Firelight Estates FPi }
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888j3433 • FAX (208) 887813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
u
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Administrator
~~~~~~~~airman!PlOann ng & Zoning
AUC 1 5 1~9~t
CITY OF 1b~ERIUTAN
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: August 30, 1994
TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/6/94
REQUEST: Final Plat for Fire Light Estates
BY: Running Brook Estates
LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Ten
Mile Road
JIM JOHNSON, P2
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P2
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
_MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT}
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
~11B OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
•
REQUEST FOR SUBDIVISION APPROVAL
PRELIMINARY PLAT
PLANNING AND ZONING COMMISSION
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 monthly 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/Subdivision - F ; r P i ; g~ t. F ~ t. a t P
2. General LOCatlon, NEB of Section 3, T, 3N. , R. 1W. , R.M. Ada County
3. Owners of record,
Address, 0 3 9 5 N. Ten M i l e D r. ,Telephone 8 8 8- 3 7 2 5
Meridian, Idaho 83642
4. Applicant, Running Brook Estates Inc.
Address, 2640 S. Maple Grove, Boise, Idaho 83709
5. Engineer,James E Holde~irm Hubble Engineering, Inc.
Address, 9550 Bethel Court ,Telephone 208-322-8992
Boise, Idaho 83709
6. Name and address to receive City billings:
Name: Runninc~Brook Esates
Address: 1434 N. Meridian Rd., Meridian Idaho 83642
Telephone 8 8 8 -13 7 5
PRELIMINARY PLAT CHECKLIST: Subdivision Features
1. Acres: 8.14
2. Number of Lots: 2 7
3. Lots per Acre: 3.3
4. Density per Acre: 3.3
5. Zoning Classification(s): R-4
• •
6. If the proposed subdivision is outside the Meridian City Limits, but within the
jurisdictional mile, what is the existing zoning classification R T
7. Does the plat border a potential green belt Yes
8. Have recreational easements been provided for
No
9. Are there proposed recreational amenities to the City nrn
Explain NA
10. Are there proposed dedications of common areas Ye s
Explain Common areas to be maintained by Home Owners Association
For future parks No Explain ~'A
11. What school(s) service the area Me r i d i a n
Do you propose any agreements for future school sites No
Explain NA
12. Other proposed amenities to the City x Water Supply x
Fire Department x ,Other sanitary sewer
Explain NA
13. Type of building (rc.sidential,_commercial, ind~istrial, or co:~lbi^ anon)
Residential
14. Type of dwelling(s), single family, duplexes, multiplexes, other
Si ngl P ~'ami 1
15. Proposed development features:
a. Minimum square footage of lot(s) ~ , n n n
b. Minimum square footage of structure(s) 1 , 5 0 0
c. Are garages provided for Yes square footage .576
d. Are other coverings provided for No
e.
Landscaping has been provided for.
Describe 20' landscaue lot ~n {-hP WP~t Gi CAP of Ten Mile F
f. Trees will be provided for Yes Trees will be maintained By Homeowners
Association
g. Sprinkler systems are provided for Ye s_ F o'r .common area s
Yes
h. Are there multiple units No Type
•
Remarks
i. Are there special setback requirements Yes
Explain Set Back fog Lot 14, Block 2 is 33'
j. Has off street parking been provided for No
Explain
k. Value range of property _ $ i i 5 0 0 0 0 7 h ~, o 0 0
1. Type of financing for development s t a n d a r d
m. Protective covenants were submitted No Date
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 will 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.
is ~ form I subapp. mer
~\,\~ ENGIiyF~~~
9~0 SURVEyOP
•
RUBBLE ENGINEERING, INC.
9550 Bethel Court ^ Boise, Idaho 83709
July 22, 1994
Ms. Shari Stiles
Director of Planning
City of Meridian
33 E. Idaho Street
Meridian, Idaho 83642
RE: Firelight Subdivision
Dear Ms. Stiles:
208/322-8992 ^ Fax 2081378-0329
__ The attached Firelight Subdivision final plat is in accordance with the conditions of approval of
.---
the preliminary plat and the provisions of the City of Meridian Subdivision Ordinance. Please
have the final plat certified for recording.
Thank you for your time.. Please call if you have any questions.
Sincerely,
Project Coordinator
DSN/mf/2067.1tr
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,taeo e.rw care 9oiw. Ia.,,o e~toa ~oatmaataz
ZONING MAP
Scale: 1"'300'
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DEED
For Valua Reeeivd JACK A. r'H:.?.TEAS A.~D DIA::A LY:'~E CY.ARTEP.S, -iGSBAI:D i~:D
WIFE
the grantors , do hereby giant, bar>:sia, sell and wnvey onto A.\tt E. CP.Ati,'FORD, :.N l;h?tARItIED
PEASO`i
the grantee ,whoa ettrreat address is 3095 t:ORTH TEM MILE ROAD, !:Ei31DIA.\, ID 5352
the following: described premises. is ads County Idaho, tawit:
AN IRP.ECULAR TP.ACT OF LAND LYI:C I:1 LOT 1, SECTION 3, T04.".:SHIP 3 ::OP.TF'., RA_:GE 1
4fEST, BOISE :IERIDIAV, ADA COC~TY, IDAHO, ~ESCRIEED :,S FOLL04:5:
BEGINNING AT A POI\7 SOUTH 0'7' EAST 255. i5 FEET FRO`: THE COP_:E? STO::E CF T:iE
NORTHEAST COR.IER OF THE WORTH EAST tt 0? SECTION 7, TOw?:SHIP 3 \OP.TH, R.;::GE 1 t.'EST,
BOISE y~RIDIAI:; THE\CE CONTIXCI::C
SCUTH 0'1' EAST 1054.:5 FEET; fY.E.•:CE
SOUTH 89'52' 47FST 5E FEET; TH~CE
NORTH 56'8' t+'ESi 100 FEET; THE\1CE
NORTH 33'32' i.'EST 308 FEET; rd~CE
NORTH 47'25'EtiiT 444,20 FEET; THE\CE
WORTH 0'7' EAST 25.22 FEET; TllE::CE
SOUTH 89'53' EAST 255.75 FEET TO THE ?O:ST A.W PLACE OF i:EGI:'SI::C.
EXCEPTING THAT PORTION OF THE WA`iPA A::D )'.ERIDL4N IP~IGATI01 DIST?ICT DPAI':A:,E RIGHT
OF G'AY, AND RIGHT OF NAY FOR XORTH TI::: `TILE ROAD. n
Ada County. Idaho, sS
Re~ucst of
ceccCO TITLE
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TO HAVE ADiD TO HOLD the said premises, with their appurteranees unto tha said Grantee
heirs and assigns forecer. And tSe said Grantors do hereby covenant to and
with the said Grantee ,that she- are the otrner in fee simple of said premises; that they are frce
from all Incumbranaes except ct:rren: .:ears taxes, rights ei' cac, easements, restriccivns,
reservations and irrigation assess==::cs.
sad that c hey' will ~carrant and defend :he same from all lativful claims whatsoever.
Dsted: JL^.QE 17, 1987
1-C ~ 7~i l ~Y/ .Ci~^ , its/ ' i ('L~1 r • ` I^ ~I ' ~ \
CK A. CHARTERS DI.t.\A tYX\E CY.:~tTERS
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Y~fQt9:~ y7 tx me~~~oury Public. Mr'~-i~> .: ^earM
~ JAEW~•~//ffC~t$•,~J DIANA LY`~'XE ~:tRTERS
I tnu:au ~tsfenrified to aK'gbe the person chose na.'x5 A.RE
wb.enDed• ~hlj.~Fhinta3irumenr, and artno.kdtc::::ne that
thy aecuted•theeatiie.
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..._d......5.. ......._........
I COMM, EXPIRES ~_~E _ rp
STATE OF IDAHO, COG\'TY OF ~~'
I hereby eertitj that thin iaatrameat seas sled for record at
the regaat ct SAFECO TIT( t ~
at C~Q mlaaw past V o'clock ~ Id_,
thiA / ~~i da7 of ~(,Ci1(.Q~ ,
19 in mr omee, and dnl3' recorded i ook
of Deeds at Pa=s
JOHN BP.~T:t~A
o eort:er
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Deputy-.
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PROTERRA-IDAHO, INC. ~ ~~
2401 S. APPLE ROAD
SUITE #L204 1TY OF INERIDI
BOISE, ID 83706
LETTER OF EXPLANATION
RE: FIRELIGHT ESTATES PLAT BLOCK #2 LOT #9
July 8, 1996
Dear Mayor and Meridian City Council,
I am writing to explain a confusing situation with regard to a subdivision, under
development in your city, called Firelight Estates (See attached plat map).
The following is a short explanation on the background of this subdivision. Our company,
Proterra-Idaho, Inc., purchased the subdivision in June 1996. Before we purchased the property,
Meridian City had already given the subdivision final plat approval and final construction
approval. Since that time the physical improvements in the subdivision have been substantially
completed, except for the road paving which will be completed Friday July 12, 1996. We have
bonded with the City of Meridian for the remaining minor improvements (landscaping, fencing,
signage, etc.), all of which will be completed before the building permits are requested. As you
can see from the attached signature sheet for the subdivision in question, both Gary Smith and
Will Berg have already signed on the final plat.
Now that we are nearing the recordation of the final plat, a problem has been called to our
attention for the first time. This problem was created by the previous owner-developer, without
our knowledge. Prior to our purchase of the platted subdivision, the previous developer sold a
• •
PROTERRA-IDAHO, INC.
2401 S. APPLE ROAD
SUITE #L204
BOISE, ID 83706
separate parcel of adjoining land, which was not part of the subdivision plat which we purchased,
on a "meets and bounds" basis (referred to as Block #2 Lot #9 on attached plat map). That
separate parcel was sold to Jack and Betty Dunn. At that time, the Dunns agreed with the same
party, from whom we purchased the platted subdivision, (see attached Letter Of Understanding),
to sign any documents that would be necessary for the approval of the adjoining subdivision.
However the previous owner-developer apparently failed to disclose to the Dunns and to our
Company, that the existing Ten Mile Road Easement would eventually be increased from 28 feet
to 45 feet. In other words, the Dunns unknowingly agreed to give up to Ada County 17 feet of
their property as a Right Of Way on which a sidewalk would eventually be built.
Now, the Dunns are refusing to sign our final plat as adjoining property owners within the
subdivision, and they desire to be taken out of our plat altogether, an action which we obviously
enthusiastically endorse. Our final plat cannot be recorded until the Dunns sign our final plat or
until their separate parcel is taken out of our final plat.
We respectfully request that the Council consider allowing us to totally remove the
unrelated Dunn parcel from our final plat. Furthermore, we would like the council to allow all of
our current final plat approvals to remain in place, after our final plat is amended to delete any
reference to our neighbor's separate land. When the separate, unentitled, but adjoining parcel was
originally sold to the Dunns, the plat, which was sold to us, should have been amended and that
•
PROTERRA-IDAHO, INC.
2401 S. APPLE ROAD
SUITE #L204
BOISE, ID 83706
separate parcel deleted from the subdivision which we agreed to purchase. If that separate parcel
was to have been included within the boundaries of our subdivision, the Dunns should have given
the City of Meridian an owner consent agreement for the approval of the subdivision as originally
presented. Neither of these standard procedures was followed either by the City, or by the
Dunns. Now this problem, which was created by the previous owners-developer, is at a crisis
stage because even though our physical improvements are substantially complete, our final plat
cannot be recorded until this issue is resolved.
I will be at the City Council Meeting on Wednesday evening in order to answer any
questions that you have about the situation. Because the Dunn property should not have ever
been included in our plat, it seems that the most equitable strategy would be to simply remove the
unrelated Dunn property from our plat altogether and allow us to proceed with recording our final
plat.
Thank you in advance for your consideration.
Sincerely,
,,, , ,
Steven R. Petersen
Vice President
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RE; 3095 N. T
Meridian,
OF UNDERSTA;JDINCJ
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The undersigned parties hereby agree as follopa:, .. // f .~~
~ t.~•.,, c ~'~ ',
1. Purchasers agree that they have no objection to the platting of
Firelight Subdivision and that, if necessary, they will join in any
applications that may be required for subdivision approval, even
though their parcel is not part of the subdivision.
2. Firelight Estates agrees that the purchasers, their assigns and
successors, will have uninterrupted use of the well and septic
system located on Lot 10 of Firelight Estates preliminary plat
until city services are available. Firelight Estates will provide
these services at no cost to the Buyers, their assigns or
successors, in the event the property is sold or transferred.
Further, as previously agreed, Firelight Estates agrees to
hook up the residence to city services at no cost to the
purchasers. This agreement shall also extend to any assigns or
successors of Firelight Estates.
DATED this ~_ day of November, 1994.
Saggco, Lnc.
1
CK W. DUNN, Buyer
~~ ~ BETTY A. DUNN, Buyer
STATE OF IDAHO )
ss.
County of Ada )
Uri this 1st day of November, 1994, before me personally
.lack td. Uunn and ratty n. fhtn~~ ~ , Whom I
appeared -
know personally/whose Xdenti~ies were proved to me on the oath of
their , a credible witness by me duly
sworn/w~ose~ .ident~t es were proved to me on the basis of
satis,~~~~o~-.y, evidence to be the persons whose names are subscribed
to ms's ~~}~~n~iirierlt, and acknowledged that they executed the same.
~~ ..~
i~`~'~ Crj~ t, I C .° N tary pu l c
s~,Y,~~"~~....,,~"~~ " Residing at: 13oise, Idaho
~'.~y~'Utr ~~~"' .~~ My Commissionn Exp~res:_7-22-9~
~~.~,r,
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JAN 1 ~ 1q~~
CITY OF ~El~lI3IAN
'1'Iaorr~ia & 'nL~ud~a~ ~Imcigatr.'a~ Dia,~uct
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
3 January 19 9 6 Phones: Area Code 208
OFFICE: Nampa 466-7861
Boise 343-1884
SHOP: Nampa 466-0663
Steve Peterson Boise 345-2431
Proterra Idaho, Inc.
2401 South Apple, No. L-204
Boise, Idaho 83706
SENT VIA U.S. MAIL and FACSIMILE TO 342-1873
Re: Firelight Estates
Dear Mr. Peterson:
When telephone boxes were installed for the above mentioned
project, they were installed on the easement of the Ninemile Drain
without the knowledge of Nampa & Meridian Irrigation District.
These telephone boxes will have to be removed and so that they can
be installed in a proper location.
As we discussed in our telephone conversation on 3 January 1996,
Nampa & Meridian Irrigation District must have an eighteen foot
roadway along the Ninemile Drain. If the boxes are to be re-
installed within 50 feet of the centerline of the Ninemile Drain,
the developer must contact the Irrigation District's attorney,
Daniel Steenson, at 342-4591 so that an encroachment agreement may
be written. After the developer has signed the agreement and
returned it to Mr. Steenson, the agreement will go before Nampa &
Meridian Irrigation District's Board of Directors for their
consideration at the next available board meeting.
We are requesting that you comply with the above requests so Nampa
& Meridian Irrigation District's interests will be protected.
Please feel free to contact me if further information is required.
Sincerely,
Bill Henson
Assistant Water Superintendent
pc: Each Director
Secretary of the Board
District Water Superintendent
Daniel Steenson
Geity of Meridian APPROXIMATE IRRIGABLE ACRES
F i 1 e RIVER FLOW RIGHTS 23,000
BOISE PROJECT RIGHTS 40,000
CENTRAL
•• DISTRICT
~1THEALTH
DEPARTMENT MAIN OFFICE 701 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.
95-398
October 12, 1995
Mr. David Navarro
Ada County Recorder
650 Main Street
Boise, Idaho 83702
RE: FIRELIGHT ESTATES SUBDIVISION
Dear Mr. Navarro
O C T t ~~~
Central District Health Department, Environmental Health Division
has reviewed and does approve the final plat on this subdivision
for central water and central sewer facilities. Final approval was
given on October 11, 1995.
No lot size may be reduced without prior approval of the Health
authority.
If you have questions, please call.
Sincerely
--
i~~~ ~ ~~
Thomas E. Schmalz
Senior Environmental Health Specialist
cc: Tom Turco, Environmental Health Director
HUD
City of Meridian
Running Brook Estates Partnership
Hubble Engineering, Inc.
Serving Valley, Elmore, Boise, and Ada Counties
ADA /BOISE COUNTY OFFCE EUNORE COUNTY OFFICE VALLEY COUNTY OFFICE
701 N. Armstrong Place 520 E. 8th Street North P.0. Box 1448
Boise, ID 83104-0825 Mountain Fbme, ID McCall, ID 83638
Ph. 375-5211 83641 Ph. 587-9225 Ph. 634-1194
•
•
MERIDIAN CITY COUNCIL MEETING: OCTOBER 17.1995
APPLICANT: ITEM NUMBER; 28
REQUEST; FIRELIGHT ESTATES: REQUEST FOR TIME EXTENSION ON FINAL PLAT
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
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All Materials presented at public meetings shall become property of the City of Meridian.
PROTEI'~A, N~".
Idaho Office
2401 South Apple Road, #L204
Boise, Idaho 83706
Oct 13, 1995
Mr. Grant P. Kingsford, Mayor
and Meridian City Council
Dear Mr. Kingsford and City Council,
This letter is to ask for an extension on the approvals for the Firelight Estates Subdivision.
We request an extension for the final plat, the development agreement, and the CC&R's.
The initial approval expired in September 6, 1995, and we are asking for an extension until
August 30, 1996.
There are many reasons that this subdivision has not been recorded within the one year
time limit. First of all, we bought the project only a few months before the expiration
date. Second, a neighboring subdivision that was scheduled to be developed, was not
developed, which caused us deal with many unexpected issues. The two major issues
were the flood plain and the utilities connections. These issues caused unexpected delays.
The reason that we did not ask for this extension before the expiration date is due to a
miscommunication with our engineers. We thought they were handling all issues in the
recording process, and they thought otherwise. Anyway, this mix-up caused us to slip a
few weeks past the deadline without extending.
If possible, we would like to be placed on the City Council Agenda for October 17, 1995
to obtain this extension.
The enclosed documents may be helpful:
• Appendix A -Site map.
• Appendix B -Plat map.
• Appendix C -City Council minutes of original approvals.
• Appendix D -Warranty Deeds showing our ownership of the property.
Our development company is Proterra Idaho, Inc. and we own Firelight Estates LLC
which is the owner of the property.
Thank you for your consideration.
Sincerely,
Steven R. Petersen
Idaho Division Manager
Telephone: (208) 342-1524; FAX. (208) 342-1873
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Meridian City Council
September 6, 1994
Page 17
Corrie: Second
~ ~~ix C
Kingsford: Moved by Walt, second by Bob to table Turtle Creek Subdivision No. 1 until
the next Council meeting, requesting that the engineers coordinate some things and work
with staff, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #14: FINAL PLAT: FIRE LIGHT ESTATES SUBDIVISION, 27 LOTS BY RUNNING
BROOK ESTATES INC:
Kingsford: Does Council have questions on that issue?
Morrow. Again I would like to see a short presentation.
Kingsford: Is the developer or representative here?
Smith: Mr. Mayor and members of the Council, my name is Gene Smith, I am with Hubble
Engineering representing the applicant in this matter. Fire Light Estates is a 27 lot
subdivision, single family subdivision located on Ten Mile, west of Ten Mile South of
Ustick. The final plat is in general conformance with the approved preliminary plat which
was previously approved by City Council on July 19. We have received read and can
comply with the staff recommendations which are in your packet. I would be glad to
answer any questions or concerns you might have.
Morrow. Those staff recommendations are the ones that were memorandum from Gary
Smith our City Engineer dated September 1st and from Shari Stiles the Planner dated also
September 1st, you are in agreement with both of those?
Smith: Correct.
Kingsford: Any other questions of the Council? Questions for staff?
