, B.M., Ada County, Idaho. 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, to 1991, passes 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 ~=~ and has submitted a subdivision preliminary plat for said property which has been recommended for appr val 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 it's best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at it's 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, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City 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: ECE/Meridian Dev. /~reement 1 October 14, 1994 i • 1. That the above recitals are contractual and binding and are Incorporated herein as H set forth in full. 2. That DEVELOPER, in accordance with fts representations before the CITY, shall, on the land described in Exhib t "A", only construct single-family houses and that all such single-family houses shall have at least ~~5 o square feet of floor space, exclusive of garages. 3. That the property zoned ~~, described in "Exhibit A", shall have lot sizes of at least ~ ~UU~a~.al ~_ ~uare feet, which is the size represented at the City hearings, and shall meet all of the requirements of the zone and have no duplex 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, prior to construction, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, 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 Pian, or Pians supplemental hereto, 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. 6. That DEVELOPER will, at his or their own expense, construct and install all improvements including, but not limited to, sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmissions 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 and as required to provide a completed project. 7. That DEVELOPER will construct and install ail such Improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and with 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 seven (7) 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 provkJe 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 improvements. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Pians of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements and that the materials for and the installation of the same were all constructed in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. ECE/Meridian Dev. l~reement 2 October 14, 1994 • 10. That DEVELOPER will, immediately upon completing construction of said improvements, 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 specific improvement, or improvements may need to be completed in the Interest of the health, welfare and/or safety of the tnhabRants of the CITY. The DEVELOPER will thereupon, within a reasonable time as that which is provided for item 8 of this agreement, construct said needed specific improvements, or, ff 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 seven (7) 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 the Certificates 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 specific improvements as Identified in item 11 of this agreement are not Installed within the agreed time, 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 specific improvements as may need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the city. In the event of DEVELOPER's failure to complete such Installation, the CITY may Install the specific 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 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 wrfting that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that R will take reasonable ECE/Meridian Dev. Agr®ement 3 October 14, 1994 • • 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 specific improvements as may need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the city, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansions and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. 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 a addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. 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, in addition thereto, 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 that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY OF MERIDIAN: DEVELOPER: City Engineer ~ v ~. 7m~2ir t~orP City of Meridian q rook v ~ 33 East Idaho o t ~~ . 'f~Ild.la~~ '~3~v 5' Meridian, ID 83642 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. 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. ECE/Meridian Dev. A®reement 4 October 14, 1994 Q Ln w W = aZc HWZQ ~~Gp W `~ om~ Jp ~~o Wm~ U O • • ~ ,. .~ ~ ~ ~ ~ ,a ~' ~ ~• ~ ~'~~ o ~~ ~~ d a~ a o~ ,~ ~ ~~~ ~$ v$ ~Ei ~~~~ ~ ~. ~ • ~ .~ ~ ~' z ~ s3 s~~~~ ~ ~ ~ ~ ~~ ~ ~~'~ ~~~ ~~ ~ ~~``S ~~ ,~ ~ ~ m $~'n ~~ ~~~~ ~~ ~p~ a~ w $~~ n ~ ..o n M ~ ~~ g~ o ,o v~ o o a~~ o~ ~ ~ o~ ~~s; °~~~~~~~~~~~ ~~ &~ ~ • . ~~ ~~~~ NS ~ r ~ 1~ r` ~ ~ w w ~~ ~~~ ~~~ ~~~ ,~~ ..~ ~ ~ • ~ ~ ~~ ~ ~~ ~ N vo oovv O ~ e~ o Io 0o voo ~~ V. ~S ~ ~~"~ ~ M~ W~ ~ +~~ ~ ro Q ~ ~ NNN~O M 0 6 ,~ ~~1 1 ~1 ~I 1 ~1 1 1 ~ ~ ~ ~ u ~111T1111111 ~ $d $ a ~ ~ ~ o~ d ~ ~fifi~fi ~i5~~ S ~ n V ~ b ~ ~ s ~~ ~ §~~~~~~~~~~~~ .~~,~~ '~ ~ ~ ~ ~ o .. ~ ~ z ~ ~ ~ • EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND This subdivision is for ~ single-family dwelling unit lots with an overall density of 3 dwelling units per acre. The DEVELOPER shall: Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property except Nine Mile Drain which shall be fenced along all lots adjacent to Nine Mlle Drain. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian waste and sewer lines (n accordance with construction plans as approved by the Meridian City Engineer. 