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Fawcett's Meadow Subdivision FP ~FfUB OF TREASURE VALLEY OFFICIALS A GOOd PIaC2 CO LIVC COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk i S CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE neer GARY D. SM TH P.E. Clty Eng WALT W. MORROW BRUCE D. STUART, Water Works Supt. waste water suet. JOHN T. SHAWCROFT 33 EAST IDAHO SHARI STILES , KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN Planner 8 Zoning Administrator W.L. "BILL" GORDON, Pollce Chief , t?Q p JIM JOHNSON y WAYNE G. CROOKSTON, JR., Attorne ( ) • ( ) Phone 208 888-4433 FAX 208 887-4813 ~~~ 1 y Chairman • Planning S Zoning Public Works/Building Department (208) 887-221 I GRANT P. KINGS~'ORD , ~ L ' 1 I~ 7~ Mayor ~) /'~ egg gr ~ y p~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Fawcett's Meadow Subdivision BY: Ronald Henrv LOCATION OF PROPERTY OR PROJECT: Meridian Road and Overland Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: i ~ • _ **# ADA COUNTY DEVELOPMENT SERVICES ~ ~~ 650 Mair ~, Boise, Idaho 83702 „ o ~~ BUILDING DIVISION - Phone: (208) 364-2277 PLANNING & ZONING - Phone (208) 364-2277 March 21, 1994 Mr. Ronald L. Henry Meridian Meadows Partners 214 S. Cole Road Boise, Idaho 83709 RE: Subdivision Narne Reservation - FAWCETT'S MEADOT^] Dear Mr. Henrey: At your request I will reserve the name "FAWCETT'S MEADOWS" for you to use in place of "Fawcett's Meridian Meadows". I can honor this reservation only as long as your project is iii the approval process. Final approval can only take place when th.e final plat is recorded. Sincerely, John E. Priester, P.E.L.S. County Engineer JP/jP SUBDIVISION EVALUATION SHEET Proposed Development Name MERIDIAN MEADOWS SUB City MERIDIAN Date Reviewed 01/03/94 Preliminary Stage ~~R Final Engineer/Developer J. Reese Leavitt Engr. / Meridian Meadows Partners The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. must have permission to use name R. ..!~-~ Date 1- 3 - The Street name comments listed below are made by the members of the ADA C----I~ STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The followin¢ existin¢ street names shall appear on the vlat as: "S. MERIDIAN ROAD" "E. CALDERWOOD STREET" "E. OVERLAND ROAD" "W. OVERLAND ROAD" The followin¢ new street name is approved and shall appear on the plat as: "S. FAWCETT WAY" "E. LOMBARDI STREET" "S. 10 MILE CREEK TRAIL" cannot be used because "TEN MILE CREEK ROAD" already exists. Please choose another name and have it approved by the street name committee . 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 COIINTY STREET NAME C0MMITTEI Ada County Engineer John Prieste Ada Planning Assoc. Meridian Fire Dept. Terri Raynor t DESIGNEES Date ~ 3 Date Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada Count? Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!t Sub Index ~ Street Index NUMBERING OF LOTS AND BLOCKS OL- ti~" l -~ ~ _ `r~L ~J 16 01 FROM CITY OF MERIDIAhI TO 3764231 P.07 SUBLIIVISI~IV ~VAI~UATIQN SHEET MAY 1 6 Q19t9n~i n ~~ ~~ ~~~Il~ii/LSr~~ Proposed Development Name .FAUCETT'S M,.~ADQWS N0. 2 City ME~IDIA,i,~ bate Reviewed 3124194 „Preliminary Stage XXXXX Final. Engineer/Developer ~ I~ggce Lea~ci~Er~gr 1 Ronald ~lenrv The following SUBDIVISIQN NAME is approved by the Ada County Engineer ar his designee per the requirements of the IDAHO STATE CODS. ~-. rrniat he recorded in numeric order `~ Date '~t'rl~~~ The Street ngme comments listed below are made by the members of the AbA COUNTY STREE"~ NAME COMMITTEE sunder direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The followina existing street names s II a p®a_r on th~nlat as: "S MERIDIAN RQAD" "E OVERLBNO ROAD" ' "W QVE~LAND ROAD" Th.~ followina new street names a~e~poroved and shall aooear on the plat as: ___.___ _ _- "S FAUGETT WAY" ____- _ __ _ - "~, QRANVILLE AVENUE" "E 31EM8EN STREET" "E DANA CdURT" ____ - 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. CdIVIMIY7EE, AtiENCY R ESENTATIVES OR DE$It3NEE5 r Ada County Engineer John Priester Date S ! Ada Planning Assoc. Terri Rayner " Date Meridian Fir District Representative Date NOTE: A copy of this evaluation sheet must be presented to the ~~~i~" ""aunty Engineer at °~-~ ~.. i.L~1..~" ,. :;i)F{TIER ~ 'R J. D':Vii) ;.1`'..I;f;0 " B01 S L' I U PIONEEfl TITLE CO. A Pioneer Company PIONEER TITLE COMPANY ' OF ADA COUNTY '~t~ ~~J~~ 1~ ~'~$88~Ioa~Cole Rnad / Boise, Idaho 83704 / Telephone (208) 377-2700 FEE_Gr_~._. ~ ..~ -.r RECORUcU kl .'iii nC!iUEST OF {~ 13133H ~ • WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED WILFORD HAMILTON FAWCETT III AND BARBARA ANN FAWCETT, HUSBAND AND WIFE Grantors , do hereby grant, bargain, sell and convey unto R & R DEVELOPMENT COMPANY LIMITED, A LIMITED LIABILITY COMPANY the Grantee ,whose current address is: 6301 N. CHARLESTON, BOISE, ID 83703 the following described real property in ADA County, State of Idaho, more particulary described as follows, to-wit: SEE EXHIBIT "A" ATTACHED AND MADE A PART OF BY REFERENCE -------. ~S 6 ~ . RWpAI~/IPPi11dV® ~ TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee ,and Grantce heirs and assigns forever. And the said Grantor ado hereby covenant to and with the said Grantee the Grantor a are the owner sin fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ;and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes ircigation and utility assessments, (if any) for the current year, which are not yet due aid payable; and thrat(i:oaa~ s ~W~d~~}~~~Rx{tsmira9nrkatanevsa:x Unpatented mining claims, reservations or exceptions in Patents or in acts authorizing the issuance thereof, water rights, and Dated: June 08, 1994 claims or title to water, and that Grantors will warrant defend the Dame from all lawful claims whatsoever. '~- ' '~e/,~,~~,K,-E'er' ~'u~~~~ ~~ ~~~~~.~"~-~a' urT.i:nun uaMTi TUN .FAWCETT_ III ~ ,,~ ~A~BARA ANN FAWCETT ~gp,~Hp•.. `. ~~ County of ADA , ss. neOTT\ i7 CL`T T T.C ~`I On this`', j 0' • daffy of.~t,1t1P~ ~~' ~` `' , in the year of _ 1994 ,before me ~ , a notary public, per- '" I;onally app ~ 1 ""^~ - RARR RA °1 FA ~ P • ` kriowt?or ided to,ntc foie the person $yvhose [tame s- Arn subscnbed to a wuhm instrument, and ~~Cltno led ~~ 1hffi : th~extxttted the same. ~'r~ B why °j •~.,....... No Public: ~ • Residing at: ' My Commission Expires: 10 28 99 JUIV Ll ' `14 YJC • icl ~ 1 P lul Icu. 1 ~ ~ ~-~- wl u ~ u ~ ~ `~ ' '~ ' A plonaer Company B ab1~N'~R'11Tl.E PIONEER TITLE COMPANY • OFAOACOUtYTY ,gri JUIJ ~ ~ f'f'I i y 888 North Cole Road / Bone, Idaho 83704 / Telephon~208) 37'-2700 ' RPC01:'v:.:~! ~:'..LIIEBT OF Q WAp:RANTY DEED • ~iD1VIDUAL) POR VALUE RECEIVED JACK R, SIEMSEN AND CAROLYN G. SIEMSEN, 1NSBAND AND WIFE Grantors , do heroby Ermt, bar8aia, Bell and ^onvey unto R b R DEVELOPMENT COMPANY LIMITED , A LIMITED LIABILITY COMPANY P.O. Hos 4211 the Orentee ,whale current address is: ,BOISE, ID 83703 the followittE described reel property In ADA County, State of Idaho, mom particulaty described u bllowi, to-wit: A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANtiEl EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICUTARL:t DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE SOUTH 00 DEGREE SS'00"WEST, 1908.92 FEET TO THE POINT OF BEGINNING THENCE SOUTH 00 DECREE 55'00"WEST, 194,50 FEET; THENCE SOUTH 89 DEGREES 59'15° EAST, 1121.82 FEET; THffi1CE NORTH 00 D$OREE 46'50" EAST, 194.49 FEET; THENCE NORTH 89 DEGREES 59'15" WEST, 1121,30 FEET TO THE POINT OF BEGINNING ~~~~ , y.. .,~. t I1+; ~,' ~`. ~• N .' r TO HAVE AND TO HOLD the acid premita, with their appttrtenanccs aloe the said Grantee . Gad Oreatee heir and assn forever. Aad the said Grantor ado hereby coveosnt to and with the said Otstttee , the Cireclwr s are the owner s is fee simple of said premises; that aid premises are flee fmm all encumbrances, EXCEPT those to whlch this coavey.nce is exptesaly made snbjea and thole made, snf>tered or done by the Grantee ;and subject w reservations. restrictions, dodieadoru, easements, rijhU of way end eeteemeau, (if aqy) of record. and 6~+- taxes and assessmenu, wW watrsatu amend defend the uma from~all~iawfi~il)ciaims whauoeror. ' which ate Got yet dtu std payable, and that Gratiror Dated: Jura 20 ~, 1994 CK R. SI ~ , /! i o. CAROTLYN G, SIEMSEN Couaty of Ada , ss. la the year of 1994 , before ~ David E. Sells :notary public, pets ' ~ I..Y ~ i~•l~howsyot i d mo Uis' 8o the person ABrhose name L Jr~ snbttribed to the within lastcumeat, and ' "''t~dal~ed ~ ~,op ~ exetnted the same. -• "~ .,j• ~j ( ~ ~ . . '~ fi , ! ~ .•• '1 „~ , '"" d My Commission Espitea' 10-28-99 .j t. "... 1 •~ , EXHIBIT "A" P130076 PARCELI., A PARCEL OF LAND IN.THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE SOUTH 0 55' WEST 1519.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0 55' WEST 194.50 FEET; THENCE SOUTH 89 59'15" EAST 1120.78 FEET; THENCE NORTH 0 46'50" EAST 194.49 FEET; THENCE NORTH 89 59'15' WEST 1120.26 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF LAND CONVEYED TO THE STATE OF IDAHO BY AND THROUGH THE IDAHO TRANSPORTATION BOARD FOR THE DIVISION OF HIGHWAYS AS DISCLOSED IN WARRANTY DEED RECORDED OCTOBER 27, 1987 AS INSTRUMENT N0.8758722. PARCEL II A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE SOUTH 0 55' WEST 1714.42 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0 55' WEST 194.50 FEET; THENCE SOUTH 89 59'15" EAST 1121.30 FEET; THENCE NORTH 046'50" EAST 194.49 FEET; THENCE NORTH 89 59'15" WEST 1120.78 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF LAND CONVEYED TO THE STATE OF IDAHO BY AND THROUGH THE IDAHO TRANSPORTATION BOARD FOR THE DIVISION OF HIGHWAYS AS DISCLOSED IN WARRANTY DEED RECORDED OCTOBER 27,1987 AS INSTRUMENT N0.8758722. END OF LEGAL DESCRIPTION ACKNOWLEDGMENT -Attorney in Fact STA'fF, OIL inAHO , Cou:;ty of ADA , ss. ..s, ; . On this, ~ ,10~h~.. ~¢ygf JllNE , in the year of ~- , befi~re me .; ~, _•;t. n.'David E. Sells , a notary public, "••'• "~fBARBARA ANN FAWCETT per~n~ARy,appga~ed •' •~ known or~de{t~Cified ~~n~,re 'r.tse the person whose name is subscribed to the within instrument as the attorney in fact of'~ ~ W~T ;ttD MILTON FAWCETT III - - ti. _ r+ -- and ahlutow~dl;ed~o m@ that ~e subscribed the name- of WILFORD HAMILTON FAWC ~ T I thereto as Residing at: _ MERIDIAN~IpAHQ-___-___---..----------__ _.___-- Commission Expires - 10-28-99 r.. i•~ ~ ~ REGIUE5'1 FCIR SUBUIVT~ION APPRCIVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNIJJG ANU ZONING COMMISSION , TIME TABLE FOR SUBMISSION: A request far preliminary plat appr•aval roust be in the City Clerks passession na later tt,an thrFe days following the regular meeting ui the Planning and Zoning Carnmission. The Planning ar,d uriin~ Cornrnissior, will hear the request at tt,e manthly meet=.r,q follawing the month tt,e request was made. After a proposal enters the process it >ray be acted upon at subsequent mor~tt,ly meetinns p•r•ovidEd the necessary procedures and dacumer,tation ar•e received before 5:00 P. M. , Thursday follawing the Planning ar,d Zoning Commission action. GENERAL INFORMATION • 1. Name of Annexation and Subdivision. ~~~~C~~'.S M~~~D~`~ 2. General Location, M~~-Ij~l~ ~~'~ ~ O~C~°.C.6~tJ,p 3. Owners of record ~~ ~ ~E~~P~~~+C~p~y~ L~ ~y.8i~ L. i-l-eTl,s?..T ~ 2-(c~ ~,eD s BP_.oW 1~) DSq' M~+PiA,JM~pGoa1S pf},2~vt~ras B37o`h• Address, 2l4 5. Co~e'"2o. ~?yist; Zip elephone 370 --7Z3$ 4 . App 1 i c a n t. I~ f't4-~ 4 le Address , ~O/ C/-~72(.CS$`T~~ ~'- ~lSSt~" 5. Engineer. .J . (ZC~C~' r' Ff~•1~L't-'T' Firm .~. ~r3 ~=~Nt"f/? ~16//~E~~~r Address ~.0. L3DX, Z32 , MC.-Z,13d} ~ Zip~Te.lephone `-1'~v~J• -~~0~(7 6. Name and address to receive City billings: Name/y~~D/ihr/ M E'f?-Do tn~s P~i'~/~- 5 Address 2i4. So. Ct~ L~ /mil 7 elephone ~7 ~ `-7Z3S ~is~ , 83~0~ PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres ~ 4.2-. 2. Number of lots 3~ 3. Lots per acre 2. •~ s 4. Density per acre ._ Z-•~ ~ 5. .Zoning Classif icati ~n (s) r~~ ' ~ ~ 6. If the proposed subdivision is outside the Meridian City Limits but within the ~urisdictiona ile, what m is the existing zoning classification ~ ~ 7. Does the plat border a potential green belt ~/ l: S 8. Have recreational easements been provided for YES 9. Are there proposed recreational a menities to the City ~~ Explain ~/krE' PATS-/ oN ~'~ry ~3C~T -_ 10. Are there proposed dedications of common areas? N~ Ex p 1 a i n ~VI... LOT ~ G~~/E~- C'At,l~C ~.P~' G!?i1/~VIGG1~c'~ fvt2 S~W92- ~f}S'pN~7~i,,, For future parks?~ Explain -~'V- C `,~EWt~- ~ ~ 11. What school (s ) service the area - _ / Ml-~-1 D~ ftY~/ do you propose any agreements for future school sites ~a Explain 12. Other proposed amenities to the City Water Supply ~~ Fire Department ~\~!2/}~^rt` Sy ~ ~,,, Other _ , ~~Lt/i~-~ Ex p l a i n 13. Type of Building (Residential, Commercial, Industrial or combination) 1ZrcS.f7~`T7fi-t-- 14. Type of Dwelling(s) Single Family. Duplexes. Multiplexes, other S,i,JG t_ L 15. Proposed Development features: a. Minimum square footage of lot (s) , ~~Oo O b. Minimum square footage of structure (s ) I~c~O S~: t-~-• c. Are garages provides for, square footage__~~. d. Are other coverings provided for ~U e. Landscaping has been provided for _, Describe 1~0-+~~ ou/n~- ~sPaJ'Usi~3r~' Fr~2 ocyi/ ~0~, ff~'txclnl~S ~v5o~l H'hgnl ~ l.~MV PS~A-~ ~C' ~'I ~1-ini`7'~/~l C~ M aN ~'~'9-. t2) i • ~. f. Trees pill be provided for ~ Trees will ~be maintained IN ~1 M~ By ~~~~~ g. Sprinkler systems are provided for ~, PASS b}Gµ(,a ---T-~~ ~~_ •-- h. Are there multiple units ~ Type remarks i. Are there special set back requirement±s y~~ Explain _ _ bNL,~/ ~'L61JG ~D /ill L'C D.~~T/~ ~. Has off street perking been provided for ~~ .Explain k. Value range of property ~ z-1~,~~ "fa ~ X00 1. Type of financing for development 51'C~" /M~P~'bd~'tivj~7[' G:d~ ~/ m. Protective covenants Pere submitted yL~.Date 16. Does the proposal land lock other property yes ~ IL~~o%/Cm ~~ Does it create Enclaves N'O. PUL'El-E•~~i~~" ~T3 ~k ~• STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five t5) feet in width. 2. Proposed use is in conformance pith the City of Meridian Comprehensive Plan. 3. Development pill connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system: t3) J. ESE LEAVITT ~ ~-•~• V\iW V D W CML/STRUCTURAL CONSULTANT June 22, 1994 City of Meridian Engineering Department 33 East Idaho Avenue Meridian, Idaho 83642 Reference: FAWCETTS MEADOWS SUBDIVISION Final Plat ,Improvement Drawings, & Engineers Report Gentlemen: The Final Plat, Improvement Drawings, & Engineers Report conform with the approved preliminary plat and the requirements and conditions specified by the City of Meridian and other approving agencies. The Final Plat, Improvement Drawings, & Engineers Report also conform with the City of Meridians Zoning and Development Ordinance, and acceptable engineering, architectural and surveying practices and local standards. Please call if you have any questions or need additional information. Sincere J. Reese Leavitt, P.E./S.E. Civil/Structural/Vllelding Engineer cc: Ron Henry File: 2MER P.O. BOX 232 MELBA, IDAHO 83641 208/495-2515 0 ~i FAWCETT'S MERIDIAN MEADOWS SUBDIVISION ST LUCU1 DR ~~ ~` VICTORY RD. 1000 500 0 1000 2000 3000 SCALE IN FEET VICINITY MAP I i ~~~~ SCALE: 1" =1000' • 1= % ~a ~~ ~ ~~ _%~ ~ ~ t ~~ ~~ ~ ~ @ ! , r ~ ;a ; $aaaaaaaaaaaaaaa=aaaaaaaaaaaaaaaR=tae ~ ~ ~ ~ x ~, e _ `qyR~{pR ~ :~saaaaatax.~aa ~~Qjj ~~ ~ is t~t ~~ ~ : ~~ ~Q ~~ _~ ~ saaaaa911~aa2aaRaaaataaaaaa7~a~aaataaa `~ ` !I ~ii _ ~~ g;.~ +~~ ~~ ~ ~~ ~ gk~ ~1 ; ~aaaaaaaaaa~aaaaaaaaa~aaaaaaa~aaasaaa ~~~~~~~~~~~~ ~~ ~k~ 93 ~~ a~ ~~. ~~ g% ~~ ~~ ~1 ~1;1 u ~aaaaaiia~i~aa~aa~aa0~a~~0~aaii~ii~a0 ~~:.,:::.:::zrf,=: y~ ~~~ ~( ~~ : ~r s~ ~ ~~ ~ p~ `~~ ~~! ~.ww•..w..trf4i0rCNtArRZZ~tAta~rrrNx~la ayy~~~r~a~M~'tie~pp~ ±~±~~~ ga~~a~ `eat ~ ~k f~~ ~~ i~ f~l %~!i i~ §I 4~ lti i~ tf~ !Yi ~ ~ ~ ~ k • ~ . • . • • ! d 7 tanwwn^aa~w e n. un - umro ~.ian. au yd p fncw .y6srm O ~{ F y~ $ g ~~ , ~ ~ ~~ ~ \ .~ w a ~ = a ~ ~ ~r ' I~ ~ a~ d a p 33 I_ O. I ; •t~ ~ (~ ~ r ~ 6!. W ~ I ~ ~ ®o ~~ ~~ I o~ oa I Oa ~ 3 ~~ ~ 0^®••o ~ 1 l ~~ 4Yi~,t y 4 ;wI x i ~ ttL ~y3i ~ ~ ~~ ~ ~~ ~ ~~ ~ Q~ Of i O~ t ~ . d '~ i xw~ SiaKOO L -~ w. • iC - z r....a. • ~... ,se. ~ a ~vwgN uns - br r«ianon Y z w.s u.ww~ .OEM I~ >?/~~T DEVELOPMENT' AGREEMENT ~~e THIS AGREEMENT, made and entered into this I day of ~~1GvS T" , 1994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and /vi1c121D~~1 /~I~A001Y5 O~l/F49~°M€y-~P: LTl~, party of the second part, hereinafter called the "DEVELOPER", .whose address is (03 O I N . C+4 ~-2(.ESTa~ PL . , BDI Ste. 2j; 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 ~-4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridiar- Planning and Zoninf, Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and ~A~11 Ge'T~T' ~ ~/I ~~Oou.~S SUBDIVISION DEVELOPMENT AGREEMENT Page 1 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 C1TY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least ~ ~ O~_ square feet of floor space, exclusive of garages. ~ ~vv .~y~-tir,~r,~ 3. That the property zoned ~~, described in "Exhibit A ', shall have lot sizes of at least ~'G~t'7~9rxrsA~vG (~, CbD) square feet, which is the size re resented 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 the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat apps oval, 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 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, cor,;truct and install all sanitary sewers, storm drains, pumping stations, water main. and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall ~~~T s /~9~rr~cl-s' SUBDIVISION DEVELOPMENT AGREEMENT Page 2 also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the i"iled 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 reyuired and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and, vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct 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, c instruct said needed SUBDIVIS~ ~N DEVELOPMENT AGREEMENT Page 3 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 D1VELOPER has been notified in •Nriting 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. l2. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the reyuirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of OccuF~ 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 raid 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 eyuity. 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. ~~~ l4. That DEVELOPER a ree.e to and does hereb rant a c~ interest in the g Y, g tY land which is the subject of this Agreement, to secure the installation of all improvements inclu~?ing, 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 SUBDIVISION DEVELOPMENT AGREEMENT Page 4 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 reyuest 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 CI'T'Y may also require surety bonds, irrevocable letters of credit, cash deposits, certified che~;ks 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. l5. 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 savic~gs 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 consuvction 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 casts 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 Occu cv will be issued until all improvements are completed, unless the CI'T'Y and the DEVELOPER have SUBDIVISION DEVELOPMENT AGREEMENT' Page 5 entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of OccupancX 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. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: City Engineer City of Meridian 33 East Idaho Meridian, ID 83642 DEVELOPER: M E1Zi D~/h-N M~,t1 l7D~ S ~l-~~M~~1~ /NC j X 3 0 1 N. G I-~ F~k:t~_ L, ~`~5~, ~. 43 37 0 3 19. That DEVELOPER agrees tv pay all recording fees necessary. to record this Agreement with the Ada County Recorder's office. 20. Ail covenants and conditions set forth herein shali 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 ir. the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. / ~~~~ c~-~--~'s ~ ~o~,. s SUBDIVISION DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. DEVELOPER: ~I~DiR~O~lEAd~vWS ~t/~oPM~v'r", ~rbC, By President By, CITY OF MERIDIAN By Grant P. Kingsford, Mayor By William G. Berg, Jr., City f'lerk ,~l}~1Gt~TT,S M~v~S SUBDIVISION DEVELOPMENT AGREEMENT Page 7 STATE OF 1DAH0 ) County of Ada ) ss. On this ~ day of ~(lGy'S T , 1994, before me, the undersigned, a Notary Public in and for said State, persona{ly appeared ~O~t/f1G~ G• f~E~~nd ~/~f~~O B,COr~I~/ known, or proved to me, to be the President and o said corporation that executed this instrument and the persons who executed the sat 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 oftlcial seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: (SEAL) My Commission Expires: STATE OF IDAHO ) ss. County of Ada ) On this day of , 1994, 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 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. Notary Public for Idaho Residing at: (SEAL) My Commission Expires: ~~}GtICET'r.S /LI~I~oHJs SUBDIVISION DEVELOPMENT AGREEMENT Page 8 EXHIBIT "A" TO 7HE DEVELOPMENT AGREEMENT BY AND BET4)EEN THE CITY OF MERIDIAN, IDAHO AND MERIDIAN MEADOWS DEVELOPMENT, LTD. c~nFic~-~ : of awNERS K1~OW ALL PERSONS BY THESE PRESENTS: MERIDIAN MEADOWS DEVELOPMENT, INC.. AN IDAHO CORPORATION, DOES HEREBY CERTIFY THAT IT IS THE OWNER Of THE FOLLOWING DESCRIBED PROPERTYt A PORTION OF THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE i EJST, OF THE BOISE MERIDUW, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED TO WI'f: COMMENCING AT A FOUND BRASS MONUMENT MARKING THE NORTHWEST CORNER OF THE NORTHWEST t/4 OF SECTION 19, TOWNSFIIp 3 NORTH, ' RANGE 1 EAST, OF THE BOISE MET2IDUW; THENCE SOUTH 00'S3'OG' WEST t519,30 FEET (FORMERLY STATED AS SOUTH 00'37'32' WEST 1519.48 FEET), .ALONG THE WESTERLY BOUNDARY OF THE NORTHWEST 1/4 1'O A FOUND S/8' IRON PIN WRH A PLASTIC CAP; THENCE SOUTH 88'59'26' EAST (FORMERLY STATED AS 54UTH 89'59'1$' EAST) 80.01 FEET ALONG THE SOUTHERLY BOUNDARY OF EAST CALDERWOOD STREET TO A SET 2' IRON PIPE THE INITIAL POINT OF THIS 5U80MSION; THENCE CONTINUING SOUTH 89'59'26" EAST 1060.15 FEEL' (FORMERLY STATED AS SOUTH 8~'S9't5' EAST), ALONG THE SOUTHERLY RIGHT OF WAY OF EAST CALDERW000 STREET AND RS EXtEIVS10N TO A SET 5/8' IRON PIN WRH A PLASTIC CAP; THENCE SOVTH 00'47'20' WEST 383.38 FEET ALONG THE WESTERLY BOUNDARY OF THE MERIDIAN GREEN$ • - UNIT N0. J FILED IN PLAT 8001( 63 AT PAGE 6402, (FORMERLY STATED AS SOUTH 00r46'Sd' WEST 583.47 FEET) TO A FOUND 1/2' IRON P'IN REPLACED WITH A S/6~ IRON -PIN WRH A PUISTIC CAP; THENCE NORTH x9.58'29° WEST 1061.45 FEET (FORMERLY STATED AS NORTH 88'59'15 WEST 1061.82 FEET TO A 5ET 5/8' IRON PIN WITH A~ PLASTIC CAP ON THE EASTERLY BOUNDARY OF S. MERIDUW RCMD -STATE HIGHWAY 69; THENCE ALONG THE EASTERLY BOUNDARY OF SAID S. MERIDIAN ROAD -STATE HIGHWAY 69 NORTH 00'55'001' EAST 583.08 FEET (FORMERLY STATED AS 583.50 FEET) TO THE INITIAL POINT OF THIS OESCRIPTiON. THIS PARCEL CONTAINS 14.201 ACRES, MORE OR LESS. ANO IS SUBJECT TO All EXISTING RIGHTS OF WAY AND EASEMENTS. IT IS THE INTENTION OF THE UNDERSIGNED TO HEREBY INCLUDE SAID LAND IN THIS PLAT AND TO DEDICATE TO THE PUBLIC THE STREETS AS SHOWN ON THIS PLAT. THE EASEMENTS ANO PRIVATE ROAD SHOWN ARE NOT DEDICATED TO THE PUBLIC, BUT THE RIGHT TO USE SAID EASEMENTS IS HEREBY PERPETUALLY RESERVED FOR PUBLIC UTILITIES AND SUCH OTHER USES AS DESIGNATED HEREON ANO NO PERMANENT STRUCTURES ARE TO ERECTED WITHIN THE lINE5 OF SA10 EASEMENTS. BUILDING AND OCCUPANCY RESTRICTIONS - SEE INSTRUMENT NO. Nr,__ ~ OF MISCELLANEOUS RECORDS, ADA COUNTY, IDAHO, FOR BUILDING AND OCCUPANCY RESTRICTIONS, FlI.ED ON THE _ _ DAY OF __~_________, 1994 IN" THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO. IN WRNESS. WHEREOF, I HAVE HEREUNTO SET MY HAND THIS _j~ M_ DAY OF _~„I!!SO`.~_____, 1994. RON D L. HENRY, PRESIDENT, MERID~AN~ MEADbWS; D3VELOPMENT, INC. t// • RICHARD S. BROWN, CHAIRMAN OF THE BOARD, MERIDIAN, MEADOWS. DEVEIOPNENT, INC. I EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND MERIDIAN MEADOWS DEVELOPMENT, L'D. This sul:~di_visian i.s ~, ar :r~ sinca].e-fatni.ly rlwel.l i-ng units with an overa.].1 density of ?,..? ciwelli.nca u.n.i.t;s f~er ac;r~~. TI~e DEVEt..OPER shall= l . Install a r-~?ressurized irractat.ir,n systern kc> serve all fats ir~(I:~""` t l~n sc.~bdiv.i s.i an t ho,-el:ay e.l. i.m.i.nat i nc~ the need far- al.l i rr- i-ga.t.ion~. c:1at_c:l7es rcirrrii.nca throrrcalr t-he ~:rtl~clivisic,rt. T"tte ~~ressr.rriz_ed ~ i.rri.gati.or-t system wa.L,l, be exi:enc:lec:.l tc> otie t e>.i_clence out.s.i.de the~,~,~r suladivision .l c.>c:at.ed r~iarth r.~f E. C:a.lclerwoac:{ at. l.~c?O Mer-icia.an Road. 1`l~ca syst.ern wi.L1 aa.so be' extenciec~! to serve L_ot;~ 7, E3J..ock :t. which i-s~' an t;he east. side of Ten Mi.l.e Creek . The E . Calder woad bridge wi.l.l be used for runni. na the pipe across t.l~e creek . l . Extend a.nci r.anstr t.r~~:t water ar,c1 sewer ]. - ne extensions to serve t;,he property and connect:. to Meridian wa.tF,:~r and sewer line. Two extensions of 'the wa.te~r line brave already k>t~en :installed from the line rranrri.ng in f=.. C~~lder-woacl. A stubc~ut, of tyre sewer line has been 9.r7stalled t.c-~ they subdLvis:ion's north property line on t.h~ west side of t:,1-re F_ . C:a Lderwood br i.dcte over '-en Male Greek . l...ot, l , E~lack 1 :is a sE:wer :lot c~lesictnat.ed to r~~n the sewer from the point of stubout too ..the subdiv.isi.on to 'she center of S . G,ra.nville Ave. ~. Canstruct streets to and within the subdivision as shown on the Final Plat. Streets to be constructed to the City of Meridian and Ada County Highway D;i.st.r.i.r...t specificat.i.ons. 4. Dedicate tl•re necehsary land frorn the centerline's of S. Cranvi.l.le Ave , , E . Zomba. ~-di. Lane , S . Fawcett. Lane , and E . Siemsen Way for.. public right,--of-w•~.y . ~~. Pay arty develaprn,=;nt -=ee ar 1_-ransfer fee ad~~pted by the CITY. ~. P~leet~ the rectr,aireic;ent=: arrd condii:.i.ons of t.h~~ Findings of Fact and C:onclusions of l_.aw and rneet the t~rdinanc:es c;~f the CITY. 7 . Berrn and Landscape cornrnart areas a l.ona F- . Ga J_derwood and Meridian RcYaci prova.decl a.nd rnaa.rtt.~~ined r>y t.l~e Homeowners Association., B . Evidence of approvals for t;he pressurized irr igat.ion system from the Narnpa/Meridian Irrigation D:isi-.ra.rt. anc~ downstream water ~..rsers wi].]. be sr.rk~~mi.tt:ecl to the CITY. FXHIBII' "F~" (~F FAWCFTI"'~ `1F:ADOW~, DFVF"l.-.OPMENT AGI;FFMFNT T_ `. .• F-'acte `~.. Pro~ii.c e pe7~i.meter f<~nci.na r?.1c~n<r F~- i~aldca~r..wcaoci wa.t h lan<:iscapc.d t")!9Y°rll, a..:iong f°1e7 a.cliar'~ Rc~ac-f w:i.t.h ~+ .landscaped k>erm and along the SCJUtt"1 property J.i.ne, No fence wi_l,l. tae i.n5t:.al..led al g Teri Mile Creek. 10. Provide pedest.riar~ ,walkways c:~n hot-.h sides of all streets within t~.he si_rbdi.visi.on . v~. ~ ~` ~` < <~ 11. Prnvirie ~-~Iantircc~ st:r-ips ar-i<-1 land~:~..apecl ~+, eas c->n the south w""'~ s:i dA of F - c."'a l Tier-w<ac~cl an<-{ a,l c~nc~ Mir i c9 i a ti Rc~aci . Thf*se ~r ?as w.i. 1. .h ~~e n'~a. i nt: a a. r~7e<~I L~~y t t'~e ~ ion'iN?c~wr~~c~r r /~^~.~c>c~ i ~z t i can . J.2. Preserve exist.i.ng trees anci vecrat.ati_on c>r~ t..he site which will become par t. of tt7e landscape <~mc~nit.ies of r...he subdivision. 1:~. F~rovide open space 50 foot, wide corridor, barderi.ng Ten Mile Creek that beconce greenbelts fot fut:.ura r.rse for pedestrians and b,i.cycl. i.sts .. l~l. Provide st.reet.. li.ylits ~7t. max . !i0~ fc;ot. spa.ci.ng and/or at street i ntPrsecti_ons/f i.r~ ~ f'iycJrant s . 7??s ., ,i. ,z`"`'' ~`~`" _' .,ate ~7 l3 3, EXHIE~IT "R" (~F F~1l~JCFT"T'~~ MFnC~C)lJS l7FVE1 (~PMEtJT (-1GF~E=EMf=NT 06`/25/2002 10:56 FAX 208 333 8409 F MATT HOWARD !,._ f~ 010/028 • • D BEFORE THE MERIDIAN CITY COUNCIL RONALD L. HENRY $N__NP,7CATION AND ZONINQ A PORTION OF THE N.W. 1/4 OF SECTION 19. T.3 8.. R.1:~1.. B.M. MERIDIAN MEADOi~18 SUBDIVISION MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAi~1 The above entitled annexation and zoning application having come on for consideration on April 5, 1994, at the hour of 7:30 o'clock p.m., at the Meridian City Hall, 33 Bast Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the City Council makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for Apri]. 5, 1994, the first publication of which was f~,fteen (15) days prior to said hearing; that the matter was duly considered at the April 5, 1994, hearing; and that the public was given dull opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 06'/25/2002 10:56 FAX 208 333 8409 MATT HOwAR0 -~011/028 2. That the property included in the application for annexation and zoning is described in the application, and by this reference ie incorporated herein; that the property is approximately 9.95 acres in .size. . 3. That the property is presently zoned by the county as R-T (Rural Transition); that the Applicant requests that the property be zoned R-4 and stated that the use proposed would be for proper residential as dictated by the zone and' submitted a proposed preliminary plat. 4. The general area surrounding the property is used agriculturally and zesidentially; that some of the property to the north is platted for residential and some property to the north is unplatted and vacant ground; that there is R-4 residential property to the west across the Meridian/Rune Highway; the property to the south is unplatted agricultural ground; the property to the east is residentially platted. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property, but the owners of record, W.~lford H. Fawcett and Barbara A. Fawcett, have requested this annexation and zoning and the application is not at the request of the City of Meridian. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. AENRY~FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW page 2 06/25/2002 10:56 fAX 208 333 8409 MATT HOWARD ~ 072/o2s 8. That the parcel of ground requested to be annexed is presently included within the Meridian ,Urban Service Planning Area (U . S . P .A. ) as the Urban Service Planning Area is defined i.n the Meridian Comprehensive Plan; that the property is included within an area designated in the Meridian Comprehensive Plan as a Single Family Residential area. . 9. There were no property owners, or anyone else, appearing at the hearing to object to the applicationf. 10. That the Applicant indicated that the intended development of the property is, as stated above, for single family dwellings; in the subdivision application it is represented that the lots zoned R-4 would have a minimum of A,000 square feet per and that the houses would have a minimum square footage .of 1,600 square feet. 11. The Applicant stated at the hearings that there would be 39 lots for single family dwellings, a 2.7 density per acre, that he agrees with the comments of the City Engineer but desired clarification on one regarding the water line near Highway 69; that lot 8 Block 1, would be donated to the City for a C~.ty Park but informed the Council that he has deca.ded not to deed the lot to the City and the City has decided that the lot i,s too small to be of any benefit to the City park system; that there was some doubt presented about a mini-park on the east side of Ten Mile Creek; that he had questions about Ada County Highway District's comments about irzigation and drainage. HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 06/25/2002 10:57 FAX 208 333 8409 MATT HOWARD f~ 013/028 12. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 13. That Merzd~.an has, and ~.s, experiencing a population increase; that there are pressuzes on land previously used for agricultural uses to be developed into residential subdivision lots. 14. That the property can be physically serviced with City water and sewer. 15. Meridian Police Department, Meridian Fire Department, Meridian School District, Meridian City Engineer; Ada County ~iighway District, Ada Street Name Committee, Central District Eealth Department, Nampa Meridian Irrigation District, Bureau of Reclamation and the Meridian Planning Director submitted comments and such are incozporated herein as if set forth in full. 16. That the R-4, Residential District is .described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-4) LOW D$NSITY RESIDRNTIAL DYSTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan vz the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; HENRY\FAWCETT MEADOWS FTNDZNG5 OF FACT AND CONCLUSIONS OF LAW Page 4 Ofi/25/2002 10:57 FAX 208 333 8409 MATT HOWARD ~o1a/o2s 17. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential aategoriee (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc. ) for the purpose of provida.ng the City with _ ' a range of affordable housing opportunities." 18. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states ae follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwelli,ngs~per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . 19. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as folJ.ows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residentia]. Agricultural density, unless it ie inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 20. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 ~ The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses, apartments, condominiums." "~1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 21. That there is a population influx into the City of Meridian 'at the present time which has been going on for some time HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 Ofi/25/2002 10:57 FAX 208 333 8409 MATT HOWARD -, f~ 015/028 and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue fazming in the area. 22. That the City Engineer specifically commented regarding the annexation that the legal description needs to include the ad jaaent portion of the State Highway 69 right-of-way; that the area of lots Z, 3 and 4 of slock 4, needs to be 8,000 square feet excluding the Ten Mile creek easement; that data needs to be submitted establishing the highest seasonal groundwater elevat~.on; and in a supplemental comment stated that the existing domestic water and sewer services to Lots 2 and 5, Block 5, via wells and septic systems, must be terminated and the residences vn these lots will be required to connect to the City water and sewer systems. 23. That the Planning Directox, Wayne Forrey, commented that the R-4 request complied with the Comprehensive Plan with the exception of adequate recreation facilities to serve this development area; that the site ie adjacent to Ten Mile Drain, wha.ch has been designated for future pathway development and that a pathway concept design plan must be submitted to the Bureau of Reclamation and for~City approval and compliance with the County Pathway Plan and Meridian Comprehensive Plan. Se also commented that a pedestrian bridge to the east over Ten Mile Creek is needed to link the various existing and future subdivisions together and meet Meridian School District need for pedestrian access between subdivisions and that a twenty foot wide lot of record between lots HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 06/25/2002 10:57 FAX 208 333 8409 MATT HOWARD r~o1s/o2s 2 and 3 of Hlock 1, should be established for the• access and for sewer access with the home owners association maintaining the easement. Also, that as a condition of approval, the developer/owner must entez into a development agreement addressing subdivision access linkage, pathway development and recreation services. He also commented that as, the site improvement plans are prepared and submitted, City staf f will review and approve any site designs to achieve a high quality project' as called for in the Comprehensive Plan and in neighborhood meetings. That in prior requests for annexation and zoning the Director has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park sites to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement. 24. The Meridian School, District submitted comment in all previous annexation requests and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 06/25/2002 10:58 FAX 208 333 8409 MATT HO'kARD r~oi7/o2s 25. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinance9, states ae follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the abi],S.ty of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned •wi.th the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that~the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population dues not provide sufficient tax base to provide for school services to current and future students. 26. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee yr a transfer fee on residential property, which if possible would be retroactive and apply to all residential lots in HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 06/25/2002 10:58 FAX 208 333 8409 MATT HO'kARD r~ols/o2s the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 27. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to. obtain convenient pedestrian ci,xculation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 28. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 29. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to resident~.al development and enhaace the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities,) sha].1 be preserved in the design of the subdivision;" 30. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of. way or water rights of way. Landscaping, screening or lineal open space Corridors may be required for the protection of residential properties from adjacent arterial streets, watezways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or un.i.mproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 08/25/2002 10:58 FAX 208 333 8409 MATT HOWARD r~o1s/o2s 3. To play a major role in conserving area scenic and natural value, especially waterways, drainage's and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the ,area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 31. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bic cle-Pedes ria Desian Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 32. That the Applicant submitted an application for preliminary plat along with the application for annexation and zoning which application included a preliminary plat. 33. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. ' CONCLLiS xONS 1. That all the procedural requirements of the Local Planning Act and of the Ozdinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 06/25/2002 10:58 FAX 208 333 5409 MATT HOWARD ~ 02o/o2s 2. That the City of Meridian has authority to annex land pursuant to 50-2Z2, Idaho Code, and Section 11-Z-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application under Idaho Code, Section 50- 222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as 'amended, and the record submitted to xt and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, with the consent of the owners of the property, and is not upon the initiation of the City of Meridian. 9. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. HENRY~FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAAl Page 11 06/25/2002 10:59 FAX 208 333 8409 MATT HOWARD r~o21/o2s 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. 10. That this Application hae been submitted prior to the adoption of the proposed amendment to the Meridian Comprehensive Plan; that as a condition of annexation the Applicant must agree that the Meridian Comprehensive Plan shall apply to the land and any development. This agreement may be a pant of the development agreement. 11. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 12. That the requirements of the Meridian City Engineer, including those he specifically stated in hie comments and those stated herein in these Findings and Conclusions, and of the Ada County Highway District, Nampa .& Meridian Irrigation District, Bureau of Reclamation, and the comments Meridian Planning Director, Wayne Forxey, except the deeding of Lot 8, Block 1 to the City. Lot 8, Block 1, shall not be deeded to the City because the City has determ.Lned that the lot is too small to benefit the City park system; shall. be met and shall be addressed in a development Agreement. HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 06/25/2002 10:59 FAX 208 333 8409 MATT HOWARD ~ 022/028 13. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so .tiled the property shall be subject to de-annexation. 14. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be require#d to enter into a development agreement ae authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L and the comments of the Planning Director, Wayne Forrey;'that the development agreement shall, as a condition of annexation, require that the Applicant, or of required, any assigns, hears, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall •be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 1S. That the house size representation of 1,600 square feet must be met and those representations of the Applicant made at the public hearing, which are recited in Paragraphs 10 and 11 of the Findings 'of Fact . HENRY~FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LP~W Page 13 06%2,x/2002 10:59 FAX 208 333 8409 MATT HOWARD 16. That proper and adequate access to the property is available and will have to be maintained. ~ 023/026 17. That these conditions shall run with the land and bind the applicant and its assigns. , 18. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 19. That if these conditions of approval are net met the property shall be subject to de-annexation. APPROVAL OF FYNDII~GB OF FACT AND CONCLUSIONS The Meridian Punning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW VOTED '~ COUNCILMAN YERRINGTON VOTED COUNCILMAN CORRIE VOTED `'1' COUNCILMAN TOLSMA VOTED MAY0~2 GRANT P. KINGSFORD (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian City Council hereby recommends to the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of HENAY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF' LAW Page 14 Ofi/25/2002 10:59 FAX 208 333 8409 MATT HO'kARD f~024/028 '~ ,.t' .. Law and that the Applicant be specifically required to the all ditohes, canals and waterways, meet all of the Ordinances of the City of Meridian, specifically including the development time requa.rements, and enter into the required development agreement, and that if the conditions are not met that the property be de- annexed. MOTION: APPROVED: ~ DISAPPROVED: HENRY\FAWCETT MEADOWS FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 15 06/25/2002 10:59 FAX 208 333 8409 MATT HO'kARD }1MENDED ORDINANCE N0. 