Morrow. I have none they have agreed to the conditions that our staff has asked for and
so.
Kingsford: is there a motion?
Morrow. Mr. Mayor I move that we approve the final plat for Fire Light Estates subdivision
subject to meeting the conditions of City staff.
~ ~ Aprwrdi~G
Meridian City Council ~ K~
September 6, 1994 ~~
Page 18
'Nv
Corrie: Second (' ~ ~ P
Kingsford: Moved by Walt, second by Bob to approve the final plat for Fire Light Estates
~. Subdivision conditioned upon meeting the recommendations of staff, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #15: PUBLIC HEARING: VARIANCE REQUEST FOR FAWCETT MEADOWS NO.
2 BY RONALD HENRY:
Kingsford: At this time I will open the public hearing and invite Mr. Henry or his designee
to speak first.
Ronald Henry, 6301 Charleston Place, Boise, was sworn by the City Attorney.
Henry: This variance is really a request for permission to allow existing buildings on Lot
9 and 10 of Fawcett Meadows No. 2 to remain. These buildings are less than what we
have set up as the set backs, 10 foot setbacks. Both I think ,there are 2 buildings there
that have a total distance of about 10 feet between them. So what this variance is
requesting is permission to leave them as is.
Kingsford: Any questions for Mr. Henry?
Morrow. You have read the comments of staff?
Henry: Yes
Morrow. And are in agreement with those?
Henry: Yes
Morrow. I have no other questions.
Kingsford: Anyone else from the public that would like to offer testimony on this variance
request for Fawcett Meadows No. 2? Seeing none I will close the public hearing, Council
members.
Morrow. Mr. Mayor, I would move that we instruct the City Attomey to prepare findings of
fact and Conclusions of law.
t • ~'Y C
Meridian City Council
January 3, 1995
Page 14
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve of the Beer, Wine license for
Salvador Sanchez, Fiesta II Inc. subject to the Chiefs review and approval and authorizing
the Mayor and City Clerk to sign that Beer and Wine License, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM # 17: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR FIRELIGHT
ESTATES:
Kingsford: Counselor has reviewed those and made note back that they meet with his
approval.
Crookston: That is correct.
Morrow: Mr. Mayor, I would move that we approve the covenants, conditions and
restrictions for Firelight Estates Subdivision.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve the CC&R's for Firelight Estates
~ Subdivision, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #18: WATER/SEWERlTRASH DELINQUENCIES:
Kingsford: This is to inform you in writing if you choose to you have the right to a pre-
determination meeting at 7:30 P.M. January 3rd 1995 before the Mayor and City Council
to appear in person and be judged on the facts and defend the claim made by the City that
your sewer, water and trash bill is delinquent. You may retain counsel. Your service will
be discontinued on the 11th of January 1995 unless payment is received in full. Is there
anyone from the public that would like to contest their sewer, water and trash
delinquency? Seeing none I would entertain a motion to approve the tum off list.
Tolsma: So moved
Yerrington: Second
• • /4p~.eahXC
Meridian City Council
September 20, 1994
Page 43
Kingsford: Moved by Walt, second by Ron to approve the CC&R's for Fawcett Meadows
Subdivision No. 1 as finally approved by legal counsel, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #23: FIRELIGHT ESTATES SUBDIVISION: DEVELOPMENT AGREEMENT:
Kingsford: Shari, where are we at with that?
(Inaudible)
Kingsford: Did it meet with your approval, it met all the criteria that we were after in that.
Again I would entertain a motion on that subject to the attorney's review and approval.
Morrow: So moved
Yerrington: Second
Kingsford: Moved by Walt; second by Max to approve of the development agreement for
Firelight Estates Subdivision subject to legal counsel's review and approval, all those in
favor? Opposed?
MOTION CARRIED: All Yea
ITEM #24: WAYNE CROOKSTON: ATTORNEY FEES:
Kingsford: Imis-spoke, I remember having reading those at the first budget workshop.
I think in response to Mr. Corrie I had said that the request was made by Mr. Crookston's
firm to do the police work fora 2 year period and then it would beano lose thing to the
City and in reviewing those again Imis-spoke. That it would be either $70,000 but it would
be reviewed after 6 months. And if that didn't appear it was going to be that much then we
could back track. Is that correct Counselor how those went?
Crookston: Yes
Kingsford: I had said that if it went over that, or if it was under that then it would be that
and Imis-spoke.
Morrow: You said that if it was under the $70,000 that is where it would be.
Kingsford: That is what I had said then but that is not what his request had been. I had
1
PIOWEER TIiLg ~,
Pion Trri.E C021~ANY ' ~ :;:~ u ~ t,
OFADACOUNTY °• G.,'ii:• ~..~.'ila.ttQ
9QiSt" i~
'95 BUG z t,i; t; ;h
t State Sweet / Bosse, Idaho 83702
3366700 FEE 1p~~Q
~~ RECORJ£U„i Iit: ~ ~:UES7 F
th Cod Road /Boise, Idaho 83704
(208) 377-2700
A RECORDING DATA
ACCOMMODATION
„~,,,.......,,~,,,,,,,r„nrR,ar-mcmcr¢~Rmcmc~muc~t2mt7st)I~IItS)~»16ti1~1Jrt)fil~),6!lG?G?G?i,'.!i,'.tiS!vt?u )w',`.~
WA-RRANTY DEED
(CORPORATE FORM)
t~
I9ERIDIAN LAND INVESTORS II LLC, a limited liability company ,acorporation
orpmittd sad atisting undo the laws of the State of Idaho, with its principal office at 2401 South Apple Rd. , iL-204
Boise, Idaho 83706 of County of Ada .State of Idaho, ~_
gnmtor,LerebyCpNVEYSorGRAA'TSandWARRANfSTO FIRELIGHT ESTATES LLC, a limited liabilityC~
Company ~~
granteels) S,
r.E 2401 South Apple Rd., 1t-204, Boise, Idaho 83706 for the sum of
Ten and no/100- - - I>nLLARS, S~
the fo0o..ing described tract(s) of land in ADA County, State of Idaho: Z~
Z
SEE EIIHIBIT "A" A'i'fACHF.D HERETO AND BY REFERENCE MADE A PART HEREOF
Z:
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Loc+tioo of above deaaibed property TEN MILE - - Z~
liouu No. Sued Z,
Tbt officers wb0 sign this deed hereby certify that this deed and the transfer represented hereby arc authorized under a Z,:
loo ~o~ed by the bwrd of duecton of the grantor al a lawful rnceting held and ancndcd by a euorum. ~:
la ~~y a,~f, the grantor hay caused in corporate name ana seal to be httcunto aftized by its duly authorized Z^
day of July . A.D. 19 95 Z.
of~rsthy 28th
,)d; MERIDI'AN!'LAND%INVESTORS II LLC ~~
"" (CORPORATE NAME) t,
~~K~;
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t~::,r Y'
Charles W. Akerlov, PRESIDENT ;,
of General Financial Group, Inc. a Ucah
+ti.2 AttSit>' MANAGER -
SECRETARY
~~:r;
STATE OP UTAB a ~ Q
COUNT? O[ p ~2.~
ON TII13 ~O µdnl of Ju__,___~_~ 19 95 r REFOaE Hf•., '1'lIE UNDERSICNEI), A NOTARY
KN01~N TO !lE 'f0 171; the
PUBLIC, PEhSONA1,LY APPEAREll Charles N Akerlov
President of General Tinnncial Grou Inc. Hans er of Meridian Land Inves[ors II LLC
A UNITED LIABILITY COHPANY AND IERSONALI.Y APPEARED
K110SfN TO ME TO BV. A t1ENBF.R OFUl10 SUISSCRIBED THE NAME OF SAiD LLl1LTED
A LIMITED LIABILITY COfIPANY,
LIABILITY CO}ICANY, ANU ACKNONLEDCED TO !tE THAT IlE EXECUTED '1'I1E SAttF•. ON 1)EIIAI.F
OP SAID LIMITF,D LIABII,I'CY~L~'OMCANY.
t..w~..~~..~'~NoswYPuDIb -
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( yfCenarl~ss~,,~ 1 No[ary ublic
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Meridian City Council
January 3, 1995
Page 14
Yerrington: Second
•
Kingsford: Moved by Walt, second by Max to approve of the Beer, Wine license for
Salvador Sanchez, Fiesta II Inc. subject to the Chiefs review and approval and authorizing
the Mayor and City Clerk to sign that Beer and Wine License, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM # 17: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR FIRELIGHT
ESTATES:
Kingsford: Counselor has reviewed those and made note back that they meet with his
approval.
Crookston: That is correct.
Morrow: Mr. Mayor, I would move that we approve the covenants, conditions and
restrictions for Firelight Estates Subdivision.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve the CC&R's for Firelight Estates
Subdivision, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #18: WATER/SEWER/TRASH DELINQUENCIES:
Kingsford: This is to inform you in writing if you choose to you have the right to a pre-
determination meeting at 7:30 P.M. January 3rd 1995 before the Mayor and City Council
to appear in person and be judged on the facts and defend the claim made by the City that
your sewer, water and trash bill is delinquent. You may retain counsel. Your service will
be discontinued on the 11th of January 1995 unless payment is received in full. Is there
anyone from the public that would like to contest their sewer, water and trash
delinquency? Seeing none I would entertain a motion to approve the turn off list.
Tolsma: So moved
Yerrington: Second
Meridian City Council
September 20, 1994
Page 43
•
Kingsford: Moved by Walt, second by Ron to approve the CC&R's for Fawcett Meadows
Subdivision No. 1 as finally approved by legal counsel, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #23: FIRELIGHT ESTATES SUBDIVISION: DEVELOPMENT AGREEMENT:
Kingsford: Shari, where are we at with that?
(Inaudible)
Kingsford: Did it meet with your approval, it met all the criteria that we were after in that.
Again I would entertain a motion on that subject to the attorney's review and approval.
Morrow: So moved
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve of the development agreement for
Firelight Estates Subdivision subject to legal counsel's review and approval, all those in
favor? Opposed?
MOTION CARRIED: All Yea
ITEM #24: WAYNE CROOKSTON: ATTORNEY FEES:
Kingsford: Imis-spoke, I remember having reading those at the first budget workshop.
I think in response to Mr. Corrie I had said that the request was made by Mr. Crookston's
firm to do the police work fora 2 year period and then it would beano lose thing to the
City and in reviewing those again Imis-spoke. That it would be either $70,000 but it would
be reviewed after 6 months. And if that didn't appear it was going to be that much then we
could back track. Is that correct Counselor how those went?
Crookston: Yes
Kingsford: I had said that if it went over that, or if it was under that then it would be that
and Imis-spoke.
Morrow: You said that if it was under the $70,000 that is where it would be.
Kingsford: That is what I had said then but that is not what his request had been. I had
DEVELOPMENT
~ ~,
AGREEMENT ~~ ~,; ~ ~- • -,
r
THIS AGREEMENT, made and entered into this ,., ~-~~j, ~~ ~,r; _ _ ,~~-
1995, by and between the CITY OF MERIDIAN, a municipal corporation of the State
of Idaho, party of the i-irst part, hereinafter called the "CITY"~,ari~I Proterra-Idaho: -Inc>.,-party
of the second part, hereinafter called the "DEVELOPER", v~hose address is 240 S. A le
Road. Boise. Idaho 83706. ~~ ~
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto
and by this reference incorporated herein as if set forth in full; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511 A,
Development Agreements, which provides that cities may enter into development agreements
with developers upon rezoning of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one when land
is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned,
11-2-417 D; and
WHEREAS, the DEVELOPER has submitted an application for annexation and zoning,
or an application for rezone, of that certain property described in Exhibit "A", and requested
zoning of RR=4 and has submitted a subdivision preliminary plat for said property which has been
recommended for approval by the Meridian Planning and Zoning Commission; and
WHEREAS, the DEVELOPER made some representations at the public hearing beft~n-e
the Meridian Planning and Zoning Commission as to how the land would he developed and what
improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation
or rezoning of property; and
WHEREAS, DEVELOPER deems it to he in its best interest to be able to enter into this
agreement and acknowledges that this agreement was entered into voluntarily and at its urging
and request; and
WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY
to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat
thereof which has been approved for annexation by the CITY and as part of the annexation or
rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and,
WHEREAS, the Findings of Fact and Conclusions of Law required that the
DEVELOPER enter into a Development Agreement; and
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 1
•
WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law
annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into
a Development Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to
this agreement, inconsideration for the annexation, rezone, or the non-de-annexation of the area,
as follows:
That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
2. That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit "A", only construct single-family houses and that
all such single-family houses shall have at least 1.500 square feet of t7oor space,
exclusive of garages.
That the property zoned RR=4, described in "Exhibit A", shall have lot sizes of at
least eight thousand (8.000) square feet, which is the size represented at the City
hearings, and shall meet all of the requirements of the RR=4 zone and have no
duplex units, townhouses, or patio homes constructed on said property.
4. That there shall he no change to increase the number of lots or reduce the size of
lots as shown in the preliminary plat submitted with the request for annexation,
zoning and preliminary plat approval, which is incorporated herein as if set t~>rth
in full herein.
5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be
tiled with the City Engineer, a complete set of "Subdivision Improvement Plans"
showing all streets, utilities, pressurized irrigation facilities, sewer, water,
drainage, street and other similar signing and barricades, and other such
improvements contemplated within the subdivision, which Plans and all
improvements shown thereon shall meet the approval of the City Engineer. The
Subdivision Improvement Plan, or Plans supplemental thereto, shalt also show the
proposed location of pressurized irrigation facilities within or that may affect or
he affected by the development. Said Subdivision Improvement Plans are
incorporated herein and made a part hereof by reference.
6. That DEVELOPER will, at his or their own expense, construct and install all
sanitary sewers, storm drains, pumping stations, water mains and appurtenances,
fire hydrants, curbs and gutters, pressurized irrigation system, electrical
transmission lines, natural gas lines, telephone lines, sidewalks, cross drains,
street, street surfacing, street signs, and barricades as well as any and all other
improvements shown on the Subdivision Improvement Plans. DEVELOPER shall
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 2
• s
also install telephone, electrical power, gas lines, and television as required for
the development.
7. That DEVELOPER will construct and install all such improvements in strict
accordance with the tiled and approved plat and Subdivision Improvement Plans,
and the City Standard Engineering Drawings and Standard Engineering
Specifications current and in effect at the time the construction of said
improvements is accomplished, or as otherwise agreed between the DEVELOPER
and the CITY if the standards and specifications are more restrictive and onerous
at the time of construction than at the time of execution of this Agreement.
8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what portion, or portions, of said
improvements he intends to complete and the time schedule therefor; and agrees
to make such moditications and/or construct any temporary facilities necessitated
by such phased construction work as shall be required and approved by the City
Engineer.
9. That DEVELOPER will have "corrected" original drawings of the Subdivision
Improvement Plans of all said improvements prepared by a Registered
Professional Engineer and will provide the CITY with said Plans or a duplicate
mylar copy of said Plans. The Subdivision Improvement Plans of the proposed
improvements shall be "corrected" to show the actual constructed location (both
horizontally and vertically) of the various water and sewer lines, all utility lines,
and pressurized irrigation lines and their individual building service lines, the curb
and gutter alignment and grades, etc. The "corrected" Subdivision Improvement
Plans shall include a "Certification" thereon, signed by the Registered Professional
Engineer in charge of the work, that said Plans of the various improvements are
true and correct and that he (the Registered Professional Engineer) has inspected
the construction of the various improvements (water lines, sanitary sewer lines,
pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and
gutter, street paving, etc.) and that the materials for and the installation of the
same were all done in conformance with the applicable City Standard Engineering
Drawings and Standard Engineering Specifications governing the construction of
these facilities.
10. That DEVELOPER will, immediately upon the completion of any such
constructed portion, portions, or the entirety of said development, notify the City
Engineer and request his inspection and written acceptance of such completed
improvements.
11. That DEVELOPER agrees, that upon a tinding by the City Council, duly entered
in the official minutes of the proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need to he completed in the interest
of the health, welfare and/or safety of the inhabitants of the CITY, the
DEVELOPER will thereupon, within a reasonable time, construct said needed
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 3
• •
improvements, or, if he does not so construct within a reasonable time after
written notification of such Council action, and the CITY thereafter determines
to construct, and does construct such improvement, or improvements, the
DEVELOPER will pay to the CITY the cost of such construction, in such manner
and under such terms as the CITY shall order after conference with the
DEVELOPER. Provided, however, the City Council shall not make the finding
set forth in this paragraph except at a regular or special meeting of the City
Council and unless the DEVELOPER has been notified in writing of the time and
place of such meeting at least three (3) days prior thereto and has been given an
opportunity to be present in person or by counsel, and to he heard on the merits
of the proposed finding.
12. That DEVELOPER agrees that upon his, its, or their having received written
notification from the City Engineer, that any of the requirements herein specified
have not been complied with, that the CITY shall have the right to withhold the
issuance of any Certificates of Occupancy within such annexed area and/or shall
have the right to withhold the providing of culinary water service to any part,
parcel, or portion of such annexed area until such time as all requirements
specified herein have been complied with; provided, however, the DEVELOPER
shall have the right to appear before the City Council at any regular meeting after
any Certificate of Occupancy or any water service shall have been withheld for
reasons set forth in this paragraph, and shall have the right to be heard as to why
such Certificate of Occupancy should be issued or water service allowed. The
Council shall then decide whether said Certiticate of Occupancy shall he issued
or water service to said property allowed, and its decision shall he final, except
that the rights of the parties are preserved at law and equity.
13. DEVELOPER agrees that, in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, install the
improvements and declare the entire cost of said improvements to be immediately
due and payable and may seek to collect such sums in the manner provided by
law, or may pursue any other remedy set forth herein or as may he available in
law or equity. In the event of such declaration, all sums due shall bear interest
at the prime interest rate of First Security Bank of Idaho, plus five percent (5%)
per annum, until paid.
14. That DEVELOPER agrees to, and does hereby, grant a security interest in the
land which is the subject of this Agreement, to secure the installation of all
improvements including, but not limited to, sewer, water, irrigation and drainage
piping, pressurized irrigation system, landscaping and herming, and fencing. In
the event of DEVELOPER's failure to complete such installation, the CITY may
install such improvements and, without notice, foreclose this Agreement as a
mortgage in accordance with the mortgage foreclosure laws of the State of Idaho;
provided further that upon request of the DEVELOPER, the CITY will execute
and deliver a partial release of the lien created herein against all or any portion
of the subject land, upon completion of that portion of the total improvements
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 4
•
installed which relates to the percentage of improvements that have been installed
as compared to the total amount of improvements.
The CITY further agrees that, upon request of DEVELOPER, the CITY will, by
written agreement, subordinate the lien created hereby, to any mortgage, deed of
trust, or other security device required to secure the payment of any loan or
advance made to DEVELOPER for the sole purpose of financing the construction
of improvements upon the land which is the subject of this Agreement; provided,
however, that the financing entity shall first warrant and represent in writing that
it understands that the contemplated loan or advances will be used solely for the
construction of improvements upon the land and that it will take reasonable
precautions usual and customary to the financing and lending industry to ensure
that the loan proceeds or advances will not he used for any other purpose.
The CITY may also require surety bonds, irrevocable letters of credit, cash
deposits, certified checks or negotiable bonds, as allowed under I 1-9-606 C of the
Revised and Compiled Ordinances of the CITY of Meridian, to insure the
installation of the improvements, and the DEVELOPER agrees to provide such,
if required by the CITY.