3. Construct streets to and within the property. 4. Dedicate the necessary land from the centeri(nes of North Ten Mile Road and West Ustick Road for public right-of- way. 5. Pay the development fee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Berms and landscaping on entrances shall be provided and maintained by the Homeowners Association. 8. Pressurized Irrigation is to be provided 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. 9. Perimeter fencing is to be installed prior to building construction. 10. Pedestrian walkways in accordance to 11-9-605- C shall be provided. 11. Planting strips and reserve strips in accordance with 11-9-605 G shall be provided. 12. Preservation of existing natural features in accordance with 11-9-605 H.2 shall be complied with. 13. Linear open space corridors in accordance with 11-9-605 K are provided along Nine Mite Drain. 14. Pedestrian /bike paths 11-9-605 L are provided along dedicated streets and Nine Mile Drain. 15. School sites or fees paid in lieu thereof i6. Land set aside for parks is provided for along Nine Mile Drain ,,,.. ECE/Meridian Dev. Agreement ~ October 14, 1994 • 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation ff 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. DATED the date, month and year first appearing; DEVELOPER: By~ President CITY OF MERIDIAN: By: Grant P. Kingsford, Mayor By: William G. Berg, Jr., City Clerk ECE/Meridian Dev. Agreement 5 October 14, 1994 i • ~ : x.-. C-aunty ut Aurt t)tt this MI.Q ,~ day of , I X94, Before me, the tntdet'signe~, 8 Notary Public in and fc» said Stat , pcrsuttelly appeared ~~l a ~~ h ~~>n ~s~ and ..~ ~,,..,~~,,., known, ur proved to me, ~ at oxt+C-rtcxi thix InY! meet anti the per3vtrs who exec:utecl flu said i ,Went un behalf' of said cor~ratlon, anti a knr~wtntlgecf to me that-~r~r exe~eut.«! the same. IN WI1'N ~ S WNER.Bph, i have hereunw set my hand and at~ixcxl my off'iciai scat, tho day pnd rc~tr to th!' tertifiCate first atxrve written. w O j' * w Notary Public for I~tt! t- V Residing st:_ _.. _~. _ ~.....,.,_ _~....~...~.... ,~ ttA~) ~ ~ My C'ommiss-ian Expires:.... ~' - g ~ ~~. ~~'%sl~ t E 0~ ~.•. - . _ fC1. G'cxtnty ai Atta ) On this ._.____ ..day of _. _`. ~._.. _ ._.._.., l S~9A, txfote tne, the .wndcrsigrrod, a Nvtary Public .In and fur aald 8ta cmatly appeared GRAN"f` P. KINCiSFt~RU and WILLIAM G, R~RCI~ .]R., known ttr ttu o be the Mayor and (;ity Cterk, respectively, of the Gity of MGridittrr that exectttat this itast mcr-t and the persons who exocucod the str~d instrument on bottftli of said eutpottrticxr, at-d tec wlaiged to the that raid City of MerldiaA axocvted the same. tN W!'I'N ~ S WHBttEOP, t have trcreunto set my hand ant! aft'ixeci my UffiClttl seai~ the ,day and year to thi certificate first strove written. _..,. _. _.,_._.r..__......._........ ~........._.~_.._....~ Notary Public for Idaho Residing at:~ ...__ (3C:A4~ ~ My Cummicsicm N~x~ir~:~,...__.__~..~.~.....~... ,,,, ,~._..," w.„__,~___. _ SUBD[V1StON bRVN1..OPMENT' AGft$f3lVrEN"1' Pale $ ~ Roylance & Associ .A. r~lneers • Surveyors • 4619 Emerald. Suite D2, Bolae, kiaho 83706 Telephone(208)336-7390, Fax (208) 336.7391 GENTLEMEN: dL44~ ~f~ 4[~aa~G~1044G1~ OATC i ~ 9 JON NO. / ATT~NTI ~i4 y~ ~c Y R~, Gt/c17J7~ ,•P ~ ST~~s' WE ARE SENDING YOU O Attached ^ Under separate cover via the following items: ^ Shop drawings ^ Prints ^ Plans ^ Ssmples ^ Specifications ^ Copy of letter ^ Change order ^ COPIES DATE NO. DESCRIPTION . iELcJ ~c~S THESE ARE TRANSMITTED as checked below: ^ For approval ^ Approved as submitted ^ Resubmit r~pies for approval ^ For your use ^ Approved as noted ^ Submit copies for distribution ^ As requested ^ Returned for corrections ^ Return corrected prints ^ For review and comment ^ p FOR BIDS DUE 19 O PRINTS RETURNED AFTER LOAN TO US REMARKS trlz~-`~ ~d~ T1fE SNA~r~ coPY • • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAMG.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer ~1 l I'~TY OF MERIDIAN MAXYERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. Clty Engineer `/ WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water Supt. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNY W. BOWERS, Flre Chief MERIDIAN, IDAHO 83642 planner s Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman • Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN 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: ~-~ REQUEST • ~...Vv~ G9 y 9 H HEARING DATE • 2~ ~ ~' 9~ LOCATION OF PROPERTY OR PROJECT: ~~, r 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 MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER• YOUR CONCISE REMARKS: 4 _ 1 - '-. • C ~_. nE~~1Jr=.ETr'Ci}t =Vi:~I~I~di~:IU2~1 nt'F`F:C;VAL PkELi11INA}zY !•'LA"i~ AAi' i ~JFi f~ 1NA!. F'LA'P F'LANI~I?riG At'iL~ '~~_~:4i1M~ is:QP]MI=~~~IUN `!'II.11~•;;'A6LE !=D}?_ :~IJE3MI'~~IU`•1: A rcc;ue~t iar• pl••el? fnl!Ye3I'y ~+1a* -:ups'::,~,~ai ,nu:st be in tt,r _ _tv ~:lErks pGSSesssor, r,a later r:.t,ar: 7t,ree days iGilGwir,c the 1••egular meetir,c~ o= the F~iar,ninu and ~:.Gn1r,g CGrnmission. l :!'!fie Pldnr,inn and GGr,1nC~ C:vrnrnlssion gill r,ea•r• the request at ~i i~ iJi ~.~~iJi~.i•_~ mac iiivit ~.i~ ~.,te f'B~~ju@st Wd~' Tnc~E'. •....,.. miter a F,ropGSal enter' the F,racess It may be acted upon at subsequent rnont'tily r~~eT_1r,Cr s F,ravlded the necessary prGGedures and dGGUmentatlGn are r•eGeived beiar•e 5:~~~D r. 19. , '1'hur'sd3y io1lGwZnc~ the F'lar,ninc~ ar,d ZGning CGrnrnissior, act.ian. GENERAL INFURMATICtN 1. Name of Anr,e.tation and ~ubdivis.ion, E,~/IoLFGUD~O ~~~C ~STA-TES s~~ nrv~'~ou ,Jv. r '~. General Location, ~~V'/ Le~Y ) S :3 ~ 'T3. ~R /uJ ~(i/57,ZG/~ t TE,~I ISLE :~. UWnEr~ of recar•d,__ FGl//~I//~.