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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 . . ~ = r ___ I~ ~ ~ ~i QQ • kvC' W T. 3N.. R. f W., B.Y. - - - 3 n y ~~'. 0 I ~Si~~~ +b ~~~° ~~ ^ rye C3 SS.BB S) Z . I ~ P ~' rv N D•S~ n \ s~srsss~~srsssWWW uui ~WUWP ss y WNN 3 .tiZL0.68 S n~ S Rk 8 $~^-.p 2 SRC! REti . t p~N `L'ol~~ bz,LO.68 S ~ ~~ 8s AR~iRR~6~8~~6°~ n++5 YA ~H ~ ~o vZ~~rit'Dtl - ",oo_szi= - B^ y.`~'",? zz zzz: ::::~=:=z:z z:° :z c Y s ~ I: 8 = i ~ a y ~ q ~ $ ~'° ~B:,A _NA`-'A :8 ~_7A e ~ RB ~~`' m / ~,~ h Q W g O g ~ I ~,~ ~~ .91 R~&S9" 8 8r;8A~f R:8 8 ~ ~/ E ~I° r! 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'JOUS' a Iz .--_ ti j ~ .I 2 ~> > -~ ~ a ! II d i _ ? 6 I y 2 W '_~ 3 t ~ i , ~ s 3 d6 `° ~ t0 = 3 C N~. 1.~t7rf~ I... \ cV i S ' z ~ S g 9 IZ q S B ,~ ) YI. .:AVENHURST S'' . 7 B I 9 10 '.II ,12 .3 14 •S 16 17 - ~- i4 IS I 6 IT 18 '9 ZJ ~ ~ 22 23 24 25 .3 12• PRW od w MiRO.GE CT. W. FIELOSTREaN DF a ,2 Iz II Iu~9 o n ro s 0 MEA ~ S RKW040 ~' ~ 2 I' I C\ts ~6 w 2~ 3 NO 2 ~ ~ s s ~ ++ ~ _~s' r~~AM~ ~'~ ~~k S'RE 1~ ST (z ; H i 2 3 ~ S~~ T~ y j 3 I i~ I .1 '- I 1 I t RT ', i`` lNd,,y~,f RUBBLE ENGINEERING, INC. ,taeo e.rw care 9oiw. Ia.,,o e~toa ~oatmaataz ZONING MAP Scale: 1"'300' .'t . ,, • 'll!,~'. W 16 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 auE ~~.';/3.~i9 M DnT= ~ A ~ 8/ ~o• e s iDA s'tSH:S L~ 3EiIiG ~-tZ.~.CGtZs'i~ :J C0 _:^ LxAL D=: =: _?':'_r,I: RcCOR7/E/R~~c? er -a.s~ ~~! < ~~ r~ Dea v 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 v SGT =iTkOf~;p1H~~ ~ ~/' ': v tfR7• rt J't E 1 s~ !a f • ..Q~ t~yAA ~} ti! : ~ day or JCWE m tnc 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. I n ~ Au r Pulw„ Re . mew yyO t e r,l.l.,. ..._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 $, Deputy-. Feu = Mall W:a Z Z z :C~~t)d~ ,C- 7 ~ -tt 7 j ~~~ 7 "nm? on,c,~? ~zmc. ~s ZC ~~~~'' ~~QU~ =~(~N-aC~ tttt77 N n "!1Z T, ~) II~a _ =1 .: 7~~ti;~ :a O m7i1 t7 001 a On ~ ~~_ • 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 erss~• w ~ ~ ss. „ I i 1 ~ ~ 3 i a e a a• e r a s a gg~ ~ e 1 L R~ ~ °~ ~ ~ 5 ~ ~ 6a ~ $~~ g . I Y o ~~~ ~.~ u~1 -~ ~ C `~ ~ ~ - `z ~' `` ~~ 1 \ `` H ~\`` ~ H • c ~ ~ ti ~ 3~, 7C ;, I 9 `5 ~. ~ 8 3. ~ P 4. ZP~ ~ \`` .\ \~\ JJ ~ g Q p N ~ .~ i~,r ( s l ® w~ . 