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Finch Creek Subdivision FP • • HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON n S Y R CITY OF MERIDIAN WALT W. MORROW ear City Eng P.E Y D SM TH GA BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste water supt. Planner s Zoning Administrator KENNY W. BOWERS, Flre Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 888433 • FAX (208) 887.4813 Chairman -Planning 8 Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: June 14 TRANSMITTAL DATE: 6/7/94 HEARING DATE:, 6/21/94 REQUEST: Final Plat for Finch Creek Subdivision BY: Creekside Development and Hubble Engineering -- LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and west of Locus Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR TRONALD 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 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8r FINAL PLAT) BUREAU OF RECLAMATION{PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: tM tll Oei00 aY 11tlwnllls171 wllontln owHlJrrwtu-sur-tuWtJ r rl }-ONr01 •.(uadotd ayt u} lutann ~ aapua-} 9wancu} LaOod amu,uu} apn Aur u} aSr,aaoa of cuondaara lu apipayat a u} pas}} cuo}u}ntaa ao nuawxea 'suo},en}aap Lur of 7»(qnc 'ryur,uap pw cw}e}a }le ltu}r9e Luadotd ayl m apn ayl pua)ap pur tueatrat R}at aanswaoY leyt pur •paaagwnauaun 9 Auadoad ayl tRW 'Auadwd ayt Aanuoa pue wuH m ty1Ju ay, try pue padaeuw ,igmay a,elsa ayt )o px}x 4nn)ase} n aanouofl leyl uueuaaoa aaaoamY •(,caaurapY aarnn3„ ulaaay))oaaay }= ydra9eaed w lumunJ apurl Lq aawaaofl o, aprw •uoa,ayl lwamu} ytt.. 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I ~I J ~~~ ~~ ~ ~ ~~~ r~ ~ I W ~ ~ I~ [qW o , "~I Z - c~ Z C7 N ~ ~' ~ =r/~~mZ ZO ~ o ~ ~~ I -O ~ W O WV wo L~^'Zd'Q a "~r`~y!y~C' IZ Z m m y~ ~~~ /mil! ~~ m I ~ NW ~1 ~ W M I ~ x~~ ~ Hpb~ ~' m: a° I ~ 61~ ~ iii ~ ~ ~~ a ~~~ ~ ' b'~~~4i a ~y / ~t ~ ~~ n ~ I fit, ~ I~I' I~ i i ~ IIIII~ ~~ I I i ~ 8 ~~ ~ ,_, ~~~~ $ ~~~dW e e ~ 0311~1dNn ^~~ s o-o I ~Ie I ~a o LLI illb z ~ O i~"-~ o ~ I ~, ~~ > m >~ N I ~ U ~ ~ ~~ w 5 ~! ~ ~E ~~, ~~~ ~I r g~g~~~ ~ ~ ~~~ ~ ~rd ~ ~~~;~ ~~~l5~ ~ ~~ ~ ~ !~ ~~ i~E `~ ~m YS~~ EE r ~. ~t ~g.~~~l~.~~~~~ ~i ..,.. ~ . • ~ RE~~s~ '`' `~ RUBBLE ENGINEERING, INC. ~~~ ~ ~ ~ 9 ~ 9550 Bethel Court ^ Boise, Idaho 83709 2 -8 ~^ ~~ ax 208 78-0329 \s Rv Project No. 93158 Revised May 11, 1994 April 20, 1994 DESCRIPTION FOR FINCH CREEK SUBDIVISION CREEKSIDE DEVELOPMENT A PORTION OF GOVERNMENT LOT 2, NE1/4, SECTION 6, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of Government Lot 2 of the NE1/4 of Section 6, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows; Commencing at the brass cap marking the section corner common to Sections 31 and 32, T.4N., R.1 E., B.M., and Section 5 and the said Section 6; thence North 89°46'40" West 1,324.76 feet along the Northerly boundary of the said NE1/4 of Section 6, which is also the centerline of East Ustick Road and the Northerly boundary of Howell Tract Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 64 of Plats at pages 6572 and 6573 to an iron pin marking the Northwest corner of the said Howell Tract Subdivision, which is also the Northeast corner of the said Government Lot 2 of Section 6; thence South 0°22'17" West 449.18 feet along the Westerly boundary of the said Howell Tract Subdivision, which is also the Easterly boundary of the said Government Lot 2 of Section 6 to a 2-inch galvanized pipe, said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins: continuing South 0°22'17" West 837.16 feet along the said Westerly boundary of Howell Tract Subdivision and the Westerly boundary of Cougar Creek Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book _ of Plats at pages _ and _ to a point marking the Southeast corner of the said Government Lot 2 of Section 6, which is also the Northeast corner of Tract Subdivision No. 4, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book _ of Plats at pages _ and _; thence South 89°37'30" West 1,324.16 feet along the Southerly boundary of the said Government Lot 2 of Section 6, which is also the Northerly boundary of the said Tract Subdivision No. 4 to a point marking the Southwest corner of the said Government Lot 2 of Section 6; Finch Cr. Subd. Page 1 of 2 • ~ • Project No. 93158 RI~Q ~~ , 1994 C~~~~ ~~; Pl' ~~ thence North 0°20'24" East 666.84 feet (formerly described as North 649.29 feet) along the Westerly boundary of the said Government Lot 2 of Section 6; thence South 62°39'43" East 216.39 feet (formerly described as South 63°04' East 206.35 feet); thence North 86°18'53" East 125.14 feet (formerly described as North 86°03' East 125 feet); thence South 63°17'22" East 140.07 feet (formerly described as South 63°38' East 140 feet); thence South 36°03'56" East 200.16 feet (formerly described as South 36°24' East 201 feet); thence South 54°45'53" East 100.10 feet (formerly described as South 55°09' East 100 feet) ; thence North 89°57'20" East 186.07 feet (formerly described as North 89°35' East 186 feet); thence North 61°24'23" East 61.67 feet (formerly described as North 61°08' East); thence North 85°34'05" East 108.34 feet; thence North 79°46'06" East 171.62 feet; thence North 81°14'41" East 200.00 feet (formerly described as North 80°52' East 200 feet); thence North 0°22'17" East 489.95 feet along a line Westerly of and parallel with the said Easterly boundary of Government Lot 2 of Section 6; thence South 89°46'40" East 163.51 feet along a line Southerly of and parallel with the said Northerly boundary of the NE1/4 of Section 6 to the 'nt of beginning, comprising 14.55 acres, more or less. ~ ~ -a ~ ~ ~~~~ a ~~~Z~~Q JCM/DTP/mf/496.des D. Terry Peugh, P.L.S. !lF. .. c`JC' 4 , !~,~. ~: ,,. Finch Cr. Subd. Page 2 of 2 • • '`'~ ~`~ RUBBLE ENGINEERING, INC. ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 9y0 SURVEyOQ, ~~~~1 M ~~ May 18, 1994 MAY 1 $ 194 Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 IZE: Finch Creek Subdivision Dear Ms. Stiles, ~l~"Y 'ter Y~~~~i! On behalf of Creekside Development, Inc., we hereby submit the final plat application for Finch Creek Subdivision.. The final plat of Finch Creek Subdivision is in substantial accordance with the conditions of approval of the preliminary plat and the provisions of the City of Meridian Subdivision Ordinance. This single family residential subdivision is also in substantial conformance with the City of Meridian Comprehensive Plan. Existing sewer and water mains will be extended to serve this phase. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be five (S) feet in width. Please confirm the hearing date on which this final plat will be heard by the Meridian City Council. Thank you for your time and consideration and do not hesitate to call if you have any questions. Sincerely, ~~1~~ld/y(/~- Tracey Persons Asst. Project Coordinator i:~finlplat.ltr • • '`'- ~`~ RUBBLE ENGINEERING, INC. \qA a~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 2081378-0329 May 25, 1994 Project Number 93158 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Meridian, Idaho 83742 1ZE: Finch Creek Subdivision Dear Ms. Stiles: The Finch Creek Subdivision final plat conforms with all acceptable engineering and surveying practices and local standards. Sincerel , J es C. Merkle, P.E. tp/007.1tr OWNERS OF RECORD ~~~~~~ MAQ~Y~ 1 8 i~~~ C~ ` { V j IpiYimii/ai ii~ Joyce Rivera 1135 E. Ustick Road, Meridian, Idaho 83642 Borup Construction 9518 Fairview Avenue, Boise, Idaho 82704 • • REQUEST FOR SUBDIVISION APPROVAL FINAL PLAT PLANNING AND ZONING CO1I~IlVIISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent montlily meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION 1. Name of Annexation and Subdivision, Finch Creek Subdivision 2. General Location, Portion of Govt Lot 2 and NEl/4 Section 6 T 3N R lE 3. Owners of record, _ Attached Address, Telephone 4. Applicant, Creekside Development. Inc. Address, .9518 Fairview Ave.. Boise. 1D 83709 5. Engineer, _James C. Merkle Firm Hubble En ' Bering.. Inc. Address, 9550 Bethel Ct.. Boise. ID 83709 Telephone X2081322-8992 6. Name and address to receive City billings: Name:Annlicant Address• Telephone PRELIlVIINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 2. Number of Lots: 45 (44 buildin¢ and 1 commonl 3. Lots per Acre:_ ~,,QS, 4. Density per Acre: 3 _ n9 5. Zoning Classification(s):__ R-8 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classi5cation_N/A 7. Does the plat border a potential green belt. ~~~ 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City. No Explain 10. Are there proposed dedications of common areas Yes Explain Common lot For future pazks No Explain N/A 11. What school(s) service the area Meridian Do you propose any agreements for future school sites No Explain N/A 12. Other proposed amenities to the City X Water Supply X Fire Department_ X .Other Sanitary Sewer Explain 13. Type of building (residential, commercial, industrial, or combination) Residential 14. Type of dwelling(s), single family, duplexes, multiplexes, other Sintle Family 15. Proposed development features: a. Minimum square footage of lot(s) 6.500 sq. feet b. Minimum Squaze fOOtage Of structure(s) 1.350_~auare Feet c. Are gazages provided for Yes square footage 4,~a. feet d. Are other coverings provided for No e. Landscaping has been provided for _Yes Descnbe S~venants require landscaping for each building lot f. Trees will be provided for_ No Trees will be maintained N/A g. Sprinkler systems are provided for Rev. 5-25 ~~ •• • • h. Are there multiple units_ No Type Remarks_ N/A i. Are there special setback requirements_No Explain N/A j. Has off street parking been provided for No Explain N/A k. Value range of property Approximately $80.000 to $115 000 1. Type of financing for development Standard m. Protective covenants were submitted No Date Future 16. Does the proposal land lock other property No Does it create enclaves No 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 wdl be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. /frm. Rev. 5-25 N 1 ~ 1 1a711~ ~jh1~111 I ~~RRr'il,'~1 1 1 1 ~ I N M ~ .- N ~ I M N . 41 , ~ ~ 1 1 O ~u I ~' I I ~I I M 1 I .- N 1 ~ f i~ ~ ' M n I 40 I ~ ~ i~ ~ N 4NM ~ ~ N M 1 tp t0 I ~ ~ tp 117 ~ ^ 1 r vi i ~ ~ 'N o0 1 ~ ~ _ 1 N '- - ~ O ~ n rt »~m ~`:~ ~./ .Sul. WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor September 30, 1996 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 Fax 322-2032 388-6532 Re: Street Lights for Finch Creek Subdivision #2 GOUNGIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY. P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Street Lights have been installed by the developer in Finch Creek Subdivision #2. These are 100 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The three (3) street lights are located at: Lot 19 Block 2 N. Mule Deer Way Lot 15 Block 2 N. Mule Deer Way Lot 11 Block 4 N. Wolverine Ave. 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 ~` of ~ -~ I OF MERIDIAN, B DING DEPART MENT 33 E. Idaho, Meridian, ID 83642 z~ ~' 887-2211 • Inspection Line 887-1155 :LECTRICAL PERMIT Issued: S/06/S6 Permit No; 9225 )WNER/APPLICANT------------------------pROPERTY LOCATION----------- CREEKSIDE DEVELOPMENT °°°------- I 1 FINCH CREEK SUB #2 MERIDIAN ID 83000 i Block: 208/000-+000 I Subm Long Legal: TD S: I Parc No: CONTRACTOR---------- i -------------------DESIGNER---------- ALL-OWAY ELECTRIC °-°`----°----------- 1420 GROVE ST. i BOISE I D 637a:~ I 2rr8/344-2`;07 I I ~D001000-0000 ~'ROJEC~T INFO-------------------------- ~ ------- ---------------------------------- r.j Value: t,?,, 8E0. 00 I l'emp Service: Pr. T 1 Residential Service: Occ Tyype: COMMERCIAL I Number^ of Room: Occ Grp: Occ Load: 1 Electrical Heat: Cnstr Type: ~ I Number of Circuits: Land Use: IOther:STREETIGHTS 'ROJECT NOTES-------------------------i-------- ________ INSTALLATION OF ,:;-10-T WATT STREETL I GH'TS... L 19 Bc, rL 1~.,-Bc, L 11 B4 'R0,7ECT FEES ASSESSMENT -----------------________ ____________ - -------- -- TOT'AL ELECTRICAL FEE: $10A. F0 Amo~.~nt Ba 1 ance Paid: D~.~e : ---------- ;itdg. S0 g0. 00 I~'ORT INFO TION IxlspeCtion requests must be made 24 hours prior to the need for inspection. Persons making the requests moat provide the following information: 1) owner/contractor, 2) prajed location, 3) date and time when the inspection is needed, 4) type ofinapection, 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, eacluding holidays. Other Permits ax'e Required for the installation of any electrical wiring, plumbing piping and mechanical rations related to gas fired equipment. Permit RevoCation/Egpiration. The Building Official reaervesthe right to revoke any permit issued in error or on the basis of incorrect information. Permits expire is 180 days i~ work is never commenced or is discontinued for a or 6 months. ~ Period ezring 180 days Declaration -This permit is being issued subject to the ordinances sad laws of the City of Meridian, and it is hereby agreed that the work to be performed will conform to the regulations pertaining and applicable thereto. ,1 ~ 9 l ~ ~ ~ ~ ~-~ Owner or Authorized Agent Date/ ~~~UAM Q 8ER(3, JR., CUy Clerk JANNE L I,~SS, ~ rreaturer GARY D. SMIi'H, P.E.. Cily Englrs~r BRUCE D. s7vARY, water works supt. JOHN T. SHAwCROFr, Wass water Supt, DET1N18 J. SUMMERS, Perks Supt. SHARI L. s'TiLE3. P 6 ZAdrtdn~traeor PA7TYA. V1/OLfiCIEi~ DMV Supervbor KENNEYH W. BOWERS, Fke CtUef W.L. "81LL' CORDON. PoUce Chef WAYNE C. CROOKSTON, JR., Attomsy • HUB OF TREASURE VALLEY • A GOt>~ ~ W L1VE CITY OF MERID~N ~ EAST IDAHO MERIDIAN, IDAHO 83642 ~ . Phone (208) 888-4433 • FAX (208) 887.4813 Public wo~°~a8 Depattinent (208) 887-2211 Motor VehicldDrive~ lJaarse (208) 888443 ROBERT D. CORR,>E MEMORANDUM: MaY°r To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Ins pector Re: STREET LIGHT ELECTRICAL INSPECTION I have inspected and approved the electrical lights in ~~ ~ proceed with the actlvatlon. CeL-N .Ir u~_.~~ warty MoRROw, RONALD R. TDLSMA CHARLES M. ROIIMR~ GLENN R BBHTLEy JIM JOHNSON, Chakngn TIM HEPPEp JIM SHEARgq GREG 031.UNp MALCOLM MACCOY Date: -a ~_ ~E, and associated components for 3 ~ ~ street . Idaho Power Co. can now old Hudson, Electrical Inspector C:IWPWRY60~(;ENERA[„EI.ECtNSP.11IIbf0 ._a. VII . m Q~ O O BLOCK 4 O z \ ~ OD ~ O A ~ ~ ~ C n O ~ • -~. Q n m N• wMOLVERINE AVE. ~ n N n n 01 D V! I n j ~~ p O ~ ~ ~ ' O~ ~ o a sss c 3' m ^ i oa ~. r°n m y a o A ~ OD O -- -- a nt ~ ~ o `z ~ ~ • ]~ ~ ,z ~ z ~ z ~ °Q ~ O --.ter-- ~ ~ ~ N DNN ~+ ~ ~ N Zf ~ W w ~ ~ ' '~ ~ o~i~ O ~ N STARU Wq ~#m N w v ^ O ~^ ro G Y a u ~ ~ ~ O ~~ N ~ O G ~: o~ O O d ~ O T 9. o ~01 . _~ m ~ ~~ ~~ ~ QZ ~ ~o~ ~ D 7 1 N W O N ~ O C _i ~' ~ li N D O _? ~ O a o c'a --~- ~ ~ c ? ~ 1O ~ m A .p ~' o ~ v c„' - J L a 'c c --A-- o ~- '-7 C'` { 4 ~ a g ~ e < O e O CC7 'Y ~ \ F ~ ~ O C,~~ OG ~~ 9~ I n~ STND 4IF D SPARE B Q' OO O HS-2 O FS-1 O D ~ STND OFF O '~ a n p STND OFFp j~ ~ ~ SPARER •. w O O HS-1 O aD o. o I FC-2 O m o ;~,• STND oFF O STND OFip p SPARE 0 WA-1 O n ~ MD-1 O - STND oFFo R~~ ears. M ~, ~ o~~ ryp. r.~i ~ F RK Fr.,, ,,.,,w,,; Meridian ova. orR~.: Western Lines roe i~ Finch Creek Sub. No. 2 xs o..e U.G. to 29 iota ~Na~O' c9604092.0 con«. 34.5 kv ov 34.5 kv F~•a.--a. LCST-043 ooa sma co~mr a.c No. - rua~.r. ~ o4-za-ae ~p Ado 33 D"""fir'' s""°" To.