646 ~ 025/029 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WAICH IS DESCRIBED AS A PARCEL OF LANb IN THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 NORTA, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to anne.c to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE zT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Ydaho: Section 1. That the real property described as: A parcel of land in the Northwest 1/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 19; thence South 00°55'00" West, 1519.92 feet to THE POINT OF HEGINNYNG; thence South 00°55'00" West, 583.50 feet; thence South 89°59'15" East, 1121.3 feet; thence North 00°46'50" East, 583.47 feet; thence North 89°59'15" West, 1120.32 feet to TH$ POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject tv the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request foz annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: AMENDED ANNEXATYON ORDINANCE ~ FAWCETT MEADOWS Page 1 06/25/2002 11:00 FAX 208 333 8409 MATT HO'kARD ~ o2s/o2s a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to a,nd controlled by the Subdivision and AEVOlopment Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2416 L and 112-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the Gity of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9- 605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. AMExDED ANNEXATION ORDINANCE - FAI+/CETT MEADOWS Page 2 06/25/2002 11:00 FAX 208 333 8409 MATT HOWARD ~ 02~/029 PASSED by the City Council and approved by the Mayoz of the 3 •- day of May, 1994. City of Meridian, Ada County, Idaho, this ~~ APPROVED: 1 MAYOR -~ GRANT P. KxNG ORD ATTEST: ,+~p' . , L~!/~~-~ ~''~ VAR,' ,~~r ter U ~t ~ •a ~" WILLIAM G. BERG, JR. -- CITY CLERK ~ A{ ~ ~ '~ ~~G ~~~~. :; ~~r „~ ; ~~ STATE OF IDAHO, ) • 4 '`~o-a~:~'s~ ~,~ County of Ada, ~ I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoa.ng is a true, fu].1 and correct copy of an Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE, passed as Ordinance No. 646 , by the City Council and Mayor of the City of Meridian, on the ~ RA day of May, 1994, as the same appears in my office. DATED this ~~~ day of May, 1994. ~~e~~. City Clerk, City of a dian Ada County, Idaho AMENDED ANNEXATION ORDINANCE - FAWCETT MEADOWS Page 3 06/25/2002 11:00 FAX 208 333 8409 ~~ STATE OF XDAI3O, ) 3 SS. County of Ada, ) MATT H014ARD ~ ~r ' ~m ~~G * ~ ,~`h~`4~~,y,`~•,h } i •' ~~~ ' cif ~.'N f~ 028/028 Oa this .3rcl day of May, 1994, b ' e, the undersigned, a Notary public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate firs above written. D ~~ n ~Ull:hl,, \~) ~/ 5EAIl ~'~• _ ' C'~ ~ ~o _ t 1, ~ H. r `,• ' rJ y~ .` a Public for 33aho esi ing at Meridian, Idah My ommission Expires AMENDED ANNE7[ATiON ORDINANCE - FAWCETT MEADOWS Page 4 Meridian City Council September 6, 1994 Page 18 Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the final plat for Fire Light Estates Subdivision conditioned upon meeting the recommendations of staff, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: VARIANCE REQUEST FOR FAWCETT MEADOWS NO. 2 BY RONALD HENRY: Kingsford: At this time I will open the public hearing and invite Mr. Henry or his designee to speak first. Ronald Henry, 6301 Charleston Place, Boise, was sworn by the City Attorney. Henry: This variance is really a request for permission to allow existing buildings on Lot 9 and 10 of Fawcett Meadows No. 2 to remain. These buildings are less than what we have set up as the set backs, 10 foot setbacks. Both I think ,there are 2 buildings there that have a total distance of about 10 feet between them. So what this variance is requesting is permission to leave them as is. Kingsford: Any questions for Mr. Henry? Morrow: You have read the comments of staff? Henry: Yes Morrow. And are in agreement with those? Henry: Yes - -- Morrow. I have rto other questions. Kingsford: Anyone else from the public that would like to offer testimony on this variance request for Fawcett Meadows No. 2? Seeing none I will close the public hearing, Council members. Morrow. Mr. Mayor, t would move that we instruct the City Attorney to prepare findings of fact and Conclusions of law. Meridian City Council September 6; 1994 Page 19 . Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare findings of fact and conclusions of taw on the variance request for Fawcett Meadows No. 2, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR Op ESUBIDIVISION OBYN HARDEE PRELIMINARY PLAT FOR BRAMBLE WO CONSTRUCTION: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Ted Hutchinson, 109 South Fort Street, Boise, was sworn by the City Attomey. Hutchinson: Mr. Mayor, members of the Council, this is a 13 lot residential subdivision located on the north side of Ustick Road a little more than a 114 mile east of the intersection of Ustick and Ten Mile. This is contiguous to the city limits which is on the south side of the centerline of Ustick Road making this parcel contiguous. We are requesting annexation with a zoning designation of R-4. The preliminary plat has gone through a number of revisions as we attempt to comply with the requirements and comments from the City staff and to ensure that the plat is in compliance with the requirements of the R-4 zoning regulations that are in effect at this time. We have indicated on the plat the location of an existing flood hazard area, I believe it is in an A zone. We have provided a 20 foot planting strip easemeniock 19 I believ hat mould Ustick Road, those will be parts ~ Lots 1, Blodc 2 and Lot 1, B satisfy the requirements as caned out in the zoning ordinance. I believe the applicar ~_is here to address some of the things that were in the findings of fact from the Planning .and Zoning Commission. However we do believe that this plat'~ios from thle Counci ?the regulations that are in effect at this time. Are there any ques Dan Hardee, 6477 Fairview, Boise, was swum by the City Attomey. Hardee: The only thing that we would like to have you look at for us is on the the 2 lots that face Ustick Road, what we would like to do then eachr lotathat vwou d at ow for the the maintenance maybe put a deed restriction maintenance for that lot so it would be a separate lot that would be part of Lot 1 and then we would put a deed restriction in there so that the owner would hav bi ~ nt that they along with his own home. I don't think that would be too much of a pro Meridian City Council September 20, 1994 Page 14 - longer need of that temporary trailer. Entertain a motion to withdraw that from the agenda. Tolsma: So moved Corrie: Second Kingsford: Moved by Ron, second by Bob to remove that item from the agenda, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST FOR FAWCETT MEADOWS N0.2 BY RONALD HENRY: Kingsford: Council reviewed those findings. Morrow: Mr. Mayor, I move we adopt the findings of fact and conclusions as written. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Totsma -Yea MOTION CARRIED: All Yea Morrow: Mr. Mayor, I would hereby adopt the decision of those findings, it being decided that the setback ordinance is hereby granted and the applicant shall not be required to re- locate the structures on Lots 9 and 10 of Fawcett Meadows No. ~. Corrie: Second Kingsford: Its moved by Walt, second by Bob to approve of the decision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR BRAMBLE WOOD SUBDIVISION BY HARDEE CONSTRUCTION: Meridian City Council August 2, 1994 Page 40 am not aware of it. Morrow. The other thing is quite candidly when Mr. Van Auker and his group come before us we can offer some encouragement to do something with that little triangular piece of property in terms of whether it is high density residential or commercial or industrial that would serve to buffer the lots that are under us at any rate and quite candidly it comes a bastard piece of property. Because there is nothing he can do with being in Meridian and the rest of it being in Boise unless we annex it all. Kingsford: Any other questions of the Council? Entertain a motion. Morrow. Mr. Mayor I would move that we approve the final plat of Westdale Park subdivision No. 2 subject to staff conditions and that the bens configuration be as presented. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the Westdale Park No. 2 final plat conditioned upon Staff recommendations being met and stipulating that the berm be developed as presented in the presentation, afl those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: FINAL PLAT: FAWCETTS MEADOWS SUBDIVISION NO. 1 BY RONALD HENRY WITH COVENANTS, CONDITIONS AND RESTRICTIONS AND DEVELOPMENT AGREEMENT: Kingsford: Counselor have you seen those CC&R's? Crookston: I believe that I have, I can't remember ~ fight now. Kingsford: When were those submitted Ron? Henry: Today Crookston: I think I reviewed them but I haven't seen the revised ones. Henry: Okay, I got your comments and then I incorporated your comments and produced a revised set. Corrie: So the only 2 dogs and 2 cats Meridian City Council August 2, 1994 Page 41 Kingsford: And you included all of his comments in there? Henry: Yes Corrie: Who made the comments of only 2 dogs and 2 cats for animals? That is what you have in their now. I have one other question on street lighting, yard lights is that all no street lights? Henry: We are going to go to street lights. Corrie: The fire department had some concerns. Henry: I considered that and after (inaudible) Meridian Greens has yard lights (inaudible) street lights. Morrow. You have read Gary Smith's comments, the City Engineer's comments as of July 27th and you are agreeable to all of those including item #5 creating a 20 foot wide common lot area for place of easement indicated in between lots 3 and 4? Henry: Yes, I had a discussion with Gary today and I have kind of changed my mind as far as what I suggested to you and I will go along with the 20 foot wide (inaudible). I had a discussion with Gary Smith today and gave an alternative to the 20 foot wide lot and this afternoon I took a look at that and said maybe that is the better way to go. So everything on his list is acceptable. Kingsford: I have joined with Gary in supporting that 20 foot easement. Henry: Well, what it forces me to do it adjust some lot lines and what t have to do is go this last lot which is down here at the bottom corner I am going to have to actually adjust the 2 lots down in Fawcett's Meadows No. 2 skinny them up a tittle bit to 90 feet rather than 97 and the add that this last lot so that will be big enough. So I am making that adjustmenf t think everything works fine. Kingsford: Any other questions for Mr. Henry? Is council prepared to take action? Morrow. I would like to hear something from Gary and Shari if they have any comments? Kingsford: How are you Shari, are you fine? Stiles: I am fine I would like to (inaudible). Mr. Mayor and Council we pretty well worked out the things I think in the development agreement. One thing Mr. Henry is real Meridian City Council August 2, 1994 Page 42 concerned~about and I am-also wondering what to do about the Ten Mile Creek. Mr. Henry has proposed letting the homeowners landscape it the only problem is I am afraid we will end up like out in Candlelight subdivision where they actually sodded over sewer easements and things like that. (Inaudible) did not want to have a useless corridor there that 300 feet of bike path and then nothing beyond there. I have to talked to the people at the Bureau of Reclamation and they say they don't know when but they are proposing someday to go through Meridian Greens regardless of their landscaping down to the, l am sure it will meet a lot of opposition at Meridian Greens but that is within their easement and something that they would still like us to pursue. My question is whether we should ask for fencing at the easement line or require the bike path to be landscaped and put in at this point. I voluld believe it would be a hardship to require both and was wondering regarding the development agreement if simply leaving those 50 foot corridors is adequate with fencing. 1 am in a tough situation not knowing, I hate to make a requirement to put a bike path there before Nampa Meridian Irrigation District, before we have a license agreement with them. I don't want to cause any problems with them. So I kind of need your direction on what to do in that case. That is the only thing remaining that I have a question on. Kingsford: Mr. Smith, given what has happened in Candlelight, what would be your recommendation? A fence at the easement? Smith: Mr. Mayor and Council members, this particular section of ditch does not have a sewer line along side it, the waterway. The other difficulty with this section of ditch is what is happening to the east or up stream in Meridian Greens. That developer has forged ahead and or the builders I don't know who took the initiative but they have landscaped both sides of Ten Mile Drain down to the water. And if and when Nampa Meridian comes through to clean Ten Mile Drain there will be a lot of kicking and screaming and hair pulling and so forth. I guess I am a little parochial concerning sewer lines. Wherever I have a sewer line or the possibility of a sewer line I would request your suggestion that it be fenced at the right of way or easement line. So that there isn't any intrusion. Nampa Meridian is losing control and we are about to. I have an item that I want to discuss with you out in Candlelight Subdivision, these property owners are pushing us right to the edge as far as the use of these canal banks. I think we are in a position in that particular P subdivision that if we don't do something about it we are going to lose it. And Nampa Meridian is going to lose their access to clean the ditch. We are going to lose access to our sewer line. I think it is time to take the bull. by the horn, I think we have got to, maybe we have to be more specific in our zoning and development ordinances and specify what and where these fences have to be placed and what ditches are involved and name them. I don't know, but 1 know that something has to be done and it has to be more definitive so that when a developer comes in or the engineers that are doing the development work, the engineering for a development they know from the very get go what is required by the City of Meridian. On this particular development I don't have a real strong opinion other than Meridian City Council August 2, 1994 Page 43 I will testify-in support of Nampa Meridian maintaining their access to that ditch for cleaning purposes. Morrow: I guess we can discuss the bigger issue later. My question with this portion of that ditch, you don't have .any future need for sewer along through there? Smith: No, the sewer came along or is alongside the west side of Ten Mile Drain coming from Overland Road until it gets partway into the opposite Running Brook Estates and then it crosses under the drain and goes into Running Brook into a public right of way. And it continues onto the south and east in public right of ways and will eventually exit Meridian Greens east boundary again at the ditch on the south boundary of Ten Mile Drain. Now at that point it will continue to the east then along fences along (inaudible). Through Meridian Greens, through Fawcett Meadows, through Running Brook Estates, there are no fencing requirements there I don't believe in Running Brook Estates, there is a bike way / pathway on Running Brook Estates side of Ten Mile Drain. They have dedicated an easement for that pathway, but like I say the pathway for all intent purposes unless it is forced through Meridian Greens stops at Calderwood right now. Not an easy answer, not an easy question to answer. Morrow: From the standpoint of property owners and the construction industry I can tell you that any kind of thing that is a water amenity like Ten Mile Creek which flows year around the naturally inclination is to want to landscape to that and to make it look really nice. Because we don't have any other water type amenities within the community any place. Smith: And you can see that in Meridian Greens, what they have done is very attractive no doubt about it. It looks very nice and it is a very nice amenity for the development. That is why that developer always referred to Ten Mile Creek as Ten Mile Creek and we we refer to it as Ten Mile Drain, Nampa Meridian won't let us use the word Creek, it means something different as far as water quality is concerned. It is a nice amenity. Morrow: And that belongs to the Bureau of Reclamation, is that correct with alicensing = =~ agreement by Nampa Meridian? Smith: Correct Morrow. Do they give, the Bureau of Reclamation doesn't have any guidance of what they expect on these things. Smith: In the past the Bureau of Reclamation has been very supportive of use of the drains by the City as far as pathways are concerned. They have been very supportive of Meridian City Council August 2, 1994 Page 44 . that. Nampa Meridian has not because of their problems of access and the obstacle they feel the pathways put in front of them. Generally the pathways are not constructed in such a standard that they will support the equipment to clean the drains. The problem as I see it if we fence it, like on Linder Road where you have an ungodly mess along the drain on the drain side of the fence because nobody maintains that either. Smith: There is not enough room to get through there to maintain it really. Morrow. And late fall you have a fire hazard because all of the weeds die or grass or whatever natural vegetation occurs there and nobody takes care of it. If you want to see another nice landscape scheme go out to Jackson Drain along side of Fothergill, John Ewing did and you all approved his landscape plan and that is really well done. It is very nice. Nampa Meridian has no way to access the drain from that side. They are going to have to access it from the other side which is proposed as a multi family dwelling area. But again you see that kind of landscaping amenity taking place on one side and a developer on the other side says gee this would really enhance my project. It becomes a real issue with Nampa Meridian and these drains that they don't move the velocity of water is not that great and you can see growth taking place there that someday they are going to have to dig that out of there so the water can flow otherwise the level of water will continue to raise. Morrow: Then you get into floodplain issues. Smith: Nampa Meridian's charge is to maintain the drainage so they carry water through the city and dispose of it downstream. If they can't get into clean these ditches then they are not fulfilling their responsibility. Toisma: When they clean it is not a pretty sight. Smith: That is right it is (inaudible) like Sherman's march to the sea. Henry: Is there any estimate on how often they have to clean those ditches? Is it an annual? Smith: No it is a 10 to 15 year I would say. Henry: So if there was some damage to landscaping each homeowner could be responsible to repair and get it back into order and if it is going to happen once every 10 years. Smith: The amount of damage that they do and the debris that they leave again is not a Meridian City Council August 2, 1994 Page 45 pretty sight. Your area wouldn't readily recover from that. It would take a great amount of effort. Kingsford: They go through there typically with track and drag lines and where they scoop that out is where it lays and they move on. Morrow: The only they take off site Ron is the trees and they will take the trees off site, they cut them down and take them off site and everything the root system and all that structure stays there. Henry: Well, it is interesting, somebody planted some trees in the last several months and maybe 6 months ago in that 50 foot easement. Somebody did, the owner didn't, 1 didn't but yet there are some new trees there. So it had to be Nampa Meridian !guess. Smith: They don't have a problem with trees that are above the bank of the ditch unless it is in the middle of their roadway. Any tree that is below the bank down toward the water level comes out when they clean. Henry: There are some right now. Smith: When they get up that way they would come out. Kingsford: Well I think one of 2 things the Council needs to do, is either they stipulate the (inaudible) you stipulate the fence which I agree with Walt is the most desirable, I think that we could require a note be placed on the map or in the CC&R's that says that is an easement that they can't block to try and protect Nampa Meridian's easement. The other thing is that we just tum our head and let Nampa Meridian deal with their own easement. Morrow: I think we have to do a little bit, option No. 2 because quite candidly it is contingent upon us to be somewhat cooperative with Nampa Meridian in terms of trying, we straggled a lot of years to get into a cooperative nature with those folks and it looks like we are making some progress. So I think that from my perspective that we treat it on the plat as a view corridor or something that is restricted from any and all types of building and shown in terms of cross hatched marks and something like that whenever a builder such as myself gets one of those small plat maps it shows right on that small plat map that it is a no go no use area and if nothing else maybe it is treated like a (inaudible) that is adjacent to Logger Creek or something like that where you don't touch anything in there but the natural growth growing and that becomes your landscaped amenity so to speak. Of course you can get rid of noxious weeds and those kinds of things and everything else stays. Meridian City Council August 2, 1994 Page 46 Kingsford: I would certainly agree with that, ~ we don't we are going to be looking at a couple of weeds stacking up and junk and all sorts of things. Smith: And the other issue too Mayor and Council is the sideyard fences that would cross this access way over to the bank, you can't do that because that just completely eliminates access. Kingsford: Which again I think ought to be spelled out on the recorded plat. Smith: These lot areas were calculated without that easement included so the 8,000 is exclusive of the easement for the ditch. And that is as our ordinance requires. Kingsford: Thank you Gary 1 appreciate it. Are you prepared to deal with. Morrow. I have a question that comes to mind is there some sort of, if we are going to do it that way is there some sort of mechanism within the CC8~R's that alludes to the no fencing along through there and maintenance by the homeowner even though it is an easement that belongs to Nampa Meridian, and have we spelled out in the CC&R's exactly how that area is to be treated? Which is generally the norm (End of Tape) In areas where I have worked with these things that are being handled they are very site specific in the CC&R's as to what can and can't be done in that area. And so it looks to me like (inaudible) as a natural area then we ought to spell out not only it is an easement it is up to the homeowner or the homeowners association to maintain it if it is going to be a common area. If it is going to be identified by each lot then it is up to each lot to maintain it and the specifics are that what they can and can't do with that area. Kingsford: I think that would certainly be my recommendation that maybe you go back and amend your CC&R's that they specifically say that you can't build fences in that easement that any landscaping may be removed by Nampa Meridian and replaced at the homeowners expense. All sorts of things to protect the easerr~nt. Henry: There are some stipulations in the CC&R's but I am going to have to review just to -° see how specific they are. Kingsford: I v~uld like to see those beefed up to make sure that these concerns are met. Henry: I don't see any problem with that. My objective initially was to make the homeowner responsible for that whole thing and make them at least keep it up so it is nice looking and it is an upgraded area. 1 just hate to see it go to a natural state because then from lot to lot you are going to have a variation and you don't know what is going to happen. Some dried grass in there, I would rather see it the responsibility of that Meridian City Council August 2, 1994 Page 47 . homeowner to keep it up. Kingsford: Well, ideally a lot (inaudible) they ought to maintain the ditch on their own but that isn't going to happen. Is there a motion? Morrow: Can you review where we are at here now? Kingsford: I think we are more or less comfortable (inaudible) in the final plat exclusive of the easement I would suggest to the Council if it is their will to approve the final plat that they stipulate that the CC&R's be amended and reflect those concerns and you might even write those specifically. Morrow. Mr. Mayor, I would move that we approve the final plat for Fawcett's Meadows Subdivision No. 1 subject to compliance with all of staff conditions, also that the Covenants and Restrictions reflect the special usage of the easement for Ten Mile Drain, reflecting the uses the fencing requirements and the types of landscaping that can be done and the notification that it is an easement subject to use by Nampa Meridian at their will. And that the homeowner is responsible for any types of repairs or things that Nampa Meridian may destroy in their maintenance of the ditch. Yerrington: Second Kingsford: Moved by Wait, second by Max to approve the fin31 plat of Fawcett's Meadows No. 1 subject to staff approval, and that the CC&R's reflect the easement protection on Ten Mile Drain, spells out uses and fencing, landscaping, note of the easement is a protection of the Nampa Meridian Irrigation District, the homeowners have to repair at their own expense any damage done by Nampa Meridian in maintain that ditch, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Mayor on that development agreement will that be included in that? Kingsford: I think that is where we started out with this, that ought to be in there Shari something along those lines as well as the CC&R's. ITEM#21: G.L. VOIGT DEVELOPMENT AND PARK POINTE REALTY: REQUEST FOR A TEMPORARY SALES TRAILER: Kingsford: Anyone here still from that group? Mr. Merkle, they better not want it for more than 6 months or they are in deep trouble. Meridian City Council August 2, 1994 Page 19 MOTION CARRIED: All Yea Kingsford: Motion to approve. Morrow. Mr. Mayor I would move that the decision of the findings of fact is decided that the variance requested which are set forth in paragraph 3 of the above findings of fact are hereby granted. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the variance request as stated in the findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: ORDINANCE#663 -CHAMBERLAIN ESTATES NO. 2 ANNEXATION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE NORTH HALF OF THE SOUTH HALF OF GOVERNMENT LOT 4 IN SECTION 5, T.3N, R.1E, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like ordinance #663 read in its entirety? Seeing none I vuould entertain a motion. Morrow. So moved with suspension of the rules. Corrie: Second Kingsford: Mop+ed by Walt, second by Bob to approve of ordinance #663 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yen•ington -Yea, Corrie -Yea, Tolsma -Yea -- MOTION CARRIED: All Yea ITEM #13: ORDINANCE#664 - FAWCETTS MEADOWS NO. 2 ANNEXATION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 2 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the Meridian City Council August 2, 1994 Page 20 public that would like ordinance #664 read in its entirety? Seeing none I would entertain a motion. Yerrington: Mr. Mayor, I move that we approve #664 with the suspension of rules. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve ordinance #664 with the suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #14: PRELIMINARY PLAT FOR CHAMBERLAIN ESTATES N0. 2 (TABLED AT JULY 19, 1994 MEETING): Kingsford: Do Council members have questions with regard to the preliminary plat? Morrow. The reason for table at the 19th meeting was? Kingsford: Shari, what was the reason for tabling Chamberlain No. 2 preliminary plat. Stiles: (Inaudible) Kingsford: There were no other objections from staff? Gary do you have any problem with the preliminary plat for Chamberlain No. 2? Smith: (Inaudible) (Discussion Inaudible) Kingsford: The minutes of the last meeting show that Council President Tolsma (inaudible) "it is moved by Bob, second by Max to table the preliminary plat for Chamberlain No. 2 until such time as the ordinance is approved." All voted affirmative on that. Shari or Gary do you have any problems with that preliminary plat at this point? Smith: (Inaudible) Morrow Mr. Mayor I would move then that we approve the preliminary plat for Chamberlain Estates No. 2 subject to compliance with all of staff requirements. Meridian City Council August 2, 1994 Page 21 Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the preliminary plat for Chamberlain Estates No. 2 subject to all of staff requirements, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PRELIMINARY PLAT FOR FAWCETTS MEADOWS N0.2 (TABLED AT JULY 19, 1994 MEETING): Kingsford: I assume that was also on the basis of an ordinance not being passed. Morrow: And did not Jim make that same presentation and he verbally answered staff conditions? Kingsford: No, this was Ron Henry. Does staff have any problems with those, they meet the same request. Tolsma: Mr. Mayor, I move we approve the preliminary plat for Fawcett Meadows No. 2 subject to the staffs approval. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve Fawcett Meadows subdivision No. 2 conditional and staff approval, ail those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING CONTINUED FROM JULY 19, 1994 MEETING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR HAVEN COVE NO. 5 SUBDIVISION BY INTERWEST DEVELOPMENT AND DAVID COLLINS: Kingsford: Counselor, for edification not being at that meeting, did we meet the notice requirements and so forth to continue a public hearing, was that accomplished, how does this work? Crookston: We can continue that at the hearing without further noticing. Kingsford: So we are on board? Meridian City Council July 19, 1994 Page 82 . Yerrington: Yes Morrow: 1 withdraw the second Yerrington: I withdraw the first and incorporate it into the original motion. Tolsma: So, now we have a fence on the north side and the east side with agricultural properties on the north and east side being protected. All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #22: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR FAWCETTS MEADOWS NO. 2 BY RONALD HENRY: Tolsma: Is there a representative here? Ronald Henry, 6301 Charleston Place, Boise, was sworn by the City Attorney. Henry: Just to be real brief so we can go home, this is an extension to Fawcett's Meadows No. 1. It is a 5 acre parcel to the south that is going to be added to the subdivision. There are 10 lots in this proposed subdivision. In just reviewing some of Gary Smith's comments item #3, the pressurized irrigation is going to be provided. We are going to take the water out of the existing ditches and pipe it to Ten Mile Creek. Then down the creek we are going to have a pump station that lift the water out and into the pressurized irrigation system. The existing ditches across the property will be abandoned. Item #8, we will have to submit a variance for that for those 2 lots. Sewer service will be extended across Lot 9 to Lot 10. And the answer to all those questions in item #10 is yes. Shari Stiles's letter, item #4 that is a common area lot so that will be maintained by the association. And we will renumber the plat because 15 was left out for some reason. And everything else I agree with and will take care of. Tolsma: Have you responded in writing to those? Henry: No Tolsma: Have you had any conversation with Gary and Shari about this? Henry: Not specifically about some of these. We have talked about the pressurized irrigation system. Tolsma: Any comments of the Council? Meridian City Council July 19, 1994 Page 83 . Corrie: This subdivision also has ~ mandatory homeowners association? Henry: Yes Morrow: I guess my only questions would be and they are just a yes and no answer to both Gary and Shari, are you satisfied with the answers? If not why not. Stiles: I haven't had any conversations with him, as far as 1 am concerned nothing has been addressed. Morrow: Nothing has been addressed in terms of writing or verbally except for tonight. Stiles: For the plat. Henry: I guess I was unaware that I was supposed to write back, because in the first subdivision I really didn't have any written communication back to you or Gary about the requirements. So, this is a new requirement, I didn't know I was supposed to. Morrow: Mr. Henry what we have been doing here is the Council has kind of taken the position of most recently if the issues were not pretty well ironed out prior to being submitted to us with respect to the staff so that we had all the information at our disposal that we could have to make a decision that we were not approving the projects we were tabling until that information could be reviewed by our staff folk in terms of the solutiong. Henry: Under the first subdivision, I had similar letters and just really verbally said that I would abide by all the conditions in those letters. That seemed to be adequate and therefore I didn't know that I had to respond in writing on this one. But I see nothing in those letters that we can't satisfy. Morrow: I have no further questions. Tolsma: Is there anyone else that wishes to testify? Seeing none I will close the public -_- hearing. Council members. Corrie: Mr. President, I move that we approve the findings of fact and conclusions as stated by the Planning & Zoning. Yerrington: Second Tolsma: Its been moved and seconded to approve the findings of fact and conclusions of law as prepared by Planning & Zoning, roll call vote. Meridian City Council July 19, 1994 Page 84 ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea MOTION CARRIED: All Yea Corrie: Mr. President I move that we approve the decision and recommendation of the Planning and Zoning as well. Yerrington: Second Tolsma: Moved by Bob, second by Max to approve the decision of Planning & Zoning all those in favor? Opposed? MOTION CARRIED: All Yea Tolsma: Is there a motion to have the City Attorney prepare an ordinance? Yerrington: So moved Morrow: Might that motion incorporate in it the conditions of staff are met? Yerrington: Yes Corrie: Second Tolsma: Moved by Max, second by Bob to have the attorney prepare and ordinance for annexation and zoning for Fawcett's Meadows No. 2 by Ronald Henry with the provision that all the comments of the staff are met in writing before such ordinance is written, all those in favor? Opposed? MOTION CARRIED: All Yea Tolsma: How about the preliminary plat? Crookston: You could table until the annexation ordinance is passed. Morrow: So moved Corrie: Second Tolsma: Its been moved by Walt, second by Bob to table the preliminary plat until the annexation ordinance is passed, all those in favor? Opposed? Meridian City Council July 19, 1994 Page 85 MOTION CARRIED: All Yea Berg: Can I ask what we did with the other one? Morrow: There was no motion approving the preliminary plat. Tolsma: We have to go back to item #21 to approve the plat of Chamberlain Estates No. 2. Yerrington: So moved Morrow: Second Tolsma: Moved by Max, second by Walt, all those in favor? Opposed? MOTION CARRIED: All Yea Tolsma: We need a motion to approve this preliminary plat. Morrow: Well on this particular project you made a motion to table the preliminary plat until the ordinance was drawn up and approved. Tolsma: We can do the same thing here. Yerrington: I would like to make a statement that the next time we have 13 items of public hearings on the agenda that we advertise at the same time for a new City Clerk. Corrie: Let's table that preliminary plat until the ordinance is approved. Yerrington: Second Tolsma: Its been moved by Bob, second by Max to table the preliminary plat for- Chamberlain Estates No. 2 until such time as the ordinance is approved, all those in favor? -=' Opposed? MOTION CARRIED: All Yea ITEM #23: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SUNDANCE SUBDIVISION BY G.L. VOIGT AND NUBBLE ENGINEERING: Tolsma: I will now open the public hearing. Meridian Planning & Zoning June 14, 1994 Page 12 ROLL CAL- L VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye MOTION CARRIED: All Yea Johnson: Decision or recommendation to the City Council. Alidjani: Mr. Chairman, I make the motion the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. And that if the conditions are not met that the property be de-annexed. Rountree: Second Johnson: Moved and second to pass the recommendation on as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FAWCETTS MEADOWS NO.2 ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: Rountree: Page 11, item 19, that "net" should be "not". Johnson: Any other changes or typos? Rountree: Mr. Chairman, 1 move that the Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact and conclusions. Hepper: Second Johnson: We have a motion and a second to approve these findings of facts and _= conclusions of law for Fawcett's Meadows No. 2 as written by the City Attorney, roll call vote. ROLL CALL VOTE: Alidjani -Aye, Shearer -Aye, Rountree -Aye, Hepper -Aye MOTION CARRIED: All Yea Johnson: Any decision or recommendation to the City Council you would like to make? Meridian Planning & Zoning June 14, 1994 Page 13 - Rountree: Mr. Chairman, I move'#hat the Meridian Planning and Zoning Commission hereby recommends to the City. Council of the•City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in these findings of fact and conclusions of law. And if the conditions are not met the property be de-annexed. Hepper: Second Johnson: It is moved and seconded to pass a recommendation on as read, all those in favor? Opposed? MOTION CARRIED: All Yea Rountree: Mr. Chairman, on this item #13 and the 2 previous items we haven't addressed the preliminary plat have we and do we need to? I think we need to. Rountree: Can we do that by consent after item #14 if city staff is comfortable with the preliminary plats. Johnson: Comment City Counselor. Crookston: You can do that. ITEM #14: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR RAMBLE WOOD SUBDIVISION ANNEXATION AND ZONING WITH A PRELIMINARY PLAT: Hepper: Mr. Chairman, we have the same typo on page 13, Planning and Zoning Commission should be changed to Council. Johnson: Any other changes or discussion regarding these findings of fact and __ conclusions of law? Hepper: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact and conclusions of law Shearer: Second Johnson: Its been moved and second to adopt the findings of fact and conclusions of law as stated, roll call vote. ROLL CALL VOTE: Hepper -Aye, Rountree -Aye, Shearer -Aye, Alidjani -Aye .w r Meridian Planning & Zoning May 31, 1994 Page 22 Alidjani: My motion is to approve the preliminary plat with those conditions that I have stated. Rountree: Okay, that motion has been moved and second to recommend the preliminary with the conditions so stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR FAWCETT'S MEADOWS NO. 2, 10 LOTS BY RONALD HENRY AND J. REECE LEAVITT: Rountree: Anyone here for the applicant to make a presentation? Ronald Henry, 6301 Charleston Place, Boise, was sworn by the City Attorney. Henry: Mr. Chairman, Commission members this is a proposed subdivision which is an addition to Fawcett's Meadows No. 1 which was approved last month. This is a small subdivision of 10 lots and it is directly south of the #1 subdivision. The total piece of property is 5 acres it is located at 2240 South Meridian Road. What is planned for the 10 lots is really an extension of Fawcett's Meadows No. 1, in other words there are going to be all the utilities connected and extended to these lots. The pressurized irrigation system will be extended to these lots. So basically it will be just a small extension. Some of the comments I might address by Gary Smith, item #3, what provisions are being made to pipe irrigation and drainage ditches aa-oss the property. Basically we are going to discontinue those ditches are we are going to provide pressurized irrigation system to the entire parcel. Item #5, submit proposed restrictive covenants, these covenants wiU be the same as I have submitted in the first subdivision. The storm drainage system and collection system will be an extension of the first phase. Item #8, there probably will have to be a variance or there appears to be a variance for the setbacks of the buildings on Lot 9 and 10 -Block 4. I guess we just have to apply for a variance on that. The sewer service for Lot 10 will most likely be extended down Fawcett Avenue and to Lot 10 across tot 9 I think that is the best way to do that. 1 think that is really about all I have. Rountree: Any questions? Thank you, anyone wish to testify on this application? Seeing none I will close the public hearing. Is there a recommendation, motion? We needs findings. Shearer: I move we have the City Attorney to prepare findings of fact and conclusions of law for this project. •" Meridian Planning & Zoning May 31, 1994 Page 23 Hepper: Second Rountree: Its been moved and seconded for findings of fact, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR RAMBLE WOODS SUBDIVISION, 13 LOTS BY DAN HARDEE AND TEALEY'S LAND SURVEYING: Rountree: I will now open the public hearing, anyone from the applicant here tonight? Ted Hutchinson, 109 South Fort Street, Boise, was sworn by the City Attorney. Hutchinson: Thank you Mr. Chairman, members of the Commission, (inaudible). This has a slight modification since it was originally submitted to the City, the modifications came after our meeting with the Ada County Highway District and technical review. But the Highway District recommended that we provide a stub street to the west of the property for this development and this design reflects that change. This is still a 13 lot subdivision, we are asking for annexation into the City of Meridian, the Meridian City limits currently are located at Ustick Road which is the south boundary of our property. The parcel itself is about 4.19 acres we are asking for an R-4 zoning designation when this is annexed into the City. That would provide 4 lots which are in excess of 8,000 square feet. We have designed this proposal so that the lots exceed that minimum lot requirement and in fact the lots are exceed 8300 square feet. Those lots that are the smallest are long the north side of the parcel, outside the right of way for Five Mile Creek. Again this was redesigned following a technical review meeting with the Ada County Highway District. We believe that we have addressed most of the issues they have raised. This will be serviced by Meridian water and Meridian sewer. I believe the sewer connection will be through a subdivision which is later on your agenda. We believe this qualifies for annexation because it is contiguous to the current city limits. What we are proposing is consistent with the existing and proposed development in that that area. We have gone through the comments from Mr. Smith with regard to the subdivision itself and Mr. Smith's comments were made with the previous design. He has been provided with a copy all be it a little late because of the timing between the Ada County Highway District meeting and the time we could work it into the schedule with our grasp to get the changes made, however we did provide a copy to Mr. Smith. With regard to Mr. Smith's comments we feel that we can or have complied with all of the requirements tha# Mr. Smith has presented. We will submit any other documentation that he has asked for. The revised plat shows the refereed benchmark as required in #5. We show the existing and proposed utilities and the sanitary sewer connection will be in conjunction with the Hartford Subdivision as I have indicated Meridian City Council May 3, 1994 Page 4 Corrie: Mr.