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T Meridian, OF UNDERSTA;JDINCJ ~'= ~ 3/,~ „~. ~:i:,i 1 s~cua>rr sm~ '!1'11E(i!i ~' f'i't q(/> s~ ~~vt-1 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, • ~ ~.~c~~~~~ 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 ~, ~ ~~~ ~ ~~~ ~ 1~a. ~ ~~ Y Q ~'~F u ~~~'~ 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 \ ~ ~ '.~ ~~~ ~T ~ -' _ _--- - ... -'mil ~':- ' f I RT ..:;, `'~S .• ~J. r ~ V STS l~~ 1 usrrc ro. ~\ ~~ cn . ii'I +••ill; I+IIII1 i 1} ii'i II'IIi ~~ii~lEi I } is i iI I } !~ ::i- ;,' ;} ~ +. ~~''~y'`~'~II'1~~'~-! 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'~~~` `': i ~ try. i :- k RTC r '; ~, ~~ 'i•iiii i ~ ~ i ~~ l ii , , , i , i'i 1 i i i - ~ ` .; =iii :~ .. .r ~ ; , :1 1 3 [' ' ! , ' [1' =?::rill _ ~ ~'~ 'l' •i' ili. .i ~?i ii j is `i i ' ~ rile i-i :}i .. ` ... ~. i EN Gr,yF F +: '.i' ~ •; l;l1~ ~'.1I .'1 :.~ :+: 9s RUBBLE ENGINEERING, INC RT ~ ! ° I : ? : : . 1 ~ ~ i { ; ; ! , . ' . ~ ; . ! i 1 i i :: ~ - _ c y 4550 Berber Court Base. Idr.M EJ709 2001J22.85 i~ .l:li i :;~ Z~ ~P ~~~ i ' ,'II + ~ ~;;:?j.l~l_~ii'.. :,~4' .. VICINITY i1AP rt Ii~~i+1 ii :' +'fl'''1ii''• ,,. Scale- 1"=x.300' . - i ~\ Of>'i~ i ~ 1 '~ i ~~~ 1` Q J • ~~/-1 i '~ i~` WE STICK ROAD ~~~ • ~ ~ ~~ ~ - • s >f e>o rn n h o ° ~ U ~ ~ nl N ~ J O~ 41 ~ Y~ ~ ~ N ~ Y ~ ^ y~ W ~ ' ~~ r N ~ y N R8 N RT ~~• ~ i ~N~ a ~g9 ~'~ i 0 9 j Z 0 ~ 2 S 14 6 .. S I vC S' ~kTe~~ ST. 4 t3 ~ ' 2 j ' ' 0~~~ ° W. JOUS ; j S WI ~ 12 , W * IS ~_ ~ 6 u 6 s ~- ' N 2 w H j < s s n W j t to a s C Nd~, LI G~~il I 4v = ~ I S z ~ S = H 9 !Z 4 } S 8 ~ j W. .:AVENNURST S'' . E 7 8 I 9 10 ~ . II , 12 .3 14 :S I6 •17 I.- ' I 22 23 24 2 3 IB :9 :6 IT IS ZO 21 ~ P R W 0 i3 2. , w MiRO.GE CI w. ~IELOSTREAN OROR o 'Z I~ b 9 0 W000 12 I I M A 10 I 9 n S RK ~ ~ 2~ s NO 2 .r- ~ ~ F~~ r _,ib' -'.:AM (1. S'RE to ST. F' j I I I ~ v ~ I ~ ~ ~ ~ .,, :NUBBLE ENGINEERING, INC .aeo e..~.l c«.+ ed... w.w ura ioarau.e>r, ,O 1VAV,~O ZONING MAP • ~ '~ X ~i ii !6°~1 I~es{6~ ~~:is~ n III ~I A ~'~I !~~ ~ •~ ~~~i~=l~~i; ~0; ~~g~~~ 6~f!'~l;~~glj~ r~ ~ i e o ~:i~ipi~9~~1:~~~i~S~~ 4 r . w • . •r r stF°_g d~X i 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: ~: r. 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~; tr ~. / ^, r 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 - ~I~E STRt ' 1 tts4 1 •.r t,w. ~' (~,7„oa I ( yfCenarl~ss~,,~ 1 No[ary ublic I tt~ad~w,...