~t /~• Pt~+•fE~, •~ ~'i~5ff~4ti ~ IPR~zz Address, _ yip Telephone ~ . App 1 i c a n t , ~~~~ ~G,A.Ta ~s o .t~j~s ~O, t3~G lpciZ 5 ~o~ ~ v ~7 --~--- J. LfiL•]lneer'~ I~FIyZ/~ ~ /~DY~~N~~r'irm~~YC.~/1~G ~ 9~ ~"75SOG~, ,~.~. Address y(nf' ~ G//7~YL.,~G~J 7Y~.fl/C ~` p ~~~4~OTelephor,e ~ 3(0~'~ 3 `~ d ~. Name and address to receive City Gillir,gs: Narne~LLE".~/N `~ONNSDN~ ~~"~'-'T/tJ~~i@ Address~~ g0)C IDsLS~fJrS~~ Telephone ~7~-~'Z(a3 ~~N~~FLAT CHEC,IiLI~=~'1' ~uc~dsvis~n7O atu•res 1. Acres ~~~ 7 • ~~. Number of lots __y7 3. Lots per acre 3 ~ Z- ~. l:ier,sity per acre _ a ~. =Gr,inc~ t.'1ass121C3t2Dr, t s 1 _~~ e . y , ~, ~ • r.. Ii the proposed ~ut~division is outside the Meridian, City Limz~s but within the jurisdictional rryile, what is the e:~cisting zoning classirication w'/~ 7. Uces the plat border a potential green belt Y~,S 8. Have recreational easernents been provided for ~~5 y. Ar•e t)•iere proposed recreational amenities to the City 4i E5 E:~t p l a i n ~9/'~it/n'~i~ 1fA. Are there proposed dedications or common areas? f'~s Explain ~oP~ L.<JN/>~G~P1N(o Fo-r' future parks : ~[~ Explain~/ rr~~ 11. wr,at school (s ~ service the area /C~~~/fiU ,vl-5~ , do you propose any agreements for future school sites ~t/D , Explain 12. Otter' proposed amenities to the City ~ Water Supply Fire Uepartrnent Other Explain. ~.d'y' ~ f3LyGK S ~} /3 ~' I~~`~ L~',~r~~ ~J?c' A C'LrY GJ~~ ice. Type of Building (Residential, Commercial, Industrial ur combination) _ ~~S_~n~iy ~ .:Fr4L~ 1~. 't'ype or Uweilingts~ Single Family, Uuple:tes, Multiplexes, other' ~~Nlo LE' ~~~~LY 15. Pr•opased Development features: q//,~, a. t7inimum square footage of lot t s) , ! GP~~ sr Rt/~~2lf-f~~ b. Mir,irnurn square footage of structure(s) /y~~ SF c. Are garages provides for, square rootage N d. Are other coverings provided nor e. Landscaping has been provided for /, Describe ~•~) -' ., • • f. Trees will be provided iar /, Trees will be maintained ~~ ftOYy!€ ~~i.V~,j g. Sprinkler systems are provided for F Y 4G(.~NE~ 5 h. Are there multiple u•r,its ..BUG? Type remarks i. Are there special set back requirements N~ , Explain j. Has off street parking been provided for , E:~cplain Srv~~~' ~Mr:~~Y 2€~~©€iuc~s k. Value range of property ~~~, a~"'a o_ ~' 1. Type of financing for• developrner,t ~A-i(l ~ m. Protective covenants were submitted Yes , Latew ,E'FGxi!-t 16. L)oes the proposal land locl•: other property it/O , Uaes it create Enclaves i(JQ STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks a•re 'to be constructed to standards as required by Ada County Highway Uiszrict and Me•ridiar, Or•dinar,ce. Uirnensions will De determined by the City Er,gir,eer•. A11 sidewalks will be five (5) feet in width. ~'. P-rapased use is in conformance with the City of Meridian Carnprei,enszve Plan. ~i . -~ . °~ . ~~ . L)evelapmer,t will connect to City services. lieveloprnent will cGrnply with City Cirdir,ances. Prelirnina•ry Plat will include all appr•apriate easements. ~~treet narne~ mint ria•t can*f iict with City grid system. 1 .~ ) AUG-20-1996 11 29 RUBBLE ENGINEERING ~, `~ NUBBLE ENQINEERINQ, ~~ ~ a~eo stti.~ Court . Oohs. idr~o e~roo ti ~ SVAvE~ F.v~c TxfuvsMrrr.~. ^ Original to Follow ^ Origiur-al ~Xl Not Follow Date: z~ "X'O• 1 ~• FIRM• ' FAX NUMBER:._ $ g 7~ ~f g 13 # PAGES (including cover sheet): FROM: - -Q.e.~~ RE- 1 208 3?8 0329 P.01i05 INC. ~P3?2~2 • Foot 2~/d78~~g AUG 20 '96 11 29 1 208 3?8 0329 PAGE.01 1 208 378 0329 P.02i05 '`'~ r~ HUBBL.E ENGINEERING, INC. ~~ ~ 9550 Bethel Court • BOISe, laaho 83709 2081322.8992 • Fax 2081378-0329 August 19, 1996 Mr. Ray Patel Englewood Creek Development Corporation 8589 W. Brookview P.O. Box 6525 Boise, ID 83707 RE: Bond Requirements for Englewood Creek Estates Subdivision No. 1 Dear Mr. Patel: The following is a list of improvements and the bids so you can obtain a bond: • 6 street lights @ $1,500.00 each (Meridian) $9,000.00 • Pressure irrigation (Masco) $20,983.50 • Berm, landscaping, sprinklers (Metcalf) $16,100.00 (Lot 1 Blk 1, Lot 1 Blk 2, Lot 1 Bloc 3, Lot 1 Blk 4, Lot 14, Blk 4) • 10' x S80' pedestrian pathway along Nine Mile Drain (Rick Lane) $4,062.50 • ~ 1230 ft. permanent fence along Nine Mile Drain-both sides (Metcalf j $36 640.00 and 1060 ft. permanent fence (west & east side) , • 1240 ft. temporary fence (south side) (Metcalf) $12 400.Q0 TOTAL: Topsoil, if needed, for berms (Metcalfl $9,600.00 Enclosed is a written quote from Metcalf Landscape Contractors, Inc. Also enclosed is the pertinent sections from contracts by Masco, Inc. and Rick Lane Construction. Call if you have any questions. Sincerely, ~. , r_~ John J. ` k" Straubhaz, P.E. Construction Manager JJS/bh/1408.Itr AUG 20 '96 11=29 1 208 378 0329 PAGE.02 996 11 29 RUBBLE ENGINEERING ~~ UM~'A1E Cd1111AC1d11,1~ JOB PROPbSAL TO: pltO.lr'ECT NAME: DAT1E: LANDSCAPE INSTALLATION TO llVCLUl~E: Attu lack Stnibar Hi,bble Engineering 9550 Bethel Ct. Boise, Idaho 83079 Ph. (208) 32Z-8992 FAX (2U8) 378-0329 Englewood Creek Estates Ustick and Ten Mile August 19, 19915 1 208 378 0329 P.03i05 Sprinklers Berm and Landscape 15,8UU sc1. Ft. BASF: S 1 b, l UU.UU Wood Fepce Temporary Fake "Topsoil if needed 36.640,00 12,400.00 9,b0U. UO AUT)EIORXZLD SIGNATUIiL _ !LL MET LF BI!) ACCEY"fANGL~ 81GNA'CU It1L DATE BM.ra Bid is good for forty-five days. 'Thank yc~u) 2400 S. Raymond • Salsa. kJor~O 83709.3Z~6 Phone: ('108) 342~3~ 11 • FCx: (208) sOl.