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Granite Creek Subdivision FPOFFICIALS 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 OUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN • COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 Planner & Zoning Administrator JIM JOHNSON Phone (208) 8884433 • FAX (208) 887-4813>b>�+��i� 7LE DChairman • Planning & Zoning Public Works/Building Department (208) 887-2211 RRE a V GRANT P. KINGSFORD AUG Mayor H IJw7 CITY OF NUIDIAN 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: 8/12/94 HEARING DATE: 9/6/94 REQUEST: Final Plat for Granite Creek Subdivision BY: Kevin Howell Construction LOCATION OF PROPERTY OR PROJECT: West of Locust Grove Road and South of Ustick Road 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 & 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: • HUBBLE ENGINEERING, INC. 9550 Bethel Court . Boise, Idaho 83709 July 19, 1994 Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Granite Creek Subdivision Dear Ms. Stiles, i 208/322-8992 ■ Fax 208/378-0329 RECEIVED AUG 0 8 1994 CITY Of MLiLiaiAN On behalf of Kevin Howell Construction, we hereby submit the final plat application for Granite Creek Subdivision. The final plat of Granite Creek Subdivision is in substantial accordance with the conditions of approval of the preliminary plat and the provisions of the City of Meridian Subdivision Ordinance. This single family residential subdivision is also in substantial conformance with the City of Meridian Comprehensive Plan, and conforms with all acceptable engineering and surveying practices and local standards. Existing sewer and water mains will be extended to serve this project. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be five (5) feet in width. Please confirm the hearing date on which this final plat will be heard by the Meridian City Council. Thank you for your time and consideration and do not hesitate to call if you have any questions. Sincerely, Tracey Persons Project Coordinator tp\finlplat.ltr ■ --. RECEIVED Aub 0 3 1994 CITY Of ilt'i Lc I L'i I A 1A 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 and Subdivision, Granite Creek Subdivision 2. General Location, Portion of Govt Lot 2 NE 1/4. Sect. 6. T.3N., RAE., B.M., 3. Owners of record, Charles E and Mary, Beth Wells Address, 1001 E. Ustick Road , Telephone Meridian, Idaho 83642 4. Applicant, Kevin Howell Construction, Mr. Kevin Howell Address, 6901 W Emerald Street Boise, Idaho 83704 5. Engineer, James C. Merkle Firm Hubble Engineering, Inc. Address, 9550 Bethel Ct.. Boise, ID 83709, Telephone X208)322-8992 6. Name and address to receive City billings: Name: Applicant Address: Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 5.81 2. Number of Lots: 21 3. Lots per Acre: 3.6 4. Density per Acre: 3.6 5. Zoning Classification(s): R-8 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning 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 N/A 10. Are there proposed dedications of common areas Yes Explain Common landscape lot For future parks No Explain NA 11. What school(s) service the area Meridian Do you propose any agreements for future school sites No Explain N/A 12. Other proposed amenities to the City -XWater Supply X Fire Department X . Other Sanitary Sewer Explain 13. Type of building (residential, commercial, industrial, or combination) Residential 14. Type of dwelling(s), single family, duplexes, multiplexes, other Single Family 15. Proposed development features: a. Minimum square footage of lot(s) 6.500 Sq Ft. b. Minimum square footage of structure(s) 1.350 Sq. Ft. C. Are garages provided for Yes square footage 400 sq. feet d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe Covenants will require landscaping for each building lot f. Trees will be provided for No Trees will be maintained NA g. Sprinkler systems are provided for Yes h. Are there multiple units No 'type Remarks N/A i. Are there special setback requirements No Explain N/A j. Has off street parking been provided for No Explain N/A k. Value range of property S80 000 - $115 000 1. Type of financing for development Standard In. Protective covenants were submitted Yes Date 7/21/94 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. Oformisubapp.mer Pv 8929'789 WARRANTY DEED For Value Received 11340-01191 Glenn L. Newell and Ethel W. Newell, husband and wife, the grantors, do hereby grant, bargain, sell, and convey unto charles E. Wells and Mary Beth Wells, husband and wife, the grantees, whose current address is 1001 East Ustick Road, Meridian, ID, 83642 the following described premises, to -wit: SEE E)MBIT ,A' ATIACHED HERETO AND MADE A PART M7MF. 670 Ads County, Idaho e G�� � naauast of FIRSLAMMQAN TITLE CO. TItJ.E 5 /o O erre 6 a7 A rwuty TO HAVE AND To HOLD the said premises, with their appurtenances unto the said Grantees, their heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantees, that they Ure the owners in fee simple of said premises: that said premises are free from all enctmbrarr.�--s except current years taxes, irrigation district assessment, public utility easements, subdivision restrictions and U.S. patent reservations and that they will warrant and defend the same from all claims whatsoever. Datec: June 26, 1989 Glenn L. Newell Ethel W. Newell STATE OF IDAHO ) ss i OOLIM OF ADA ) on This 27th day of June, in the year 1989, before me, a Notary Public in and for said State, personally appeared Glenn L. Newell and Ethel W. Newell, law= or identified to me to be the personname (s) whose nams) are subscribed ... to the �wtliin ..tistnanent, and acknowledged to me t they executed e '- `, ' .,anile. C. .. • : �� A R Notary Public of Idaho o ° C 2, Resi at Boise, Idaho 's > �'e '� U 8 �,°d ssimn , ires 7-25-93 —71 First Anzerican Title Company of ldaho Q 1134001192 FFA-73896 Your No. NEWELL/WELLS From the common corner of Sections 5 and 6, Township 3 North, Range 1 East, and Sections 3+1 and 32, Township 4 North, Range 1 East, Boise Meridian, a distance of 1,593 feet an a bearing of South 89°513.7' West to the PLACE OF ;BEGINNING; thence South a distance of 452 feet; thence North 139°513.7' East a distance of 105 feet; thence South a distance of 450 feet; thence South 130.52' best a distane2 of 200 feet; thence South 61108' West a distance of 152-Feet; thence North 0'00' a distance of 1,007.0 feet; thence North 89.