15. That DEVELOPER agrees that those portions of the water main or the sanitary
sewer line, for which the CITY has expressly agreed to enter into a late comers
agreement, if any, for including any water or sewer line extensions, increased line
size or capacity, are required because of future service needs originating from
properties not owned by DEVELOPER and located within the vicinity of the
subject development; that sound planning requires construction thereof at the
present time in order to accommodate future expansion and development. In
recognition of the cost savings which can be accomplished by construction of such
excess capacity and/or improvements concurrently with the facilities to be
constructed for DEVELOPER'S purposes, and the impracticality or impossibility
of constructing such excess capacity and/or improvements separately or at a later
time, DEVELOPER agrees to design and construct such facilities subject to the
CITY's agreement to enter into a late comers agreement to reimburse
DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER
agrees to obtain three independent bona tide bids for the performance of such
work from qualified and responsible contractors and shall deliver copies of such
bids to the CITY prior to the commencement of such work. Such bids shall be
solicited and itemized in a manner which allows clear and specific identification
of that portion of the construction work for which the CITY may possibly agree
to enter into a late comers agreement. The CITY's obligation to enter into a late
comers agreement to help DEVELOPER to pay for such costs shall be limited to
the lowest of such bids irrespective of whether the lowest bidder is in fact selected
by DEVELOPER to perform the work.
16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until
all improvements are completed, unless the CITY and the DEVELOPER have
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 5
•
entered into an addendum agreement stating when the improvements will he
completed in a phased development; in any event, no Certificates of OccupancX
shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
17. That DEVELOPER agrees, in recognition of the unique and peculiar
circumstances relative to this development, to the special conditions set forth in
Exhibit "B" attached hereto and by this reference made a part hereof; and agrees
to construct a perimeter fence around the entire parcel prior to any construction,
except where roadways and streets for access are located and except where the
CITY has agreed that such fencing is not necessary.
18. That DEVELOPER agrees that any notice required by this Agreement shall he
given at the following address:
CITY of Meridian: DEVELOPER:
City Engineer PROTERRA-IDAHO. Inc.
City of Meridian 2401 S. Apple Road
33 East Idaho Boise. ID 83706
Meridian, ID 83642 Steve Petersen, Secretary
19. That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
Z0. All covenants and conditions set forth herein shall he appurtenant to and run with
the land and shall he binding upon DEVELOPER'S heirs, successors or assigns.
21. This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian
and the property shall be subject to de-annexation if the owner or his assigns,
heirs, or successors shall not meet the conditions contained in the Findings of Fact
and Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian.
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 6
•
DATED the date, month and year first appearing.
DEVELOPER:
PROTERRA-IDAHO. Inc.
By
Charles W. Akerlow, President
,~,,,~~
-~
Steve Petersen, Secretary
CITY OF MERIDIAN
~`,~~uur~rn~~,~~
~,.~``~ ~~ ~Ff~j~''%, Grant P. Kingstiord, Mayo
\ (~ ~~ ~ ~r~ I ~~ ~~
c
~' ~ 7
.A ~~ - '
William G. Berg, Jr., CityLCle
~ 7
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 7
i ~
STATE OF UTAH )
Cuunty of Salt Lake }
SS.
On this30~ day of ~-- , 1995, before me, the undersigned, a Notary Public
in and for said State, persona y appeared Charles W °'l:uw and Stev -Petersen, known, or
proved to me, to be the President and Secretary of said corporation that executed this instrument
and the persons who executed the said instrument on behalf of said corporation, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
da~and~ear ~„n,~,e,~ifacdtg~-st above written.
No~'Y t-.,~~..
~ ~~~~'`'~ ANN~Lb~F `sa~11~:~NAM S
!~ti ~.~>~a 1450 g33ita~ ~/ay f03 ~
~ ~:° ~' ~ Salt Lal~a Ciy,.Utah A4
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i ~ ,„~ state of ugh 1 Notary Public for Idaho
~,._.....v----.r _.......~...... Residing at:
(SEAL) My Commission Expires:
STATE OF IDAHO )
County of Ada
Ss.
On this 3otn day of June , 1995, before me, the undersigned, a Notary Public
in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that
executed this instrument and the persons who executed the said instrument on behalf of said
corporation, and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written. ~
~ d,%
r J,
_'~~ ~pTA~gy~:s
(SEAL} " ~ ~ ~ \G 8 ~
'~ v' ~ ~- •
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,~~~ E ~~ ~~~~,.
~~ary Public for Idaho
,stding at: Meridian
y Commission Expires: 08(02/99
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 8
ou •' U8. 9S 03: ~U '8'~OS X9-1 996
i~ -~
File Numbers TIM P138288
PIONEER TITLE
COIt3MITti9ENT FOI - ITLE INSURANCE
SCHEDULE C
The land referred to in this Commitment is desCribetf as follows:
A PARCEL OF LAND LYING IN GOVERNMENT LOT 1 (THE NORTHEAST OUARTEFi OF THE NORTHEAST
QUAI~7ER} OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, 601SE-MERIDIAN. IN ADA COUNTY,
IDAHO. MORE PARTICUL4RLY DESCRIEED AS FOLLOWS:
BEGiNIJING AT A POINT SOUTH 0 DEGREE 7' EAST 255.75 FEET FROM THE CORNER STONE OF THE
NORTHEAST CORNER OF THE NORTHEAST QUARTER SECTION 3, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE-MERIDIAN; THEivCE CONTINUING
SGUTH Q QEuREE r" EAST 1u5425 FEcT: THENCE
SOUTH 89 DEGREES 52' WEST 56 >rEc; ;THENCE
NORTH 5a CEGRELB 8' 'v':EST 1Cu FEET; THENCE
NORTH 33 DEGREES 32' WEST 808 FEET; THENCE
NORTH 47 DEGREES 25' EAST 444.20 FEET ;THENCE
NORTH 0 DEGREES 7' EAST 7.5.?2 FEET; THENCE
SOUTH s9 DEt;REES 53' EAST 255.75 FEETTO THE REAL POINT OF 6EGINNING.
EXCEPT AN IRREGULAR TRACT OF LAND LYING IN LOT 1, 5ECTION 3, TOWNSHIP 3 NORTH, RANGE 1
WEST, 601SE MERIDIAN. ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT SOUTH 0 DES=REE 7' EAST 255.75 FEET FROM THE CORNEA STONE OF THE
NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 3. TOWNSHIP 3 NORTH, RANGE 1
WEST. BOISE MERIDIAN, THENCE CONTINUING;
SOUTH 0 DEGREE 7' EAST 1,054.25 FEET, THENCE;
SOUTW 39 DEGREI=S S2' WEST 56 FcET, THENCE;
NORTH 58 I~EGRE=ES 3' WEST 100 FEET, THENCE 33 DEGREES 32' WEST 808 FEET, THENCE;
NORTH 47 DEGREES 25' EAST h44.20 FEET , THENCI=:
NORTH 0 DEGREE 7' EAST 25.22 FEET, THENCE;
SGUTH 88 DEGREES 53' EAST 255.75 FEET TO THE POINT AND PLAC>= OF BEGINNING.
AND F'iIRTHER EXCEI'TTNG THAT PORTIQN OF THE NAMPA AND MERIDIAN, IRRIGATION DISTRICT
DRAINAGE RIGHT-OF-WAY, AND RIGHT-OF-WAY FQR N, TEN MILy ROAD.
~ iio=
END OF LEGAL DESCRIPTION
• •
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
PROTERRA-IDAHO~Inc.
This subdivision is for 24 single-family dwelling units with an overall density of 2.95 dwelling
units per acre. The DEVELOPER shall:
Tile all ditches, canals and waterways, including those that are property boundaries or
only partially located on the property; Nine Mile Creek is specifically excluded from the
tiling requirement.
2. Extend and construct water and sewer line extensions to serve the property and connect
to Meridian water and sewer lines.
3. Construct streets to and within the property.
4. Dedicate the necessary land from the centerline of North Ten Mile Road (45'} for public
right-of-way.
5. Pay any development, impact or transfer fee adopted by the CITY.
6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet the Ordinances of the CITY.
7. Provide twenty-foot (20') wide, mounded landscaping strips along North Ten Mile Road;
provide for maintenance of said berms and landscaping by the Homeowners Association.
8. Provide pressurized irrigation to all lots within this subdivision along with evidence to
the City of approvals from appropriate irrigation district/canal company and/or Bureau
of Reclamation.
9. Provide non-combustible fencing outside of the existing easements along the Nine Mile
Drain prior to applying for building permits; permit no encroachment in this area.
10. Provide perimeter fencing along north and east boundaries of Firelight Estates Subdivision
prior to applying for building permits.
11. Provide afourteen-foot (14') wide gravel access road over the sewer line located within
the Nine Mile Drain easement in accordance with the requirements of the City Engineer.
EXHIBIT "B"
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1
~ !
FIRELIGHT ESTATES
DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS
Dated: August 30, 1994
Recorded:
Instrument No.:
The undersigned, being the owners of the property hereinafter described,
hereby adopt the following protective covenants in their entirety to apply
to real property subdivided and contained in an estate to be known as
FIRELIGHT ESTATES, being a portion of Government Lot 1, Section 3, T.3N.,
R.1W., B.M., Ada County, Idaho, and as given in the attached legal
description.
FIRELIGHT ESTATES is divided into 23 single-family residential lots in
compliance with the local and state regulations and laws.
The following covenants shall ru ss Sloonerte urinated by agreemendt f the
for thirty (30) years hereafter unle
owners of seventy-five percent (75%) of the lots in the estates and are as
follows, to wit:
ARTICLE I
DEFINITIONS
"ASSOCIATION" shall mean aond reofit ~ orporat onSTAsEsu ~essorsNa nd
ASSOCIATION, INC., an Idaho n p
assigns.
"BUILDING LOTS" shall mean and refer to a lot, or to any parcel of said
property under one ownership.
"BENEFICIARY" shall mean a mortgagee under a mortgage or
beneficiary under a deed of trust, as the case may be, and/or the assignees
of such mortgagee, beneficiary or holder, which mortgage or deed of trust
encumbers parcels of real property on the Property.
"COMMITTEE" shall mean The Architectural Committee described in
Article VI hereof.
1.
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"COMMON AREA" shall mean all real property (including the
improvements thereto) owned by the Association for the common use and
enjoyment of the Owners. The Common Area to be owned by the
Association at the time of the recording the subdivision as set forth in detail
in the plat of the subdivision recorded in the records of the Recorder, Ada
County, Idaho.
"DECLARATION OR SUPPLEMENTAL DECLARATION" shall mean that this
declaration may hereafter be amended and supplemented from time to
time by Declarant.
"DECLARANT" shall mean and refer to Running Brook Estates, Inc., an
Idaho Corporation, and its successors and assigns, if such successors and
assigns should acquire more than one (1) undeveloped Lot from the
Declarant for the purpose of development and as part of such conveyance,
the Declarant assigns and transfers to such transferee the Declarant's rights
with respect to such lots.
"LOT" shall mean and refer to any plot of land shown upon any
recorded subdivision map of the Property with the exception of the
Common Area.
"IMPROVEMENT" shall be any structure, facility or system, or other
improvement or object, whether permanent or temporary, which is
erected, constructed or placed upon, under or in any portion of the
Property; including, but not limited to buildings, fences, streets, drives,
driveways, sidewalks, curbs, landscaping, signs, lights, mailboxes, electrical
lines, pipes, pumps, ditches, waterways, swimming pools and other
recreational facilities and fixtures of any kind whatsoever.
"MORTGAGE" shall mean and refer to any mortgage or deed of trust
and "Mortgagee" shall refer to the mortgagee or beneficiary under a deed
of trust, and "Mortgagor" shall refer to the mortgagor, or grantor of a deed
of trust.
"OWNER" shall mean and refer to the record Owner, whether one or
more persons or entities, of a fee simple title to any Lot which is part of the
Properties, including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation.
"PLAT" shall mean the recorded Plat of FIRELIGHT ESTATES and the
recorded plats of any other Properties annexed hereto.
"PROPERTIES OR PROPERTY" shall mean and refer to the real property
2.
hereinbefore described, and such additions thereto as may hereafter be
annexed and brought within the coverage of this declaration as more
particularly provided for herein.
"SET BACK" means the minimum distance established by law between
dwelling unit or other structure referred to and a given street, road or Lot
line.
"UNIT" shall mean One (1) residence which shall be situated upon a Lot.
"W.A.R.D." refers to the Western Ada Recreation District.
ARTICLE II
GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS
A. Land Use and Building Type - No Lot shall be used except for
residential purposes, and no Lot or the Common Area shall be used for the
conduct of any trade or business or professional activity. No building or
improvements shall be erected, altered, placed, or permitted to remain on
any Lot other that one designed to accommodate no more than one (1)
single-family residential dwelling.
1. Size Limitation -The ground floor area of the main
structure, exclusive of one-story open porches and garages, shall not be less
than 1,500 square feet for cone-story dwelling nor shall the main level be
less than 800 square feet for more than one story.
2. Garages -Each unit constructed with the Property shall
include at least a two (2) car, enclosed garage which is an integral part of
the unit structure. Three (3) car garages will be allowed based on
Committee approval.
3. Roofing Material - The roof of each unit must be
constructed of Laminated Architectural Shingles, Cedar Shake or Tile and
must be approved by the Architectural Control Committee.
B. Architectural Control - No Building shall be erected, placed or
altered on any lot until the construction plans and specification and a plan
showing the location of the structure have been approved by the
Committee as the quality of workmanship and materials, harmony of
external design and color with existing structures, and as to location with
respect to topography and finish grand elevation. No fence or wall shall be
erected, placed or altered on any lot nearer to any street than the
a
minimum building setback line unless similarly approved by the Committee
and shall also be in compliance with set-back requirements of the City of
Meridian.
No dwelling, fence, building, garage or other structure shall be built,
erected, placed, materially altered or materially repaired which shall alter
the surface colors or texture of any unit or portion thereof unless and until
plans, specifications and color scheme have been reviewed and approved
in advance by the Committee. It is the intent of these restrictions to
control the exterior appearance of such improvements. It is not the intent
of these restrictions to control interior repair or alteration, with the
exception of alteration of a garage into a living area.
Plans of all structures to be erected on any lot or within the Common Area
must be submitted to and approved by the Committee. Complete plan and
specifications of all proposed buildings and structures, together with a
detailed plan showing proposed location on a particular lot, shall be
submitted to the Committee before any construction or alteration is
commenced, and such construction or alteration shall not be commenced
until approval therefore is given by the Committee.
As to all improvements, construction and alteration upon any lot or
the Common Area, the Committee shall have the right to refuse to approve
any design, plan orcolorforsuch improvements, construction oralterations
which, in it opinion and judgment, are not suitable or desirable for any
reason, aesthetic or otherwise. In so passing on such design, the Committee
shall have the privilege in the exercise of its discretion to take into
consideration the suitability of the proposed building or of the structure,
the materials of which it is to be built, and the exterior color scheme in
relation to the site upon which it is proposed to be erected. The
Committee may also consider whether the proposed structure and design
shall be in harmony with the surroundings, the effect of the building or of
the structure or alteration therein as planned when viewed from adjacent
or neighboring property, and any and all other facts which, in the
Committee's opinion and judgement shall affect the desirability of such
proposed structure, improvement or alteration. Actual construction shall
comply substantially with the plans and specifications approved. If the
Committee does not act on this or any other proposal requiring its approval
within thirty (30) days following submission thereof, it shall be deemed
approved.
C. Exterior Maintenance -Owners Obligation - No improvements,
including mail boxes and landscaping, shall be permitted to fall into
disrepair, and each improvement shall at all times be kept in good condition
4.
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and repair. In the event that any Owner shall permit any improvement,
including trees and landscaping, which is the responsibility of such Owner
to maintain, to fall into disrepair so as to create a dangerous, unsafe,
unsightly or unattractive condition, or damage to property or facilities on
or adjoining their Lot which would otherwise be the Associations'
responsibility to maintain, the Board, upon fifteen (~ 5) days prior written
notice to the owner of said Lot, shall have the right to correct such
condition, and to enter upon such Owner's Lot for the purpose of doing so,
and such Owner shall promptly reimburse the Association for the cost
thereof. Such cost shall be a Limited Assessment and shall create a lien
enforceable in the same manner as other Assessments set forth herein. The
Owner of the offending Lot shall be personally liable, and his Lot may be
subject to mechanic's lien for all costs and expenses incurred by the
Association in taking such corrective action, plus all costs incurred in
collecting the amounts due. Each Owner shall pay all amounts due for such
work within ten (10) days after receipt of written demand therefore, or the
amounts may, at the option of the Board, be added to the amounts payable
by such Owners as Regular Assessments.
An individual owner(s) shall have the remedial rights set forth herein
if the Association fails to exercise its rights within a reasonable time
following written notice.
In the event the improvement on any Lot shall suffer damage or
destruction from any cause, the Owner thereof shall undertake the repair,
restoration or reconstruction thereof within ninety (90) days of such
damage or destruction. If after ninety (90) days, the repair, restoration or
reconstruction of such damaged or destroyed improvements have not
taken place, the Association, upon fifteen (15) days prior written notice to
the Owner of such Property, shall have the right to correct such condition,
and to enter upon Owner's Lot for the purpose of doing so. The Owner shall
bear all costs incurred by the Association and a lien shall be applied to the
LOt.
D. Improvements Location - No building or other improvement
shall be constructed in violation of set-back requirements established by
law, or by this Declaration as set forth on the recorded plat of the
Subdivision.
E. Nuisances - No noxious or offensive activity, including without
limitation, those creating an offensive odor, shall be carried on upon any
Lot or the Common Area nor shall anything be done thereon which may be
or may become an annoyance or nuisance to the neighborhood. Excessive
barking of dogs shall be considered a nuisance.
s.
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F. Temporary Structures - No improvements of a temporary
character, trailer, basement, tent, shack, garage, barn or other outbuilding
shall be placed or used on any Lot at any time as a residence either
temporarily or permanently.
G. Signs - No sign of any kind shall be displayed to the public view
on any Lot except one sign of not more than five (5) square feet advertising
the Property for sale or rent, or signs used by a builder or the Declarant to
advertise the Property during the construction and sale period.
H. Oil and Mining Operations - No oil drilling, oil development
operations, oil refining, quarrying or mining operation of any kind shall be
permitted upon the property, nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted upon the Property. No derrick or other
structure designed for use in boring for oil or natural gas shall be erected,
maintained or permitted upon the Property.
I. Livestock and Poultry - No animals, livestock, or poultry of any
kind shall be raised, bred or kept on any Lot, except that dogs, cats or other
household pets may be kept provided that they are not kept, bred, or
maintained for any commercial purpose and provided that the keeper of
such pets complies with all city, and county laws, rules and regulations. No
more than 2 household pets shall be allowed per unit. All household pets
shall be confined to that area within the boundaries of the lot or kept on
a leash. No dog runs or kennels shall be permitted to be kept or placed
within five (5) feet of a set-back line where applicable. Dog runs or kennels
shall only be permitted to be placed and maintained to the rear of
dwellings. Prior to occupancy of property, the yard must be fenced so that
such structure is not visible from the street or the adjoining properties. All
such kennels or facilities shall comply with all applicable laws and rules.
J. Garbage and Refuse Disposal - No rubbish, trash, garbage,
refuse or debris shall be placed or allowed to remain on the Property except
trash kept and maintained within the interior of a unit in sanitary
containers. All such material shall only be kept in sanitary containers. All
equipment for the storage or disposal of such material shall be kept in a
clean, neat and sanitary condition and kept appropriately screened from
view.
K. Water Supply - No individual domestic water supply system shall
be permitted on any Lot.
L. Sewage Disposal - No individual sewage disposal system shall be
permitted on any Lot. All Lots shall be subject to the following sewer
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requirements of the City of Meridian.
~. A monthly sewer charge must be paid after connecting to
the City of Meridian public sewer system, according to the ordinances and
laws of the City.
2. Each Owner shall submit to inspection by the Department
of Public Works, the Department of Building, or other Department
whenever a subdivided Lot is to be connected to the sewage system
constructed and installed on and within it's Property.