~vji AUG 20 '96 11 29 1 208 378 0329 PAGE.03 RUG-20-1996 11 29 1 208 378 0329 P.04i05 ~/11/9d NUBBLE ENGINEERING PROPOSAL RIC1~ Z~ANE CONSTRUCTION, LLC Experienced in all types of excavation and concrete work Rick Lane Off cx: (208) 467-7011 2400 11th Ave. N. Ext. Mobile: (208) 459-7490-17127 P.O. Box 466 FAX: (208) 466-8913 Nampa. Idaho 83653-0466 Residence (208) 467-3265 PROPOSAL SUBMIT' TED TO Englewood Creek Development Inc. Ray Patel 2626 Airport way Boise Idaho 83705 ENGINEER Hubble JOB NAME, DATE, LOCATION_ AND PHONE Englewood Creek Estates Meridian Idaho 6/29/96 PLAN DATE We hereby submit specifications and estimated for 4065 Lf Rolled Curb @ $3.50 per Lf 4065 Lf S' x S" Sidewalk @ $6.00 per Lf 1100 Lf Vertical Curb @ $5.00 per Lf 1100 Lf S' x 4" Sidewalk @ $5.50 per Lf 400 Lf 4' Valley Gutter @ $10.00 per Lf 3 Ea Catchbasin @ $350.00 per Ea 7 Ea Small Fillets @ $125.00 Per Ea 28 Ea Ped Ramps @ $50.00 Per Ea 20 Ea Mailbox Clusters @ $20.00 Per Ea 9 Ea Large Fillets @ $350.00 Per Ea 230 Lf Reverse Vertical Curb @ $6.50 Per Lf 625 Lf Meandering S' Walk @ $6.50 Per Lf SO Lf Driveway Approach @ $9.00 Per Lf Payment to be made as follows: Payment to be made on completion of said work, AUG 20 ' 96 1130 $14,227.50 $24,390.00 $5,500.00 $6,050.00 $4,000.00 $1,050.00 $875.00 $1,400.00 $400.00 $3,150.00 $1,495.00 $4,062.50 $450.00 TOTAL $67,050.00 1 208 378 0329 PAGE. 04 AUG-20-1996 11 29 ~ ~ ~ s~~.~~ , . r~onr. cm~ sseraz w: ~ ~~~ ~''~n9 com~'A` DATE: Jtute 28 , 1996 sDB~TTED ~ Ray Patel 9TRE$T ApD~Eg9 2625 2iitport pay .CITY,sTAT8r2IP Hoisa, Idaho 83'705 ENGINEER , Hubby 8hgirieering . t ..~ ~1 '' ~~ •.Y ] i ~~ .~! ~..1 . A u , y~ ~ A. L b ~ ~' ~. ~ ~~ ~ 1i"ia. ~ ( ~ + i 1 Irrigation ' 22) 8" CL2A0 23) 4" CL2~00 1162 if @ 7..20 8, 366.40 '~24) 3" CL2~OQ 800 1839 1! If ® @ 3,g0 2~ 25) 2" CL2 0 26) Irrigabion Servi es 180 if @ 2.90 2.60 5, 333.10 468.00 c ~ 45 ea @ 92.80 4,176.00 Gravity Irrigation 27) 8" C900 OVerflov •28) irz'i4a~ion Manhole 42 ea @ 11,70 491.40 29) 18" Irr'i anon pie g P 1 940 ea if @ @ .989.80 17 1p 989.80 30) Irriga~iotl Box 4 ea @ . 16,074.00 855.30 3,421.20 Drainage 31) 67" g ~5~~ qKp 32) Rip Rai 200 ea @ 164. S0 32,900.00 33) seepage Bed 3 1 ea is @ @ 1248.S0 22031 20 3 745.50 , 34) Storm mrain Manhol®s 5 ea @ . 22 031.20 •3S) x.500 Gal 9 & G T]C~p ~ 2 ~ @ 954.50 4,822. S0 36) 12" St ~ Dre#n a 170 if @ 2102.80 4,205.60 37) Pond B bbler ~ 1 ea @ 11.70 9 1,989,00 .38) 2" Sle~.ve 75 1! @ 77.50 977.50 39) 15" PVG zrr ~ AO) 8" CMp j ~ 669 if @ 5.80 13.90 435.00 9,299.10 ', 15 if @ 11.20 8.00 ' TOtaY 306_35 DQS8 NGT I~igT.ODE T8E ]i'OLYAwIMa : ~D.! uSr -'r. End T 4, 3 $ $ . 9 Q (1) = PERMITS OF ANY KIND. (2) MPACTION VEST FEES /~s~~3S0 . , 7'ot~4c,., ~3C0>oob.~ (3) "SITE DI SAL OF . (4) z dONCR$TE CO EXC ESS F ILL MATERIAL. (5) = D~tOP INLiRTS .. (6) ~ R~pLACBhHN'r +OF GVARD (7) cpxs~~tvc'r~ ' RAIL TF REQUIRED. BONDS . (8) GRASS CRS'T8 AV$RS FOR DRAIN F IELD (9) IIKPROVING STAG SEW . ' ER ACC$9S ROAD. ' a I - - • - •- ' i~.r. a .-. . . AUG 20 '96 11 30 1 208 378 0329 NUBBLE ENGINEERING 1 208 378 0329 P.05i05 P~tOP0~4AL ,' I: ~. 1 ' I i~ I i. ~~ .: ;, I, . I ~. /~. I ~ ICII 1! i 'I I . i ., TOTAL P.05 PAGE. 05 . ~1B".~t Bank IRREVOCABLE STANDBY LETTER OF CREDIT NO. S-0020478-9002 ISSUED IN Boise, Idaho on 20 AUG 1996 BENEFICIARY: APPLICANT: Meridian City ENGLEWOOD CREEK DEVELOPMENT 33 E. Idaho Avenue CORPORATION Meridian, Idaho 83642 2526 AIRPORT WAY BOISE, IDAHO 83705 AMOUNT: USD ***119,665.00 DATE AND PLACE OF EXPIRY: ONE HUNDRED NINETEEN THOUSAND SIX 20 AUG 1997 HUNDRED SIXTY FIVE AND 00/1C~0 Our counters. UNITED STATES DOLLARS We hereby issue our Irrevocable Standby Letter of Credit in favor of the above named beneficiary. CREDIT AVAILABLE WITH: First Security Bank of Idaho, N.A. International Department 119 N. 9th Street, 2nd Floor Boise, Idaho 83702 BY: PAYMENT AVAILABLE BY DRAFTS AT SIGHT DRAWN ON: First Security Bank of Idaho, N.A. Boise, Idaho 1. Beneficiary's certified statement, purportedly signed by a person authorized by the Beneficiary, stating that "Englewood Creek Development Corporation has not completed sewer, water, irrigation, landscaping, fencing and street lights on the Englewood Creek Estates Subdivision, Phase 1, according to the terms and conditions set forth in the executed Agreement between Englewood Creek Development Corporation and Meridian City." The certified statement must specify the conditions not complied with and that these conditions remain in noncompliance. 2. The original of this Letter of Credit. Drafts drawn under this Letter of Credit must bear the clause: "Drawn under First Security Bank of Idaho, N. A. Irrevocable Standby Letter of Credit No. S-00204`78-9002 dated August 20, 1996. " We hereby agree to honor each draft drawn under and in compliancewith the terms of this credit, if duly presented (together with the documents as specified) at our office on or before the expiry date of this credit. First Security Bank Intenrational Department 119 North 9fli Street (&3702) P.O. Box 7069 Boise, Idaho 83730 TeleE~hane 205-393-2175 FAX 208-393-2160 SWIFT Address FSBUU551 Telex 3789450 first sec bk A finmicia! services rompany of First Security/ Corporation '`' `~ RUBBLE ENGINEERING, INC. y 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 2081378-0329 August 19, 1996 Mr. Ray Patel Englewood Creek Development Corporation 8589 W. Brookview P.O. Box 6525 Boise, ID 83707 RE: Bond Requirements for Englewood Creek Estates Subdivision No. 1 Dear Mr. Patel: The following is a list of improvements and the bids so you can obtain a bond: • 6 street lights @ $1,500.00 each (Meridian) • Pressure irrigation (Masco) • Berm, landscaping, sprinklers (Metcalf) (Lot 1 Blk 1, Lot 1 Blk 2, Lot 1 Blk 3, Lot 1 Blk 4, Lot 14, Blk 4) • 10' x 580' pedestrian pathway along Nine Mile Drain (Rick Lane) • 1230 ft. permanent fence along Nine Mile