~ Mayor, I move we approve Ordinance. #645 with the suspension of the rules. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve amended ordinance #645 with suspension of the rules, Counselor on my agenda it is Amended Ordinance #645 on the Ordinance you prepared it is just #645 does that require amended in front of it. Crookston: It should Kingsford: The correction will be made on the signed copy, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #6: AMENDED ORDINANCE #646 - FAWCETT'S MEADOWS ANNEXATION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NORTHWEST 1 /4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE- MERIDIAN, ADA COUNTY, IDAHO; AND 'ROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like amended Ordinance #646 read in its entirety? Is there a motion? Tolsma: Mr. Mayor I move we approve the amended ordinance #646 with suspension of the rules. Corrie: Second Kingsford: Moved by Ron, second by Bob to approve amended Ordinance #646 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #7: AMENDED RESOLUTION 111-A -BUILDING PERMIT FEES: Kingsford: Council members have you reviewed that, does it meet with your Meridian City Council April 19, 1994 Page 16 Kingsford: Will the second be withdrawn please. Yerrington: So moved Kingsford: Withdraw the motion Morrow: I with draw the motion Kingsford: Is there a new motion Morrow: The new motion would be the same motion as before subject to passage of the annexation ordinance. Yerrington: Second Kingsford: Moved by Walt,. second by Max to approve of the preliminary plat of Sportsman Pointe subdivision conditioned upon pressurized irrigation being met and passage of the ordinance annexing and zoning, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED AT APRIL 5, 1994 MEETING: PRELIMINARY PLAT AND AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FAWCETT'S MEADOWS SUBDIVISION BY RONALD HENRY: Kingsford: Are there any questions the Council has on that? Morrow: I have questions for Gary Smith concerning, I think before the question was with respect to Lot 8. We have in our ;packet a small schematic and an option agreement concerning this. According to my notes we were talking about Lot 8 - _ Block 1, have you reviewed what has been submitted by Mr. Henry in terms of the configuration and I think the option agreement is pretty self explanatory as proof of ownership interest. Smith: Only a minimum of review Councilman Morrow. The Lot will be part of Lot 3 as I review the drawing of Running Brook Estates. And it will receive sewer and water service off of Calderwood as Lot 3 did. I guess the only issue would be the easement for Ten Mile Drain, that they recognize that easement and locate it an appropriate distance from. I did not look into the tloodplain issue on this lot, but I don't think there is a problem in Ten Mile Drain at this point. I think everything is passing through this subdivision. I believe the crossing on Calderwood was sized y Meridian City Council April 19, 1994 Page 17 such that the 100 year storm would pass and not cause any restrictions. So those would be my only comments on this lot. Kingsford: Any other questions of Mr. Smith? Is Council prepared to take action? Morrow: I might have some questions for Mr. Henry with respect to. Essentially I have the same questions, the pressurized irrigation issue and have you submitted covenants and restrictions to the City Attorney for his review? Henry: Yes on the later, and as far as the pressurized irrigation it hasn't been an issue that has come up. But if it is a requirement we will meet it. I guess I qualify that to say as long as there is enough water and that is fed through the property to handle that. We have 2 wells on the site, but whether they can be converted into using or feeding a system I don't know. But if it is a requirement we will comply. Kingsford: Certainly you should consider that, you will have to look at those specifications and maybe talk to Nampa Meridian. Any other questions for Mr. Henry? (End of Tape? Morrow: Does one motion take care of both the amended findings of fact and conclusions and the preliminary plat or do those 2 things need to be separate? Crookston: Separate. Morrow: The proper sequence would be findings first. I would move we approve the amended findings of fact and conclusions of law for Fawcett's Meadow subdivision. Yerrington: Second Kingsford: Moved by Walt second by Max to approve the amended findings of fact _ - and conclusions of law for Fawcett's Meadows subdivision, all those in favor? -_ Opposed? Corrie: Isn't that a roll call vote? Kingsford: , Yes, roll call vote ROLL CALL VOTE: Morrow -Yea, Yerrington, Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Meridian City Council April 19, 1994 Page 18 Yerrington: We didn't have a roll call vote on the. other one. Kingsford: We need to go back to other one. Is there a a motion the preliminary plat. Crookston: You need to have the annexation ordinance- drawn, if you are going to approve the plat you need to approve it subject to the ordinance. Morrow: Mr. Mayor I would move we instruct the City Attorney to draw the annexation ordinance for the Fawcett's Meadows subdivision and zoning. Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare the annexation and zoning ordinance for Fawcett's Meadows subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Is there a motion on the preliminary plat? Morrow: Mr. Mayor, I would move we approve the preliminary plat subject to the addition of the pressurized irrigation system and subject to the approval of the annexation ordinance. Yerrington: Moved by Walt, second by Max to approve of the preliminary plat subject to meeting the pressurized irrigation and the approval of the annexation and zoning ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: We need to revisit the issue on Sportsman Pointe, findings of fact. and -_ conclusions of law. Entertain a motion to take that back up. Corrie: So moved Tolsma: Second Kingsford: Moved by Bob, second by Ron to reconsider the Sportsman Pointe subdivision for the purpose of findings of fact, all those in favor? Opposed? MOTION CARRIED: All Yea s Meridian City Council April 5, 1994 Page 46 Kingsford: (Inaudible) to enforce-that whole thing. as we get that letter. ITEM #15: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR FAWCETT'S MEADOWS BY RONALD HENRY: Kingsford: At this time I will open the publir, hearing and invite the applicant or his designee to speak first. Ron Henry, 6301 Charleston Place, Boise, was sworn by the Attorney. Henry: This is a proposal a request of annexation and zoning of some property 15 acres approximately south of East Calderwood and East of Meridian road. The proposal is for a subdivision of 39 lots. I guess to cut it real short so we can all go home, the only thing that I am questioning is a comment by Wayne Forrey in his letter about constructing a pedestrian bridge to access Lot 8 -Block 1 which is a triangle parcel. It is on the east side of Ten Mile Creek, that parcel is pretty much landlocked and very difficult to get to. I submitted a letter to the city which is included in the second to the last page of the packet. In the letter it really, my initial statement was to offer the parcel to the City as a mini park, but it appeared that since it is so landlocked, the next page is kind of an excerpt of 3 subdivision and where the parcel sits. It is really landlocked and it really can't be used or have good access for a City park so what I have done is contacted Steve Anderson who is a developer of Running Brook and had some discussions with him to see if we could integrate that parcel in with his subdivision. Kingsford: Mr. Smith, Terry, before you get out of here the name of that subdivision that you wanted to know is Running Brook, now you can go home. Sorry to interrupt. Henry: We have had some discussions on how we are going to integrate it and I think the main point of this is the fact that in the condition of approval it states that we have to put a pedestrian bridge, a 20 foot right of way or access between parcels 2 and 3. And I really don't think that is really a feasible approach or solution to the problem. Other than what is stated in there that is my only concern. I have had some discussions with Mr. Forrey about, I know he is here. He might give a word or 2 about our discussions. Kingsford: Any questions for Mr. Henry? Yerrington: What size is this parcel of land Mr. Henry? .. Meridian City Council April 5, 1994 Page 47 Henry: It is approximately 1 and "1 /4 acre. Yerrington: What is the dimensions do you know? Henry: It is 300 on the north side, 400 on the east side and 500 along the creek. Yerrington: Thank you. Morrow: Have you reviewed Mr. Smith's comments? His 15 or 14 points in the follow up point #16 with respect from Bruce Freckleton concerning domestic water and sewer on Lots 2 and 5 on Block 5? Henry: Yes Morrow: And you are in agreement? Henry: Yes, there is no problem, I have no problems with any of the requirements except the one that I just mentioned. Kingsford: Mr. Henry did you see Mr. Gary Smith's possible proposal map here? Henry: I did, well, I talked to the Fuller's whether they would be interested in any of this parcel and they basically said no. And, also I talked to Steve Anderson and I think we have a couple ideas on it that could be used very well. Also we have one idea to the fact that we could possibly use this, set this up as one large parcel with acquiring one of the parcels as an access to the lot. And that was an idea, but I think we hadn't really come to firm decision on how to do it yet. Kingsford: Of course a major concern that we would have is that access to the drain and the proposed bike path. _ Henry: As far as the proposed bike path on both sides of the creek I am completely in agreement with it. We will provide whatever the City would like to have in there. I have no problem with that. Kingsford:. Thank you very much, is there anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Counselor. Morrow: Mr. Forrey, your comments concerning this please. Meridian City Council April 5, 1994 Page 48 Forrey: Mr. Mayor, members of the Council, and Councilman Morrow, when I reviewed this project and I saw that triangular remanent the first thought through my mind because it is next to the creek was there is a mini park that the City could work with the developer on. And the developer was gracious enough to consider that and at the Planning and Zoning Commission offered that, that if the City was wilting to take that over for ownership and maintenance that might work. Since then though, I think he has realized the City may not want something that small. And it is a little more landlocked than I originally thought. So, the major thing 1 was looking at when I commented on that as Planning Director was that some component of recreation be integrated into that subdivision. As long as a bike path is there I think we have accomplished that goal. So, the mini park idea is not feasible as long. as we have that bike path I think we are in good shape. Kingsford: Your request Mr. Henry for preliminary. plat, I guess we don't have a clear preliminary plat. You are basically asking for annexation and zoning are you not. Henry: No, I'm sorry we have submitted a preliminary plat along with this, there are 3 or 4 copies of it throughout this packet. Kingsford: I misunderstood your comments to say you had some ideas. Henry: A little confusing, there is one plat in here that shows only the first 10 acres and then during the discussions with the Planning and Zoning we had the opportunity to acquire another parcel which added some lots. So, we revised the preliminary plat which you see. That is a big version of it right there. Kingsford: I guess Mr. Henry we are looking at a couple different things here, this Fawcett's Meadows, would you explain to me how you plan to access that lot? Henry: If you look at the last map in the packet it shows the adjacent parcels in ._ Running Brook, one idea, well there are several ideas that I have. One is to extend _~__ each of those parcels and we will basically divide up that parcel and add to parcels 1, 2 and 3, that is one idea. The other is for us to acquire parcel 3- Block 2 and use that as an access to the parcel and leave Parcel 8 as a large parcel and just basically develop that into. Kingsford: So that parcel Lot 3 would not be a building lot? but Lot 8 that you are proposing here would be? Henry: Right, Lot 3 is really a substandard lot anyway.. So, what we thought is we could use that as the access lot and build a very nice project and just have one lot Meridian City Council April 5, 1994 Page 49 rather than to try to divide it up. ~ It is a very similar lot in Meridian Greens probably just south of Ten Mile Creek on the other side of the Creek there is a large triangular piece about an acre. Somewhat the samesituation is kind of an odd parcel was sold off as a very large parcel. Kingsford: I guess an issue is we are approving a plat that has no access, am I right? Henry: That lot does not have any access that is right. Kingsford: That lot is the plat. Henry: That is right. Morrow: I think my question is of the Counselor,.how to deal with the plat with a lot that has no access if that is what the issue is here. I think he has indicated that we can move the strike the findings and facts in terms of that parcel going to the City and that solves that part of the problem but I guess the bigger issue is how do you get the. Crookston: Well, you can certainly annex and zone, the concern is in the platting. Kingsford: Well, we are asked to deal with the preliminary plat, so that is something that we deal with jointly. Crookston: You don't have to deal with it jointly, but you can. Morrow: Well, how are we going to deal with it jointly if we don't have any idea of what is going to happen with the parcel. We have 2 or 3 choices here with respect to the parcel and that is `iot very definitive in terms of what we are buying; so to speak. I don't have a problem with doing the annexation but I have a bit of a problem _ -- doing the preliminary plat without that issue resolved. --_ Kingsford: I agree, if that is your pleasure then let's look at the findings approval and annexation and zoning and table the preliminary plat. Morrow: So moved Tolsma: Second Kingsford: Discussion Meridian City Council April 5, 1994 Page 50 Crookston: ~ Better adopt the findings Kigsofrd: I think that Walt ran a blanket thing here and I think I will clarify that. Its been moved and seconded to approve the findings of fact and conclusions of law as prepared, roll call vote. Morrow: Clarification, I think the motion should exempt the references in the findings of fact to that parcel going to the City. Tolsma: Second approval to that ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All yea Kingsford: Entertain a motion then to have the City Attorney to draw up an ordinance annexing and zoning the aforementioned property. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to have the City Attorney draw up the ordinance annexing and zoning this property, all those in favor? Opposed? MOTION CARRIED: All yea Kingsford: Is there a motion to table the preliminary plat until there is a remedy for Lot 8? Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to table the preliminary plat until the issue with regard to landlocked Lot 8 be resolved, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Any questions on that Mr. Henry? Meridian City Council April 5, 1994 Page 51 Henry: Can 1 come back to you next meeting with the solution? Kingsford: Yes, we have to table it until next meeting which is April 19th. We will want to see and hopefully you will have that to us the Thursday prior so the Council will have an opportunity to review it. Henry: If I acquire a lot option agreement on that. particular parcel with that satisfy the Council? Kingsford: I would say it probably would for me. Again we encourage you to have that in the Thursday prior so the Council has that in their packet to review. ITEM #16: WATER/ SEWER/ TRASH/ DELINQUENCIES: Kingsford: This is to inform you in writing that if you choose to you have the right to a predetermination hearing at 7:30 P.M. April 5, 1994 before the Mayor and City Council to appear in person and be judged on the facts and defend the claim made by the City that your City sewer/ water/ trash bill is delinquent, you may retain counsel. Your service will be discontinued on the 13th of April 1994 unless your payment is received in full. Is there anyone from the public that would like to contest their sewer/ water/ trash bill delinquency? Seeing none I will entertain a motion to approve the turn off list. Tolsma: So moved Morrow: Second Kingsford: Moved by Ron, second by Walt to approve the turn off list, all those in favor? Opposed? MOTION CARRIED: All yea _ - - Kingsford: You are hereby informed that you may appeal or have decision of the City reviewed by the Fourth Judicial Court pursuant to Idaho Code. Even though they appeal their water will be shut off. The amount of the turn off list this month is 59,031.00. ITEM #17: APPROVE BILLS: Tolsma: So moved FED 2 2 ~~9~t February 22, 1994 C (~F ~IE~~~~~lPd Will Berg City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 Dear Mr. Berg: In January I submitted applications for Prelirinary Plat Approval and Annexation/Rezoning for a new subdivision named Fawcett's Meadows. The Preliminary Plat Map has a 1.25 acre parcel located on the east side of 10 Mile Creek which is isolated from the rest of the subdivision. In my discussions with Wayne Forrey prior to the Planning & Zoning Committee public meeting, I offered to donate the parcel to the City if the City would improve and maintain it so that it could be used by the public as part of the 10 Mile Greenbelt. The feedback I have received since my offer is that the parcel is too small to be designated for a City park and it is very isolated from any access from other subdivisions. It doesn't appear that the parcel is of any use to the City. Two weeks ago Steve Anderson, who is developing Running Brook Subdivision, asked me if I would be interested in letting him acquire the parcel so that it could be added to his subdivision. I told him of my offer to the City and also told him that I didn't think the City was interested in the parcel. It appears that this may be the best solution to the problem. Steve said that he would add a portion of the land to each of the three parcels that are adjacent to the 1.25 acre parcel. This would insure that the parcel would be maintained as an integral part of the Greenbelt. Therefore, I request that my offer be withdrawn from consideration so that the subject parcel can be added to the Running Brook Subdivision. If you would like to discuss this further, please call me at 376-7238. Y ur truly, // ~U z ~ ~ o ~ ~. . Ronald L . Henry ~ ~ o ~ ~ o~ ° ° ° . M ate ' '' U ~r ~ e, n ~~ c h ~ , n ~7 xo ~ M ~ ~ ~ N a 7 t~ G7 N O ~ °~ t 0 a U Meridian Planning & Zoning February 8, 1994 Page 12 MOTION CARRIED: All Yea _ ITEM #8: PUBLIC HEARING` REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR MERIDIAN MEADOWS BY RONALD HENRY (REVISION): Johnson: I'll now open the public hearing, is the applicant or someone representing the applicant here and would like to address the Commission please do so at this time, you will need to be sworn. Ronald L, Henry, 6301 Charleston Place, Boise, was sworn by the Attorney. Henry: Mr. Chairman, Commission members, this request is for approval of annexation and rezoning and preliminary plat for Meridian Meadows subdivision. The location of the proposed subdivision is a quarter mile south of the intersection of Meridian and Overland, its east of Meridian Road and south of a new street East East Calderwood. Let me just make a comment about the name Meridian Meadows, we received a word of denial of the name so we kind of restructured to Fawcett's Meadows and I'm going to submit that as the new nam ._-The proposed subdivision is comprised of 39 lots for single family homes on th 4.6,Jacres. The density is 2.7 lots per acre, we are requesting a. R-4 zoning with a mimum of 8,000 square feet per lot, the largest building^~ll be 17, 675. There are 2 existing homes on the property, both of which will be integrated into the plan in the subdivision. I have reviewed all the comments back front the various agencies and I think I can accept most of the recommendations. There is just a couple questions that I have which I just wanted to pose. 1) Has there been a policy decision on the 12 inch water line down the east side of Meridian road south of East Calderwood? 2) What is the City's position on Lot 8, Block 1 on the east side of Ten Mile Creek, I propose that it be donated to the City, however if the City do?s not want, I've been offered or at least I will off~~,r it to Running Brook Estates, because it is really more contiguous to their development rather than ours. - Johnson: Well, I would certainly recommend that you make that offer to the City, when you reach the City Council level it would probably be resolved at that point. With respect to his question, Bruce is there an answer to that yet. Freckleton: I don't know Johnson: Bruce is representing our Engineering Department and doesn't have an answer for you yet on the pipe. Henry: On our Preliminary plat we showed the pipe running along the east side of f ~. Meridian Planning & Zoning February 8, 1994 Page 13 Meridian. Johnson: Did you have an opportunity to talk to Bruce about his recommendation? Henry: No I didn't. Freckleton: That was one of Gary's (inaudible) Johnson: The one with the lot being denied access? Freckleton: No Johnson: No, not that, the one you had in here about, its not access, its the existing domestic water and sewer services Lot 2 and 5, Block 5, the wells must be terminated with this annexation, so did you talk to him about that? Henry: I didn't talk to him, but this is a new plat it has changed. Those 2 lots now will be serviced from the south, Lombardy Street. We've made some changes to resolve the concerns that were raised the first time around. Johnson: Is that all you had for us? Any questions of Mr. Henry? This is a public hearing, is there someone else that would like to address the Commission on this application, now is the time. Seeing no one then I will close the public hearing. We need Findings of Fact on this gentleman. Shearer: I move we have the Attorney prepare Findings of Fact and Conclusions of Law on this project. Alidjani: Second Johnson: We have a motion to have the City Attorney prepare Findings of Fact and Conclusions of Law for the request for annexation and zoning for Meridian Meadows, soon to change its name, all in favor? Opposed? MOTION CARRIED: All yea ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR HAVEN COVE #5 BY INTERWEST DEVELOPMENT AND DAVID COLLINS: Johnson: I'll now open the public hearing, if there is someone representing the MERIDIAN PLANNING & ZONING COMMISSION MARCH 8 1994 The regular meeting of the Meridian Planning & Zoning Commission- was called to order by Chairman Jim Johnson at 7:30 P.M.: Members Present: Charlie Rountree, Jim Shearer, Moe Alidjani, Tim Hepper: Others Present: Will Berg, Wayne Crookston, Shari Stiles, Wayne Forrey, Gary Smith, Max Yerrington, Walt Morrow, Morgan and Marilyn Plant, Marshall and Mary Smith, Anna Doty, Ted Hanson, Bruce Tuttle, Jim Witherell, Nathan West, Reece and Belle McMillan, Gary Hambly, Aulie Roberson, Jack Siemson, Bruce Borup, Ron and Bonnie McKague, Robert Smith, Thelma Bross, Richard Bross, Chuck and Lynn Salisbury, Jack Anderson, Dale Newberry, Richard Caller, Jeff Lincoln, Tom Mercer, Tom and Barbara Geile, Diane Beaulieu, Celeste Fleminier, Dyane Thompson, Dave Thompson, Elwood Rennison, Dana Harper and Melinda Harper, Tim and Heather Odd, Dan and Debra Alderson, Todd Montrous, Bev Donahue, Jim Mercee, Bruce Thompson, Mike Preston, Gene Pressley, Terry Mitchell, Erik Hanson, Tom Poores, Don Bryan, Larry Sale: MINUTES OF PREVIOUS MEETING HELD FEBRUARY 8, 1994: Johnson: Are there any corrections, additions or deletions? Alidjani: Mr. Chairman, I have one. On page 12, the 6th line after Mr. Ronald Henry's talk and Henry said, "this is 8,000 square feet lot the largest building will be 17,675 I believe there is an error here. We can't have a 17,000 square foot building in an 8,000 square foot lot. Johnson: We need to review that, do you recall that Wayne? Crookston: I don't. Alidjani: Let me reae it here, its says the density is 2.7 lots per acre, we are - requesting an R-4 zoning with the minimum of 8,000 square feet per lot the largest building will be 17,675. -_- Shearer: I think that is building lot. Alidjani: So scratch the building and put lot or add lot. Johnson: Any other corrections? If there are no further corrections to the minutes I'll entertain a motion for approval. Rountree: Mr. Chairman, I make a motion we approve the minutes of the previous meeting. Planning & Zoning Commission March 8, 1994 Page 2 Alidjani: Second - Johnson: Its moved and seconded to approve the minutes approved as written with the correction, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF .LAW FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR MERIDIAN MEADOWS BY RONALD HENRY: Johnson: This now has a new name, Fawcett's Meadows. You have digested the Findings of Fact and Conclusions of Law are there any corrections, any discussion? On item 19 Wayne, we have still have that one typographical error that keeps cropping up the net to not. Are there any other changes? Rountree: Mr. Chairman, I make the motion that the Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Alidjani: Second Johnson: Its moved and seconded to approve the Findings of Fact and Conclusions of Law as prepared by the City Attorney, this is a roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Johnson: Any recommendation to the City Council? Rountree: Mr. Chairman, I make a motion that the Meridian Planning and Zoning _-~ Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the applicant be specifically required to the all ditches, canals, waterways and that all ordinances of the City of Meridian, specifically including the development time requirements, and enter into the required Development Agreement and if the conditions are not met that the property be de-annexed. Shearer: Second r~ Planning & Zoning Commission March 8, 1994 Page 3 Johnson: Moved and seconded ~o pass a favorable recommendation onto the City Council as so stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING FOR SUMMERFIELD SUBDIVISION BY MAX BOESIGER AND NUBBLE ENGINEERING: Johnson: Any corrections to these Findings of Fact, any discussion? There is a typo on item #24, page 6. Meridian School District shouldn't be a period in there. I believe that is all I have. Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact. Shearer: Second Johnson: Moved and seconded to approve the Findings of Fact as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Hepper -Yea, Alidjani -Yea, Shearer -Yea, Rountree -Yea MOTION CARRIED: All Yea Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the conclusions of law for the property described in the application with the conditions set forth of the findings of fact and conclusions of law and that if the conclusions are.not met that the property be de- _- annexed. Rountree: Second Johnson: Moved and seconded to pass a recommendation onto the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR HAVEN COVE NO. 45 BY INTERWEST DEVELOPMENT AND DAVID COLLINS: ORIGINAL AMENDED ORDINANCE NO. 646 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land in the Northwest 1/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Nort thence South 00°55'00" OF BEGINNING; thence South 00°55'00" thence South 89°59'15" thence North 00°46'50" thence North 89°59'15" OF BEGINNING. hwest West, West, East, East, West, corner of said Section 19; 1519.92 feet to THE POINT 583.50 feet; 1121.3 feet; 583.47 feet; 1120.32 feet to THE POINT is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: AMENDED ANNEXATION ORDINANCE - FAWCETT MEADOWS Page 1 ,cud ORDINANCE NO. 646 AN ORDINANCE. OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land in the Northwest 1/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: ~~, Commencin at the Northw ~~ 9 est corner of said Section 19; thence South 00°55'00" West, 1908.92 feet to THE POINT OF BEGINNING; thence South 89°59'15" East, 1121.82 feet; thence North 00°46'50" East, 194.49 feet; thence North 89°59'15" West 1121.30 feet to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referrenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de-annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. l ~1 l~~y ~ DATE: ~ MERIDIAN PLANNING AND ZONING AGENDA ITEM NUMBER ~~ APPLICANT: AGENCY ~ COMMENTS: << ~ ~ , MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - ,~9 c-sY~-•-~ BUREAU OF RECLAMATION - ~-~ ~~ MERIDIAN CITY ATTORNEY - MERIDIAN PLANNLNG DIRECTOR - ~-sL ~ OTHER COMMENTS• pm~ `~\?,\, ,N~ '!1~~ r ,;r~~ \\ CH 3 _. IN REPLY REFER T0: 424 LND-1.00(BOI) United States Department of the Interior BUREAU OF RECLAMATION CENTRAL SNAKE PROJECTS OFFICE 214 BROADWAY AVENUE BOISE, IDAHO 83702-7298 Mr. Wayne Forrey Meridian Planning City of Meridian 33 East Idaho Ave i~ieri di an ID 83642 January 3, 1994 & Zoning Commission T~E~ ~ A~Mk~~~~ O ~~~~~ Jq,y ., ~~ '®F ~ X994 ~~~~~~~ __ ___ ~_ Subject: Review of eridian Meadows Preliminary Plat'(Zoning Review) Dear Mr. Forrey: The United States' Ten Mile Drain forms this proposed subdivision's eastern boundary. This drain was constructed and is maintained under authority of the Act of August 30, 1890. That act reserved in the patent for lands that left the public domain after that date, "...a right of way thereon for ditches or canals constructed by the authority of the United States" (26 Stat. 391; 43 U.S.C. 945). The Nampa Meridian Irrigation District is contracted to operate and maintain the drain within this right of way. We appreciate the developer showing the right of way appropriately dimensioned. To assist this development making an orderly addition to our community, we request that conditions of this subdivision's approval be: 1. The plat be labeled, "United States' Ten Mile Drain Easement" along that facility. 2. We request a plat note be added reading, "No buildings, fences, trees or shrubs, or other permanent improvements may be placed within the United States' Ten Mile Drain easement without permission from the Bureau of Reclamation." 3. The City of Meridian obtain a permit from the Bureau of Reclamation for the proposed sewer line. Please contact John Caywood of my staff (ph. 334-1463) if we can be of any ass_i_stance. Jerrold D. Gregg Project Superintendent cc: Nampa Meridian Irrigation District HUB OF TREASURE VALLEY OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer Memorandum A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208)888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI To: Meridian Planning and Zoning Commission, Mayor nd City Council From: Wayne S. Forrey, AICP - Plannin Director ~ ` g \ ~~ Date: Jan L~,~ nary 6, 1.994 Regarding :Annexation and Zoning o_R-4 with a Preliminary Plat of Meridian Meadows by Ron Henry Annexation and land use request of R-4 complies with the°'eurrent Comprehensive Plan with the exception of adequate recreation facilities to serve this development area. This site is adjacent to the Ten Mile Creep which has been designated for future pathway development by the Federal Government and the City of Meridian. A'pathway concept design plan must be submitted to the Bureau of Reclamation and the City for approval and compliance with the County Pathway Plan and Meridian Comprehensive Plan. The Comprehensive Plan indicates a need for a developed pathway in this area. All other public services are available or within reasonable service areas for extension. As a condition of approval the Preliminary Plat should be redesigned to include a recreation area next to the creek perhaps using lot 6 in aprivate-public partnership for park development and public maintenance. A pedestrian bridge to the East over 10 Mile Cr. is needed to link the various existing and future subdivisions together and meet the School Districts need for Dedestrian access between subdivisions. As a condition of approval, the developer/owner must enter into a Development Agreement addressing subdivision access linkage, pathway development and Recreation Services. This agreement must be approved by the City prior to Final Plat approval. As the site improvement plans are prepared and submitted, City sta$'will review and approve any site designs to achieve a high quality project as called for in the Comprehensive Plan and in neighborhood meetings. .~- MERIDIAN CITY COUNCIL MEETING: August 2.1994 APPLICANT: RONALD HENRY AGENDA ITEM NUMBER: 20 REQUEST: FINAL PLAT: FAWCETT'S MEADOWS NO: 1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: COMMENTS FORTHCOMINING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: 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: ' NUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., Cily Clerk e CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CQRRIE neer GARY D. SM TH, P.E. Clty Eng WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner 8 Zoning Administrator W.L. "BILL" GORDON, Police Chfef JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGS~ORD Mayor MEMORANDUM: July 27, 1994 To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer ch~~ Re; FAWCETT'S MEADOW SUBDIVISION (Final Plat) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Please submit Ada County Street Name Committee letter approving the street names. Make any revisions necessary to conform. 2. Add the recorded Plat Book and Page information under the "Running Brook Estates" label, and change the label along the south boundary to "Unplatted" . 3. Add the "Information of Record" text and symbol to the Legend. 4. Revise the Plat Notes as follows: (9.) Lot 1 Block 1 is designated as a Common Area Lot, and is to be owned and maintained by the Fawcett's Meadow Community Association. The City of Meridian shall also hold a Blanket Sewer Easement on this Lot. (14.) The bottom of house footing elevation shall be a minimum of 12 inches above the highest established seasonal high ground water elevation. 5. Create a 20 foot wide Common Area Lot in place of the easement indicated between Lots 3, and 4. This Common Area Lot is to be owned by the Fawcett's Meadow Community Association. An agreement needs to be reached between the developer and the Ada County Highway District regarding the maintenance of the Lot, and drainage facilities. 6. Indicate on the plat map how Lot 7 Block 1 is to get access to a public right-of--way. 7. Identify the three different Easement lines indicated along both sides of the Ten Mile Drain. 8. Add the "Lot Square Footage" and "Lot Square Footage Exclusive of Easements" text and symbols to the Legend. C: \ W PW INbO\DUMPSTER\FA WCETT l . C-C 9. Add the "Witness Corner" text and symbol to the Legend, and to the points indicated along the Ten Mile Drain. 10. Clarify where the Lot lines, and Right-of--Way lines are at the northwest corner of Lot 1 Block 5. 11. Revise the "Certificate of Owners" as follows: (Line 9) ... 60.01 feet to a point on the southerly ... (Line 10) ... Calderwood Street , said point being a set ... (Line 12) ... Plastic Cap on the westerly boun of Meridian Greens -Unit No. 3, filed in Plat Book 63 at Page 6402; (Line 13) ... Unit No. 3, (Formerly ... (Line 22) :.. Easements shown ... (Line 24) ... said Easements. All Lots within this Subdivision Plat will be eligible to r~ceiv~ water service from the Citv of Meridian's Munici water system, and the Ci of Meridian has aereed in writing to serve all of the Lots in this Subdivision. 12. The blueprint copies of the Subdivision Plat maps that were submitted to the City Engineer's Office for comments, are being returned to the Developer's Engineer/Surveyor with the above comments indicated on them, as well as some other minor drafting corrections. These redlined maps need to be returned to this office when the revisions have been made. C:\WPWIN60\DUMPSTER\FAWCEITI .C-C • HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIAN MAX YERRINGTON W GARY D. SM THS P.E. City Engineer ALT W. MORROW BRUCE D. STUART, Water Works Supt. Waste Water supt. SHAWCROFT JOHN T 33 EAST IDAHO SHARI STILES , . KENNY W. BOWERS, Fire Chiel IDAHO 83642 MERIDIAN Planner z- Zoning Atlmin~stra[cr W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney , Phone (208) 888-4433 • FAX (208) 887-4813 a •^ , s,~ ~ JIM JOHNSON E'C;;;,,a"+ aj ~~ Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD ,~ V I '~ ~ '~~J~ Mayor ~~ ~~ t'~~r~~~~~1~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26. 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST:_Final Plat for Fawcett's Meadow Subdivision BY: Ronald Henrv __ LOCATION OF PROPERTY OR PROJECT: Meridian Road and Overland Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REC~.~ATION(PRELIM & FINAL Pj CITY FILES JJ _ ~ ~ ~, YOUR CONCISE .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, Watee Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 858433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES R~~~~q ~I~iF~Zoning Administracc~ a / $,• ge JIM JOHNSON Chairman -Planning eR Zonins JUL1419~4 C~~~, U'i' ~i.a:s:ia. u~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Julv 26. 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Fawcett's Meadow Subdivision BY: Ronald Henrv LOCATION OF PROPERTY OR PROJECT: Meridian Road and Overland Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES ~/ OTHER: ~ ~-3 ' ~y YOUR CONCISE REMARKS: ~ ¢ ~.~ o / Tomas 1. ~ r~ ~.~ dl s A Good Place to Live CITY OF MERIDIAN RECEI~IE~ SUBDIVISION EVALUATION SHEET ~~~ 2 $ 1994 GITY OF MERIDIAN Proposed Development Name FAUCETT'S MEADOWS City MERIDIAN Date Reviewed 7/21 /94 Preliminary Stage Final XXXXX Engineer/Developer Briaas Engr. /Meridian Meadows Partners The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. ~ FAUCETT'S MEADOWS SUBDIVISION X. o l~--e~~ ~ _ .Date 7 Z/-~1 V 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 developme~~t in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "S. MERIDIAN ROAD" "E. CALDERWOOD STREET" "E. OVERLAND ROAD" "W. OVERLAND ROAD" The following new street names are approved and shall appear on the plat as: "S. FAWCETT WAY" "E. LOMARDI STREET" "E. SIEMSEN STREET" "S. GRANVILLE 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 COMMITTE , A E Y REP SE TIVES OR DESIGNEES Ada County Engineer John Priester Date Z~ Ada Planning Assoc. Terri Raynor L e- "Date 1 ~-I ~~ Meridian Fir District Representative }'I `~~. ~ ~ ` - i-`-Date ~~ I NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS Z~ TR SUBSISM CITY.FRM • ! e ! ~! ~ !~ ~ ~ ~ ~!~lYili!!!~!!!'R!!!!!f!!L1!!ilRi~~~ ` ~ t ~ i ~ ~~ ~ ~ ~ _~ sp~yy gt~ ~ ; {~Lfff!`!!:!!~!!!!!!l:l~;llfiu~9!!s!:! ~~~ ~,~ ~ ~'i ' s ~ w....w t~ i*~ i~ j i'j ~i ~' i ~ ~ ~ ~ ~ ~ ~!!!!!~l~~~!!~!!~!!!~l~~~!l~~~Q~~!! :t .......K~ ~~ ¢~~ i~ ~~ ~]t ~,~ ~ '~_t !~ ~ ~ ~~ „ 5•••••••••fs!¢StKt!!i!¢iltttllRttR!! ~/~ i~~ f~ Il ~i~ i~t~~ al rlf,Rf 7~ ~ ~ iii ~~[~ i ~ ~ ~ ~ ~ r ~ • • • r • • ! S ! ! ~N 1ww n sw trW ~ ~ ~ t t a r~ - !~ weu~ all ~ r 4.tw .www u r----- : ; ~.