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Fothergill Pointe No. 2 FP • • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G.BERG,JR.,CityClerk MAX YERRINGTON JANICE L. GASS, City Treasurer CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. t w w s 33 EAST IDAHO SHARI STILES ater . aste up JOHN T. SHAWCROFT, Planner a 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) 888~I433 • FAX (208) 887-4813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: June 14 TRANSMITTAL DATE: 6/7/94 HEARING DATE: 6/21/94 REQUEST: Final Plat for Fothergill Pointe No. 2 Subdivision BY: John Ewing and Gary Lee LOCATION OF PROPERTY OR PROJECT: West of Tract Subd. No. 3 and 4, East of Fothergill Pointe No. 1 JIM JOHNSON, P/Z 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 TCITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: '~EC~I~,IIED FOTHERGILL POINTE N0.2 MAY 2 b 1994 SU6D1 VI SI ON C1T~' ~~ ~~~~~~' Jd'. = 300 ~J U~ i ~ ~,r~u s J-U-6 ENGINEERS, Lnc. ENGINEERS • SURVEYORS • PLANNERS 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208/376-7330 FAX: 208/323-9336 May 24, 1994 Ms. Shari Stiles Zoning Administrator City of Meridian 33 East Idaho Street Meridian, ID 83642 !F~ECEI~T~I3 MAY 2 b 1994 Dear Ms. Stiles: RE: FOTHERGILL POINTE SUBDIVISION N0. 2 (Ewing Property) John R. Ewing and Sara L. Ewing Enclosed for your review and processing are the necessary documents as established by the City of Meridian Ordinances for a Final Plat for the above subdivision. As stipulated by said ordinance, please find enclosed the following: 1. 30 copies of the Application for a Final Subdivision Plat. 2. 30 copies of the Final Plat, Sheet 1, 18"x27°, at a scale of 1" = 100'. 3. 3 copies of the Final Plat signature page, Sheet 2, 18"x27". 4. 10 copies of a reduced copy of the Final Plat at a scale of 1" = 300'. 5. A check in the amount of $820.00 for the Final Plat application fee from the Ewing Company. Also, per City requirements, on behalf of the developers, John R. Ewing and Sara L. Ewing, we wish to make a Statement of Compliance as follow: 1. Streets, curbs, gutters, and sidewalks will 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. The proposed use of this development is in conformance with the City of Meridian Comprehensive Plan. 3. This development will connect to City services. 4. This development will comply with City Ordinances. 5. This Final Plat is in conformance with the approved Preliminary Plat. is ~~ F~ ~~-u Engineers Surveyors Planners Ms. Shari Stiles May 24, 1994 Page 2 6. The street names are as approved by the Ada County Street Name Committee and will not conflict with the City of Meridian grid system. Please review the enclosed information and schedule for the next available City Council meeting. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. /~i LiC GarC~r~~% Lee, P.E./L.S. Project Manager GAL:ls Enclosures cc: John R. Ewing Project No. 18780-01 ~B OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., CNy Clerk JANICE L. GASS, Clty 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 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 ~CE~~x~D Planner & Zoning Atlministrator Phone 208 888433 • FAX (208) 887-4813 JIM JOHNSON ( ) Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 !! GRANT P. KINGSFORD 3 ~ ~ - 7 1994 Mayor ~Ty pF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: June 14 TRANSMITTAL DATE: 617/94 HEARING DATE: 6/21/94 REQUEST: Final Plat for Fother4ill Pointe No. 2 Subdivision BY: John Ewing and Gary Lee LOCATION OF PROPERTY OR PROJECT: West of Tract Subd. No. 3 and 4. East of Fother4ill Pointe No. 1 JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: A Good Place to Live CITY OF MERIDIAN ~i-u May 24, 1994 Ms. Shari Stiles Zoning Administrator City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Ms. Stiles: -B ENGINEERS, Inc ENGINEERS•SURVEYORS•PLANNERS 250 S. Beachwood Avenue, Suite 201 Boise, ID 83709-0944 208/376-7330 FAX: 208/323-9336 MAY 2 b 1994 C:TIr' ~~ ~~~;i~~t~~t RE: FOTHERGILL POINTE SUBDIVISION N0. 2 (Ewing Property) John R. Ewing and Sara L. Ewing Enclosed for your review and processing are the necessary documents as established by the City of Meridian Ordinances for a Final Plat for the above subdivision. As stipulated by said ordinance, please find enclosed the following: 1. 30 copies of the Application for a Final Subdivision Plat. 2. 30 copies of the Final Plat, Sheet 1, 18"x27", at a scale of 1" = 100' . 3. 3 copies of the Final Plat signature page, Sheet 2, 18"x27". 4. 10 copies of a reduced copy of the Final Plat at a scale of 1" = 300'. 5. A check in the amount of $820.00 for the Final Plat application fee from the Ewing Company. Also, per City requirements, on behalf of the developers, John R. Ewing and Sara L. Ewing, we wish to make a Statement of Compliance as follow: 1. Streets, curbs, gutters, and sidewalks will 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. The proposed use of this development is in conformance with the City of Meridian Comprehensive Plan. 3. This development will connect to City services. 4. This development will comply with City Ordinances. 5. This Final Plat is in conformance with the approved Preliminary Plat. ~ ~ • ~J~u Ms. Shari Stiles Engineers Surveyors Planners May 24, 1994 Page 2 6. The street names are as approved by the Ada County Street Name Committee and will not conflict with the City of Meridian grid system. Please review the enclosed information and schedule for the next available City Council meeting. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. L~ ary/~~~Lee, P . E . /L . S . Project Manager GAL:ls Enclosures cc: John R. Ewing Project No. 18780-01 ,. • M ~1Y 2 6 ~9v4 ~~~~' ~~" f'~'.8~3~il~y`+~ REG~UEST FUR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request fur preliminary plat approval must be in the City Clerks 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 montrily 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 action. GENERAL INFORMATION Ewing Annexation 1. Name of Annexation and Subdivision, Fothergill Pointe Subdivision LIo. 2 2. General Location, West of Tract Subd. P1o. 3 & 4, East of Fothergill Pointe Ydo . 1 3. Owners of record. John R. Ewing and Sara L. Ewing Address, 1500 Eldorado, Boise, ID ,Zip 83704 Telephone 377-1500 4. Applicant, Same Address, 5. Engineer, Gary A. Lee, P.E./L.S. Firm J-U-B ENGINEERS. Inc. 250 S. Beachwood Ave., Suite 201 Address Boise, ID .Zip 83709 Telephone 376-7330 6. Name and address to receive City billings: Name John R. Ewing Address 1500 Eldorado, Boise.ID Telephone 377-1500 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 21.34 2. Number of lots 82 3. Lots per acre 3.84 4. Density per acre 3.84 5. Zoning Classif ication t s) P`-8 • • 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing Zoning classification N/A 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? Explain For future parks? No Explain Lin er E em, t'leridian Mi e 11. What school (s ) service the area and High School do you propose any agreements for future school sites Ido Explain 12. Other proposed amenities to the City :done Water Supply :done Fire Department None Other Yes Explain Pressurized irrigation system 13. Type of Building (Residential, Commercial, Industrial ur combination) Residential 14. Type of Dwelling(s) Single Family. Duplexes, Multiplexes, other Single-family only 15. Proposed Development features: a. Minimum square footage of lot t s) , 6, 500 SF b. Minimum square footage of structure t s ) 1, 300 SF c. Are garages provides for. Yes square footage 450-500 SF d. Are other coverings provided for No e. Landscaping has been provided for No , Describe (2) • f. Trees will be provided for No Trees will be maintained g. Sprinkler systems are provided for NO h. Are there multiple units No Type remarks i. Are there special set back requirements too Explain j. Has off street parking been provided for Explain Driveways and garages k. Value range of property 580.000 - $120.000 1. Type of f financing f or development Conventional, VA, FHA m. Protective covenants were submitted Yes . Date w/Phase I 16. Does the proposal land lock other property Pdo Does it create Enclaves T1o STATEMENTS OF COMPLIANCE: 1. Streets, curbs. gutters and sidewalks are to be constructed to standards as required Dy ,.