Drain-both sides (Metcalf) and 1060 ft. permanent fence (west & east side) • 1240 ft. temporary fence (south side) (Metcalf) TOTAL: Topsoil, if needed, for berms RECEI'V~D au G 2 o tsss CITY OF MERIDIAN $9,000.00 $20,983.50 $16,100.00 $4,062.50 $36,640.00 $12,400.00 99~ (Metcalf) $9,600.00 Enclosed is a written quote from Metcalf Landscape Cor~tractcrs, Inc. Also enclosed is t_he pertinent sections from contracts by Masco, Inc. and Rick Lane Construction. Call if you have any questions. Sincerely, 1°. ~ John J. ` ck" Straubhar, P.E. Construction Manager JJS/bh/1408.1tr rug ~~ W1,6CAPE OOMIRACTOiIS, NlC. JOB PROPbSAL TO: PROJECT NAME: DATE: LANDSCAPE INSTALLATION TO llVCLUDE: Attn Jack Sttubar Hubble Engineering 9550 Bethel Ct, Boise, Idaho 83079 Ph. (208) 322-8992 FAX (ZU8) 37$-0329 Englewood Creek Estates Ustick and Ten Mle August 1 ~), 199b Sprinklers Berm and Landscape 15,8UU sq. ht, KASE: x 16,lUU.UU Wood Fence 36,640,00 Temporary Fence 12,400.00 't'opsoil if needed 9,60U.U0 AUTHORIZED SIGNATURE 1LL MET LF' HID ACCEY'L'AN~l; 81GNA'l'U RIB DATE - _ BM.rz Bid is good for forty-five days. 't'hank you! 2400 S. Roymond • Boise. ktoho 83709-3216 Phone: (208) 362-2111 • Fax: (208) ;i02-~V3i 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor August 13, 1996 Glenn Johnson & Rewabhi Patel Englewood Creek Development Corporation 8589 W. Brookview P.O. Box 6525 Boise, ID 83707 377-8263 fax 342-6592 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Re: Bond Requirements for Englewood Creek Estates Subdivision #1 Dear Mr. Johnson & Mr. Patel The following list of improvements are required to be completed and/or bonded before the plat will be signed. 6 street lights @ $1500.00 each pressurized irrigation -quote needed berm, landscaping, sprinklers -quote needed Lot 1 Blk 1, Lot 1 Blk 2, Lot 1 Blk 3, Lot 1 Blk 4, Lot 14 Blk 4, Lot 19 Blk 4, Lot 1 Blk 5, Lot 3 Blk 6 10' x 580' pedestrian pathway along 9 Mile Drain -quote needed 1230 ft. permanent fence along 9 Mile Drain (both side) -quote needed 1060 ft. permanent fence (west side & east side) -quote needed 1240 ft. temporary fence (south side) -quote needed Please submit the written quotes for the above noted items. You will be required to post a cash bond or a security bond of 110% of the cost of the uncompleted improvements. If you have any questions concerning these requirements, please contact me. Sincerely /~~ William G. Berg, Jr. City Clerk ** TX CONFIRMATION REPORT ** AS OF AUG 15 '96 12 30 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 06 08/15 -------------- 12 29 3367391 ------------------------- G3--S ---------- 00'44" --------- 001 ------ 250 ------- OK ------- ~ ~ry~, E~ ~~.. .._.- titi 5 ~~ - NSTICK ROgp 34 35 up.J. ~ ~ __ - y1. y N 89d06'49" i ~a J 2 ~ ~ e~ocx a ie w a ~ ~ 3 O n ~ ~ a zz /, "- O OQ 3 i _ i' ~ W aIOIX] ~' ~ ~ \ 18~ O,` q ~` ~ W _J ,1"f~ ~ a ~ w i a 1~ ~ S~,LS E ~ '/ e ~ - ~, E c ; ~'~ oRJ~ ` e t yJ0 W 3 ~ i ~ a r] a T ~y F- 5 2 5~ i i2 \~~ n b ~r~e' ] F 0 v ~~ ti y~P 2 ~~ v` .` 4. Z 1 i N~ ' ~ .t. ~ s ~p ` e \G N-2 ~i`' a r i .. F~ s open from SN-t b __- e a g ~ a 3 - ~ 0~ -3 ~~~.~ ~ riles ~.~.a,~i a -- ~t~~' 9 •~ loo Wmt FIPS STREET Uw~1T' (~l) a Z5p ~,,) ~ E4P5 S'T'Rb6T U6 NT (L) gp 3 66 NOTl3 Primary c~[e is 1/0 0l 38 kv In 3" conduit A-phas° B-phone C-phase Secondary ao61s is 3sc40 in 2" conduit secondary -------- Code ~' ~ O~U Typ° rencih/ Fre Feuer Field tormtlan: Meridian ~• owe: Western Lines Jon rn~ Englewood Creek Estates Sub N 1 _ o. JOD Desc U.ra. t0 39 l.Ot6 wo Rey. 09607093 0 . voltagQ Const. 34.5 kv OP. 34.5 kv Fier-No. LCST-04 4 By Date State County Diat. No. FatimvteA geb 7-t7-9s ID Ada 33 Completd Suction ToMnship Range Meridian Plat Mv- 3 3N 1 W B M . . Pl t M N R Fl F Fdr. 4k7P o. ( - o op l ) Work Order No. F„kmd 553-17 Fund. Locution w. Ordcr NA R Pertnieeion Feeder Map (F-FltE) Mop c°"t Pi e,~. ter- ~-u ^ II ^ O ^ 18507-49 1 45 217 048 ** TX CONFIRMATION REPORT ** AS OF AUG 15 '96 12 28 PAGE.01 CITY OF MERIDIRN DATE TIME TO/FROM 05 08/15 12 28 3367391 OFFICIALC_ WILLIAM G. BERG, JR.. City Clerk JANICE L GASS, CIry Treasurer GARY D. SMITH, P,E,. Clry Englnser BRUCE D. STUART. Werer works Supt JOHN T. SHAWCROFr, Wade Watar Supl. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES. P & Z Adm{nlstretor PATTY A wOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flra Chiel W.L. "BILL' GORDON, Pollee Chief WAVNE G. CRODKSTON. JR., At[omey August 13, 1996 ROBERT' D. CORRIE Mayor OfJ N .I M1! MB R~ WALT W. MORROW, Presklsnt RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Y COMMISSION JIM JOHNSON. Chairmen TIM HEPPER JIM SHEARER GREG OSLUND MAL.COLM MACCOV Glenn Johnson &I Rewabhi Patel Englewood Creek Development Corporation 8589 W. Brookview P.O. Box 6525 Boise, ID 83707 377-8263 fax 342-6592 Re: Bond Requirements for Englewood Creek Estates Subdivision #1 Dear Mr. Johnson & Mr. Patel The following list of improvements are required to be completed and/or bonded before the plat will be signed. 