~ ~-r -,~.:... 1 z © .c p 4 t~ ;~~' ~ o3i ~ E! .~ ~~~~. ~ yon a o~ ~ ~~~~ A ~1, •~, t et j$ ~- .~ , I Oe ®~ I Og ~~ ~ ~. 1 ~ ~ ~~~~~t~ ~ P o}A of .o~ I °! s ~~~~ ~ 1 Z ~ ~ti~ ~, ~ W~ I I I~ 1 O3 I O! O! I O; 1 ~ j i J ~ O ^ ~ • • • 0 ~O 1 ~ i ~~~~ ~II~II 1 _~ ~ ~ . ~..... ~g ~ ~ ~ ~~ of o; o~ o~ o; ~ ~ . ~ ~ -- ---_- ------ --- ---- ------- a --.-1 1! M~ ~JYiw ^'! i J ~ ~ w. w.. ~ fw .1ww1_, S ___.~..... - --- -a''^~i------- s w` r: s ~ . r 4.rw1 uru - •a wlool s s CENTRAL •• DISTRICT ~R'HEALTH DEPARTMENT Rezone # REVIEW SHEET Environmental Health Division >~~~~~~~=~ Return to: J U l 2 1 1994 CITY ~~' ,1~llivci.ii~llHiV Conditional Use # Prelimin~Short Plat ~+"~ ~J~,¢~O`/ -S'l1.8~/d~Cf/yr~ ^ Boise ^ Eagle ^ Garden city .~.E'leridian ^ Kuna ^ Acz ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet .~ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ~_central sewage ^ community sewage system ^ community water well ^ interim sewage .central water ^ individual sewage ^ individual water .~. 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: .central sewage ^ community sewage system ^ community water ^ sewage dry lines $central water ,~ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ~; ^ beverage establishment ^ grocery store / _ / 13. //_~Lob17~~/~,/¢7`i~G~~t1~"7`~T Sf)A1~/'/~7- ~~t /~ E Date: ~ / -~"R ~ Reviewed By: CDND 10!91 rcb, rev. I I/93 jl HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG. JR., Clty Clerk S CITY OF MERIDIAN MAX YERRINGTON W GARY D. SM TH P.E. Clty Engineer ALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT Waste water supt. 33 EAST IDAHO SHARI STILES , KENNY W. BOWERS, Flre Chief MERIDIAN, IDAHO 83642 Planner 8 Zoning Administrator W.L. "BILL" GORDON, Pollce Chief WAVNE G. CROOKSTON, JR., Attorney Phone (208) 8884433 • FAX (208) 88711813 JIM JOHNSON (C~ ~~ ~ Il~~i('~anning 8, Zoning " Public Works/Building Department (208) 887-2211 ~ ~ u L4eJJ ~f GRANT P. KINGSFORD ~ r] f I . ~ ~+~Q~ 1 tD J J Mayor . NA'~9PA & h1~RiDIAN IRF?{~aATiG~I L';ST~ICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26. 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/?J9a,..-.~.t r.-~ REQUEST: Final Plat for Fawcett's Meadow Subdivision_ 94 BY: Ronald Henrv ^~""tr'~tr ~;u,tily LOCATION OF PROPERTY OR PROJECT: Meridian Road and Overland Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, CIC WALT MORROW, C/C MAX YERRINGTON, CIC WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8r FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: a enmi a rain crosses t e northeast corner of this project. a enmi a rain is a contract drain of Nampa & Meri ian rrigation District and the Bureau of Reclamation. Nampa & Meridian Irrigation District requires a License Agree- achment within the drain's 100 foot right-of-way (50 feet from the center each way)• We require curb cuts at all streets which cross drains or laterals We require all surface drainage to be held to pre-development ~mnrintS and this drainage must yass through a sand and grease trap. If you have anv questions. please fe~~ree to contact me Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District ~ • ' HUB OFTRE9SURE VALLEY ORFICIALS A Good Place to Live CONNCtL MEMBERS WILLIAM G. BERG. JR., C1fY Clam RONALD R. TOLSMA MAX YERRINGTON CITY OF MERID LPN R 'GARY O. SMITH. P.E. CITY E~Ou~••• ROW w LT W. MGR BRUCE O. STUART, Water WOelta Suot. JOHN T. SNAwCROFT, waata was stroe. 33 EAST IDAHO sNARI STILES KENNr w. eowERS. Fire catlal MERIDIAN IDAHO 83642 ~~« a Zom^q Aanumatrator W.L. "SILL" GOROON. Polilta CHi.f . (~ j RIECEi~I~ JIM JOHNSON WAYNE G. CROOKSTON, JR., AltomsY Phase t~l 888~a33 • PAX (Z061887rt813 Clt .ral.,t. Plattnxiq a Zonrn9 Public Wa'ks/Bui1di116 Departrtlent (1081867-2211 GRAM' P. KlrlcssORD J U L 2 8 1994 ~'~ CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and n~commendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26.1994 TRANSMITTAL DATE: 7111194 HEARING DATE: 8/2/94 REQUEST: Final Plat for Fawcett's Meadow Subdivision BY: Ronatd Henrv LOCATION OF PROPERTY OR PROJECT: Meridian Road and Overland Road JIM JOHNSON, P2 MOE AUDJANI, P2 JIM SHEARER. P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C1C 808 CORRlE. CIC WALT MORROW, C1C MAX YERRINGTON, C!C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FlRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE{PRELIM b FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM b FINAL PLAT) U.S. WEST(PRELIM b FlNAL PLAT) •INTERMOUNTAIN GAS(PRELIM ~ FMAL PLAT) BUREAU OF RECLAMATiON(PRELIM b FlNAL PLAT) CITY FlLES OTHER: YOUR CONCISE REMARKS: - • • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., Clty Clerk S CITY OF MERID IAN ~ MAX YERRINGTON ROBERT D. CORRIE P.E. CNy Engineer GARY D. SM TH WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chfef MERIDIAN, IDAHO 83642 Planner r£ Zoning Administrator W.L. "BILL" GORDON, Pollce Chlef JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 8881433 • FAX (208) 887-0813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26. 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST:- Final Plat for Fawcett's Meadow Subdivision BY: Ronald Henrv LOCATION OF PROPERTY OR PROJECT: Meridian Road and Overland Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 -TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: .** ADA COUNTY ~- DEVELOPMENT SERVICES ~ ~~~ 650 Mairj, Boise, Idaho 83702 9 O BUILDING DIVISION - Phone: (208) 364-2277 PLANNING & ZONING - Phone (208) 364-2277 March 21, 1994 Mr. Ronald L. Henry Meridian Meadows Partners 214 S. Cole Road Boise, Idaho 83709 RE: Subdivision Name Reserv~ition - FAWCETT'S MEADQT^~ Dear Mr. Hervey: At your request I will reserve the name "FAWCETT'S MEADOWS" for you to use in place of "Fawcett's Meridian Meadows". I can honor this reservation only as long as your project is iii the approval process. Final approval can only take place when tY;e final plat is recorded. Sincerely, John E. Priester, P.E.L.S. County Engineer JP/JP • • SUBDIVISION EVALUATION SHEET Proposed Development Name MERIDIAN MEADOWS SUB City MERIDIAN Date Reviewed 01/03/94 Preliminary Stage ~ Final Engineer/Developer J Reese Leavitt Engr. / Meridian Meadows Partners The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATEI CODE. must have permission to use name R. ..~L-~~ Date r- 3 - The Street name comments listed below are made b the members of the ADA C--_-iDUNf'TY Y STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The followin¢ existing street names shall appear on the vlat as: "S. MERIDIAN ROAD" "E. CALDERWOOD STREET" "E. OVERLAND ROAD" "W. OVERLAND ROAD" The following new street name is approved and shall appear on the plat as: "S. FAWCETT WAY" "E. LOMBARDI STREET" "S. 10 MILE CREEK TRAIL" cannot be used because "TEN MILE CREEK ROAD" already exists. Please choose another name and have it approved by the street name committee. 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 COUN'1R STREET NAME COM?IITTE~ Ada County Engineer John Prieste Ada Planning Assoc. Terri Raynor DESIGNEES Date ~ "3 Date Meridian Fire Dept. Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!t! Sub Index _ ,;Street Index NUMBERING OF LOTS AND BLOCKS T)G- ~-~ /-~ ~' • FROM CITY OF MERIDIAN • TO ,~~~a~~~ SUBt~IVISI~N EVAt~UATIQN SHEEt 3764231 P.07 MAY 1 6 199~i GI'~Y ~F F:~LR~p:~.I~ Proposed Development Name .FAUCETT'S Mi~~DQWS NO. 2 City MERIDIAN Date Reviewed 3/24/94 _ Preliminary Stage ~CX~Xx final. Engineer/Developer ~s R~gce Lea~i~gr ~ Ronald ~Ipnrv - The following SUBI31VISiON NAME is approved by the Ada County Engineer or his designee per the requiremer-ts of the i0AH0 STATE COOS. ~ , re i n m r' rd Date '~'~r ~~~~ The Street ngm~ comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE fonder direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. the following existing street names shall anoe~ the plat as• "S MERIDIAN ROAD" "E OVERL.A O ROAD" " "W OVEfj,~AN,g ROAD" ~'h~ following new street names are an_t rived and shall aooear on the nlet as: "S FAUGETT WAY" - - -- -- - " CiRANVII.LE AVENUE" - - - "E SIEM3EN STREET" ------- - -- -- - "E DANA COURT" - Ad2 P{annintJ Assoc Tha abovQ street name Comrnents have bean read end approved by the following agency representatives of the ApA 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 STRfiET NAMfir COIVUVIIYTEE, AtiENCY R ESENTAI'IVI:S OA DESIQNEES Ada County Engineer John Priest$r Date S Meridian Fir District Terri RAync~r Representative Date _. NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the Date J'IU,!,n,jl ', > J. D';Vlil ;.'1'';,I;RQ APboeerCompeny B 01$ C I U pIONEEFt TITLE CO. PIONEER TITLE COMPANY OF ADA COUNTY ~~'I ~~~t~ l~ (-'~$8~1o~(JCoOIe Road / Boise, Idaho 83704 / Telephone (208) 377-2700 FEE _fw_f_~.___ , .. ~ ,.~ RECORUcU til Iiii nC!iUEST OF ~3133q ~' WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED WILFORD HAMILTON FAWCETT III AND BARBARA ANN FAWCETT, HUSBAND AND WIFE Grantors , do hereby grant, bargain, sell and convey unto R & R DEVELOPMENT COMPANY LIMITED, A LIMITED LIABILITY COMPANY the Grantee ,whose cumnt address is: 6301 N. CHARLESTON, BOISE, ID 83703 the following described real property in ADA County, State of Idaho, more particulary described as follows, to-wit: SEE EXHIBIT "A" ATTACHED AND MADE A PART OF BY REFERENCE Ric ~~ra~v~ sl- ~S 6 ~ . TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee ,and Grantee heirs and assigns forever. And the said Grantor sdo hereby covenant to and with the said Grantee the Grantor s are the owner sin fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ;and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due a~td payable] and dtam(ibmttoz s xaolilntacrmtamtds&~N~r~~t'ro~a1itsllair®crvkatanavaz,x Unpatented mining claims, reservations or exceptions in Patents or in acts authorizing the issuance thereof, water rights, and Dated• June 08, 1994 claims or title to water, and that Grantors will warrant ~'/l defend the same from all lawful claims whataoeve, r. !GC~..~f~'M~YT~=r"'c~"'~ /Je[Gc~2~~ r~~~~~~~c.itc.~~-e~~~- ,,... ,,...~,T~., ce,.,rcm•r TT7 _~ BARBARA ANN FAWCETT v y i; . ~~~ ~qg •~ .. .County of ADA , ss. ~'. ~ y On this :` ~ day of~,y!LS'na~ "~ •~ °• , in the year of 1994._., before me ne,rrn ~ sET.T.i.C ~-1~ ~ ~ ~ , a notary public, per- ~~: ~. • ~Onaliy appeared ^ ~ • n • • *,*, cet,nF rm tiowdor id ti}~ted to.~tie fo~6e~the person 8lvhose name ~ Are subscnbed to a wuhm instrument, and '~`•iaelcnu led ~• Viet : executed the same. W ~ 8~ Why ,~X=- f~" '/lf,,.~,.~ .. `~;t. No Public: ~ -.. • Residing at: My Commission Expires: 10-28-99 I1ILL I.VI II 11111 A Plonax Company PIONEER TITLE COMPANY Ba~ipN6ER''1111.E OFADACOUNTY '9`i ~~~ '',1 PPI i 4 L_ 888 North Cole Road / Boise, Idaho 83704 / Telepho208) 37'-2700 RECOt:i:i...~ ul..''.=UEST OF WA~tRANTY DEED ~vDnwunLl POR VALUB RECEIVED JACK R, gIEMSEN AND CAROLYN G. SIEMSSN, HUSBAND AND WIFE GrenWr a , do hereby Etant, bugaln, Bell ant ^onvry uato R b R DEVELOPMENT COMPANY LIMITED , A LIMITED LIABILITY COMPANY P.O. Box 4211 ~ Crrentee ,whose current address is: ,BOISE, ID 83703 the followiaE daarlbed real ptopeny !n ADA Couary, Stan of Idaho, mom particulary described as follows, to-wit: A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIA 3 NORTH, RANGEI EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARL:I DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE 90UTH 00 DEGREE 55'00"WEST, 1908.92 FEET TO THE POINT OF 880INNINO THENCE SOUTH 00 DEC&EE 55'00"WEST, 194,50 FEET; THENCE SOUTH 89 DEGREES 59'15" EAST, 1121.82 FEET; THENCE NORTH 00 DSOREE 46'50" EAST, 194,49 FEET; THENCE NORTH 89 DEGRE83 59'15" WEST, 1121,30 FEET TO THE POINT OF BEGINNING ._ . _ ..~ ~~a ~ ~~r~~ ~wl . 7 +,~•( ' ~: 1 .. ~'. t.i TO HAVE AND TO HOLD the aatd premiss, with their appttttenances unto the said Gratstee ,and Grantee heirs and assigas forever. Aad rho said Grantor sdo hereby co~enaat to and with the said Gratrtee , the Greater s are the owns a in fee simple of satd premiss; that acid premiss are free fmm all encumbraaca. EXCBPT those to which this conveyance is oxpt+asiy made subject sad those made. suffered or done by the Orenteo :and subject to reservations, restrictions, dodiesNona, easemarts, ri=hu of way sad egreematu, (# any) of record. and general taxes sod assessments, vv~W warrant a~ad defend the ame from all'lawfi~il claims whmoevyer. ' which ate sot yet dne sad payable, and thu Graoror ~ Dated: June 20 ~, 1994 ~ %~ , CK R. SI ~ , 0 G. SIEMSEN .3T~4'Pl'?~OP.' '-tom ,County of Ada , ss. '~'~~w"~A1~~,20~>a;~;;pf,'" June in theyarof_1994 David E. Sella ____~S __, before me i rt • N~ c ~ _ . a notary public. Per' `~~ I ,.a~Pa~ p . sr. sabsetibed to the withla inst:umeat, and a.r~r i~ aP mo bd 8o the penes ASrhose name ~ ^'adcnoosVledEcd tp~e that ,y~~axxtued the same. -• "~ ~.~, a , v . ,,~ ~, •va FE :l~t` ^•r '".. My Commission Bxpira• 10-28-99 :; ~ . • P13007B PARCELI., EXHIBIT "A" A PARCEL OF LAND IN.THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE SOUTH 0 55' WEST 1519.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0 55' WEST 194.50 FEET; THENCE SOUTH 89 59'15` EAST 1120.78 FEET; THENCE NORTH 0 46'50` EAST 194.49 FEET; THENCE NORTH 89 59'15" WEST 1120.26 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF LAND CONVEYED TO THE STATE OF IDAHO BY AND THROUGH THE IDAHO TRANSPORTATION BOARD FOR THE DIVISION OF HIGHWAYS AS DISCLOSED IN WARRANTY DEED RECORDED OCTOBER 27, 1987 AS INSTRUMENT N0.8758722. PARCELII A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE SOUTH 0 55' WEST 1714.42 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0 55' WEST 194.50 FEET; THENCE SOUTH 89 59'15" EAST 1121.30 FEET; THENCE NORTH 046'50' EAST 194.49 FEET; THENCE NORTH 89 59'15" WEST 1120.78 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF LAND CONVEYED TO THE STATE OF IDAHO BY AND THROUGH THE IDAHO TRANSPORTATION BOARD FOR THE DIVISION OF HIGHWAYS AS DISCLOSED IN WARRANTY DEED RECORDED OCTOBER 27, 1987 AS INSTRUMENT N0.8758722. END OF LEGAL DESCRIPTION ACKNOWLEDGMENT -Attorney in Fact STA'I'F. OF TDAHO , Cou;;ty of AAA , sa. «~ On this.,_,lOt'li~'~~y~.of '~. JUNE , in the year of 1994 , befiire me '' t. n •~avid E. Sells , a notary public, _ __ ~ ' ::.' __ '_,_~'•• •% 3tARRARA ANN FAWCF.TT known or#deft~ti6ed Eg~ne~be the person whose name is subscribed to the within instrument as the attorney in fact of `r ~ W~'F'OAD MILTON FAWCETT III ~ ~ z:. ' r+ -- and owfedged~o m4 that ~e subscribed the name- of WILFORD HAMILTON_ FAWC ~ II thereto as pr~icipal~~aha'' her own name as a~orn~n fact. ~~~~ ~~'~ Notary Residing at: _ MERIDIAN. IDAH~__-__-__.._.__-_-_._ Commission F,xpires - 10-28-99 ~~. S REGIUI:S')' FCiR SUBUIVISIUN AF'F'RCIVAL PRELIMINAkY PLAT AND/OR FINAL FLAT' PLANNI1aG ANU ZONING COMMISSION , TIME TABLE FOR SUBMISSION: A request for prelirninary E,lat app:r~oval roust be in the City Clerks possesaic,ri no late•r• tr,ar, tt,rer de~•s following the regular meeting ai the Plar,ninc~ and Zoning Commission. The Planning ar,d :iunin~ Cornrnission will hear the request at the mcrr-thly meet:_nq following the month t1,e request was made. After a proposal er,~ters the p-r•ocess it tray De acted upon at subsequent monthly meetings provided the necessary procedures and documentation ar•e received before 5:00 P. M., Triursday following the Plar,nir,g ar-d Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision, ~~~~~eET~'.s M~~~b~,~.~ 2. General Location, M~~ j71 J'~'ty ~~17 ~ Ol~~"-~.L/~•IJ,~ ~ ~- ~~t-o Pivt~~'"corn P~9~rJ y ~ L-c~P~ . 3. Owners of record, ~~ rRAl,~q L.. 1.4~-N,P~,, g R.~cb~tq.,ep 5_ Bp.AWI~~ DBq t MEi2,P~ArJMFADoWS pst,~~s 8370` Address, 2l4 5. Co~'2o. F~yl~.f Zip elephone~7~o --7z38 4 . App 1 i c a n t , 1~( P'~t--~ L. I Address , ~O/ Cf••~-f}~2(.Cs$7T1~ ~ BOlSC 5. Engineer, ,~ . ~~C~ ~~~~c-t-T Firm .~. ~~t3. 1-~=~NtT'f ~'V~;i/~/E~e~f~ Address ~.0 • GOX, 232 , MCz.13~1 ~ Zip ~ 6~" Telephone 4~~J -~~0~(7 6. Name and address to receive City billings: Name M~rD/f~~/ ME~Dov~JS P~ dA dress 21Q. Sa. Cry LE /~i "Telephone ~-] ~o -~Z3~ ~olSl= , 83~0~ PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres ~ 4. 2. 2. Number of lots 3 ! 3. Lots per acre 2. •~ s 4. Density per acre :_ ~Z.~ ~~ DD 5. Zoning Classif icati on c s) F--~ ~~`' .~ • • 6. If the proposed subdivision ,is outside the Meridian City Limits but within the ~urisdictiona~~ile, what is the existing zoning classification 7. Does the plat border a potential green belt YC S 8. Have recreational easements been provided for _~ ES 9. Are there proposed recreational amenities to the City~~ Explain f~UC~' PFtT~/ eN G'~ry g~ZT 10. Are there proposed dedications of common areas? N~ Ex p 1 a i n SMA-~-1_. DoT ~ ~~~ eAt.~C1~~~ ~~~v1~~F) {v,2 5/92- ~i}Sp~1 For future parks?~_ Explain ~C72 ~7}$C7V1 il. What school t s ) service the area MC72r D~/`!~V do you propose any agreements for future school sites Iva Explain 12. Other proposed amenities to the City Water Supply ~ Fire ~erartment .Fll~fl2~r Sy~~. •ther _ aC W~~-+ Explain 13. Type of Building (Residential, Commercial, Industrial or combination) fLES~f7~r7ff-tr 14. Type of Dwelling(s) Single Family. Duplexes Multiplexes. other tr 15. Proposed Development features: a. Minimum square f ootage of lot t s) , ~, Do O b. Minimum square f ootage of structure I s ) I`c~0 S~,-t-f-~ - c. Are garages provides for, ~(~~square footage d. Are other coverings provided for /vV e. Landscaping has been provided for ~"'~~ Describe /~o-+~t.~ ou/M~- ~sPal'ysi~r~E gym- owe/ DoT', f~fn~rx~n~s /~ S Dam/ ~ ~ ~7`~ ~~rV pS~-Pb ~ ~ ~"~• _ , ~1/ ~ ~yvl M Ort~ /~~~". (2) i 1 • • f. Trees will be provided for ~ Trees will be maintained jN ~l M~ ~~ By ~`~4' ~''J g. Sprinkler systems are provided for P~~S rI7J b}C ~ r ~ ~ ~~ h. Are there multiple units D Type remarks i. Are there special set back requirements y~l7 Ex p l a i n ~~`/ ~"la~lG' ~D M(~~ ~~(/y ~. Has off street parking been provided for ~D .Explain k. Value range of property ~ 2-l~~a '~ ~T".~~ ~a0 1. Type of financing for development SI'fF /M~~bf/~~ Gfi~ ~/ ~i/~jrh'12.rt1 /ka~T~ A-9 & . / q m. Protective covenants were submitted r~ • Date ~' (a '"I 16. Does the proposal land lock other property y~5~ ~~DLI/C~ ~~ Does it create Enclaves ~. I Pjj~'F.{-~-R~//~' G9T3 ~l~ ~ STATEMENTS OF COMPLIANCE : ~i/NN/n/G-i~o GVG (37r9'~S. 1. Streets, curbs. gutters and side to standards as required by Ada Meridian Ordinance. Dimensions City Engineer. All sidewalks width. 2. Proposed use is in conformance Comprehensive Plan. calks are to be constructed County Highway District and will be determined by the will be five t5) feet in with the City of Meridian 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. (3) • . ' --------~ L-------..~ ,------ ~ - -- - 3 OVERLAND RDI - __ _-~ ___ __. _. _ __._ Q _ __ _ _._ ad ~ ~ ~, _.. 2y~c 4 I i < \q ~ 3 ~ ~N `~R ~o v ~<<~ C CAD WOOD ST --- ~~ R - r p ~, 1000 500 0 1000 2000 3000 - _.. SGALF IN FEET _VI C i N ITY MAP SCALE: 1" =1000' / p c- r C ~~ FAWCE 1 1 S ~ RO~Crn Cr ST LUCU4 DR Z A"M~ie cr ~\ MERIDIAN a ~ `°G MEADOWS ~ ~ - __.~tio ~' w ~\ , SU6DIVISION ~ o,~ \ EDWARDS CT ~, o ~_ST. • ~i~, ---- - - --- ~.9\ • • ~ ~ R 9~ ~~ ~ ~ ~~ ~ ~ ~ ~ ~ '~ A ~• s• a ~~ 9~ ~~ ~Y ~B~e ~~ ~~ ~ 6~ ~~ ~ ~y !~ iB~ $~ !~ ~~1 X~~i ~~ ~ 6~ EC i~ t!1 6Yi ~~~i5i~~~~~E~E6~~~~~f~4~~&~~~~~~~~5~~ ~~~aaaa~~aa~a~Ra{~aaa~aaaaaaaaFaS=aes ~apaaaaaaa9:gaaaaaaaaaaaaaaaa~oaaaaaa :I''~aaaaataF:~aa ~aaaaaaaaaa~aaaaaaaaa~aaaaaaa~aaaaata W~~~~~~~~~~~ r .............. ~aaaaa~~o~~~~a~aa~aao~a~a~~aa~~~pp~a~ ,~ -,......::tt== ~~~~f~~~~~~~~~~~~~~~~~t~~f`~i~~~~~~~! -•~•• •^ ••t:00:!!C!C tAAAiRi1A A IIARIIF;7{7t 4 O^ ~ ~~ ~,~~ , a ` ~~~^ 11 ~;~ ,Y F~ s 3 ~333~ ~~~~~~~ ee••€ o~ya~ ~ig~p~pgt~$$_ W~$$~§~eE$GGG~r§ W ~~ 0 0 ®• •• O 0 Q u l ~ I I e d ~ rw .w..• - - _ rw~ .w•w ~ a x •~*~~ r:• u~r.• ----y c~,w„s~ ~a „~ , ~~ ,~ ; ~• `F .i~0''~ ~ , ~ 4oH ~~~~~ ~~~~~ ~z~ ~~~ ~F d~~ ~~~~~ i~ s ~~= R ~ pp~~ a 6~ e~ ~~ r.~ •rr s , ~! - - _ ry....~ i w ~v~11roM lpls - roY MMaYi~l x •.I! ~ N • .T. REESE LEAVITT CML/STRUCTURAL CONSULTANT June 22, 1994 City of Meridian Engineering Department 33 East Idaho Avenue Meridian, Idaho 83642 Reference: FAWCETTS MEADOWS SUBDIVISION Final Plat ,Improvement Drawings, & Engineers Report Gentlemen: The Final Plat, Improvement Drawings, & Engineers Report conform with the approved preliminary plat and the requirements and conditions specified by the City of Meridian and other approving .agencies. The Final Plat, Improvement Drawings, & Engineers Report also conform with the City of Meridians Zoning and Development Ordinance, and acceptable engineering, architectural and surveying practices and local standards. Please call if you have any questions or need additional information. Sincere J. Reese Leavitt, P.E./S. E. Civil/Structural/VVelding Engineer cc: Ron Henry File: 2MER DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR FAWCETT'S MEADOWS SUBDIVISION NO 1 THIS DECLARATION is made on the date hereinafter set forth by the undersigned, R & R DEVELOPMENT COMPANY, LTD., and hereinafter referred to as "Declarant". WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as "Property" more particularly described as follows: Fawcett's Meadows Subdivision No. 1, a subdivision comprised of three parcels: PARCEL 1 A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE SOUTH Od 55' WEST 1519.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH Od 55' WEST 194.50 FEET; THENCE SOUTH 89d 59'15" EAST 1120.78 FEET; THENCE NORTH Od 46'50" EAST 194.49 FEET; THENCE NORTH 89d 59'15" WEST 1120.26 FEET TO THE POINT OF BEGINNING EXCEPT THAT PORTION OF LAND CONVEYED TO THE STATE OF IDAHO BY AND THROUGH THE IDAHO TRANSPORTATION BOARD FOR THE DIVISION OF HIGHWAYS AS DISCLOSED IN WARRANTY DEED RECORDED OCTOBER 27, 1987 AS INSTRUMENT NO. 8758722. PARCEL 2 A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; HENCE SOUTH Od 55' WEST 1714.42 FEET TO THE POINT OF BEGINNING; THENCE SOUTH Od 55' WEST 194.50 FEET; THENCE SOUTH 89d 59'15" EAST 1121.30 FEET; THENCE NORTH Od 46'50" EAST 194.49 FEET; THENCE NORTH 89d 59'15" WEST 1120.78 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF LAND CONVEYED TO THE STATE OF IDAHO BY AND THROUGH THE IDAHO TRANSPORTATION BOARD FOR THE DIVISION OF HIGHWAYS AS DISCLOSED IN WARRANTY DEED RECORDED OCTOBER 27, 1987 AS INSTRUMENT NO. 8758722. 1 PARCEL 3 A PARCEL OF LAND IN THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19: THENCE SOUTH 00 DEGREES 55'00" WEST, 1908.92 TO THE POINT OF BEGINNING: THENCE SOUTH 00 DEGREES 55'00" WEST, 194.50 FEET: THENCE SOUTH 89 DEGREES 59'15" EAST, 1121.82 FEET: THENCE NORTH 00 DEGREES 46'50" EAST, 194.49 FEET: THENCE NORTH 89 DEGREES 59'15" WEST, 1121.30 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT POSITION CONVEYED TO THE STATE OF IDAHO BY DOCUMENT RECORDED FEBRUARY 23, 1989 AS INSTRUMENT NO. 8908047, RECORDS OF ADA CO., IDAHO. NOW, THEREFORE, Declarant hereby declares that all of the said property is and shall be held and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth; all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of said property. Said easements, covenants, restrictions, conditions and reservations shall constitute covenants to run with the land and shall be binding upon all persons claiming under them, and also that these conditions, covenants, restrictions, easements and reservations shall inure to the benefit of and be limitations upon all future owners of said property or any interest therein. ARTICLE I Definitions Whenever used in this Declaration, the following terms shall have the following meanings:' 1.1 "Association" shall mean and refer to Fawcett's Meadows homeowners Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.2 "Building Lot" shall mean and refer to a lot, or to any parcel of said property under one ownership which consists of a portion of one of such lots, or contiguous portions of two or more contiguous lots if a building is constructed thereon. 1.3 "Committee" shall mean the Architectural Control Committee described herein. 2 1.4 "Common Area" shall mean all real property, including improvements thereto, owned by the Declarant for the common use and enjoyment of the owners, and, where indicated herein, for the benefit of the public. The Common Area to be owned by the Declarant at the time of the conveyance of the first lot is described as follows: to be determined at a later date 1.5 "Declarant" shall mean and refer to R & R Development Company, LTD., their successors and assigns. 1.6 "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the property as recorded in the office of the Ada County Recorder. 1.7 "Mortgage" shall mean and refer to any mortgage or deed of trust and "Mortgagee" shall refer to the mortgagee, or beneficiary under a deed of trust, and "Mortgagor" shall refer to the mortgagor, or grantor of a deed of trust. 1.8 "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration. 1.9 "Owner" shall mean and refer to the record owner, whether one or more persons or entities of a fee simple title to any lot which is a part of the properties, including contract sellers, but excluding those having such merely as security for the performance of an obligation. 1.10 "Plat" shall mean the recorded plat of Fawcett's Meadow Subdivision No. 1. 1.11 "Properties" or "Property" shall mean and refer to that certain real property hereinbefore described. 1.12 "Setback" shall mean the minimum distance between the dwelling unit or other structure referred to and a given street or road or lot line. ARTICLE II Property Use Restrictions The following restrictions shall be applicable to the Property and shall be for the benefit of and limitations upon all present and future owners of said Property or of any interest therein: 2.1 Land Use and Building Type. No lot shall be used except for single family residential purposes, and no lot or the Common Area shall be used for the conduct of any trade or business or professional activity. All lots and improvements constructed thereon must comply with all applicable governmental rules, 3 ordinances, Laws, statutes or regulations. Residents living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bonds, shall be a "single family" for the purpose of defining a single family residence. 2.2 Signs. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet advertising the property for sale or rent or signs used by a builder, or lending institution or the Declarant to advertise the property during the construction and sales period. 2.3 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot,, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred,. or maintained for any commercial purpose and provided that the keeper of such pets complies with all city and county laws, rules and regulations. No dog, cat or other household pet may be kept which unreasonably bothers or constitutes a nuisance to other owners of other lots. No dog runs or. kennels shall be permitted to be kept or placed within five (5) feet of the property line of any lot, or within five (5) feet of a setback line, where applicable. Dog runs or kennels-shall only be permitted to be placed and maintained to the rear of dwellings and in no event shall such structures be visible from a street. 2.4 Street Lightinc,~. Post light. on each lot to be installed by owner. 2.5 ~'emporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence, either temporarily or permanently. No trailer, camper, mobile home, camper-truck or other similar vehicle shall at any time be used as a residence, either temporarily or permanently on any part of said property. 2.6 Vehicles. Non-working or commercial vehicles of one ton or greater shall not regularly or as a matter of practice be parked on any lot or street adjacent to the Properties unless properly garaged. 2.7 Motor Homes and Recreational Vehicles. Parking of boats, snow mobiles (on or off trailers), trailers, motor homes, motorcycles, trucks, truck-campers, any recreational vehicle 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, and no portion of the same may project beyond the enclosed area except under such circumstances, if any, as may be prescribed by written penait approved by the Architectural Control Committee. All other parking of equipment shall be 4 prohibited except as approved in writing by the Architectural Control Committee. 2.8 Dumping. No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any ot~ler waste. No garbage, trash or other waste shall be kept or maintained on any part of said Property except in a sanitary container. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 2.9 Noxious or Offensive Uses No noxious or offensive or unsightly conditions shall be permitted on any part of said Property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 2.10 Parking Rights. Any automobile or other vehicle used by any owner shall be parked in the driveway or garage which is a part of the dwelling unit. There shall be no overnight parking of any vehicle on subdivision streets. 2.11 electronic and Other Equipment. No television antenna, radio antenna, satellite dishes, microwave receivers, wind generators, solar collecting devices, or related types of equipment shall be installed on any lot or the exterior of any residence or structure located upon any lot without the prior written approval of the Architectural Control Committee, which approval may be withheld in said Committee's sole and absolute discretion. 2.12 Unsafe or Hazardous Activities. No activity shall be conducted on or in any improvement located upon any lot which is or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said property; no open fire shall be lighted or permitted on property except in a self-contained barbecue unit while attended and in use for cooking purposes or within a safe, well-designated interior fireplace. 2.13 Light, Sound and Odor. No light shall be emitted from any lot which light is unreasonably bright ox causes unreasonable glare. No sound shall be emitted from any lot which is unreasonably loud or annoying. No odor shall be emitted on any property which is noxious or offensive to others. 2.14 Maintenance of Landsca,pin~. Each owner shall maintain the landscaping on the owner's respective lot, including trees and other landscaping, in a neat, clean and attractive condition. In the event that an owner should fail to do so, the Declarant shall have the right to enter upon such owner's lot and perform such maintenance, repair, or replacement as may be required at the sole cost and expense of the owner. 5 i 2.15 Basketball Backboards and Rims. No basketball backboards or basketball rims, with or without nets attached, shall be affixed or installed on the exterior of any residence or structure located upon any lot and the same shall only be installed or affixed upon a suitable metal pole as approved by the Architectural Control Committee. ARTICLE III Building Restrictions 3.1 Building Restrictions. No building shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached single-family dwelling, containing a minimum of 1,600 square feet of interior living space (or in the case of a two-story or split-level dwelling 1000 square feet of living space for the first floor of such two-story or split-level dwelling), and a private garage for not less than two (2) nor more than four (4) vehicles. Each dwelling unit may not be occupied by more than one (1) family. 3.2 Set-backs. No improvement may be constructed or maintained on a lot closer than twenty (20) feet from the front property line, fifteen (15) feet from the rear property line, ten (10) feet from the interior side property lines, or twenty (20) feet from an exterior side property line. 3.3 Height Restrictions. No buildings shall be erected, altered, placed or permitted to remain on any lot which exceed thirty (30) feet in overall height, as measured from the highest point on the top of the foundation. 3.4 Detached Structures. No structure or above-ground improvements shall be permitted on any lot which are detached or separated from the principal structure unless located within a reasonably compact area adjacent to the principal structure and unless designed as a single visual element connected or related visually with the principal structure by fencing or other architectural features and in accordance with other requirements of the Covenants. 3.5 Moving of Buildings. No building or other structure shall be moved onto said real property from any location outside said property except a newly constructed, prefabricated structure of a type and design approved in writing in advance by the Architectural Control Committee. 3.6 Size of Lot. All residential building sites subject to these Covenants shall remain of the size and dimensions shown upon the recorded plat referenced herein, save and except where a change may be made in accordance with the provisions of these 6 Covenants and the law thereunto appertaining. 3.7 Building Materials. All buildings shall be of frame, stone, brick, or stucco construction and, if other than brick or stone, shall be finished and painted and kept in good repair. The front portion of alI buildings facing a street or roadway shall be faced with stone, brick or.stucco, the amount and placement of the same to be as approved in the discretion of the Architectural Control Committee. All buildings and improvements shall maintain the quality of workmanship and materials and be in harmony of external design with existing structures and shall be located in harmony with the topography and finish grade elevation of adjacent structures. All roofs shall be constructed of wood shakes, or simulated shakes made of other materials approved by the Architectural Control Committee, unless otherwise approved in writing by the Architectural Control Committee. All roofs shall have a minimum pitch of 5/12 with the exception of patio coverings on the rear of the home, and at least two (2) exterior lights for the garage door and one (1) exterior light for the front entryway(s). 3.8 Landscaping. Within thirty (30) days after the completion of a dwelling unit, the lot upon which said dwelling unit is located shall have in the front yard a rolled (sod) lawn two (2) deciduous or conifer trees at least two (2) inches in diameter as approved by the Architectural Control Committee. Within ninety (90) days after completion, there shall be installed in the front yard an underground irrigation sprinkling system adequate to irrigate the front lawn. 3.9 Sewer Restrictions. 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 wetline sewer connection lines which have been provided to each lot. All recorded lots within this subdivision shall be subject to and restricted by the following covenants. 1. A monthly sewer charge must be paid after connecting to the public sewer system, according to the ordinances and laws. 2. The owner shall submit to inspection by either the Department of Public Works or the Department of Building whenever a subdivided lot is to be connected to the sewage system constructed and installed on and within the owner's property. 3. The applicant/owner of this subdivision or lot or lots therein shall and hereby does vest in the City of Meridian the right and power to bring all actions against the owner of the premises hereby conveyed or any part thereof for the 7 C collection of any charges herein required and to enforce the conditions herein stated. 3.10 Water Su~oly. Only the peclarant, or a corporation association, company or governmental entity approved by the Declarant, may act in the capacity of a water company to furnish domestic water use on any building site. The owner may not, at any time, drill or excavate a well, and shall only use water from the central water system installed by the Declarant, or the corporation, association, or company approved by the Declarant may install, unless Declarant, in its discretion, waives this requirement.. Owner understands and agrees that the Declarant, or corporation, association, or government entity established to furnish domestic water, will establish rates, by-laws, rules and regulations regarding delivery of water and the maintenance of the water system, and the owner agrees to be bound by the same. ARTICLE IV Fences and Hedges 4.1 Approval of Fences Required. No fences, hedges or boundary walls situated upon a building site shall be constructed except upon approval of the Architectural Control Committee as provided in these covenants. 4.2 No Chain-Link Fences. Chain-link fences are hereby prohibited on any residential parcel except as required by the Declarant or a public agency to secure utility sites, irrigation or drainage facilities or other public uses as deemed necessary. 4.3 Subdivision Perimeter Fences. Declarant may construct a perimeter fence on one or more sides of the subdivision and that portion of such fence on the perimeter of the lot where the same is situated shall be maintained by the subsequent owners thereof in a state of good condition and repair. The perimeter fence will not be owned by the Declarant, nor shall said fence be subject to maintenance by the Declarant. 4.4 Desicrn. Subject to dimensions, and location criteria which follow, all fences which are placed on any ,residential parcel shall be of cedar, redwood, wrought iron, brick, stone or such other construction or materials as may be authorized at the discretion of the Architectural Control Committee. Hedges or other solid screen planting may be used as lot line barriers subject to the same height restrictions as fences. 4.5 Height and Location. No fence or hedge situated anywhere upon any building site shall have a height greater than six (6) feet or such other heights as the Architectural Control Committee may specify, above the finished grade surface of the 8 • ground upon which such fence or hedge shall be permitted in front of building set-back requirements of the front of the dwelling structure, whichever is greater, nor within fifteen (15) feet of the water's edge of the water amenity, without the prior special written consent of the Architectural Control Committee. 4.6 Eite Obstruction. No fence, hedge or shrub planting which obstructs site lines and elevations between three (3) and eight (8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines, extended. The same site-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such site lines. 4.7 Eoite Fences. The construction and maintenance of a spite fence or spite trees shall be prohibited upon any building site. The determination by the Declarant that any wall, fence, hedge or tree falls within the latter category shall be conclusive upon all parties. ARTICLE V Easements 5.1 Electrical and Telephone Service. All lots shall be served by underground electrical and telephone lines. The services shall be installed in street or easement rights-of-way as platted. Each owner agrees to pay for costs and hook-up charges as established by the applicable electrical and telephone utility companies as a condition precedent to connecting thereto. The Declarant shall not be liable for the cost thereof, but.may recover funds advanced, if any, to obtain preliminary installation. 5.2 platted Easements. The Declarant reserves such easements as shown and noted on the plat for said subdivision for the purpose of constructing water mains, electric distribution lines, sewer lines, gas pipelines, and such other public utilities as may be necessary, convenient and desireable for the owners of lots within the subdivision. 5.3 Maintenance of_Easement Areas. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those 9 • improvements for which a public authority or utility company is responsible. Within said 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 utilities or which may change the direction or flow of water through drainage channels in the easements. ARTICLE VI Declarant Repurchase Option The conveyance hereby made is further made subject to the condition and agreement by which the owner agrees that, within a period of one years following the date of delivery of any deed by Declarant conveying any plot, tract or lot, the construction of a dwelling house in compliance with the restrictions herein will be commenced upon the described real property. The term "construction will be commenced", as used herein, shall require actual physical construction activities upon such dwelling house or structure upon said real property. In the event that the owner shall fail or refuse to commence construction of such dwelling house or structure within said one year period, the. Declarant shall have the discretionary option, but not the duty, to repurchase the above described real property from the owner or the then owner or owners thereof at a repurchase price equal to the purchase price paid to the Declarant, less an amount equal to ten percent (10~) thereof. In the event that the Declarant shall exercise its discretionary option to repurchase said real property, the owner or then owners of said real property shall, upon tender of payment of said repurchase price, make, execute and deliver to the Declarant a good and sufficient deed reconveying to the Declarant the above described real property. This provision shall be binding upon all persons who may, at any time hereafter, own or claim any right, title or interest in and to said real property, whether acquired by voluntary act or through operation of law. ARTICLE VII prosecution of Construction Work The construction of the dwelling house and structures shall be prosecuted diligently, continuously and without delays from time of commencement thereof until such dwelling house and structure are fully completed and painted. All structures shall be completed as to external appearance, including finished painting, installing yard turf and landscaping, within 12 months from the date of commencement of construction, unless prevented by causes beyond the control of the owner and only for such time that such cause continues. 10 ARTICLE VIII Architectural Control 8.1 Architectural Control. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Committee as to the quality of workmanship and materials, harmony of external design with existing structures, and as to locations with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot unless similarly approved. No dwelling, fence, building, garage or other structure shall be built, erected or placed, materially altered or materially repaired which shall alter the surface colors or texture of any unit or portion thereof unless and until plans, specifications and color scheme have been reviewed in advance by the Architectural Control Committee and the same has been approved in writing conditionally or otherwise. The requirements as to design and color shall apply only to the exterior appearance of said improvements, it not being the intent of these restrictions to control interior repair or alteration, with the exception of alteration of a garage or carport into a living area. 8.2 Approval of Construction. Plans of all structures to be erected on any lot must be submitted to and approved by the Architectural Control Committee before any construction or alteration is commenced, and such construction or alteration shall not be commenced until approval therefore is given by the Committee. 8.3 Architectural Control Committee Discretion. As to all improvements, construction and alteration upon any lot, the Architectural Control Committee shall have the right to refuse to approve any design, plan or color for such improvements, construction or alterations which, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. In so passing on such design, plan or color, the committee shall have the privilege in the exercise of its discretion to take into consideration the suitability of the proposed building or of the structure, the materials of which it is to be built, and the exterior color scheme in relation to the site upon which it is proposed to be erected. The Architectural Control Committee may also consider whether the proposed structure and design shall be in harmony with the surroundings, the effect of the building or of the structure or alterations therein as planned when varied from adjacent or neighboring property and any and all other facts which, in the Committee's opinion, shall effect the desirability of such proposed structure, improvement or alteration. Actual construction shall comply substantially with the plans and specifications as approved. In the event that the Architectural 11 • Control Committee does not act on any such proposal within thirty (30) days after complete plans and specifications have been submitted to it, said proposal shall be deemed approved. 8.4 Members of Committee. The Architectural Control Committee shall be initially comprised of Ronald L. Henry and Richard S. Brown. All requests for approval of matters upon which the Architectural Control Committee has authority to act shall be submitted in writing to Ron Henry 214 S. Cole Rd., Boise, ID. 83709. Each of said persons shall continue to serve on the Architectural Control Committee until such time as he has resigned or his successor has been appointed, as provided herein. The Committee shall consist of not less than two (2), nor more than five (5) members. 8.5 Right of AgAOintment and Removal As long as the Declarant shall be the owner of at least (6) lots in the subdivision, the Declarant shall have the right to appoint and remove all members of the Architectural Control Committee. Thereafter, a majority vote of the members of the Committee shall have the right to appoint and remove a member of the Committee. 8.6 Annexation and Development of New Phases Should the Declarant annex additional real property by way of a Notice of Annexation or Supplemental Declaration, as provided in Article XII herein, such annexed property, or additional phases, shall be considered as separate subdivisions for purposes of this Article VIII, and the Declarant shall specifically retain the right of appointment and removal of members of the Architectural Control Committee for each separate phase as long as the Declarant shall be the owner of at least six (6) lots in each respective phase. 8.7 Compensation of Committee Members The members of the Architectural Control Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder, which reimbursement shall be made by the Declarant. 8.8 Non-Liability of Committee Members. Neither the Architectural Control Committee, nor any member thereof, nor its duly authorized committee representative, shall be liable to the Declarant, or to any owner or grantee for any loss, damage or injury arising out of or in anyway connected with the performance of the Committee's duties hereunder, unless due to the willful misconduct or bad faith of the Committee or member thereof. 12 • ARTICLE IX ~'awr-Ptt ~ a MPadc~w Homeowners Association 9.1 Organization of Association.. The Fawcett's Meadow Homeowners Association ("Association") shall be organization by Declarant as an Idaho Corporation, under the provisions of the Idaho Code relating to non-profit corporations and shall be charged with the duties and invested with the posers prescribed by law and set forth in the Articles of Incorporation, By-Laws and this Declaration. Neither the Articles nor the By_Laws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 9.2 Membership. Each owner, including Grantees and Declarant, of a lot by virtue of being such an owner, and for so long as such ownership is maintained, shall be a member of the Association, and no owner shall have more than one membership in the Association, except as hereinafter set forth with respect to voting. Memberships in-the Association shall not be assignable,. except to the successor in interest of the owner, and all memberships in the Association shall be appurtenant to the lot owned by such owner, THe memberships in the Association shall not be transferred, pledged or alienated in any way except upon the transfer of title to said lot and then only to the transferee of title to said lot. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. THe Common Are lot shall not have membership nor voting rights. 9.3 Voting. The Association wi voting memberships. 9.3.1. Class A Membership. the owners, with the exception of the entitled to one (1) vote for each lot person holds an interest in any lot , members. The vote for such lot shall determine, but in no event shall more respect to any on lot. 11 have two (2) classes of Class A members shall be Declarant, and shall be owned. When more than one all such persons shall be be exercised as they than one vote be cast with 9.3.2 Class B Membership. The Class B member shall be the Declarant. Upon the first sale of a lot to an owner, the Declarant shall thereupon be entitled to six (6) votes for each lot of which Declarant is the owner. The Class B Membership shall cease and be converted to Class A Membership on the happening of either of the following events, whichever occurs earlier: (a) When seventy-five percent (75%) of the lots in the subdivision are deeded to homeowners: or 13 • (b) On January 1, 1996. 9.4 Board of Directors and Officers The affairs of the Association shall be conducted by a, Board of Directors and such officers as the directors may elect or appoint in accordance with the Articles and By-Laws, as the same may be amended from time to time. The initial Board of Directors of the Association shall be appointed by the incorporators or their successors and shall hold office until the first annual meeting at which time a new Board of Directors shall be elected in accordance with the provisions et forth in the By-Laws. 9.5 Powers of the Association. The Association shall have all of the powers of a non-profit corporation organized under the general non-profit corporation laws of the State of Idaho, subject only to such limitations upon the exercise of such posers as are expressly set forth in the Articles, the By-Laws and this Declaration. It shall have the power to do any and all lawful things which may be authorized , required or permitted to be done by the Association under this Declaration, the Articles and By- Lows, and to do and perform any and all acts which may be necessary or proper for, or incidental to, the proper management and operation of the Common Area and the performance of the other responsibilities herein assigned, including, without limitation: (a) Assessments. The power to levy assessments (annual, special and limited) on the owners of lots and to enforce payment of such assessments, all in accordance with the provisions of this Declaration. (b) Rictht of Enforcement. The power and authority from time to time in its own name, on its own behalf or in behalf of any owner or owners who consent thereto, to commence and maintain actions and suits, to restrain and enjoin any breach or threatened breach of this Declaration or the ARticles or the By- Laws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions hereof. (c) Delegation of Powers. The authority to delegate its poser and duties to committees, officers, employees or to any. person, firm or corporation to act as manager. Neither the Association nor the members of its board shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. (d) Association Rules. The power to adopt, amend and repeal by majority vote of the Board, such rules and regulations as the Association deems reasonable. The Association rules shall govern the use of the Common Area by the owners, families of an owner, or by an invitee, licensee, lessee or contract purchaser of an owner: among owners and shall not be inconsistent with the 14 • ! Declaration, the Articles or By-Laws. A copy of the Association rules as they may from time to time be adopted, amended or repealed shall mailed or otherwise delivered to each owner and a copy shall be posted in a conspicuous place within the Common Area. Upon such mailing or delivery and posting, said Association rules shall have the same force and effect as if they were set forth in and were a part of this Declaration. In the event of any conflict between any such Association rules and any other provisions of this Declaration, or the Articles or By-Laws, the provisions of the Association rules shall be superseded by the provisions of this Declaration, or the Articles or By-Laws, the provisions of the Association rules shall be superseded by this provisions of this Declaration, the Articles or the By-Laws to the extent of any such inconsistency. 9.6 Duties of the Association. In addition to power delegated to it by the Articles, without limiting the generality thereof, the Association or its agent, if any, shall have the obligation to conduct all business affairs of common interest to all owners, and to. perform each of the following duties: (a) Operation and Maintenance of Common Area. Operate, maintain or otherwise manage or provide for the operation, maintenance and management of the Common Area including the repair and replacement of the property damaged or destroyed by casualty loss and all other property acquired by the Association. (b) Landscape Easements. To direct and control the management of the landscape easements established or otherwise acquired in favor of the Association including the repair and replacement of property damaged or destroyed by casualty or loss. (c) Taxes and Assessments. Pay all real and personal property taxes and assessments separately levied against the Common Area owned and managed by the Association or against the Association and/or any property owned by the Association. Such taxes and assessments may be contested or compromised by the Association: provided, however, that they are paid or a bond insuring payment is posted prior to the sale or disposition of any property to satisfy the payment of such taxes. (d) Water and Other Utilities. Acquire, provide and/or pay for water, electrical and other necessary services for the Common Area and other property owned or managed by it. (e) Insurance. Obtain and maintain in effect policies of insurance on any improvements, equipment and fixtures owned and managed by the Association and comprehensive public liability insurance insuring the Board, the Association, the Declarant and the individual owners and agents and employees of each against any liability incident to the ownership and/or use of the Common Area or other property owned and managed by the Association. The 15 • insurance premiums shall be deemed a common expense to be included in the annual assessments levied by the Association. (f) Architectual Committee. Appoint and remove members of the Architectural Control Committee, subject to the provisions of this Declaration. 9.7 Personal Liability. No member of the Board, nor any committee of the Association, nor any officer of the Association, nor the Declarant, nor the manager, if any shall be personally liable to any owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of the Association, the Board, the Manager, if any, or any other representative or employee of the Association, the Declarant or the Committee, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. ARTICLE X Covenant for Maintenance Assessments 10.1 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each lot owned within the properties, hereby covenants and each owner of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (a) Annual regular assessments or charges, and (b) Special assessments for capital improvements, and (c) Limited assessments as hereinafter provided. The annual, special and limited assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs the person who was the owner of such property at the time when the assessment fell due. THe personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. 10.2 Purpose of Assessments. (a) Regular Assessments. The regular assessments levied by the Association shall be used exclusively to promote the recreation, health , safety and welfare of the residents in the properties and for the improvement and maintenance of the Common Area and the performance of the Association's duties with respect to the landscape easements. Regular assessments shall 16 • include, but not limited to maintenance of the common area owned by the Association. (b) special Assessments for Capital Improvements. In addition to the annual regular assessments authorized above, the Association may levy, a special assessment for the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, provided that any such assessment shall have the assent of two-thirds of the votes of all members. (c) Limited Assessments. THe limited assessments may be levied against any owner in an amount equal to the cost and expenses incurred by the Association, including legal fees, for corrective action necessitated by such owner, including without limitation,. costs and expenses incurred for the and replacement of the Common Area or other property owned or maintained by the Association, damage by negligent or willful acts of an owner or occupant of a lot who is occupying the lot with the consent of such owner, or for maintenance of landscaping performed by the Association which has not been performed by the owner as provided herein. 10.3 Maximum Annual Assessment. Until January of the year in which the first regular assessment commences pursuant to Section 10.6 herein, the maximum regular assessment shall be $90.00 per lot, or $7.50 per month. (a) From and after January 1 of the year immediately following the first regular assessment , the maximum annual assessment may be increased each year not more than five percent (5%) above the maximum assessment for the previous year without a vote of the membership of the Association as provided below. (b) From and after January 1 of the year immediately following the first regular assessment, the maximum annual assessment may be increased above five percent (5~) by a vote of two-thirds (2/3rds) of the owners who are voting in person or by proxy, at a meeting duly called for this purpose, where at least sixty percent (60°s) of the lot owners or their proxies are voted. If sixty percent (60~) don not attend, a second meeting may be called with the same notice requirements and the quorum shall be reduced to thirty percent (30~) for the second meeting. (c) THe Board of Directors may fix the annual assessment at an amount not in excess of the maximum. 10.4 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly or quarterly basis: provided, however, that during the time there is a Class B member, such Class B member's obligation shall be limited to payment of all expenses 17 • • of the Association from the inception of the subdivision until regular assessments commence as set forth in Paragraph 10.5 herein. The Class B members shall have no further obligation for assessments until a lot is conveyed.to an owner other than the Declarant, at which time assessments shall commence for the lot conveyed. 10.5 Date of Commencement of Annual Assessments - Due Dates. The annual regular assessments provided for herein shall commence as to all lots on the first day of the third (3rd) month following the closing of the subject lot. The assessment will be prorated for the remainder of the year of the closing. The first annual assessment will be effective on January 1 of the next calendar year after closing. Written notice of the annual assessment shall be sent to every owner subject thereto. The date shall be established by the Board of Directors. 10.6 Non-Payment of Assessments - Remedies of the Association. Any assessment not Paid with thirty (30) days after the due date shall bear interest from the due date at the rate of then percent (100) per annum. The Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape the liability for the assessments provided for herein by non-use of the Common Area or Abandonment of the owner's lot. 10.7 Subordination of the lien to Mortgages The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sales or transfer of any lot shall riot affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payment which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. 11.1 Governmental Regulations. Approval by the City of Meridian or any other governmental entity vested with the responsibility of reviewing planning and zoning having jurisdiction over this subdivision, of any application made by any Owner which is in conflict with any covenants, conditions or restrictions of this Declaration shall in no way affect or invalidate this Declaration, but this Declaration shall remain in full force and effect, and subject to enforcement and remedies for violation hereof.. In the event that a conflict between any 18 • requirements of the City of Meridian entity having jurisdiction over this restrictive or limiting requirement or any other governmental subdivision, the more shall be followed. 11.2 Enforcement. Any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 11.3 Severability. Invalidation of any one of these covenants or restrictions by judgement or court order shall not affect any other provisions which shall remain in full force and effect. 11.4 Term and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded., after which time they shall be automatically extended for- successive periods of ten (10) years unless an instrument signed by seventy-five percent (750) of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part. Amendments affecting annexed land may be restricted or otherwise governed by the terms of any Notice of Annexation or Supplemental Declaration annexing said land. 11.5 No Right of Reversion. Nothing herein contained in this Declaration, or in any form of deed which may be used by Declarant, or its successors and assigns, in selling said property or any part thereof, shall be deemed to vest or reserve in Declarant any right of reversion or re-entry for breach or violation of any one or more of the provisions hereof. 11.6 Benefit of Provisions - Waiver. The provisions contained in~this Declaration shall bind and inure to the benefit of and be enforceable by Declarant and the owner and owners of any portion of said property, and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by any of the property owners or their legal representatives,. heirs, successors or assigns, to enforce any of such conditions, restrictions or charges herein contained shall in no event be deemed a waiver of the right to do so. 11.7 Assignment by Declarant. Any or all rights, power and reservations of Declarant herein contained may be assigned to any other corporation or association which is now organized or which may hereafter be organized, and which will assume the duties of the Declarant hereunder pertaining to the particular rights, power and reservations assigned; and upon any such corporation or association evidencing its intent in writing to accept such 19 • • assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised•by the Declarant alone, so long as Declarant owns any interest in any portion of said property. 11.8 Amendment. This Declaration of Restrictive and Protective Covenants may be amended by written instrument duly notarized and recorded containing the signatures of not less than two-thirds (2/3rds) of the lot owners within the subdivision. IN WITNESS WHEREOF, The undersigned being the Dec grant herein, has hereunto set its hand and seal. this day of ~ /.G•.r?,pi , 19 9 4 . Richard Brown, Chairman of the Board ~S`R DEVELOPMENT COMPANY, LTD. G~ Ronald L. Henry, Pre ide t R & R DEVELOPMENT C P , LTD. STATE OF IDAHO ) SS County of Ada ) On this -.~~'~- day of f/ /~~~r~~ , 1994, before me, the undersigned, a Notary Public in and for said county and state, personally appeared Richard Brown and Ronald L. Henry, known to me to be persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have her set my hand and affixed my official seal the day and y in this certificate ~}rst above written. /~/ ~,// Notary PubY~c .for ~ aho~- Residing at ~ , Idaho My Commission Expires : T~;~~ 20 • • FAWCETT'S MEADOWS SUBDIVISION 1. Submit signature sheet executed by owner and land surveyor. 2. Provide 30 prints of final plat at 1 " = 300' scale -Put scale on map. 3. Provide 30 copies of vicinity map showing a minimum 1/2-mile radius from exterior boundaries of plat (scale optional). 4. To facilitate processing, please provide 30 complete sets of the application. 5. Lot sizes must be 8,000 s.f. minimum exclusive of easements. 6. A minimum 20' landscape berm is required along Meridian Road. This should be a common area lot, not an easement. This is City Ordinance. 7. Protective covenants must be approved prior to final plat approval. 8. Submit check for $10.00/lot. 9. This annexation requires a development agreement; current Ordinance and Comprehensive Plan applies to this project. 10. A pathway concept design plan along Ten Mile Creek must be submitted to the Bureau of Reclamation and the City of Meridian for approval. 11. Sewer easement must be a separate lot deeded to the City. 12. Delete Note 9. 13. Submit Ada County Street Name approval letter. 14. Submit proof of current ownership of the plat. 15. Submit letter from engineer stating conformance with the approved preliminary plat and meeting of all requirements or conditions; statement of conformance with all requirements and provisions of City Ordinances; statement of conformance with acceptable engineering, architectural and surveying practices and local standards. 16. Submit five copies of final engineering construction drawings. 17. Have Land Surveyor/Engineer sign and seal Sheet 1. ITEM #1 ATTACHES I5 A SIGNATURE 5HEET. • • • ~' ~ ~v~ L1' ~~~ ~S c~ . N1~N~~Iv~ ~jc~~0 ~ ~41~' ~LV S r v ~ L~ ~~ c=~vl t~fiS L-~C • ITEM #5 PLANNING & ZONING REQUIREMENT LOT SIZES MUST BE 8,000 S.F. MINIMUM EXCLUSIVE OF EASEMENTS. CONFORMING STATEMENT: ALL LOTS IN FAWCETT'S MEADOW SUBDIVISION EXCEED 8,000 S.F. EXCLUSIVE OF THE EASEMENTS. • • ITEM #6 PLANNING & ZONING REQUIREMENT A MIMIMUM 20 FOOT LANDSCAPE BERM IS REQUIRED ALONG MERIDIAN ROAD, THIS SHOULD BE A COMMON AREA LOT, NOT AN EASEMENT, THIS IS A CITY ORDINANCE. CHANGE MADE TO FINAL PLAT A LANDSCAPED COMMON AREA HAS BEEN DESIGNATED ALONG A 20 F00T STRIP BORDERING MERIDIAN ROAD. THIS LANDSCAPE STRIP WILL BE MAINTAINED BY THE FAWCETT'S MEADOW SUBDIVISION COMMUNITY ASSOCIATION. • ITEM #9 PLANNING & ZONING REQUIREMENT= • THIS ANNEXATION REQUIRES A DEVELOPMENT AGREEMENTy CURRENT ORDINANCE AND COMPREHENSIVE PLAN APPLIES TO THIS PROJECT. PROPOSED ACTION= DEVELOPER WILL WORK WITH THE CITY TO WRITE A DEVELOPMENT AGREEMENT FOR FAWCETT'S MEADOW SUBDIVISION. SUBJECT DEVELOPMENT AGREEMENT WILL BE EXECUTED BEFORE FINAL PLAT APPROVAL. • i • • ITEM #10 PLANNING & ZONING REQUIREMENT A PATHWAY CONCEPT DESIGN PLAN ALONG 7EN MILE CREEK MUST BE SUBMITTED TO THE BUREAU OF RECLAMATION AND CITY OF MERIDIAN FOR APPROVAL. RECOMMENDATION: DEVELOPER HAS SHOWN 8 FOOT PATHWAYS ON BOTH 5IDE5 OF TEN MILE CREEK AS SHOWN ON THE FINAL... PLAT. IT IS RECOMMENDED THAT A 5TATEMENT AGREEABLE TO THE CITY OF MERIDIAN AND THE DEVELOPER BE INCORPORATED IN THE DEVELOPMENT AGREEMENT STATING THAT THE DEVELOPER WILL CONSTRUCT A PATHWAY ON EITHER SIDE OF TEN MILE CREEK WHENEVER THE CITY DEEM5 IT DESIREABLE FOR THE ENHANCEMENT OF THE GREENBELT. DEVELOPER RECOMMENDS THAT THE INSTALLATION OF THE PATHWAY BE IN CONJUNCTION WITH CONNECTING PATHWAYS TO THE NORTH AND SOUTH OF FAWCETT'S MEADOW SUBDIVISION. C~ ITEM #11 PLANNING & ZONING REQUIREMENT= SEWER EASEMENT MUST BE A SEPERATE LOT DEEDED TO THE CITY. CHANGE MADE TO FINAL. PLAT LOT 1, BLOCK 1 CONSTITUES A LOT DEDICATED FOR A SEWER EASEMENT. ZT IS RECOMMENDED THAT THE LOT NOT BE DEEDED TO THE CITY, BUT BE A COMMON LOT OF THE FAWCETT'5 MEADOW SUBDIVISION. THE ASSOCIATION WILL BE RESPONSIBLE FOR LANDSCAPING AND MAINTAINING THE LOT. THERE WILL BE NO STRUCTURES OR FENCES INSTALLED OVER THE SEWER PIPELINE. • • ITEM # 12 PLANNING & ZONING RECOMMENDATION DELETE NOTE 9. FINAL. PLAT CHANGE= NOTE 9 ON THE FINAL PLAT I5 CHANGED TO "LOT 1, BLOCK 1 TO BE DEDICATED FOR A SEWER LOT AND WILL., BE MAINTAINED BY THE FAWCETT'S MEADOW COMMUNITY A550CIATION~~ • • l (~ . S C~~~~s of Fi N~-C- ~~ ~ ~~~2~ NG- .~ 2 ~W ~ rv~-S S v h rM~ (,~ ~ S ~ ~Cctiv wi~ S S v~v Eyv,a_ ~ s o N ~, N/kt, ~ • c **• ADA COUNTY _ _ _~ DEVELOPMENT SERVICES " ~ 650 Main, Boise, Idaho 83702 9 Omer,.. BUILDING DIVISION - Phone: (208) 364-2277 PLANNING & ZONING -Phone (208) 364-2277 March 21, 1994 Mr. Ronald L. Henry Meridian Meadows Partners 214 S. Cole Road Boise, Idaho 83709 RE: Subdivision Name Reservation - FAWCETT'S MEADOTa Dear Mr. Henrey: At your request I will reserve the name "FAWCETT' S MEADOWS" for you to use in place of "Fawcett's Meridian Meadows". I can honor this reservation only as long as your project is iii the approval process . Final approval can only take place when the final plat is recorded. Sincerely, John E. Priester, P.E.L.S. County Engineer JP/jP • • SUBDIVISION EVALUATION SHEET Proposed Development Name MERIDIAN MEADOWS SUB City MERIDIAN Date Reviewed O1J03/94 Preliminary Stage RR10IX Final Engineer/Developer J. Reese Leavitt Engr. / Meridian Meadows Partners The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATES CO~DEQ must have permission to use name R. ..1~-1 Date r- 3- The Street name comments listed below are made b the members of the ADA C----i~ Y STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The followings existin¢ street names shall avvear on the ulat as: "S. MERIDIAN ROAD" "E. CALDERWOOD STREET" "E. OVERLAND ROAD" "W. OVERLAND ROAD" The followin¢ new street name is approved and shall avpear on the plat as: "S. FAWCETT WAY" "E. LOMBARDI STREET" "S. 10 MILE CREEK TRAIL" cannot be used because "TEN MILE CREEK ROAD" already exists. Please choose another name and have it approved by the street name committee. 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 COMMITTEI Ada County Engineer Ada Planning Assoc. John Priests Terri Raynor t DESIGNEES Date ~ 3 Date Meridian Fire Dept. Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index ,.Street Index NUMBERING OF LOTS AND BLOCKS ()L- ~11/~ /-~ ~ i . • 16 01 FROM CITY OF MERIDIAN TO SUBDIVISION ~VAI.UATION SHEET 3764231 P.07 ~~ ~~r~l MAY 1 6 ~ i99~1 cr~r OF ~~ :~~-~~r~ Proposed Development Name .FAUCET7'S MEAQQWS NO. 2 .City MERIDIAN Date Reviewed 3/24/94 , .Preliminary Stage XXXXx iinai. EngineerlDeveloper ,~,, i~ggce Lee~ci~ngr. / _ onald ~enrv The following SUBpIVISION NAME is approved by ttae Ada County Engineer or his designee per the requirements of the IaAHO STATE CODS. . e i m r~ r Date ,G'~rz~~~ ~. The Street ngm~ comments listed below are made by the members of the ADA COUNTY STREE"~ NAME COMMITTEE fonder direction of the Ada County Engineer) rRgarding this development in accordance with the Boise City Street Name Ordinance. the following existinrr stree~„names shall a~pea~ ro~the ulat as: "S MERIDIAN ROAD" "E OVERL®ND ROAD" ' "W OVERLANQ RO~g" T~t9 following new street names a~e~oroved and shall aooear on the plat as: "S FAUCETT WAY" "c r~peNVi~ t F AVENUE" _ "E SIEMSEN STREET" "E DANA COURT" _ __ _ The above street name comments have been read and approved by the following ag®ncy representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of th® signatures must be secured by the representative or hie designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COIVIMI7TEi:. AGENCY R ESENTA7IVES OR DE$1QNEE8 Ada County Engineer John Priestar Date S Ad2 Ptanninc~ Assoc. Terri Rayncar ~ Date Meridian Fir District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the JUN 21 '94 02~12PM PIONEER TIE COMP •° A Plonaer Company ~~tu~uy r • n.r ~ .. ~~.UU~tLi'tR J. Lea+~'i~ •y~;t':i~:~U ~U~'rpN6Ert tl'T[.E P.2i2 PIONEER TITLE COMPANY OF ADA COUNTY , r, + - r ~ y 9'i JUI~ c! ri I ~ 888 North Cole Road / Boise, Idaho 83704 / Telepho 208) 37''-2700 p WA-~tlltANTY DEED amm~nDtr~-t,l POR VALUE RBCEIVED JACK R, SIFMSFN AND CAROLYN G. 3IEMSSN, HUSBAND AND WIFE follows, to-wit: A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANQEI EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULAIZL:1 DESCRIBED A9 FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE SOUTH 00 DEGREE 55'00"WEST, 1908.92 FEET TO THE POINT OF BEGINNING THENCE SOUTH 00 DEGREE 55'00"W$ST, 194,50 FEET; THENCE SOUTH 89 DEGREES 59'15" EAST, 1121.82 FEBT; THENCE NORTH 00 DEGREE 46'50" EAST, 194,49 FEET; THENCE NORTH 89 DEGREES 59'15" WEST, 1121,30 FEET TO THE POINT OF $EGINNING t3rantor s , do hereby Brent, bargain, sell uut ^onvey unto R b R DEVELOPMENT COMPANY LIMITED , A LIMITED. LIABILITY COMPANY P.O. Box 4211 the Clraptee ,whose current address u: ,BOISE, ID 83703 the following described real property in ADA County, Stato of Idaho, more partiailary described ~ ~~~ TO HAVE AND TO HOLD the acid premUea, with their appurteaanccs uaw the said Grantee , and Oraatoa heirs and asdgas forever. And the :aid Qrantor sdo hereby covensat to sad with the said Grantee , the aranwr s are the owner sin fee simple of said premises; that said premises are free from ail encumbranaa, EXCBPT those to which thU conv¢yance is axpnssly made subject and those made, suffered or doac by the Graatec ;and subject to reservations, restrictions, dedications, easamer-ta, rights of way sad agreemeau, (if any) of r~scord, sad general taxes and asacssments, (includes irrigation sad utility asseasmeats, (if any) for the current year, which are sot yet due sad payable, sad that l3rantor s will warrant and defend tho same from all lawful claims whatsoever. Dated: Jun® ZO ~, 1994 CK R. SI % ~' ' 0 G, SIEMSEN r ..'~- " _ 9tlU55031 ~ ~ "~ ''` ~, ~ ; w~ RA .` B U I S C! U P~ONEEFI TITLE CO. A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY ~~~~ ~~~r~ 1~ ~~~8.fVof~~Cole Road / Boise,-Idaho 83704 / Telephone (208) 377-2700 6 o vY~ FEE _/st ~.__ ~ ... ~ _. RECORUcU /;i ~ir ~~i~;;UEST OF Q131~3q~ WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED WILFORD HAMILTON FAWCETT III AND BARBARA ANN FAWCETT, HUSBAND AND WIFE Grantors , do hereby grant, bargain, sell and convey unto R & R DEVELOPMENT COMPANY LIMITED, A LIMITED LIABILITY COMPANY the Grantee ,whose current address is: 6301 N. CHARLESTON, BOISE, ID 83703 the following described real property in ADA County, State of Idaho, more particulary described as follows, to-wit: SEE EXHIBIT "A" ATTACHED AND MADE A PART OF BY REFERENCE _.... _...__._....,,, ~s 6 ~ . READANDAPPRONC~ D1f TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee ,and Grantee heirs and assigns forever. And the said Grantor sdo hereby covenant to and with the said Grantee ,the Grantor s are the owner sin fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ;and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable; and tirat~eai s xaaR'~°~~~a~~crt>e>same~fn~al}ataoac6a~s6eite~ekadanevsc:x UnpatPnted mining claims, reservations or exceptions in Patents or in acts authorizing the issuance thereof, water rights, and Dated: June 08, 1994 claims or title to water; and that Grantors will warrant f defend the game from all lawful claims whatsoever. ILFQRD HAMIL F C, T III ~ ARA ANN FAWCETT ~' ~ .~`~~ ~! P130076 PARCELI., EXHIBIT "A" • A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE SOUTH 0 55' WEST 1519.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0 55' WEST 194.50 FEET; THENCE SOUTH 89 59'15" EAST 1120.78 FEET; THENCE NORTH 0 46'50" EAST 194.49 FEET; THENCE NORTH 89 59'15" WEST 1120.26 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF LAND CONVEYED TO THE STATE OF IDAHO BY AND THROUGH THE IDAHO TRANSPORTATION BOARD FOR THE DIVISION OF HIGHWAYS AS DISCLOSED IN WARRANTY DEED RECORDED OCTOBER 27, 1987 AS INSTRUMENT N0.8758722. PARCEL II A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE SOUTH 0 55' WEST 1714.42 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0 55' WEST 194.50 FEET; THENCE SOUTH 89 59'15" EAST 1121.30 FEET; THENCE NORTH 0 46'50" EAST 194.49 FEET; THENCE NORTH 89 59'15" WEST 1120.78 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF LAND CONVEYED TO THE STATE OF IDAHO BY AND THROUGH THE IDAHO TRANSPORTATION BOARD FOR THE DIVISION OF HIGHWAYS AS DISCLOSED IN WARRANTY DEED RECORDED OCTOBER 27, 1987 AS INSTRUMENT N0.8758722. END OF LEGAL DESCRIPTION ACKNOWLEDGMENT -Attorney in 1Fect 5ENT BY~Boise~ iD. ;12-16-94 ; 4~14PM ;Ada Planning Assoc,-- 208 887 4813;ii 1/ 2 4 Ada Planning Association 4Y3 W. Idaho, Suite Y00 Boise, ID 83702-6064 (208) 845-5274 Fax (208) 345-6279 APA Serving Governments in Ada County Since 1977 Facshnile Cover Sheet DATE: ~ rra ~ TO: ~V'Y l .~fp ~~ S FAR A~: ,f- DELIV'>~RY/N~SSAGE: r 1 ..•. N PAGES TO FpLLOV~-; _ / _ RETURN FAX a: ~OAi~ds_s~~o Foa~aw~x.cvA Bolae Audito lum Diet Beth Bo~ieeDI„dep`~e„dent 3ehool District MeridianBJoi»t 3choo) D1 ~ r~let and Bolae $tate;U„ivereity EQaa! Opportunity/Affirmative Aetfon Employer Princed on Recycled Paper DEC 16 '94 15 11 2083455279 PAGE.01 I SENT BY~Boise~ ID. ~. ;12-16-94 ; 4~14PM ; Ada Planning Assoc.-- 206 887 4813;if 2i 2 DEC 16 '94 15 13 20834552?9 T~ ~ PAGE.02 GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary m~ ~ =~'.:'T~D %7TCV'Tt i. S510n ~2.5-94 DATE : *A3y 19 , 19.94 FRGM: ;,,e~,,elopmen~. Services S'uf3vF,CT: PRELii%tIN~RY PLi~T - rA'vJCETT'8 MEADG6~S SUBDIVISION NO. 2 !Developer. -Ronald Henr-Y, 214 S. Cole Rd., Boise, ID. >~37C~9 ) (Eng:ii~eer/Surveyor - Jr Reece Lzavitt, P.O. Box 2'2, Melba, ID, 836.42) PK.F,LIi~1INAR`.~ REPGRT - YGT FZNAL UNTIL. iti.FPROVED 3Y THE AC'cID CJMMISSION FACTS & FIt'DIIvTGS i. Fawcett's I~teadows No. 2 is a 4.7-acre, i0-lot, single family residential .subdivisi~~n located on the east side of State Hi~~hway o9 (Meridian Rraad) approximately 2300-feet south of Overland Road. There are 6.00-feet of ne~s public street planned. This application includes: an annexation to Meridian and a cone change from RT to R-4. Th s Pz4Ject iias ro street. frontage. on any e:cisting public streets other than State Highway 21, which is access restrict- ed. 2. GENERAL INFORM.ATIrJN: LEAD AGENCY - Meridian ACRES - 4.7 FEET OF NEW PUBLIC STREETS - 600-feet LO'iS - 10 E~:ISTZI3G ZONING - RT PROPOSED ZONING - R-8 ESTIMATED VEHICLE TRIPS PER DAB' - i00 TRAFFIC P,~'~IALYSIS ZONE - 293 i~ • F . OF FRONTAGE. Ot3 State Highw~a s 69 (Meridian Road) _95-feet T~10ST RECENT ~iF~Fi C COUtiTTS - N j A FUNCTIOLdAL CLASSIFICATION MAP DESIGNATION - *~inor Arter ~.al ADA COt,'NTY RIDGE-TO-RIVERS PATHWAY PLAN - Route ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT FAWCFTT' S "':EADCWS S'~T3DIVISICN NC. 2 `_, i~Tay 19, 1994 Page 2 EXISTING RIGHT-OF-WAY - 125°feet; SO-feet east of centerline of Meridian Road REQUIRED RIGHT-OF-WAY - Comply witri ITD requirements. Meridian Road is improved with 70-feet of paving. i~PACT FEE BEP~EFIT ZONE - West Ada IPdPACT FEE ASSESSMENT DISTRICT - Near Rural 3. State Highway 69 (Meridian Road) is improved with 5 traffic lanes and paved shoulders. 4. State Highway 69 (Meridian Road) is under the jurisdiction of Idaho Transportation Department (ITDl. The developer ~s re- quired to submit application materials to ITD for review and requirements of that Department. 5. In February of 1994, the Commissioners of the Ada County High- way District approved the preliminary plat of Fawcett's Mead- ows No. i under the name of Meridian Meadows. Fawcett's Mead- ows No. 1 is the proposed development to the north of Fawcett's Meadows No. 2 which will provide access to Calderwood Drive. 5. Staff recommends that right-of-way be dedicated for a cul-de- sac iacated on the north boundary of the- parcel to align with the proposed Fawee•tt Lane in Fawcett's Meadows Na. i ar right- of-way be dedicated to connect the proposed Fawcett Lane with Dana Court. 7, Staff recommends that Dana Court be extended to south boundary of ~ the parcel . ~, This application is scheduled for public hearing by the i~eridi- an Planning & Zoning Commission on May 31, 1994. SITE SPECIFIC REQUIREMENTS= 1. Comply with requirements of ITD for State highway e:9 front- age. Submit to the District a letter from ITD regarding said requirements. ~. Dedicate iC~O-foot diameter of right-of-way for a future cul- de-sac located an the north boundary of the parcel to align with the proposed Fawcett Lane in the Fawcett's Meadows-No. 2 or dedicate a 50-foot right-of-way for a connection of Fawcett Lane with Dana Court. ;. Dedicatcel3forethe lengthaof thewproposed DanasCourt~oundary of the par i . ~ ~E~T_"lilr:R`i r ~,Ni'i - r A~~CETT' S "1EADGWS Su'EDIViSION SIC. 2 TA -~.. 1 ('~ 1 (~('~ i'a Ca~ 1J. LJJQ ?age j -r . mr~.~~ ~ slr _Cl uli~.i. i10t S ign tt]"iQ pi.at iQ~ aIiy p~xrt ui` this Vii- `~~~ ~'Q.~ until tiiQ adj acerat St.r2e~i. S'v Stem that it Ca:?ileC ~S to becomes part of the public street system. STANDARD RE UIRErTEIS'i S ' i. Street and drainage improvements required in the public ricrht- of-Way shall be designed and constructed in conformance with District standards and policies. ~. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. apecificaticns, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. ~. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations. shall be obtained from the appropriate entity. ~• Continue existing irrigation arad drainage systems across par- cel. 7. Submit tl-iree sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage glans and calculations for review and appropriate action by ACHD. The proposed drainage system shall ccrafarm to trae requirements cf and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way ar in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, ar other valuable amenities placed in said easement. Drairaage easements and their use restrictions shall be noted or. the plat . 9, Provide design data for proposed access to public streets for review and appropriate action by ACHD. ~~,,77TT .T "' - ~_~1^jf'N.'T'~'t ~ ~.E.`^'.DQWS JI.TT-ii iT ~i lj! ~.:N Nn ~ L iiay ~`~; s9~4 P a:~ e 4 ;_r __ _;f~n3~°_ rlr i Vewaj C'1rJJ CL~~ 3 I?1? n'_!I?~.1m pf j-fe?t f rnm the 5i rla ;.,,~. p-_roperty lines when }he driveways are no} being shared with the adjacent property. i~. Developer shaii provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not he ordered until all fees nave been paid and a copy of the recorded ?plat has been provided to ~-CHD staff. she copy of the recorded plat shall show the recording information as inscrihed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach of a project street to an :intersection involving a coi.iector or arterial as the gross-street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. btained from ACHD for all 13. A right-of-way per;nit must be a street and utility construction within the gublic right-of- ;,;ay, Contact Construction Services at 345-7667 (with zoning file number) for details. 1u, ~ request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, ~n writing, to the Manager of Engineering Services within 15 calendar days of the original Cor.~nission actior_. The request shall include a statement explaining why such a requirement would result in substantial hardship cr inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING' DATE OF CCNfMISSION APPRCVAL: ~. Larry Sale c AMENDED ORDINANCE NO. 664 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That~the real property described as: A parcel of land in the Northwest Quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 19, Thence S 0°55' West 2103.42 feet to the POINT OF BEGINNING; Thence South 0°55' West 194.50 feet; Thence South 89°59'15" East 1122.34 feet; Thence North 0°46'50" East 194.49 feet; Thence North 89°59'15" West 1121.82 feet to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development AMENDED ANNEXATION ORDINANCE - FAWCETT MEADOWS NO. 2 Page 1 Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian nd other matters. d. That the de~elo pment of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9- 605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Amended Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of 1994. AMENDED ANNEXATION ORDINANCE - FAWCETT MEADOWS NO. 2 Page ~n«.r.ca. r 1 , APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Amended Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE, passed as Amended Ordinance No. 664 , by the City Council and Mayor of the City of Meridian, on the day of 1994, as the same appears in my office. DATED this day of , 1994. City Clerk, City of Meridian Ada County, Idaho AMENDED ANNEXATION ORDINANCE - FAWCETT MEADOWS NO. 2 Page ~toer,~.rcr. STATE OF IDAHO,) ss. County of Ada, ) On this day of me, the undersigned, a Notary Public in and for said Statee personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho My Commission Expires AMENDED ANNEXATION ORDINANCE - FAWCETT MEADOWS NO. 2 ~ Page 4:0«~.