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 rith the City of Meridian Comprehensive Pla n. 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 wi th City grid system. (3) C f \ \ ~` ~` ~ ~ 1 ~ O 1 ,"- ~i • _ CS' >. / - -~, / - ,, 1 -- i __~ U --- ~ =- _ s~~_ - _- ~ / ~ ~ 3_~ , _ _. _ __ _ 1 ---r~ --^ ~ - ~ ~ • ~f 1 ~ < w E.. ~ r~ UZ ~ ~" w ~ LQ~pv ~ _ 3 w -- a~ ~ - f ,~ ~ ~- ~-- oc ~ . ,~ s, T _ -~. ~. ~ ~ ~ o r N ~o~ 1-=~ ._..__6_. -_. _. _._._ reu isc i~ -~ i- ~ I ~ ~~ ~' z ~ ~ - / N I i r=--r/ ~s~ ,, IF---~ N NI • 4 ~ ~ ~~ + . u, r d ~ ~Q a ~ _ ~ ~ c~ 0 25 e o P N ~ W ~ ,(1 '~ v~ Q ~ w ;PY (y ; M• `'I .l.~P. - s i C °'! ~ - - '_-~ ` I ~ ~ ~~c~~~~r~ SEP 2 3 199~r _ _. Gr i ~ ~:,~ rwe~.rrti~it~I~~ & ~ ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 '2~ September 1994 ts~~ . Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 'Gary Lee Boise 345-2431 J-U-B Engineers, Inc. 25D South Beechwood Avenue; Suite 201 "~'+Boise, Idaho 83709-0944 Re Fothergill Pointe No. 1, No. 2, and No. 3 Pressurized+ Irrigation System Dean Gary: The pressure irrigation plans and calculations, and storm drain "master plan have been reviewed for the above mentioned project. The. irrigation system will be adequate to meet the needs of the Nampa & Meridian Irrigation District if constructed according to the submitted plans. 'The storm water drainage system appears to be entering into the intake structure of the. pump system. I do no believe that this will be acceptable. Possibly you should contact me regarding this matter as the District does not want. the liability of possible contamination of the pressurized irrigation system. Please have John or Sara Ewing contact Mr. Daren Coon regarding the construction agreement to finalize the plan to put the District in position to take over the pumping system once that it is completed 'and has proven itself for a year. If you feel further discussion is required concerning this matter, please feel free to contact me. Sincerely, John P. Anderson _ istrict Water Superintendent. c: ~_ Each Director Secretary of the Board Steven Mahaffy ~y of Meridian Ada County Development Services Bill Henson Rider 4 APPROXIMATE IRRIGABLE ACRES F 11 a RIVER FIOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ,- ~ ~ RECEIVED DEC 2 8 1994 CITY OF MERIDIAN ~i~uc & ~l~i~ud~a~ ~Innigat~ast 2~la~cict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 22 December 1994 OFFICE: Nampa 466-7861 Boise 343.1884 SHOP: Nampa 466-0663 Boise 345-2431 John Ewing Ewing Company General Contractor 1500 North Eldorado Boise, ID .83704 RE: Fothergill Pointe Subdivisions #1, #2 and #3 Pressure Urban Irrigation System - Construction Contract - Letter Dated 19 December 1994 From John Anderson to Gary A. Lee Dear Mr. Ewing: Enclosed is a copy of the above-referenced letter and, as you can see by the letter, the Irrigation District is continuing to review the pressure urban irrigation system plans, design and calculation. It would appear that significant progress has been made on your pressure urban irrigation system and I hope that I have provided you with a sufficient amount of information upon which you can make a decision as to whether or not you wish to transfer ownership, operation and maintenance to the Irrigation District and whether or not the Irrigation District and you can agree on the terms for excess capacity in the pressure urban irrigation system. Should you desire additional information, please feel free to make that request. In any case, it appears that your project is progressing to the point that you and the Irrigation District need to conclude some contractual arrangement so that the necessary follow-up steps can be completed. Page 1 of 2 ~OG'~? APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 22 December 1994 John Ewing Page 2 of 2 • Please feel free to call on me at the District's office telephone number listed above should you wish to discuss this further or please feel free to call on the District's Attorneys, Steve Mahaffy or William F. Ringert at 342-4591. Sincerely, Daren R. Coon, Secretary/Treasurer DRC/dnm cc: File Each Director Water Superintendent Attorney - Ringert Attorney - Mahaffy Gary A. Lee - J-U-B Engineering, Inc. ,/City of Meridian Ada County Development Services enc. .~ ~~~~ ~~ • DECLARATION OF PROTECTIVE COVENANTS CONDITIONS AND RESTRICTIONS FOTHERGILL POINTE SUBDIVISION .PHASE 2 DATED: RECORDED: INSTRUMENT NO.: WHEREAS, John R. Ewing and Sara L. Ewing, individuals, hereinafter referred to as "Declarants," are the owners of certain real property situated in the City of Meridian, in the County of Ada, State of Idaho, known as Fothergill Pointe Subdivision Phase 2. WHEREAS, Fothergill Pointe Subdivision Phase 2 is a duly recorded plat; and, WHEREAS, the Declarants desire to declare of public record certain Protective Covenants, Conditions and Restrictions upon the ownership of said property: NOW THEREFORE, in consideration of the foregoing, the Declarants do hereby declare that the following Protective Covenants, Conditions and Restrictions: 1. Shall become and are hereby made a part of all conveyances of all lots within the plat of Fothergill Pointe Subdivision Phase 2, recorded on the day of 199 in Book of Plats at Pages of the records of Ada County, State of Idaho; and, 2. Shall by reference become a part of any such conveyance and shall apply thereto as fully and with the same effect as if set forth at large therein. A. PROPERTY SUBJECT TO THESE COVENANTS Initial Development Declarants hereby declare that all of the real property described above are held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to these covenants. The above property subject to these covenants shall constitute Fothergill Pointe Subdivision Phase 2. B. LAND CLASSIFICATIONS Lot A lot shall be any plot or tract described in the above recorded plat. All said lots shall be used for residential purposes. Dwelling Size No dwelling shall be permitted on any lot in said subdivision with less than 1,300 square feet. Houses of a larger size may be constructed on any of the lots. 1,300 square feet is only a minimum restriction. Each dwelling shall be provided with a private garage of adequate size to shelter not less than two standard size automobiles. 3 r C. BUILDING RESTR IONS • Setback Restrictions All dwellings constructed upon said 'property shall conform to the setback restrictions as follows unless specifically waived in writing by the Architectural Control Committee. In no case can the Architectural Control Committee grant a variance to less than the setback as defined in the Meridian City Ordinances unless a variance is granted by the City through approved procedure. No building shall be located on any lot nearer than twenty (20) feet to the front lot line; nearer than fifteen~(15) feet to the rear lot line; on corner lots the side yard shall be a minimum of twenty (20) feet on the side abutting the street. Side yards shall meet Meridian City code. Easements ~ Easements for the installation and maintenance of utilities and surface drainage facilities are reserved as indicated in the recorded plat. Within these easements, no structure or 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 surface 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 company is responsible. Temporary Structures No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any. time as a residence, either temporarily or permanently. Fences No fence, hedge or walls exceeding six (6) feet in height shall be erected or placed or permitted to remain on any lot. Fences shall be well' constructed with subdivision architectural similarity and approval. In no event shall side yard fences project beyond the front walls of any dwelling or garage that does not meet the City of Meridian code. Offensive Activity No noxious or offensive activity shall be carried on or upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Parking 