°59.7' East a distance of 225.6 feet to the PLACE OF BEGINNING. EXCEPT ditch and road rights-o•f-way. i i CREEK F'SUBDIVISION g'�9 9c� • a y"• s w is s pill 1 q I Q •� i i I I • o • • 0 90,9b•8L5 .� 9C9t�- � y+S'o4_ ' 1 �� qq -� �!q • 9 q IRA cc� �a" �. � � 4 y� b 3 � ' i ' h!§ _ �+• eo `O`p9stia 9q � � '� f f i i IF\ 9 Iq E. $TO I DR. .[L'91 �+ �' • ,p. O �jj �� i• I vA rv,L.EO n SM" I A5 a �i W.24 ,N ,99.tC.99 n + m ZNTI go o I g I H rt V n i = A '99t M .91.06E N I O m I I 3 .C.,LC.e9 S NI 2 7C "1 u j C z • r a D > � .00'911 �•qq Zl 'y �0 a .n.Lce9 s � . s9ro9 � O 1s -qviauvw 3 .90,99 ^ A a I 1L�91' q tl-0 O D I © 617 p,90..9 S ,00'9Z Z Q p I Q .C9 L9 O r /1 �V •" y 5 ~ I ,69'311 - 17 .5v zl •1 �fi a Star." 9 s'i 4�� I I • � F� :I4 I yI a I,I m O OO > �S Sly IYI W m ?71 rm zZ 1�,� .19'[91 I I 1 I IQ? (.0 mN Z v' (Zrzr7 Zj M .0..9re0 n 88'bOl 1•cl `o9�LL iO ZZ � n .I.yGeG N = A C- O I IQz $ c: (q ��I O Z M N O gI3F .. L'9L1 I&I n �- IZ `y M.A.9ta9N I • _ s"Ll X° M ."'Mill N � f 8/0 R O _ � I51 CA 2 W � m I r- � Z i d9'9ll n H ,C C9 S K Y I 3,06 9e BBS '" II {66444 f I I+1 8 ,e i 99 ,9► 19 � O L9'9Zl ,9C'90l •t, �:• J; ,00'S6 N-6l,bL.00S 9L'/9Cl - — 31 •�] "Ns',1 - 9f'40l OV08 NOILSII •3 ' tf ZC C �� MO i� 9.9.99 �.01.9v. s N ONILIV39 .10 SISV9 .10 a d Meridian City Council September 6, 1994 Page 11 DATE. Is there anyone from the public that would like to have Ordinance #671 read in its entirety? Seeing none I would entertain a motion on the ordinance. Morrow: Mr. Mayor I would move that we table the ordinance until the development agreement has been executed. Yerrington: Second Kingsford: Moved by Walt, second by Max to table Ordinance #671 until a development agreement has been entered into, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: FINAL PLAT: GRANITE CREEK SUBDIVISION (FORMERLY ROCK CREEK), 21 LOTS BY KEVIN HOWELL CONSTRUCTION: Kingsford: Does the Council have any question on that subdivision? Morrow. Could we have a real brief presentation by the representative of the developer please? Kingsford: Is the developer or his engineer present? Merkle: Mr. Mayor, members of the Council, I am Jim Merkle with Hubble Engineering here on behalf of Kevin Howell the Applicant. This is a 20 lot final plat on about 5.7 acres or about 3.5 lots per acre. Located 3/8 a mile west of Locust Grove off of Ustick Road. This was approved as a preliminary plat and annexation I think a month or two ago. Our final plat is basically in conformance with the requirements of the preliminary plat as was approved by the Council a month or two ago. Gary Smith and Shari both had comments and I have written responses to them. There is nothing really out of the ordinary here other than the subdivision to the east of us, we will require access is not under development yet. So obviously we can't develop this until that one is developed. However we are trying to go through the process now, so we don't have to do it later. The Highway District won't sign the plat until that access is obtained and neither will the City. So that would be the only peculiar item on this particular plat right now. I will entertain any questions and will try to answer them for you. Tolsma: Wasn't there supposed to be an emergency access at the end of that culdesac (inaudible) in and out of that? Merkle: That is correct Mr. Mayor and Councilman Tolsma, there will be a deed restriction h • • Meridian City Council September 6, 1994 Page 12 on one of these 2 lots, I believe it is lot 2 for a secondary access coming in off of Ustick, until such time as this develops out to the west because there will only be one access. Gary had that in his comments and I responded to him whether he wanted it on the face of the plat or the covenants or a separate agreement we are willing to do whatever he wants to assure that. Kingsford: Other questions for Mr. Merkle? Morrow. I have a question of Gary, was it not these 2 subdivisions that we were having trouble with a hole that was full of irrigation water and breeding mosquitos? Was that involved in this particular subdivision? Smith: Mr. Mayor, Council members, Councilman Morrow, this same developer it is not the same subdivision. The subdivision in question is over on Locust Grove Road, Chamberlain Estates on the east side of Locust Grove. Morrow. Has that been solved by the way? Smith: No it has not. I sent a letter to the developer today requesting some action that I suggested some suggested action that previous conversations and phone calls and the work they have done out there is not resolved the problem. Kingsford: Other questions of either staff or Mr. Merkle? Is the Council prepared to take action? Corrie: I move we approve the final plat of Granite Creek Subdivision with the provision that the comments of the City Engineer and City Planner be completed before signing. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve the final plat of Granite Creek Subdivision conditioned upon the City Engineer and City Planner's comments being met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: FINAL PLAT: TURTLE CREEK SUBDIVISION NO. 1, 73 LOTS BY STEELE AND SON: Kingsford: Does the Council have questions or comments on that? U MERIDIAN CITY COUNCIL MEETING: Seutember 6.1994 APPLICANT: KEVIN HOWELL CONSTRUCTION AGENDA ITEM NUMBER: 12 REQUEST: FINAL PLAT: GRANITE CREEK SUBDNISION (FORMERL.Y ROCK CREEKI 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 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS 4 .0 Ij SEE ATTACHED COMMENTS l '•l SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS GRANT P. KINGSFORD Mayor MEMORANDUM September 1, 1994 To: From: Re: Mayor, City Council Bruce Freckleton, Assistant to City Engineer . GRANITE CREEK SUBDIVISION (Formerly Rock Creek Sub.) 