3. The applicant/Owner of this subdivision, or Lot or Lots
therein, shall and hereby does vest in the City of Meridian, the right and
power to bring all actions against the Owner of the premises hereby
conveyed or part thereof for the collection of any charges herein stated.
M. Sight Distance at Intersections -Shall meet all City Code
requirements.
N. Declarant's Right -Declarant reserves the right to construct
residences and other improvements upon any Lot and to offer the same
with completed structures thereon for sale to individual Owners.
O. Boats. Campers, and Vehicles -Parking of boats, trailers,
motorcycles, trucks, truck-campers and like equipment shall not be allowed
on any part of said property nor on public ways adjacent thereto, excepting
only within the confines of a privacy fence or storage structure behind the
setback line.
P. Antennas and Service Facilities -Exterior antennas or satellite
dishes shall not be permitted to be placed upon the roof of any structure
or positioned on any lot so as to be visible from the street in front of said
lot. Clothes lines and other facilities shall be screened so as not to be
viewed from the street. The placement of all such items shall be approved
by the Architectural Control Committee and include a map depicting the
plan of such items.
Q. Hazardous Activities - No activity shall be conducted on or in
any Unit, Lot or Common Area which is or might be unsafe or hazardous to
any person or Property. Without limiting the generality of the foregoing,
no firearms shall be discharged upon said Property; no open fires shall be
lighted or permitted on any property except in aself-contained barbecue
unit while attended and in use for cooking purposes.
7.
R. Unsightly Articles - No unsightly articles shall be permitted to
remain on any lot or Common Area as to be visible from any other portion
of the Property. Without limiting the foregoing, no clothing or household
fabrics shall be hung, dried or aired in such a way as to be visible from any
other portion of the Property. No lumber, grass, shrub or tree clippings or
plant waste, compost piles, metals, building or other materials or scrap or
other similar material or articles shall be kept, stored or allowed to
accumulate on any portion of the Property except within an enclosed
structure or appropriately screened from view as approved by the
Architectural Committee.
S. Lights. Sound-General - No light shall be emitted from any lot
within or without a unit or from the Common Areas which light is
unreasonably bright or causes unreasonable glare. No sound shall be
emitted from any Lot or Common Area which is unreasonably loud or
annoying. No odors shall be emitted on or from any property which are
noxious or offensive to others.
T. Construction -During the course of actual construction of any
permanent improvements, the restrictions contained in the Declaration and
any supplemental declarations shall be deemed waived to the extent
necessary to permit such construction, provided that during the course of
such construction nothing shall be done which will result in a violation of
these restrictions upon completion of construction and all construction shall
be diligently prosecuted to completion, continuously and without delays.
No excavation material, grass or yard clippings, rubbish, trash, garbage,
refuse or debris shall be placed or allowed to remain on any vacant or
unimproved lot.
U. Re-Construction - In any case where it is necessary to
reconstruct a Unit or any improvement in the Common Area, said re-
constructionshall beprosecuted diligently, continuously and without delays
from time of commencing theb ocauses beyond controllandllonly foplsucdh
and painted, unless prevented y
time that such causes continue.
V. Fences - Fences shall be of vertical cedar design and
construction. All other fence types or designs must be approved by the
Architectural Control Committee. Privacy screening for patios and decks
must be attached to the house and either constructed of the same siding
material and color as the house or heavy lattice or a material approved by
the Architectural Control Committee.
W. Plat Conditions -All covenants, conditions and restrictions and
8.
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other matters set forth on all Plats are hereby incorporated by reference
and notice is hereby given to the same.
X. Front and Side Yards -Within thirty (30) days after occupancy
of the dwelling unit, each lot shall have in the front yard rolled sod lawn,
one deciduous or conifer tree, at least two (2) inches in diameter and ten
(10) shrubs or bushes as approved by the Architectural Control Committee.
All front yard landscaping must be completed within ninety (90) days from
the date of occupancy of the residence constructed thereon. In the event
of undue hardship due to weather conditions, this provision may be
extended up to a maximum of six (6) months upon written approval by the
Architectural Control Committee.
Y. Easements -Easements for installation and maintenance of
utilities and drainage facilities are reserved, as shown on the recorded plat
of said subdivision over the areas indicated on said plat. Within these
easements no structure, planting or other material shall be placed or
permitted to remain which may damage or interfere with the installations
and maintenance of the utilities or which may change the direction or flow
of water through drainage channels in the easements. 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 or in any landscape easement areas so
maintained by the Homeowners Association.
Z. Irrigation -The Declarant/Grantors will provide a pressurized
irrigation system with a delivery point to each lot, including common areas.
The feed source for this system is being provided by the Englewood Creek
Estates Subdivision No. 1 Homeowners Association.
AA. Bathrooms-All bathroom, sinkand toiletfacilitiesshall be inside
residential buildings and shall be connected by underground pipes directly
with the City of Meridian sewer system.
AB. Maintenance and Repairs - In the event the improvements on
any lot shall suffer damage or destruction from any cause, the owner
thereof shall undertake the repair, restoration or reconstruction thereof
within ninety (90) days of such damage or destruction. See Paragraph C.
above.
AC. Life of Covenants -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 dautomat callr extended foes~ccess ve per od of ten (10)
covenants shall be a y
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years, unless sooner terminated by agreement of the owners of seventy-five
(75%) of the land in the subdivision and after all lots therein have been sold
by Declarant.
AD. Covenant Enforcement -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 in law or equity.
In the event a judgement against any person for such violation, the Court
may award injunction against further violations, require such compliance
and award court costs and attorney fees as may be deemed just and
equitable to the party or the Association enforcing the covenants.
ARTICLE III
COMMON AREA PROPERTY RIGHTS
The Common Areas granted to FIRELIGHT ESTATES Homeowners
Association, Inc., an Idaho corporation, are described as:
A. Use and Owner's Easements -Every Owner shall have a right
and easements of enjoyment in and to the Common Area which shall be
appurtenant to and shall pass with the title to every Lot, subject to the
following provisions:
~. The right of the Association to charge reasonable
admission and other fees for the use of any recreational facility situated
upon the Common area:
2. The Association has the right to suspend the voting rights
and right to the use of the recreational facilities and Common Area by any
owner for any period during which any assessment against his lot remains
unpaid; and for a period not to exceed sixty (60) days for any infraction of
its published rules and regulations.
3. The Common Area cannot be mortgaged, dedicated or
conveyed to anyone without the consent of at least two-thirds (2/3) of the
Lot owners (excluding the Declarant) nor can the Common Area by
mortgaged without approval of HUD/VA as long as there are Class B
members of the Association.
4. If ingress or egress to any residential Lot is provided
through the Common Area by easements then any
lo.
•
conveyance/encumbrance of the Common Area must be subject to the Lot
owner's ingress/egress right.
B. Delegation of Use -Any owner may delegate, in accordance
with the Bylaws, his right of enjoyment to the Common Area and facilities
to the members of his family, guests, tenants or contract purchasers who
reside on the property.
C. Damages -Each Owner shall be liable for any damage to such
Common Areas or other property owned or maintained by the Association
which may be sustained by reason of the negligence or willful misconduct
of said Owner or of his family and guests, tenants or contract purchasers,
both minor and adult. In the case of joint ownership of a Lot, the liability
of such Owners shall be joint and several. The cost of correcting such
damage shall be charged as a limited assessment against the Owner and his
Lot and may be collected as provided herein for the collection of other
assessments. However, no individual Lot owner shall have liability for
damage to the Common Area or liability for injury to another arising out of
someone's use of the Common Area and merely by virtue of being a Lot
owner.
ARTICLE IV
FIRELIGHT ESTATES ASSOCIATION
A. Organization of Association - Homeowners Association
("Association") shall be organized by Declarant as an Idaho Corporation
formed under the provisions of the Idaho Non-Profit Corporation Act and
shall be charged with the duties and invested with the powers prescribed
by law and set forth in the Articles, Bylaws and this Declaration. Neither the
Articles nor the Bylaws shall, for any reason, be amended or otherwise
changed or interpreted so as to be inconsistent with this Declaration. In the
event of any conflict this Declaration shall govern.
B. Membership -Each Owner of a Lot subject to this Declaration
(including the Declarant) by virtue of being such an Owner and for so long
as such ownership is maintained, shall be a Member of the Association, and
no Owner shall have more than one membership in the Association, except
as the Association shall not be assignable, except to the successor-in-interest
of the Owner, and all memberships in the Association shall be appurtenant
to the Lot owned by such Owner. The memberships in the Association shall
not be transferred, pledged or alienated in any way except upon the
transfer of title to said Lot and then only to the transferee of title to said
Lot. Any attempt to make a prohibited membership transfer shall be void
11.
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and will not be reflected on the books of the Association.
C. Votin -The Association will have two (2) classes of voting
memberships.
~. Class A - Class A members shall be the Owners, with the
exception of the Declarant, and shall be entitled to one (1) vote for each Lot
owned. When more than one person holds an interest in any Lot, all such
persons shall be members. The vote for such Lot shall be exercised as they
determine, but in no event shall more than one (1) vote be cast with respect
to any Lot.
2. Class B -The Class B members shall be the Declarant. Upon
the recording hereof, Declarant shall be entitled to three (3) votes for each
Lot of which Declarant is the Owner. The Class B membership shall cease and
be converted to Class A membership on January 1, 2010, or when the
Declarant has conveyed 75% of the Lots by deed to the homeowners,
whichever event shall first occur.
D. Board of Directors and Officers -The affairs of the Association
shall be conducted by a Board of Directors and such officers as the Directors
may elect or appoint, in accordance with the Articles, Bylaws, and this
Declaration as the same may be amended and supplemented from time to
time. The initial Board of Directors of the Association shall be appointed by
the incorporators of their successors and shall hold office until the first
annual meeting, at which time a new Board of Directors shall be elected in
accordance with the provisions set forth in the Bylaws.
E. Powers and Duties of the Association
1. Powers -The Association shall have all the powers of a
non-profit corporation laws of the State of subject only to such limitation
upon the exercise of such owners as are expressly set forth in the Articles,
the Bylaws and this Declaration. It shall have the power to do any and all
lawful things which may be authorized, required or permitted to be done
by the Association under this Declaration, the Articles and the Bylaws, and
to do any perform any and all acts which may be necessary or proper for,
or incidental to the proper management and operation of the Common
Area and the performance of the other responsibilities herein assigned,
including without limitation:
a. Assessments -The power to levy assessments (annual,
special and limited) on the owners of Lots and to force payment of such
assessments, all in accordance with the provisions of this Declaration.
12.
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b. Right of Enforcement -The Power and authority from
time to time in its own name, on its own behalf or on the behalf of any
Owner or Owners who consent thereto; to commence and maintain actions
and suites to restrain and enjoin any breach or threaten breach of this
Declaration of the Articles or the Bylaws, including the Association rules
adopted pursuant to this Declaration, and to enforce by mandatory
injunction or otherwise, all provisions hereof.
c. Delegation of Powers -The authority to delegate its
powerand duties to committees, officers, employees, orto any person, firm
or corporation to act as manager. Neither the Association or the members
of its Board shall be liable for any omission or improper exercise by the
manager of any such duty or power so delegated.
d. Association Rules -The power to adopt, amend and repeal
by majority vote of the Board such rules, and regulations as the Association
deems reasonable and which are consistent with this Declaration (The
Association Rules). The Association rules shall govern the use of the
Common Area by the Owners, families of the Owners, or by an invitee,
licensee, lessee, or contract purchaser of any Owner; provided, however,
that the Association rules may not discriminate among owners and shall not
be inconsistent with this Declaration the Articles or Bylaws. A copy of the
Association rules as they may from time to time be adopted, amended or
repealed, shall be mailed or otherwise delivered to each Owner. Upon such
mailing or delivery and posting, said Association rules shall have the same
force and effect as if they were set forth in and area part of this
Declaration. In the event of any conflict between such Association rules, the
Articles of Incorporation, Bylaws and this Declaration the provisions of this
Declaration shall govern. Any conflict between the Articles or Bylaws and
rules and regulations shall be governed by the former.
e. Emergency Powers -The Association or any person
authorized by the Association may enter upon any Lot in the event of any
emergency or potential danger to life or property or when necessary in
connection with any maintenance or construction for which it is
responsible. Such entry shall be made with as little inconvenience to the
Owners as practicable and any damage caused thereby shall be repaired by
the Association.
f. Licenses. Easements, and Rights-of-Way -The Power to
grant and convey to any third party such licenses, easement and rights-of-
way in, on or under the Common Area as may be necessary or appropriate
for the orderly maintenance, preservation and enjoyment of the Common
13.
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Area and for the preservation of the health, safety, convenience and
welfare of the Owners, for the purpose of constructing, erecting, operating
or maintaining:
Underground lines, cables, wires, conduits and other
devises for the transmission of electricity for lighting,
heating, power, telephone and other purposes; and
Public sewers, storm drains, water drains and pipes, water
systems, sprinkling systems, water, heating and gas lines or
pipes; and
• Any similar public or quasi-public improvements or
facilities.
The right to grant such licenses, easements and rights-of-way are
hereby expressly reserved to the Association, subject to Declarant's approval
while there are still Class B members.
2. Duties of the Association - In addition to powers delegated to
it by the Articles, without limiting the generality thereof, the Association or
its agents, if any, shall have the obligation to conduct all business affairs of
common interest to all Owners, and to perform each of the following
duties:
a. Operation and Maintenance of Common Area -Operate,
maintain and otherwise manage or provide for the operation, maintenance
and management of the Common Area including the repair and
replacement of property damaged or destroyed by casualty loss and other
property acquired by the Association.
b. Taxes and Assessments - Pay all real and personal
property taxes and assessments separately levied against the Common Area
owned and managed by the Association or against the Association and/or
any property owned by the Association. Such taxes and assessments may
be contested or compromised by the Association; provided, however, that
they are paid or a bond insuring payments is posted prior to the sale or the
disposition of a tax exempt corporation.
c. Water and Other Utilities -Acquire, provide and/or pay
for water, sewer, garbage disposal, refuse and rubbish collection, electrical,
telephone and gas and other necessary services for the Common Area and
the property owned or managed by it.
14.
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d. Insurance -Obtain from reputable insurance companies
authorized to do business in the State of Idaho and maintain in effect the
following policies of insurance.
• Comprehensive public liability insurance insuring the
Board, the Association, the Declarant and the individual
owners and agents and employees of each of the
foregoing against any liability incident to the ownership
and/or use of the Common Area or their property owned
or managed by it. Limits of liability of such coverage shall
be not less than Five Hundred Thousand Dollars
(5500,000.00) per person and Five Hundred Thousand
Dollars ($500,000.00) per occurrence with respect to
personal injury or death, and property damage.
• If the Board so elects, liability insurance coverage of the
directors and the officers of the Association with coverage
of Two Hundred Fifty Thousand Dollars ($250,000.00), or in
an amount as determined by the Board.
Such other insurance including Workmen's Compensation
insurance to the extent necessary to comply with all
applicable laws and indemnity, faithful performance,
fidelity and other bonds as the Board shall deem necessary
or required to care out the Association functions or to
insure the Association against any loss from malfeasance
or dishonesty of any employee or their person charged
with the management or possession of any Association
funds or other property.
The Association shall be deemed trustee of the interests of
all Members of the Association in any insurance proceeds
paid to it under such policies, sand shall have full power to
receive their interests in such proceeds and to deal
therewith.
Insurance premiums for the above insurance coverage
shall be deemed a common expense to be included in the
assessments levied by the Association.
Notwithstanding any other provision herein, the
Association shall continuously maintain in effect such
other additional casualty, flood and liability insurance as
the Board deems necessary or appropriate.
15.
e. Rule Making -Make, establish, promulgate, amend and
repeal the Association rules.
f. Architectural Committee -Declarant has the right to
appoint and remove members of the Committee, all subject to the
provisions of this Declaration
g. Drainage System -Operate, maintain, repair and replace,
all drainage systems located within the Property and shown on the Plat
which are not maintained by public authorities.
h. Right-of-Way Maintenance -Maintain, repair and replace
the landscaped berm, including the sprinkler system installed thereon, and
the fence located on Cherry Lane, or any other public right-of-way adjacent
to the Property and such other landscaping located with public right-of-way
as the board deems necessary or appropriate.
i. Irrigation Maintenance -Maintain, repair, replace all
pressurized irrigation lines and appurtenances, or channels located on or
serving this subdivision, and to pay all maintenance and construction fees
of any Irrigation District with respect to the Property, which amounts shall
be assessed against each Lot as provided herein.
j. Street fights -Maintain, repair and replace street lights
within the Property to the extend such street lights are not operated,
maintained, repaired and replaced by the City of Meridian or other
governmental entity, which has jurisdiction of such matters.
k. Subdivision Approval Responsibilities - Perform all
continuing duties and responsibilities imposed upon the Grantor pursuant
to any governmental approvals relating to the Property including, without
limitation, those set forth in the preliminary plat approval for the
Subdivision.
3. Personal Liability - No member of the Board or any committee
of the Association or the Architectural Committee or an officer of the
Association, or the Declarant, or the manger, if any, shall be personally liable
to any Owner, or any other party, including the Association, for any damage,
loss or prejudice suffered or claimed on the account of any act, omission,
error or negligence of the association, the Board, the manager, if any, or
any other representative or employee of the Association, the Declarant or
the Architectural Committee, any other committee or any officer of the
Association, or the Declarant, provided that such person has, upon the basis
of such information as may be possessed by him, acted in good faith
16.
i •
without willful or intentional misconduct.
ARTICLE V
COVENANT FOR MAINTENANCE AND ASSESSMENTS
A. Creation of the Lien and Personal Obligation of Assessments
- The Declarant, for each Lot owned within the Property, hereby covenants
and each owner of any lot by acceptance of the deed therefor, whether or
not it shall be so expressed in such deed, is deemed to covenant and agree
to pay to the Association:
~. All regular assessment or charges whether monthly,
quarterly or annual.
2. Special assessments for capital improvements, such
assessments to be established and collected as hereinafter provided.
3. Limited assessments as hereinafter provided.
Any and all assessments, together with interest, costs and reasonable
attorney's fees, shall be a charge on the land and shall be a continuing lien
upon the property against which each such assessment is made. Each such
assessment, together with interest, costs and reasonable attorney fees, shall
also be the personal obligation of the person who was the owner of such
property at the time when the assessment was assessed shall not pass to his
successors in title unless expressly assumed by them.
B. Purpose of Assessments
1. Regular Assessments -The regular assessments levied by
the Association shall be used exclusively to promote the recreation, health,
safety and welfare of the residents in the Properties and for the
improvement and maintenance of the Common Area, to pay property taxes
and other assessments, to pay the annual assessments of any irrigation
district and to pay such other reasonable costs and expenses which are
incurred by the Association carrying out the duties, and business of the
Association.
2. Special Assessments for Capital Improvement - In
addition to the annual regular assessments authorized above, the
Association may levy, in anyassessmentyear, especial assessmentapplicable
to that year only for the purpose of defraying, in whole or in part, costs and
expenses of the Association which exceed the regular assessments or the
17.
costs and expenses of any construction, reconstruction, repair or
replacement of a capital improvement upon the Common Area, including
fixtures and personal property related thereto, provide that any such
assessment shall be approved by atwo-thirds (2/3) vote of each class of
members who are voting in person or by proxy at a meeting duly called for
this purpose. Additionally upon the sale of each Lot by Grantor, the
purchaser shall pay cone-time special assessment of Thirty and No/100
Dollars ($30.00) per Lot. Such special assessment shall be paid on or before
the date of recordation of the deed from Grantor to the purchaser.
Grantor, as agent for the Association, shall be entitled to collect this one-
timespecial assessment at the closing of the Lot sale. This one-time special
assessment shall be used to defray organizational cost for the Association
and general costs of operation.