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. Animals No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that a total of two household pets may be kept provided they are not kept, bred or maintained for any commercial purposes and provided they are kept on a leash when outside their owners property boundary lines. ,~ ' ~ li • • Trash and Rubbish No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any other waste. No garbage, trash or other waste shall be kept or maintained on any part of said property except in appropriate sanitary containers for proper disposal and out of public view. All containers for the storage or disposal of such materials shall be in a clean and sanitary condition. Construction Completion Construction of any dwelling shall be completed including exterior decoration within eight months from the date of the start of such construction. All lots shall, prior to the construction of improvements thereon, be kept in a neat and orderly condition and free of brush, vines, weeds, debris and the grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. Landscape Completion Each lot owner shall attached garage, and occupance thereof, seed provide and maintain la~. the neighborhood. promptly, after constructing a dwelling and in no event later than five (5) months from the yard to lawn or place sod thereon and adscaping and trees aesthetically acceptable for 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. Sight Distance at Intersections No fence, wall hedge or shrub planting which obstructs sight lines at elevations between three (3) and eight (8) feet above the roadways shall be placed or permitted to remain on any .corner lot within the triangular area formed by the street property lines and aline connecting them at points thirty (30) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Water Supply and Sewage Disposal No individual domestic water supply system or individual sewage disposal system shall be permitted on any residential lot. Irrigation water supply shall be permitted on any residential lot subject to approval of the Architectural Control Committee and all city, county, state, or Federal regulations pertaining to irrigation water supplies. d ~~r~~l , ~~ D. ARCHITECTURAL CONTROL COMMITTEE • Membership: Appointment and Removal The Architectural Control Committee, hereinafter referred to as the Committee, shall consist of as many persons, not less`than two (2), as the Declarants may from time to time appoint. Declarants may remove any member of the Committee from office at any time and may appoint new or additional members at any time. Declarants shall keep on file at their principal office a list of names and addresses of the members of the Committee. The powers and duties of such Committee shall cease one year after, or prior, at Declarants' sole discretion, after completion of construction of all dwellings and following the sale of said dwellings to the initial owner/occupant on all of the building sites within Fothergill Pointe Subdivision Phase 2. Action Except as otherwise provided herein, any one member of the Architectural Control Committee shall have the power to act on behalf of the Committee, without the necessity of a meeting and without the necessity of consulting the remaining members of the Committee. The Committee may render its decisions only by written instrument. Approval of Plans by Architectural Control Committee a) No building or structure, including fences, swimming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation have been submitted to and approved in writing by the Architectural Control Committee. b) Exterior Finish. The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping within the Project. Exterior colors shall be of the flat, not-gloss type and shall be limited to .subdued tones. Exterior colors must be approved by the Architectural Control Committee. Liability Neither the Architectural Control Committee nor any member thereof shall be liable to any owner, occupant, builder or developer for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. Nonwaiver Consent by the Architectural Control Committee to any matter proposed to it and within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. • E. GENERAL PROVISIONS • Term These covenants are to run with the land and .shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, unless at any time prior to the anniversary date or subsequent dates, a then majority of 51x of the owners by written amendment, amend or cancel these covenants after which time said covenants and/or amendments thereto shall be automatically extended for successive periods of ten (10) years. Enforcement Any owner or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceedings at law or in equity and shall be reimbursed for costs and attorney's fees, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a .waiver of the right to do so thereafter. Severability Invalidation of any one of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect. Effect of Breach ~ The breach of any of these covenants, conditions, or restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or portions of lots in such premises, but these covenants, conditions, reservations, and restrictions shall be -binding upon and effective against any such mortgagee or trustee or owner thereof, whose title thereto or whose title is or was acquired by foreclosure, trustee's sale, or otherwise. Amendment a) By Grantor: Until the close of escrow for the sale of the first building lot, the provisions of these conditions may be amended, replaced or terminated by Grantor by recordation of a written instrument setting forth such amendment, replacement or termination. For the purpose of these conditions, the close of escrow shall be deemed to be the date on which a deed granting a building lot is recorded in the office of the Ada County Recorder. F. HOMEOWNERS' ASSOCIATION, INC. It is contemplated that a Homeowners' Association will be incorporated and will adopt Bylaws (the "Bylaws") for its governance. To the extent the Articles of Incorporation o Bylaws of the Association may conflict with the provisions of this Declaration, the provisions of this Declaration shall control. or • • Property Rights a) Owner's Easements of Enjoyment. Every Owner shall have a right of use and enjoyment in, of and to the Common Area and Common Facilities, subject to such reasonable rules and regulations governing .use and access as may be adopted by the regulations governing use and access as may be adopted by the Association, which right shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: 1) The Association shall have the right to charge reasonable admission and other fees for the use of any Common Facility; 2) The Association shall have the right to suspend the voting rights and right to use the Common Area or Common Facilities of an r Owner for any period during which the 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; and 3) The Association shall have the right to: (i) mortgage or convey all or any part of the Common Area or Common Facilities, or (ii) dedicate or transfer all or any part of the Common Area or Common Facilities to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such mortgage, dedication or transfer shall be effective unless an instrument agreeing to such mortgage, dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded. b) Delegation of Use. Any Owner may delegate his right to enjoyment of the Common Area and Common Facilities to the members of his family, his tenants or contract purchasers of his Lot, Provided such designees reside on the Property. Association Membership and Voting Rights a) Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot. b) The Association shall have two (2) classes of voting membership: Class A: The class A members shall be all Owners, with the exception of the Declarants (during the period .when the Declarants are a Class B member). Each Class A member shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be members. The vote for each Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to each Lot. Class B: The sole shall