-.~,~. ~ ~ ~~s ~~wc y~ E~ D~ ~-s ORDINANCE NO. ~ M AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE,. BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land in the Northwest 1/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Nort thence South 00°55'00" OF BEGINNING; thence South 00°55'00" thence South 89°59'15" thence North 00°46'50" hwest West, West, East, East, corner of said Section 19; 1908.92 feet to THE POINT 194.50 feet; 1121.82 feet; 194.49 feet; thence North 89°59'15" West, 1121.30 feet to THE POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: ANNERATION ORDINANCE - FAWCETT MEADOWS Page 1 • • a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9- 605 M. which pertains. to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as req~ired by law. ANNEXATION ORDINANCE - FAWCETT MEADOWS Page 2 i ~ i ~ PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of April, 1994. APPROVED: ATTEST: MAYOR -j GRANT P. RINGSFORD WILLIAM G. BERG, JR. -- CITY CLERR STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE, passed. as Ordinance No. the City of Meridian, on the same appears in my office. by the City Council and Mayor of day of April, 1994, as the DATED this day of April, 1994. City Clerk, City of Meridian Ada County, Idaho ANNEXATION ORDINANCE - FAWCETT MEADOWS Page 3 STATE OF IDAHO,) ss. County of Ada, ) On this day of April, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho My Commission Expires ANNExATION ORDINANCE - FAWCETT MEADOWS Page 4 REESE LEAVIT'T ~~~~~~~~ CML/STRUCTURAL CONSULTANT June 8, 1994 City of Meridian Engineering Department 33 East Idaho Avenue Meridian, Idaho 83642 • ~,~C~,~1,/ED JUN.ie~994 l~iericiian City Engineer Attention: Gary D. Smith, P.E. Reference: FAWCETT'S MEADOWS SUBDIVISION Final Plat, Improvement Drawings, & Engineer's Report. Dear Gary: Enclosed are thirty (30) prints of the Fawcett Meadows Subdivision Final Plat, five (5) copies of the Improvement Drawings, and one (1) copy of the Engineers Report for your review and approval. Please call if you have any questions or need additional information. ere y, J. Re se eavitt, P.E./S.E. Civil/Structural/Welding Engineer Enclosures: Final Plat, Improvement Drawings, & Engineers Report. cc : Ron Henry 3~l ~O -7 z 3 Q~ Cliff Griffith, P.E. Jerry Hastings, L.S. File: iMER P.O. BOX 232 MELBA, IDAHO 83641 208/495-2515 ~ } Z a ~~ /Q EXCE~~ ~y i JAN 2 1 1994 CITY ®F ~IEI~IDIAN ~RINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug 13utan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIANSTREET • MERIDIAN,IDAH083642 PHONE(208)888-6701 . January 19, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Meridian Meadows Subdivision Dear Councilmen: I have reviewed the application for Meridian Meadows 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, Dan Mabe, Deputy Superintendent DM:gr i 150 SEC. LOAD 25 EL. CLASS AV. 16-Dec-93 • JOINT SCHOOL DISTRICT No. 2 CLASSROOM PROJECTIONS - FALL.1993 ELEMENTARY ENROLLMENT SCHOOLS 10/1/93. CHIEF JOSEPH 679 EAGLE 424 EAGLE HILLS 496 FRONTIER 620 JOPLIN 544 LAKE HAZEL 424 CINDER 587 -~ MARY McPHERSON 522 McMILLAN 590 MERIDIAN 521 PIONEER 664 RIDGEWOOD 353 SILVER SAGE 287 STAR 263 SUMMER WIND 504 U STI C K 553 TOTAL 8,031 In~dd~e Saho~~ LAKE HAZEL 1,140 LOWELL SCOTT 1,439 -mot MERIDIAN -------------- 1,584 ---------- TOTAL 4,163 }} i`qh S.G h Od C EIVTEN N IAL 2,143 -~i MERIDIAN 2,403 ALTERNATIVE 149 TOTAL 4, 695 ------------------------ DISTRICTTOTALS 16,889 PRESENT PORTABLE CAPACITY CAPACITY CLASSROOMS DIFFERENCE USED 598 -81 113.55% 437 13 97..03% 437 1 -59 11'3.50% 717 97 86.47% 426 2 -118 127.70% 460_ 1 36 92.17% 437 2 -150 134.32% 460 2 -62 113:48°~ 562 2 -28 104.98% 506 1 -15 102.96% 715 51 92.87% 414 61 85.27% 345 58 83.19% 276 13 95.29% 481 -23 104.78% 483 1 -70 114.49% 7,754 12 -277 103.57% 1, 000 5 -140 114.00% 1,100 10 -339 130.82% 1,250 3 -334 126.72% 3, 350 18 - 813 124.27% 1,900 ~ 7 -243 112.79% 1,950 9 -453 123.23% .130 8 -19 114.62% 3,980 24 -715 117.96% 15,084 54 -1805 ~C~~~~~ c o~ ~~~~~~~~ / --~ ~ ~~ JAMES E. BRUCE, President ~~LENN J. ~<HODES. Vice President SHERRY R. HUBER, Secretary ,~ T0: Ronald L. Henry 214 S. Cole Road Boise ID 83709 FROM: Larry Sale, S rv' o Development ~~~~~~~~ JAN 1 8 1994 ' CITY OF MI:RII)IAN January 13, 1994 SUBJECT: MERIDIAN MEADOWS SUBDIVISION - PRELIMINARY PLAT On January 12, 1994, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 January 13, 1994 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority toQether~ with payment of fee charged for the- manufacturing and installation of all street signs, as required. 4. If Public Rights-of-Way Trust Fund deposit is required, make deposit to the District in the. form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements,- and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat .must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. LS cc: Development Services Chron J. Reese Leavitt Meridian City Hall c i V ~V ~ 1 JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUGER, Secrerary '"O: ACRD Commission FRGM: Development Services R]ECEIVEI) JAN 1 8 199~t CITY OF MERIDIAN C.l INTER-DEPARTMENT CORRESPONDENCE MERMEDOW!DSTECH 1-12-94 DATE: January 7. 1994 SUBJECT: PRELIMINARY PLAT - MERIDIAN MEADOWS SUBDIVISION (Developer - Ronald L. :ienry. 214 S. Cole Rd.. Boise, ID 83709) (Engineer/Surveyor - J. Reese Leavitt, P.O. Box 232, Melba, ID ~i3641) FACTS & FINDINGS: ~.. "Meridian Meadows is a 27-lot single family residential subdivi- sion on 10.0 acres of property located on the southeast corner of State Highway 69 iKuna-Meridian Road) and Calderwood Street. 2. GENERAL INFORMATION: ACRES - 1C.0 FEET OF NEW PUBLIC STREETS - 1,465 LOTS - 27 Residential VEHICLE TRIPS PER DAY - 270 TRAFFIC ANALYSIS ZONE - 293 L.F. OF FRONTAGE ON State Highway 69 - 389-feet MOST RECENT TRAFFIC COUNTS - None Available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 120-feet REQUIRED RIGHT-OF-WAY - Comply with ITD requirements. L.F.. OF FRONTAGE ON Calderwood Street - 735-feet MOST RECENT TRAFFIC COUNTS - Not constructed yet FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Collector ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGIiT-OF-WAY - 60-feet IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ?=i~EI,iN.INARY PLAT - MERIDIPN MEIDOW~ SUBDIVISION :7anuarv 7. 1994 '~aae 2-- St.at.e highway 59 (,Kuria-Meridian Road) ? s ur_der the jurisdic- tion of Idaho Transportation Department EITDl. The developer is required to submit application materials to :CTD for review and requirements ~f that Department. ~~. Calderwood Street is currently under construction (28-foot paved roadway) as a requirement for the platting of Funning Brook Estates. Staff recommends full curb, sidewalk. and pave- ment widening improvements abutting parcel as a continuation of the evicting improvements be constructed to a collector standard. The additional right-of-gray .requirement of 10-feet !from 50-f.eet of right-of-way to 60-feet) will be imposed on the property to the north when it develops. TYtere are two lots (Lots 9 & 10 of Black 2) proposed to take access to Calderwood Street. The lot layout in this area will be required to be rearranged to avoid direct lot access to }his collector street. =~. The proposed 10 Mile Creek Trail will be required to have a paved public turnaround. canstructed at the south end of it. 6. This application is scheduled far public hearing by the Meridi- an Planning & Zoning Commission on ,~anuary 11, 1994. SITE SPECIFIC REQUIREN' ANTS: r i. Construct curb, gutter, 5-foot sidewalk and match paving on Calderwood Street abutting parcel. Improvements shall be constructed to a 41-faot back-to-back street section. The owner will be compensated for the curb and pavement widening (excluding the sidewalk) from available impact fee revenues in this benefit gone. ?. Direct lot or parcel access to Calderwood Street is prohibit- ed, in compliance with District policy. Lot access restric- tions shall be stated on the final plat. 3. Comply with requirements of ITD for State Highway 69 front- age. Submit to the District a letter from ITD regarding said requirements. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed. in conformance with District standards .and policies. ?RELIY7INARY FLAT -- I~IER~AN "4EADO~AS SUBDIVISION • a.nuary 7 , 19 9 4 ~.~ye 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with Di.stri.ct standards and poli- ries . 3. specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-:1215. ~1. F.rovide written approval from the appropriate irriga- tionJdrainage district authorizing storm runoff into their system. ;. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- ~,~rovements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- col. 7. Submit three sets of street construction plans. to the District .for review and appropriate action. ~. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. Puialic street drainage facilitiAs shall be located in the public right-of-way or in a drainage easement set. aside specif- ically for that use. There shall be no trees, fences, bushes, :,beds, or other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be noted on the plat. 9. ?rovide design data for proposed access to public streets for review and appropriate action by ACRD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the Listrict with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until. all fees have been paid and. a copy of the recorded plat has been provided to ACRD staff. The. copy of the recorded plat shall show the recording information as inscribed. by the Deputy County Recorder. • P~ZELIT?INP.RY PLAT - MERIDIAN ;7EADOk1S SUBDIVISION January 7j 1.994 Page 4 ~ "? . -Install a stop . sign on every .insignalized approach of a project street to an intersection involving a collector or. arterial as the r_ross-street. The stop sign shall be in-. stalled when the project street is first accessible to the motoring public. 13. A :eight-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (.with zoning file number? for details. 14. A request for modification, variance or waivQr of any require- men~ or policy outlined herein shall re made, in writing, to the Manager of Engineering Services within 15 r_alendar days of the original Commission action.. The request shall ir_clude a statement Explaining why such a requirement would result in substantial hardship or inequity. Should 1ou have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMAiISSION APPROVAL: ~ AN 12 X994 Larry Sale • .1 . ~ 1 - - -' - _ .- . . - ~ i; a .~ y. • ~, ~ -xa _ _ cev~rir, ~ _. - ~' ~ N~ a9~ . (~ - ~ is1~~o. ice„ r . .,~ .. / ~ - I t • i • ~ , ! .. • ~ ~ / 'rte-- _ ~ . , ..~.. , _~_ , j. i • _ .... ~ / '1 1.~/.~` it e _ r - a , • .r ,, O ~~ i a ,1R / "~ ~ • N ~ ~" = I .. _ \ a • ` n - s • • ? - ~~ /• I o ~ . . i ~~. .. \. - - _ ~ r r ~ t _.. _t . _ . ~ ~ " d - ~ • /~ ~ •' ...... ... r. ~ / ~ ~.-.-.-.~..._.-.~..... • i. • • • • h . I •~ r' •. - • /`\ ~ • • ~ ~.. i • • - ` ~ reran - - • e _ _ ~ ' \`. ~ t . _~ , ' • • ~ i 'r-, . ~~~ ~~ - - • • • ~ •\ i ...•. ~ ~ ' . . ~,• . ~, ~ a 1 - ~ ~.. _.-_ .. t.. ~v ~= --; _ ~ '~ _ - \' ~ 1 _' r ,~ vl CTo ---R~ - .. - - .. .~, ' w . -- ° A arr. .w~" T - . . nl.. ~ •~ _ rrom : • ri iora~ rao. Jdn. E1~ 1~'7~ `J: JJaM rf]1 ~~~~ ~ ~a~f° ~~~~ is ~~ ~~i~ ir~~ ~ Y ~ ~~~~~ N --- ,~ ~ ~ ~d~ ~ ~ ~~~ ~ ~ ~. ~; < r7i i' l~ ~i ,, ~ W,~J Y ~~ - -" -.. I = -~i ~.. ~ *~ . •= , ~d i ~~ . ~ ~ ~~ ~i ~~tio~~~iti~! l~~1~4 ..I ~; lill .®o ~ ~ ~.ecccc ooh{ee I~I~ llll ' ~, . ~ ~.~~ B' ~,lR.i ^ ee'~.c »..~m. ~ C r'' ly.~r _~ ~ rig i i i 5g ~1 ~ ;~e ~ ~° i ~ tide C7' ~ ~ ~~ ~~ ~~ ~~~~ i~ n ~ / ~~ 9~f °~ ~~~CI p~ Oi ~e a°d~ g~ ' 4 ` a E ~s .... W ~ ~ ~~ ~~ I N ~~ ~~ a ~~ c i ~ e g t ~, E o e g ~~ ~~ ~ ,a ,~~ i is o~ ~ B of ~: Ifs - ~S ~~~ ~~ E~ ~d =~~~ ~ ~---~-- .2~ ..- ~, i ,,' .._l~ ~ ~ ,: _ 1 ,.~.. .._ _~~....., .....:.... ~ .. n' ~'~.•.~.oo aie ~ dboa N'-IOIt13W 'S j o~'o~t ~,~ ~. - _ +wo.ocm z t . _°! ~ i ~~ ~, ~- ~ ,~ ,,{y li, ~ ~ - ~ Ii ~y{ / - .I ..~... .~y ~_ ~~ `/I I) ~._ .....~ SUBDIV•ON EVALUATION SHEET city ~ ~~ Proposed Development Name FAUCETT'S MEADOWS MAR 3 1 1994 Date Reviewed 3/24/94 Preliminary Stage XXXXX ~ Final CITY OF ~iIE~iI~3iAI~ Engineer/Developer Bri s En r. Meridian Me doves Par n r The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. FA~CETT'S MEADOWS SUBDIVISION A ~_ Date 3 Z The Street name comments listed below are made by the members of the AD COUN Y STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The f Ilowin exis in treet names hall a e r n he lat a "S. MERIDIAN ROAD" "E. ALDERWOOD TREET" "E. OVERLAND ROAD" "W. OVERLAND ROAD" The followina new street names are aaarovpd and shall ~~^°ar on the plat as• "S. FAU ETT WAY" "e. LOMARDI STREET" "E SIEMSEN STREET" "CREEKSIDE" i a du licati nand heref r c nno be used. Ple se choose anoth r name and have it a roved b the street name committee. The above street name comments have been read and approved by the following agency representatives of the ADA e0 nNat ve oRh sides gnee 0 o dler for theLstrefethnames torbe must be secured by the rep officially approved. N Y R R EN TIVES OR DESIGNEES ADA COUNTY STREET NAME COMMITTEE, Date ~~~~~1~ Ada County Engineer John Priester Date 3~~ ~>~ ~ ti.w C~ Ada Planning Assoc. Terri Raynor Date Meridian Fir District Representative NOTE: A copy of this evaluation sheet must be presented to the9 da County Engineer at the time of signing the "final plat", otherwise the plat will not be si ned .... Sub Index Street Index NUMBERING OF LOTS AND BLOCKS ~ z ~' TR~suss~sM_urv.FwN ~i~ ~€ a € - - ------- -- - -- ar / . ! ~ ~d ~ ~ ! ~ y5q~j ~i ~ -~ _ _ 96'9Bf 3J6t.9-DO N 9 ~ si ors ~~~ T~ ~ ~~ ~ jit Q g` 6~'-6t ~' ~0 6~7a~i T~ D~ ~~ ~ ~ ~p~ ~ ~ gg! ! ~ =~ a 'f ~ ~' / a~ ~ a ~ ~s ~~~ g ~ g' s~ gR s~ E~ E lei A~ ~~ @~>! ? ~ I .o'~'~' " 1 '~a°'~~ / ~~ :~ o" ~`-• I pp ~a a ~ :~ g ~ g ~ ~ ;a gg- 4 !.5y - $ i-E N I•'//~ S '~ ~ Q 'I ~ @Z~ SQ3 ~,~~-° W ~~ // '~] ~aO~ 4`O~ O~ rye I O~ _ ~~~~n WO~~~i~ ~ O 1 ~ -'J_' 1 C n W C Z~ W3O~99f I e ~ ~• _] r I ~ D't11 z - L--- I ~ ~ , ~ O H ] re • ~oi I sI ~°, O; _ ~' I I W OOt1 ~ I a1N O~ `;\ W O ; W Z~ W ~ J I 01 , W mfY 1•f ~ h NONm Z' ~ ~ al ' I m ~J i- I m 'r 1~ I ~ n 2 s vl N ~ \ _ Q : v I ~ a1.D i a to O Oi ! O = . Z ~ < ~ ~ • I ~ ~ D' u W -S ~ ~ ~ o Og J ] I ~~~i . ~ Z ,~ = 1.19. O~ ° 1 ~] ~ W zs O W friOHp ^ W~ I I J ~1 i^ 1 O ~ I~ 3 K • a~Q W S ~ I ~` D _ v~ s 1 t 1 to • 7 1 c O 1 I, ~ ~ O 1 • ~I w< ~ ~ I", ~0 s l - ~ i -., _ _ _ .~,., ~, I I` ~•~ `~~ RI. ~ 1 .5 _ ~OY1 ~ --~ - ~ ~ 1 •D~ D • 1f~01 C D -- i o I~ Q A ' ,~ ~ ~ s _ ~ ~ ~ 'Q3F b/~~ r1 '1~~~ 1 t I _ ~~ ~, --- - wwRa nrL ul M110.SS40 S '~~ _ OS:YBI 1 Z6'BISt 00'69f M;OO.SS.0a5 Q~/Da ~ 3~ •S'~`-~ .a 3' ° ~' i5 3 3 ~~ ~ 3~ ~ ~~ _ ~ ~ ~~ ~ ~~~ ~gg ~ gg~ ~ ~~ ~i~~~ eeo..; Il~ttititi~go}}op y ~---, a f • ~~cE~~r~~ JAN 3 1 1994 SUBDIVISION EVALi~A'I`ION SHEET Cl~"~ ~~ ~~~-~~:~~x Proposed Development Name FAWCETT'S MERIDIAN MEADOWS SUB City MERIDIAN Preliminary Stage ~ Final Date Reviewed 01/27/94 Engineer/Developer J. Reese Leavitt En r. Keridian Meadows Partners The following SUBDIVISION n AME f the IDAHO STATEhCODE a County Engineer or his designee per the requireme ~t ,,~~, o rn~OrAN i s A 0 uPe.~eATc0~3 Date L ~Nl~ CA•tJ1.JOT P~6 UScQ ll.7D The Street name comments listed below are Wade by the members of the AD COUNTY STREET NAME COMMITTE aaucdewri~h trtiMn idian City St eet Namee Or inanceing this develepmea~.t in accor The followin existin street names shall. a ear on the lat as: "S. MERIDIAN ROAD" "E. CALDERWOOD STREET" "E. OVERLAND ROAD" "W. OVERLAND ROAD" The followin new street name is a roved and shall a ear on the lat as: "S. FAWCETT WAY" "E. LOMBARDI STREET" "E. SIEMSEN STREET" exists. Please choose another name and have it a roved b the street name committee. ~ p roved b the following The above street name comments have been read and a p y agency represent ~tivcured by theDrep o sentat~Eor h~is~ de:s~neeEin order for the signatures must b . se street names to be officially approves ADA COUNTY STREET NAME COMMITTEE, Ada County Engineer Ada Planning Assoc. Meridian Fire Dept. NOTE: A copy of this evaluation Engineer at the time of signing the signed !!!! Sub Index John Priester Terri Raynor Representative DESIGNEES Date L Date ~ ~~I Date sheet must be presented to the Ada Couaty "final plat", otherwise the plat will not be Street Index NUMBERING OF LOTS AND BLOCKS E y ~tX ~ ! ~~ a ~i ~~ ~ ~€ I! ~~~~ ~~ ~ ~ ~~ / , s a ! p$ ! Z i _ B6'BBf 3.61.91170 N ~ ~ ~ 1 a _ 9qQQ ~' ~ $~ ~ !~i '~ ~~ ~ R~ ~ pp~Q ~~ y~ ry6f~r6t ~ ,e ~ /- a a ~ '°r / !! _ ry ~/ . 5~ 8 K ~ 'Eg ~ gl! ~ 2 ~i I r i ~d; Lek; I~ ~ ,~,+ ~ i s a / ~ / v, /. ~ ~ e~ W .. ) ~~\ w~~ Q}tea ~ ~ ~ ~ :~ s cj 3 a I m«~ 2 ' L--- I C s ~ , ~ I ° _ >Z O 8 ~ o 13 O~ ~~ ~ p~ ., I A I ^ ~ mnl a of A .- N i ~ -., u m mm ~~ a~ Z ^ W O = d] W ~ J T ` W m l IMpI ~n O~~ 8 ~ Y ~ I m g O~ Q W ~ mn~ b' crag m } _ °° i- 1• I ~ Uf ~ ~ N I N H \m O C ; ~ ; ~ ~n m~ I ~ ~ O ~ 8 O~ ~ O O_ ~ Z ^~ V S i ^ N O '1' -~' ~ N m1u <L' G H ~ I p mFi e'tu ~~1-ni, a ~Z .t ~ = W~ O I I 0 W Qi ~~ 0 JA N C I b ms't ~ ~ OS ~ .I 4 O i W J •. 2 1' ~ ~ 1 ` m711 f W o ~ ~ i ~ U~ ! 1 1 ~ .o i I ~->-- I I ~ are « i~ D _ CI ~ ~1 I Q ma.w nw m O:1 ~ ' O° N Q~ 1 > >> ' I ~~ p Os i`-' ~E • W e ~ n ,zed -I -~ 'j' .11 wr musoo ~ _ ~ OS'-6l ~~ / _ M,OO.SSOO S _ - ~ OS'-6l g Z6'6lSl 00'6BC MAO.SS'Da S Q~/Q~f N1r'I 3W d ~-' o: ~ - ~~ o -' ~ 3 ~ ~1 . i ~ 7 I a.~.. _ , ~~~ ~~ ~ . ~~ 6?52-- per.; A=~` ,~~ ~i~ ~ ~.~ OS%-6l • ~\ _ zr ~ r`ssao s 33~ ~ ° ~ i!{dYil --~ -- ~ ~- ~ f s ~~~~~~ ~ it i ~~ ~ ' ~ '-I _' ~ i ~ ~ f 'I ,, ~ February 22, 1994 Will Berg City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 .. CONSTRUCTION, Inc. Ronald L. Henry Business Manager 150 South Cole Rd. Bofse, ID 83709 208-376-7238 Dear M r . Berg : Fax (208) 376-4231 R~CIE~i~1E~} F F B 2 2 1g~4 C~T'Y ~F ~Ef~It~II<t1V In .7anuary I submitted applications for Preliminary Plat Approval and Annexation/Rezoning for a new subdivision named Fawcett's Meadows. The Preliminary Plat Map has a 1.25 acre parcel located on the east side of 10 Mile Creek which is isolated from the rest of the subdivision. In my discussions with Wayne Forney prior to the Planning & Zoning Committee public meeting, I offered to donate the parcel to the City if the City would improve and maintain it so that it could be used by the public as part of the 10 Mile Greenbelt. The feedback I have received since my offer is that the parcel is too small to be designated for a City park and it is very isolated from any access from other subdivisions. It doesn't appear that the parcel is of. any use to the City. Two weeks ago Steve Anderson, who is developing Running Brook Subdivision, asked me if I would be interested in letting him acquire the parcel so that it could be added to his subdivision. I told him of my offer to the City and also told him that I didn't think the City was interested in the parcel. It appears that this may be the best solution to the problem. Steve said that he would add a portion of the land to each of the three parcels that are adjacent to the 1.25 acre parcel. This would insure that the parcel would be maintained as an integral part of the Greenbelt. Therefore, I request consideration so that the Running Brook Subdivision. further, please call me at iY ur truly, ~~ ~~~ Ronald l~ . Henry that my offer be withdrawn from subject parcel can be added to the If you would like to discuss this 376-7238. ~, u7 ~ , -, w~ W `' cal. Q ~ -T-~--- -.__ . __ _ . ~ m ,.~ J -- - __... __ _. _. ~b/~\ CIS ~ ' ~'S C~ ~~ - = ~_4 N ~ '~ 9 ~ ~ v m _; ~ ,, ,i ~ i ~~ o ~, ~ ~, o ~ ., i -~ i ~ ~ ~ ~ ~ ~/~ ~ ~ ~ ~I ~ ~ ® ~. ~~' ~ ~ ~ ~ ~~ a~I ~~i . ~ ~ ~ ~ ~~ / ~ ~ ~~ ~ i i ~~ ~ ~ i ~ ~ / / / ~ ~. ~ ii _. i ~~ ~ ~ Q ~~, Llnj i //~~ ~\ ///, i ~C ~) I ~ • ` 1'J , ' ~ ,~~/ ~ ~, ~~ / ., ~ , ~~o , '. ~~~ .~ \ / ~ ~ ~, /I i ~ i /i~, i ~a~~ I i ~ 0~' \ / i ~~ ~ ~~ ~ ~ I ~ ,~ ~,o ~~ ~~ v ~' 0 ~ ~ ~ o n ~ p m ~ ~' J } ~ ~ ~- ~ ~ PRELIMINARY PLAT CHECKLIST Incomplete Submittals will be Rejected Pre-Application Submittal Meeting Held (11-9-604. B) Minimum house size shall be shown (Zoning Ordinance 11-2-411.E) 30 copies of completed and executed subdivision application form 30 copies of plat map at 1 " =100' scale. Preliminary plat must include, in addition to any additional information requested by the Commission, Council, City Engineer or Planning Director, the following information: Name of proposed subdivision and general location Names, addresses and telephone numbers of the owner, subdivider and the engineer, surveyor or planner who prepared the preliminary plat Statement of intended use of the proposed subdivision (i.e., residential single-family, two-family or multiple housing, commercial, industrial, recreational or agricultural and a showing of any sites proposed for parks, playgrounds, schools, churches or other public uses) Drafting date Northerly arrow Designer's initials A~ dimensions of lots Easements Streetlights Fire hydrants Storm and sanitary sewers Irrigation laterals Ditches Drainage ~ • Bridges Culverts Water mains Streets Sidewalks Other required public improvements Appropriate supplementary information that sufficiently details the proposed development within any special development area, such as hillside, planned unit development, floodplain, cemetery, mobile home, large-scale development, hazardous and unique areas of development Street names, rights-of--way and roadway widths, including adjoining streets or roadways Lot lines and blocks showing scaled dimensions and numbers of each Contour lines, shown at 5' intervals where land slope is greater than 10 % and at 2' intervals where land slope is 10 % or less, referenced to an established benchmark, including location and elevation Proposed restrictive covenants and/or deed restrictions (these must be submitted in fmal form and approved by the City prior to final plat approval) 30 copies of 1" = 300' scale map on 8'/~xll paper indicating all adjacent development and/or lots of record within 300' of any boundary of the proposed development, zoning, and the layout of the proposed development in bold outline. 30 copies of vicinity map showing relationship of proposed plat to surrounding area (1 /2 mile minimum from exterior boundaries, scale optional) Site report as required by appropriate health district where individual wells or septic tanks are proposed • • AMENDED ORDINANCE NO. 646 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land in the Northwest 1/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Nort thence South 00°55'00" OF BEGINNING; thence South 00°55'00" thence South 89°59'15" thence North 00°46'50" thence North 89°59'15" OF BEGINNING. hwest West, West, East, East, West, corner of said Section 19; 1519.92 feet to THE POINT 583.50 feet; 1121.3 feet; 583.47 feet; 1120.32 feet to THE POINT is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law- as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: AMENDED ANNEXATION ORDINANCE - FAWCETT MEADOWS Page 1 a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and. sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised"and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9- 605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its. passage and approval as required by law. AMENDED ANNERATION ORDINANCE - FAWCETT MEADOWS Page 2 . ,~ • • PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~~~ day of May, 1994. APPROVED: MAYOR -- GRANT P. RING ORD ATTEST: WILLIAM G. BERG, JR. -- CITY CLERK ~.A~ ~ ~ `s ~ '~W r ~^ ~'l ~a9 STATE OF IDAHO, ) ss. ~~fa~~ ~ ~ County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certif of an Ordinance enti led oinAgN is a true, full and correct copy AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE, passed as Ordinance No. 646 , by the City Council and Mayor of the City of Meridian, on the ,~RD day of May, 1994, as the same appears in my office. P_ ~ DATED this ~'- day of May, 1994. City Clerk, City of a dian Ada County, Idaho AMENDED ANNEXATION ORDINANCE - FAWCETT MEADOWS Page 3 STATE OF IDAHO,) SS. County of Ada, ) 4..x ° ~~ ~ ~!"~~~~ .r a-,xm ~.; n. On this ,3r~ day of May, 1994, b e, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate firs above written. ~ ,~~~~~~esur,,~~~ R ,~"~ ~~°-~, ~~ : a Public for aho SEAL ~ ~ = ~~ ~;~~ `~ ~ r ~~~ esi ing at Meridian, Idah - ~, My ommission Expires ~ - ,, s, ,:~ r ~ z~ a, fr' '' ~,~0 ,.; ,~ ~ ,,~ ~ i~~ r w' ~;w ~~ ~~~ AMENDED ANNEXATION ORDINANCE - FAWCETT MEADOWS Page 4 • HUB OF TREASURE VALLEY • WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. TOM KUNTZ, Parks & Rec. Director DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Legal Department (208) 884-4264 ROBERT D. CORRIE Mayor CHARLES M.ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP BYRON SMITH MARK NELSON January 21, 1998 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 388-6532 fax 322-2032 Re: Street Lights for Fawcett Meadows Subdivision The Street Light has been installed by the City of Meridian in Fawcett Meadows Subdivision. This is an 250 watt high pressure sodium light on a steel pole, owned by the City of Meridian with a maintenance agreement with Idaho Power. The one (1) street lights are located at: Lot 1 Block 1 E. Calderwood Drive 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 •-. 0 °`8~~~ ~ ~ ~ M ^v ~ ~ ~ ~ ~ ~ ~ ~ ~ ~,~ ~~ g ~ ~ ry $ rc ~ ,yes o N !~ ~ ~~ ~ g ~ d~ << ~ s° eL f ~,~°~b ~ ~ ~ ~ ~dQ ~ ,~o W ~ m e rc c P~ O~ SMAR~N~o ~ ~ ~ ~~ $ W ~ $ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~0° o ~ o _. ~ T ~ e ~ w ~~ H W N~ 8 o 0 ~ W ~ u/ N NZ N y as Neioia3w ~ ~~ ~ ~ ~ ,-~' .~ Y 3 0 N a ~~ s a ° ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ WIIJJAM G. BERG,"JR., CUy Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E.. Cily Enplneer BRUCE D. STUART, Water Woks Supt JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parlo Supt SHARI L STILES, P b Z AdrNrdstrator PATTYA. W~OLFIOEL, DMV Supervisor KENNETH W. BOWERS. Fke Chief W.L BILL' CORDON, PoBce 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 Wacka/Baildini Depactmeat (208) 887-2211 Motor Vehicle/Drivas Lloease (208) 888-4443 ROBERT D. CORRB: Mayor MEMORANDUM: . To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer COIJNGIL MEMBERc WALT W. MORROW, Presidarrt RONALD R. TDLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P ~ 2 COMMISRION JIM JOHNSON. Chairman T1M HEPPER JtM SHEARER GREG OSLUNO MALCOUI,1 MACCOY Date: '- z~7. ~ ~ ~~ From: Harold Hudson, Electrical Inspector ~~~ 2 Q ~~q8 Re: STREET LIGHT ELECTRICAL INSPECTION ' ~~ ~~~~ I have inspected d approved the electrical wiring and associated components for _~ street lights in ~ .~dl.yLr- ; °r /,/•(E~-~~~~~ .Idaho Power Co. can now proceed with the activation. ~A ~./~w~ Harold Hudson, Electrical Inspector C:\WPW IN60\GEN6R,4i,~E(.ECINSP.MbfO ~p ~ CITY OF MERIDIAN, BUILDING DEPARTMENT 33 E. Idaho, Meridian, ID 83642 '~~ ~ "` 887-2211 • Inspection Line 887-1155 ~~. ELECTRICAL PERMIT Iss~_ted: 6/c:-71/97 Permit No: li~wa ---PROPERTY LOCATION------------------------ OWNER/AF'F'LICANT--------------------- CITY OF MERIDIAN i i r-AWCET7 MEADOWS I MERIDIAN ID 63000 I Lot: Block: Long Legal: X06/000-~00G I Sub: T, S; I Parc No: --------------------- ------------------DESIGNER----------- CONTRACTOR---------- MERIDIAN ELECTRIC, INC. I 531 N. L I NDER RD. MERIDIAN ID 63E42 I ----------------------------- ---------- PROJECT INFO---------------- j Value: $1 500.00 Pr ------------- I Temp Service: vice: l S . P e: T STREETLrIGHTS er I Residentia r.~ Occ yp Type: COMMERCIAL I Number of Rooms: I Electr^ical Heat: Occ Cnstr Grp: Type: Occ Load: I Number of Circuits: STREETLIGHTS th Land Use: er: IO I PROJECT N07ES-------------------------------------------------- ONE (1) c50 WATT STREETLIGHT ACROSS THE STREET FROM LOT 1 BLOCK 1, RUNNING BROOK ESTATES DR ~4G E. CALDERWOOD DR. STREETLIGHT INSTALLATION ORIGINALLY REQUIRED BY DEVELOPER OF FAWCETT MEADOWS NO FEE CITY PERMIT ------------------ PROJECT FEES ASSESSMENT--------- - ------- -- Amount --------- Paid: -------- ~~D.00 $~- 00 TOTAL ELECTRICAL FEE: Balance Due: $0.00 IMPORTANT INFORMATION Inspection 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 any permit issued in error or on the basis of incorrect information. Permits expire in 180 days if: work is never commenced, or is discontinued for a period exceeding 180 days or 6 months. Declaration -This permit is being issued subject to the the work to be performed will conform to the regulati and la of the ity of Meridian, and it is hereby agreed that Agent Date s Mn • • ....... •.:::. •..:.::..~ ::::.::::::::::::::::::•..... •.......................................,.................... ~........:... ti. ........ ::•.:::•.:::•:..:.:• ..• •:~:::.::::.:..: • "•,?~1 ~ :i City of Meridian DATE: 8/20/97 ~"~ 33 East Idaho Ave Meridian, ID 83642 Invoice # 5043 '` P.O. # 5185 ~'' Job Discription: ~{~ «: Street Light on Caulderwood ~~' +: :ti ti~ ti+ :` Quantit Item Amount Total 1, 380.00 TOTAL $1,380.00 r R ~.. ~ ELECTRICAL PERt+I I T i • Tss~_ted: 8/`0/97 Permit No: 11508 OWNER/APF'LTCANT________________________F'ROF'ERTY LOCATION--______________--__-___ CI'T'Y OF MERIDIAN I 1 FAWCETT MEADOWS I MERIDIAN, 1'D 8~,~~~ I Lot: Flock: Long Legal: c08/rZ-O-Z~-OO~G I 5~_tb T; S: i Parc No: I CONTRACTOR------------------------------DESIGNER--------------------------------- MERTDIAN ELECTRIC, INC. I 5.:,1 N. CINDER RD. I MER1'D1'AN, TD 8..:,E,4c I , ;"-'08/888-~88` I 00~/~00-000 I PROJECT INFD-------------------------------------------------------------------- Pr.j Val~_te: ~1,50~.Qi~ I 'Temp Service: Pr.j Type: STREETL'lGHTS I Residential Service: Occ Type: COMMERCIAL. I N~.tmber of Rooms: Occ Grp: Dcc Load: i Electrical Heat: Cnstr Type: 1 N~_~mber of Girc~_~its: Land Use: IOther:STREETLTGHTS I PROJECT NOTES-____._------------------------------------------------------------- ONE ti) DSO WATT STREETLIGHT ACROSS THE STREET FROM LOT i BLOCI'. i, RUNNING BRDON. ESTATES, OR c4c E. CALDERWODD DR. STREETLIGHT TNSTALLA'TION ORIGINALLY REG!UTRED BY DEVELOPER OF FAWCETT MEADOWS NO F'EE CITY PERMIT F'RDJEC:T FEES A55ESSMENT--------------------------------------------------------- Amount Paid: X0.00 TOTAL ELECTRICAL_ FEE: ~0. ~~ Balance Due: $~. ~~ ~ ~~w~ ~~QQ°~~r W ~, ~ ~ ~_ Q W L~ V 0 O OI Z a s z ui ui -ww Q U_ (Q) a~Y a?a Qwa VO ,'~ ~WQ ~Z¢ fwa c7 z~a U =J2 FQ~ T Z ~~ a M ~ m ~ Q ~ XX W ~aLL ~ ~° . v- LL Z ~ O w r o r M ~ ~ V W ~ { ~a Z W - --- -- -- --- - a -- --- -- -- -- o i O r z ~ ~ y a 0 Q a ~7` w ~ O U ~ -- - -- --- -- w a a z O x ~ w o w U w O a 0 w a a_ x • ~ m o ~ w ~ ~ ~ ` ~ ~ j ` z V O J 0 LL W Z H ~ O `,~ w O ¢ a_ ai w ` m `V l~c~ ae ~ w ~ ~ Q F o ~ _ > 7 J ~ a~ V Z `~- JW o~ > sa ~ Z - w w (~ O ag ~~ ((~~ `_ ~ L\ 1 a •~ v Fy < Z V W ~ ~J ~~; o ~ J ~ x z za yZ J W z 0 ~ ~ z~~~~~ FygZ~~ ~ d 3 N LL LL Z ¢ W = W ~- ~ ~ ogJ~W ~' ~ ~p<~S `M_ 1~ ~ " ° Um~~~il J ~ \ w~ 9 _ N3N¢ ~ • W ¢ W ~ p W Y W W f < ~ W'- `V ¢ ~ ~ a C ~ a -p00 y ~ 2 W a W f~ LL O O , c~ < Cfty of Meridian 33 East Idaho Ave Meridian, tD 83642 Job Discription: Street Light on Cauldervvood DATE: 8J20/97 Invoice # 5043 P.O. # 5185 Quantit Item Amount Total 1,380.00 TOTAL $1.580.00 i CENTRAL •• DISTRICT ~ITHEALTH DEPARTMENT MAIN OFFICE • 701 N, ARMSTRONG PL. BOISE, ID. 83104-0825 • (208) 315-5211 • FAX: 321-85~ To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 94-598 December 14, 1994 DAVID NAVARRO ~"-!'~ ~ ~~ ;~;~:~~ ADA COUNTY RECORDER ~~"(""~' ~ ~" ' ~. ~ ~ -~ ~-''° 650 MAIN STREET BOISE ID 83702 RE: FAWCETT MEADOWS SUBDIVISION #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 December 14, 1994. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, l~ c~,~~'~i~~~ 1 Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist - cc: Tom Turco, Director HUD City of Meridian - Meridian Meadows Partners " ` :J~. Reese Leavitt Serving Valley, Elmore, Boise, and Ada Counties . Ada / tla» Courtly omce WIC Boise - Haddon 8more County oeksr • . Snare Courtly Olllce Valley ~y ~• 701 N. Amutrong Po. :1606 Robert Sf. - 520 E. 8th Street N. of Environmental HeaBh P.0. Box 1448 Base. ID. 83704-0825 Base, ID. 83105. Mountoin Home, ID. 140 S. 41h Street E. McCa9. ID. 83638 . Enviro. HeaBh: 327-7499 Ph, 334.3355 83641 Ph. 5874407 Mounto~ Home. ID: Ph.634-1194 Famiry Planning: 321-7400 324 Meridian Rd. 8364) Ph. 581.9225 Immun¢atbru: 327.7450 Meddlan, ID. 83642 Nutrition: 327.7460 Ph. 888.6525 WIC: 321-7488 • Meridian City Council August 2, 1994 Page 40 I am not aware of it. Morrow. The other thing is quite candidly when Mr. Van Auker and his group come before us we can offer some encouragement to do something with that little triangular piece of property in terms of whether it is high density residential or commercial or industrial that would serve to buffer the lots that are under us at any rate. and quite candidly it comes a bastard piece of property. Because there is nothing he can do with being in Meridian and the rest of it being in Boise unless we annex it all. Kingsford: Any other questions of the Council? Entertain a motion. Morrow. Mr. Mayor I would move that we approve the final plat of Westdale Park subdivision No. 2 subject to staff conditions and that the berm configuration be as presented. . Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the Westdale Park No. 2 final plat conditioned upon Staff recommendations being met and stipulating that the berm be developed as presented in the presentation, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: FINAL PLAT: FAWCETTS MEADOWS SUBDIVISION NO. 1 BY RONALD HENRY WITH COVENANTS, CONDITIONS AND RESTRICTIONS AND DEVELOPMENT AGREEMENT: Kingsford: Counselor have you seen those CC&R's? Crookston: I believe that I have, I can't remember right now. Kingsford: When were those submitted Ron? Henry: Today Crookston: I think I reviewed them but I haven't seen the revised ones. Henry: Okay, 1 got your comments and then I incorporated your comments and produced a revised set. Corrie: So the only 2 dogs and 2 cats • • Meridian City Council August 2, 1994 Page 41 Kingsford: And you included all of his comments in there? Henry: Yes Cowie: Who made the comments of only 2 dogs and 2 cats for animals? That is what you have in their now. I have one other question on street lighting, yard lights is that all no street lights? Henry: We are going to go to street lights. Cowie: The fire department had some concerns. Henry: I considered that and after (inaudible) Meridian Greens has yard lights (inaudible) street lights. Morrow. You have read Gary Smith's comments, the City Engineer's comments as of July 27th and you are agreeable to all of those including item #5 creating a 20 foot wide common lot area for place of easement indicated in between lots 3 and 4? Henry: Yes, I had a discussion with Gary today and I have kind of changed my mind as far as what l suggested to you and I will go along with the 20 foot wide (inaudible). I had a discussion with Gary Smith today and gave an alternative to the 20 foot wide lot and this afternoon I took a look at that and said maybe that is the better way to go. So everything on his list is acceptable. Kingsford: I have joined with Gary in supporting that 20 foot easement. Henry: Well, what it forces me to do it adjust some lot lines and what I have to do is go this last lot which is down here at the bottom comer I am going to have to actually adjust the 2 lots down in Fawcett's Meadows No. 2 skinny them up a little bit to 90 feet rather than 97 and the add that this last lot so that will be big enough. So I am making that adjustment I think everything works fine. Kingsford: Any other questions for Mr. Henry? Is council prepared to take action? Morrow. I would like to hear something from Gary and Shari if they have any comments? .Kingsford: How are you Shari, are you fine? Stiles: I am fine I would like to (inaudible). Mr. Mayor and Council we pretty well worked out the things I think in the development agreement. One thing Mr. Henry is real • Meridian City Council August 2, 1994 Page 42 concerned about and I am also wondering what to do about the Ten Mile Creek. Mr. Henry has proposed letting the homeowners landscape it the only problem is I am afraid we will end up like out in Candlelight subdivision where they actually sodded over sewer easements and things like that. (Inaudible) did not want to have a useless corridor there that 300 feet of bike path and then nothing beyond there. I have to talked to the people at the Bureau of Reclamation and they say they don't know when but they are proposing someday to go through Meridian Greens regardless of their landscaping down to the, I am sure it will meet a lot of opposition at Meridian Greens but that is within their easement and something that they would still like us to pursue. My question is whether we should ask for fencing at the easement line or require the bike path to be landscaped and put in at this point. I would believe it vuould be a hardship to require both and was wondering regarding the development agreement if simply leaving those 50 foot corridors is adequate with fencing. I am in a tough situation not knowing, I hate to make a requirement to put a bike path there before Nampa Meridian Irrigation District, before we have a license agreement with them. I don't want to cause any problems with them. So I kind of need your direction on what to do in that case. That is the only thing remaining that I have a question on. Kingsford: Mr. Smith, given what has happened in Candlelight, what would be your recommendation? A fence at the easement? Smith: Mr. Mayor and Council members, this particular section of ditch does not have a sewer line along side it, the waterway. The other difficulty with this section of ditch is what is happening to the east or up stream in Meridian Greens. That developer has forged ahead and or the builders I don't know who took the initiative but they have landscaped both sides of Ten Mile Drain down to the water. And if and when Nampa Meridian comes through to clean Ten Mile Drain there will be a lot of kicking and screaming and hair pulling and so forth. I guess I am a little parochial concerning sewer tines. Wherever 1 have a sewer line or the possibility of a sewer line I would request your suggestion that it be fenced at the right of way or easement line. So that there isn't any intrusion. Nampa Meridian is losing control and we are about to. I have an item that I want to discuss with you out in Candlelight Subdivision, these property owners are pushing us right to the edge as far as the use of these canal banks. I think we are in a position in that particular subdivision that if we don't do something about it we are going to lose it. And Nampa Meridian is going to lose their access to clean the ditch. We are going to lose access to our sewer line. I think it is time to take the bull by the horn, I think we have got to, maybe we have to be more specific in our zoning and development ordinances and specify what and where these fences have to be placed and what ditches are involved and name them. I don't know, but I know that something has to be done and it has to be more definitive so that when a developer comes in or the engineers that are doing the development work, the engineering for a development they know from the very get go what is required by the City of Meridian. On this particular development I don't have a real strong opinion other than r 1 Meridian City Council August 2, 1994 Page 43 r: I will testify in support of Nampa Meridian maintaining their access to that ditch for cleaning purposes. Morrow. I guess we can discuss the bigger issue later. My question with this portion of that ditch, you don't have any future need for sewer along through there? Smith: No, the sewer came along or is alongside the west side of Ten Mile Drain coming from Overland Road until it gets partway into the opposite Running Brook Estates and then it crosses under the drain and goes into Running Brook into a public right of way. And it continues onto the south and east in public right of ways and will eventually exit Meridian Greens east boundary again at the ditch on the south boundary of Ten Mile Drain. Now at that point it will continue to the east then along fences along (inaudible). Through Meridian Greens, through Fawcett Meadows, through Running Brook Estates, there are no fencing requirements there I don't believe in Running Brook Estates, there is a bike way / pathway on Running Brook Estates side of Ten Mile Drain. They have dedicated an easement for that pathway, but like I say the pathway for all intent purposes unless it is forced through Meridian Greens stops at Caldennrood right now. Not an easy answer, not an easy question to answer. Morrow. From the standpoint of property owners and the construction industry I can tell you that any kind of thing that is a water amenity like Ten Mile Creek which flows year around the naturally inclination is to want to landscape to that and to make it look really nice. Because we don't have any other water type amenities within the community any place. Smith: And you can see that in Meridian Greens, what they have done is very attractive no doubt about it. It looks very nice and it is a very nice amenity for the development. That is why that developer always referred to Ten Mile Creek as Ten Mile Creek and we we refer to it as Ten Mile Drain, Nampa Meridian vuon't let us use the word Creek, it means something different as far as water quality is concerned. It is a nice amenity. Morrow. And that belongs to the Bureau of Reclamation, is that correct with a licensing agreement by Nampa Meridian? Smith: Correct Morrow. Do they give, the Bureau of Reclamation doesn't have any guidance of what they expect on these things. Smith: In the past the Bureau of Reclamation