~rYn Rsno. w~aion "°' w. 6 3N 1 E B.M. Far. w+ Plot Nep No. (R-fltE) we~x oM.r No. EatM.. 553-9 Fanef. Locotioa w. oro., NA .rmi..kn F..a« Nav (F-FN.E) Nov a a o a' a' 18507-41 2 45 217 122 _°^^ - i~;~Y ~ ~ ~~'~ '4~ ~~ +"~~! ~.. icy ~ ~ 1 ~ ~,. • • ~ • • ~ • • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Mr. Jim Merk/e Hubb/e Engineering, /nc. 9550 Bethe/ Court Boise, /D 83709 RE: Finch Creek Subdivision -Pressure /rrigation Dear Jim: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian /rrigation District has completed a review of the pressure irrigation plans and calculations for the above mentioned project. The plans appear to be adequate for this new phase. When the pumps are selected the pump curves will need to be reviewed also. if constructed according to p/ans, this will meet the requirements of the Nampa & Meridian /rrigation District. We have also received a signed contract with the deve/oper, Mr. Borup, as well as the MOU's for the previously sold homes. P/ease feel free to contact me if you feel further discussion is required. Sincerely, ohn P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA: dln cc: File Each Director Secretary-Tieasurer Asst. Secretary-Tieasurer Asst. Water Superintendent Pressure /rrigation Specie/ist - C/inton Ride 4 - Gillmore Attorney - Burri Engineer -Sharp ity of Meridian APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 22 May 1997 July 11, 1997 City of Meridian Planning & Zoning or Development of Fench Creek Subdivision. To whom it may concern: I, Delmer Blades, lease the property directly to the north of Fench Creek. I have been given full authority of the care to this property by the owner, Wanda Stewart. Since the Fench Creek Subdivision has been developed, small amounts of vandalism has occurred to this property -and the problem is growing. I have reported this to the Ada County Police; and have also filed a report on vandalism. I have cattle on this property, and have had cattle there for many years. The vandalism has consisted of tearing down the fences, as well as dumping trash on the property. I no longer want the responsibility of my cattle getting out in neighborhood yards or any other problems my cattle my cause by getting out -due to the vandalism. Please help us to become good neighbors, by building a fence between us or some other solution that will hopefully solve this problem. Sincerely, Delmer Blades 939-8584 Wanda Stewart, Owner ~~;Ga V ~~ 345-5042 J U L 1 ~ X997 CITY OF 1~DIAN ~ ~~e~~~ ~ MAK 1 1 1947 CITY ~~ ~IERID{AN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 5 March 1997 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Mike Tanner Boise 345-2431 Brighton Corporation 12426 VIA Explorer Dr, Suite 22'0 - Boise, ID 83713 RE: Meeting with Board of Directors on 4 March 1997 - to discuss a proposed license agreement for a recreational pathway to be placed on top of Finch Lateral, also including various associated piping and fencing Dear Mr. Tanner: Thank you .for meeting with the Board of Directors on the 4th of March 1997 concerning the above referenced subject matter. As the Board indicated to you on that day, it gave further consideration after the lengthy discussion it had with you. As a result of the review, the Board concurred, because of the recreational use of the facility, a license agreement between the Irrigation District and the Developer not be signed. This was based on current District policy. However, the Irrigation District will give serious consideratior. to an appropriate agreement, between the City of Meridian and the Irrigation District, for the allowance of a recreational pathway in the area of Finch Creek Subdivision. page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 801SE PROJECT RIGHTS - 40,000 • ! ..~.~~ ~~= ~ 5 March 1997 Mike Tanner Page 2 of 2 As was explained to you during the Board Meeting, the Irrigation District has serious reservations about granting recreational use of a facility to a homeowner's association. Furthermore, the District reviewed the on-going discussion and negotiation with the City of Meridian relative to a proposal between the District and the City of Meridian concerning a comprehensive recreational pathway agreement. This could be utilized for areas adjacent to District drains or on top of piped laterals or drains. I hope this information assists you in your development process. Should you have any questions concerning this subject, please feel free to call on me at the office number listed above. Sincerely, Daren R. Coon Secretary/Treasurer DRC/tlj cc: File Each Director Water Superintendent Attorney - Burri - Attorney - Steenson Creekside Development - Bruce Borup City of Meridian - Sherry Stiles enc. 4 J i • ~~~w~~- C ~+~ 1 1 1447 .~ ~I'I°Y C1F ~IERlDlAN y AE3~iEREDt~lbt TO LICEiySE AGREEII~tE~~' ADDENDUM TO LICENSE AGREEMENT, made and entered into this day of '!997, ay and b2tvreen NAfJIPA 8~ ~JiER!DI~,i~~ iFR(GhTIOi~ DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho (District), and THE BRIGHTON CORPORATION, an Idaho carporation, (Licensee), is made with reference to the following facts: 1. The parties hereto entered into a certain License Agreement dated March 19, 1996, recorded March 22, 1996 as Instrument No.96024068, records of Ada County, Idaho and an Easement dated March. "a. 199F, recorded CJ!arch 22, 19x6 28 Instrument No. 9r~ry24JE9. records of Ada County, Idaho and a R.eiing:aishmerzfi raf Ease~}~-ent dated It:Rarch 19, '^9S. ~ecordeu 1,"Grc~~ 22, 1996 as ~ns'rumart Nc. x6024070. 2. Nampa & Meridian Irrigation Gistrict controls ?I?e irrigation ditch or canal known as FINCH LATERAL together with the easement thereof. Licensee is the developer of 3edferd Place Subdivision. 3. Licensee now wishes to make certain encroachments on the Districts right of way along FINCH LATERAL for the purpose of completing work in the District's easement arFa. 4. This encroachment is not permitted under the terms of said previous License Agreement. NOV1~ ThEREFORE, for and in consideration of the premises end of the C0:~2(~~~ 1±5, =~Jre~emEnts am ~pnriEt.~!~S hrr~;r?~fTEi' ; ?' .~C;'.~ . ^~ ±h^S8 Set {~rt~ ~Ct t~ i~ G.~ J i V License Agreement referred to above naming Nampa & Meridian Irrigation District and The Brighton Corporation, an Idaho corporation as parties, the parties hereto agree as follows: ADDENDUM TO LICENSE AGREEMENT - 1 • 1. Licensee may encroach on the District's right of way along Finch' 'at~ei°a„ars , p ~. follows: a. At the west end of the Bedford Place S~!bdivisior~ at a location west of East Wakely Street, in lot 28, Licensee shall pave the north twelve (1~) feet of the existing unencroachable easement of twenty-five (25) feet for a distance of approximately forty (40) feet. Licensee shall install a traffic rated lid on the existing irrigation structure which is located in the porticn of the easement to be paved. Licensee shah further install a six (6) foot lance on both the North and South boundary of the existing unencroachable easement from the point where the paving stops for a total of 106 feet. A map showing such work is attaohed hereto as Exhibit "A". b. At the extreme east end of East Wakely Drive in the location of Lot 28 at the end of the cul-du-sac, (said cul-de-sac being in a future phase of Bedford Place Subdivision), Licensee shall construct a paved walkway, said walkway being to a mBXin"!+J T! ~~i~':h Cf ttiM°Ive (':2) feet ;rl the 2tiletir`;~' +~~E'-~Cr:~$Gliable ?~Ce!"1?;1` rr t.10./''cnty- five (25) feet, said Twelve (12) ~~eet running down the rniddie to the existing easement t.-~om East Wakely Drive to the prop, ~y line between Bedio; ~.1 Place Subdivis~cn a! ~d Finch Creek Subdivision. Licensee shall further install a six (6) foot fence on both the North and South :~oundary of the existing unencraachabie easement far a tot21 of nighty-three (~3) feet. A map showing such work is attached as Exhibit "Q". 2. The authori?atien to construct a walkway under this P,ddendum to License Agreement pertains only to the portions of the easement of Nampa & Meridian irrigation District described in this Addendum. The authorized uses for the walkway are v:aiking, jogging and non-powered ~~ehic!es such as iJicycias. The auiharizeo use of the walkway does not include horseback riding, fishing, hunting or use of motorized vehicles. ~. Licensee shsil prepare and install a readily visible sgrt (the "signs"i at each end of the easement being used as a walkway advising anyone using the walkway that the District claims an easement on the property, that the use of the walkway is subject to the needs of the District, the walkway may be closed from time to time as required by the District, the Licensee or its assigns are responsible for the walkway ADDENDUM TO LICENSE AGREEMENT - 2 and interference with the use by the District of the walkway may res:~l losure of i to rinted o the walkway. The size of the signs, and the material pan d, p displayed thereon, shall be agreed to by the parties. 4. The Licensee, its successors and assigns, agree to construct and maintain the walk;nray and al! improvements as provided by this Addendum, at Licensee's sole cost and expense. Licensee agrees that it will complete such construction in a safe ar~d workmanlike rnanner. The walkway will not constitute a hazard to any person o: persons, and Licensee, its successors and assigns, does hereby indemnify, hold harmless and defend the District from all claims or damages of any nature arising out of the use of the walkway, or far the Licensee's negligence in the construction, operation, maintenance and repair of the walkway, or failure of Licensee to keep the same in a safe condition. The Licensee agrees to indemnify, hold harmless and defend the District from any damages the District or its landowners may suffer arising f''CT, relc^ted tQ O' In dny way CO'"~r?~Ct~d with GCr,Stru:.tiart and !or .naintenarce of the walkway. Licensee further agrees to maintain general liability insurance covering said walkway in the amount of one milliar- dollars. 5. Nothing hereir. contained shall be construed to impair the rights of the District, or to limit its rir~hts ofi access of the property for all purposes, and all uses of the property by Licensee, its successors assigns and the public shall be and remain inferior and subservient to the rights of the District to the use of the property. 6. In the event of failure, refusal or neglect of the Licensee or its assigns to cure any default in compliance with any term or condition of this Addendum within thirty (30) days after service of written notice from the District stating the particular default or breach upon the real property, then the license of the Licensee under this agreement may be terminated by the District. ?. Said License Agreement dated March 22, 199E between the parties is hereby affirmed and its terms and conditions unchanged except as the result of the provisions of this addendum. 8. Construction as to this Addendum shall be in accordance with the terms of this Addendum and those certain plans consisting of two (2) sheets, said sheets ADDENDUM TO LICENSE AGREEMENT - 3 C ~-,.:, numbered sheet no. 19A and 20A, sheet 19A being entitled "Finch Latera ' i±s~~t .. : _~~ Plan". i~` 9. Construction under this Addendum shall be completed not later than March ~u ~' .~. 1997. Time is of the essence. This agreement will be of no further force or effect ~n the event construction is not completed within the time herein specified. 10. Licensee shall submit to the District's water superintendent such constructicn piGns as the water superntendent may request regarding the ,nrork to be done and the work shall be subject to the final approval of the water superintendent. 11. The terms of this Addendum shall bind all the successors and assigns of Licensee. iN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto subscribed his name, or if a corporation, has t;?re~.!rta caasGd !*.s corporate name tc be s~abscrihecl 2nd its sPa{ tc b; ?~~ced thereto, all as of the day and year herein first above written. NAMPA & MERIDIAN_IRRIGATION DISTRICT BY. Its President ATTEST: BY !ts Secretary L iCEN~EE t;orporation ADDENDUM TO LICENSE AGREEMENT - 4 ;: STATE GF IDAHO ) ) ss: COUNTY OF CANYON ) On this day of , 1997, before me, the undersigned, a Notary Pubiic in and for said State, personally appeared and known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument, Gnd acknowledged to me that such irrigation district 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 Fesidina at:_ tiny ~_omrrrission expires: STATE OF IDAHO ) ) ss: COUNTY OF 4~oa ) On this 4~ day of 6~+~tu~ , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared '(~~~ !~-• ~aNE.2 , known to be the S~C~ of The Brighton Corporation, an Idaho Corporation that executed the foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~n,° ~° `~ v c~ ... ~ ,.yF i lei ~ e• ~ ~° ~, ~~- ° Notary Publi r Idaho f " ~ ~ . Residing at' °~?~~ °• ~ •, °°W '~ ~" My commission expires: 't ~8 zooo ~' . oe° mac. - "'Tease -~ e~ ... ,.. ,Sf.o ADDENDUM TO LICENSE AGREEMENT - 5 ' NOV-21 -56 THI_i l ~ ; 34 ~ ~E.667TE87 ~ ~ ' / i i ~ i eFta i eya ~ . ' ~~ ~ `{ ~~ I 1 + I i' i ~ , i + (° _ f + ' .CD C~ ~ C.~ ATE " /U/mil L~L1~ u~~ .._....- -•---- - e e r- ...--------._ . --~--_ _~~-~.eb _.. ~~ ~ ~ y.cSio /U D~ .~ EXHIBIT g •. • - ,. W Q~ M o ~~ ON~ ... tOO.OQ' (- ~ - Z ' o ~a o .N ~. N ~~. . QF , . _. 40.09" 6 RAI ~ - - -• ~.. . _ _'-.~ I ~ - - G%/ - _ c~- S 83'34'26" E. ~ _ . .. . . RM G • .. ^~ ;.: Q r ~ -.. ~4 = . )0' 48.36' - _ ti ry G ~ ... ' •2 '~ ~ . - ~ ~ !:-T~ - b?.UU' PUG«uu C- 14 -- ~40. 00' = • • 62.77' C-!5 4a.0'EL' •-.62:89' _. C-I~ ••20.Od'... 18.29'` C-f8- ~•'~50-r13Q' • : •2U:99• . f:-rt9 ' •'SQ.: aQ : ~ ~ ' 47.90' C-2a •.so. ao •• -•42.62•' •.: C-23 •" < • 5a'. ftff' ^. • -. • 34.45.' c=2s . so•. aa~-- .-a6•.4a• -E-2'7- • .20•.OQ'=.. .'25.62' 0 N ~ to ~ V • • • A' •• ~ ;•. 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'•_`.+~c;.~•"~rx+~~ ~-1-1~f~+%~'~i~sry~Ay~!".~+;'d,•~.•~,r EXHIBIT ~ ~ (• ' • 1 • ~- ...., ~ _ :~ ~. c .a~ 5~ ..t.-"r ,. e ., ~~ a~~,,p~ - +y. ; _ - ~ ~ ~ .. .. ail N ~o•19'z4" ~ ~{ 154.14' ~~ 1 t ~ .~ O ~ ~ ~:~ 1 ~ ~/ , o0 N p ~ ~ ~ ~~ ~ pO O~ c~ ~ °' , ~.0. , ~ ~ IV Tt v _ m . ~ _ v ~t ~ v . ~ ('''~ 1 . ~ a , ,, m _~ . r~- _. 1 :d ~. o ~ ~ ~, :..... .~ ~ oR ~. ~ ..:.. ... ._ ~. ~ ~~ ~ ::. ,. ........ ........ ~~' ~ z I ~' ....... ..... ,... ~~ '~; .~ ~ = ~ ~ n Z ~ ~ ~ ~ -- ~ ~~ ~ rn~~ I D ~ ~ G7 C7 n ~ ~ ~ D I Dol ~ a o N Z ~ I ~ ~~ ) cs3 e~ I ~ ~i ~~ v D~z~ =rn0 DON izv .~ o ~~ I ~°~ TI O ~ a Z o tXNiBIT A ., WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor September 30, 1996 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 Fax 322-2032 388-6532 Re: Street Lights for Finch Creek Subdivision #2 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY. P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Street Lights have been installed by the developer in Finch Creek Subdivision #2. These are 100 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The three (3) street lights are located at: Lot 19 Block 2 N. Mule Deer Way Lot 15 Block 2 N. Mule Deer Way Lot 11 Block 4 N. Wolverine Ave. See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely ~:~~~~~ William G. Berg, Jr. City Clerk a ~~ ~~ C OF MERIDIAN, B LDING DEPARTMENT 33 E. Idaho, Meridian, ID 83642 ~.~ 887-2211 • Inspection Line 887-1155 ~:LECTRICAL PERMIT Issued: S/06/'96 IWNER/APPLICANT________________________pROPEP,TY LOCATION---- CREEKSIDE DEVELOPMENT I 1 FINCH CREEt'. MERIDIAN I D 83Q~00 ~ I I Lot: Block: ~~ae!>a~a-+~a0a I Sub: Ta S: I Parc No: I Permit No: 92c5 ------------------- SUB #2 Long Legal: ~ONTRACTOR----------------------------~DESIGhIER--------------------------------- ALL'OWAY ELECTRIC 14E+~ GROVE ST. I BOISE ID 8~7a2 I ~NBi 344-E50 % I ~00/Q~0-~-~OOQ~ 'ROJEC'T' INFO- Pr.j Va 1 ue : Pr.j Type: Occ Type: Occ Grp: Cnstr- Type: Land Use: I -----------------------------------------Y--------------- $~, 8E~• 00 1 Temp Service I Residential Service: COMMERCIAL I Number of Rooms: Occ Load: I Electrical Heat: I Number of Circuits: I Other: S'fREETIGH7'S I 'RO~ECT NOTES- I NSTi=iLLAT I ON -------------------------------------------------------------- OF :~-10G WATT STREETL I GH'TS... L 19 Bc~ L i ~ Bc, L 11 B4 ~'RO,JECT FEES ASSE5SMEN"f- TOTAL ELECTRICAL FEE: Amo+.~nt Paid: $i~DH. EO $108. S0 Balance D+_ie: $0~ 00 1MP()RTANT T1VTi nuiuremrni-r a vaya.aii11V1\ IlispeCtloII requests moat be made 24 hours prior to the need for inspection. Persona making the requests must provide the following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection ie 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, ezcludiag holidays. Other Permits are R.egnired for the installation of any electrical wiring, plumbing piping and mechanical installations related to gas fired equipment. Permit RevoCation/ERpirBtloII. 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 ezceeding 180 days or 6 months. Declaration -This permit is being issued subject to the ordinances and laws of the City of Meridian, and it is hereby agreed that the work to be performed will conform to the regulations pertaining and applicable thereto. J / Owner or Authorized Agent Date i WILLIAM G. BERG. JR., qty Clerk JANNE L LASS, Cily Troasurer ` GARY 0.3MRH, P.E.. City Engbresr BRUCE D. STUART, Water Wort Supt. JOHN T. SHAWCROFT, Watee Water Supt. DENNIS J. SUMMERS, parks Supt, SFiARI L S71LES, P 3 Z Adrrtlnistrator PATNA. WOlppp~ DMV Supervisor KENNETH W. BOWERS, Fire Chia( W.L "BILL' GOROON. Ponce Chlef WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: • HOB of r~asu~ vatr~ • . A QOOd PIBCC fA I.tVC CITY OF MERIDIAN ~ E~ ID~~ MERIDIA11j, IDAHO 83642 . Plrooe (2t~) 888-4433 • FAX (208) 887.4813 ~~ War~s/BnildinS Dcp~eat (208) 887-2211 Motor VehiclNprivers I.ioerute (208) 888443 ROBERT' D. CORRIE Mara . To: Will Berg, City Clerk Bruce Freckleton, Assistarrt to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT FZECTRICA,I, INSPECTION ~QW~140aE04BEBg WALT W. MORROYy President RONALD R CHARLES M. ROUNTREE GLENN R BBNTLEy P lr< ~ .nu n~ JIM JOHNSON, Chsknq~ 11M HEPPER JIM SHEARER GREG OSWNp MALCOLM MACCOY Date: - az c,L ~. ~~ • I have inspected and approved the electrical 'ring and associated components for 3 lights in ,.