be entitled t~ Class B membership Class A memberships upon the happening occurs earlier: Class B member shall be the Declarants, who ~ three (3) votes for each Lot owned. The shall cease and be automatically converted to (one Class A membership for each Lot, owned) of either of the following events; whichever • • 1) When the total votes outstanding in Class A memberships equal the total votes outstanding in Class B memberships; or 2) On January 1, 2000. ./~-5 ~~ a'Pp''' Irrigation System Declarants are to put in an irrigation system. Declarants shall, within twelve (12) months of the recording of the Declaration, complete installation of dry lines throughout the Project to serve as a water delivery system for a pressurized irrigation system for ultimate delivery of irrigation water to each Lot. Upon the completion of the installation of said dry lines by Declarants and upon the adoption by the City of Meridian of standards and specifications for pressurized irrigation systems in residential subdivisions, an appropriate diversion, pump and such other equipment or improvements as are reasonably necessary to divert water under pressure into said system in accordance with the standards and specifications adopted by the City of Meridian shall be constructed, installed and completed by Declarants. ,,+ • • John R. Ewing and Sara L. Ewing, Individuals 1500 Eldorado, Suite ~4 Boise, Idaho 83704 Sara L. Ewing John R. Ewing STATE OF IDAHO ) ss. County of Ada ) On this day of 19 before me, the undersigned, a Notary Public in and for said State, personally appeared John R. Ewing and Sara L. Ewing, known to me to be the persons who signed the foregoing instrument as Declarants and acknowledged to me that they executed the .same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written. Notary Public for Idaho Residing at Meridian, Idaho My Commission expires November 14, 1994 Meridian City Council June 21, 1994 Page 9 • Kingsford: Moved by Ron, second by Walt to deny the claim made by Gregory Ashton, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: FINAL PLAT: FOTHRGILL POINTE N0.2, 82 LOTS BY JOHN EWING: Kingsford: Does Council have any questions for staff or Mr. Ewing, or Mr. Ewing's professional services? Morrow. 1 read Gary's comments, Gary's comments seem very favorable with respect to the proposal by Mr. Ewing. My question to him or Shari would be is do they have any additional comments or questions concerning this project? Kingsford: I think Shari's comments, she would like a chance for feedback on those and it should be approved conditioned upon those. Corrie: Mr. Mayor, I have one question for John, John, Kenny Bowers has been having trouble with the Fire Department finding homes in these new subdivisions. He has requested the street name signs begin to be put up before buildings are put up, could you see if that could be done, street signs as soon as possible. Because if they get a fire out in one of those subdivisions we don't know exactly where we are going, not saying the fire department gets lost, but as many subdivisions that are going up now it might help them if we could speed it up a little. Kingsford: Could you come up here please. Ewing: I noticed that comment on the sheet, I think what we will have to do, that is something that Ada County Highway District does. So to solve that problem maybe what we will have to do when we get to that stage before they start building houses, put temporary up. Do you think that will work? I will check with the County though and see if we can, that would be ideal if we could get the permanent ones up, but I don't know if that is something that anyone in here could promise whatever happens. Kingsford: I think at a minimum what they are looking for John is on the major cross sections. Ewing: And if something temporary would be sufficient. Kingsford: Any other questions of Mr. Ewing? • Meridian City Council June 21, 1994 Page 10 Morrow. I have one of the Counselor, have you reviewed the CC&r's? Crookston: I haven't. Morrow. Have those been submitted? Ewing: To the best of my knowledge they would be the same, have they been submitted? I don' t remember if they have been submitted, is that alright that they would have been submitted with (inaudible). Kingsford: They have been approved if that is the case. Crookston: 1 just don't recall. Morrow. Out of curiosity, does the homeowners association, does it set up a homeowners association, does it have the capability to levy dues? Ewing: Yes it does have homeowners association and yes they do have in the covenants the right for dues. Kingsford: Thank you Mr. Ewing, what is you decision. Morrow. Mr. Mayor, t would move we approve the final plat of Fothergill Pointe No. 2 by John Ewing subject to review and conditions set by Mr. Smith, Shari the City Planner and Wayne's review of the CC&R's. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of Fothergill Pointe No. 2 by Ewing company subject to approval of the City staff including the City Attorney's checking the CC&R's for conformance with the first phase, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: THE LANDING N0. 7, 51 LOTS BY SKYLINE DEVELOPMENT: Kingsford: Does the Council have any questions for staff or Skyline? Morrow: The only question I would have is a quick review by Gary of his comments, he has some 14 items on my comment page that 1 received from him today. CENTRAL ~ s •• DISTRICT RECD V ~'-.r pRHEALTH Return t°: DErARTMENT ~ ~ N 1 ~ ~;~=~ ^ ~~ REVIEW SHEET t of ~~~~~N ^ Virden city Rezone #Meridian Conditional Use # ^ I<una Prelimina in Short Plat ~~-er ~// Poiw~~ ~6- Z S~~~r'~ ~~ ^ ACz ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic 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 sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ® Central .sewage ^ Community sewage system ^ Community water well ^ Interim sewage ® Central water ^ Individual sewage ^ Individual water ® 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: Central sewage ^ Community sewage system^ Community water Sewage dry lines ® Central water '® 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval ^ 11. 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 reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Beverage establishment ^ Grocery store 13: -S?A~/'~raf-~"~rt !`1~NA-~ /'~l LET ~S'/~ ~// N o ~' ~6b-n~a~ w.r~ c~v~Ty . ~dH~ I~co~~Qs err T3~dT7~lt~i / r DF 7~i E ~i27' ~2 a P-"~r 7b D ~sc~~',Q 7t~ `TiS~ s'd~3sv2F.gtE, ^ Child Care Center DATE: /3~y` /~ Reviewed by: ~OJ~'I CDHD 10-91 rcb HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Watsr Works Supt. JOHN T. SHAWCROFr, Waste Water Supt. KENNY W. BOWERS, Flre Chiaf W.L "BILL" GORDON, Pollee Chief WAYNE G. CAOOKSTON, JR., Attorney GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SMART STILES Planner 6 Zoning Atlmimatrator ~., -:: .a: • > ~ ~. JIM JOHNSON ~, ~., ~~ ` ' ~ ~,..,~hairman • Planning S Zoning J 1.7 ~~ ~ J ~t?~as CITY C~ ~=~'~~~~' TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: June 14 TRANSMITTAL DATE: 6/7/94 HEARING DATE: 6/21/94 REQUEST: Final Plat for Fothergill Pointe No 2 Subdivision BY: John Ewin and Ga Lee LOCATION OF PROPERTY OR PROJECT: West of Tract Subd. No. 3 and 4. East of Fother i11 Pointe No. 1. JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREUM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) ~U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: A Good Place to Live CITY OF MERIDIAN 33 EAS"f IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (ZO8) 8878 t 3 Public Works/Building Department (208) 887-221 I US WEST REQUEST A 10' EASEMENT ALONG FRONT AND REAR PROPERTY LINES, AND A 5' EASEMENT ALONG ALL SIDE LOT LINES. r- SIGNED: A.J. CARLSON • MERIDIAN CITY COUNCIL MEETING: June 21 1994 APPLICANT: JOHN EWING AGENDA ITEM NUMBER: 12 REQUEST: FINAL PLAT• FOTHERGILL POINTE NOti 2 AGENC 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: SETFLERS IRRIGATION: IDAHO POWER: US WEST: fNTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS COMMENTS FORTHCOMING COMMENTS FORTHCOMING "REVIEWED" SEE ATTACHED COMMENTS ~ J•~~, SEE ATTACHED COMMENTS ~ • ~ ~,~ s ~" ~~- ,~ ~` C G ~~ ~~ ~ ~ ~~ ~ C rti~ ~~ ~ ~~ OTHER: • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON JANICE L. GASS, City Treasurer CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water supt. dministrator KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN ~~C~ W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney , Phone (208) 888-4433 • FAX (208) 887813 jISON Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 JUN 0 8 1994 GRANT P. KINGSFORD "~ "Y ~~ ~r.fl.)