3. Limited Assessments -The limited assessments may be
levied against any owner in an amount equal to the costs and expenses
incurred by the Association, including legal fees for corrective action
necessitated by such Owner, without limitation, costs and expenses incurred
for the repair and replacement of the Common Area or other property
owned or maintained by the Association, damaged by negligent or willful
acts or any Owner or occupant of a Lot who is occupying the Lot with the
consent of such Owner, or for maintenance of landscaping performed by
the Association which has not been performed by Owner as provided
herein.
C. Maximum Annual Regular Assessment -The initial maximum
annual regular assessment to be assessed by the Association, shall be
Seventy Five and No/100 Dollars (575.00) per Lot per year.
~. The maximum annual assessment may be increased by the
Board each year by not more than ten percent (10%) above the maximum
assessment for the previous year without a vote of the membership of the
Association as provided below.
2. The maximum annual assessment may be increased above
ten percent (10%) by atwo-thirds (2/3) vote of each class of the members
who are voting in person or by proxy, at a meeting duly called for this
purpose, or any regularly scheduled meeting.
3. The Board of Directors of the Association may fix the
amount of the annual assessment at an amount not in excess of the
maximum as established from time to time.
4. The total annual regular assessment, levied against the Lots
18.
•
owned by the Declarant, shall be the lessor or (~) the amount of the regular
assessment per Lot multiplied by the number of lots owned by the
Declarant or (b) the difference between the total annual assessment levied
against lots owned by the other parties, other than the Declarant, and the
reasonable expenditure of the Association for the purposes described in
Article V. Section B. sub part 1 for the fiscal year.
D. Notice and Quorum for any Action Setting Assessment -
Written notice of any meeting called for the purpose of taking any action
authorized under this Assessment Section shall be sent to all members not
less than ten (10) days nor more than fifty (50) days in advance of the
meeting. At the first such meeting called, the presence of members or of
proxies entitled to cast sixty percent (60%) of all the votes of each class of
membership shall constitute a quorum. If the required quorum is not
present, another meeting may be called subject to the same notice
requirement, and the required quorum at the subsequent meeting shall be
one-half (~/2) of the required quorum at the preceding meeting. No such
subsequent meeting shall be held more than sixty (60) days following the
preceding meeting.
E. Uniform Rate of Assessment - Both annual and special
assessments must be fixed at a uniform rate for all Lots and may be
collected on an annual or together basis as determined by the Association
from time to time.
F. Date of Commencement of Annual Assessments -Due Dates -
Theannual regular assessments or any special assessments then in effect as
provided for herein shall commence as to a Lot or Lots on the first day of
the first year following the conveyance of the Lot or Lots from Declarant to
an Owner or Owners. The Board of Directors shall fix the amount of the
annual assessment against each Lot at least thirty (30) days in advance of
each annual assessment period. Written notice of the annual assessment
shall be sent to every Owner subject thereto. The due dates shall be sent
to every Owner subject thereto. The due dates shall be established by the
Board of Directors. The Association shall, upon demand, and for the
reasonable charge, furnish a certificate signed by an Officer of the
Association setting forth whether the assessments on a specified Lot have
been paid. A properly executed certificate of the Association as to the
status of assessments on a Lot is binding upon the Association as of the date
of its issuance.
G. Effect of Non-Payment of Assessments -Remedies of the
Association -Any assessment not paid within thirty (30) days after the due
date shall bear interest from the due date at a rate of eighteen percent
19.
•
(18%) per annum or at the highest rate allowed by law if such rate is less
than eighteen percent. The Association may bring an action at law against
the Owner personally obligated to pay the same, or foreclosure the lien
against the property. No Owner may waive or otherwise escape liability for
the assessments provided for herein by non-use of the Common Area or
abandonment of his Lot.
H. Subordination of the Lien to Mortgages -The lien of any
assessments provided for herein shall be subordinated to the lien of any
first mortgage (deed of trust) against the Lot. No mortgagee (nor
beneficiary of a deed of trust) shall be required to collect any unpaid
assessments. The failure of a Lot owner to pay assessments shall not
constitute a default under a mortgage (deed of trust) insured by HUD/vA.
The sale or transfer of any Lot shall not affect the assessment lien.
However, the sale or transfer of any Lot pursuant to mortgage foreclosure
or any proceeding in lieu thereof, shall extinguish the lien of such
assessments as to payment which become due prior to such sale or transfer
but shall not extinguish personal liability. No sale or transfer shall relieve
such Lot from liability for any assessments thereafter becoming due or from
the lien thereof.
ARTICLE VI
ARCHITECTURAL COMMITTEE
A. Members of the Committee -The Architectural Committee for
the Property, sometimes referred to as the "Committee", shall consist of
three (3) members. The following persons are hereby designed by Declarant
as the initial members of the Committee for the Property.
NAME
FIRELIGHT ESTATES
Glenn Johnson
Steve Anderson
Jack D. Rose, Rep. from Hubble Engineering
Each of said persons shall hold office until such time as he has
resigned or has been removed or his successor has been appointed or
elected, as provided herein.
B. Right of Appointment and Removal - At any time, Grantor is
the Owner of at least one (~) of the Lots, Grantor shall have the right to
?o.
•
appoint and remove all members of the Committee. Thereafter, the Board
of Directors of the Association shall have the power to appoint and remove
all members of the Committee. Members of the Committee may be
removed at any time, without cause.
C. Review of Proposed Construction -The Committee shall
consider and act upon any and all proposals or plan and specifications
submitted for its approval pursuant to this Declaration, and perform such
other duties as from time to time shall be assigned to it by the Board of the
Association, including the inspection of construction in progress to assure
that it conforms with plans approved by the Committee. The Board shall
have the power to determine, by rule of their written designation
consistent with this Declaration, which types of improvements shall be
submitted for its approval only if it deems that the construction, alterations
or additions contemplated thereby in the location indicated will not be
detrimental to the appearance of any structure affected thereby and will
be in harmony with the surrounding structures, and that the upkeep and
maintenance thereof will not become a burden on the Association.
1. Conditions of Approval -The Committee may condition
its approval of proposals or plans and specifications upon such changes
therein as it deems appropriate, or upon the agreement of the Owner
submitting the same ("Applicant") to grant appropriate easements to an
Association for the maintenance thereof, upon the agreement of the
Applicant to reimburse the Association for the cost of maintenance, or upon
all of the above, any may require submission of additional plans and
specifications or other information before approving or disapproving
material submitted.
2. Committee Rules and Fees -The Committee also may
from time to time establish rules and/or guidelines setting forth procedures
for the required content of the applications and plans submitted for
approval. Such rules may require a fee to accompany each application for
approval, or additional factors which it will take into consideration in
reviewing submissions. The Committee shall determine the amount of such
fee in a reasonable manner, provided that in no event shall such fee exceed
Twenty Five Dollars. Such fees shall be used to defray the costs and
expenses of the Committee or for such other purposes as established by the
Board. Such rules and guidelines may establish, without limitation,
procedures, specific rules and regulations regarding design and style
elements, landscaping and fences and other structures such as animal
enclosures as well as special architectural guidelines applicable to Building
Lots located adjacent to public and/or private open space.
21.
•
3. Detailed Plans -The Committee may require such detail in
plans and specifications submitted for its review as it deems proper,
including, without limitation, floor plans, landscape plans, drainage plans,
elevation drawings, and descriptions or samples of exterior material colors.
Until receipt by the Committee of any required plans and specifications, the
Committee may postpone review of any plan submitted for approval.
4. Committee Decisions -Decisions of the Committee and
the reasons therefore shall be transmitted by the Committee to the
Applicant at the address set forth in the application for approval within
thirty (30) days after filing all materials required by the Committee. Any
materials submitted pursuant to this Article shall be deemed approved
unless written disapproval by the Committee shall have been mailed to the
Applicant within thirty (30) days after the date of the filing of said materials
with the Committee. The said thirty (30) day period shall only commence to
run when an authorized representative of the Committee has executed an
application form acknowledging acceptance of such application and
acknowledging that such application is complete.
D. Meeting of the Committee -The Committee shall meet from
time to time as necessary to perform its duties hereunder. The Committee
may from time to time by resolution unanimously adopted in writing,
designate a Committee Representative (who may, but not need be one of
its members) to take an action or perform any duties for and on behalf of
the Committee, except the granting of variances, in the absence of such
designation, the vote of any two (2) members of the Committee, or the
written consent of any two (2) members of the Committee taken without
a meeting, shall constitute an act of the Committee.
E. No Waiver of Future Approvals - The approval of the
Committee of any proposals or plans and specifications or drawings for any
work done or proposed, or in connection with any other matter requiring
the approval and consent of the Committee, shall not be deemed to
constitute a waiver of any right to withhold approval or consent as to any
similar proposals, plans and specifications, drawings or matter whatever
subsequently or additionally submitted for approval or consent.
F. Compensation of Members -The members of the Committee
shall receive no compensation for services rendered, other than
reimbursement for expenses incurred by them in the performance of their
duties hereunder and except as otherwise agreed by the Board.
C. Inspection of Work -Inspection of work and correction of
22.
defects therein shall proceed as follows:
1. Any member of the Committee or its representative may
inspect the work at any time during construction or within thirty (30) days
after completion of construction. If the Committee finds that such work
was not done in substantial compliance with the approved plans, it shall
notify Owner in writing of such non-compliance within a sixty (60) day
period, specifying the particular non-compliance, and shall require the
Owner to remedy the same.
2. If for any reason the Committee fails to notify the Owner
of any non-compliance within sixty (60) days of completion of the
construction, the improvement shall be deemed to be in accordance with
the approved plans.
H. Non-Liability of Committee Members -Neither the Committee
nor any member thereof, nor its duly authorized Committee representative,
shall be liable to the Association, or to any owner or Grantee for any loss,
damage or injury arising out of or in any way connected with the
performance of the Committee's duties hereunder, provided such person
has, upon the basis of such information as may be possessed by him, acted
in good faith without willful or intentional misconduct. The Committee shall
review and approve or disapprove all plans submitted to it for any proposed
aesthetic considerations and the overall benefit or detriment which would
result in the immediate vicinity and to the Property generally. The
Committee shall take into consideration the aesthetic aspects of the
architectural designs, placement of building, landscaping, color schemes,
exterior finishes and materials and similar features, but shall not be
responsible for reviewing, nor shall its approval of any plan or design from
the standpoint of structural safety or conforming with building or other
codes.
I. Variance - The Committee may authorize variances from
compliance with any of the architectural provisions of this Declaration or
any Supplemental Declaration, including restrictions upon height, size, floor
area or placement of structures, or similar restrictions, when circumstances
such as topography, natural obstructions, hardship, aesthetic or
environmental considerations may require. Such variances must be
evidenced in writing, must be signed by at least two (2) members of the
Committee, and shall become effective upon recordation in the Office of
the County Recorder of Ada County. If such variances are granted, no
violation of the Restrictions contained in this Declaration or any
Supplemental Declaration shall be deemed to have occurred with respect
to the matter for which the variance was granted. The granting of such a
23.
•
variance shall not operate to waive any of the terms and provisions of this
Declaration or of any Supplemental Declaration for purpose except as to the
particular property and particular provisions hereof covered by the
variance, nor shall in affect in any way the Owner's obligation to comply
with all governmental laws and regulations affecting his use of the
premisses, including but not limited to zoning ordinances and Lot set-back
lines or requirements imposed by any governmental or municipal authority.
ARTICLE VII
ANNEXATION OF ADDITIONAL PROPERTIES
A. Annexation - Declarant may develop other neighboring
properties and may, in Declarant's discretion, deem it desirable to annex
some or all or such other properties to the property covered by this
Declaration. The annexed properties may, at Declarant's sole discretion, be
used and developed for any purpose allowed under appropriate zoning
regulations. Such other properties may be annexed to the Property and
brought within the provisions of this Declaration by Declarant, its successors
or assigns, at any time, and from time to time, without the approval of any
Owner, the Association of its Board of Directors provided that the FHA and
the VA, or the HUD representatives thereof, determines that the annexation
is in accordance with the general plan heretofore approved by them. As
such properties are developed, Declarant shall, with respect thereto, record
a Supplemental Declaration which may supplement this Declaration with
such additional or different covenants, conditions, restrictions, reservations
and easements as Declarant, and FHA, VA, and/or HUD representatives
thereof, may deem appropriate for the other properties or portions
thereof and may delete or eliminate as to such other properties such
covenants, conditions, restrictions, reservations and easements as are
continued herein which Declarant and FHA and vA, or the HUD
representatives thereof, deem not appropriate for the other properties.
6. Additional Properties -Subject to the provisions of this
Declaration, upon the recording of a Supplemental Declaration as to other
properties containing the provisions as set forth in this Section, all
provisions contained in this Declaration shall apply to the added properties
in the same manner as if it were originally covered by this Declaration,
subject to such modification, changes and deletions as specifically provided
in such Supplemental Declaration. The Grantees of Lots located in the other
properties shall share in the payment of assessments to the Association as
provided herein from and after the recordation of the first deed of a Lot
within the added properties from Declarant to an individual purchaser
thereof.
24.
C. Procedure for Annexation -The additions authorized under
herein, shall be made by filing of record a Supplemental Declaration or
other similar instrument with respect to the other properties or portion
thereof, which shall be executed by Declarant or the Owner thereof and
shall extend the general plan and scheme of this Declaration. The filing of
record of said Supplemental Declaration shall constitute and effectuate the
annexation of the other properties or portion thereof described therein,
and thereupon said other properties of portion thereof shall become and
constitute a part of the properties, become subject to this Declaration and
encompassed within the general plans and scheme of covenants, conditions,
restrictions, reservations and easements and equitable servitude contained
herein as modified by such Supplemental Declaration for such other
properties or portion thereof, and become subject to the functions, powers
and jurisdiction of the Association. Such Supplemental Declaration may
contain such additions, modifications, or declarations of the covenants,
conditions, restrictions, reservations or easements and equitable servitude
contained in this Declaration as may be deemed by Declarant, FHA, VA or
HUD representatives thereof, desirable to reflect the different character, if
any, of the other properties or portions thereof or as Declarant, FHA, VA or
HUD representatives thereof, may deem appropriate in the development of
the properties or portion thereof.
As long as there are any Class B membership changes must receive the
approval from HUD/VA.
ARTICLE VIII
EASEMENTS
A. Maintenance and Use Easement Between Walls and Property
Lines -The Association or owner of any lot shall hereby be granted an
easement of 5 foot width on the adjoining properties for the purpose of
maintenance offence and/or landscaping so long as such use does not cause
damage to any structure or fence. The Owner of such lot shall notify the
owner of adjoining property as to reason and date for the use of the
easement. Any disputes shall be directed to the Architectural Committee.
B. Other Maintenance Easements-Easementsfor installationsand
maintenance of utilities and drainage facilities are reserved as shown on the
record plat. Within these easements, no structure, planting or other
material shall be placed or permitted to remain which may damage or
interfere with the installation and maintenance of utilities, or which may
change the direction of flow of drainage channels in the easements, or
which may obstruct or retard the flow of water through drainage channels
25.
~ ~
• •
in the easements. The easement area of each Lot and all improvements in
it shall be maintained continuously by the Owner of the Lot, except for
these improvements for which a public authority or utility company is
responsible. A further easement is hereby reserved in favor of the
Association for access to the maintenance of any irrigation facilities serving
the Common Area.
ARTICLE IX
GENERAL PROVISIONS
A. Enforcement -The Association or any Owner, shall have the
right to enforce, by the proceeding at law or in equity, all restrictions,
conditions, covenants, reservations, liens and charges no or hereafter
imposed by the provisions of this Declaration. Failure by the Association or
by an Owner to enforce any covenant or restriction herein contained shall
in no event by deemed a waiver of the right to do so thereafter.
B. Severability -Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other
provision which shall remain in full force and effect.
C. Interpretation -Theterms, covenants and conditions hereof are
to be read and interpreted consistently and in a manner to protect and
promote Property values.
D. Term and Amendment -The covenants and restrictions of this
Declaration shall run and bind the land, for a term of twenty (20) years from
the date this Declaration is recorded, after which time they shall be
automatically extended for successive periods of ten (10) years unless an
instrument signed by seventy-five percent (75%) of the then Owners of the
Lots has been recorded, agreeing to change said covenants in whole or in
part. This Declaration may be amended, restated, replaced, terminated or
superseded during the first twenty (20) year period by an instrument signed
by the President and Secretary of the Association affirming that such
amendment was approved by two-thirds (2/3) of the Owners of the Lots
covered by this Declaration or by an instrument signed by two-thirds (2/3)
of the Lot Owners; provided, however, that if Grantor is still the Owner of
any Lots this Declaration may not be amended without the written consent
and vote of the Grantor.
26.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has
hereunto set its hand and seal this: day of ~a-«>~~~~--- , 1994.
RUNNING BROOK ESTATES, INC.
`~~ ~~ ~ ~
~-
~ _ J
by: 1/. ~
STATE OF IDAHO )
)SS.
County of Ada )
ON THIS ~-~~-day of ,~~_~ ~~Y~,~_ , 19~, before me a notary public
in and for said State, personally appeared 1'1~ ~ z~~-~-~~~--~-}--
_~-~~~~- ~ . „~,.~. ~.~..-~-c-~--
know to me to be the person(s) whose name(s) is (are) subscribed
to the within instrument, and acknowledged to me that -~
_ executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
My Notary Bond Expires ii-~-~- ~~=Y~ .~
My Notary Commission Expires 11-11-~°~
Notary Public for Idaho
Residing at ~' ~~- ,Idaho
r`~~.P M ~AeF''.
~Y~ ~I
~,o~ aR y
,~ ,,,~,,,fl~Tf F ~P,,,~,.•
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27.
~\,\~ ENGIIyF~~~
~ ~
~y0 SURVEy~P
• •
NUBBLE ENGINEERING, INC.
9550 Bethel Court ^ Boise, Idaho 83709
Project No. 94004
DESCRIPTION FOR
FIRELIGHT ESTATES,
A SUBDIVISION
FOR RUNNING BROOK ESTATES, INC.,
A PORTION OF GOVERNMENT LOT 1, SECTION 3,
T.3N., R.1 W., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
May 11, 1994
A parcel of land lying in a portion of Government Lot 1 of Section 3, T.3N., R.1 W.,
B.M., Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at the brass cap marking the section corner common to Sections
34 and 35, T.4N., R.1 W., B.M., and Section 2 and the said Section 3;
thence South 0°24'20" West 255.68 feet (formerly described as South 0°07' East
255.75 feet) along the Easterly boundary of the said Government Lot 1 of Section 3,
which is also the centerline of North Ten Mile Road, to an iron pin;
thence North 89°07'24" West (formerly described as North 89°53' West) 45.00 feet
to a 2-inch galvanized pipe, also said point being the REAL POINT OF BEGINNING
(INITIAL POINT);
thence along the following courses and distances to iron pins:
South 89°07'24" East 45.00 feet to a point on the said Easterly boundary of
Government Lot 1 of Section 3;
thence South 0°24'20" West 1054.28 feet (formerly described as South 0°07' East
1054.25 feet) along the said Easterly boundary of Government Lot 1 of Section 3;
thence North 89°35'46" West 55.90 feet (formerly described as South 89°52' West
56 feet) ;
thence North 54°48'16" West 99.90 feet (formerly described as North 56°08' West
100 feet);
thence North 33°02'23" West 808.15 feet (formerly described as North 33°32' West
808 feet) to a point on the extended Southeasterly boundary of Englewood Creek Estates
208/322-8992 ^ Fax 2081378-0329
Firelight Est. Page 1 of 2
.. ~_ • '~
•
Project No. 94004
May 11, 1994
Subdivision No. 1, as filed for record in the office of the Ada County Recorder, Boise,
Idaho in Book _ of Plats at pages _ and _;
thence North 47°56'24" East 444.11 feet (formerly described as North 47°25' East
444.20 feet) along the said extended Southeasterly and Southeasterly boundary of the
said Englewood Creek Estates Subdivision No. 1;
thence North 0°24'24" East 25.22 feet (formerly described as North 0°07' East)
along the Easterly boundary of the said Englewood Creek Estates Subdivision No. 1;
thence South 89°07'24" East 210.73 feet (formerly described as South 89°53' East)
to the point of beginning, comprising 8.74 acres, more or less.