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 June 7, 1994. This Final Plat is in general conformance with the approved Preliminary Plat. 2. Please submit Ada County Street Name Committee letter approving the Subdivision Name, Street Names, and Lot & Block Numbering. Make any revisions necessary to conform, 3. Please revise the plat notes as follows: (4.) ...resubdivision or as allowed by Conditional T e (6.) ...Landscape Lot be owned and mainta-ned by the homPnsl,.,are 14.111 11 9.) ...residential 1_,350 square feet. 4. A State of Idaho Licensed Professional Land Surveyor needs to stamp, sign, and date the face of the Final Plat map. Please 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. • • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JA GITH, RONALD R. TOLSMA GARY D. GARY D. SMITH, P.. City Engineer P.E.ity Engiurerneer CITY OF MERIDIAN ROBERT D. ROBERT D. CORRIE CORRN BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief MERIDIAN, IDAHO 83642 SHARI STILES Planner & Zoning Administrator WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887.4813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman - Planning & Zoning GRANT P. KINGSFORD Mayor MEMORANDUM September 1, 1994 To: From: Re: Mayor, City Council Bruce Freckleton, Assistant to City Engineer . GRANITE CREEK SUBDIVISION (Formerly Rock Creek Sub.) 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 June 7, 1994. This Final Plat is in general conformance with the approved Preliminary Plat. 2. Please submit Ada County Street Name Committee letter approving the Subdivision Name, Street Names, and Lot & Block Numbering. Make any revisions necessary to conform, 3. Please revise the plat notes as follows: (4.) ...resubdivision or as allowed by Conditional T e (6.) ...Landscape Lot be owned and mainta-ned by the homPnsl,.,are 14.111 11 9.) ...residential 1_,350 square feet. 4. A State of Idaho Licensed Professional Land Surveyor needs to stamp, sign, and date the face of the Final Plat map. Please 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. 6. Lots 1 & 2 Block 1 are to have an emergency access easement designation/restriction across them until such time as the property to the west is developed and E. Sharptail Street is extended. 7. The east side of the right-of-way of North Boulder Creek place needs to be dimensioned between curves C-18 and C-27. 8. Prior to Final Plat recording, the Book and page references for Finch Creek Subdivision need to be completed in the Certificate of Owners. 9. Please provide a 10 foot wide easement for water and sewer on Lot 3 Block 1, along the common line with Lot 4. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY O. 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 MEMORANDUM • HUB OF TREASURE VALLEY 0 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 8874813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TO: Mayor and Counc' FROM: Shari L. Stiles, PAM�n�g'& Zonin A g Administrator DATE: September 1, 1994 SUBJECT: Final Plat for Granite Creek Subdivision 1. Submit CC&R's for City approval. COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning 2. Change Note 9 to indicate a minimum house size of 1,350 square feet as required by the Findings of Fact and Conclusions of Law. 3. Development agreement is required prior to signing of final plat. 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 • NUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 8874813 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 S Zoning Administrator 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:_ 8/12/94 HEARING DATE: 9/6/94 REQUEST: Final Plat ft%r r_re2r%n6 . ... . M LOCATION OF PROPERTY OR PROJECT: West of Locust rove Road and South JIM JOHNSON, P/Z - MOE ALIDJANI, P[Z JIMSHEARER, 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 & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH n - 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 TION(PRELIM & FINAL PLAT) CITY FILES OTHER: _ YOUR CONCISE REMARKS: OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer - GARY 0. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS CITY OF MERIDIAN RONALD R.TOLSMA MAX YERRINGTON D ROBERT D. CORRIE 33 EAST IDAHO WALT W. MORROW SHARI STILES MERIDIAN, IDAHO 83642 Planner s Zoning Administrator Phone (208) 888-4433 • FAX (208) 887-4813RECEIVE-on � JIM JOHNSON RECE1Von- Planning& Zoning Public Works/Building B Department (208) 887-2211 GRANT P. KINGSFORD AUG 15 1994Mayor sg CIT'r� a 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:_ 8/12/94 HEARING DATE: 9/6/94 REQUEST: final Plat for Granite Creek Subdivision BY: Kevin Hnwau LOCATION OF PROPERTY OR PROJECT: West of Locust Grove Road and South _taw .. — JIM JOHNSON, P/Z MOE ALIDJANI,:P[Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, PR -_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 97-" OTHER:_ YOUR CONCISE REMARKS - A • • SUPERINTENDENT OF SCHOOLS Bob L. Haley �pR EXCEDEPUTYDan Mabe, Finance & Administration 0 DIRECTORS in Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE(208)888-6701 August 17, 1994 RECEIVED City of Meridian AUG 1 91994 33 East Idaho Meridian, Idaho 83642 CITY OF ML A-JiAN Re: Final Plat for Granite Creek Subdivision Dear Councilmen: I have reviewed the application for Granite Creek Subdivision and find that it includes approximately 21 homes at a median value of $100,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Meridian High School. The school district will transport elementary students from thii* subdivision to Ridgewood Elementary, due to overcrowding at Chief Joseph Elementary. Using the above information we can predict that these homes, when