~~ ` Mayor ~ ~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: June 14 TRANSMITTAL DATE: 6/7/94 HEARING DATE: 6/21/94 REQUEST: Final Plat for Fothergill Pointe No 2 Subdivision BY: John Ewin4 and Garv Lee LOCATION OF PROPERTY OR PROJECT: West of Tract Subd. No. 3 and 4,_East of Fother4ili Pointe No 1 JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z _TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 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(PRELI~''~` FINAL PLAT) CITY FILES n ~ / /~ / ~ n . YOUR CONCISE • • 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 MAXYERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, waste water supt. ~ n •3 ing Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 ~E~ ~ ~~ W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 OHNSON Chairman • Planning & Zoning Public Works/Building Department (208) 887-2211 ~ ~ ~ ~ ~ ~t~y(~ GRANT P. KINGSFORD _ .. '. Mayor ~y ay'~' ~,.! r, CSQ i tins" ~ni..Y;i`1~1Y~d1'9 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: June 14 TRANSMITTAL DATE: 6/7/94 HEARING DATE: 6/21/94 REQUEST: Final Plat for Fothergill Pointe No. 2 Subdivision BY: John Ewinq and Garv Lee LOCATION OF PROPERTY OR PROJECT: West of Tract Subd. No. 3 and 4, .East of Fothergilt Pointe No 1 JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 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 l ~ _~ , / OTHER: ~ ` `~ YOUR CONCJ)SE RE RKS: ~' ~J~ a~v.~rs • ~ SUPERINTENDENT OF SCHOOLS Bob L. Haley ~~R EXCEt`~ DEP Dan Mabe, Finance & Administration ~i~ DIRECTORS ~~`\~~~ ~ Sheryl Belknap, Elementary '[1 Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN, IDAH083642 • PHONE (208)888-6701 2 Q ~~ June 14, 1994 ~~~.~~J~ City of Meridian JUN 1 5 1~y4 33 East Idaho Meridian, Idaho 83642 C$~' ~ ~'~` d~ys.:~,~,r~'~ Re: Fothergill Pointe No. 2 Subdivision Dear Councilmen: I have reviewed the application for Fothergill Pointe No. 2 Subdivision and find that it includes approximately 82 homes at the median value of $100,000. 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 School. Using the above information we can predict that these homes, when completed, will house 29 elementary aged children, 24 middle school aged children, and 29 senior high aged students. At the present time Linder Elementary is 137 is at capacity, Meridian Middle School is at 130 of capacity and Meridian High School is at 116 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. • • We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, %~2~-~-e Dan Mabe Deputy Superintendent DM:gr • HUB OF TREASURE VALLEY •,~~~~.~ ~"~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney COUNCIL MEMBERS A Good Place to Live ~ ~ ~ ~ ~~~~ RONALD R. TOLSMA CITY OF MERIDI MAXYERRINGTON ROBERT 0. CORRIE (~F ,~~}~YD] a ~(YALT W. MORROW 33 EAST IDAHO vv axcl,v SHARI STILES MERIDIAN, IDAHO 83642 Planner s Zoning Administrator Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor °-~ ~ //h JIM JOHNSON ~~ [~ ~~ Q ~//'~ ~irman • Planning 8 Zoning Q 5 JUN 19a~~ NAtvtPA & MERIDIAN IRF;l~;,1";spy LllST~i~T TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: June 14 TRANSMITTAL DATE: 6/7/94 HEARING DATE: 6/21/94 REQUEST: Final Plat for Fothergill Pointe No. 2 Subdivision BY: John Ewing and Garv Lee LOCATION OF PROPERTY OR PROJECT: West of Tract Subd. No. 3 and 4, East of Fothergill Pointe No 1 JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 -CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C -WALT MORROW, C/C A-1AX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT -FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES YOUR CONCISE REMARKS:All laterals and wasteways must be protected. Municipal sur ace drainage must be retaine on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans . It is recommended that irrigation water be made available to all developments within this District. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. Nampa & Meridian Irrigation District 3 U N 2 0 ~9~4 C~t'Y OF ~1C~ID~A~~ rya. & ~li~tdta.~s ~I~r~ugauac ?~ia~rtct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Gary A. Lee J-U-B Engineers, Inc. 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampo 466-0663 Boise 345-2431 RE: Land Use Change Application for Fothergill Pointe Sub. No. 2 Dear Gary: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent John R. and Sara Ewing City of Meridian enc. ~~~~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 17 June 1994 • HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 1NI,F.1y~~R,ANDUM TO; MAYOR AND COUNCIL FROM; Gary D. Smith, PE RE; FOTHERGILL POINTS SUBDIVISION N0.2 (Final Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning June 21, 1994 I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. This plat conforms to the lot arrangement and street alignment approved as a preliminary plat. 2. Please submit the street name approval from the Ada County Street Name Committee. 3. The adjacent platted subdivision shown as Meridian Manor No.3 should be corrected to read Meridian Place No.3. 4. In checking distances along this plats east boundary against the previously recorded plats of Tract No.3 and No.4 it appears a tie distance on the Tract No.3 plat needs to be corrected. A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor 5. This plat is nicely done and well presented. SUBDIVISION EVALUATION SHEET JUN 2 1 1994 CITY OF MERIDIAN Proposed Development Name FOTHERBILL POINTS SUB N0. 2 City MERIDIAN Date Reviewed 06/16/94 Preliminary Stage Final XXXXX Engineer/Developer J U B Ens~r /John & Sara Ewing The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. FOTHERHILL POINTS SUBDIVISION NO 2 X bK-. Date The Street name comments listed below are made by the members of the ADA COUNTY S RE NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existin4 street names shall aapear on the slat as: "EAST WOODBURY DRIVE" "NORTH ARROW WOOD WAY" "EAST COUGAR DRIVE" "EAST GROUSE rOURT" "EAST BROWN BEAR STREET" The followin new stree name is a roved an shall a ar on the lat as: "NORTH CAPE COD WAY" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order the street names to be officially approved. ADA COUNTY STREET NAME Ada County Engineer John Priester Ada Planning Assoc. Terri Meridian Fire District Representative REPRESENTATIVES OR DESIGNEES NOTE: A copy of this evaluation sheet must be presented to the Ada signing the "final plat", otherwise the plat will not be signed !!!! - Index ~ Date Date Date my Engineer at the time of Sub Index Street NUMBERING OF LOTS AND BLOCKS l N~ $~ A N g ~P ~ R N!s :°'~ >E. ~ z r s -- m = 1 s ~! $u ~o _ • N. CAPE000 WAY ~~~ ~r~~ s~~.. O~~ ~mA O g ~~z ~ >gi -~ ~o~ ~ o TRACT SUBOIVIS1pN N0. 3 BOOK 62 PAGE 6249 i c w ~ ~~ ~~~ ~ ~ ~. ~ T ~,r. i ~ . ~n.~ N S1Da't r ~ a TRACT SUBOrvfS10N ~ I BOOK 64 PAGE 653° OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY 0. SMITH, P.E. City Engineer BRUCE D. STUART, Watsr Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Flro Chief W.L. "81LL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM TO: FROM: DATE: SUBJECT: • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (ZOB) 887-2211 GRANT P. KINGSFORD Mayor ' ' Mayor an Counc~C~ ~~ZS Shan L. Stiles, Planning 8t Zoning Admunistrator COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 6 Zoning Administrator JIM JOHNSON Chairmen • Planning 8 Zoning June 21, 1994 RECETi'~T~ED JUN 1 ~ 1994 Final Plats CITY OF wtLK~u,~r~ I apologize for my lack of response for tonight's agenda items. Due to pressing matters requiring my immediate attention in regard to the Idaho Community Development Block Grant project, I have been unable to devote the time necessary to complete a review. I respectfully request, if it is the Council's desire to approve the final plats of Fothergill Pointe No. 2, The Landing No. 7, and Finch Creek Subdivision, that the approval be conditioned on meeting staff requirements. CENTRAL • • ~~ DISTRICT 'HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BCISE, ID. 83104-0825 • (208) 315-211 • FAX: 327.8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 94-547 November 28, 1994 ~~C~~~~ DAVID NAVARRO N~~ ~ ~ 994 ADA COUNTY RECORDER 6 5 0 MAIN STREET LN ~ N ''''`' '~"'''""'' f` °' ° BOISE ID 83702 RE: FOTHERGILL POINTE SUBDIVISION #2 Dear Mr. Navarro: e Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on November 23, 1994. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, ~~' ~ Thomas E. Schmalz, .S. Senior Environmental Health Specialist cc: Tom Turco, Director HUD City of Meridian The Ewing Company J.U .B. Engineers Sewing Valley, Elmore Boise, and Ada Counties Ada I Boise County Office WIC Brio • Meriden Eirnore Comfy Office 8th Sheet N 520 E Elmore Cowry Office d EnvironmeMd HeaBh VdfeY Cry Office P.O. Box 1448 101 N. Armstrong PI. 1606 Robert St. 83105 ID i e B . . Mountain Home. ID. 190 S. 4th Sheet E. -~~• ~• 83638 Boise, ID. 83104-0825 Health: 321-1499 Enviro s , . o ~• ~-~ 83647 Ph. 581-4407 Mowtain Home. ID. Ph. 634-1194 . famuy Planning: 321-1400 324 Meridian Rd. g3y47 Ph. 581.9225 Immun¢atioru: 321-1450 Meridian, ID. 83642 Nutrttbn: 321.1460 Ph. 888-0525 WIC: 321.1488 • DECLARATION OF PROTECTIVE COVENANTS CONDITIONS AND RESTRICTIONS FOTHERGILL POINTE SUBDIVISION PHASE 2 DATED: RECORDED: INSTRUMENT NO.: P~sf~ i WHEREAS, John R. Ewing and Sara L. Ewing, individuals, hereinafter referred to as "Declarants," are the owners of certain real property situated in the City of Meridian, in the County of Ada, State of Idaho, known as Fothergill Pointe Subdivision Phase 2. WHEREAS, Fothergill Pointe Subdivision Phase 2 is a duly recorded plat; and, WHEREAS, the Declarants desire to declare of public record certain Protective Covenants, Conditions and Restrictions upon the ownership of said property: NOW THEREFORE, in consideration of the foregoing, the Declarants do hereby declare that the following Protective Covenants, Conditions and Restrictions: 1. Shall become and are hereby made a part of all conveyances of all lots within the plat of Fothergill Pointe Subdivision Phase 2, recorded on the day of , 199 in Book of Plats at Pages of the records of Ada County, State of Idaho; and, 2. Shall by reference become a part of any such conveyance and shall apply thereto as fully and with the same effect as if set forth at large therein. A. PROPERTY SUBJECT TO THESE COVENANTS Initial Development Declarants hereby declare that all of the real property described above are held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to these covenants. The above property subject to these covenants shall constitute Fothergill Pointe Subdivision Phase 2. B. LAND CLASSIFICATIONS Lot A lot shall be any plot or tract described in the above recorded plat. All said lots shall be used for residential purposes. Dwelling Size No dwelling shall be permitted on any lot in said subdivision with less than 1,300 square feet. Houses of a larger size may be constructed on any of the lots. 1,300 square feet is only a minimum restriction. Each dwelling shall be provided with a private garage of adequate size to shelter not less than two standard size automobiles. • • ~ C. BUILDING RESTRICTIONS Setback Restrictions All dwellings constructed upon said property shall conform to the setback restrictions as follows unless specifically waived in writing by the Architectural Control Committee. In no case can the Architectural Control Committee grant a variance to less than the setback as defined in the Meridian City Ordinances unless a variance is granted by the City through approved procedure. No building shall be located on any lot nearer than twenty (20) feet to the front lot line; nearer than fifteen (]5) feet to the rear lot line; on corner lots the side yard shall be a minimum of twenty (20) feet on the side abutting the street. Side yards shall meet Meridian City code. Easements Easements for the installation and maintenance of utilities and surface drainage facilities are reserved as indicated in the recorded plat. Within these easements, no structure or 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 surface 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 company is responsible. Temporary Structures No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. Fences Fence design should first be approved by the Architectural Control Committee. Fences should be well constructed, quality wood fencing. No chain link fences will be allowed. No fence, hedge or walls exceeding six (6) feet in height shall be erected or placed or permitted to remain on any lot. In no event shall side yard fences project beyond the front walls of any dwelling or garage that does not meet the City of Meridian code. Offensive Activity No noxious or offensive activity shall be carried on or upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Parking 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. • • Animals No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that a total of two household pets may be kept provided they are not kept, bred or maintained for any commercial purposes and provided they are kept on a leash when outside their owners property boundary lines. Trash and Rubbish No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any other waste. No garbage, trash or other waste shall be kept or maintained on any part of said property except in appropriate sanitary containers for proper disposal and out of public view. All containers for the storage or disposal of such materials shall be in a clean and sanitary condition. Construction Completion Construction of any dwelling shall be completed including exterior decoration within eight months from the date of the start of such construction. All lots shall, prior to the construction of improvements thereon, be kept in a neat and orderly condition and free of brush, vines, weeds, debris and the grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. Landscape Completion Each lot owner shall promptly, after constructing a dwelling and attached garage, and in no event later than five (5) months from occupance thereof, seed the yard to lawn or place sod thereon and provide and maintain landscaping and trees aesthetically acceptable for the neighborhood. 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. Sight Distance at Intersections No fence, wall hedge or shrub planting which obstructs sight lines at elevations between three (3) and eight (8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and aline connecting them at points thirty (30) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. • Water Supply and Sewage Disposal No individual domestic water supply system or individual sewage disposal system shall be permitted on any residential lot. Irrigation water supply: see Irrigation System. D. ARCHITECTURAL CONTROL COMMITTEE Membership: Appointment and Removal The Architectural Control Committee, hereinafter referred to as the Committee, shall consist of as many persons, not less than two (2), as the Declarants may from time to time appoint. Declarants may remove any member of the Committee from office at any time and may appoint new or additional members at any time. Declarants shall keep on file at their principal office a list of names and addresses of the members of the Committee. The powers and duties of such Committee shall cease one year after, or prior, at Declarants' sole discretion, after completion of construction of all dwellings and following the sale of said dwellings to the initial owner/occupant on all of the building sites within Fothergill Pointe Subdivision Phase 2. Action Except as otherwise provided herein, any one member. of the Architectural Control Committee shall have the power to act on behalf of the Committee, without the necessity of a meeting and