Prepared by:
RUBBLE ENGINEERING, INC.
JEH/DTP/G LR/mf/515.des
Firelight Est.
D. Terry Peugh, P.L.S.
Page 2 of 2
~* r •
Meridian City Council
September 6, 1994
Page 17
Corrie: Second
Kingsford: Moved by Walt, second by Bob to table Turtle Creek Subdivision No. 1 until
the next Council meeting, requesting that the engineers coordinate some things and work
with staff, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #14: FINAL PLAT: FIRE LIGHT ESTATES SUBDIVISION, 27 LOTS BY RUNNING
BROOK ESTATES INC:
Kingsford: Does Council have questions on that issue?
Morrow: Again I would like to see a short presentation.
Kingsford: Is the developer or representative here?
Smith: Mr. Mayor and members of the Council, my name is Gene Smith, I am with Hubble
Engineering representing the applicant in this matter. Fire Light Estates is a 27 lot
subdivision, single family subdivision located on Ten Mile, west of Ten Mile South of
Ustick. The final plat is in general conformance with the approved preliminary plat which
was previously approved by City Council on July 19. We have received read and can
comply with the staff recommendations which are in your packet. I would be glad to
answer any questions or concerns you might have.
Morrow: Those staff recommendations are the ones that were memorandum from Gary
Smith our City Engineer dated September 1st and from Shari Stiles the Planner dated also
September 1st, you are in agreement with both of those?
Smith: Correct.
Kingsford: Any other questions of the Council? Questions for staff?
Morrow. I have none they have agreed to the conditions that our staff has asked for and
so.
Kingsford: is there a motion?
Morrow: Mr. Mayor I move that we approve the final plat for Fire Light Estates subdivision
subject to meeting the conditions of City staff.
^ ~ ~• •
Meridian City Council
September 6, 1994
Page 18
Corrie: Second
Kingsford: Moved by Walt, second by Bob to approve the final plat for Fire Light Estates
Subdivision conditioned upon meeting the recommendations of staff, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #15: PUBLIC HEARING: VARIANCE REQUEST FOR FAWCETT MEADOWS NO.
2 BY RONALD HENRY:
Kingsford: At this time I will open the public hearing and invite Mr. Henry or his designee
to speak first.
Ronald Henry, 6301 Charleston Place, Boise, was sworn by the City Attorney.
Henry: This variance is really a request for permission to allow existing buildings on Lot
9 and 10 of Fawcett Meadows No. 2 to remain. These buildings are less than what we
have set up as the set backs, 10 foot setbacks. Both I think ,there are 2 buildings there
that have a total distance of about 10 feet between them. So what this variance is
requesting is permission to leave them as is.
Kingsford: Any questions for Mr. Henry?
Morrow: You have read the comments of staff?
Henry: Yes
Morrow. And are in agreement with those?
Henry: Yes
Morrow I have no other questions.
Kingsford: Anyone else from the public that would like to offer testimony on this variance
request for Fawcett Meadows No. 2? Seeing none I will close the public hearing, Council
members.
Morrow. Mr. Mayor, I would move that we instruct the City Attorney to prepare findings of
fact and Conclusions of law.
•
•
MERIDIAN CITY COUNCIL MEETING: September 6,1994
APPLICANT: RUNNING BROOK ESTATES AGENDA ITEM NUMBER: 14
REQUEST: FINAL PLAT: FIRE LIGHT ESTATES SUBDIVISION
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: SEE ATTACHED COMMENTS
CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS
CITY ATTORNEY:
CITY POLICE DEPT: "REVIEWED"
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS
MERIDIAN POST OFFICE: ~~'~~
I l~ I~I U"
ADA COUNTY HIGHWAY DISTRICT: ~~~ i
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST: SEE ATTACHED COMMENTS
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
HUB OF TREASURE VALLEY
COUNCIL MEMBERS
OFFICIALS A Good Place to Live
RONALD R. TOLSMA
WILLIAM G. BERG, JR., City Clerk
JANICEL.GASS,CityTreasurer
CITY OF MERIDIAN MAX YERRINGTON
ROBERTD.CORRIE
MORROW
WALT W
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO .
SHARI STILES
Administrator
SHAWCROFT, Waste Water Supt.
JOHN T Planner & Zoning
.
KENNY W. BOWERS, Fire 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. OROOKSTON, JR., Attorney
Public Works/Building llepartment (208) 887-2211
GRANT P. KINGSFORD
Mayor
MEMORANDUM September 1, 1994
To: Mayor, City Council
~~`~
From: Bruce Freckleton, Assistant to City Engineer ~~~~,h,~,~,
Re: FIRELIGHT ESTATES
(Final Plat)
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the application during the hearing process:
1. The Preliminary Plat for this development was previously approved by the Meridian City
Council on July 19, 1994. This Final Plat is in general conformance with the approved
Preliminary Plat.
2. Please provide a statement of conformance with acceptable engineering, architectural, and
surveying practices, and local standards.
Please revise the plat notes as follows:
(4.) ...resubdivision, or as allowed by Conditional Use
(8.) ...shall be a minimum of 12 inches...
(10.) No fences, permanent structures, or landscaping shall be allowed within the City of
Meridians Sanitary Sewer Easement.
4. A reference bearing & distance to the east 1 /4 corner of Sec. 3 needs to be included in the
Certificate of Owners, to establish the Basis of Bearing.
5. Prior to the final plat recording, the Book and Page references for Englewood Creek
Estates Subdivision No. 1 need to be completed in the Certificate of Owners.
6. Revise the domestic water origin note in the Certificate of Owners as follows:
All lots within this subdivision plat are eligible to receive water service from the City of
Meridian's water system. The City of Meridian has agreed in writing to serve all of the
lots in this subdivision.
7. Complete the information in the Acknowledgement for the Certificate of Owners.
What is the purpose of the special 33 foot setback line for Lot 14, Block 2 as indicated on
(15-I) of the Final Plat Application?
9. A 1/2 iron pin symbol needs to be shown, marking the end of Curve 11, on Lot 2, Block
2.
10. Revise Plat note number 9 to show 1500 square feet of living space as indicated on (15-C)
of the Final Plat Application.
1 1. Show the existing City of Meridian Sanitary Sewer Easements adjacent to the Nine Mile
Drain. The instrument numbers for these easements are #7801834 and #7801812.
12. Use of the existing domestic well and septic systems on Lot 9, Block 2 shall be
discontinued, and connections to the City Systems must be made. The existing well may
be utilized for non domestic use only ie. landscaping, etc.
13. Show the existing FEMA Flood Plain boundaries on the Final Plat map.
14. Why is there a difference in the property lines between this subdivision's boundary and that
of Englewood Creek Estates, particularly the offset to the centerline of the Ninemile
Drain?
15. Please indicate, on the plat map, a 50 foot radius temporary turnaround easement, on the
north end of N. Sainfoin Way.
16. Firelight Court runs in the north-south direction and should be labeled as North Sainfoin
Way.
HUB OF TREASURE VALLEY
OFFICIALS
A Good Place to Live COUNCIL MEMBERS
RONALD R. TOLSMA
WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIAN I
GARY D. SM THS P.EYCity Eng Weer WALT W. MORRO
W
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
33 EAST IDAHO
SHARI STILES
KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator
W.L. "BILL" GORDON, Police Chief JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 Chairman -Planning & Zoning
MEMORANDUM Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TO: Mayor and Cou~~~~
FROM: S ar~~s, Planning & Zoning Administrator
DATE: September 1, 1994
SUBJECT: Final Plat for Fire Light Estates
1. Asix-foot-high, non-combustible fence is required along the Nine Mile Drain, outside
of the U.S. Bureau of Reclamation easement, prior to any home construction.
2. Submit CC&R's for City approval.
3. A development agreement is required as a condition of annexation.
4. Although Findings did not require it, representation was made of a minimum house size
of 1,500 square feet. As the adjacent Englewood Creek is approved with a minimum
house size of 1, $00 square feet, this representation should be met and Note 9 amended
to reflect this unless Council determines otherwise.
•
•
HUB OF TREASURE VALLEY
OFFICIALS
A Good Place to Live COUNCIL MEMBERS
RONALD R. TOLSMA
WILLIAM G.BERG,JR.,CityClerk
JANICE L. GASS, City Treasurer CITY OF MERIDIAN
MAX YERRINGTON
ROBERT D. CORRIE
GARY D. SMITH, P.E. City Engineer WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
s
t
33 EAST IDAHO SHARI STILES
up
.
JOHN T. sHAwcROFT, waste water Planner & Zoning Administrator
KENNY W. BOWERS. Fire Chief MERIDIAN, IDAHO 83642
W.L. "BILL" GORDON, Police Chief JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 Chairman - Planning R Zoning
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: August 30, 1994
TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/6/94
REQUEST: Final Plat for Fire Lictht Estates
BY: Running Brook Estates
LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Ten
Mile Road
JIM JOHNSON, P2
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P2
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
'RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
-WATER DEPARTMENT
-SEWER DEPARTMENT
-BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
-CITY ATTORNEY
-CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF REC MATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMAR
~_ L
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON. Police Chief
WAYNE G. CROOKSTON, JR., Attorney
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888433 • FAX (208) 887813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Administrator
h JIM JOHNSON
~~ ~~~~ " ,.chairman -Planning 8 Zoning
AUG 1 6 1994
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: August 30, 1994
TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/6/94
REQUEST: Final Plat for Fire Light Estates
BY: Running Brook Estates
LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Ten
Mile Road
JIM JOHNSON, P2
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P2
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES V / , /
OTHER: ~l `" ~ ~ ` 7 `7
YOUR CONCISE REMARKS:
L(~ y2 ~' cQ S
• HUB OF TREASURE VALLEY •
A Good Place to Live
CITY OF MERIDIAN
C9
a
~~
i SUPERINTENDENTOFSCHOOLS
Bob L. Haley
R EXCf DEPUTY SUPERINTENDENT
O ~~ Dan Mabe, Finance & Administration
~Z~ DIRECTORS
~~~\~ '~ ~ Sheryl Belknap, Elementary
Tj Jim Carberry, Secondary
Christine Donnell, Personnel
Doug Rutan, Special Services
JOINT SCHOOL DISTRICT N0.2
911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 PHONE (208) 888-6701
Augus ,
~~~~~~~~
City of Meridian
33 East Idaho ~~G 1 9 1994
Meridian, Idaho 83642 ,~, ; ~,~p _~tf•,, :~
~ ~ ,- ~ `t,
Re: Final Plat for Fire Light Estates Subdivision
Dear Councilmen:
I have reviewed the application for Fire Light Estates
Subdivision and find that it includes approximately 27 homes at a
median value of $140,000. We also find that this subdivision is
located in census tract 103.10 and in the attendance zone for
Linder Elementary, Meridian Middle School and Meridian High
SCh001.
Using the above information we can predict that these homes, when
completed, will house 10 elementary aged children, 8 middle
school aged children, and 10 senior high aged students. At the
present time Linder Elementary is at 105 of capacity, Meridian
Middle School is at 130 of capacity and Meridian High School is
at 1120 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. A school site needs to be donated prior
to approving any development in Section 3.
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,
an Ma
Deputy Superintendent
DM:gr
• •
r
SUBDIVISION EVALUATION SHEET
SEP '~ 9 1R°y
CITY OF l~4~kl~IAP~
Proposed Development Name FIRELIGHT ESTATES City MERIDIAN
Date Reviewed 3/24/94 Preliminary Stage XXXXX Final
Engineer/Developer Hubble EnQf / Running Brook Estates Inc
The Street name comments listed below are made by the members of the ADA COUNTY
STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this
development in accordance with the Boise City Street Name Ordinance.
The fo~~owing ~x~~tino street names shall appear on the pla± as:
"N. TEN MILE ROAD"
"W. USTICK ROAD"
"W. SWEETBRIER STREET"
"N. SAINFOIN WAY"
The following new street name is approved and shall appear on the plat as:
"N. FIRELIGHT PLACE"
The above street name comments hay>e been read ar~d approved by *.hp fol!ow~ng agency
representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures
must be secured by the representativE
officially approved.
ADA COUNTY STREET NAME COMM
or his designee in order for the street names to be
Ada County Engineer John Priester
Ada Planning Assoc. Terri Raynor
Meridian Fir District Representati
CY R P ES TATIVES OR DESIGNEES
~ ~' a Date is
i
;~ ~`
--- ~~~ ate 5 I
~~,~„ ~~ ~ Date ~
NOTE: A copy of this evaluation sheet must be presented to the Ib-da County Engineer at the
time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index
Street Index
NUMBERING OF LOTS AND BLOCKS see 3124/94 evaluation
CENTRAL
•• DISTRICT
HEALTH
DEPARTMENT
Rezone #
Conditional
REVIEW SHEET
Environmental Health Division
~~ ~~~''~ ~ Return to:
~~r; 2 4 1994
,`~-yyd
^ Boise
^ Eagle
^ Garden city
~,Nleridian
^ Kuna
^ Acz
Preliminary final Short Plat
~-~rc LAG` ~ ES~~ S -~</I3~/~~~`'~:~i/
^ 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
y®-7. After written approval from appropriate entities are submitted, we can approve this proposal for:
Entral sewage ^ community sewage system ^ community water well
^ interim sewage ~eentral 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:
,,jamcentral sewage ^ community sewage system ^ community water
^ sewage dry lines central water
~- 9. Street Runoff is not to create a mosquito breeding problem.
^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 12. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store
13. S~.C~rw,,r-~Z-~~ /Lj,h`N~~ ~'/ ~~ ~,f C~~/'7/I~E~JfI~`7~~5 Date: ~ / ~` /T
~-~= f9-^Tjy~~~, Reviewed By: n
CDHD 10/91 rcb, rev. 11/93 jll
CENTRAL . •
~O ® DISTRICT
~ HEALTH
D E PA R T M E N T MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE ID. 83704 • (2C8) 315-5211 • FAX: 327 ? `,%0
To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment.
STORMWATER MANAGEMENT RECOMMENDATIONS
We recommend that the first one half inch of stormwater be
pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality. The engineers and architects involved with the design of
this project should obtain current best management practices for
stormwater disposal and design a stormwater management system that
is preventing groundwater and surface water degradation. Manuals
that could be used for guidance are:
1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of
Washington Department of Ecology, February 1992
2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE
DRAINAGE MANAGEMENT
3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK
Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe
'and Assoc., Resources Planning Assoc., for the Stormwater
Quality Task Force
4) URBAN STORM DRAINAGE CRITERIA MANUAL
Volume 3, Best Management Practices
Stormwater Quality
Urban Drainage and Flood Control District, Denver, Colorado
Serving VaItey, Elmore, Boise, and Ada Counties
Ada 1 Boise County Office WIC Boise • Meridian E:more Cowty O~Tice amore Ccunry C'fice Vdley County Office
i07 N. Arnurreng F!. 1tCC Rccens B~ E Bth _h~t N. o(Environmerud Heai:tl P.0. Box i:_d
Bcse. !D..83704 Boi.e, iD. Mcwrcn Hc-~e, iD. 1S0 S. 4~i1 S!r~: c M~ ''c,,.!D. P.3d.'.9
viro. ~ear!h: 321-7499 83705 Fh. 334-33cS aJC47 Fh. °d7-41.07 ,btot:ntc:~ Hcme.:D. ^rh. t; 4-7194
.-CT~IIy F!Cnning: 327-i ~ 324 MenC.cn, iD. p~7 F!1. ,:37 w~S
~T,^!un¢caers: 327-74x7 83FA2 Fh. 888525
^lur-on: X27-7450
r1C: 321-1488
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS. City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
• HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888433 • FAX (208) 887813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Administrator
JIM JOHNSON
Chairman -Planning & Zoning
~E'V l:~o~~®
~ 7 AUG 1994
r~ati+~~ ~ nneeiolaty
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVEtJO1~l~~A1~'~DJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: August 30. 1994
TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/6194
REQUEST: Final Plat for Fire Light Estates
BY: Running Brook Estates
LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Ten
Mile Road
JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT
MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT
CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION ~` ~"' ~ `
TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH
GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT x ~ ~ ~ Q 1~Qy
-RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT
-BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT)~~~ - - - ... _.
WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT)
_MAX YERRINGTON, C/C !NTER~/IOUNTAIN GAS(PRELIll4 R F!!~!AL PST;
WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
SEWER DEPARTMENT CITY FILES
BUILDING DEPARTMENT OTHER:
FIRE DEPARTMENT YOUR CONCISE REMARKS: The Ninemile Drain is a contract
POLICE DEPARTMENT drain. Nampa & Meridian Irrigation District requires
CITY ATTORNEY a right-of-way of 100 feet: 50 feet from the center
_CITYENGINEER of the drain each way. Any encroachment on this
-CITY PLANNER right-of-way requires a License Agreement. All
municipal surface drainage must be retained on site. The Bureau of Reclamation
may have additional requirements. Please contact John Caywood at 214 Broadway
Avenue, Boise or phone 334-1463.
Nampa & Meridian Irrigation District
•
AJ~ 2 9 199
CITY ~~~ ~~~~~~~~
r~Za ~i ~t~~ctd~a~ ~In~u~at~a~ ~cv~zict
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
2 5 AuCJUSt 19 9 4 Phones: Area Code 208
OFFICE: Nampa 466-7861
Boise 343-1884
SHOP: Nampa 466-0663
James E. Holden Boise 345.2431
Hubble Engineering, Inc.
9550 Bethel Court
Boise, Idaho 83709
Re: Firelight Estates Subdivision
Dear Mr. Holden:
Nampa & Meridian Irrigation District has reviewed the construction
plans and storm water calculations for the above mentioned project.
The plans show that all storm water will be retained on site in
seepage trenches. This will be adequate to meet the requirements
of Nampa & Meridian Irrigation District.
The Ninemile Drain courses along the southwest side of the
subdivision. If there are any encroachments such as fences, trees,
sheds, etc. within the Ninemile Drain's 100 foot easement area (50
feet from the center of the drain each way), the District will
require a License Agreement. If an agreement is necessary, please
contact the District's attorney, Andy Harrington, at 342-4591 and
request that he prepare a License Agreement for encroachment.
If you feel further discussion is required regarding this matter,
please feel free to contact me.
Sincerely,
John P. Anderson
District Water Superintendent
pc: Each Director
Secretary of the Board
°,. ~- Andy Harrington
~• John Sharp
Bi 1 Henson
~ >`ty of Meridian
Rider 4
File
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS 23,000
BOISE PROJECT RIGHTS 40,000
•
HUB OF TREASURE VALLEY
OFFICIALS
A Good Place to Live
WILLIAMG.BERG,JR.,CityClerk
JANICE L. GASS, City Treasurer CITY OF MERIDIAN
GARY 0. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN r. sHAwcaoFT, waste water supt.
33 EAST IDAHO
KENNY W. BOWERS. Fire Chief MERIDIAN, IDAHO 83642
W.L. "BILL" GORDON, Police Chiet
WAYNE G. CROOKSTON, JR., Attorney Phone {208) 888-4433 • FAX (208) 887813
Pubtic Works/Building Department (208) 887-221 !