6 street lights aGD $1500.00 each pressurized irrigation -quote needed berm, landscaping, sprinklers -quote needed Lot 1 Blk 1, Lot 1 Blk 2, Lot 1 Blk 3, Lot 1 Blk 4, Lot 14 Blk 4, Lot 19 Blk 4, Lot 1 Blk 5, Lot 3 Blk 6 10' x 580' pedestrian pathway along 9 Mile Drain -quote needed -1230 ft. permanent fence along 9 Mile Drain (both side) -quote needed 1060 ft. permanent fence (west side ~ east side) -quote needed 1240 ft. temporary fence (south side) -quote needed Please submit the written quotes for the above noted items. You will be required to post a cash bond or a security bond of 110% of the cost of the uncompleted improvements. If you have any questions concerning these requirements, please contact me. Sincerely William G. B®rg, Jr. City Clerk MODE MIN/SEC PGS CMDtt STATUS G3--S 00'43" 001 248 OK NUB OF TREASURE VALLEY A Good Placc ro Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (108) 688-4433 • FAX (208) 88711813 Public Works/Buil~ng Dcperancnr (208) 881-22L1 Moron VehidelDrivers Licc°sc (208) 888-so<3 ** TX CONFIRMATION REPORT ** AS OF AUG 15 '96 12 27 PAGE. 01 CITY OF MERIDIAN DRTE TIME TO/FROM 04 08/15 12 26 12083426592 OFFICIALS WILLIAM G. BERG, JR., City C191k JANICE L GASS, ClryTraeourer GARY D. SMITH, P.E., Clry Engineer BRUCE 0. STUART. Water Woltcs Supt. JOHN T. 3HAWCROFT, Watte Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L STILES, P 6 Z AdnNnlstratai PATTY A. WOLFKIEL. OMV Supenrsor KENNETH W. BOWERS, Flre Chief W.L 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Atlomey August 13, 1996 MODE MIN/SEC PGS CMDtt STATUS G3--S 00'44" 001 247 OK HUB OF TREASURE VALLEY A Cood Place to Live CITY ~F MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 1?honc (208) 888-4433 ~ FAX (208) 887-0813 Public WorksBuitding Dcpartroeat (20~ 887-2211 Moror Vchiele/Orivers License (20R) RRR1W43 ROBL'RT D. CORRIE Mayor Glenn Johnson ~ Rewabhi Patel Englewood Creek Development Corporation 8589 W. Brookview P.O. Box 6525 Boise, ID 83707 377-8263 fax 342-6592 C:fN 1Nf:Il MEMBERS WALT W. MORROW. President RONALD R. TOISMA CHARLES M.ROUNTREE GLENN R. BENTLEY P~ JIM JOHNSON, Chairmen TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Re: Bond Requirements for Englewood Creek Estates Subdivision #1 Dear Mr. Johnson 8 Mr. Patel The following list of improvements are required to be completed and/or bonded before the plat will be signed. -- 6 street lights ~ $1500.00 each pressurized irrigation -quote needed berm, landscaping, sprinklers -quote needed Lot 1 BIk 1, Lot 1 BIk 2, Lot 1 BIk 3, Lot 1 Blk 4, Lot 14 BIk 4, Lot 19 BIk 4, Lot 1 BIk 5, Lot 3 BIk 6 10' x 580' pedestrian pathway along 9 Mile Drain -quote needed 1230 ft. permanent fence along 9 Mile Drain (both side) -quote needed -- 1060 ft. permanent fence (west side 8~ east side) -quote needed --1240 ft. temporary fence (south side) -quote needed Please submit the written quotes for the above noted items. You will be required to post a cash bond or a security bond of 110% of the cost of the uncompleted improvements. If you have any questions concerning these requirements, please contact me. Sincerely ~i~ William G. Berg, Jr. City Clerk X34 35 '~ 12 ~rth E ~~ ~J~• ~~ ~.~P 0 Q 0 w J Z w ~- loo Watt NPs STREET U6~T' ~'-t) .LSp W ~-} l~5 STREET U6 e-FT (L~ ~0 3 NOTESc Primary cable is 1/0 al 35 kv in 3" conduit A-phase B-phase C-phase Secondary cd~e is 3sc4O in 2" conduit secondary -------- Tax Code ~ ~ 0/ U Type Pole/ Trench Ft Wire Ft. Feeder Ft. Fleld Locat;an: Meridian Dist. ot>';~e: Western Lines Job rtl~ Englewood Creek Estates Sub. No.1 Job Desc (f ,G, t0 39 LOtS warNoReq. c9607093.0 Valtage_ Canst. 34.5 kv Dp. 34.5 kv Feeder-Na. LCST-04 4 By Date State County Dist. No. Estimated geb ~-,~-ss ID Ada 33 Completed Section Township Range Meridian Plat Map 3 3N 1 W B.M. Plat Map No. (R-FlLE) W k O Fdr. Map or rder No. 553- 1 7 Entered Funct. Location W. Order NA RfW Permission -+w Feeder Map (F-FlLE) Map 45 217 048 conc. P+~ R.R. r• J~~• 18507-49 1 .~rL~ '~j~'ry F tiyw F ryy~ ~ _ _ ~ WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers license (208) 888-4443 ROBERT D. OORRIE Mayas August 13, 1996 Glenn Johnson & Rewabhi Patel Englewood Creek Development Corporation 8589 W. Brookview P.O. Box 6525 Boise, ID 83707 377-8263 Re: Bond Requirements for Englewood Creek Estates Subdivision #1 Dear Mr. Johnson & Mr. Patel COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY The following list of improvements are required to be completed and/or bonded before the plat will be signed. 6 street lights @ $1500.00 each pressurized irrigation -quote needed berm, landscaping, sprinklers -quote needed Lot 1 Blk 1, Lot 1 Blk 2, Lot 1 Blk 3, Lot 1 Blk 4, Lot 14 Blk 4, Lot 19 Blk 4, Lot 1 Blk 5, Lot 3 Blk 6 pedestrian pathway along 9 Mile Drain -quote needed ft. permanent fence along 9 Mile Drain (both side) -quote needed ft. permanent fence (west side & east side) -quote needed ft. temporary fence (south side) -quote needed Please submit the written quotes for the above noted items. You will be required to post a cash bond or a security bond of 110% of the cost of the uncompleted improvements. If you have any questions concerning this requirements, please contact me. Sincerely William G. Berg, Jr. City Clerk ** TX CONFIRMATION REPORT ** AS OF AUG 14 '96 11 44 PAGE. 01 CITY OF MERIDIAN DATE TIME TOiFROM 26 08114 11 43 3367391 OFFICIALS WILLIAM G. BERG, JR., Ciry Clark JANICE L GASS, City Troasurar GARY D. SMITH. P.E., Cib Engineer BRUCE D. STUART, Walar Works Supt. JOHN T. SHAWCROFT. Waite Welar Supl. OENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrdl0f PAIN A WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chlaf W.L. "81LL' GORDON. Police Cnlef wAYNE G. CROOKSTON, JR., Anomey August 13, 1996 pl ROB' '~hn_ Glenn Johnson & Revrabhi Patel Englewood Creek Development Corporation 8589 W. Brookview P.O. Box 6525 Boise, ID 83707 377-8263 sir Re: Bond Requirements for Englewood Creek Estates Subdivision #1 Dear Mr. Johnson 8 Mr. Patel SOU CLL[~6"•EM6ERS WALT W. MORROW, PreSldenl RONALD R.TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Cheimren TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY The following list of improvements are required to be completed and/or bonded before the plat will be signed. 