without the necessity of consulting the remaining members of the Committee. The Committee may render its decisions only by written instrument. Approval of Plans by Architectural Control Committee a) No building or structure, including fences, swimming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation have been submitted to and approved in writing by the Architectural Control Committee. b) Exterior Finish. The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping within the Project. Exterior colors shall be of the flat, not-gloss type and shall be limited to subdued tones. Exterior colors must be approved by the Architectural .Control Committee. Liability Neither the Architectural Control Committee nor any member thereof shall be liable to any owner, occupant, builder or developer for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. • • Nonwaiver Consent by the Architectural Control Committee to any matter proposed to it and within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. E. GENERAL PROVISIONS Term These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, unless at any time prior to the anniversary date or subsequent dates, a then majority of 5l' of the owners by written amendment, amend or cancel these covenants after which time said covenants and/or amendments thereto shall be automatically extended for successive periods of ten (10) years. Enforcement Any owner or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceedings at law or in equity and shall be reimbursed for costs and attorney's fees, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Severability Invalidation of any one of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect. Effect of Breach The breach of any of these covenants, conditions, or restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or portions of lots in such premises, but these covenants, conditions, reservations, and restrictions shall be binding upon and effective against any such mortgagee or trustee or owner thereof, whose title thereto or whose title is or was acquired by foreclosure, trustee's sale, or otherwise. Amendment a) By Grantor: Until the close of escrow for the sale of the first building lot, the provisions of these conditions may be amended, replaced or terminated. by Grantor by recordation of a written instrument setting forth such amendment, replacement or termination. For the purpose of these conditions, the close of escrow shall be deemed to be the date on which a deed granting a building lot is recorded in the office of the Ada County Recorder. F. HOMEOWNERS' ~OCIATION, INC. • It is contemplated that a Homeowners' Association will be incorporated and will. adopt Bylaws (the "Bylaws") for its governance. To the extent the Articles of Incorporation or Bylaws of the Association may conflict with the provisions of this Declaration, the provisions of this Declaration shall control. Property Rights a) Owner's Easements of Enjoyment. Every Owner shall have a right of use and enjoyment in, of and to the Common Area and Common Facilities, subject to such reasonable rules and regulations governing use and access as may be adopted by the regulations governing use and access as may be adopted by the Association, which right shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: 1) The Association shall have the right to charge reasonable admission and other fees for the use of any Common Facility; 2) The Association shall have the right to suspend the voting rights and right to use the Common Area or Common Facilities of an Owner for any period during which the 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; and 3) The Association shall have the right to: (i) mortgage or convey all or any part of the Common Area or Common Facilities, or (ii) dedicate or transfer all or any part of the Common Area or Common Facilities to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such mortgage, dedication or transfer shall be effective unless an instrument agreeing to such mortgage, dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded. b) Delegation of Use. Any Owner may delegate his right to enjoyment of the Common Area and Common Facilities to the members of his family, his tenants or contract purchasers of his Lot, provided such designees reside on the Property. Association Membership and Voting Rights a) Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot. b) The Association shall have two (2) classes of voting membership: Class A: The class A members shall be all Owners, with the exception of the Declarants (during the period when the Declarants are a Class B member). Each Class A member shall be entitled to one (l) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be members. The vote for each Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to each Lot. C~ Class B: The sole Class B member shall be the Declarants, who shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be automatically converted to Class A memberships (one Class A membership for each Lot owned) upon the happening of either of the following events; whichever occurs earlier: 1) When the total votes outstanding in Class A memberships equal the total votes outstanding in Class B memberships; or 2) On January 1, 2000. Irrigation System Declarants are to install a pressure irrigation system. Declarants shall, within twelve (12) months of the recording of the Declaration, complete installation of pipe lines throughout the Project to serve as water delivery fora pressurized irrigation system for delivery of irrigation water to each Lot. The installation of and materials for the pressurized irrigation system shall be in accordance with the standard drawings and specifications as prepared by the Nampa and. Meridian Irrigation District (NMID). If the declarants enter into an agreement with NMID for ownership and operation of the pressure irrigation system the NMID shall approve all plans and installation of the system. If the declarants do no enter into an ownership/operation agreement with NMID the City of Meridian shall review the plans and the installation of the system. John R. Ewing and Sara L. Ewing, Individuals 1500 Eldorado, Suite 4i4 Boise, Idaho 83704 Sara L. Ewing John R. Ewing STATE OF IDAHO ) County of Ada ) ss. On this day of , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared John R. Ewing and Sara L. Ewing, known to me to be the persons who signed the foregoing instrument as Declarants and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written. Notary Public for Idaho Residing at Meridian, Idaho My Commission expires November 14, 2000 . .i ~~ ~` n A Pioneer, CcYnpa~y PIONEER TI'I'LE l;(~MPANY OF ADA COUNTY .x{083137 __~ !~ C in:. '.... ... $ 0 { S E { ~ PIONEER TITLE CO. 888 North Cole-Road / Boise, Idaho 83704 / Teleph 9~ ~Q$~ 3~~7~ 27t~Ii 3 ~,~ FEE ~~-- L,:, - RECORDS[`. a- itii: ilrQU S7 OF A000MMODA- WA-RRA-NTY DEED (INDIVIDUAL) FOR VALUE RECEIVED SARA L. SWING, AN UNMARRIED PERSON; AND JOHN R. SWING, A MARRIED PERSON A3 IiIS SOLE AND SEPAFATE PROFERTY. Grantors , do hereby grant, bazgain, sell and convey unto CITY OF MERIDIAN the Grantcc , wl~osc current address is: 33 E. IDAHO, MERIDIAN, ID 83642 the following described real property in ADA County, State of Idaho, more particulary described as follows, to-wit: LOT 1 BLOCK 1 OF FOTHERGILL POINTS SUBDIVISION N0.1 ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 65 AT PAGES 6639 AND 6640, RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee ,and Grantee heirs and assigns forever. And the said Grantor sdo hereby covenant to and with the said Grantee ,the Grantor s are the owner sin fee simple of said premises; that said premises aze free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ;and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor s will warrant and defend the same from all lawful claims whatsoever. Dated: MAY~,3 , 1994 c S L. SWING HN R. SWING APioneefC3mPanY ,;. UA'+ 17 ii::'+~~e%RO PIONEER TTI'LE t;UMPANY g p I S E I U OF ADA COUNTY CD• ~oNEEatm~ 888 North Cole Road / Boise, Idaho 83704 / Telephone (208) 377-2700 P '9't SEF' 3,,,,0 ~ f ~I 3 