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CDRRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Atlm~n~strator
JIM JOHNSON
Chairman ~ Planning 8 Zoning
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: August 30 1994
TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/6/94
REQUEST: Final Plat for Fire Light Estates
BY: Running Brook Estates
LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Ten
Mile Road
JIM JOHNSON, P2
MOE ALIDJANI, P2
JIM SHEARER, P2
CHARLES ROUNTREE, P2
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
606 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 St FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
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REAL ESTATE SALES AGREEMENT
Between: ANN E. CRAWFORD, A SINGLE WOMAN,
SELLER,
and
RUNNING BROOK ESTATES, INC.,. AN IDAHO CORPORATION,
BUYER:
THIS REAL ESTATE SALES AGREEMENT, made and entered into this
27tt1day of JULY, 1993, by and between ANN E. CRAWFORD, A SINGLE
WOMAN, of 3095 N. TEN MILE RD. MERIDIAN, IDAHO 83642, the party of
the first part, and hereinafter referred to as the "Seller;"••and
RUNNING BROOK ESTATES, INC., AN IDAHO CORPORATION, of 2460 S. MAPLE
GROVE, BOISE, IDAHO 83709 the party of the second part, hereinafter
referred to as the "Buyer,"
W I T N E S S E T H ~~ '~~`
That for and in consideration of the sum .of• TWENTY-TWO
THOUSAND DOLLARS ($22,000.00), being the•down~•paymeiit~heYeinafter
mentioned, in hand paid by the•Buyer,• the receipt whereof is hereby
acknowledged by the Seller, and of the covenants and agreements
herein contained to be kept and performed by the parties hereto,
and of the payments to be made by the Buyer to the Seller, IT IS
HEREBY COVENANTED AND AGREED by and between the parties hereto as
follows: '
I.
The Seller hereby agrees to sell ,to .'the •Buy,~r.';..and' :the Buyer
covenants and agrees to buy from the Selker,•~the'real property of
the Seller situated in or near the City.of.MERIDIAN,.IDAHO,.County
of ADA, State of IDAHO, commonly referred to as 309.5 N. TEN MILE
RD. MERIDIAN, IDAHO 83642, and more particularly described as
follows, to-wit: ~ ;•
An irregular tract of land lying in Lnt 1; Section 3, Township 3
North, Range 1 West, Boise Meridian, Ada- County, Idaha, described
as follows:
Beginning at a point South 0 Degrees 7 Minutes East 255.75 feet
from the corner stone of the Northeast corner of the Northeast 1/4
of Section 3, Township 3 North, Range 1 West, Boise Meridian;
thence continuing South 0 Degrees ~7 Minutes•East 105a.Z5 Feetf
thence South
thence North
thence North
thence North
thence North
thence South
and PLACE OF
89 Degrees
56 Degrees
33 Degrees
47 Degrees
0 Degrees
89 Degrees
BEGINNING.
•
52 Minutes West 56 feet;'
8 Minutes West 100 feet;
32 Minutes West 808 feet;
25 Minutes East 4:44.20 feet;:
Minutes East 25..22 feet:; ~.
53 Minutes East 255.T5 feet•to
the point
EXCEPTING that portion of the Nampa and Meridian Irrigation
District drainage right of way, and right of way for N. Ten Mile
Road.
Together with all and singular the tenements, hereditaments
and appurtenances thereunto belonging or in`••anywi.se•a~ppertaining,
including, but not limited to, all water rights, ditches•and ditch
rights;
BUT, SUBJECT TO all reservations in patents from the United
States of America or in deeds from the State of Idaho to said
described premises, and SUBJECT TO all taxes •~and.,•'assessments
levied and assessed or to be levied and assessed against said
described premises for the present calendar year and all years
subsequent thereto, and SUBJECT TO all easements and rights of way
visible upon said described premises or appearing of record in the
office of the County Recorder of ADA County, Idaho.
AND SUBJECT TO THAT CERTAIN DEED OF TRUST in favor of First
Security Bank of Idaho, National Association dated June 18, 1987 in
the Original principle amount of $108,000.00 and with Title and
Trust Company as the Trustee and recorded as instrument number
8736117 Official Records of Ada County, Idaho and having a current
and principle balance of approximately $103,720.38, and a second
Deed of Trust in favor of Commercial ire i Corporation••in the
original principle sum of $11,212.96 and dated February Z, 1993 and
recorded as instrument nu• er 8618 Official Records .of Ada
County, Idaho, with the current principle balance being
approximately $10,027.59 and said encumbrances repayable in the
approximate sum of $1,108.00 per month and $254.0_4 per month,
respectively. -'"- -'-'1'
II.
IT IS HEREBY COVENANTED AND AGREED by and' between~~the~ •~parties
hereto that the purchase price of all of the property •here•inabove
described as being sold by the Seller to the Buyer and being
purchased from the Seller by the Buyer, is the sum•of ONE~.HUNDRED
EIGHTY-FIVE THOUSAND DOLLARS ($185,000.00) lawful:~money• of the
United States of America, together with monthly interest only
payments in like money at the rate of THREE-HUNDRED F:ORTY.DOLLARS
PER MONTH on the deferred balance of the purchase price, which the
Seller agrees to sell for, and the Buyer covenants and agrees to
pay to the Seller, at the times and in the manner and in the
installments as follows, to-wit:
REAL EBTATE BALEB AGREEMENT - Page Z
. i ! ~ .• •.
1. The sum of TWENTY-TWO THOUSAND DOLLARS ($22,000.00) paid
by the Buyer to the Seller, being the down payment hereinbefore
mentioned the receipt of which is acknowledged by the signatures of
Seller hereafter;
2. The assumption and'payment•by•the buyer of the sum and
amount of $103,720.38 owing and payable to First Security Bank of
Idaho, N.A. as evidenced by a Deed of Trust dated June 18, 1987 and
recorded as instrument number 8736117 Official Records of Ada
County, Idaho and the assumption and payment by the buyer of the
approximate sum and amount of $10,027~.59•'payable~.•to Commercial
Credit Corporation as evidenced by a second ~•Deed of ~ Trust dated
February 3, 1993 and recorded as•instrument Number 9308618~Official
Records of Ada County, Idaho, and said obligations repayable in
monthly installments of $1,1 8 00 each and $254.04, respectively,
and ~ and payable on the ~ day of each and every month and
the ~ day of each and every month,. respectively.
3. The sum of FORTY-NINE THOUSAND TWO HUNDRED FIFTY-TWO AND
03/100 DOLLARS ($49,252.03) hereinafter referred to as the. deferred
• balance of the purchase price, shall be paid,' in dull; ~on or before
~ -~- August ~, .1994 . PROVIDED .HOWEVER,' Buyer. may at• ~ariy;.,time; prior to
the expiration of said TWELVE (12) MON.THS~ •pay~~•the ~illl • amount of
~,f' / the deferred balance without penalty . or.' additional : •interest
~ thereon.
4. The Buyer shall have the right, ••at anytime, to prepay
all or any portion of the deferred balance .of ~the~purchase price,
although the date for payment thereof shall not.~have.,arrived, and
the interest on any portion of the purchase price which shall be
prepaid shall cease to accrue at the .time of the applicable
prepayment.
5. The buyer has the right, at any time, to sell the
principle residence located upon the subject property without
prepayment of the deferred balance of the purchase price, and
further, it is the buyer's intent to make application for
subdivision of the subject property to.the city of Meridian and the
seller shall join in said application, execute any. and all
instruments necessary for any such application;.~permit orother
instrument necessary to implement and facilitate said.use.
III.
The Buyer shall be entitled to possession of the premises and
property hereinbefore described coincidentally with the signing of
this agreement. The Buyers shall be entitled to maintain such
possession so long as they shall comply with the terms and
conditions of this agreement.
IV.
REAL EBTAT$ 8ALE8 A(3RESMENT -~ page 3
.~
All taxes and assessments levied and as's~ssed on said
described property for the present calendar year shall be prorated
between the parties as of the data oP this agreement, and the
Seller shall pay all such taxes and assessments levied and assessed
prior to the' date of this agreenrerrt ••arrd •cvntract and' BUyEr shall
pay all such taxes and assessments levied and assessed thereafter.
All taxes and assessments levied and assessed or to be levied
and assessed on said described property from the date of this
Contract and Agreement and thereafter, shall be paid by the Buyer
as such taxes and assessments become due .and ~befoze . t3iey become
delinquent. ~ ~.
In the event the Buyer shall. default.. in any payment • of any
taxes or assessments which are to be paid under the•.terrns hereof.
then the Seller shall have the right, at Seller's option, to pay
any such taxes and assessments that the. Buyer has allowed to
become delinquent, and to add the amount thereof to the purchase
price hereunder, and any such payment which shall be paid by the
Seller shall be repaid to the Seller by the Buyer on demand and
shall bear interest at the highest legal per annum interest rate
pursuant to the Idaho Code from the time of the payment thereof by
the Seller until repaid by the Buyer, or at Seller's option, the
receipt for the payment thereof by the Sell~r• shall•be deposited
with the escrow holder hereinafter named and 'by it.',aclded to the
deferred balance of the purchase price..' ~•.•
V. ~ `.. .•~ .:
All improvements and additions which 'shall be;.Yaade.. to said
described real property by the Buyer skull •~b•ecome ~a~:••part' thereof
and shall not be removed, unless the same can be removed without
permanent and material damage to the said premises, and the
premises shall be returned to a state and condition equal to its
status prior to the improvement or addition made by Buyer. The
Buyer shall not permit any materialmen's liens nor mechanics'
liens to encumber any of said described premises.. '
V I . '. ~ ..
IT IS UNDERSTOOD AND AGREED by and between the~•part.ies hereto
that with reference to the character and ••qualitjr:•.of •the:~above
described property, both real and persona l•, that the Buyer has made
its own personal investigation of the same and in purchasing this
property hereunder relies, and is so~.ely relying upon the
information acquired by it independent of ,any•representa~tions of
the Seller.
VII.
The Seller agrees to furnish to the Buyer title insurance
covering said described premises, in the amount of ONE HUNDRED
EIGHTY-FIVE THOUSAND DOLLARS ($185,000.00), the policy for which
REAL ESTATE BALES AC3REEMENT - Page 4
• ~•. •
shall be obtained from SECURITY TITLE COMPANY OF BOISE, IDAHO
authorized to issue Title Insurance in the County in which the real
property is located. Zn this regard, the Seller agrees tv obtain
and furnish to the Buyer or its attorney within fifteen (I5) days
from the day.and date hereof, a preliminary report•for purposes of
such title insurance policy. If, and in the.•ev~nt, such
preliminary report shall not commit said title insurance company to
insure title to said described premises without exception,
excepting the standard exceptions of ~ti.tle •~"in~sy.ran~'e,. policies
furnished by such title insurance company, •.and~:.e~xcepting the
reservations in patents or deeds hereinbefore. specified and the
taxes and assessments, easements and rights~of way hereinbefore
specified, and standard exceptions of such•title•~insuran~e company
covering premises in ADA County, Idaho,•then.the Buyer shall notify
the Seller in writing of the particulars wherein such preliminary
report shall not commit the said title insurance company~to insure
such title without exception (excepting the exceptions hereinbefore
specified), and the Seller upon receiving such notification shall
diligently undertake, and within the period of three (3) months
thereafter, consummate such acts and proceedings as shall be
requisite to cause the title insurance hereinbefore specified to be
issued, insuring said title without exceptions, except the standard
exceptions of the insurance company which shall issue such policy
of title insurance and the standard exceptions. •pla•ced i.ri policies
of title insurance covering property in .ADA ..County, Idaho, and
excepting the reservations in patents or deeds hereinbefore
specified and the taxes and assessments, easstnerits and rights of
way hereinbefore specified. ~ .
If, upon delivery of the preliminary .'title' report
hereinbefore provided for, the Buyer shall n.ot make objections in
writing thereto within thirty (30) days thereafter, or_within
thirty (30) days after the signing hereof, whichever is later,
then the Buyer shall be conclusively presumed to have accepted
such preliminary title report for the purposes of the title
insurance policy to be issued thereon and to be made in conformity
therewith.
VIII. ~ •
The SECURITY TITLE COMPANY OF BOISE, ~ IDAHO, shal•1 : be, and is
hereby appointed, escrow holder under the tei-ms'of this•agreement,
and a copy of this agreement as further implemented by the escrow
agreement attached hereto, marked Exhibit A and made a part hereof
by this reference, shall be deposited with such escrow holder, and
this agreement as implemented by said escrow agreement, Exhibit A,
shall constitute the instructions to the escrow holder and shall
define and prescribe the obligations of the escrow holder to the
parties hereto.
Coincident to the execution hereof, the Seller.shal•1 make and
execute a good and sufficient Warranty 'Deed;in.•favor~of Buyer
covering said described lands and shall deposit„ the~~.•same:with the
REAL ESTATE 8ALE8 AGREEMENT - Page 5 ••
~ ~ ~
escrow holder for delivery to Buyer upon completion of•the~terms
hereof; and, likewise, the Buyer shall make and execute a
promissory note in favor of sellers along with a good and
sufficient Bargain and Sale Deed in favor of the Seller, covering
said described lands and shall deposit the ,same with the escrow
holder, and in the event the escrow herein createdshall~ be
terminated by reason of the default of the Buyer or for any.other
reason prior to full payment •by the Buyer, ~ then suci~ .Bargain and
Sale Deed shall be delivered by the escrow holder•to.the Seller.
IT BEING SPECIFICALLY UNDERSTOOD by and •between the parties
hereto that. in. the event, and only in the event, of the Buyer's
default after notice hereunder, tti'at~ the ~ Seller shall, • for
Seller's protection and future alienability of the said premises,
be entitled to record such Bargain and Sale Deed and thereby
resolve any question of adverse interest or cloud of title
resulting from the execution of this contract.
IX. .' ' •
The Buyer agrees that it will keep 'the •residence h~aine and/or
any other buildings on said described premises insurgd~ against loss
by f ire in an amount equal to the full . ~nsural;le •v.,alud~, of such
residence home and other buildings. Stich insurance shall be
carried in an insurance company which shall~~he approved: by the
Seller. The insurance policy or policies representing said
insurance shall be deposited with the escrow holder herein named
until the deferred balance of the purchase price and interest
thereon shall be fully paid. Such fire. insurance shall be made
payable in the event of loss, first.tQ the•.Seller as that interest
may appear and secondly to the Buyer.
In the event of loss covered by an insurance policy to be
maintained and kept hereunder, the party in possession of the
property insured agrees to give immediate notice by mail to the
other party and shall make proof of loss promptly, and each
insurance company which shall be concerned is hereby authorized
and directed to make payment for such loss to the :escrow holder,
and the amount of such insurance proceeds~which'~the:•Se~22er may be
entitled to receive shall at the option~of~the~Buyer be•applied to
reduce the outstanding balance of the deferred balance of the
purchase price, or in the restoration or repair of the property
damaged.
X.
IT IS SPECIFICALLY UNDERSTOOD AND AGREED by and between the
parties hereto that time is of the essence of this agreemenentnof
if the Buyer shall fail, refuse or neglect to make any paym
principal or interest as hereinabove specified, or shall fail,
refuse or neglect to pay any taxes or assessments by them agreed
to be paid before the same become delinquent, or shall .fail in any
other particular to comply with the terms anti ~coirs~:itions of this
REAL EBTATE SALES AGREEMENT - Page 6
• ~ ..~
agreement, and if such default or defaults shall not±tie~removed by
the Buyer within thirty (30) days after written notice'to the Buyer
by the Seller specifying such default, then the whole unpaid
balance of the purchase price,• with"•interest .thereon, shall
immediately become due and payable at the option of the Seller, and
the Seller may thereupon at Seller''s option enforce all rights
hereunder, either by forfeiture of all of the rights of the Buyer
hereunder, and all interest in said premises and property, or by an
action in equity or at law for specific performance•.w•ith:damages,
or for recovery of the purchase price with interest, • and. nothing
herein contained shall be construed as depriving the Seller of any
legal or equitable right or remedy it may•have• .in the• premises. If
the Seller elects to declare a forfeiture by .reason .of default of
the Buyer, then all rights and interest of 'the"Buyer~'hereby:~granted
or then existing in its favor in said property shall revert to and
reinvest in the Seller, and the Seller shall retain unto itself all
reasonable sums theretofore paid"to it as agreed liquidated damages
and not as penalty, and as the reasonable value of the use and
occupation of said property during the time possession and
enjoyment thereof is retained by the Buyer under this contract.
XI.
This agreement and other documents refe:reed' to herein have been
prepared by Alan G. Lance, Attorney at Law,~~who represent's.Buyer,
and the Seller is hereby notified to seek" and• consult :with" his own
legal counsel on every aspect of this transaction, "rega•rd~.ess~as to
whether Buyer shall, by mutual agreement" of the .•part~es ~e'l,~sewhere,
be required to pay any portion of the document preparation, escrow
or closing costs. .• "
XII.
In the event that either party shall be required to retain
the services of an attorney to obtain performance of any
obligation with respect to which the other party"s ~n default
under this agreement, the defaulting party agree5,~to: pay the
reasonable fees of such attorney~in obtaining perforinarice of any
obligation by the defaulting party, whether•:•litigati.on.be~,required
or resorted to or not.
XIII.
Any notice required hereunder shall be complete upon•.mailinq
to that party at the address appearing herein or-at that address
which may, from time to time, be provided•to the escrow holder or
other party hereto. The parties shall notify the other of any
alteration or change in address hereafter occurring.
REAL EBTATE SALES AGREEMENT - Page 7 :,. ~ ~ ~ ".~
STATE OF IDAHO )
ss.
County of Ada )
On the 27tt~iay of JULY, 1993, before me, the undersigned, g
Notary Public fn and for said State, personally . appeared' ANN E.
CRAWFORD, A SINGLE WOMAN, known to me to be ,the person•whose•1'tame
is subscribed to the within instrument, and acknowledged to. me that
she executed the same. ~ , ~ ~ ••
IN WITNESS WHEREOF, I have hereunto set my .h2[nd ziind affixed my
official sg~~ the day and year in this certificate~~~first above
D U 1y ~.
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~" Tr,-,.;~,` ~' ~~ "'~ ~' My Commission Expires: , . 5-•10-98
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STATE OF IDAHO ) ~.
ss. ~~ .~
County of Ada ) • -
On the 27th day of JULY, 1993, before me, the undersigned, a
Notary Public in and for said State, personally appeared RUNNING
BROOK ESTATES, INC., AN IDAHO CORPORATION, through its duly
authorized agents and officers, Glen Johnson, President and George
Lyda, its Secretary/Treasurer, and known to me to be the persons
whose names are subscribed to the within instrument, and
acknowledged"to me that they executed the same with the authority
of the Corporation and in that capacity. appearing -after their
respective names.
IN WITNESS WHEREOF, I have hereunto set my hand analaffixed my
official seal the day and year in this certificate first above
written. ~~~,,,,~',,,,,~~~
:~ ~s 9
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•=~ ~ "n°°' ~ ~' otary Publ c for Idaho
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,° Residing at ~
~j' y''•~~•`•'~!-~C"'O : My Commission xpires: 5-10-98
pn ~7~ .S~
REAL EBTAZ~L"ex~~e AOABBM$NT - page 9 ~, ~ •
,~ '
- .• y
."
~. ~ . ~ . '
MEMORANDUM OF CONTRACT OF SALE
NAME OF SELLER: ANN E. CRAWFORD, A SINGLE WOMAN
OF: 3095 N. TEN MILE RD. .MERIDIAN, IDAHO 83642
AND ..
NAME OF BUYER: RUNNING BROOK ESTATES ,. :'INC., AN IDAHO
CORPORATION .. •.