has been very supportive of use of the drains by the City as far as pathways are concerned. They have been very supportive of • • Meridian City Council August 2, 1994 Page 44 that. Nampa Meridian has not because of their problems of access and the obstacle they feel the pathways put in front of them. Generally the pathways are not constructed in such a standard that they will support the equipment to clean the drains. The problem as I see it if we fence it, like on Linder Road where you have an ungodly mess along the drain on the drain side of the fence because nobody maintains that either. Smith: There is not enough room to get through there to maintain it really. Morrow. And late fall you have a fire hazard because all of the weeds die or grass or whatever natural vegetation occurs there and nobody takes care of it. If you want to see another nice landscape scheme go out to Jackson Drain along side of Fothergill, John Ewing did and you all approved his landscape plan and that is really well done. It is very nice. Nampa Meridian has no way to access the drain from that side. They are going to have to access it from the other side which is proposed as a multi family dwelling area. But again you see that kind of landscaping amenity taking place on one side and a developer on the other side says gee this would really enhance my project. It becomes a real issue with Nampa Meridian and these drains that they don't move the velocity of water is not that great and you can see growth taking place there that someday they are going to have to dig that out of there so the water can flow otherwise the level of water will continue to raise. Morrow: Then you get into floodplain issues. Smith: Nampa Meridian's charge is to maintain the drainage so they carry water through the city and dispose of it downstream. If they can't get into clean these ditches then they are not fulfilling their responsibility. Tolsma: When they clean it is not a pretty sight. Smith: That is right it is (inaudible) like Sherman's march to the sea. Henry: Is there any estimate on how often they have to clean those ditches? Is it an annual? Smith: No it is a 10 to 15 year I would say. Henry: So if there was some damage to landscaping each homeowner could be responsible to repair and get it back into order and if it is going to happen once every 10 years. Smith: The amount of damage that they do and the debris that they leave again is not a • • Meridian City Council August 2, 1994 Page 45 pretty sight. Your area wouldn't readily recover from that. It would take a great amount of effort. Kingsford: They go through there typically with track and drag lines and where they scoop that out is where it lays and they move on. Morrow. The only they take off site Ron is the trees and they will take the trees off site, they cut them down and take them off site and everything the root system and all that structure stays there. Henry: Well, it is interesting, somebody planted some trees in the last several months and maybe 6 months ago in that 50 foot easement. Somebody did, the owner didn't, I didn't but yet there are some new trees there. So it had to be Nampa Meridian I guess. Smith: They don't have a problem with trees that are above the bank of the ditch unless it is in the middle of their roadway. Any tree that is below the bank down toward the water level comes out when they clean. Henry: There are some right now. Smith: When they get up that way they would come out. Kingsford: Well I think one of 2 things the Council needs to do, is either they stipulate the (inaudible) you stipulate the fence which I agree with Walt is the most desirable, I think that we could require a note be placed on the map or in the CC&R's that says that is an easement that they can't block to try and protect Nampa Meridian's easement. The other thing is that we just tum our head and let Nampa Meridian deal with their own easement. Morrow: I think we have to do a little bit, option No. 2 because quite candidly it is contingent upon us to be somewhat cooperative with Nampa Meridian in terms of trying, we struggled a lot of years to get into a cooperative nature with those folks and it looks like we are making some progress. So I think that from my perspective that we treat it on the plat as a view corridor or something that is restricted from any and all types of building and shown in terms of cross hatched marks and something like that whenever a builder such as myself gets one of those small plat maps it shows right on that small plat map that it is a no go no use area and if nothing else maybe it is treated like a (inaudible) that is adjacent to Logger Creek or something like that where you don't touch anything in there .but the natural growth growing and that becomes your landscaped amenity so to speak. Of course you can get rid of noxious weeds and those kinds of things and everything else stays. • • Meridian City Council August 2, 1994 Page 46 Kingsford: I would certainly agree with that, if we don't we are going to be looking at a couple of weeds stacking up and junk and all sorts of things. Smith: And the other issue too Mayor and Council is the sideyard fences that would cross this access way over to the bank, you can't do that because that just completely eliminates access. Kingsford: Which again I think ought to be spelled out on the recorded plat. Smith: These lot areas were calculated without that easement included so the 8,000 is exclusive of the easement for the ditch. And that is as our ordinance requires. Kingsford: Thank you Gary I appreciate it. Are you prepared to deal with. Morrow. I have a question that comes to mind is there some sort of, if we are going to do it that way is there some sort of mechanism within the CC&R's that alludes to the no fencing along through there and maintenance by the homeowner even though it is an easement that belongs to Nampa Meridian, and have we spelled out in the CC&R's exactly how that area is to be treated? Which is generally the norm (End of Tape) In areas where I have worked with these things that are being handled they are very site specific in the CC&R's as to what can and can't be done in that area. And so it looks to me like (inaudible) as a natural area then we ought to spell out not only it is an easement it is up to the homeowner or the homeowners association to maintain it if it is going to be a common area. If it is going to be identified by each lot then it is up to each lot to maintain it and the specifics are that what they can and can't do with that area. Kingsford: I think that would certainly be my recommendation that maybe you go back and amend your CC&R's that they spec~cally say that you can't build fences in that easement that any landscaping may be removed by Nampa Meridian and replaced at the homeowners expense. All sorts of things to protect the easement. Henry: There are some stipulations in the CC&R's but I am going to have to review just to see how specific they are. Kingsford: I would like to see those beefed up to make sure that these concerns are met. Henry: 1 don't see any problem with that. My objective initially was to make the homeowner responsible for that whole thing and make them at least keep it up so it is nice looking and it is an upgraded area. I just hate to see it go to a natural state because then from lot to lot you are going to have a variation and you don't know what is going to happen. Some dried grass in there, I would rather see it the responsibility of that • • Meridian City Council August 2, 1994 Page 47 homeowner to keep it up. Kingsford: Well, ideally a lot (inaudible) they ought to maintain the ditch on their own but that isn't going to happen. Is there a motion? Morrow: Can you review where we are at here now? Kingsford: I think we are more or less comfortable (inaudible) in the final plat exclusive of the easement I would suggest to the Council if it is their will to approve the final plat that they stipulate that the CC&R's be amended and reflect those concerns and you might even write those specifically. Morrow. Mr. Mayor, I would move that we approve the final plat for Fawcett's Meadows Subdivision No. 1 subject to compliance with all of staff conditions, also that the Covenants and Restrictions reflect the special usage of the easement for Ten Mile Drain, reflecting the uses the fencing requirements and the types of landscaping that can be done and the notification that it is an easement subject to use by Nampa Meridian at their will. And that the homeowner is responsible for any types of repairs or things that Nampa Meridian may destroy in their maintenance of the ditch. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the final plat of Fawcett's Meadows No. 1 subject to staff approval, and that the CC&R's reflect the easement protection on Ten Mile Drain, spells out uses and fencing, landscaping, note of the easement is a protection of the Nampa Meridian Irrigation District, the homeowners have to repair at their own expense any damage done by Nampa Meridian in maintain that ditch, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Mayor on that development agreement will that be included in that? Kingsford: I think that is where we started out with this, that ought to be in there Shari something along those lines as well as the CC&R's. ITEM#21: G.L. VOIGT DEVELOPMENT AND PARK POINTE REALTY: REQUEST FOR A TEMPORARY SALES TRAILER: Kingsford: Anyone here still from that group? Mr. Merkle, they better not want it for more than 6 months or they are in deep trouble. • • DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR FAWGETT'S MEADOWS SUBDIVISION NO. 1 THIS DECLARATION is made on the date hereinafter set forth by the undersigned, MERIDIAN MEADOWS DEVELOPMENT, INC., and hereinafter referred to as "Declarant". WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter ref~:rred to as "Property" more particularly described as follows: Fawcett's Meadows Subdivision No. 1, a subdivision comprised of three parcels: PARCEL 1 A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE SOUTH Od 55' WEST 1519.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH Od 55' WEST 194.50 FEET; THENCE SOUTH 89d 59'15" EAST 1120.78 FEET; THENCE NORTH Od 46'50" EAST 194.49 FEET; THENCE NORTH 89d 59'15" WEST 1120.26 FEET TO THE POINT OF BEGINNING EXCEPT THAT PORTION OF LAND CONVEYED TO THE STATE OF IDAHO BY AND THROUGH THE :~:DAHU TRANSPORTATION BOARD FOR THE DIVISION OF HIGHWAY:' AS DISCLOSED IN WARRANTY DEED RECORDED OCTOBER 27, 1987 AS INSTRUMENT NO. 8758722. PARCEL 2 A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19; HENCE SOUTH Od 55' WEST 1714.42 FEET TO THE POINT OF BEGINNING; THENCE SOUTH Od 55' WEST 194.50 FEET; THENCE SOUTH 89d 59'15" EAST 1121.30 FEET; THENCE NORTH Od 46'50" EAST 194.49 FEET; THENCE NORTH 89d ~-9'15" WEST 1120.78 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF LAND CONVEYED TO THE STATE OF IDAHO BY AND THROUGH THE Ii~AHO TRANSPORTATION BOARD FOR THE bIVISION OF HIGHWAYS AS DISCLOSED IN WARRANTY DEED RECORDED OCTOBER 27, 1987 AS INSTRUMENT NO. 8758722. 1 PARCEL 3 A PARCEL OF LAND IN THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED A5 FOLLOWS' COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19: THENCE SOUTH 00 DEGREES 55'00" WEST, 1908.92 TO THE POINT OF BEGINNING: THENCE SOUTH 00 DEGREES 55'00" WEST, 194.50 FEET: THENCE SOUTH 89 DEGREES 59'15" EAST, 1121.82 FEET: THENCE NORTH 00 DEGREES 4'50" EAST, 194.49 FEET: THENCE~NORTH 89 DEGREES 59'15" WEST, 1121.30 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT POSITION CONVEYED TO THE STATE OF ~DAHO BY DOCUMENT RECORDED FEBRUARY 23, 1989 ~'~.S INSTRUMENT NO. 8908047, RECORDS OF ADA CO., IDAHO. NOW, THEREFORE, Declarar-t hereby declares that all of the said property is and shall be held and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth; all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of said property. Said easements, covenants, restrictions, conditions and reservations shall constitute covenants to run with the land and shall be binding upon all persons claiming under them, and also that these conditions, covenants, restrictions, easements and reservations shall inure to the benefit of and be limitations upon all future owners of said property or any interest therein. ~~RTICLE I Whenever used in this Declaration, the following terms shall have the following meanings: 1.1 "Association" shall mean and refer to Fawcett's Meadows homeowners Association, Ina., an Idaho non-profit corporation, its successors and assigns. 1.2 "Building Lot" shall mean and refer to a lot, or to any parcel of said property under one ownership which consists of a portion of one of such lots, or contiguous portions of two or more contiguous lots if a building is constructed thereon. 1.3 "Committee" sh~;nll inean the Architectural Control Committee described herein. 2 i ~ 1.4 "Common Area" shall mean all real property, including improvements thereto, owned by the Declarant for the common use and enjoyment of the owners, and, where indicated herein, for the benefit of the public. The Common Area to be owned by the Declarant at the time of the conveyance of the first lot is described as follows: to be determined at a later date 1.5 "Declarant" shall mean and refer to R & R Development Company, LTD., their successors and assigns. 1.6 "Declaration" shall mean and refer to the_Declaration of Covenants, Conditions and Restrictions applicable to the property as recorded in the office of the Ada County Recorder. 1.7 "Mortgage" shall mean and refer to any mortgage or deed of trust and "Mortgagee" shall refer to the mortgagee, or beneficiary under a deed of trust, and "Mortgagor" shall refer to the mortgagor, or grantor of a deed of trust. 1.8 "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration. 1.9 "Owner" shall mean and refer to the record owner, whether one or more persons or entities of a fee symple title to any lot which is a part of the properties, including contract sellers, but excluding those having such merely as security for the performance of an obligation. 1.10 "Plat" "shall mean the recorded plat of Fawcett's Meadow Subdivision No. 1. 1.11 "Properties" or "Property" shall mean and refer to that certain real property hereinbefore described. 1.12 "Setback" shall mean the minimum distance between the dwelling unit or other structure referred to and a given street or road or lot line. ARTICLE II Property Use Restrictions The following restrictions shall be applicable to the Property and shall be for the benefit of and limit~:tions upon all present and future owners of said Property or of arsy interest therein: 2.1 Land Use and Building Tyke. No lot shall be used except for single family residential purposes, and no lot or the Common Area shall be used for the conduct of any trade or business or professional activity. All lots and improvements constructed thereon must comply with all applicable governmental rules, 3 r ordinances, laws, statutes or regulations.. Residents living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bonds, shall be a "single family" for the purpose of defining a single family residence. 2.2 Signs• No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet advertising the property for sale or rent or signs used by a builder, or lending institution or the Declarant to advertise the property during the construction and sales period. 2.3 Animals. No ar~a.mals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that two dogs, two cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commerciaal. purpose and provided that the keeper of such pets complies with all city and county laws, rules and regulations. No dog, cat oa° other house- hold pet may be kept which unreasonably bothers or constitutes a nuisance to other owners of other lots. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of the property line of any lot, or within five (5) feet of a setback line, where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no event shall such structures be visible from a street. 2.4 Street Li ting. Post light on each lot ~`~.o be installed by owner. 2.5 Tem o~rary StructurF~ No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time gas a residence, either temporarily or permanently. No trailer, camper, mobile home, camper-truck or other similar vehicle shall at any time be used as a residence, either temporarily or permanently on any part of said property. 2.6 Vehicles. Non-working or commercial vehicles of one ton or greater shall not regularly or as a matter of practice be parked on any lot or street adjacent to the Properties unless properly garaged. 2.7 Motp~ Homes and Recreational Vehicles. Parking of boats, snow mobiles (on or off trailers), trailers, motor homes, motorcycles, trucks, truck-campers, any recreation~cl vehicle 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, and no pcrtion of the same may project beyond the enclosed area except under such circumstances, if any, as may be prescribed by written permit approved by the Architectural Control Committee. All other parking of equipment shall be 4 • prohibited except as approved in writing by the Architectural Control Committee. 2.8 Du~lpina. No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any other waste. No garbage, trash or other waste shall be kept or maintained on any part of said Property except in a sanitary container. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 2.9 Noxious or Offensive Uses. No noxious or offensive or unsightly conditions shall be permitted on any part of said Property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 2.10 Parkincr Rights. Any automobile or other vehicle used by any owner shall be parked in the driveway or garage which is a part of the dwelling unit. There shall be no overnight parking of any vehicle on subdivision streets. 2.11 Electronic and Other Equipment. No television antenna, radio antenna, satellite dishes, microwave receivers, wind generators, solar collecting devices, or related types of equipment shall be installed on any lot or the exterior of any residence or structure located upon any lot without the prior written approval of the Architectural Control Committee, which approval may be withheld in said Committee's sole and absolute discretion. 2.12 Unsafe or Hazardous Activities. No activity shall be conducted on or in any improvement located upon any lot which is or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon-saia. property; no open fire shall be lighted or permitted on t~roperty except in a self-contained barbecue unit while atterded and in use for cooking purposes or within a safe, well-designated interior fireplace. 2.13 Light, Sound and Odor. No light shall be emitted from any lot which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any lot which is unreasonably loud or annoying. No odor shall be emitted on any property which is noxious or offensive to others. 2.14 Maintenance of Landscaping. Each owner shall maintain the landscaping on the owner's respective lot, including trees and other landscaping, in a neat, clean and attractive condition. In the event that an owner should fail to do so, th.e Declarant shall have the right to en~cer upon such owner's lot. and perform such maintenance, repair, or replacement as may be required at the sole cost and expense of the owner. 5 i • 2.15 Masketba>> Backboards and Rims. No basketball backboards or basketball rims, with. or without nets attached, shall be affixed or installed on the exterior of any residence or structure located upon any lot and the same shall only be installed or affixed upon a euitable metal pole as approved by the Architectural Control Committee. ARTICLE III wilding Restrictions 3.1 Building Restrictions- No building shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached single-family dwelling, containing a minimum of 1,600 square feet of interior living space (in the case of a two- story or split-level dwelling 1000 square feet of living space for the first floor of such two-story or split-level dwelling), and a private garage for not less than two (2) nor more than four (4) vehicles. Each dwelling unit may not be occupied by more than one (1) family. 3.2 Set-backs. No improvement may be constructed or maintained on a lot closer than twenty (20) feet from the front property line, fifteen (15) feet from the rear property line, ten (10) feet from the interior side property lines, or twenty (20) feet from an exterior side property line. 3.3 Height Restr~ct~ons No buildings shall be erected, altered, placed or permitted to remain on any lot which exceed thirty (30) feet in overall height, as measured from the highest point on the top of the foundation. 3.4 Detached Structures- No structure or above-ground improvements shall be permitted on any lot which are detached or separated from the principal structure unless located within a reasonably compact area adjacent to the principal structure and unless designed as a single visual element connected or related visually with the principal structure by fencing or other architectural features and in accordance with other requirements of the Covenants. 3.5 Moving of Buildings., No building or other structure shall be moved onto said real property from any location outside said property except a newly constructed, prefabricated structure of a type and design approved in writing in advance by the Architectural Control Committee. 3.6 Size of Lot. All residential building sites subject to these Covenants shall remain of the size and dimensions shown upon the recorded plat referenced herein, save and except where a change may be made in accordance with the provisions of these 6 r ~ Covenants and the law thereunto appertaining. 3.7 Rt,;~rl;ng Materials. All buildings shall be of frame, stone, brick, or stucco construction and, if other than brick or stone, shall be finished and painted and kept in good repair. The front portion of all buildings facing a street or roadway shall be faced with stone, brick or stucco, the amount and placement of the same to be as approved in the discretion of the Architectural Control Committee. All buildings and improvements shall maintain the quality o.f workmanship and mate,.•ials and be in harmony of external design ::*ith existing structure:;.and shall be located in harmony with the i:opography and finish ~;1rade elevation of adjacent structures. 111 roofs shall be constructed of wood shakes, or simulated sha~:es n-ade of other materials approved by the Architectural Control Committee, unless otherwise approved in writing by the Architectural Control Committee. A~.1 roofs shall have a minimum pitch of 5/12 with the exception of patio coverings on the rear of the home, and at least two (2) exterior lights for the garage door and one (1) exterior light for the front entryway(s). 3.8 Landscagina. Within thirty (30) days after the completion of a dwelling unit, the lot upon which said dwelling unit is located shall have in the front yard a rolled (sod) lawn two (2) deciduous or conifer trees at least two (2) inches in diameter as approved by the Architectural Control Committee. Within ninety (90) days after completion, there shF~.ll be installed in the front yard can underground irrigat;.on sprinkling system adequate to irrigate the front lawn. 3.9 sewer Restrict~~ons All bathroom, sink tend toilet facilities shall be located inside the dwelling horse or other suitable appurtenant building, and shall be connec~;:.Pd by underground pipe to wetline sewer connection lines which have been provided to each lot. All recorded lots withi~i this subdivision shall be subject to and restricted by the following covenants. 1. A monthly sewer charge must be paid after connecting to the public sewer system, according to the ordinances and laws. 2. The owner shall submit to inspection by e~.ther the Department of Public 'NoNks or the Department of Building whenever a subdivided lot is to be connected .:o the sewage system constructed and installed on and within the owner's property. 3. The applicant/owner of this subdivision or. lot or lots therein shall and hereby does vest in the Cit,~ of Meridian the right and power to bring all actions against the owner of the premises hereby conveyed or any part thereof for the 7 • collection of any charges herein required and to enforce the conditions herein stated. 3.10 Water SuADly. Only the Declarant, or a corporation association, company or governmental entity approved by the Declarant, may act in the capacity of a water company to furnish domestic water use on any building site. The owner may not, at any time, drill or excavate a well, and shall only use water from the central water system installed by the Declarant, or the corporation, association, or company approved by the Declarant may install, unless Declarant, in its discretion, waives this requirement. Owner understands and agrees that the Declarant, or corporation, association, or government entity established to furnish domestic water, will establish rates, by-laws, rules and regulations regarding delivery of water and the maintenance of the water system, and the other agrees to be bound by the same. ~2TICLE IV 4.1 approval of Fences Required No fences, hedges or boundary walls situated upon a building site shall be constructed except upon approval of the Architectural Control Committee as provided in these covenants. 4.2 No Chain-Link Fences. Chain-link fences are hereby prohibited on any residential parcel except as required by the Declarant or a public agency to secure utility sites, irrigation or drainage facilities or other public uses as deemed necessary. 4.3 Subdivision Pe~imet•.er Fences. Declarant may construct a perimeter fence on one or more sides of the subdivision and that portion of such fence on the perimeter of the lot where the same is situated shall be maintained by the subsegL~ent owners thereof in a state of good condition and repair. The perimeter fence will not be owned by the Declarant, nor shall said fence be subject to maintenance by the Declarant. 4.4 Design. Subject to dimensions, and location criteria which follow, all fences which are placed on any residential parcel shall be of cedar, redwood, wrought iron, brick, stone or such other construction or materials as may be authorized at the discretion of the Architectural Control Committee. Hedges or other solid screen planting may be used as lot line barriers subject to the same height .restrictions as fences. ', 4.5 Height and Location. No fence or hedge situated anywhere upon any building site shall have a height. greater than six (6) feet or such other heights as the Architectural Control Committee may specify, above the finished grade surface of the 8 • ground upon which such fence or hedge shall be permitted in front of building set-back requirements of the front of the dwelling structure, whichever is greater, nor within fifteen (15) feet of the water's edge of the water amenity, without the prior special written consent of the Architectural Control Committee. 4.6 Site Obstruction. No fence, hedge or shrub planting which obstructs site lines and elevations between three (3) and eight (8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same site-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement.. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such site lines. 4.7 Spite Fences. The construction and maintenance of a spite fence or spite trees shall be prohibited upon any building site. The determination by the Declarant that any wall, fence, hedge or tree falls within the latter category shall be conclusive upon all parties. ARTICLE V 5.1 Electrical and Telephone Service. All lets shall be served by underground electrical and telephone lines. The services shall be instal:~ed in street or easement rights-of-way as platted. Each owner agrees to pay for costs ana hook-up charges as established by the applicable electrical and telephone utility companies as a condition precedent to connecting thereto. The Declarant shall not be liable for the cost thereof, but may recover funds advanced, if any, to obtain preliminary installation. 5.2 Platted Easements. The Declarant reserves such easements as shown and noted on the plat for said subdivision for the purpose of constructing water mains, electric distribution lines, sewer lines, gas pipelines, and such other public utilities as may be necessary, convenient and desireable for the owners of lots within the subdivision. 5.3 Maintenance of. Easement Areas. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those 9 improvements for which a public authority or utility company is responsible. Within said easements, no structure, planting, or other material shall be placed or permitted to remtiin which may damage or interfere with the installation and maintenance of utilities or which may change the direction or flow of water through drainage channels in the easements. Declarant Repurchase O t~fon The conveyance hereby made is further made subject to the condition and agreement by which the owner agrees that, within a period of one year following the date of delivery of any deed by Declarant conveying any plot, tract or lot, the construction of a dwelling house in compliance with the restrictions herein will be commenced upon the described real property. The term "construction will be commenced", as used herein, shall require actual physical construction activities upon such dwelling house or structure upon said real property. In the event that the owner shall fail or refuse to commence constructioni of such dwelling house or structure within said one year period, the Declarant shall have the discretionary option, but not the duty, to repurchase the above described real property from the owner or the then owner or owners thereof at a repurchase price equal to the purchase price paid to the Declarant, less an amount equal to ten percent (10$) thereof. In the event that the Declarant shall exercise its discretionary option to repurchase said real property, the owner or then owners of said real property shall, upon tender of payment of said repurchase price, make, execute and deliver to the Declarant a good and sufficient deed reconveying to the Declarant the above described real property. This provision shall be binding upon all persons who may, at any time hereafter, own or claim any right, title or interest in and to said real property, whether acquired by voluntary act or through operation of law. The construction of the dwelling house and structures shall be prosecuted diligently, continuously and without delays from time of commencement thereof until such dwelling house and structure are fully completed and painted. All structures shall be completed as to external appearance, including finished painting, installing yard turf and landscaping, within 12 months from the date of commencement of construction, unless prevented by causes beyond the control of the owner and only for such time that such cause continues. 10 ~ ~ Arc itectural Control 8.1 Architectural Control. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Committee as to the quality of workmanship and materials, harmony of external design with existing structures, and as t:o locations with respect to topography and finish gr::de elevation. No fence or. wall shall be erected, placed or altered on any lot unless similarly approved. No dwelling, fence, building, garage or other struc.:ture shall be built, erected or placed, materially altered or ma~:erially repaired which shall alter the surface colors or texture of any unit or portion thereof unless and until plans, specifications and color scheme have been reviewed in advance by the Architectural Control Committee and the same has been approved in writing conditionally or otherwise. The requirements as to design and color shall apply only to the exterior appearance of said improvements, it not being the intent of these restrictions to control interior repair or alteration, with the exception of alteration. of a garage or carport into a living area. 8.2 A88roval of Construction. Plans of all structures to be erected on any lot must be submitted to and approved by the Architectural Control Committee before any construction or alteration is commenced, and such construction or ~.lteration shall not be commenced until approval therefore is given by the Committee. 8.3 Architectural Control Committee Discretic,n. As to all improvements, construction and alteration upon any lot, the Architectural Control Committee shall have the right to refuse to approve any design, plan or color for such improvements, construction or alterations which, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. Tn so passing on such design, plan or color, the committee shall have the privilege in the exercise of its discretion to take into consideration the suitability of the proposed building or of the structure, the materials of which it is to be built:, and the exterior color scheme in relation to the site upon which it is proposed to be erected. The Architectural Control Committee may also consider whether the proposed structure and design shall be in harmony with the surroundings, the effect of the building or of the structure or alterations therein as planned when varied from adjacent or neighboring property and any and tall other facts which, in the Committee's opinion, shall effect the desirability of such proposed structure, improvement or `alteration. Actual construction shall comply substantially with the plans and specifications as approved. In the event that the Architectural 11 i,~_.. • • Control Committee does not act on any such proposal within thirty (30) days after complete plans and specifications have been submitted to it, said proposal shall be deemed approved. 8.4 Members of Committee. The Architectural Control Committee shall be initially comprised of Ronald L. Henry and Richard S. Brown. All requests for approval of matters upon which the Architectural Control Committee has authority to act shall be submitted in writing to Ron Henry 214 S. Cole Rd., Boise, ID. 83709. Each of said persons shall continue to serve on the Architectural Control Committee until such time as he has resigned or his successor has been appointed, as provided herein. The Committee shall consist of not less than two (2), nor more than five (5) members. 8.5 Right of Appointment and Removal. As long as the Declarant shall be the owner of at least (6) lots in the subdivision, the Declarant shall have the right to appoint and remove all members of the Architectural Control Cammittee. Thereafter, a majority vote of the members of the Committee shall have the right to appoint and remove a member of t:~e Committee. 8.6 Annexation and Development of New Phases. Should the Declarant annex additional real property by way of a Notice of Annexation or Supplemental Declaration, as provided in Article XII herein, such annexed property, or additional phases, shall be considered as separate subdivisions for purposes of this Article VIII, and the Declarant shall specifically retain the right of appointment and removal of members of the Architectural Control Committee for each separate phase as long as the Declarant shall be the owner of at least six (6) lots in each respective phase. 8.7 Compensation of Committee Members. The members of the Architectural Control Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder, which reimbursement shall be made by the Declarant. 8.8 Non-Liability of Committee Members. Neither the Architectural Control Committee, nor any member thereof, nor its duly authorized committee representative, shall be liable to the Declarant, or to any owner or grantee for any loss, damage or injury arising out of or in anyway connected with the performance of the Committees duties hereunder, unless due to the willful misconduct or bad faith of the Committee or member thereof. 12 • ARTICLE IX Fawcett's Meadow Homeowners Association 9.1 organization of Association. The Fawcett's Meadow Homeowners Association ("Association") shall be organization by Declarant as an Idaho Corporation, under the provisions of the Idaho Code relating to non-profit corporations and shall be charged with the duties and invested with the posers prescribed by law and set forth in the Articles of Incorporation, By-Laws and this Declaration. Neither the Articles nor the By_Laws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 9.2 Membership. Each owner, including Grantees and Declarant, of a lot by virtue of being such an owner, and for so long as such ownership is maintained, shall be a member of the Association, and no owner shall have more than one membership in the Association, except as hereinafter set forth with respect to voting. Memberships in the Association shall not Le assignable, except to the successor in interest of the owner, and all memberships in the Association shall be appurtenant to the lot owned by such owner, The memberships in the Association shall not be transferred, pledged or alienated in any way except upon the transfer of title to said lot and then only to the transferee of title to said lot. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. The Common Are lot shall not have membership nor voting rights. 9.3 Votina• The Association wi voting memberships. 9.3.1. Class A Membership. the owners, with the exception of the entitled to one (1) vote for each lot person holds an interest in any lot , members. The vote for such lot shall determine, but in no event shall more respect to any on lot. 11 have two (2) classes of Class A members shall be Declarant, and shall be owned. When more than one all such persons shall be be exercised as they than one vote: be cast with 9.3.2 Class B Memberships The Class B member shall be the Declarant.. Upon the first sale of a lot to an owner, the Declarant shall thereupon be entitled to six (6) votes for each lot of which Declarant is the owner. The Class B Membership shall cease and be converted to Class A Membership on the happening of either of the following events, whichever occurs earlier: (a) When seventy-five percent (75~) of the lots in the subdivision are deeded to homeowners: or 13 ~ ~ (b) On January 1, 1996. 9.4 Bogrd of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the directors may elect or appoint in accordance with the Articles and By-Laws, as the same may be amended from time to time.- The initial Board of Directors of the Association shall be appointed by the incorporators or their successors and shall hold office until the first annual meeting at which time a new Board of Directors shall be elected in accordance with the provisions et forth in the By-Laws. 9.5 Powers of the Association. The Association shall have all of the powers of a non-profit corporation organized under the general non-profit corporation laws of the State of Idaho, subject only to such limitations upon the exercise of such posers as are expressly set forth in the Articles, the By-Laws and this Declaration. It shall have the power to do any and all lawful things which may be authorized ,.required or permitted to be done by the Association under tYiis Declaration, the Articles and By- Lows, and to do and perform any and all acts which may be necessary or proper for, or incidental to, the proper management and operation of the Common Area and the performance of the other responsibilities herein assigned, including, without limitation: (a) Assessments. 2'he power to levy assessments (annual, special and limited) on the owners of lots and to enforce payment of such assessments, all in accordance with the previsions of this Declaration. (b) Right of Enforcement. The power and authority from time to time in its own name, on its own behalf or in behalf of any owner or owners who consent thereto, to commence and maintain actions and suits, to restrain and enjoin any breach or threatened breach of this Declaration or the ARticles or the By- Laws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions hereof. (c) Delegation of Powers. The authority to delegate its poser and duties to committees, officers, employees or to any person, firm or corporation to act as manager. Neither the Association nor the members of its board shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. (d) Association Rules. The power to adopt, .mend and repeal by majority vote of the Board, such rules and regulations as the Association deems reasonable. The Association rules shall govern the use of the Common Area by the owners, families of an owner, or by an invitee, licensee, lessee or contract purchaser of an owner: among owners and shall not be inconsistent with the 14 ~ i Declaration, the Articles or By-Laws. A copy of the Association rules as they may from time to time be adopted, amended or repealed shall mailed or otherwise delivered to each owner and a copy shall be posted in a conspicuous place within the Common Area. Upon such mailing or delivery and posting, said Association rules shall have the same force and effect as if they were set forth in and were a part of this Declaration. In the event of any conflict between any such Association rules and any other provisions of this Declaration, or the Articles or By-Laws, the provisions of the Association rules shall be superseded by the provisions of this Declaration, or the Articles or By-Laws, the provisions of the Association rules shall be superseded by this provisions of this Declaration, the Articles nr the By-Laws to the extent of any such inconsistency. 