1g FEE ~ •` v- Uri . __ - RECOItUEU r'.I ~ilit: RCQU ST OF ACCOMMODATION WARRANTY DEED (1NDIV[DUAL) FOR VALUE RECEIVED SARA L. EWING, AN UNMARRIED PERSON; AND JOHN R. EWING, A MARRIED PERSON AS HIS SOLI; AP1B SEFARATE PROPERTY. Grantors ., do hereby grant, bazgain, sell and convey unto CITY OF MERIDIAN the Grantee ,whose current address is: 33 E. IDAHO, MERIDIAN, ID 83642 the following described real property in ADA ~ County, State of Idaho, more particulary described as follows, to-wit: LOT 1 BLOCK 13 OF FOTHERGILL POINTE SUBDIVISION N0.1 ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 65 AT PAGES 6639 AND 6640, RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee ,and Grantee heirs and assigns forever. And the said Grantor sdo hereby covenant to and with the said Grantee ,the Grantor s are the owner sin fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ;and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any)' for the current yeaz, which are not yet due and payable, and that Grantor s will warrant and defend the same from all lawful claims whatsoever. Dated: ~ya,3, ~ 1994 t $ARA L. EWING N EWING ~v-i'I~E2C~1GL PO~~ITE SGt18 ~2 ~ ~tree~ C; y h~, l O - boo ~c/ O Flip Nydrau~ts z~ o~ N W S~ ma ~~ ~~ Qo ~°m M O n; Z~ ^' o~ ~o SW `~ o m a g N N N ~ ~ H QO '~, ~ m 8 ~ N I I t ~~ ~~ ~T (NiITIAL POWT ~-- ~~-u J-U-B ENGINEERS, Inc. ENGINEERS •SURVEYORS•PLANNERS 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208/376-7330 FAX: 208/323-9336 March 22, 1995 Mr. Will Berg City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Berg: RE: FOTHERGILL POINTE SUBDIVISION NO. 2 (Ewing Property) Final Plat Approval RECEIVED Mai z 3 tsg~ CITY OF INEf~ID1AN Per the request of Rick Clinton, please find enclosed a revised original mylar of Sheet 1 for Fothergill Pointe Subdivision No. 2. At his request, we have modified Note 6, the plat date, and an adjoining subdivision name. Please return to J-U-B the current Sheet 1 that you now possess. Also, Rick has asked that we comment on the current status of the pressurized irrigation system for this development. As of this date, all of the piping distribution system has been installed and an air test performed. The delivery piping, screening vault, stub drain check structure, pumping wetwell and related piping have been installed. Electrical power has been installed to the pump station site. The pumping equipment is currently being manufactured locally and will be delivered to the jobsite when the electrical controls are received. The work remaining to complete the pressurized irrigation system is the placement and connection of the pumping equipment, the construction of the wooden enclosure, the installation of the perimeter fencing and final clean-up/landscape repairs. If you require additional information, please call. Sincerely, J-U-B E GINEERS, Inc. ~~~ ~7 ,~ Gary A. Lee, P.E./L.S. Project Manager GAL:Is Enclosure cc: John R. Ewing f: \projects\18780\admin\cityltrl. doc ~v-~'~IE2Ca~G(. po«[T~ Sus #2 ~ str~ee~ Gghtr ~ p - boo fit/ v ~~rr Nyd~au~ts hJ ~~ 0 QG\~P~ro Q ~~G\~~P~ 6y FGp~ 0 N 58'54 Z~ M O~ ~w 5~ oa ma ~~ N ~ N ¢O m ~~ O n° 3 Z Oi ` O_ ~ ,~~ I O N W 5 ~~ ~ m d ` ~ N N N tp H r,~ E~:,,. 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J 3 ~^ _ ` ... ~' C N 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 DeparUnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor December 12, 1996 John Ewing Ewing Company 1500 Eldorado Boise, ID 83705 375-1500 fax 376-1481 Re: Bond Requirements of Fothergill Pointe Subdivision #3 Dear Mr. Ewing 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 The following list of improvements are required to be completed and/or bonded before the plat will be signed. 3 street lights @ $1500.00 each pressurized irrigation -quote needed 520 ft. permanent fence along west boundary -quote needed Please submit the written quotes for the above noted items. You will be required to post a cash bond or a security bond of 110% of the cost of the uncompleted improvements. If you have any questions concerning this requirements, please contact me. Sincerely i~~~ William G. Berg, Jr. City Clerk ** TX CONFIRMATION REPORT ** AS OF DEC 17 '96 13 27 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 18 12/17 13 26 208 323 9336 OFFICIALS WILLIAM G. BERG, JR., Clry Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E., Clry Englnaer BRUCE D. STUART, water works Supt. JOHN T. 6HAWCROFT, Waste WBIer Supt. DENNIS J. SUMMERS, Parks Sup4 SHARI L. STILES, P & ZAtlministrelor PATTY A. WOLFKIEL, DMV Supsrvlsor KENNETH W. BOWERS, Flre Cnlel W.L. "BILL" GORDON, Po4cs Chlsf wAVNE G. CROOKSTON, JR., Anemey MODE MIN/SEC PGS CMD#t STATUS EC--S 01'06" 003 141 OK HUB OF TREASURE VgLLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO ME12IDL4N, IDAHO 83642 (208) 886.4433 • FAX (208) 867-4813 1'ublie. WorksBuilding Department C2D8) 887.2211 Moror VehiclrJDrivers License (206) 888-4443 ROBERT D. CORRIE Mayor December 12, 1996 John Ewing Ewing Company 1500 Eldorado Boise, ID 83705 375-1500 fax 376-1481 Re: Bond Requirements of Fothergill Pointe Subdivision #3 Dear Mr. Ewing COUNCIL MEMBERS WALT W. MORROW. PreSldenl RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chplnnen KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY The following list of improvements are required to be completed and/or bonded before the plat will be signed. 3 street lights @ $1500.00 each pressurized irrigation -quote needed 520 ft. permanent fence along west boundary -quote needed Please submit the written quotes for the above noted items. You will be required to post a cash bond or a security bond of 110% of the cost of the uncompleted improvements. If you have any questions concerning this requirements, please contact m®. Sincerely ~i~ William G. Berg, Jr. City Clerk DECEIVED interoffice NOV 2 9 X96 qTY OF MERIDIAN M E M O RA N D U M to: Will Berg, Jr. -City Clerlc cc: File from: Gary D. Smith, PE re: Fothergill Pointe Subd. 0.3 -Final Plat MyIar date: November 27, 1996 Dear Will: I have reviewed the final plat mylars for this development and find they are in compliance with our previous review comments. I have, therefore, affixed my seal and signature to sheet no.2 and am herewith transmitting them to you for your action. Concerning required financial guarantees for off-site improvements I find the following in my file: l . Street Lights: 3 lights required at $1500. each. 2. Pressurized Irrigation: I find a statement from the developers engineer that a pressurized irrigation line has been installed along the exterior boundary of this subdivision to provide irrigation water to these lots. NMID has agreed to operate and maintain the pressurized system. 3. Perimeter Fence: 520 feet of fence is required along the west boundary of the project. Please return the mylars to me for blueline prints before the applicant or engineer comes to pick up from the desk of_. the mylars. <Na+me> Thanks. Gary Public Works Director City of Meridian 33 E. Idaho Meridian, Idaho 83641 Zap-say-zZn fax:108-881-1191 or 208-881-4813 M ~.~ ~ North b J \ W g \a ~ ~ ~ ~• •b ~a ~ ~ /~ ~ j ~ E HAWK STREET; ~ 0 ~ ~ ~ 0 N w C Ys• '^ vI Y W {3 R 7 W 2 ~ ~~ • } Q '°' + b ~~ ~'` HW-1 a ~ E. M00~~ STREET '' ` ~ -- » MO' 1 .. I / MD 2 ~- •- CV ixr~ ~ I I I ~ ~ = Q ~ O D ~ Z ~ ~ Z ~ H MO-1 NOTES: Primary cable, is 1/0 of 12.5 kv in 2" conduit A-phase secondary cable is 3sc40 in 2" conduit secondary -----________ conduit Tax Previous Plot Map No. Code KV' ~ O~U Type Trenclh/Ft Fte Feder Feld Locotion: Mg~jdlQn . ~ Dist. Office: ~i Stern Lines Job Title: Fothergill Pointe Sub., #3 Job Desc: U,(,, t0 ?2 LOtS Wo NoReq. CGGOS 1 75.0 Voltage: Const. 12.5 k~' Op. 12,5 N;V Feeder-No. r~~~rv-o ~ 1 Estimated Bf' Date State Coun ~' Dist. No. eb 10-11-96 ~~ Ada 33 Completed Section Township Range Meridian Plat Mop 6 3 rv 1 E B. rvl. Fdr. Map Plaf "IGTap~Tp~ -(}Z=FTL~ -- -~--- j Entered Work Order No. 553-"6 NA R/W Funct. Location W. Order Permission Feeder Map (F-F1LE) Map ~- o o' "~' o~ 18507-11 2 45 317 563 T~ ~ _~~ l- (~ ~~' R rn W/1 7~ TI /'1 D T1 T.~ n i ~ . ,. (1 inn _ _ :F too WATT t~Ps S1,REET U6 NT C 3 ~