completed, will house 9 elementary aged children, 7 middle school aged children, and 6 senior high aged students. At the present time Chief Joseph Elementary is at 101% of capacity, Meridian Middle School is at 130% of capacity and Meridian High School is at 112% 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 available at a minimum price for a school site in this area. The site would need water and sewer services 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, L04.,L gnak n Mabe Deputy Superintendent DM: gr CENTRAL REVIEW SHEET •• DISTRICT �11"HEALTH Environmental Health Division r Return to: DEPARTMENT �ECEI� CC❑Boise AUG 2 4ron', ❑ Eagle Rezone ## ❑ Garden city Conditional Use # ��� KMeridian Preliminary incl Short Plat 7'�F- s����lj/f❑ Kuna ❑ ACz ❑ I. We have Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: El feet ❑ 4 feet 07. After written approval from appropriate entities are submitted, we can approve this proposal for: 4?1-central sewage ❑ community sewage system ❑ community water well ❑ interim sewage `central water ❑ individual sewage ❑ individual water ® 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ,central sewage ❑ community sewage system ❑ sewage d lines El community water g dry .l�eentral 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. c5 6:2�- �h�iT�9>✓-f�'!� /",� CDe�-1� ��✓�,%/9'77�v%.S /O�' Date:/ a�- /-f— Reviewed By: l� CDHD 10/91 rcb, rev. 11/93 ill CI CENTR,LDISTRICT • HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE, R 83704 • (208) 375-5211 • FAX: 327-85M 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 Valley, Elmore, Boise, and Ada Counties Ada / Boise County Of5ce 707 N. Amutrong PI. WIC Boise - Meridwn Elmore County Office Elmore County OfBee Valley Coruty 0flieg 2ctse. ID. .83704 1606 Roberts Boise. ID. 520 E 8th Sheet N. of Environment Hecdh P.O. Box 1448 Froom. Health: 327-7499 83705 Ph. 334.33Fb Mountain Home, D. 190 S. Ch Streer E MCCC9, ID. a miry Planning: 327-7400 324 Meridian. ID. 83647 Ph. 581.4401 Mountch Home, D. Ph. 634-7194 327.1450 83642 Ph. 888-6525 83647 Ph. 587-9—"5rr-MUn¢arons: Nutrnon: 327-7460 WIC. 327-7488 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: 8/12/64 HEARING DATE:_ 9/6/94 REQUEST: Final Plat fnr _., . . M LOCATION OF PROPERTY OR PROJECT: West of Locust Grove Road and South JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, PIZ MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, PfZ ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION RECEIVED TIM HEPPER, P2 CENTRAL DISTRICT HEALTH _GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT AUG 3 0 1994 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 INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: ampa M e r i d ian rriga rion POLICE DEPARTMENT District's Finch Latera'I courses a Ong the sou CITY ATTORNEY boundary of the project.' The rig t -o -way o t e inch CITY ENGINEER Lateral is 80 feet: 4 feet rom t e center eac way. CITY PLANNER See Idaho Code 42 -1208 --RIGHTS- F - SUB AD E POSSESSION. The develo er must contact John Anderson or Bi Henson at ECT -To 46 - or 345-2431 for approval before any encroachment or change ofright-o -way oc is Di trict requires that a Land Use Change/Site Development application filPrl fnr rp.r;ot. nr;nr to final nla j— cbe contact Donna Moore at 343 1884 or 466-7861 su fo laterals and waste wa s must be rotected. Municipal n site. Na If an surface drainage leaves the site, r viei drainage mians. It is recommended that irrigation water be made available to all developments within this Distrirr_ Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District • HUB OF TREASURE VALLEY • OFFICIALS WILLIAM. BERG, JR., City Clerk A Good Place to Live COUNCIL MEMBERS JANICE L. MASS, City Treasurer TTT RONALD R. TOLSMA D GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. 1 a 'SVT C1 1 Y OF MERIDIAN \ MAX YERRINGTON ROBERT D. CORRIE JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO WALT W. MORROW KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief MERIDIAN, IDAHO 83642 SHARI STILES Planner&2oningAdministrator WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888.4433 • FAX (208) 887-4813 Ir'^� (( _E (I JOHNSON Public Works/Building Department (208) 887-2211 L� �J �a 1 Planning & Zoning GRANT P.KINGSFORD 17 AUG 1994 Mayor NAMPA & MERIDIAN -'NC,` TION DISTRICT 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: 8/12/64 HEARING DATE:_ 9/6/94 REQUEST: Final Plat fnr _., . . M LOCATION OF PROPERTY OR PROJECT: West of Locust Grove Road and South JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, PIZ MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, PfZ ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION RECEIVED TIM HEPPER, P2 CENTRAL DISTRICT HEALTH _GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT AUG 3 0 1994 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 INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: ampa M e r i d ian rriga rion POLICE DEPARTMENT District's Finch Latera'I courses a Ong the sou CITY ATTORNEY boundary of the project.' The rig t -o -way o t e inch CITY ENGINEER Lateral is 80 feet: 4 feet rom t e center eac way. CITY PLANNER See Idaho Code 42 -1208 --RIGHTS- F - SUB AD E POSSESSION. The develo er must contact John Anderson or Bi Henson at ECT -To 46 - or 345-2431 for approval before any encroachment or change ofright-o -way oc is Di trict requires that a Land Use Change/Site Development application filPrl fnr rp.r;ot. nr;nr to final nla j— cbe contact Donna Moore at 343 1884 or 466-7861 su fo laterals and waste wa s must be rotected. Municipal n site. Na If an surface drainage leaves the site, r viei drainage mians. It is recommended that irrigation water be made available to all developments within this Distrirr_ Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District J 0 • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 25 August 1994 Phones: Area Code 208 OFFICE: Nampa 466-7861 James C. Merkle Boise 343-1884 Hubble Engineering, Inc. SHOP: Nampa 466-0663 9550 West Bethel Court Boise 345-2431 Boise, ID 83709 RE: Land Use Change Application for Granite Creek Subdivision Dear Mr. Merkle: 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 Kevin Howell Construction City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 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) 888-4433 • FAX (208) 887-4813 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 & Zoning Administrator JIM JOHNSON Chairman - Planning & 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:_ 8/12/94 HEARING DATE: 9/6/94 REQUEST: Final Plat for Granite Creek Subdivision BY: Kevin Howell Construction I LOCATION OF PROPERTY OR PROJECT: West of Locust Grove Road and South of Ustick Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 .. - MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, PfZ ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH -... -- ..—GRANT KINGSFORD,.MAYOR..__,> _ NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C CORRIE, C/C SETTLERS IRRIGATION DISTRICT —BOB —WALT MORROW, C/C --IDAHO POWER CO -(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C DEPARTMENT INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER SEWER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) BUILDING DEPARTMENT CITY FILES OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: _POLICE DEPARTMENT EIVED AUG 2 6 1591 CITY OF MERIDIAN f RECEIVED DECLARATION OF AU6 U 8 1994 COVENANTS, CONDITIONS AND RESTRICTIONS CITY OF MiRAwHSV FOR GRANITE CREEK SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR Granite Creek Subdivision is made effective as of the day of 11 1994, by Kevin Howell and Irene Howell, dba Kevin Howell Construction, (hereinafter "Grantor" or "Declarant"). ARTICLE I: RECITALS 1.1 Property Covered. The property subject to this Declaration of Covenants, Conditions and Restrictions for Granite Creek Subdivision (this "Declaration") is all of that property in the City of Meridian, County of Ada, State of Idaho, which is contained in Granite Creek Subdivision legally described on Exhibit A attached hereto. 1.2 Purpose of Declaration. Granite Creek Subdivision is a residential development, which Grantor currently intends to develop in accordance with existing development approvals obtained from Meridian, or any other development plan(s) for which Grantor may from time to time obtain approval. The purpose of this Declaration is to set forth the basic restrictions, covenants, limitations, easements, conditions and equitable servitudes (collectively, the "Restrictions") that will apply to the entire development and use of all portions of the Property. The Restrictions are designed to preserve the Property's value, desirability and attractiveness, and to guarantee adequate maintenance of the Common Area, and the Improvements located thereon. ARTICLE II: DECLARATION Grantor hereby declares that the Property, and each lot, parcel or portion thereof, is and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms, covenants, conditions, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants, conditions, easements and restrictions set forth herein: shall run with the land constituting the Property, and with each estate therein, and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any COVENANTS, CONDITIONS AND RESTRICTIONS - 1 d\realest\9ranite.ccr • E lot, parcel or portion thereof; shall inure to the benefit of every lot, parcel or portion of the Property and any interest therein; and shall inure to the benefit of and be binding upon Grantor, Grantor's successors in interest and each grantee or Owner and such grantee's or Owner's respective successors in interest, and may be enforced by Grantor, by any Owner or such Owner's successors in interest, or by the Association. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, including the Common Area or any public right-of-way, nor Grantor's right to post signs incidental to construction, sales or leasing. ARTICLE III: DEFINITIONS 3.1 "Articles" shall mean the Articles of Incorporation of the Association or other organizational or charter documents of the Association. 3.2 "Granite Creek Subdivision" shall mean the Property. 3.3 "Assessments" shall mean those payments required of Owners and Association Members. 3.4 "Association" shall mean Granite Creek Neighborhood Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. 3.5 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association. 3.6 "Building Lot" shall mean one or more lots as specified or shown on any Plat upon which Improvements may be constructed. The term "Building Lot" shall include single-family residential lots, but shall not include the Common Area. 3.7 "Bylaws" shall mean the Bylaws of the Association. 3.8 "Common Area" shall mean any or all parcels of Granite Creek Subdivision that are designated on the Plat as private streets or drives, common open space, and common landscaped areas, which Declarant shall deed to the Granite Creek Neighborhood Association. 3.9 "Declaration" shall mean this Declaration as it may be amended from time to time. COVENANTS, CONDITIONS AND RESTRICTIONS - 2 d\realest\granitexcr 3.10 "Grantor" shall mean Kevin Howell and Irene Howell, dba Kevin Howell Construction and any successor in interest, or any person or entity to whom the rights under this Declaration are expressly transferred by grantor or its successor. 3.11 "Improvement" shall mean 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, street lights, mail boxes, electrical lines, pipes, pumps, ditches, recreational facilities, and fixtures of any kind whatsoever. 3.12 "Limited Assessment" shall mean a charge against a particular Owner and such Owner's Building Lot, directly attributable to the Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the provisions of this Declaration, including interest thereon as provided in this Declaration. 