~esidittg a[ Cotntaianion Exp. ,mn - • 2 C m a~ -n p r. cn n ,~ ~, ~, m w ~ c 'b r co o ~ o n 2 O ~ c~ a. rD ~ a Z r. m C ~ n ~ ~ c~r' m m w 'b rD w ~ ~ ~ p N. w m o Fv rt r'l 0 0 ~ a 'd b m (A m ~ n r• ~ m r• r- a n D to rD o ~' m ~' w n ~ n o D CA rt o' N ~ ~ I ~ I ~ ~ ~ £ o "~ ~ I Iv I N U1 m m D Z f7 ri ~ ~ cn rt ~ o N o rt n m O O '~ fD ~ Qq W O n r-1 0 rt w n w rt ~ ~ C7 rA ~• w o o m p a rt C7' rt G• co ~o n ~ ~ °' n o' o ~ ~ a' a C m ~• ~ m b go ~ ~ ~~~ ~, n ~ w ~ ~ ~ ~. o p D n m w ~ o p ~ Z ~ ~ w ~ ~ ~• o ~ ~ ° a m o C O , o ~ r ~ a ~ ~ o ~ p = ~ ~ ~ ~ . ~ O o W m ~ o c i o u ~ ~ D m £ n rt ~ rD rt w x w r ~ n b a x rt ~ r O n ~' r• w ~ ~ --~ w N ~ m p ~ ~ .. w ~ ~ ~ ~° O n ~ x ~ " x ; m ~ o ~ ~ ~ ~ G rt ~ D w N o rt O 0 ~ z Z ~ rt. ~ ~ t~ r ° p c. n ~• r ~ m _ o rt a £ Z ~ ~ O E ~ m C 0 d o w o ~ '-^ ~ m ~, r a c ~ ~-+ O w n cr w a n cn r+ 'U • ~ ° m o c z ~ m r• cn ~ N... w o w ~ ~ ~ w ~ ~ c ~ ~ m ~ u, w • rt a ~ E n rt o ro w co c a a ~ ~ rfl b n rt ~ ~ ~ ~ ~ ~ Z~'! ~t _ ~ ~ gmc~~ c~?~~ ~ m D D Z = ~ m D -IOmZpmzr~ mr~o~prp0r 7 pm ~~ m m O m~ m n CO p<~rZD =mom ~o m i~ Z~~c n ~ m D -{ 'i ~ r n m <Z D~ ~m~0 ~ ~2 - j ~m~~D~D ~m ~ m W r ~ T ,,~`` TT _1 Q w 0 V/ ~ V Q~ j O , 1 (O CJ r cn cn m mOD~Cr ~ ~ z ~ ~~ 3] ~ D O~ Z C s Z ~OZ r =~ r~-DpZ~2 t O (n --nOD v'~OOm ~ ~ ~ N m ~ r ~p ON-1~ --~ _~ ~ ~ ~~z o< o ~m0~~-n i ~m On~p ~ ~ OD~p ~ C m ' m ~ ~ m y~ r~ ~ Ul( J101pWGJ(nT N O ~ C T 2 ~ ~ ~ m ~ _ 0 ~ m m D ~I ~ ~ D C7 m m N r~ ~ O ~ Ir -Z 77 1 i ~D 7 ~ J ~ ~~ ~~ >_ ~~ ~~ Z ~m D ~ 7p nZ z 7 -i C ~~ D (7 ~Z Z ~i m C m ~_ Z O N c m 0 Cl1 Z m N z m Z 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 ~ c 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' ~ ~- • '~,~ ,~~~ 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. • • "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. • 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. • ~ 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 ~. • • 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. i ~ 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 ~. • • 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. • 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. • 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. .~ 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. • 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,,,~,.• ~O 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: ~. y~yr~~~r~~~g1C~ ~ 31q~~} o. i n r~~ ,~ (~,~ r~ 11.