~, ~~y, r ~, ~ street proceed vv~th the actlvatlon. • Idaho Power Co. can now old Hudson, Electrical Inspector C:IWPWQJ60K;ENER,V,IELECiNSP.11II1t0 A .. J. ..., j m ~ I O O BLOCK 4 ~' ?/ O A ~ \_ ~ OyVN O R ~ A ~ o O 1 n y N. WOLVERINE AVE. `_ Ul (~ C7 m D to ~ ~ I I I ~ ~_ o a~ v v o 3 ~ c 7 s s a -• ° o c a o ~ ~ cye rn o ~ ,z `~ ~ oz ~ ~ ~ o m Q ~ m a w' w ~ o ~ °_ 0 w N ~< ~ ~' 0 a ~"~ c w ~ 0 m ~ x a ~ c ro - v rt 7 O N I N a f S s w w m w v Ri, r,T,°de ~• m °i„ Tom. , ~°~~ 'n' Fey" Fia10 ~: Meridian ~• awe: Western Lines yes TRlrx Fnch Crsek Sub No 2 . . +~ ~ U.G. to 29 tote ""°'H R'0' c9604092 0 a . c«~e. 3 er 4.5 kv av. 34.5 kv F«a.-~w. LCST-043 Date Stea county ouc ne. F,eewtw qeb os-23-9a ip Adu 33 CsepIMW Seetlon ToWnanq, Range Nariaian Plel rep 6 3N 1 E M B . . Por. rep Plat Nap No. (R-FllE) Work Omer No. F„p~ 553-9 Funet. Loeotion W. Order PU R Pertnieelon Feeder Nap (F-FlLE) Nap 0 o a' a~ '0 18507-41 2 45 217 122 o ~~ - ~ 1~~s CITY OF ~E1~IDI~1~ ~~~~ & ~ ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 30 September 1996 Jim Merk/e Hubb/e Engineering, /nc. 9550 Bethel Court Boise, /D 83709 RE.• Finch Creek Pressure System Dear Jim; OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian lrrigation System has reviewed the p/ans for the above mentioned project and reviewed part of the installation. The District will need to see detailed plans on the pump installation as well as having a signed contract with the developer for Nampa & Meridian lrrigation District to take over the operation and maintenance. By postponing signing the contract and selling homes, it wi// make it more difficu/t for the District to comp/ete the necessary contract after the fact. P/ease fee/ free to contact me if you fee/ further discussion is required. Sincerely, John P. Anderson, Water Superintendent NAMPA & MERIDIAN /RRIGATION DISTRICT JPA; d/n pc: File Each Director Secretary-Treasurer Asst. Water Superintendent V2l~y of Meridian Sharp & Smith lnc. -John Sharp Attorney -Laura Burri Pressure lrrigation Specialist -Ted Clinton APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ' t .j . • Meridian City Council March 19, 1996 Page 73 Corrie: I think Doug went home so let's go on by that one. Morrow: What is the date on that one, is that April? Stiles: That is April 18. Campbell: (Inaudible) basically we are waiting. for Turnbull to find out if this next year they are going to go with their Ashford Greens 1 and if they do they have to put the lift station in on Black Cat. If that is the case we are going to wait and that is why we are asking for the extension. If not if he doesn't' go this year and the subdivision No. 3 warrants if the sales warrant we will start with number 4 with a temporary lift station that has been approved by the City of Meridian. Morrow: Mr. Mayor I would move that we grant a one year time extension to April 18, 1997 for the Lake At Cherry Lane No. 4. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the request for a time extension for the Lake at Cherry Lane No. 4 be extended from April 18, 1996 to April 18, 1997, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #21: REQUEST TO REVOKE THE FINCH CREEK NON-DEVELOPMENT AGREEMENT: Corrie: Shari, Gary any help on that one here? Stiles: Mr. Mayor and Council I believe that at your last meeting you voted to allow them to go ahead and pipe the Onweiller lateral and apparently they are ready to go forward and develop the subdivision. Morrow: So then what they are asking of us is to move the whole thing off the non- development agreement and activate the entire subdivision or at least this phase so they can press forward with construction. Stiles: Yes Morrow: I guess my question to the attorney is revoke the proper word? ~ y k • • Meridian City Council March 19, 1996 Page 74 Crookston: It certainly is. Morrow: Mr. Mayor, I would move that we revoke the Finch Creek Non-Development agreement. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that Finch Creek Subdivision No. 2 that we hereby revoke the non-development agreement, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #22: HEARING REQUESTED BY PAUL CONSTRUCTION REGARDING GREGORY LIFT STATION BID: Corrie: Counselor is there swearing in since this is a hearing? Crookston: Yes there is. Peggy Paul, 16429 McDermott Road, Nampa, was sworn by the City Attorney. Paul: This is about the lift station, it was brought up at the bid opening for the Gregory Subdivision lift station project that the City officials did not recognize who Paul Construction was. We have been continually licensed by the State Public Works Board since 1978. Every bidding contractor may not be known by all officials, there are several contractors who are qualified but do not bid all public entity projects. In order to be a contractor in the State of Idaho with a publics works license your record of projects are constantly updating on a yearly basis. If the board does not feel that you meet these qualification areas your license covers you will not have your license renewed. In order to bid on public entity projects you are required to have a surety company backing you with a bid bond and performance bond. If the bonding company does not feel that you are capable in the capacity of experience but also financially then you cannot get the bonding. The bond qualifies you at that time. We have never been questioned as to our qualification in 18 years and being licensed in Idaho, Oregon, Washington and California. It was brought up to us after the bid opening that the City of Meridian as to be conscious in awarding the contract if the unsuccessful bidders have doubts as the qualification of the low bidders. The other bidders did know us they have worked in conjunction with us in the past and have no doubt as to our capability and performance. We are not new to the area and feel we have been unjustifiably discredited. If our low responsive bid is not awarded then it will cost the City of Meridian $3300 to give it to the next bidder if not more. Our bid • MERIDIAN CITY COUNCIL MEETING: MARCH 19.1996 APPLICANT: ITEM NUMBER; 21 REQUEST; REQUEST TO REVOKE FINCH CREEK NON-DEVELOPMENT AGREEMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~' YQJ~~~ e apP ~~ti a y OTHER: A!I Materials presented at public meetings shall become property of the City of Meridian. •CREEKSIDE DEVELOPMENT LLC • ' ~-` ~~ 38 E. ADA ST. MERIDIAN, ID 83642 ~~R ~ 4 ~Q~~ TeiePnone asa-1 os2 ~yTY OF A~iE~IDIAT~ Fax 884-1094 March 11, 1996 WiII Berg ' City of Meridian 33 E. Idaho Meridian ID 83642 ....:Dear Will, Creekside Development is preparing to begin construction of Finch: Creek Subdivision Phase II and we have anon-development agreement with the City of Meridian for that phase. We are. requesting that you begin the process to revoke that non-development agreement. Naturally we would like. to begin construction as soon as possible so your quick response to this matter is greatly appreciated. Sincerely, c`F~~ Bruce Borup ', Meridian City Council March 5, 1996 Page 46 ITEM #11: REQUEST PERMISSION TO TILE THE ONWEILER LATERAL THROUGH FINCH CREEK SUBDIVISION BY CREEKSIDE DEVELOPMENT: Corrie: You have that request coming to Shari Stiles. Request permission to the the Onweiler Lateral before the official revoking the non-development agreement for Finch Creek Subdivision phase 2. Any discussion or questions from Council? Morrow: We have the same issue here, they can go ahead and do that but we are not revoking the non-development agreement so they are not selling any lots. Same facts apply. Corrie: That is exactly right. Morrow: I would move that we grant them permission to the the Onweiler lateral leaving the non-development agreement in place and that tiling has no effect on the non- development agreement. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the permission to the the Onweiler Lateral and leaving the non-development agreement in place, any discussion? Hearing none, all those in favor of the motion say aye? Opposed? MOTION CARRIED: All Yea ITEM #12: PROCLAMATION: PURCHASING MONTH: Corrie: WHEREAS, the purchasing and materials management profession has a significant rote in the quality, efficiency, and profitability of business and government throughout the United States; and WHEREAS, the purchasing and materials management profession works for private and public, and profit and non-profit organizations; and WHEREAS, in addition to the purchase of goods and services, the purchasing and materials management profession engages in or has direct responsibility for functions such as executing, implementing, and administering contracts; developing forecasts and procurement strategies; supervising and/or monitoring the flow and storage of materials; and developing working relationships with suppliers and with other departments with the organization; and WHEREAS, the purchasing and materials management profession has tremendous influence on the economic conditions in the United States, and an accumulative purchasing power running into the billions of dollars; and WHEREAS, the National Association of Purchasing Management-Idaho Southwest, Inc., and other associations around the globe are holding activities and special events to further educate • • MERIDIAN CITY COUNCIL MEETING: MARCH 5.1996 APPLICANT: ITEM NUMBER;~f~ 11 REQUEST; REQUEST PERMISSION TO TILE THE ONWEILER LATERAL THROUGH FINCH CREEK SUBDIVISION BY CREEKSIDE DEVELOPMENT A ENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~~ ~° ~QaJ ~ ~s~ ~ ~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • CREEKSIDE DEVELOPMENT LLC • 38 E. ADA ST. MERIDIAN, ID 83642 Telephone 884-1092 Fax 884-1094 February 27, 1996 ...Shari Stiles City of Meridian 33 E. Idaho St. Meridian, II? 8362 Dear Shan, We are requesting permission to the (pipe) the Onweiler Lateral before the official revoking of the Non development Agreement of Finch Creek Subdivision, Phase IL The reason we are seeking this permission is that the work has to be completed by March 15; 1996 and the Non Development Agreement can not be revoked by that;time. We have talked to Nampa Meridian Irrigation District and. ACHD and it is worked out with them.: We appreciate your quick response to this request. Sincerely, Bruce Borup • ~ ~.~c~~ ~ ~~ SUBDIVISION EVALUATION SHEET AUG 1 7 1995 C[TY U,~ ~~rc,u~res Proposed Development Name FINCH CREEK SUB City MERIDIAN Date Reviewed 8/10/95 Preliminary Stage Final XXXXX Engineer/Developer Hubble Enor. / Creekside Development 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 Meridian City Street Name Ordinance. The following proposed street names are approved to replace previously denied names if thev will fit in street signs: "WOOD THRUSH" "MOCKINGBIRD" "REDSTART" "CATBIRD" "WARBLER" "STARLING" "REDPOLL" "FOX SPARROW" 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 CO Ada County Engineer John Priester _ Ada Planning Assoc. Terri Raynor City of Meridian Representative Meridian Fire Distict Representative NOTE: A copy of this evaluation sheet must be presented to the Ad~ signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 06 Section yNCY EPRESENTATIVES OR DESIGNE/ES ' ~ ~Tl ~S Date ~~ - ~--~ Date ~I~~ . Date _~~/ 7--j'S / Date ~ `7 County Engineer at the time of NUMBERING OF LOTS AND BLOCKS • • MERIDIAN CITY COUNCIL MEETING: AUGUST 15,1995 APPLICANT: ITEM NUMBER; 20 REQUEST; NON-DEVELOPENT AGREEMENT FOR FINCH CREEK SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRiT DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~~~ ~~ OTHER: Atl Materials presented at public meetings shall become property of the City of Meridian. • • This AGREEMENT, made and entered into this day of , 1995, by and between CREEKSIDE LIMITED LIABILITY COMPANY. whose address is 38 East Ada Street. Meridian. Idaho 83642. hereinafter referred to as "DEVELOPER," and the CITY OF MERIDIAN, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, DEVELOPER, is currently the Owner of all real property and subdivision lots contained in FINCH CREEK SUBDIVISION Ada County, Idaho; and, WHEREAS, DEVELOPER desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of proposed LOTS 12 THROUGH 19, BLOCK 2; LOTS 2 THROUGH 17, BLOCK 4; AND LOTS 1 THROUGH 6, BLOCK 3; of FINCH CREEK SUBDIVISION (hereafter "Undeveloped Lots") or more particularly described as follows: A parcel of land located in a portion of Government Lot 2, found in the NE 1/4, of Section 6, T.3N., R.IE., B.M., Meridian, Ada County, Idaho, and being more particulazly described as follows: Commencing at the NE corner of said Section 6; thence North 89°46'40" West along the Section Line of said Section 6, 1324.76 feet to the NE corner of said Government Lot 2; thence leaving said Section Line South 00°22'17" West, 837.16 feet along the East line of said Government Lot 2 to the SE corner of said Government Lot 2; thence South 89°37'30" West along the South line of said Government Lot 2, 685.24 feet to the "Point of Beginning"; thence continuing South 89°37'30" West, 638.92 feet to the Southwest corner of said Government Lot 2; thence North 00°20'24" East, 666.84 feet along the West line of said Government Lot 2; thence South 62°39'43" East, 216.39 feet; thence North 86°18'53" East, 125.14 feet; thence South 63 ° 17'22" East, 140.07 feet' thence South 36°03'56" East, 200.16 feet; thence South 54°45'53" East, 100.10 feet; thence North 89°57'20" East, 186.07 feet; thence North 61°24'24" East, 61.67 feet; thence North 85°34'05" East, 11.80 feet; thence South 17°56'57" West, 134.42 feet; thence South 33°21'08" West, 50.36 feet; thence South 42°15'28" West, 58.16 feet; thence South 54°45'51" West, 184.42 feet to the Point of Beginning containing 8.74 acres, more or less. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: • • DEVELOPER hereby agrees that no improvements will be installed in said Subdivision lots as required by the CITY, without the prior written permission of the CITY. If DEVELOPER desires to install -any of the said improvements for said lots, then DEVELOPER shall submit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated time and cost to complete such improvements. The CITY reserves the right to require an irrevocable letter of credit or cash deposit Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER upon such stated improvements and detailed construction plans. Such irrevocable letter of credit or cash deposit Surety Agreement will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the City Standards and Specifications in effect at that time. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit Surety Agreement has been issued and delivered to the City, or until an amended non-development agreement is agreed upon and entered into and the required improvements of said Subdivision are completed in accordance with then current CITY standards and specifications. DEVELOPER acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho to provide public notice to prospective purchasers of the temporary restraint on conveyancing. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County Recorder of Ada County an appropriate release. DEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not been filed, this Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER, except as expressly agreed to and contained in this Agreement. It is further agreed that if Developer has entered into a Development Agreement with the City for the development of Finch Creek Subdivision, this agreement amends the Development Agreement. This agreement shall terminate on the 30th day of ,~.IJgust 199; When this agreement terminates, Developer shall have one (11 Year to complete development; if development is not completed on the 30th day of Aug su t 199,, approval of the "undeveloped lots" portion of the plat shall be null and void and any further development of the property shall require additional approval; if the developer does not complete development on or before the above date, City shall record a statement that approval for the "undeveloped lots" portion of the subdivision has been voided. This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees and successors of the respective parties. • • IN WITNESS WHEREOF, the DEVELOPER and the CITY OF MERIDIAN have executed this Agreement at Meridian, Idaho, the day of , 199_. CREEKSIDE LIMITED LIABILITY COMPANY CITY OF MERIDIAN Keith Borup Managing Member STATE OF IDAHO ) ss County of Ada ) Grant P. Kingsford, Mayor On this day of , 1995 before me, the undersigned, a Notary Public in and for said state, personally appeared KEITH BORUP, known or identified to me to be the Managing Member of Creekside Limited Liability Company, an Idaho Limited Liability Company, the person who executed this instrument and acknowledged to me that he executed the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and ;ear in this certificate first above written. (SEAL) STATE OF IDAHO ) ss County of Ada ) Notary Public for Idaho Residing at Boise. Idaho My Commission Expires: On this day of , 1995 before me, the undersigned, a Notary Public in and for said state, personally appeared GRANT P. KINGSFORD, known to me to be the Mayor of the City of Meridian and the person who executed the said instrument on behalf of said City of Meridian, 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. (SEAL) Notary Public for Idaho Residing at .Idaho My Commission Expires: • • This AGREEMENT, made and entered into this day of 1995, by and between CREEKSIDE LIMITED LIABILITY COMPANY. whose address is 38 East Ada Street. Meridian Idaho 83642 hereinafter referred to as "DEVELOPER," and the CITY OF MERIDIAN, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, DEVELOPER, is currently the Owner of all real property and subdivision lots contained in FINCH CREEK SUBDIVISION Ada County, Idaho; and, WHEREAS, DEVELOPER desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of proposed LOTS 12 THROUGH 18, BLOCK 2; LOTS 2 THROUGH 17, BLOCK 4; AND LOTS 1 THROUGH 6, BLOCK 3; of FINCH CREEK SUBDIVISION (hereafter "Undeveloped Lots"); NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: DEVs=LOPER hereby agrees that no improvements will be installed in said Subdivision lots as required by the CITY, without the prior written permission of the CITY. If DEVELOPER desires to install any of the said improvements for. said lots, then DEVELOPER shall submit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated time and cost to complete such improvements. The CITY reserves the right to require an irrevocable letter of credit or cash deposit Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER upon such stated improvements and detailed construction plans. Such irrevocable letter of credit or cash deposit Surety Agreement will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the City Standards and Spec cations in effect at that time. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit Surety Agreement has been issued and delivered to the City, or until an amended non-development agreement is agreed upon and entered into and the required improvements of said Subdivision are completed in accordance with then current CITY standards and specifications. DEVELOPER acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho to provide public notice to prospective purchasers of the temporary restraint on conveyancing. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County Recorder of Ada County an appropriate release. DEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not been filed, this Agreer+~ent is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER, except as expressly agreed to and contained in this Agreement. It is further agreed that if Developer has entered into aDevelopment-Agreement with the City for the development of Finch Creek Subdivision, this agreement amends the Development Agreement. This agreement shall terminate on the 30th day of August 199; When this agreement terminates, Developer shall have one (1) Year to complete development; if development is not completed on the 30th day of August , 199, approval of the "undeveloped lots" portion of the plat shall be null and void and any further development of the property shall require additional approval; if the developer does not complete development on or before the above date, City shall record a statement that approval for the "undeveloped lots" portion of the subdivision has been voided. This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees and successors of the respective parties. ' RUBBLE ENGINEERING, INC. 9yo oQ~ 8580 W. Bethel Court • Boise, Idaho 83708 SURVEY RANSMTTAL LETTER FOR: „ i _PK~C uPs To: '~ ` ~ ~~a ~-\, ~ ~~ t,( ~~ x'(,14..' ~ ~ .r DATE C J (208) 322-8892 • Fax (208)- 378.03 ~-~ !~ Job No: 1' t ;V1~ ~ .- ~ `til ~ `~"~, ~. '~~ Projeci:~,,: MIE ARE SENDING YOU: WE ARE PK~ONG UP _ ('See remarks) _ As Requested ~C° Attached _ Under Separate Cover, Via FOR YOUR: _ Use Information _ Record }~ Review and Comment _ Bidding _ Cost Estimating Approval THE FOLLOWING: _ Prints) _ Specifications _ Plan(s) _ _ Shop Drawing(s) - Sample(s) _ Copy of Letter Disk(s) ("See Disclaimer below) Copies Date Sheet No. Description /t t 8 % ! n Copy To: _ With Encl. By: _ With Encl. Signed: DISK DIitXAMER:~LEASE READ ANO SION). ALL USERS OF THIS ELECTRONIC DATA BHALL BE AWARE OF PREgSKNI, OR LACK OF PREgSION, THEREIN. WE ARE FORWARDING THIS ELECTRONIC OATH FOR YOUFI OONVENIENCE ONLY, NOT A8 AN ACCURATE REPRESENTATION OF TtE PROPOSED PRO.ECT. RUBBLE ENGINEERING, INC. IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED DUE TO RELIANCE OF Tii1S DATA. FOR RUBBLE ENGINEERING USE ONLY: 3 9 0 2 a,EN,.coa„ S EP t 2 1995 SUBDIVISION EVALUATION SHEET ;~f1.Y ~~. t'~1~KfU1tiA Proposed Development Name FINCH CREEK SUB City MERIDIAN Date Reviewed 8/10/95 Preliminary Stage Final XXXXX Engineer/Developer _Hubble Enor. / Creekside Development 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 Meridian City Street Name Ordinance. The followins~ proposed street names are approved to replace previously denied names if thev will fit in street signs: "WOOD THRUSH" _____ _ "MOCKINGBIRD" "REDSTART" "CATBIRD" "WARBLER" "STARLING" "REDPOLL" "FOX SPARROW" 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 CO Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor City of Meridian Representative Meridian Fire Distict Representative E, CY EPRESENTATIVES OR DESIGNE/ES Date ~~~` ~S Date % S~ ' Date ~~/ ~~f'S / Date ~ NOTE: A copy of this evaluation sheet must be presented to the Add signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 06 Section County Engineer at the time of NUMBERING OF LOTS AND BLOCKS NON-DEVELOPMENT AGREEMENT This AGREEMENT, made and entered into this _~ day of S2.n"~" , 1995, by and between E L I P whose address is 38 East Ada Street. Meridian. Idaho 83642 hereinafter referred to as "DEVELOPER," and the CITY OF MERIDIAN, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, DEVELOPER, is currently the Owner of all real property and subdivision lots contained in FINCH CREEK SUBDIVISION Ada County, Idaho; and, WHEREAS, DEVELOPER desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of proposed LOTS 12 THROUGH 19, BLOCK 2; LOTS 2 THROUGH 17, BLOCK 4; AND LOTS 1 THROUGH 6, BLOCK 3; of FINCH CREEK SUBDIVISION (hereafter "Undeveloped Lots") or more particularly described as follows: A pazcel of land located in a portion of Government Lot 2, found in the NE 1/4, of Section 6, T.3N., R.IE., B.M., Meridian, Ada County, Idaho, and being more particulazly described as follows: Commencing at the NE corner of said Section 6; thence North 89°46'40" West along the Section Line of said Section 6, 1324.76 feet to the NE corner of said Government Lot 2; thence leaving said Section Line South 00°22'17" West, 837.16 feet along the East line of said Government Lot 2 to the SE corner of said Government Lot 2; thence South 89°37'30" West along the South line of said Government Lot 2, 685.24 feet to the "Point of Beginning"; thence continuing South 89°37'30" West, 638.92 feet to the Southwest corner of said Government Lot 2; thence North 00°20'24" East, 666.84 feet along the West line of said Government Lot 2; thence South 62°39'43" East, 216.39 feet; thence North 86° 18'53" East, 125.14 feet; 95U6~2i~7 thence South 63 ° 17'22" East, 140.07 feet' thence South 36°03'56" East, 200.16 feet; thence South 54°45'53" East, 100.10 feet; thence North 89°57'20" East, 186.07 feet; thence North 61°24'24" East, 61.67 feet; r } .~L~I i~ ,~ '9~ S EP l1 F;i i 1 ~ y6 99 1 E E ~f.~ Cr ~~ _. thence North 85°34'05" East, 11.80 feet; • i DEVELOPER hereby agrees that no improvements will be installed in said Subdivision lots as required by the CITY, without the prior written permission of the CITY. If DEVELOPER desires to install any of the said improvements for said lots, then DEVELOPER shall submit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and_estimated time and cost to complete such improvements. The CITY reserves the right to require an irrevocable letter of credit or cash deposit Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER upon such stated improvements and detailed construction plans. Such irrevocable letter of credit or cash deposit Surety Agreement will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the City Standards and Specifications in effect at that time. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit Surety Agreement has been issued and delivered to the City, or until an amended non-development agreement is agreed upon and entered into and the required improvements of said Subdivision are completed in accordance with then current CITY standards and specifications. DEVELOPER acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho to provide public notice to prospective purchasers of the temporary restraint on conveyancing. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County Recorder of Ada County an appropriate release. DEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not been filed, this Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER, except as expressly agreed to and contained in this Agreement. It is further agreed that if Developer has entered into a Development Agreement with the City for the development of Finch Creek Subdivision, this agreement amends the Development Agreement. This agreement shall terminate on the 30th day of August 199 7 ;When this agreement terminates, Developer shall have one (1) Year to complete development; if development is not completed on the 30th day of A~.~,aust 199 8 ,approval of the "undeveloped lots" portion of the plat shall be null and void and any further development of the properly shall require additional approval; if the developer does not complete development on or before the above date, City shall record a statement that approval for the "undeveloped lots" portion of the subdivision has been voided. This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees and successors of the respective parties. IN WITNESS WHEREOF, the DEVELOPER and the CITY OF MERIDIAN have executed this Agreement at Meridian, Idaho, the 5f!' day of Septe~-ber, 1995. CREEKSIDE LIMITED LIABILITY COMPANY CITY OF MERIDIAN Keit Borup ~ Grant P. King\~ ~''~~.,,~~ Managing Member ``,,.~`~~'~~ ~p ~'~,f,'~%, `~ ~~ STATE OF IDAHO ) _ ~~~~~ Ss y~ ~~OM~ ``_ County of Ada ) % ~'p ~T ~~s~ • ,~ '% q P ~~ On this ~ day of ~ ~kbw , 1995 before me, the undersigned, a Notary Public in and for said state, personally appeared KEITH BORUP, known or identified to me to be the Managing Member of Creekside Limited Liability Company, an Idaho Limited Liability Company, the person who executed this instrument and acknowledged to me that he executed the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~E >`~' ~' .~o~ ~ R y (SEAL) ~ ~ 'O V ®l~C' ~ •,,,~`, Of~~~,,,• STATE OF IDAHO ) ss County of Ada ) ~ry Publi ~od~ldaho siding at Idah Commission Expires: 08 oa On this ~ day of ~~.Iew~6e, , 1995 before me, the undersigned, a Notary Public in and for said state, personally appeared GRANT P. KINGSFORD, known to me to be the Mayor of the City of Meridian and the person who executed the said instrument on behalf of said City of Meridian, 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. n .w `~ • Meridian City Council August 15, 1995 Page 77 Stiles: Yes (inaudible) Kingsford: Is there a motion to allow the City Mayor to sign and the Clerk to attest the development agreement? Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to authorize the Mayor to sign and the City Clerk to attest the development agreement for Danbury Fair Subdivision No. 5, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: NON-DEVELOPMENT AGREEMENT FOR FINCH CREEK SUBDIVISION: Kingsford: Who is dealing with that Shari or Gary? Who put that on the agenda? Will Berg? I think before we table it I would like to know what it is. Smith: Mr. Mayor and Council, there is a Creekside Development who is the developer of Finch Creek Subdivision has submitted anon-development agreement for a portion of Finch Creek. The language is similar to the Non-Development Agreement that we had for Bedford Place and Chamberlain Estates which you have acted upon earlier. In fact believe they took the same language from the Chamberlain Estates Non-Development Agreement and just inserted the different lot designations and different ownership and so forth. So it is language that has been reviewed by Wayne in the past. We are using a meets and bounds description for the lots because it is not a recorded subdivision yet as Wayne and I had discussed earlier on the Chamberlain Estates subdivision. Kingsford: Questions of the Council? Stiles: In yellow would be the lots that would be developed, the remainder of this is what the non-development agreement encompasses. Kingsford: Somehow in the back of my mind I can remember what the discussion was as to why they were not developing that, I can't put my finger on it do you recall Gary or Shari? It seems like it entailed access to some other subdivision or something, but I can't remember what that was. Stiles: Bedford Place is here (inaudible) I don't think there is anything here yet, nothing ~ • Meridian City Council August 15, 1995 Page 78 has been proposed yet. Kingsford: Was it a sewer and water issue or sewer? Stiles: Maybe it is going to the bike path here (inaudible) • Kingsford: Let's table that to the next meeting and get some more definitive answers to what we are talking about. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to table the non-development agreement for Finch Creek Subdivision until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #21: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SALMON RAPIDS: ITEM #22: COVEANTS, CONDITIONS, AND RESTRICTIONS FOR LOS ALAMITOS: Kingsford: Counselor have you reviewed those? Crookston: I have and I think there are some significant changes that need to be made. They had submitted some amendments along with that to change the minimum square size houses from 1500 to 1400. I was trying to recall what the house sizes were in there and I discussed this very briefly with Shari before the meeting started. We did not come to any consensus with where we are at on it. I think there are enough particular, some language indicates that if you constnae it in the way that it very easily can be construed you can have 950 square foot homes. I think that there is enough reason to at least either table it or approve subject to mine and Shari's comments. Morrow: My preference would be to see it tabled. Corrie: So moved Tolsma: Second Kingsford: Moved by Bob, second by Ron to table the covenants for both Salmon Rapids and Los Alamitos to the next meeting, all those in favor? Opposed? • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 5 1995 APPLICANT: CREEKSIDE DEVELOPMENT ITEM NUMBER; 3 REQUEST; 1`ABLED AUGUST 15 1995• NON-0EVELOPMENT AGREEMENT FOR FINCH CREEK AGENCY COMMENTS [, CITY CLERK: ~1 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~ ~hQ~ r~~~¢~~ a~pro" ~q I~`~ OTHER: ~ Materials presented at public meetings shall become property of the City of Meridian. • CREEKSIDE DEVELOPMENT LLC • 38 E. ADA ST. ~~CE~VED MERIDIAN, ID 83642 A(f G 3 i 995 Telephone 884-1092 ~''~ (~~ ~~~ID~N Fax 884-1094 August 29,1995 Meridian City Council 33 E. Idaho St. Meridian, ID 83642 Dear Sirs,. Creekside Development LLC understands the building market in the Meridian area to be slowing down some in 1995 and 1996.. Therefore we have decided to develop and market Finch Creek Subdivision in two phases. Phase one. is to have 15 building lots to be completed in the fall of 1995. Our plan is to start phase two when the majority of the lots in phase one are sold out, which we expect to be in the spring of 1996. Phase two will have 29 building lots. Sincerely, ~~~~ /' Bruce Borup Creekside Development LLC ~\,\~ ENG-~yF~~N • • ' .RUBBLE ENGINEERING, INC.: ~9ti~ , ~~y 8560 W. Bethel Court • Boh>:e, Idaho 83708 (208) 322-8882 • Fax (Z08) 378-0338 RANS~T~AL LETTER FOR: ~. uPs DATE Job No: Project: ~ ~ . t~lP .Gt , ~..~1.