3.13 "Member" shall mean each person or entity holding a membership in the Association. 3.14 "Owner" shall mean the person or other legal entity, including Grantor, holding fee simple interest of record to a Building Lot which is a part of the Property, and sellers under executory contracts of sale, but excluding those having such interest merely as security for the performance of an obligation. 3.15 "Person" shall mean any individual, partnership, corporation or other legal entity. 3.16 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded at the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereof. 3.17 "Property" shall mean those portions of the Property described herein including each lot, parcel and portion thereof and interest therein, including all water rights associated with or appurtenant to such property. 3.18 "Regular Assessment" shall mean the portion of the cost of maintaining, improving, repairing, managing and operating the Common Areas and all Improvements located thereon, and the other costs of the Association which is to be levied against the Property of and paid by each Owner to the Association, pursuant to the terms hereof or the terms of this Declaration. COVENANTS, CONDITIONS AND RESTRICTIONS - 3 d\realest\granite.ccr 3.19 "Special Assessment" shall mean the portion of the costs of the capital improvements or replacements, equipment purchases and replacements or shortages in Regular Assessments which are authorized and to be paid by each Owner to Association, pursuant to the provisions of this Declaration. ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS Generally. All structures are to be designed, constructed and used in such a manner as to promote compatibility between the types of use contemplated by this Declaration. 4.1 Prior Plan Approval: No building, fence, wall, structure or improvement or obstruction shall be placed or permitted to remain upon any part of said properties unless a written request for approval thereof containing the plans and specifications, including exterior color scheme, has been approved by the Board or a person designated by the Board to approve same. The approval of the Board shall not be unreasonably withheld if the plans and specifications comply with these CC&R's, government ordinances, and are in general in harmony with the existing structures located in this Subdivision. 4.2 Government Rules: In the event any part of these CC&R's are less restrictive than any governmental rules, regulations or ordinances, as existing or as amended, then the more restrictive governmental rule, regulation or ordinance shall apply. Nothing contained herein shall be construed to mean that a property owner can violate any governmental rule, regulation or ordinance. 4.3 Restrictions in General. 4.3.1 Use. Size and Height of Dwelling Structure. All Building Lots shall be used exclusively for single- family residential purposes. No Building Lot shall be improved except with a single-family dwelling unit or structure. The floor area of a one-story house in this Subdivision shall not be less than 1,350 square feet on the ground floor. Two-story and tri -level homes shall not have less than 1,530 square feet. For purposes of determining square footage, eaves, steps, open porches, car ports, garages, and patios shall be excluded. No structure shall be more than two stories. Split -entry homes shall not be permitted. No business or home occupation shall be conducted from said dwelling unit or structure. 4.3.2 Accessory Structures. There shall be no metal storage nor wood storage attachments to any dwelling unit except as approved by the Board. Storage COVENANTS, CONDITIONS AND RESTRICTIONS - 4 d\realest\granitexcr • Y • • 1 sheds attached to the residential structure, and patio covers, shall be constructed of, and roofed with, the same materials, and with similar colors and design, as the residential structure on the applicable Building Lot. Only one outbuilding per lot shall be allowed, and it shall be a) constructed of quality material; b) completed, finished and painted in the same general color as the main house; c) generally screened from public view; and d) approved by the board. 4.3.3 Setbacks. No building shall be located on any lot nearer than 20 feet from the front lot line and 15 feet from the rear lot line, nor nearer than 5 feet per story to any side lot line. 4.3.4 Garages. All residential dwellings shall have an attached enclosed garage which holds no less than two cars and no more than three and shall be constructed of the same materials and colors as the main building or as approved by the Board. 4.3.5 _Exterior Appearance. Each house in this Subdivision shall have brick, stone, or stucco on the front exposure. As a minimum, brick, stone or stucco shall be used on full -height columns on the sides of the garage or full wainscot on the front of the house. Bay windows, broken roof lines, gables, hip roofs, etc. are strongly encouraged. No vinyl siding shall be allowed for any exterior. 4.3.6 Roofs. Roofs must be of at least 4 in 12 pitch. No gravel roofs will be allowed. All roofing materials shall be Architectural Grade composition shingles. 4.3.7 Chimnevs. All chimney chases shall have metal painted chase enhancers. 4.3.8 Driveways. All Lots shall be provided with a paved driveway and a minimum of two paved off-street automobile parking spaces within the boundaries of each Lot. No driveway or parking area shall be dirt, rock, gravel or asphalt. 4.3.9 Colors. Exterior colors of earth tones or light blues or greys shall be encouraged for the body of the house. Bright, bold or very dark body colors shall be discouraged. Dark roof colors shall be encouraged. Approval of exterior colors must be obtained from the COVENANTS, CONDITIONS AND RESTRICTIONS - 5 d\realest\granite.ccr 0 • Board, and any changes to colors or exterior in the future must be approved by the Board. 