6 street lights ~ $1500.00 each pressurized irrigation -quote needed ^' berm, landscaping, sprinklers -quote needed Lot 1 BIk 1, Lot 1 Blk 2, Lot 1 BIk 3, Lot 1 BIk 4, Lot 14 BIk 4, Lot 19 Blk 4, Lot 1 BIk 5, Lot 3 BIk 6 pedestrian pathway along 9 Mile Drain -quote needed ft. permanent fence along 9 Mile Drain (both side) -quote needed ft. permanent fence (west side & east side) -quote needed ft. temporary fence (south side) -quote needed Please submit the written quotes for the above noted items. You will be required to post a cash bond or a security bond of 110% of the cost of the uncompleted improvements- If you have any questions concerning this requirements, please contact me. Sincerely William G. Berg, Jr. City Clerk MODE MINiSEC PGS CMD# STATUS G3--S 00'43" 001 182 OK HUB OF TREASURE YALLEY A Good Placc to Live CITY OF MF'~IDIAN 33 EAST ID NtERmIAN, ID Ao Phone (208) 888433 • po S~`/t®~ Public WorisBuilding r a Moror VehicldDrivr C'o~0 ~~~ xNOfe ENGLEWOOD CREEK ESTATES DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS Dated: June 20, 1996 Recorded: Instrument No.: The undersigned, being the owners of the property hereinafter described, hereby adopt the following protective covenants in their entirety to apply to real property subdivided and contained in an estate to be known as ENGLEWOOD CREEK ESTATES, being a portion of Government Lot 1, Section 3, T3N, Rl W, B.M., Ada County, Idaho. ENGLEWOOD CREEK ESTATES is subdivided into single family residential lots in compliance with the local and state regulations and laws. The following covenants shall run with the land and be in force and effect for thirty (30) years hereafter unless sooner terminated by agreement of the owners of seventy -five percent (75%) of the lots in the estates and are as follows, to wit: (1) No building, fence, wall, structure, improvement, or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval there containing the plans and specifications thereof including exterior color schemes, has been approved in writing by a majority of the Architectural Committee or by its representative designated by a majority of the Committee. The approval of the Committee shall not be unreasonably withheld if the said plan and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. The floor area of a one story house in this estate shall be a minimum of 1500 square feet and the ground floor area of a split entry or a two-story house in this subdivision shall not be less than 1000 square feet having a total of a minimum of 1800 square feet. No residence shall be in excess of two stories. All area requirements shall be exclusive of the garage area and shall be well constructed of good quality material and workmanship. For the purpose of these covenants, eaves, steps, and open porches shall not be constructed to permit any portion of a building, on a lot to encroach upon any other lot. All buildings shall be provided with architectural type shingle roofs or a similar alternate approved by the Architectural Committee. Fences shall not exceed the height of 6 feet on any lot and shall not exceed the height of 3 feet within 20 feet of any street without express approval of the Architectural Committee, and the City of Meridian, and shall be properly finished and maintained. No fencing or obstructions shall be built within the Nine Mile Creek easement. 1 Englewood CreekiCCR The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, noxious or nuisance use exists. At least ten (10) days prior to any construction being commenced, two sets of plans and specification shall be submitted to the Committee. Both sets of plans shall be marked with any pertinent comments, dated and receipt acknowledged by the Chairman of the Committee with one set returned to the owner within five (5) working days of receipt. (2) No building shall be located on any easement or lot nearer to the front lot line or nearer to the side and rear lot lines than the minimum building setback distances as set forth in the Meridian Zoning Ordinance, however, in any event no building shall be located on any lot nearer than twenty (20) feet from the front lot line and fifteen (15) feet from the rear line nor nearer than five (5) feet per story to any side line. (3) Construction of any residences in the subdivision shall be diligently pursued after commencement thereof, to be completed within one (1) year, including landscaping. Each house shall have at least one ornamental tree of at least 6 feet in height in the front yard and at least one evergreen tree with a minimum of at least 2 trees total. All lawns shall be installed with an underground sprinkler system. (4) No building shall be moved onto the above premises. (5) No shack, tent, or trailer house shall be used within this subdivision for permanent or temporary living quarters. (6) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be an annoyance or nuisance to the other property owners in said subdivision. All homeowners shall sod the front and side yard and be maintained to a maximum of 4 inches high. (7) Keeping or raising of farm animals or poultry shall be prohibited. All dogs or cats or household pets kept on the 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. pets may be kept at one time, except that a litter weeks old. Not more than two dogs, cats or other of young may be kept until 8 or nine 2 Englewood Creek/CCR No business shall be conducted on the above property. No signs shall be installed to advertise any business. No oil exploitation development shall be permitted upon the lots in this subdivision. (8) Only one outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other building on said property and must be approved by the Architectural Committee. (9) Easements for installation and maintenance of utilities and drainage facilities are reserved for the areas as shown. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction of flow of water through drainage channels in the easement. Easement areas and all improvements on them shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. (10) All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to the public sewer service. (11) No sign of any kind shall be displayed in public view on any building or building site on said property of more than six square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during the construction and sales period. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the Declarant or its agent may post a "Sold" sign for a reasonable period following the sale. (12) No lot or building site included within this subdivision shall be used or maintained as dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc. shall be maintained in a sanitary and clean condition. Parking of boats, trailers, motorcycles, trucks, truck campers and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, to other approved enclosure, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property shall be prohibited except within garages, carports, or other approved areas. The Architectural Committee shall be the sole and exclusive judge of approved parking areas. Their decision shall be final and binding. No machinery, building equipment or material shall be stored upon site until the Grantee is ready and able to commence the construction with respect to such building 3 Englewood Creek/CCR upon which such building material shall be placed within the property line of such building site upon which the structure is to erected. (13) Installation of radio and\or television antenna is prohibited outside any building without written permission from Architectural Committee. (14) These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of the recording hereof, after which time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument, an instrument signed by the owners of 75% of the lots of the subdivision has been recorded agreeing to change or terminate said covenants in whole or in part. (15)Right of Enforcement: The power and authority from time to time, in its own name, on its own behalf, or on 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 of incorporation or by-laws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise all provisions hereof. Any owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charge now or hereafter imposed by the provisions of this Declaration. Failure by owner to enforce any covenants or restrictions herein contained any shall in no event be deemed a waiver of the right to do so thereafter. (16) A committee of three persons shall act as an architectural design committee and shall, prior to any new construction in the subdivision, be furnished with detailed plans of any proposed building to be located in said subdivision and shall be allowed fifteen days to review said plans, drawings, and specifications. If said Committee shall approve of the proposed building, or any modification or alternations thereof, they shall so indicate and their approval shall be construed as full compliance with the provisions of Paragraph I of the original Covenants, said Committee shall have sole discretion to determine what shall be substantial compliance with said covenants. No buildings shall occupy any portion of said subdivision without the approval of said committee. The initial committee shall consist of the following: 1. Ray Patel 2. Rick Thurber 3. Karshan Patel A Majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining 4 Englewood Creek/CCR c committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of whom will serve without compensation. (17) Invalidation of any one of these covenants shall in no way affect any of the other provisions which shall remain in full force and effect. (18) A Homeowners' Association shall be duly formed by the developers. This association, in the form of a non-profit Corporation, will be for the purpose of owning, maintaining and operating an irrigation distribution system for the subdivision and maintaining common areas as delineated on the plat. Said Association to be responsible for light maintenance of storm drain facilities and ACRD will be responsible for heavy maintenance. Membership in this Homeowners' Association shall be mandatory and continuous by all current and future property owners of the subdivision. Mandatory dues, levied on each homeowner, will be paid to the Association. Said amount to be determined by the Association and changed from time to time as needed. Said association to be dedicated to the welfare of all property owners in the ENGLEWOOD CREEK ESTATES. In Witness Whereof, we, the undersigned owners the property in the ENGLEWOOD CREEK ESTATES have hereunto set our hands on this 27th day of September, 1996. ENGLEWOOD DEVELOPMENT, INC. BY_~~'?~~Y~~'~c ~ ,President STATE OF IDAHO ) ss. COUNTY OF ADA ) On this ~ ~ ~ day of . ~ ~ t- , 1996, before me the undersigned, a Notary Public in and for said State Of Ida o, personally appeared ~' . ~,' , / ~~~. (~~ and acknowledged to me that they executed the within instrument for and in behalf of said Corporations. In witness whereof, I have hereunto set my hand and seal the day and year in this certificate first above written. ~ .e l m ~' ~ • ~• " * ti ~° '• p uBti ~; s ••.....•• 14~'. TAT E 04 ~~•'~ 4•~•a..ii.~ta .~~ ~~ fir(- < </ Notary Public of Idaho Residing at Boise, Idaho Englewood Creek/CCR