('Je-~(.~ . AWr: ; t VYE ARE SENDING YOU: _ As Requested ,Attached WE ARE PICKING UP _ ("See remarles) _ Under Separate Cover, Via FOR YOUR: Use _ Information _ Record _ Bidding _ Cost Estimating Review and Comment Approval THE FOLLOWING: _ Print(s) _ Specifications _ Plan(s) _ Shop Drawing(s) ` _ Sample(s) ~ Gopy-ei~ir.etter~(1~(~~~.) _ Disk(s) ("See Disclaimer below) Copies Date Sheet No, Description ~ L. r r~ , ,+ E f Copy To: _ With Encl. By: AUG 3 1 1995 _ With Encl. ^~ Signed:. 'a, 018K DIStXAaAER:~LEA>SE READ AND SIQ,N). ALL USERS OF Tii18 ELECTRONIC DATA SHALL BE AWARE OF THE PREOISION, OR LACK OF PR~ON, 7}EFiON. WE ARE FORWARDING TENS ELECTRONIC DATA FOR YOUR CONVBdiENCE ONLY, NOT AS AN ACOIJRATE SENTA710N OF TFE PROPOSED PROJECT. NUBBLE ENGINEERING, INC. IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED DUE TO RELIANCE OF TH8 DATA. FOR NUBBLE ENGINEERING USE ONLY: TOTAL ~ TOTAL 'rl~ TIME DELIVERED RECENED BY. ~ ~~LL ~ , ~G I ~' MLES: : : c~:- . L~ . a ...., 4726 • Planning & Zoning Commission, Mayor and Council August 15, 1995 Page 4 C~ Item 18 - Jack Miller Request to Amend Comprehensive Plan -Jack Miller has an interest in the 80 acres east of Dave Lewis's 80 acres at the southeast corner of Overland/Eagle Road. A strip of his property is shown as Mixed/Planned Use Development; the remainder as Single-family Residential. When fu~st approached about this last year, I felt confident that no Comprehensive Plan amendment would be required. After conversations with several different planners, with several different opinions, I am unsure of the need for a Comp. Plan change and would appreciate any thoughts you have on the subject, along with Counsel's opinion. Item 19 - Danbury Fair Subdivision No. 5 Development Agreement -Recommend approval -Wayne Crookston and I have both reviewed and approved this document. Item 20 - Finch Creek Non-development Agreement -General Comment -Bike path improvements along developed portion and at least temporary fencing should be installed prior to obtaining building permits. Item 21 - CC&R's for Salmon Rapids - I have not had time to fully review these changes and would defer to Counsel's opinion. Item 22 - CC&R's for Los Alamitos - I have not had time to fully review these changes and would defer to Counsel's opinion. Item 23 - A.1 -Recreation Program Grant Funds - I would be happy to assist with grant application if needed, as long as I do not have to do the administration. If I am not needed, go for it. AUG 1 0 ~~~ SUBDIVISION EVALUATION SHEET ~;~ I ~ ~.;~ ,~,~~^$~~a• Proposed Development Name FINCH CREEK SUB City MERIDIAN Date Reviewed 8/10/95 Preliminary Stage Final XXXXX Engineer/Developer Hubble Enar. / Creekside Development 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 Meridian City Street Name Ordinance. The followino existino street names shall aoaear on the slat as• "E USTICK ROAD" "N. MULE DEER WAY" "E SHARPTAIL STREET" "E STORMY DRIVE" ~• Lt~OlV~2/AJt' ~I~/~. The followino proposed street name is approved and shall appear on the plat as• "NORTH SWALLOW WAY" The followino proposed street name is over ten letters in lenQht and must have verification from Ada County His~hway District that the name will fit on a sion before it will be approved• "EAST FINCH CREEK STREET" "ROBIN" is a duplication and therefore cannot be used Please choose another name and have it approved by the street name committee The followino propose street name is approve to replace it• "N. WREN AVENUE" ~I~-Q ~~~,z{t ~Ytoa•n of~'I'~c t.~a( as ~ 111u1.E L~~fIZ ~'Ol~.123 ~~~ ( be ~~ E (!our-,Art ('12EE-C. (!C(~rz.T ~, 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 Ada County Engineer John Ada Planning Assoc. Terri Rayner - City of Meridian Representative Meridian Fire Distict Representative AJllll EE, Y EPRESENTATIVES OR DESIGNEES ~~ a Date ~ 0 _~ 1 . C ti.-.... ~ -~-~. Date / 4~ ~ ;~ ~ i- Date / o f S -~, ` Date IG NOTE: A copy of this evaluation sheet must be presented to the Add signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 06 Section County Engineer at the time of NUMBERING OF LOTS AND BLOCKS CENTRAL • •• DISTRICT ~i'~HEALTH DEPARTMENT MAIN OFFICE ~ 707 N. ARMSTRONG PL. ~ BOISE, ID.83704-0825 ~ (208) 375-5211 ~ FAX: 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 94-528 November 10, 1994 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE ID 83702 RE: FINCH CREEK SUBDIVISION Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on November 9, 1994. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, ~~~~~ Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Director HUD City of Meridian Creekside Ltd. Liability Co. Hubble Engineering Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office WIC Base • Mefidan Elmore County Office Elmore County office Vafiey County Office 107 N. Armshong p. 1606 Robert St. 520 E. 91h Sheet N. of Environmentd Health P.O. Box 1448 Boise, ID. 83104-0825 Borse, ID. 93705 Mountain Home. ID. 190 S. 4th Sheet E. McCdl, ID. 83638 Enviro. Health: 327-7499 Ph. 334.3355 83647 Ph. 587.4401 Mountain Home, ID. Ph. 634.7194 Family Planning: 321.7400 324 Meridian Rd. 83647 Ph. 587-9225 Immun¢ations: 321.7450 Meridian..D. 93642 Nutritbn: 321.7460 Ph. 888.6525 WIC: 321.1488 RECEI°iTEi~ N 0 V - 7 1994 (:ITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 1 November 19 9 4 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Jim Merkle Boise 345-2431 Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 Re: Finch Creek Pressure Irrigation System Dear Jim: The Nampa & Meridian Irrigation District has completed a review on the above mentioned project. If the project is constructed according to the plans, it will meet the District's construction specifications. If the developer plans to have Nampa & Meridian Irrigation District operate and maintain the pressure irrigation system, a contract with the District will be required. We will need a title which conveys the pumping facility to the District. As there may be additional requirements, Daren Coon, Nampa & Meridian Irrigation District's Secretary/Treasurer, should be contacted as soon as possible. Please feel free to call me if you have any further questions. Sincerely, Bill Henson Assistant Water Superintendent pc: Each Director Secretary of the Board _,°~ ~ ~~~` District Water Superintent'Cent~-~- '`~ ~-------~ ~ ~ ~ ~~,? ~ `"L __1` Steve Mahaffy - - , ~..~~'~, . ; ,1 ~~s~ John Sharp _ ~~:~ _ ~ '~ ~' 1 ~~ ~_., ~~~ of Meridian: ~ f` _ '- ',.', Ada, County Development Services ~ ~> ~' Rider;. 3' ~ ,~ ~ ~ ~ ,_ Fa_le - ._ ~ . ,. ' APPROXIMATE IRRIGABLE ACRES ' RIVER PIOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 AtlG Z 9 1~4 C~'TY OF M~~1~~~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 4 August 19 9 4 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Jlm Merkle Boise 345-2431 Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 Re: Revised Finch Creek Subdivision Dear Jim: Nampa & Meridian Irrigation District has reviewed the revised plans for the above mentioned project. If this project~is constructed according to the plans, it should meet the District's needs. We will need a License Agreement for storm water discharge and, in the same agreement, we should address tis~ piping ~~ ~ha ~„~~ Lateral and any encroachments proposed within the easement of this facility. Please contact Andy Harrington at 342-4591 and request that he prepare a License Agreement for this work. Once the License Agreement has been signed by the developer and returned, it will go in front of District's Board of Directors for their consideration at the next available board meeting. Anywhere that a Nampa & Meridian Irrigation District easement crosses a street, the District requires rolled curbing (not square cut) so that our equipment can course through without tearing up the sidewalks or our equipment. Contact me if further discussion is required regarding this matter. Sincerely, ' _, , - ._ John P. Anderson - ~ _ ~ ,;~, -, ~' .:~D,istrict Water Superintendent ~~ ~ ~ ' ` Each Director ~ ~ '` ~~ " I~ Secretary of the Board An y Harrington ity of Meridian Ada County Highway District Ada County Planning Association Bill Henson Rider 3 APPROXIMATE IRRIGABLE ACRES F i 1 e RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS • 40,000 • AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS AT LAW GRANT >w AMBROSR (1915.1%8) JOHN O. F17ZGERAID, P.A. wAVNE G. CROOK3fON, IR, P.A. WILLIAM J. SCNWARTZ JOHN O. F1IZGERALD 1I., P.A. 1530 WEST STATE - P.O. BOX 427 MERIDIAN, IDAHO 83680 ' THIS FIRM INCLUDES PROFESSIONAL CORPORATIONS July 6, 1994 TRLRPHONE (298) 888A461 FACSIMILE (ZOS) 888.3969 RECEIVED JUL -1 1994 CITY OF ~1~~-r~iE~N Will Berg City Hall 33 E. Idaho eve. Meridian, ID 83642 Dear Will: Please find enclosed a copy of the Finch Creek Subdivision Restrictive Covenants on which Mr. Crookston has made changes to be made. If you have any questions, don't hesitate to call. Ve truly yours, J anne Demster Secretary for WAYNE G. CROOKSTON, JR. /jld Enclosure f a ` ~ i G~ ~~YruG~Y Cif l~cKjurr~~v .. CI FINCH CREEK SUBDIVISION RESTRICTIVE COVENANTS The undersigned, being the owners of the property hereinafter described, do hereby adopt the following protective covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be known as FINCH CREEK Subdivision, a portion of the N 1!2 , of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. The Said FINCH CREEK Subdivision is divided into single family residential lots in compliance with the local and state regulations and laws. NOW THEREFORE, in consideration of the foregoing, the Declazants do hereby declaze that the following Protective Covenants, Conditions and Restrictions: 1. Shall become and aze hereby made a part of all conveyances of all lots within the plat of FINCH CREEK Subdivision, recorded on the day of 1994, in Book of Plats at Pages of the records of Ada County, State of Idaho; and, 2. Shall by reference become a part of any such conveyance and shall apply thereunto as fully and with the same effect as if set forth at lazge therein. The following covenants shall run with the land and be in force and effect as outlined below unless or until terminated by agreement of the owners of seventy-five percent (75%) of the land in the subdivision and after all lots therein have been sold by Creekside Development, hereinafter called "Developer". Modification or termination of these covenants can only be made with the consent of the Developer while any lots in the subdivision remain in the ownership of the Developer, and aze as follows: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefore, including exterior color scheme, has been approved in writing by the Architectural committee. The approval of the Committee shall not be unreasonably withheld if the said plans and specifications aze for improvements which aze similaz in general design and quality, and generally in harmony with the dwellings then located on said property. (2) Variances in building set-back requirements shown on plat may be given by the Architectural Committee upon proper showings and so long as the Meridian City ordinances on set-backs aze met. Page 1 ~ ,~ • • (3) The ground floor area of the one-story house in this subdivision shall not be less than 1350 square feet on the ground floor excluding covered porch azeas, breezeways, garages or patios. Two-story and tri-level homes shall not have less than 1500 squaze feet, exclusive of the covered porches, entrances, garages or patios. (4) The design of each house in this subdivision shall include aesthetic qualities such as brick, stucco, or stone facings on the front exposure, bay windows, roofs of at least 4 in 12 pitch, broken roof lines, gables, hip roofs, etc. Exterior colors of earth tones or grays shall be encouraged. Bright or bold colors or very dark colors shall be discouraged. (5) No gravel roofs, or moving of pre-built homes into subdivision. (6) All lots shall be provided with a driveway containing a minimum square footage such that two off-street automobile parking spaces are provided within the boundaries of each lot. (7) All such parking area requirements shall be exclusive of a required attached and enclosed two car garage area which will hold no less than two cars. (8) For the purpose of the covenants, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No building shall be in excess of two stories above natural ground level. (9) Fences shall not extend closer to any street than twenty feet (20), nor higher than six (6) feet without express approval of the Architectural Committee and Meridian City, and shall be of good quality and workmanship and shall be properly finished and maintained. The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, noxious or nuisance use exists. All fence heights and locations must comply with Meridian City Ordinances. (10) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof, to be completed within eight (8) months. (11) Landscaping of front yazd is to be within 30 days of substantial completion of home, or within 30 days of occupancy, to include but not be limited to sod or seed in front yard, one flowering tree of at least 1 1/2" caliper, three (3) five gallon plants, and five (5) one gallon shrubs. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Grass will be planted in the back yard within six months of occupancy. Page 2 • • (12) Each home is to have aphoto-sensitive yard light installed such that the front yard area between the house and the front property line is illuminated. The light is to be designed to automatically switch on at sunset and off at sunrise with a minimum bulb power of 60 watts. . (13) No residential building shall be moved onto the premises. (14) No shack, tent, trailer house, or basement only, shall be used within the subdivision for living quarters, permanent or temporary. (15) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than four (4) inches. (16) Keeping or raising of farm animals or poultry shall be prohibited. All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. Not more than two dogs and/or cats or other pets may be kept at .one time, except that a litter of young may be kept until eight (8) weeks old. Any other requests by lot purchasers must be approved by the Architectural Committee. (17) No business shall be conducted on the above property unless legally permitted under the existing and prevailing zone restrictions. If permitted, no business or commercial use shall be allowed that cannot be conducted within the residence of the owner. No signs shall be installed to advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. (18) Only two (2) outbuildings per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property and must be approved by the Architectural Committee. (19) Additional easements: In addition to any easements shown on the recorded plat, an additional five (5) foot easement may be reserved five (5) feet on any side of all other easement lines, if necessary, for the installation and maintenance of utilities, imgation and drainage. (19-A) Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction or flow of water through drainage channels in the easements. Page 3 • • (19-B) The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. (20) This subdivision is within the Nampa-Meridian Irrigation District and subject to any and all assessments of said district. The developer has made provisions that provide for delivery of irrigation water to the individual lots. The actual operation and maintenance expense of said system is the obligation of the lot owners, and Nampa- Meridian Irrigation District. (21) 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 wet line sewer connection lines. (22) No sign of any kind shall be displayed to public view on any building or building site on said property except a professional sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during the construction and sales period. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the Declarant or its agent may post a "sold" sign for a reasonable period of time following a sale. (23) No lot or building site included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. (24) Parking of recreational vehicles, boats, trailers, motorcycles, trucks, truck-campers and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or other approved enclosure, such as a privacy fence, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property or on public ways adjacent thereto shall be prohibited except within garages, carports, or other approved areas. The Architectural Committee shall be the sole and exclusive judges of approved areas. Their decision is final and binding. (25) No machinery, building equipment or material shall be stored upon site until the Grantee is ready and able to commence a construction with respect to such building materials which then shall be placed within the property line of such building site upon which the structure is to be erected. (26) Installation of radio and/or television antennae or satellite dishes is prohibited outside any building without written consent from the Architectural Committee, which would require them to be screened from street view. Page 4 • • (27) These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of this recording thereof, after which time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument, an instrument signed by the owners of 75% of the land of this subdivision has been recorded agreeing to change or terminate said covenants in whole or part and after all lots therein have been sold by the Developer. Modification or termination of these covenants can only be made with the consent of the Developer so long as any lots in this subdivision remain in Developer's ownership. (28) Enforcement against any person or persons violating or attempting to violate any covenant herein after ten (10) days notice thereof in writing served on the offending party, shall be had by any property owners within said subdivision either at law or equity. In the event of judgment against any person for such the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees and Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. (29) Any Owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. (30) A committee of three persons shall act as an Architectural Design Committee and shall, prior to any new construction in said subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located in said subdivision and shall be allowed ten (10) days to review said plans, drawings, and specifications. If said committee shall approve of the proposed building, or modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by a member of the committee, and their approval shall be construed as full compliance with the provisions of Paragraph One (1) of the original covenants. Said committee shall have sole discretion to determine what shall be substantial compliance without prior consent of said committee. Ap}~roval by rc itectural o mi ee• No building or structure, including fences, swimming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications as to the quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation have been submitted to and approved in writing by the Architectural Control Committee. Exterior Finish: The exterior of all construction on ay lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping within the project. Exterior colors shall be of the flat, not-gloss type and shall be limited to subdued tones. Exterior colors must be approved by the Architectural Control Committee. Page 5 i,~ .~ i ~- Liability- Neither the Architectural Control Committee nor any member thereof shall be liable to any owner, occupant, builder or developer for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. Nonwaiver: Consent by the Architectural Control Committee to any matter proposed to it and within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similaz matter thereafter proposed or submitted to it for consent. The committee shall consist of the following: 113 5 E. Ustick Rd. 460 N. 26th St. 9697 Whirlaway Meridian, Idaho 83642 Boise, Idaho 83702 Boise, Idaho 83704 J. Luis Rivera Bruce P. Borup Reed S. Borup After the developer has sold all the lots in this subdivision, the Architectural Control Committee shall be turned over to the residents of the subdivision and not before. Amending these covenants shall not affect this provision. A majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to or fails or desires not to act, the remaining committee members shall appoint over a lot in said subdivision to serve on said G~%~~~ committee, all of whom serve withou compensation. (31) Finch Creek Homeowners Association shall be formed to maintain the common easement lot, and the surface drainage disposal system in Finch Creek Subdivision. The Association has duties and obligations not covered in this declazation, and aze set forth iri the Articles and Bylaws of the Association recorded in the office of the Recorder of Ada County, Idaho, which by reference herein becomes part of this Declazation. The Association has the authority to ass f above mentioned azeas; however, th Associati~oes not have any power to assess the •esidentia ots of the s or any other purpose whatsoever. ~ (32) Damage to Improvements: It shall be the responsibility of the builder of any ~(,~ ~ residency in this subdivision to leave street, curbs, sidewalks, fences, and tiled irrigation jf • ~ lines if any, and utility facilities free of damage and in good and sound condition at the I conclusion of the construction period. Fine grading on each individual lot shall be required to conform to the master drainage plan of the subdivision. It shall be ~~~~ conclusively presumed that all such improvements aze in good, sound condition at the time building is begun on each lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, ~~ otice addressed to a member of the Architectural Committee. (33) Invalidation of one of these covenants shall in no way affect any of the other provisions which shall remain in full force and effect. G~~ Page 6 Meridian City Council August 2, 1994 Page 2 ITEM #4: TABLED AT JULY 19, 1994 MEETING: FINCH CREEK FINAL PLAT: Kingsford: Does Council have any question of staff or the developer? Morrow. Could we have a brief review of as to why that was tabled? Kingsford: Who would be the most likely candidate, Shari would you maybe have a summary as to how that ended being tabled, Finch Creek. Morrow. It was tabled at request but it was a request of the applicant apparently. Corrie: Yes, by Mr. Borup. Stiles: Mr. Mayor and Council the meeting prior to that we tabled it to allow review of. the CC&R's and then for some reason they requested that it be tabled I don't know if that is because they weren't sure Mr. Crookston's comments had been met or not. Kingsford: My recollection is that was the only reason, does that meet with everyone's recollection? Morrow. Yes, so my question would be to the Counselor, have those CC&R's been done in the proper format? Crookston: I have reviewed them, it is my understanding the Borup's did not receive those from the City until yesterday or today so they don't have the changes that I suggested into them. 1 suggested to them that the Council might be able to approve the plat subject to those CC&R's being approved. Morrow. Approved by who? Crookston: By the Council. Morrow. So we won't see those until the 16th is that correct? Kingsford: I think that would be true but by the same token the City Clerk and City Engineer wouldn't sign them until that has been done as well. Morrow. Would not sign the plat? Kingsford: Would not sign the plat so it wouldn't go fonnrard if you condition it in that regard. Any other questions of the Council? • Meridian City Council August 2, 1994 Page 3 C~ Corrie: Let me see if I am understanding everybody right we won't approve this until the 19th so in other words we would table it until the 19th? Or we would approve it based upon our own Kingsford: That is up to you, what Mr. Crookston is suggesting is that the Council could approve it conditioned upon those being changed and meet with Council approval which would, if you are satisfied with them, if you are satisfied that the attorney review those and meet his approval I think you can condition it to that as well. . Corrie: In other words, each of us has to look at it and approve or (inaudible) Kingsford: You can grant the attorney the domain to approve it if you want to, or the Planning Director, or you could table it there are a lot of things you could do with it. Crookston: I probably reviewed those at least 2 weeks ago. Kingsford: What was the nature of your comments counselor? Crookston: There was something to do with the covenants, conditions and restrictions, there was some wording differences to be changed. Kingsford: They provide for mandatory homeowner association? Crookston: Not to my knowledge. Morrow. I think the other issue there with respect to Mr. Smith's easement for the sewer route (inaudible) addressed in those CC&R's was that an issue that was not quite clear yet also? Crookston: I don't recall that, you would have to ask Gary about that one. Kingsford: Gary, did that involve an easement on Finch Creek, a sewer easement? Smith: Mr. Mayor and Council members there is a common lot that was provided by Finch Creek for the sewer line from Howell Tract through Finch Creek and to Tract Subdivision. And the developer and engineer revised the lot layout in that particular corner so we do have the 20 foot wide common area and centered the sewer line in that common area. And that took care of that problem. Morrow. Did not the CC&R's needed to address the maintenance specifics with respect to that common lot also is that correct? Was that part of the issue? • Meridian City Council August 2, 1994 Page 4 Smith: I don't recall that was part of the issue, they do have a requirement for the homeowners association to be formed in this copy of the covenants that I have. I made a few comments on that and transmitted it to Wayne and they were just minor things. They had the subdivision in the wrong section in the preamble of the covenants. Tolsma: (Inaudible) Mr. Corrie asked the question is it a mandatory homeowners association and Mr. Borup said yes. Smith: It is in the copy of the covenants that I have that I reviewed, item 31 on page 6 ~~ says, the Finch Creek homeowners association shall be formed and maintain the common easement lot and the surface drainage disposal system in Finch Creek Subdivision." Crookston: The problem with that is it says shall be formed, the covenants don't in fact bring that to formation. I think that is a problem in doing it that way, because we never know that the homeowners association is in fact formed. Kingsford: That is like anything else in the covenants Wayne if it is stated like that it is a violation of the covenants and anyone could pursue that through litigation is that not right? Crookston: That is true, it is just, my opinion, better to have it formed right up front and that is what the Council is approving. That is the way most of them are done. Morrow: I think Mr. Mayor, and for purposes of discussion I won't make a motion but it appears to me that all of these technicalities ought to be handled before we take any further action. And if the development folk have not had an opportunity to read Mr. Crookston's comments they may not wish to comply with his comments so it looks to me like we are leaving quite a few things in a gray area that probably would be more comfortably handled by us if they were ironed out prior to being brought to us. It is an observation. And I would entertain the observations of the rest of the Council I guess. Kingsford: I think my recommendation, Ifeel comfortable with Wayne's review of those changes if they are met. I certainly have no problem with the Council approving conditioned upon that. And again like I said those signatures wouldn't be prescribed to the Final plat unless that was done. I think that is something that can take place in 2 or 3 days versus 2 weeks and I don't know what the developers time table is, but he would be waiting 2 weeks for another Council meeting and I think it is something that is basically just technicalities. That I agree with you need to be remedied but it can be remedied very rapidly. Corrie: Mr. Mayor, I would go along with you, if it is mandatory for the homeowners association, not shall but it will, because I am still getting phone calls of areas that don't l~J Meridian City Council August 2, 1994 Page 5 have it and there are areas that they don't have clear, covered and mowed and they are fighting among themselves and I would like to see that in there if it can be done. I have no problem with that. Kingsford: Other comments, is there a motion? Morrow: Mr. Mayor, I would move the final plat for Finch Creek be approved subject to compliance with the Council and City Attorney's recommendations with respect to the CC&R's and the approval of staff conditions. Corrie: Second Morrow: Moved by Walt, second by Bob to approve the final plat for Finch Creek subdivision conditioned upon the CC&R's being reviewed and approved by the City Attorney and other staff conditions be met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED AT JULY 19, 1994 MEETING: BEDFORD PLACE PRELIMINARY PLAT BY BRIGHTON CORPORATION AND RUBBLE ENGINEERING: Kingsford: Does Council have questions on Bedford Place? Morrow. I think we need to see a presentation by the development folk, the tabling of this was at their request. It has been a month since we have heard anything concerning this. Kingsford: Mr. Wardle. Wardle: Mr. Mayor, members of the Council, I think the issue that come up heard when the Council received the findings of fact and conclusions of law and that has been many weeks ago, I don't remember the date. It was at least early July. At that time the issue that was decided was that the requested R-8 zone that the application of an R-4 would be applied to the parcel and at that time I believe Mr. Turnbull who is here requested that the Council defer final action and acceptance pending the opportunity to discuss those issues and at the last meeting it was simply the fact that not all of those discussions had taken place. So, rather than to address them we simply asked for a delay for the additional 2 weeks. I believe and I don't know exactly what the action was, whether they had been adopted at that previous meeting to whether it was still an issue on the table. But the issue on the subdivision plat was held quite some time ago. Just for a brief review, this particular parcel is in fact contiguous to the subdivision that you just considered, Finch Creek plat lies just to the east. Fothergill Estates lies to the south, the area in this . -, ~ • • MERIDIAN CITY COUNCIL JULY 19 1994 The regular meeting of the Meridian. City Council was called to order by City Council President Ron Tolsma at 7:30 P.M.: Members Present: Walt Morrow, Bob Corrie, Max Yerrington: Others Present: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, R.L. Miller, Mr. & Mrs. McMillon, Mr. & Mrs. Ralee, Grey Oyama, Laraina Oyama, Jack Siem, Leonard Reed, Linda Gurder, J. Hanson, Morgan and Marilyn Plant, Archie Roberson, Paul Geile, Frances Margulieux, Alan and Carol Fox, Bob Neufeld, Wayne Forrey, Elwood Rennison, Gary Burson, Tammy deWeerd, Diana Brunello, Vem Alleman, Dean Langley, Gene Smith, Jim Davis, Jack Riddlemoser, Kim Trout, Gary Lee, Jan deWeerd, Lilian Tulley, Floyd Madsen, Linda Cope, Alan Capner, Brad Luna, Rebecca Cope, Mike Preston, James Witherall, Ann Witherall, Dan Torfin, Dennis Baker, Mike Peterson, Wayne Stolfus, Jim Merkle, Ron Henry, Craig Groves, Dean Langley, Steve Bradbury: MINUTES OF PREVIOUS MEETING HELD JULY 5, 1994: Tolsma: Any additions, corrections or deletions to that? Corrie: Mr. Mayor, I move that they be approved. Yerrington: Second Tolsma: Moved and seconded to approve the minutes of July 5th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED AT JULY 5, 1994 MEETING: FINCH CREEK FINAL PLAT: Tolsma: The applicant requested a table. Morrow: So moved Corrie: Second Yerrington: Mr. Mayor, before you vote I think there should be a date certain. Morrow: August 2nd. Tolsma: Its been moved by Walt second by Bob to table the Finch Creek final plat application, all those in favor? Opposed? ~ ~ ~ ~ • Meridian City Council July 19, 1994 Page 2 MOTION CARRIED: All Yea ITEM #2: TABLED AT JULY 5, 1994 MEETING: CROSSROADS SUBDIVISION NO. 3 FINAL PLAT: Tolsma: Have you had a chance to check that over? Corrie: Mr. Mayor, refresh my mind why was the applicant's request that we table this, what was the reason again? Can anyone on Council enlighten me on why this was tabled? Morrow: I know it was simply tabled at the developer's request there was no expansion on it. Corrie: Is the developer here, maybe he can enlighten us. (Inaudible) Corrie: I guess my next question is has staffs questions been answered and we have a lack of staff here, did they all fly away? Shari I had a question on the Crossroads Subdivision was asked to be delayed for the applicants for staff questions, did that ever get taken care of, are you aware of it? Stiles: I wasn't aware of what had to be done on that I thought it was just at their request last time. Corrie: It was to meet staff questions, I understand did they meet with you and answer your questions? Stiles: 1 didn't have any on that, maybe Gary did. Corrie: Gary, can you help us on this one Crossroads? Smith: Mr. President, Council members, I did receive a revised legal description for the boundary of the subdivision. I think I had a couple other comments. Morrow: Did you questions have to do with the turnarounds on Congressional and Eisenhower Drives and the lot area of Lot 23 and Block 8 is less than 8,000 square feet? Smith: Right, as I understand it the Ada County Engineer is not allowing subdividers to plat for a turnaround so they either have to make provisions on the subdivision plat or their - ~ • Meridian City Council June 21, 1994 Page 16 Johnson: They do Morrow. Dues capabilities and those types of things, and the pressurized irrigation issue is covered? Johnson: Yes it is covered, we are not using Nampa Meridian water we are using a well on the property to try and keep the water cleaner. Morrow. I have no other questions. Kingsford: Any other questions from the Council? What is the Council's pleasure? Morrow. Mr. Mayor, I would move we approve the final plat of the Landing No. 7 subject to staff approval, City Attorney review and approval of the CC&R's and a development agreement as it may be needed. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the final plat of the Landing NO. 7 subject to staff approval, City Attorney's review of CC&R's and the development agreement and as necessary, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: FINCH CREEK SUBDIVISION , 45 LOTS BY CREEKSIDE DEVELOPMENT, INC.: (End of Tape) Kingsford: Council have any questions of Staff or the developer on that? Morrow. I would like to have Gary, Gary has 12 comments on his letter to us, I would like to have him address those. Smith: Mr. Mayor, Council members, the developers engineer has given me a letter addressing my comments and all of his comments answer my questions. We do apparently have one small item that we will need to work out and that is the width of the lot that caries the sewer line between Finch Creek and Howell Tract. It is a deep sewer, it is the interceptor, the South Slough Interceptor lines. I wanted to make sure we had adequate width if we ever had to access that thing. Technically we have been using 20 foot wide common area lots with an easement dedicated over that lot for the sewer line and • • 1 .1 Meridian City Council June 21, 1994 Page 17 they propose a 15 foot wide common area. Morrow. How deep is the sewer line approximately? Smith: It is 13, 14 foot deep I think, something like that. Tolsma: (Inaudible) Smith: Yes, it is that narrow lot #4 -Block 2 that is the common area lot. Morrow. That type of depth I would support the 20 feet. Smith: It is not so much a problem when you get a hole dug to get a box in there if you had to, a trench box to get to the sewer line, but it is getting the hole dug and getting started that creates problems. Tolsma: (Inaudible) Smith: Well, it will be used as a connector pathway, it will be a paved accessway. Tolsma: (Inaudible) Smith: Yes, there will be ballards placed at each end of it to prevent vehicular traffic, but bicycles and pedestrians can move through there. One question I might ask the developer, Mr. Borup called me today and said that they are not proposing to have a homeowners association in this subdivision. Typically the homeowners association would maintain this common area lot. This is the only common area lot that is shown in the subdivision and it was his feeling, he doesn't want to get involved in a formation of a homeowners association for only the maintenance of the 20 foot wide lot. Which will be asphalt paved and will be very low maintenance. His question to me was could he deed the lot to each one of the adjacent homeowners so they could maintain half of the width. My answer to him was I don't know. Kingsford: Well, we get right back to where we don't have access if we need it. Smith: Well, that was my concern even though we have an easement below that common lot. What does this do to us as far as access, I was going to direct that question to Wayne and see what kind of an answer I can give Mr. Borup. Kingsford: Counselor do you have an answer to the question? .. ~ ~ • Meridian City Council June 21, 1994 Page 18 Crookston: Well, this is a (inaudible) matter, it is going to be paved I don't see homeowners wanting to take care of that. Which means it could be maintenance of the pavement, it is one thing to mow an area as it is to doing patches for potholes. Kingsford: Well, asphalt that is not used has a tendency to have things grow through it as well. Corrie: Who would take care of it if there are potholes and somebody gets hurt? Kingsford: Liability Smith: His proposal is the adjacent lot owners would, of course he is the one that developed the subdivision then he is out of the picture and the adjacent lot owners need to address any problems that would occur there. Somebody brought the question of liability, I don't know what happens if a couple of bicyclers collide on that pathway. Is there some kind of inferred liability someone? Crookston: Well, if someone owns the property, let's say the adjacent property owners it is their responsibility to keep it in good shape if it is going to be used for access. That is a question in itself that the lot owners, 1 can't see them desiring to take that liability on. Kingsford: Likewise retainers to keep vehicular traffic-off of it if they are not painted and maintained you have liability. I think you need a form of homeowners association. Crookston: With a homeowners association you incorporate it, it probably needs to have some insurance, but their liability are for the assets that are within that corporation which probably would be minimal. I think that is the way to go. Morrow. I think my feelings here are I. don't like to see subdivision without homeowners associations. Not only in this case that deals with a specific issue but we are talking about a subdivision that has 44 houses, pretty good size subdivision. I think subdivisions with homeowners associations function better, they end up looking better long term. They are self governing and there is a certain amount of pressure with well done homeowners associations for everybody to keep their places up and accessible in terms of having a nice curb appeal and so on and so forth. This is an R-8 zone, it does have the normal 1350 square foot house, it does have the minimum lot size, it appears to me that it is one of those situations where as a City we want to put the best face on those subdivision and if you have a homeowners association it helps to accomplish that. So, I would be in favor of having a homeowners association with dues levying capacity and it looks to me like from a liability standpoint that solves a large part of the problem with respect to the lot for the sewer. • • • _ .. Meridian City Council June 21, 1994 Page 19 Kingsford: Other comments from the Council? Corrie: I agree with Walt 100%, rather than repeating what he said. Smith: I would like to thank (inaudible) from Hubble engineering for getting some comments back to me, I am afraid I had a little short notice on ge#ting those comments out and they responded immediately so I appreciate that. Kingsford: What is the Council's pleasure? Morrow. I think Mr. Mayor I would move to table this until our next regular scheduled meeting, pending the formation of a CC&R's that have a homeowners association with dues capacity as part of the subdivision. I think that maybe, although the other things needs to be taken care of are minor in nature and the staff can handle those that i think it makes sense here that we go on record as wanting the homeowners association and wanting the 20 foot easement area for access to the sewer line. So, I think I would be in favor of tabling that until we have that area covered. Corrie: Second Kingsford: Moved by Walt, second by Bob to table this until the next meeting, requesting a homeowners association as specified in the CC&R's, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR FIRE LIGHT ESTATES BY RUNNING BROOK ESTATES AND RUBBLE ENGINEERING: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Gene Smith, 9550 Bethel Court, Boise, was sworn by the City Attorney. Smith: Mr. Mayor, members of the Council, I come before you this evening to request your approval of the annexation and zoning of a parcel of land located on the west side of Ten Mile Road, south of Ustick, approximately 250 some odd feet south of Ustick. The parcel contains approximately 8,14 acres of land and we are requesting an R-4 zoning designation from the current RT classification. This R-4 zoning is consistent with the surrounding adjacent property and we believe it to be an applicable use. It is a little confusing in the fact that we had the annexation, zoning and preliminary plat brought to P & Z, they approved recommends#ion for the annexation and zoning to come to Council • MERIDIAN CITY COUNCIL MEETING: June 21 1994 APPLICANT: CREEKSIDE DEVELOPMENT INC. AGENDA ITEM NUMBER: 14 REQUEST: FINAL PLAT• FINCH CREEK SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS COMMENTS FORTHCOMING COMMENTS FORTHCOMING "REVIEWED" SEE ATTACHED COMMENTS i~<~ 1 ~Y" ~~ I~ ~/ ~ ~' J ~(,/~/~ i,N <lJ ~" ~ J~ V V'' /_ ~~ ~ U" HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA CITY OF MERIDIAN GARY D. SM THS P.E. City Engineer W pT W. MORROW BRUCE D. STUART, Water Works Supt. waste water supt. JOHN T SHAWCROFT 33 EAST IDAHO SHARI STILES , . KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN ,~~»a $~nA~!4 strator ~ ~~ W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney , Phone (208) 888-4433 ~ FAX (208) 887813 +-~ J~ Chairman - Planning R Zoning Public Works/Building Department (208) 887-2211 J U N a ~ f~~/} GRANT P. KINGSFORD V . ~; ~-. +rt~~~ >:ar ~; i~id~ ~~ Mayor . .~+ I C TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: June 14 TRANSMITTAL DATE: 6/7/94 HEARING DATE: 6/21/94 REQUEST: Final Plat for Finch Creek Subdivision BY: Creekside Development and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and west of Locust Grove 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 8t FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RE TION(PRELIM 8t FINAL PLAT) CITY FILES ~ i/ OTHER: " YOUR CONCISE REMARKS: OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chiet WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN W°~ W MORROW 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 ~ ~ C ~ $I(aRr~ning Administrator ll ~/ JOHNSON Phone (208) 888433 • FAX (208) 887813 ~ Cr~i~~n • Planning 6 Zoning Public Works/Building Department (208) 887-2211 JUN ~ f 'T GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: June 14 TRANSMITTAL DATE: 6/7/94 HEARING DATE: 6/21/94 REQUEST: Final Plat for Finch Creek Subdivision BY: Creekside Develoament and Hubble Enaineerincl LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and west of Locust Grove Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES , / OTHER: 0 _ ~~ ' 9 `7 YOUR CONCISE REMARKS: 'Tl,~¢r~¢ AQ~ So~.,Q, SMaGC,_fo f sn/ f~iiS S~ hA<<o,'sian). 77t.~ Car-~~. onJ Lo .,,, 0'1 TEAS ~ ~ .,~~ Sic y s itJ..¢ sec( r.e. ?3u ; (Ai its i 3 Sfpr t ec9 . ,~(-U~ ~ow~/S S R.ECEi`~~ED 2 , Q ~~ - JUN 1 , 1994 ~- CITY OF M~RI1DiAN 1 SUPERINTENDENTOFSCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911MERIDIANSTREET MERIDIAN,IDAH083642 PHONE(208)888-6701 June 16, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Finch Creek Subdivision Dear Councilmen: ~ECEI~IE~ JUN 2 ~ 1994 Cj'~ 1~ ~~[' 1~eL.liiy~rr'~ii~l I have reviewed the application for Finch Creek Subdivision and find that it includes approximately 44 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Meridian High School. Due to overcrowding at Chief Joseph Elementary students from this subdivision will be bused to Lake Hazel Elementary. Using the above information we can predict that these homes, when completed, will house 19 elementary aged children, 13 middle school aged children, and 12 senior high aged students. At the present time Chief Joseph Elementary is at 118 of capacity, Meridian Middle School is at 130 of capacity and Meridian High School is at 116 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. • We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, ~,~.. ~'Za~.1i~- Dan Mabe Deputy Superintendent DM:gr • 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 Chiet W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor and City Council From: Gary D. Smith, PE RE: FINCH CREEK SUBDIVISION (Final Plat) June 20, 1994 I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. This plat conforms to the lot arrangement and street alignment approved as a preliminary plat. 2. Some street names have been changed from preliminary plat. A letter of approval for these changes will be required from Ada County Street Name Committee. 3. Plat is lacking some witness corner monuments and dimensions to witness corners. Should a boundary monument be referenced along the north side of Lot 10 -Block 2. 4. An easement for both the Finch Lateral (South Slough) and the Onweiler Lateral needs to be shown with approval from the Nampa Meridian Irrigation District of the realignment of both laterals. 5. Plat needs Land Surveyor stamp, date and signature. 6. The minimum house square footage of 1350 needs to be noted. 7, On Sheet 2, lines 12, 14, and 15 of the legal description are missing the book and page numbers. Also, line 26 has a measurement of 489.95 feet and the sum of the lots equals 484.95. Also, line 25 has acall-out that doesn't show on the plat. 8. The west boundary needs to show a "formerly described" notation as described in the legal description. 9. Owners need to sign the Certificate of Owners with acknowledgement. u 10. Show Lot 4 -Block 2 width as 20 feet for the sanitary sewer line easement. 11. What is the purpose of the 5/8" iron pin shown along the west boundary of Lot 1 -Block 27 12. Submit a mathematical closure for the lot area of Lot 1 -Block 4 v • • CINCH CREEK SUBDIVISION RESTRICTIVE COVENANTS The undersigned, being the owners of the property hereinafter described, do hereby adopt the following protective covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be known as FINCH CREEK Subdivision, a portion of the N 1/2 , of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. The Said FINCH CREEK Subdivision is divided into single family residential lots in compliance with the local and state regulations and laws. NOW THEREFORE, in consideration of the foregoing, the Declarants do hereby declare that the following Protective Covenants, Conditions and Restrictions: 1. Shall become and are hereby made a part of all conveyances of all lots within the plat of FINCH CREEK Subdivision, recorded on the day of 199 in Book of Plats at Pages of the records of Ada County, State of Idaho; and, 2. Shall by reference become a part of any such conveyance and shall apply thereunto as fully and with the same effect as if set forth at large therein. The following covenants shall run with the land and be in force and effect as outlined below unless or until terminated by agreement of the owners of seventy-five percent (75%) of the land in the subdivision and after all lots therein have been sold by Creekside Development, hereinafter called "Developer". Modification or termination of these covenants can only be made with the consent of the Developer while any lots in the subdivision remain in the ownership of the Developer, and are as follows: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefore, including exterior color scheme, has been approved in writing by the Architectural committee. The approval of the Committee shall not be unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. (2) Variances in building set-back requirements shown on plat may be given by the Architectural Committee upon proper showings and so long as the Meridian City ordinances on set-backs are met. Page 1 • (3) The ground floor area of the one-story house in this subdivision shall not be less than 1350 square feet on the ground floor excluding covered porch areas, breezeways, garages or patios. Two-story and tri-level homes shall not have less than 1500 square feet, exclusive of the covered porches, entrances, garages or patios. (4) The design of each house in this subdivision shall include aesthetic qualities such as brick, stucco, or stone facings on the front exposure. Bay windows, roofs of at least 4 in 12 pitch, broken roof lines, gables, hip roofs, etc. Exterior colors of earth tones or grays shall be encouraged. Bright or bold colors or very dark colors shall be discouraged. (5) No gravel roofs, or moving of pre-built homes into subdivision. (6) All lots shall be provided with a driveway containing a minimum square footage such that two off-street automobile parking spaces are provided within the boundaries of each lot. (7) All such parking area requirements shall be exclusive of a required attached and enclosed two car garage area which will hold no less than two cars. (8) For the purpose of the covenants, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No building shall be in excess of two stories above natural ground level. (9) Fences shall not extend closer to any street than twenty feet (20), nor higher than six (6) feet without express approval of the Architectural Committee and Meridian City, and shall be of good quality and v~orkmanship and shall be properly finished and maintained. The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, noxious or nuisance use exists. All fence heights and locations must comply with Meridian City Ordinances. (10) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof, to be completed within eight (8) months. (11) Landscaping of front yard is to be within 30 days of substantial completion of home, or within 30 days of occupancy, to include but not be limited to sod or seed in front yard, one flowering tree of at least 1 1/2" caliper, three (3) five gallon plants, and five (5) one gallon shrubs. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Grass will be planted in the back yard within six months of occupancy. Page 2 • • (12) Each home is to have aphoto-sensitive yard or house light installed such that the front yard area between the house and the front property line is illuminated. The light is to be designed to automatically switch on at sunset and off at sunrise with a minimum bulb power of 60 watts. (13) No residential building shall be moved onto the premises. (14) No shack, tent, trailer house, or basement only, shall be used within the subdivision for living quarters, permanent or temporary. (15) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than four (4) inches. (16) Keeping or raising of farm animals or poultry shall be prohibited. All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Dogs shall not be allowed to run at large. Not more than two dogs and/or cats or other pets may be kept at one time, except that a litter of young may be kept until eight (8) weeks old. Any other requests by lot purchasers must be approved by the Architectural Committee. (17) No business shall be conducted on the above property unless legally permitted under the existing and prevailing zone restrictions. If permitted, no business or commercial use shall be allowed that cannot be conducted within the residence of the owner. No signs shall be installed t© advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. (18) Only two (2) outbuildings per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property and must be approved by the Architectural Committee. (19) Additional easements: In addition to any easements shown on the recorded plat, an additional five (5} foot easement may be reserved five (5) feet on any side of all other easement lines, if necessary, for the installation and maintenance of utilities, irrigation and drainage. (19-A) Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction or flow of water through drainage channels in the easements. Page 3 • (19-B) The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. (20) This subdivision is within the Nampa-Meridian Imgation District and subject to any and all assessments of said district. The developer has made provisions that provide for future delivery of irrigation water to the individual lots. The actual operation and maintenance expense of said system is the obligation of the lot owners, and Nampa- Meridian Imgation District. (21) 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 wet line sewer connection lines. (22) No sign of any kind shall be displayed to public view on any building or building site on said property except a professional sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during the construction and sales period. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the Declarant or its agent may post a "sold" sign for a reasonable period of time following a sale. (23) No lot or building site included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. (24) Parking of recreational vehicles, boats, trailers, motorcycles, trucks, truck-campers and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or other approved enclosure, such as a privacy fence, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property or on public ways adjacent thereto shall be prohibited except within garages, carports, or other approved areas. The Architectural Committee shall be the sole and exclusive judges of approved areas. Their decision is final and binding. (25) No machinery, building equipment for material shall be stored upon site until the Grantee is ready and able to commence the construction with respect to such building materials which then shall be placed within the property line of such building site upon which the structure is to be erected. (26) Installation of radio and/or television antennae or satellite dishes is prohibited outside any building without written consent from the Architectural Committee, which would require them to be screened from street view. Page 4 • • (27) These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of this recording thereof, after which time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument, an instrument signed by the owners of 75% of the land of this subdivision has been recorded agreeing to change or terminate said covenants in whole or part and after all lots therein have been sold by the Developer. Modification or termination of these covenants can only be made with the consent of the Developer so long as any lots in this subdivision remain in Developer's ownership. (28) Enforcement against any person or persons violating or attempting to violate any covenant herein after ten (10) days notice thereof in writing served on the offending party, shall be had by any property owners within said subdivision either at law or equity. In the event of judgment against any person for such the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees and Court costs as may be suffered or incurred, and such other or further relief as maybe deemed just and equitable. (29) Any Owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. (30) A committee of three persons shall act as an Architectural Design Committee and shall, prior to any new construction in said subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located in said subdivision and shall be allowed ten (10) days to review said plans, drawings, and specifications. If said committee shall approve of the proposed building, or modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by a member of the committee, and their approval shall be construed as full compliance with the provisions of Paragraph One (1) of the original covenants. Said committee shall have sole discretion to determine what shall be substantial compliance without prior consent of said committee. Approval by Architectural Committee: No building or structure, including fences, swimming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications as to the quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation have been submitted to and approved in writing by the Architectural Control Committee. Exterior Finish: The exterior of all construction on ay lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping within the project. Exterior colors shall be of the flat, not-gloss Page 5 • type and shall be limited to subdued tones. Exterior colors must be approved by the Architectural Control Committee. LiabilitT Neither the Architectural Control Committee nor any member thereof shall be liable to any owner, occupant, builder or developer for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. Nonwaiver: Consent by the Architectural Control Committee to any matter proposed to it and within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. The committee shall consist of the following: J. Luis Rivera Bruce P. Borup Reed S. Borup 1135 E. Ustick Rd. 460 N. 26th St. 9697 Whirlaway Meridian, Idaho 83642 Boise, Idaho 83702 Boise, Idaho 83704 After the developer has sold all the lots in this subdivision, the Architectural Control Committee shall be turned over to the residents of the subdivision and not before. Amending these covenants shall not affect this provision. A majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an Qver of a lot in said subdivision to serve on said committee, all of whom serve without compensation. (31) Damage to Improvements: It shall be the responsibility of the builder of any residency in this subdivision to leave street, curbs, sidewalks, fences, and tiled irrigation lines if any, and utility facilities free of damage and in good and sound condition at the conclusion of the construction period. Fine grading on each individual lot shall be required to conform to the master drainage plan of the subdivision. It shall be conclusively presumed that all such improvements are in good, sound condition at the time building is begun on each lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which notice addressed to a member of the Architectural Committee. (32) Invalidation of one of these covenants shall in no way affect any of the other provisions which shall remain in full force and effect. Page 6 • • ~- n r~:~~ SUBDIVISION EVALUATION SHEET JU~~ ~ ~ ~~~~ CITY OF ~F~n~I~~ Proposed Development Name FINCH CREEK SUB City MERIDIAN Date Reviewed 6/16/94 Preliminary Stage Final XXXXX Engineer/Developer Hubble Engr / Creekside Development The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. ~ ~~~~ FINCH CREEK SUBDIVISION ___ X. ~~ 2- 24 ~ Date 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 Meridian City Street Name Ordinance. The following existing street names shall appear on theme. lat as: "E USTICK ROAD" "N. MULE DEER WAY" "E. SHARPTAIL STREET" "E. STORMY DRIVE" The following proposed street name is approved and shall appear on the slat as: "NORTH SWALLOW WAY" The followino proposed street name is over ten letters in lenoht and must have verification from Ada ('ounty Highway District that the name will fit on a sign before it will be approved: "EAST FINCH CREEK STREET" "ROBIN" is a duplication and therefore cannot be used. 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 f~or,the street names to be officially approved. ADA COUNTY STREET NAME Ada County Engineer John Priester Ada Planning Assoc. Terri Meridian Fire Distict 3E Y R PRESENTATIVES OR DESIGNEES Date l r, Date (/ `1 ~" ,, . .. ~ ~ Date NOTE: A copy of this evaluation sheet must be presented to the Ada signing the "final plat", otherwise the plat will not be signed !!!! _ Index /) ity Engineer at the time of Sub Index _ Street NUMBERING OF LOTS AND BLOCKS -_= - i ~ _ ,~ (Q ~ UNPIATTEO II Q © ~ ~ , ~ T i / ~ ~ I / ~ ® s =~ ~ y _ s ~~~ - / ~ ~N nn ~ r c g 1 ! 1 ~ _ ~ 4 .105 A~~ i1f ~ ~~~ 0 ~+~ ( s ~y _O a O ~ ~ Qq ao •~o- ' ~ ~ ~ t ~ 0 a a b, ~ }~1r ~ 1 ~ ~ •,~ ~ a K ~.•..,..: ~ ~ ~ O ~ ~~ •~ -~1 a ,,•~ ,,, ~ ~~i' 1' ~t kuol 8 l A~J1i i .off, ` s;a O ~ r ~ ~a d~ ~ /' ~y~ ~ Y Q31~13~ O • ® ~~r 1 h / ~ I ~ ~ ~ ' ~ ~ ~~~ ~ ~V / A Q sf s~ * ® ' ~`~ ~~ ~ :• n ~ a m ~ ~ ~ ~~ ~ ~ 1 ( NN ~ \ ~ M c ~ t~ # ,r ~ '"~ z : ~ ^ ~ ~ ® ~~ .. ~/ ~ r z ~~~ ~°~,,~` ~ ~~ ~ . ~ ~ ~ t{~y = =a~ o A ® -' `V~ _ .€ (~ ~~ ~ti~ Q,~ dot ~M`1M ^~ ~g ~' ar ~ . -a ~ ~ ~~ 4 C. ?~- ~ O aq ~~ - ~~ ® ~ ~ s rs~: K~~:f ~ ~ N T E y s ~sss' +e1~c ~ •a, o~ X05' ~ ~ . l~_ I~ ~ ~ ~ ~ ~ w ~ ~ .~~ _ o ~~ ~~gY f., a ~ ~ , , o ~{ o .® e~ poi ,~ s ~a O '1 ,. ~ E 9 '~ !a~ ~_~ N. R®IN,~AK • aaatir t .sr ~ 1 ~ v s: .~" i.. -4 - ~ ` , , _ ~Q' ~ ~~~ ~+, ~~~ ~ OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. CNy Engineer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Waate Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM TO: FROM: DATE: SUBJECT: • HUB OF TREASURE VALLEY . A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888•A433 • FA}f (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor aI1 Counclli Ma~yor~S G~~ /7 Z Shan L. Stiles, Platuung & Zoning Administrator COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT O. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning 6 Zoning June 21, 1994 F~ECEi~ED JUN 2 ~ 1994 Final Plats CITY OF w~cK~u,,,w I apologize for my lack of response for tonight's agenda items. Due to pressing matters requiring my immediate attention in regard to the Idaho Community Development Block Grant project, I have been unable to devote the time necessary to complete a review. I respectfully request, if it is the Council's desire to approve the final plats of Fothergill Pointe No. 2, The Landing No. 7, and Finch Creek Subdivision, that the approval be conditioned on meeting staff requirements. • r ~c~iv ~ur~ z ~ CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 James C. Merkle Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 Re: Finch Creek Subdivision Dear Jim: OFFICE: Nampa 466-7861 Boise 343.1884 SHOP: Nampa 466-0663 Boise 345-2431 We have received and reviewed the plans for the above mentioned project. The plans show a Swale to collect the storm water run- off. The swale is adequate; however, a sand and grease trap must be installed at the discharge point. This sand and grease trap should be added to the plans and a revised copy sent to the District. Nampa & Meridian Irrigation District requires a curb cut at all street crossings on laterals for operations and maintenance access. Nampa & Meridian Irrigation District requires an agreement for the storm water discharge and a license agreement for the piping of the Onweiler Lateral. Any encroachment on the Onweiler Lateral or Finch Lateral can be addressed in the same agreement. Please contact Andy Harrington at 342-4591 for the preparation of the document. If the above mentioned requests are met and the project is constructed according to the plans, the project will be adequate for Nampa & Meridian Irrigation District. Sincerely, Bill Henson Assistant Water Superintendent pc: Each Director ` Secretary of the Board District Water Superintendent An y Harrington ty of Meridian Rider 3 File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 24 June 1994 CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # JUN ~ %r `~'~. t: e'i~~tt Conditional Use # Preliminary Fina /Short Plat ~7r/c~ Cyxc~G S't~~id~J'io.~ Return to: ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ Acz ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type-of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ~] 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ~c] 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. ^ II ^ 12. ® 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center n ^ beverage establishment ^ grocery store J ioify!/M2'~L /~J/fl~iiQ'*sHb~T cSfi~l'// N~ G~..19/'/~C. ~'rC ~QWKi rri . CDND rxcoMrt~Ds Dr..e~"~4-H~cl~i o~'- ~~ F+rzs~ y2~~ n~ ,07r, ~u ,vw~-~r nr., e... ~,., n ~ s ct ~..,,,. ~ -~c '~l1, ~ Sur~S'v~cF/de REVIEW SHEET IC~~a =-- Environmental Health Division Date: ~ l ~3 / ~7' :d By: [DHD 10/91 rcb, rer. I I/93 jll Hr~R nF rREasURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIAN WALT W. MIORROW JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water works supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner 8 Zoning Administrator KENNY W. BOWERS. Firs Chief MERIDIAN, IDAHO 83642 ~~~~;<~ ~~iY>r `~y~ JIM JOHNSON W.L. "BILL" GORDON, Police Chief ~ `• -r WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman • Planning 6 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD ~ ~ ~ ~ ~ 1~a~ Mayor ~1'Y OF I~E~IDiAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: June 14 TRANSMITTAL DATE: 6/7/94 HEARING DATE: 6/21/94 REQUEST: Final Plat for Finch Creek Subdivision BY: Creekside Development and Hubble Encaineering -- LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and west of Locust Grove 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 MERiD1AN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PREUM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: US WEST REQUEST A 10' EASEMENT ALONG FRONT AND REAR PROPERTY LINES, AND A 5' EASEMENT ALONG ALL SIDE LOT LINES. SIGNED: A.J. CARL30N