4.3.10 Pole Lights. Each home shall have a photo- sensitive pole light installed in the front yard within five ( 5 ) feet of the sidewalk and five ( 5 ) feet of the driveway, with a minimum bulb power of 40 watts, designed to switch on automatically at sunset and off at sunrise. Installation is the specific responsibility of the Owner. 4.3.11 Landscaping. Landscaping of front yard shall be completed within thirty (30) days of substantial completion of home. Landscaping shall include sod in the front yard and two trees of at least 2" caliper. Berms and sculptured planting areas are encouraged. Grass shall be planted in the back yard within one year of occupancy. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Board. 4.3.12 Fences. Fences are not required. If a fence is desired, plans for it shall be approved by the Board prior to construction. Fences shall be of good quality and workmanship and shall be properly finished and maintained. Fences may be built of wood, such as a 6 - foot, dog-eared cedar. Chain link fences are not allowed except along ditches. Fences shall not be built closer to the front of the lot than even with the front corner of the house, nor within 20 feet of any street rights of way. 4.3.13 Construction Time. Once construction has begun, completion of each building shall be diligently pursued nd completed within 12 months. 4.3.14 Construction on Premises. No pre-existing dwelling or pre -fabricated dwelling shall be moved onto any lot. All dwellings in this Subdivision must be constructed on the lot. 4.3.15 Sewer Locations Hook-ups. All bathroom, sink and toilet facilities shall be located inside the dwelling, and connected by underground pipe to lot line sewer. All connection and sewer charges are the responsibility of the owner of each lot at the time of connection. 4.3.16 Antennae. No exterior radio antenna, television antenna, satellite dish antenna or other COVENANTS, CONDITIONS AND RESTRICTIONS - 6 d\realest\9ranitexcr antenna of any type shall be erected or maintained on the Property unless it is located or screened in a manner acceptable to the Board. 4.3.17 No Further Subdivision. No Building Lot may be further subdivided, nor may any easement or other interest therein less than the whole be conveyed by the Owner thereof without the prior written approval of the Board; provided, however, that nothing in this section shall be deemed to prevent an Owner from, or require the approval of the Board for, transferring or selling any Building Lot to more than one person to be held by them as tenants-in-common, joint tenants, tenants by the entirety or as community property. 4.3.18 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate anywhere upon the Property, including Common Area or vacant Building Lots, and no odor shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to the Property or to its occupants, or to any other property in the vicinity thereof or to its occupants. No noise or other nuisance, as described in Meridian City Ordinances, as amended from time to time, shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to the Property or to its occupants or to other property in the vicinity or to its occupants. No Owner shall permit any party or other activity in the Common Area or such Owner's dwelling unit which makes or causes to make noises which might tend to unreasonably interfere with the peace and quiet of the other Owners or occupants. No radio or other sound system shall be operated on the Property except at a low sound level. No offensive noise, language or behavior is allowed. The use of fireworks, firecrackers and any type of firearms on the Property is strictly prohibited and is subject to formal complaint to the Police Department. 4.3.19 Exterior Maintenance; Owner's Obligations. No Improvement shall be permitted to fall into disrepair, and each Improvement shall at all times be kept in good condition 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 damages property or facilities on or adjoining their Building Lot, the Board upon fifteen (15) days prior written notice to the COVENANTS, CONDITIONS AND RESTRICTIONS - 7 d\realest\granite.ccr 0 • Owner of such property, shall have the right to correct such condition, and to enter upon such Owner's Building Lot for the purpose of doing so, and such Owner shall promptly reimburse the Association, as the case may be, 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 in Article VIII of this Declaration. The Owner of the offending property shall be personally liable, and such Owner's property may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective acts, plus all costs incurred in collecting the amounts due. 4.3.20 No Hazardous Activities. No activities shall be conducted on the Property, and no Improvements constructed on any property which are or might be unsafe or hazardous to any person or property. 4.3.21 Unsicthtly Articles. No unsightly articles shall be permitted to remain on any Building Lot so as to be visible from any other portion of the Property. Without limiting the generality of the foregoing, refuse, garbage and trash shall be kept at all times in such containers and in areas approved by the Board of Directors. No clothing or fabrics shall be hung, dried or aired in such a way as to be visible to other property, and no equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, plant waste, metals, bulk material, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any Building Lot except within an enclosed structure or as appropriately screened from view. No vacant residential structures shall be used for the storage of building materials. 4.3.22 No Temporary Structures. No house trailer, mobile home, tent, shack or other temporary building, improvement or structure shall be placed upon any portion of the Property, except temporarily as may be required by construction activity undertaken on the Property. 