OF: 2460 S. MAPLE GROVE, BOISE, IDAHO 83709
LEGAL DESCRIPTION OF PROPERTY:
An irregular tract of land lying in Lot 1, Section 3, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho, described
as follows:
Beginning at a point South O Degrees.7~ Minutes .Easy 255.75 feet
from the corner stone of the Northeast:corner•~of tfie Northeast 1/4
of Section 3, Township 3 North, Range Z•~West, ,;Boise•Meridian;
thence continuing South 0 Degrees 7 Minutes •East~..1054.25 Feet;
thence South 89 Degrees 52 Minutes West '56. ~ feet; ~ ~ .•
thence North 56 Degrees 8 Minutes West 100 .feet;. ..'
thence North 33 Degrees 32 Minutes West 808 feet;
thence North 47 Degrees 25 Minutes East 444.20 feet;
thence North 0 Degrees 7 Minutes East 25.22-feet;
thence South 89 Degrees 53 Minutes East 255.75 feet to the point
and PLACE OF BEGINNING.
EXCEPTING that portion of the Nampa and Meridian•.Irrigation
District drainage right of way, and right., o~ way .for .~I: Ten Mile
Road. ~ _
BUT, SUBJECT TO all reservations .. in patents :from' .the United
States of America or in deeds from the. ,Sta.te .o~~.;. Id~o to said
described premises, and SUBJECT TO ~all.'~taxes andassessments
levied and assessed or to be levied and.assessed against said
described premises for the present calendar year.•and.all years
subsequent thereto, and SU&TECT TO all easements and rights of way
visible upon said described premises or appearing•gf record in the
office of the County Recorder of ADA County, Idaho..'
AND SUBJECT TO THAT CERTAIN DEED OF TRUST. in` favor of First
Security Bank of Idaho, National Association dated June 18, 1987 in.
the Original principle amount of $108,000.00 and with Title and
Trust Company as the Trustee and recorded as instrument number
8736117 Official Records of Ada County, Idaho and having a current .
and principle balance of approximately $103,720.38, and a second
Deed of Trust in favor of Commercial Credit Corporation in the
original principle sum oP $11, 212.96 and dated February,2', 1993 and
MEMORANDUM OF CONTRACT OF BALE - page 1
• •
ti
recorded as instrument numbe
County, Idaho, with the
approximately $10,027.59 and
approximate sum of $1,108.00
respectively.
r 9308618 Official 'Records of Ada
current principle balance being
said encumbrances ~repayable.in the
per month• and •$259.04~•per month,
together with all and singular the tenements,• hered~taments and
appurtenances thereunto belonging or i~n any wise appertaining, and
the reversion and reversions, remainder. and remainders, rents,
issues and profits thereof; and also all the estate right, title,
interest in the property, possession,~claim and demand whatsoever,
as well in law as in equity, of the said party of the 'fi'rst part,
of, in or to the said premises, and every part and parcel thereof,
with the appurtenances, together with all water and ditch rights
thereon.
NOTICE IS HEREBY GIVEN that the above-named Seller has entered
into an Escrow Agreement of Sale of Real Property wherein the
above-named Buyer agreed to buy, and the Seller agreed to sell, the
real property above described. ~•~
Pursuant to the terms of said contract, title .has been
reserved in the seller until the buyer fully performs the contract,
and a Warranty Deed has been placed in •escr.ow at' -SECURITY TITLE
COMPANY OF BOISE, IDAHO at Boise, IDAHO, f.or delivery to the buyer
upon completion of such performance. The recording of said
Warranty Deed at a future date shall be conclusive proof, as
against the Seller, and Seller's heirs, personal representatives,
successors, and assigns, that Buyer has fully and completely
performed all of the terms of said Escrow Agreement of Sale of Real
Property, and that Seller has no further right, title, or interest
in and to the real property above described.
Also, pursuant to the terms of said Escrow Agreement of Sale
of Real Property, a Bargain and Sale Deed, has been placed in escrow
at SECURITY TITLE COMPANY OF BOISE, IDAHO to be delivered to the
Seller in the event Buyer shall default~under.the'Escrow Agreement
of Sale of Real Property, and shall fail to cure said default
within the time provided in the contract (th'e parties having agreed
that time is of the essence of their agreement). The recording of
such Bargain and Sale Deed conveying the right, title, and interest
of Buyer in the above-described property to Seller shall be
conclusive proof, as against the Buyer, and Buyer's heirs, personal
representatives, successors and assigns, that buyer has defaulted
in performance of said Escrow Agreement of Sale of Real Property,
and that all procedures set forth in said contract;~for sending
default, rescission of the contract, and terminat:ion of Buyer(s)
rights to continue the purchase, and to continue. 3:ri~ possession of
the property, have been fully and comp•lete2y :compliedwith by
Seller, it being recognized and agreed:~that 'if atiyer.~claims any
defect in such notice of default or procedurers; or• cif Buyer claims
MEMORANDUM OF CONTRACT OF BALE - Page 2~ :~.
/'~-
In the case of Seller: •
ANN E. CRAWFORD, A SINGLE Wf~M~J ,
3095 N. TEN MILE RD. MERIDIAN, IDAHO 83642
In the case of Buyer: •~
•
RUNNING BROOK ESTATES, INC., AN IDAHO•;CQRPORATION '.•
2460 S . MAPLE GROVE, BOISE, IDAHO 83709`. ~: `•~•• •: • • : ':
The covenants herein contained shall;•=bind ~ • . •
,; •. •ancl~•~the benefits
and burdens hereof shall inure to, ,each •o••f• ;the: part.~s : hereto and
their respective heirs, executors, persona`1representatives,
successors and assigns. ~ ~ .•,
IN WITNESS WHEREOF, the parties.: heretohave hereunto
subscribed their names all as of the day and year herein first
above written.
SELLER:
ANN E. CRAWFORD, A SINGLE WOMAN, BY: •~• •~
c~~• •.
E . CRAWFORD, A S I LE WOMAN ~ ~ ~~ • • • .
BUYER:
RUNNING BROOK ESTATES, INC., AN IDAHO CORPORATION, BY:
GLEN JOHNS , PRESIDENT
• ... ~. ~
GEORGE DA, SE ETARY/TREASURER ~ ••~
. •
• '. .. • ~•
3. ;, .. • ~. ..~
REAL ESTATE 8ALE8 AORBEMBNT - Baq~ 8 ~ ~` '. •. • ' .'
.,• .
~.. .,
• °
~~, t
•
any equitable interest in the property herein described, Buyer
shall and must commence a legal action to assert such claims, if
any, prior to .the expiration of the time provided in the contract
for correcting defaults and delivery of said Bargain and Sale Deed
by the escrow holder to the Seller, and that unless such•,action.is
so commenced within said period of time, •all s~ich c~l.aims. are waived
by Buyer. ..~ .~.. :
DATED this 27th day of JULY, 1993.
SELLER:
AN C ~ FORD, A SINGLE WOMAN, BY; '
~% 11 \ • L 1 ~• ~ . .
A N' E . CRAWFORD, A S GLE WOMAN ,~ ~ _ • ~ . •
' : : y:
BUYER: .. ~. ~ . , ~ ..
RUNNING BROOK ESTATES, INC., AN IDAHO CORPORATION,~.~,BY;
GLEN JOHNS ; PRESIDENT ~ ~ ~ ~• .
~ ~,
. ~~. ~~
GEORGE LYD~C, SEC /TREASURER
STATE OF IDAHO )
ss.
County of Ada )
On the 27th day of JULY, 1993, before me,,the•.undersigned, a
Notary Public in and for said State, personally,.appea~red the duly
authorized officers of RUNNING BROOK ESTATES ;.•~INC.,'. AN IDAHO
CORPORATION, Glen Johnson, President..•.and George Lyda,
Secretary/Treasurer and known to me to be the persons whose names
are ,subscribed to the within and foregoing instrument and
acknowledged to me that they executed the same as officers of the
Corporation with authority to so act.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
officia_~. ,seal the day and year first above written. ~''•~
<<.
Notary Publ i.c' P 'r ~~17 .
~..^• . J : Residing at °' ~ Ea g 2. e•,: ~ ~ •-:
:. ::
•,; ri ;~ = My Commission Expires: 'S-10-98
~ N '
MEMO~AIJDEIM~,:O~i Ob~RACT OF 8AL8 - Page 3
'~~ . 1 '(' C C ~~.~
.;
.. •
' ~ ~.
• ~
STATE OF IDAHO
r ~• ~ ~
•
~ ss.
County of Ada )
On the 27th~day of JULY, 1993, before me, the undersigned, a
Notary Public ~n and for Said State, personally 'appeared ANN ~ •E.
CRAWFORD, A SINGLE WOMAN, known to me to be the person whose name
is subscribed to the within and foregoing instrument and
acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and ~'^'~ a:r~~ '`'^•'° ~'~''~"}°"
Residing at g le,
My Commission Expires:
• •., • 5-10-98
•,,, • .• .
,
• .
~,
1~IEMORANDUM OP CONTRa1CT OF BALE - page ~
~..
~ ~ r ~
• i, ' i ..
.~
THIS INDENTURE is made and entered • irlto• this ~2~7 th clay of JULY,
1993, between RUNNING BROOK ESTATES, 'ZNC.~;::AN,~IDAHO CORPORATION,
hereinafter "the party of the first ,part"~:. and ANI1.~~ E:• ,CRAWFORD, A
SINGLE WOMAN, hereinafter "the. party of,the`second•~part",
WITNESSETH, that for and in consid.eration~~~of •the sum and
amount of Ten and No/100 Dollars ($10.00) lawful money of the
United States of America, to the party of the first part in hand
paid by the said party of the second part, the receipt, adequacy
and sufficiency of which is hereby acknowledged by the parties'
signatures appearing hereafter, has and have granted, bargained,
sold and conveyed, and by these presents does hereby grant,
bargain, sell and convey unto the said party of the second part,
and to said party's heirs, successors and assigns, forever, all
right, title and interest in that certain piece or parcel of land
and improvements thereon and all rights therein,. situate; lying and
being in the County of ADA and State :.of.••.ZOAHO•, ~ particularly
described as follows, to-wit: ~ ~~•••
An irregular tract of land lying in ••Lot~ 1, Section 3; . •Township 3
North, Range 1 West, Boise Meridian, Ada County, Ydaho, described
as follows:
Beginning at a point South 0 Degrees 7 Minutes East 255.75 feet
from the corner stone of the Northeast corner of the Northeast 1/4
of Section 3, Township 3 North, Range l West, Boise Meridian;
thence continuing South 0 Degrees 7 Minutes East 1054.25 Feet;
thence South 89 Degrees 52 Minutes West ,56 feet;
thence North 56 Degrees 8 Minutes West 100' feet; •~. ~ ' • .
thence North 33 Degrees 32 Minutes West 808 feet; .-
thence North 47 Degrees 25 Minutes East 444.20 feet;
thence North 0 Degrees 7 Minutes East .•25:22 :feet;'~~
thence South 89 Degrees 53 Minutes East 255.'15 feet to the point
and PLACE OF BEGINNING. _ •. ~ •.•. ',
EXCEPTING that portion of the Nampa,~and Meridian Irrigation
District drainage right of way, and right of way for N. Ten Mile
Road.
BUT, SUBJECT TO all reservations in patents from the United
States of America or in deeds from the State of Idaho to said
described premises, and SUBJECT TO all taxes and ,assessments
levied and assessed or to be levied and assessed, against said
described premises for the present ca•kendar yea•x;:•.arid all years
subsequent thereto, and SUBJECT TO all easements a;r1d rights of way
visible upon said described premises or•:appearing~''of ~r~cord in the
office of the County Recorder of ADA .County;. ~zdaho:,~• .~ ~• •.
BARGAIN AND 8AL8 DEED - Page 1 '.
. ~~ ~ ' #
~~ ~ ~ ~
AND SUBJECT TO THAT CERTAIN DEED OF TRUST in favor of First
Security Hank of Idaho, National Association dated June 18, 1987 in
the Original principle amount of $108,000.00•and with Title and
Trust Company as• the Trustee and recorded•as.instrument• number
8736117 Official Records of Ada County;'.I.daY1o•:and,tilVing, a current
and principle balance of appraximately..$103;72.0.3'8; and a second
Deed of Trust in favor of Commercial•eredit Corporation in the
original principle sum of $11,212.96 and dated' February 2,1993 and
recorded as instrument number 93086].S~.Offi;cial•. Records of Ada
County, Idaho, with the current' '~r.inciple ..~:~balance being
approximately $10,027.59 and said encumbrances. repayable in the
approximate sum of $1,108.00 per month and $254.04 per month,
respectively.
together with all and singular the tenements; ,herediGaments and
appurtenances thereunto belonging or in any wise•appertaining, and
the reversion and reversions, remainder: and .~•enfa•inders, rents,
issues and profits thereof; and also all•,`theestat~e right, title,
interest in the property, possession, claim •~nd~damand~:whatsoever,
as well in law as in equity, of the .safd ~•par~y .pf•.:•the first part,
of, in or to the said premises, and eWe•ry part,and.parcel thereof,
with the appurtenances, together with all•water• and ditch rights
thereon . _ ~ ,
TO HAVE AND TO HOLD All and singularly the said premises,
together with the appurtenances, unto the said party of the second
part and to second party's heirs, successors and assigns forever.
RUNNING BROOK ESTATE , INC., AN IDAHO
GLEN JOHN N, PRESIDENT
WITNESS the hand of the said first party this .27th day of
JULY, 1993. •.
C'~
G E LY ECR ARY TREASURER
CORPORATION, BY;
BARGAIN AND BALE DEED - Paq~ Z
• •
y
STATE OF IDAHO )
ss. ,
County of Ada ) ~ •. .
On this 27th day of JULY, 1993, before me,~~~the undersigned, a
Notary Public in and for said State,~personally ~ppea~ed the duly
authorized officers of RUNNING BROOK ESTATES', INC..,. AN ZDAHO
CORPORATION, Glen Johnson, President, .and'.: •George Lyda,
Secretary/Treasurer, and known to me to be the persons whose names
are subscribed to the within instrument and-acknowledged to me that
hey executed the same on behalf of the Corporation and with the
authority of said Corporation and in that capacity as appears after
their respective names.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above .written. ... .
:...
!/, .,•~
~- ° ;Notary '-Public for Idaho -
:' ~~ ' ~~• >+ U a ~ ~ Residing .at - Eagle.; ID
• cy ~. ~ "r : My Commission. Expires: , ,
.. ~° v ~ A 4 -~ 5-10-98
.. ~~ .
BARGAIN AND BALH DHHD - Paq• 3
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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, Pollce Chief
WAYNE G. CROOKSTON, JR., Attorney
December 28, 1996
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF 11rI°IERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888.4433 • ?FAX (208) 887-4813
Public WorksBuilding DeparUnent (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
Ms. Carolynn Yadon
Construction Administration
Republic Mortgage Corporation
4516 South 700 East, Suite 300
P.O. Box 57190
Salt Lake City, UT 84157-0190
(801) 288-9400 fax (801) 262-3024
GOUNCI MEti~aFRR
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & OMMI ION
JIM JOHNSON, Chairman
KEITH BORUP
JIM SHEARER
GREG OSLUND
MALCOLM MACCOY
RE: Written Letter of Guarantee of $23,248.00 for Firelite Estates Subdivision
Dear Ms. Yadon
I am not familiar with the procedure regarding a "Written Letter of Guarantee", so
please be patience with me. Please use this letter as an official written
notification to release the sum of $8,848.00 from the original amount of
$23,248.00. With the information I have received from Shari Stiles, City P & Z
Administrator and Steven R. Peterson, Project Manager as of this date, I
approve of this reduction. The remaining improvements and amounts of Firelite
Estates Subdivision are as follows:
Street Lights $6,000.00
Hydroseeding 1,200.00
Moving of fence on Ten Mile 2,000.00
Underground sprinkling system 6,000.00
Total $15,200.00
I hope this will meet with your approval. If you have any questions, please
contact me.
Sincerely
i~~~.~
William G. Berg, Jr.
City Clerk
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
(208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
MEMORANDUM Mayor
TO: William G. Berg, Jr., City Cler
_ ~~
FROM: Shari Stiles, lt~ & Zoning Administrator
DATE: December 19, 1996
SUBJECT: Firelight Estates Subdivision -Partial Release of Bond
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
KEITH BORUP
JIM SHEARER
GREG OSLUND
MALCOLM MACCOY
I talked with Steve Petersen today and told him I would ask you to release a portion of the bond
on the above-referenced project. His current bond is for $23,248. The City needs to retain
$15,200 of this for completion of the following items:
Streetlights $6,000
Hydroseeding 1,200
Moving of Fence on Ten Mile 2,000
Underground Sprinkling System 6 000
$15,200
Steve would appreciate the release of the $8,048 difference as soon as possible so he can pay
some of his creditors. Thank you.
cc: Steve Petersen
it
* REPUBLIC MORTGAGE.
CORPORATION
APRIL 30, 1996
CITY OF MERIDIAN
BUILDING INSPECTIONS
RE: BOND FOR FIRELIGHT ESTATES - MERIDIAN IDAHO
TO WHOM IT MAY CONCERN:
THIS LETTER SHALL SERVE AS A WRITTEN GUARANTEE THAT WE ARE
HOLDING $23,248.00 TO INSURE THAT THE SUBDIVISION LOCATED AT
FIRELIGHT ESTATES - MERIDIAN IDAHO IS PROPERLY CONSTRUCTED AND
COMPLIES TO ALL APPLICABLE BUILDING CODES. THIS BOND ALSO
GUARANTEES THAT INSTALLATION OF ALL REQUIRED IMPROVEMENTS AND/OR
THE PROTECTION OF ALL IMPROVEMENTS DURING THE CONSTRUCTION
PROCESS.
UNDER NO CIRCUMSTANCES SHALL ANY PORTION OF THIS MONEY BE
RELEASED UNTIL OUR OFFICE HAS RECEIVED WRITTEN NOTIFICATION FROM
THE CHIEF BUILDING OFFICIAL.
SINCERELY,
~_
CAROLYNN D N
CONSTRUCTION INISTRATION
4516 South 700 East, Suite 300, P.O. Box 57190, Salt Lake City, Utah 84157-0190, Telephone (801) 288-9400, FAX (801) 262-3024
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" CORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
ROBERT D. CORRIE
Mayor
FACSIMILE COVER SHEET
COUNCIL MEtt^g RC
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M.ROUNTREE
GLENN R. BENTLEY
P & OMMIC~ ION
JIM JOHNSON, Chairman
KEITH BORUP
JIM SHEARER
GREG OSLUND
MALCOLM MACCOY
TO: FAX NUMBER:__ ~/~/ " ~Z~ ~02 ¢ DATE: / Z
DELIVER TO: ~~`~~ ~'1' /'t- a° ~'~.,
TITLE/DEPARTMENT: `.=t~~ ~ ~~~u ~f/~- ~Gt~i%h/~fYY'rt-~jo~'t,,~
ADDRESS:
CONFIDENTIAL: YES NO
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET)
FROM: CITY OF MERIDIAN -
NAME: ~/(~/~~ ~e~GI
Wit'
FAX NUMBER (208) 887~~-4813
/J.,
TITLE/DEPARTMENT: C-~~ZL% Ci/~~1~'
COMMENTS:
HUB OF TREASURE VALLEY
A Good Place to Live
CI~'Y OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
{208) 888-4433 • FAX {208) 887-4813
Public WorksBailding Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4143
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY. (208) 888-4433
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 ®F MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • FA% (208) 887-4813
Public WorksBuilding Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-~43
ROBERT D. CORRIE
Mayor
FACSIMILE COVER SHEET
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
KEITH BORUP
JIM SHEARER
GREG OSLUND
MALCOLM MACCOY
TO: FAX NUMBER: ~~ ~ °~" l 8 ~3 DATE: l `2'~
DELIVER T0: ~7~v~ ~~f~ 6°"~J`.
TITLE/DEPARTMENT:
ADDRESS:
CONFIDENTIAL: YES NO
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):
FROM: CITY OF MERIDIAN - FAX NUMBER (208) 887-4813
NAME:__ ~~
TITLE/DEPARTMENT:
COMMENTS:
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY. (208) 888-4433