- ~j / 1 li ICK ROAD ~ . ~'" 1 • ~ ~ rn r` c~ O o ,p U ~ ~ h N ~ rn yQ ~ ~ N ~ r ~ ~ M \ ~ ti~ `D ~ ~~6~ N 2 ~ ~t n N R8 N RT 3 s" ~ ~T. 2 a .. ~~. ~ 9 i ~9~ I z O J 2 3 14 '' 8 1K SwEh:TBRI:f+ ST. 4 13 S 4 2 I ' Or~~" ° W. JOUST f I > S 12 ' W ' IS I i 3 '~ ; 6 I N 2 F4 6 ~~.J 4^ i 3 36 w ~ `/ 10 Z 3 C N~ ,~((22~~ ~..~1711 i z 5 , S z B 9 ( ) ~ Z 4 S s ~ i W. .:AVENNURST 5'' . 7 8 I 9 10 ~ . 11 -~ ,~ I r , 12 .3 14 :S ~ !6 ~ 17 IS I ,, 1 :6 I7 z. 18 :9 , 20 ~ ~ 22 P 23 R 24 25 W O W. MIR4.GE CT, w. FIELOSTREAM DR q o ,2 n W00p9 I2 M II A W , 9 n S ~' ;:] H RK i 2 ~ :i I __ _ • S , t^ _ ,1 6 f ~ G 2/~ 3 k, '~'J F 4 N O S 2 6 ~ _ ~ _ ~s' ~'.:AM (i; ~k S'RE t~ 8T z ;z7 J 2 3 I ~ 3 ~ 6 ) ~~ 19 ~ I I 3 I - I ~ - ~ I `1 ~ ~ ,~ IN ~N ,~~ fE ~'; NUBBLE ENGINEERING, INC. _ aaeo ~rrl Court • Beiw, la.no u)aa • 20vJt2dYY2 ZONING MAP Scale: 1"-300' . " ~,. ,. ,• •~ .. ~~~ ,, .. 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 ~. J ~ ° r~ • `' ; .. ;; ~. .:.om ~;.y ;. '. y ~• ~ Residing at Eagle, ID ~" Tr,-,.;~,` ~' ~~ "'~ ~' My Commission Expires: , . 5-•10-98 ••f,'0'~ ill! 7,Lti ~''1 ~ ~~ 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 ~~ .~ p T •°.,~ ~~'• fir,': -~ • ep '\~ •=~ ~ "n°°' ~ ~' otary Publ c for Idaho :. ,: ,° 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 .. , ,• ~~~' ~J i ~/ ~~ i R8 1 WES STICK ROAD ~'~ 3 Sr • .,~ ~ z s "•: ~ . I ~ ~ •_ n h 4 ~ ~~. tD U F- .^- ry ~~ ~ N ~ ~ N i ~~~ 199a Y;~, 4~J~ i 2 p9 o N r v ~ M~ i ~ J 2 3 I• 6 .. ~ 1'$ ~ w ShEFTBRI:f+ ST, S ~y ~1 ~` 4 13 4 2 ~' 'fir ~ i ! 4~ L T• e 7 w ~ I ,~ s 12 w JOUST Z i ~ >I 2 • T .i ~ 1 15 j .~ '~ a j ,, W e 1* 2 s s r ~ W w ~ ^ W a ` \ 4 n s 3 36 z ~ 10 = 3 C NflL LIG~~'i `\ N i S 2 4 S 8 9 ~ 4 S B Z E r _ 7 8 I 9 10 ' . II , 12 13 14 1 13 6 IT 18 :9 N 21 22 23 24 23 .3 .1z ~ i P R yy p. W MIRa.GE C~ w. 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I lNGrp ii{':i~ ~I~ !111.1' .~ i , +: '~~~ ff1 ~' ~; : , ~ ''° ~ i ~ ~ ~, { j ' ~ ~ ~~ ~ I ' '' ; ~ ! ' ~ ~ ! ~ RUBBLE ENGINEERING, INC. RT ' i R ~ i . + ~ i ~ t I . , I I I ~ ~ . , + . i t ' ~if ~ .~ 9650 e.tn.~ Court i3aarr, IMO 0.7701 t01A22~6992 i , ' ''' j ~ rilC!I•' 'b C~ ' , ~ ~ III. Ili ~~ ~ .'Ijji•~:+ 1 ~ ~,I j'~ Ij`{'i~ ~:';1i.. VICINITY ~P ., , .,' .1 :;'1 i. 1 ~ Itjl~~';I~;. ., Scale: 1"~i300' i I .ill 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