9.6 Duties of the Association. In addition to power delegated to it by the Articles, without limiting she generality thereof, the Association or its agent, if any, shall have the obligation to conduct all business affairs of common interest to all owners, and to perform each of the following duties: (a) Operation and Maintenance of Common Area. Operate, maintain or otherwise manage or provide for the operation, maintenance and management of the Common Area including the repair and replacement of the property damaged or destroyed by casualty loss and all other property acquired by the Association. (b) Landscape Easements. To direct and control the management of the landscape easements established or otherwise acquired in favor of the Association including the repair and replacement of property damaged or destroyed by casualty or loss. (c) Taxes and Assessments. Pay all real and personal property taxes and assessments separately levied against the Common Area owned and managed by the Association o:~ against the Association and/or any property owned by the Association. Such taxes and assessments may be contested or compromised by the Association: provided, however, that they are paid or a bond insuring payment is posted prior to the sale or disposition of any property to satisfy the payment of such taxes. (d) Water and Other Utilities. Acquire, provide and/or pay for water, electrical and other necessary services for the Common Area and other property owned or managed by it. (e) Insurance. Obtain and maintain in effect policies of insurance on any improvements, equipment and fixtures owned and managed by the Association and comprehensive public liability insurance insuring the Board, the Association, the Declarant and the individual owners and agents and employees of each against hny liability incident to the ownership and/or use of the Common Area or other property owned and managed by the Association. The 15 • insurance premiums shall be deemed a common expense to be included in the annual assessments levied by the Association. (f) Arch~tectuai Committee. Appoint and remove members of the Architectural Control Committee, subject to the provisions of this Declaration. 9.7 Personas Liability. No member of the Board, nor any committee of the Association, nor any officer of the Association, nor the Declarant, nor the manager, if any shall be personally liable to any owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of the Association, the Board, the Manager, if any, or any other representative or employee of the Association, the Declarant or the Committee, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. Covenant for Maintenance Assessments 10.1 C`rpai-inn of f-hA r.; pn and Personal Obligation of Assessments. The Declarant, for each lot owned within the properties, hereby covenants and each owner of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, ~is deemed to covenant and agree to pay to the Association: (a) Annual regular assessments or charges, and (b) Special assessments for capital improvements, and (c) Limited assessments as hereinafter provided. The annual, special and limited assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs the person who was the owner of such property at the time when the assessment fell due. THe personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. 10.2 impose of Assessments. (a) Regular Assessments. The regular assessments levied by the Association shall be used exclusively to promote the recreation, health , safety and welfare of the residents in the properties and for the improvement and maintenance of the Common Area and the performance of the Association's duties with respect to the landscape easements. Regular assessments shall 16 • include, but not limited to maintenance of the common area owned by the Association. (b) Special Assessments for Capital Improvements. In addition to the annual regular assessments authorized above, the Association may levy, a special assessment for the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, provided that any such assessment shall have the assent of two-thirds of the votes of all members. (c) Limited Assessments= THe limited assessments may be levied against any owner in an amount equal to the cost and expenses incurred by the Association, including legal fees, for corrective action necessitated by such owner, including without limitation, costs and expenses incurred for the and replacement of the Common Area or other property owned or maintained by the Association, damage by negligent or willful acts of an owner or occupant of a lot who is occupying the lot with the consent of such owner, or for maintenance of landscaping performed by the Association which has not been performed by the owner as provided herein. 10.3 Maximum Annual Assessment Until January of the year in which the first regular assessment commences pursuant to Section 10.6 herein, the maximum regular assessment shall be $90.00 per lot, or $7.50 per month. (a) From and after January 1 of the year immediately following the first regular assessment the maximum annual assessment may be increased each year not more than five percent (5~) above the maximum assessment for the previous year without a vote of the membership of the Association as provided below. (b) From and after January 1 of the year immediately following the first regular assessment, the maximum annual assessment may be increased above five percent (5$) by a vote of two-thirds (2/3rds) of the owners who are voting in person or by proxy, at a meeting duly called for this purpose, where at least sixty percent (60~) of the lot owners or their proxies are voted. If sixty percent (60~) don not attend, a second meeting may be called with the same notice requirements and the quorum shall be reduced to thirty percent (30~) for the second meeting. (c) THe Board of Directors may fix the annual assessment at an amount not in excess of the maximum. 10.4 Uniform Rate of Assessment Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly or quarterly basis: provided, however, that during the time there is a Class B member, such Class B member's obligation shall be limited to payment of all expenses 17 • of the Association from the inception of the subdivision until regular assessments commence as set forth in Paragraph 10.5 herein. The Class B members shall have no further obligation for assessments until a lot is conveyed to an owner other than the Declarant, at which time assessments shall commence for the lot conveyed. 10.5 Date of Commencement of Annual Assessments - Due Dates. The annual regular assessments provided for herein shall commence as to all lots on the first day of the third (3rd) month following the closing of the subject lot. The assessment will be prorated for the remainder of the year of the closing. The first annual assessment will be effective on January 1 of the next calendar year after closing. Written notice of the annual assessment shall be sent to every owner subject thereto. The date shall be established by the Board of Directors. .10.6 Non-Payment of Assessment - Remedies of the Association. Any assessment not Paid with thirty (30) days after the due date shall bear interest from the due date at the rate of then percent (10$) per annum. The Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape the liability for the assessments provided for herein by non-use of the Common Area or Abandonment of the owner's lot. 10.7 Subordination of the lien to Mortgaaes• The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sales or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payment which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. 11.1 governmental Regulations. Approval by the City of Meridian or any other governmental entity vested with the responsibility of reviewing planning and zoning having jurisdiction over this subdivision, of any application made by any Owner which is in conflict with any covenants, conditions or restrictions of this Declaration shall in no way affect or invalidate this Declaration, but this Declaration shall remain in full force and effect, and subject to enforcement and remedies for violation hereof. In the event that a conflict between any 18 requirements of the City of Meridian or any other governmental entity having jurisdiction over this subdivision, the more restrictive or limiting requirement shall be followed. 11.2 Enforcement Any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter . 11.3 Severability= Invalidation of any one of these covenants or restrictions by judgement or court order shall not affect any other provisions which shall remain in full force and effect. 11.4 ~~erm and Amen ment• The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless an instrument signed by seventy-five percent (75$) of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part. Amendments affecting annexed land may be restricted or otherwise governed by the terms of any Notice of Annexation or Supplemental Declaration annexing said land. 11.5 No Right of Reversion. Nothing herein contained in this Declaration, or in any form of deed which may be used by Declarant, or its successors and assigns, in selling said property or any part thereof, shall be deemed to vest or reserve in Declarant any right of reversion or re-entry fo.r breach or violation of any one or more of the provisions hereof. 11.6 Benefit of Prov~s~ons - Waiver. The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by Declarant and the owner and owners of any portion of said property, and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by any of the property owners or their legal representatives, heirs, successors or assigns, to enforce any of such conditions, restrictions or charges herein contained shall in no event be deemed a waiver of the right to do so. 11.7 A~C~gnment by Declarant Any or all rights, power and reservations of Declarant herein contained may be assigned to any other corporation or association which is now organized or which may hereafter be organized, and which will assume the duties of the Declarant hereunder pertaining to the particular rights, power and reservations assigned; and upon any such corporation or association evidencing its intent in writing to accept such 19 assignment, have same obligations Declarant herein. created shall be long as Declarant property. the same rights and powers and duties as are given t All rights of Declarant held and exercised by the owns any interest in any a and be subject to the o and assumed by hereunder reserved or Declarant alone, so portion of said 11.8 Amendment. This Declaration of Restrictive and Protective Covenants may be amended by written instrument duly notarized and recorded containing the signatures of not less than two-thirds (2/3rds) of the lot owners within the subdivision. IN WITNESS WHEREOF, herein, has hereunto set 1994. STATE OF IDAHO County of Ada The undersigned being the Declarant its hand and seal this ,~Q,~_ day of Richard Brown, Chairman of the Board MERIDIAN MEADOWS DEVE7,OPMFNT. INC. kbnald L. Henry, Presi e MERIDIAN MEADOWS DEVE OPM , INC. SS On this ~ day of ~~-~=-~, 1994, before me, the undersigned, a Notary Publi~~~~h and for said county and state, personally appeared Richard Brown and Ronald L. Henry, known to me to be persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ye 's certificate first above written . , ft1 Notary Pu~i',~t f or aho Residing at ~I~~E~i~ _, Idaho My Commission Expires: ~1~,~9 20 MERIDIAN CITY COUNCIL MEETING: Auaust_2,1994 APPLICANT: RONALD HENRY AGENDA ITEM NUMBER: 20 REQUEST: FINAL PLAT: FAWCETT'S MEADOWS NO. 1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: COMMENTS FORTHCOMINING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: 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. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer Re; FAWCETT'S MEADOW SUBDIVISION Ich (Final Plat) July 27, 1994 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Please submit Ada County Street Name Committee letter approving the street names. Make any revisions necessary to conform. 2. Add the recorded Plat Book and Page information under the "Running Brook Estates" label, and change the label along the south boundary to "Unplatted" . 3. Add the "Information of Record" text and symbol to the Legend. 4. Revise the Plat Notes as follows: (9.) Lot 1 Block 1 is designated as a Common Area Lot, and is to be owned and maintained by the Fawcett's Meadow Community Association. The City of Meridian shall also hold a Blanket Sewer Easement on this Lot. (14.) The bottom of house footing elevation shall be a minimum of 12 inches above the highest established seasonal high ground water elevation. 5. Create a 20 foot wide Common Area Lot in place of the easement indicated between Lots 3, and 4. This Common Area Lot is to be owned by the Fawl;,ett's Meadow Community Association. An agreement needs to be reached between the developer and the Ada County Highway District regarding the maintenance of the Lot, and drainage facilities. 6. Indicate on the plat map how Lot 7 Block 1 is to get access to a public right-of--way. 7. Identify the three different Easement lines indicated along both sides of the Ten Mile Drain. 8. Add the "Lot Square Footage" and °Lot Square Footage Exclusive of Easements" text and symbols to the Legend. C:IWPWIN60\DUMPSTER\FA WCE1T1. C~ 9. Add the "Witness Corner" text and symbol to the Legend, and to the points indicated along the Ten Mile Drain. 10. Clarify where the Lot lines, and Right-of--Way lines are at the northwest corner of Lot 1 Block 5. 11. Revise the "Certificate of Owners" as follows: (Line 9) ... 60.01 feet to a point on the southerly ... (Line 10) ... Calderwood Street ,said point being a set ... (Line 12) ... Plastic Cap on the westerly boundary of Meridian Greens -Unit No 3, filed in Plat Book 63 at Page 6402; (Line 13) ... Unit No. 3, (Formerly ... (Line 22) ... Easements shown ... (Line 24) ... said Easements. All Lots within this Subdivision Plat will be eli ible to receive water service from the City of Meridian's Munici water system, and the City of Meridian has agreed in writing to serve all of the Lots in this Subdivision 12. The blueprint copies of the Subdivision Plat maps that were submitted to the City Engineer's Office for comments, are being returned to the Developer's Engineer/Surveyor with the above comments indicated on them, as well as some other minor drafting corrections. These redlined maps need to be returned to this office when the revisions have been made. C: \ WPWIN60\DUMPSTER\FA WCETTl . C-C ' ~ ~ • HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk GARY D M i RONALD R. TOLSMA CITY OF MERIDIAN ~ goBERT o'~oRR E . S TH, P.E. City Eng neer BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste watersupt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 Planner & Zoning Administrator BILL GORDON, Police Chief W.L. WAYNE G. CROOKSTON, JR., Attorney ' JIM JOHNSON Phone (208) 888433 • FAX (208) 887-4813 1~E~,~; ~ ~rj~~ Chairman • Planning 8 Zonin , g Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD J ~ ~ '~ y '~~~t, ' Mayor 1 C,iTY OF ~~RIDdAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26,1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Fawcett's Meadow Subdivision BY: Ronald Henrv LOCATION OF PROPERTY OR PROJECT: Meridian Road and Overland Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REC~ATION(PRELIM 8~ FINAL P~ CITY FILES /, J r, / I YOUR CONCISE HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY 0. 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 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-221 I COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW SHARI STILES R~~~~Q ,I~~Zoning Administrator `}~ j,, JIM JOHNSON Chairman -Planning 8 Zoning J U L 1 4 1994 GRANT P. KINGSFORD `M Mayor C,~~ V~J ~(f.ll'~i Gl li i~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hatl, Attn: Will Berg, City Clerk by: July 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Fawcett's_Meadow Subdivision BY: ___ Ronald Henrv LOCATION OF PROPERTY OR PROJECT: Meridian Road and Overland Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 -CHARLES ROUNTREE, P2 -TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C -WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: ~ ~.3 - ~f YOUR CONCISE REMARKS: A Good Place to Live CITY OF MERIDIAN t / ~ ~ ~/ ___~~ ro f C ~ e ~+ w o / T~ 4s !. a- r ~ ~ ~.~ r9 s , KECEIVED SUBDIVISION EVALUATION SHEET J U L 2 81994 CITY OF MEKIDIAN Proposed Development Name _FAUCETT'S MEADOWS City MERIDIAN Date Reviewed 7/21 /94 Preliminary Stage Final XXXXX Engineer/Developer Briaas Enar. /Meridian Meadows Partners The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. ~, FAUCETT'S MEADOWS SUBDIVISION X. o l~ ~ Date 7 Z/-rl The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall. appear on the plat as: __ "S. MERIDIAN ROAD" "E CALDERWOOD STREET" "E. OVERLAND ROAD" "W OVERLAND ROAD" The following new street names are approved and shall appear on the plat as• "S. FAWCETT WAY" "E. LOMARDI STREET" "E. SIEMSEN STREET" "S GRANVILLE 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 COMM Ada County Engineer Ada Planning Assoc. Meridian Fir District TIVES OR DESIGNEES • Date Z~ .`' Date ~ I ~ _~-Date ~ ~~ I John Priester Terri Raynor Representative NOTE: A copy of this evaluation sheet must be presented to the Atla County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS Z~ TR SUBS'SM CITY.FRM • ~ ~ ~ ~ ' ~ ~ $i~~~~~~~~~~~~~~~~~s~~~t~~~~~~~~~~ ~~ i ~ ~ ~ ~ ~ ~~ ~ ~ •• ~ e R i ° ~~lci33iiRs~~~ I I ! ~+~ ~~ ~ ~ ~ ~ ! ~ ~ ~ ~ ji3iiia'3la3ili.i.3iil333 ~ :i.33i333~~ ~ ~ ~i 4 ~. , ~ ~ ~ I ~ ~ ~ ~ ~ li.ii3ii3i3~9i3i3li93i3i3iSii~0iii3i3 ~ ~ „ ~ ~~ ~ f ~ ~ ~~j !• ~~ ; ~til~3i39333i33i:3~.3iiY349ii3i33 ~~ its ~ 3 ~ 1~ . ~ ~ s! ~ ~ ' 3 33 j "' .-«:: Y ~~ i~ !i 1 ~ ~"~ 1i "" ~ ! t ! ! ews sw n ~eo~ arr 4Nw ut+~~ tl ~ ^ ~ l ~i " „~ .c ~ i. ,a 3 a. o° ~ ~ " .c ~ . : • ~ q I s t ~ ~~~~~ ~ ~ ~ .s~ z~~;~~~3~~t~ti!. I b of o~ o~ ~ o! ~ ~~ W~si~3~~~~~~aa~3 ~~~ t ~~. ~ . . ° s 0 W I I I I,~ ~~ I of o~ I ~_ ~ 3~~ ~ ~~ ~ i ~ I I~ ~ r ~..~ 4 0 ~ i ~i of o~ 3 of o; ! of n ~ r, 9- J ; ~ S __ ~ ~__. ._. .-.A.Wtl__.-.__ tw ~~r ~.~ i ~'"' •••• ~ w .wo • • A1MOM Yn! - 'C11 Nw~O~ '! i ~.. w. • ....~.. ~ ~.... CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # REVIEW SHEET Environmental Health Division ~ECE~~~~ Return to: JU121 1994 CITY Vii- ~;~n,i~~N,w Conditional Use # Prelimin~Short Plat ~'T3 p~,/ .~!/.~~/d/J'/vr/ ^ Boise ^ Eagle ^ Garden city .~'1leridian ^ 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 ~~Z 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 .i~-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. / a ~~G~4/tlLd~l7~~-/~i/f'!`/~~itl~~7`rT ~S/1~~ /'~T /ly~t~/~ E Date: ~ / - ~R Reviewed By: CDHD 10/91 rcb, nrv. 11/93 jll • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. Clty Engineer ITY OF MERIDIAN RONALD R. TOLSMA ROBERT D.ICORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Potlce Chief MERIDIAN IDAHO 83642 Planner 8 Zoning Administrator WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887813 ~ JIM JOHNSON ~ ~i Public Works/Building Department (208) 887-2211 O ~r~yanning 8 Zoning h ~~ ((l~~l GRANT P. KINGSPORD M ~ ~ ~' l ~ ~Q~I. ' ayor T V NAMPA & h~ERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26. 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8L2/9a,.,,..*.~,r.D REQUEST: Final Plat for F'awicF±i't~s neo~.~.,.., c..tia:.,:~:,.., V V V 4 r 1JJT BY: Ronald Henrv A.~., ,y r. ;<~rsct u, N1V LOCATION OF PROPERTY OR PROJECT: Meridian Road and Overland Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: a enmi a rain crosses t e northeast corner of this project. a enmi a rain is a contract drain of Nampa & Meri ian Irrigation uistrict and the Bureau of Reclamation. Nampa & Meridian Irrigation District requires a License Agt ment if there is anv encroachment thin the drain's 100 foot right-o ee- feet rrom the center each wavy. We require curb cuts at all streets which cross drains or laterals. We require all surface drainage to be held to pre development amounts and this drainage must pass through a sand and grease trap sf voL have anv questions please feel free_to contact me. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District • HUBOFTRF.~4SURBVALLEY OPFICIAt.3 A Good Place t0 Live COUNCt~ MEMBHRS WI{,I,IAM 4. SEPKi. JA., CItY Clan O ~ • ID LAN C T'S OF i10NA~0 p, TOi.SMA MAX YEIIINNOTON f3/1RY O SM iT 11, P.E, CiIY E~ ~~ MER I "°°E'" ~~ ~o~~tE WAl7 W. MOf1NOw SfAIJCH O. STUAIIT, WN.r Wpicf SYOt. JONN T. SNANICAOfT, wun w.lur supe. 33 EAST IDAHO sNAtll STILHS itENNr w. aowtans. Flo coat MERIDIAN, IDAHO 83642 ~+~« a zomnq AtMnnistnta W.L "SILL" t30R00N, PotiCtt Ct+itit C lEI V JIM JONNSON WAYNt: a CROOKSTON, JA.. Attomw Phone (zotn aee.~s3s ~ FAX (~ E87'48 ~ 3 RE c,,, ,,,~,,, , ~,,,~ a ~„~ Publk Works/&uldin` Department (21>h 887.2211 GRANT P. KINGSFORD J U L 2 8 1994 Mayor CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITS THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and necommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Julv 26, 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 812/94 REQUEST: Final Plat for FawcetCs Meadow Subdivision BY: Ronald Henrv LOCATION OF PROPERTY OR PROJECT: Meridian Road and Overland Road JIM JOHNSON, PR MOE AUDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C!C 808 CORRIE. CJC WALT MORROW, CJC MAX YERRINGTON, CJC WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM dt RNAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM S RNAI. PLAT) U.S. WEST(PRELIM b RNAL PLAT) • INTERMOUNTAIN GAS(PRELIM b F1WAl. PLAT) BUREAU OF RECLAMATiON(PRlLp1A b RNALPLAT) CITY RLES OTHER: YOUR CONCISE REMARKS: OF+ 25/2002 10:54 FAX 208 333 8409 MATT HO'kARD I~j 002/028 MATT ,~. HOWARD ATTORNEY AT LAW P. 0. BOX 190012 BOISE, IDAHO 83719 TELEPHONE (208) 333-0622 FACSIMILE (208) 333.8409 Nei ~~.~ S ~~' y/~ 9/° z M June 25, 2002 EMAIL: MHOWARD~FIBERPIPE.NET CGmn^d'` oh~b~~ s~~~ VIA FACSIMILE (888-6854) Brad Hawkins-Clark Meridian City Planning & Zoning Department 33 East Idaho Meridian, ID 83642 Re: Ownership of 1.25-acre Parce! Lvca[ed on the East Side of Ten Mile Creek within Tax Parcel Nos. 5111923-3710 and SI11923-3tJ10 (formerly identif ed as Lot 8, Block 1 on the 199 preliminary plat for the Fawcett ll~leadows Subdivision) Dear Mr. Hawkins-Clark: This letter is a follow-up io our conversation eazlier this morning. I have been asked by Buz and Barbara Fawcett to look into the issue of ownership of the above-refer4riced 1.25-acre parcel. The Fawcetts have paid taxes on the parcel and have understood that they are the fee simple owners of the parcel. Recently, a real estate agent they are working with informed them that the City of Meridian may assert ownership of the 1.25-acre parcel based upon the 1994 proceedings involving applications for annexatioln and preliminary plat approval filed by a developer who at that time sought to develop the Faweetts' entire 9.95-acre pazcel of land, including the 1.25-acre parcel in question. I have conducted a thorough review of the Fawcett Meadows Subdivision files. Rased on that review, I recognize how there could have been some confusion concerning the ownership of the 1.25-acre parcel. The records show that early in the process the developer and City contemplated having the 1.25-acre parcel donated to the City for use as a "mini-park." That proposal was later rejected by the developer and the City as evidenced by the following documents: (1) Minutes of April 5, 1994, hearing before the Planning & ?~oning Commission, (2) Findings and Fact and Conclusions of Law issued by the Planning & Zoning Corrl<mission dated April 5, 1994, and (3) the Amended Annexation Ordinance for Fawcett Meadows. Monday and kindly confirm that your office concurs with these findings, so that I nnay put this matter to rest for my clients. OR/25/2002 10:55 FAX 208 333 8409 MATT HOWARD f~003/028 - ~ - ~UNF, 25, ~~~~ Also, would you please confirm with Ms. Stiles that the 9.95-acre Fawcett parcel is, in fact, included within the Meridian City limits and that there was never final plat approval for the Fawcett parcel. 1 appreciate your assistance in helping me address these issues. Very trulY_Xn>~s) , ..__ -' _,:-- • _ .. r/~ - -- i J:~ :~~ / /'~' / ,~ ,~Kgatt'J,~Ioward Enclosures Cc: Buz Fawcett Barbara Fawcett ti _ ~ _, UNITED STATES BANKRUPTCY COURT DISTRICT OF IDAHO ~c~ce~ /~l~z~o~.cs In re ) Case No. 96-01467-JDP R & R DEVELOPMENT LIMITED ) Chapter 11 CO., ) SUBPOENA IN A CASE UNDER Debtor ) THE BANKRUPTCY CODE TO: SHARI STILES Planning and Zoning Administrator YOU ARE COMMANDED to appear in urt at the place, date, and time the above case. the United States Bankruptcy specified below to testify in PLACE COURTROOM United States Bankruptcy Court 5th Floor, Judge Pappas 550 W. Fort, Boise, ID 83724 DATE AND TIME September 5, 1996 9:30 a.m. ^ YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case. PLACE DATE AND TIME YOU ARE COMMANDED to produce and permit inspection ana copy the following documents or objects at the place, date, and time specified below (list documents or objects): See Attachment A. PLACE DATE AND TIME United States Bankruptcy Court September 5, 1996 9:30 a.m. 550 W. Fort, Boise, ID 83724 ^ YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. PREMISES DATE AND TIME Any subpoenaed organization not a party to this proceeding case shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify, Fed.R.Civ.P. 30(b)(6) made applicable to this proceeding by Rule 7030, Fed.R.Bankr.P. See E2ules 1018 and 9014, F~~z. t~anxr.r. S ING OFF C G ATU E' S ila R. c wager, / Hawley Troxell Ennis &l Attorneys of record for Wilford H. Fawcett, III Barbara Ann Fawcett AND (DATE 8/27/96 wley and G:\CLIENT\05282\001\STIlES.SUB i y HAWLEY TROXELL ENNIS & HAWLEY P.O. Box 1617 Boise, Idaho 83701 (208) 344-6000 ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER PROOF OF SERVICE SERVED SERVED ON (PRINT NAME) PLACE MANNER OF SERVICE SERVED BY (PRINT NAME) TITLE DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct. Executed on Date SIGNATURE OF SERVER SIGNATURE OF SERVER G:\0.IEHT\05282\001\PROOF. SER 3fiP4,..~.. ., Rule 45, Federal Rules of Civil Procedure, Parts C & D: (c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS. (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee. (2)(A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded. (3)(A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance; (ii) requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held, or (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (iv) subjects a person to undue burden. (B) If a subpoena (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably G:\CLIENT\05282\001\PROOF. SER compensated, the court may order appearance or production only upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPOENA. (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. G:\CL IENT\05282\001\PROOF.SER ATTACHMENT A When answering the following requested documents, you are requested to furnish all information available to you, including information in the possession of your attorneys, investigators, employees, officers, directors, agents, representatives, or any other person or persons acting on your behalf, and not merely such information as is known by you on personal knowledge. DEFINITIONS As used throughout the following request for documents: A. The term "document" shall mean and include any kind of written, printed, typed or graphic matter of any kind or nature, however produced or reproduced, including but without limitation, all mechanical and electronic sound recordings or transcripts thereof, papers, agreements, contracts, notes, memoranda, correspondence, letters, telegrams, statements, canceled checks, books, reports, studies, minutes, records, accounting books, maps, plans, drawings, plats, diagrams, photographs, analyses, or studies, whether in your possession or under your control or not, relating or pertaining in any way to the subject matters in connection with which it is used, and includes, but without limitation, originals, all file copies, and all other copies no matter how or by whom prepared, and all drafts prepared in connection with such writings, whether used or not. B. The terms "you" and "your" refer to agents, officers, directors, employees, representatives, investigators, consultants and attorneys of the Meridian City Planning and Zoning Department. C. The term "Fawcett's Meadow Subdivision" refers to and means the following described real property: Parcel I A Parcel of Land in the Northwest Quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; more particularly described as follows: Commencing at the Northwest corner of said Section 19; thence South 0° 55' West 1519.92 feet to the point of beginning; thence South 0° 55' West 194.50 feet; thence South 89° 59' 15" East 1120.78 feet; thence North 0° 46' S0" East 194.49 feet; thence North 89° 59' 15" West 1120.26 feet to the point of beginning. PAi::E 1 ~F '~ Except that portion of land conveyed to the State of Idaho by and through the Idaho Transportation Board for the Division of Highways as disclosed in Warranty Deed recorded October 27, 1987 as Instrument No. 8758722. Parcel II A parcel of land in the Northwest Quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; more particularly described as follows: Commencing at the Northwest Corner of said Section 19; thence South 0° 55' West 1714.42 feet to the point of beginning; thence South 0° 55' West 194.50 feet; thence South 89° 59' 15" East 1121.30 feet; thence North 0° 46' 50" East 194.49 feet; thence North 89° 59' 15" West 1120.78 feet to the point of beginning. Except that portion of land conveyed to the State of Idaho by and through the Idaho Transportation Board for the Division of Highways as disclosed in Warranty Deed recorded October 27, 1987 as Instrument No. 8758722. Parcel III A parcel of land in the Northwest Quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 19; thence South 00 degrees 55'00" West 1908.92 feet to the POINT OF BEGINNING; thence South 00 degree 55'00" West, 194.50 feet; thence South 89 degree 59'15" East, 1121.82 feet; thence North 00 degree 46'50" East, 194.49 feet; thence North 89 degrees 59'15" West, 1121.30 feet to the POINT OF BEGINNING. PAGE 2 pF 3 Excepting therefrom that portion conveyed to the State of Idaho by document recorded February 23, 1989, as Instrument No. 8908047, records of Ada County, Idaho. LIST OF DOCUMENTS OR OBJECTIONS TO BE PRODUCED BY YOU: 1. Please produce any and all planning and zoning files which evidence or in any manner relate to the Fawcett Meadows Subdivision. 2. Please produce any and all documents which evidence or in any manner relate to the Fawcett Meadows Subdivision. 3. Please produce the Meridian City Planning and Zoning Ordinance. ?ASE 3 CF 3 A~ c ~la~ ~ ~(~ ~ ~ ~M 1Uo~ ~ ,y 3/~i ~~~ ~6~ ~s~ a/s~sy ~r -~ 3~ /9 y ;~~~ ~s /r~e~duws ~~~~ n 3~ 1~.a ~c~ j I~ ~ ~" ~~~ ~Is ~ c~ CL 5 s~3,~~'y r~~iY/~y ~~i~~9 y ~/Da~! `~ ~~ ! rlGiit ~ ~ Uf l.F' ~~ S~~~c9i %~y ~' ~,(~ ~ ,~ ~ ~ %% ~ 5. ~a ~v~ ~ cam. us e s~wwn~ ~~ ~' ~~ ~'u/~~, .l /l~ ~ {" ~`~ 7~P 4 ~~'~ J~`^ ~~ ~~~/ l 06/25/2002 10:55 FAX 208 333 8409 MATT HO'kARD f~004/028 ,- Meridian City Council April 5, 1994 Page 46 Kingsford: (Inaudible) to enforce that whole thing as we get that letter. ITEM #15: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR FAWCE7T'S MEADOWS BY RONALD HENRY: Kingsford: At this time I will open the public hearing and invite the applicant or his designee to speak first. Ron Henry, 6301 Charleston Place, Boise, was sworn by the Attorney. Henry: This is a proposal a request of annexation and zoning of some property 15 acres approximately south of East Calderwood and East of Meridian road. The proposal is for a subdivision of 39 lots. I guess to cut it real short so we can all go home, the only thing that I am questioning is a comment by Wayne Forrey in his letter about constructing a pedestrian bridge to access Lot 8 -Block 1 which is a triangle parcel. It is on the east side of Ten Mile Creek, that parcel is pretty much landlocked and very difficult to get to. I submitted a letter to the city which is included in the second to the last page of the packet. In the letter it really, my initial statement was to offer the parcel to the City as a mini park, but it appeared that since it is so landlocked, the next page is kind of an excerpt of 3 subdivision and where the parcel sits. It is really landlocked and it really can't be used or have good access for a City park so what I have done is contacted Steve Anderson who is a developer of Running Brook and had some discussions with him to see if we could integrate that parcel in with his subdivision. Kingsford: Mr. Smith, Terry, before you get out of here the name of that subdivision that you wanted to know is Running Brook, now you can go home. Sorry to interrupt. Henry: We have had some discussions on how we are going to integrate it and 1 think the main point of this is the fact that in the condition of approval it states that we have to put a pedestrian bridge, a 20 foot right of way or access between parcels 2 and 3. And I really don't think that is really a feasible approach or solution to the problem. Other than what is stated in there that is my only concern. I have had some discussions with Mr. Forrey about, I know he is here. He might give a word or 2 about our discussions. Kingsford: Any questions for Mr. Henry? Yerrington: What size is this parcel of land Mr. Henry? 06/25/2002 10:55 FAX 208 333 8409 MATT HOWARD f~005/028 Meridian City Council April 5, 1994 Page 47 Henry: It is approximately 1~ and 1 /4 acre. Yerrington: What is the dimensions do you know? Henry: It is 300 on the north side, 400 on the east side and 500 along the creek. Yerrington: Thank you. Morrow: Have you reviewed Mr. Smith's comments? His 15 or 14 points in the follow up point #16 with respect from Bruce Freckleton concerning domestic water and sewer on Lots 2 and 5 on Block 5? Henry: Yes Morrow: And you are in agreement? Henry: Yes, there is no problem, I have no problems with any of the requirements except the one that I just mentioned. Kingsford: Mr. Henry did you see Mr. Gary Smith's possible proposal map here? Henry: I did, well, I talked to the Fuller's whether they would be interested in any of this parcel and they basically said no. And, also I talked to Steve Anderson and I think we have a couple ideas on it that could be used very well. Also we have one idea to the fact that we could possibly use this, set this up as one large parcel with acquiring one of the parcels as an access to the lot. And that was an idea, but I think we hadn't really come to firm decision on how to do it yet. Kingsford: Of course a major concern that we would have is that access to the drain and the proposed bike path. Henry: As far as the proposed bike path on both sides of the creek I am completely in agreement with it. We will provide whatever the City would like to have in there. I have no problem with that. Kingsford: Thank you very much, is there anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Counselor. Morrow; Mr. Forrey, your comments concerning this please, 06/25/2002 10:55 FAX 208 333 8409 MATT HDWARD 0 006/028 Meridian City Council April 5, 1994 Page 4$ Forrey: Mr. Mayor, members of the Council, and Councilman Morrow, when I reviewed this project and I saw that triangular remanent the first thought through my mind because it is next to the creek was there is a mini park that the City could work with the developer on. And the developer was gracious enough tv consider that and at the Planning and Zoning Commission offered that, that if the City was willing to take that over for ownership and maintenance that might work. Since then though, I think he has realized the City may not want something that small. And it is a little more landlocked than I originally thought. So, the major thing I was looking at when I commented on that as Planning Director was that some component of recreation be integrated into that subdivision. As long as a bike path is there I .think we have accomplished that goal. So, the mini park idea is not feasible as Tong as we have that bike path I think we are in good shape. Kingsford: Your request Mr. Henry for preliminary plat, I guess we don't have a clear preliminary plat. You are basically asking for annexafion and zoning are you not. Henry: No, I'm song we have submitted a preliminary plat along with this, there are 3 or 4 copies of it throughout this packet. Kingsford; I misunderstood your comments to say you had some ideas. Henry: A little confusing, there is one plat in here that shows only the first 10 acres and then during the discussions with the Planning and Zoning we had the opportunity to acquire another parcel which added some lots. So, we revised the preliminary plat which you see. That is a big version of it right there. Kingsford: I guess Mr. Henry we are looking at a couple different things here, this Fawcett's Meadows, would you explain to me how you plan to access that lot? Henry: If you look at the last map in the packet it shows the adjacent parcels in Running Brook, one idea, well there are several ideas that I have. One is to extend each of those parcels and we will basically divide up that parcel and add to parcels 1, 2 and 3, that is one idea. The other is for us to acquire parcel 3- Block Z and use that as an access to the parcel and leave Parcel $ as a large parcel and just basically develop that into. Kingsford: So that parcel Lot 3 would not be a building lot? but Lot 8 that you are proposing here would be? Henry: Right, Lot 3 is really a substandard lot anyway. So, what we thought is we could use that as the access lot and build a very nice project and just have one lot 06/25/2002 10:55 FAX 208 333 5409 MATT HO'kARD f~007/028 ~• Meridian City Council April 5, 1994 Page 49 rather than to try to divide it up, It is a very similar lot in Meridian Greens probably just south of Ten Mile Creek on the other side of the Creek there is a large triangular piece about an acre. Somewhat the samesituation is kind of an odd parcel was sold off as a very large parcel. Kingsford: I guess an issue is we are approving a plat that has no access, am I right? Henry: That lot does not have any access that is right. Kingsford: That lot is the plat. Henry: That is right. Marrow: I think my question is of the Counselor, how to deal with the plat with a lot that has no access if that is what the issue is here. I think he has indicated that we can move the strike the findings and facts in terms of that parcel going to the City and that solves that part of the problem but I guess the bigger issue is how dv you get the, Crookston: Well, you can certainly annex and zone, the concern is in the platting. Kingsford: Well, we are asked to deal with the preliminary plat, so that is something that we deal with jointly. Crookston: You don't have to deal with it jointly, but you can. Marrow: Well, how are we going to deal with it jointly if we don't have any idea of what is going to happen with the parcel. We have 2 or 3 choices here with respect to the parcel and that is not very definitive in terms of what we are buying so to speak. I don't have a problem with doing the annexation but I have a bit of a problem doing the preliminary plat without that issue resolved. Kingsford: I agree, if that is your pleasure then let's look at the findings approval and annexation and zoning and table the preliminary plat. Morrow: So moved Tolsma: Second Kingsford: Discussion 06/25/2002 10:56 FAX 208 333 8409 MATT HOWARD . , Meridian City Council April 5, 1994 Page 50 Crookston: Better adopt the findings I~ 008/028 Kigsofrd: I think that Walt ran a blanket thing here and I think I will clarify that. Its been moved and seconded to approve the findings of fact and conclusions of law as prepared, roll call vote. Morrow: Clarification, I think the motion should exempt the references in the findings of fact to that parcel going to the City, Tolsma: Second approval to that ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All yea Kingsford: Entertain a motion then to have the City Attomey to draw up an ordinance annexing and zoning the aforementioned property. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to have the City Attorney draw up the ordinance annexing and zoning this property, all those in favor? Opposed? MOTION CARRIED: All yea Kingsford: Is there a motion to table the preliminary plat until there is a remedy for Lot 8? Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to table the preliminary plat until the issue with regard to landlocked Lot 13 be resolved, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Any questions on that Mr. Henry? 06/25/2002 10:56 FAX 208 333 8409 MATT HOWARD I~j009/028 Meridian City Council April 5, 1994 Page 51 Henry: Can I come back to you next meeting with the solution? Kingsford: Yes, we have to table it until next meeting which is April 19th. We will want to see and hopefully you will have that to us the Thursday prior so the Council will have an opportunity to review it. Henry; If I acquire a lot option agreement on that particular parcel with that satisfy the Council? Kingsford: I would say it probably would for me. Again we encourage you to have that in the Thursday prior so the Council has that in their packet to review. ITEM #16c WATER/ SEWER/ TRASH/ DELINQUENCIES: Kingsford: This is to inform you in writing that if you choose to you have the right to a predetermination hearing at 7:30 P.M. April 5, 1994 before the Mayor and City Council to appear in person and be judged on the facts and defend the claim made by the City that your City sewer/ water/ trash bill is delinquent, you may retain counsel, Your service will be discontinued on the 13th of April 1994 unless your payment is received in full. Is there anyone from the public that would like to contest their sewer/ water/ trash bill delinquency? Seeing none I will entertain a motion to approve the turn off list. Tolsma: So moved Morrow: Second Kingsford: Moved by Ron, second by Walt to approve the turn off list, all those in favor? Opposed? MOTION CAARIt~p; All yea Kingsford: You are hereby informed that you may appeal or have decision of the City reviewed by the Fourth Judicial Court pursuant to Idaho Code. Even though they appeal their water will be shut off. The amount of the turn off list this month is 59,031.00. ITEM #17: APPROVE BILLS: Tolsma: So moved