4.3.23 No Unscreened Boats Campers and Other Vehicles. No boats, trailers, campers, all -terrain vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or unrepaired and unsightly vehicles or similar equipment shall be placed upon any portion of the Property (including, without limitation, streets, parking areas and driveways) unless the same are enclosed by a structure concealing them from view in a manner approved COVENANTS, CONDITIONS AND RESTRICTIONS - 8 d\realest\granite.ccr by the Board. To the extent possible, garage doors shall remain closed at all times. 4.3.24 Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be kept on the Property unless the presence of such creatures does not constitute a nuisance. Chronic dog barking shall be considered a nuisance. This paragraph does not apply to the keeping of up to two (2) domesticated dogs, up to two (2) domesticated cats, or other household pets which do not unreasonably bother or constitute a nuisance to others. All dogs must be leashed when outside a dwelling unit (or the lot's enclosed fences), shall not be kenneled outside of a dwelling unit, and shall not be allowed in the Common Area. The construction of dog runs or other pet enclosures shall be subject to Architectural committee approval, and shall be maintained in a sanitary condition and properly screened. 4.3.25 Signs. No sign of any kind shall be displayed to the public view without the approval of the Board of Directors except: (1) such signs as may be used by Grantor in connection with the development of the Property and sale of Building Lots; (2) such signs identifying the development, or informational signs, of customary and reasonable dimensions as prescribed by the Board of Directors may be displayed on or from the Common Area; (3) one (1) sign of customary and reasonable dimensions as prescribed by the Board of Directors as may be displayed by an Owner other than Grantor on or from a Building Lot advertising the residence for sale or lease; and (4) any sign required by the governing authorities. A customary "for sale" or "for lease" sign not more than three (3) feet by two (2) feet shall not require Architectural Committee approval. No sign naming the contractor, the architect, and/or the lending institution for a particular construction operation shall be displayed to the public view without the approval of the Grantor and the applicable Board of Directors. Without limiting the foregoing, no sign shall be placed in the Common Area without the written approval of the Board of Directors. 4.3.26 Maintenance of Irrigation Pipe of Ditch. Any ditch, irrigation system, or irrigation pipe which crosses any Owner's property shall be maintained by the Owner of that property, but such maintenance shall be limited to the pipe or ditch inside the Owner's property. COVENANTS, CONDITIONS AND RESTRICTIONS — 9 dVealest\grani texcr 0 4.3.27 South Slough: Each of the Owners of Lots 5, 6, 7 and 8 Block 2 in Granite Creek Subdivision on their respective Lot, shall maintain a fence blocking access to the South Slough (and/or the Finch Lateral and/or Onweiler Lateral) which abuts their properties and shall police and maintain their property adjacent to the Slough/Lateral in a clean, sightly and sanitary manner. Any fences shall be constructed so as to comply with that License Agreement with Nampa Meridian Irrigation District referred to in 4.7 below. 4.4 Additional Easements. In addition to the easements shown on the recorded plat, an easement is further reserved and each Lot shall be subject to an easement five (5) feet on each side of all other lot lines for installation and maintenance of utilities, irrigation and drainage. 4.5 Exemption of Grantor. Nothing contained herein shall limit the right of Grantor to subdivide or resubdivide any portion of the Property, to grant licenses, to reserve rights-of-way and easements with respect to Common Area to utility companies, public agencies or others, or to complete excavation, grading and construction of Improvements to and on any portion of the Property owned by Grantor, or to alter the foregoing and its construction plans and designs, or to construct such additional Improvements as Grantor deems advisable in the course of development of the Property so long as any Building Lot in the Property remains unsold. Such right shall include, but shall not be limited to, erecting, constructing and maintaining on the Property such structures and displays as may be reasonably necessary for the conduct of Grantor's business of completing the work and disposing of the same by sales lease or otherwise. Grantor shall have the right at any time prior to acquisition of title to a Building Lot by a purchaser from Grantor to grant, establish and/or reserve on that Building Lot additional licenses, reservations and rights-of-way to Grantor, to utility companies, or to others as may from time to time be reasonably necessary to the proper development and disposal of the Property. Grantor may use any structures owned by Grantor on the Property as model home complexes or real estate sales or leasing offices. The rights of Grantor hereunder may be assigned by Grantor to any successor in interest in connection with Grantor's interest in any portion of the Property, by an express written assignment recorded in the Office of the Ada County Recorder. 4.6 Water; Water Rights. Each party accepting and recording a deed to any property in this Subdivision or occupying any property in this Subdivision acknowledges and understands and agrees to the following: a) that such property is in an irrigation district, including but not limited to Nampa -Meridian Irrigation COVENANTS, CONDITIONS AND RESTRICTIONS - 10 d\realest\granite.ccr District; b) that the water in said district has not been transferred from this property; c) that each Owner of any Lot is subject to all assessments levied by any irrigation district; d) that each Lot Owner shall be responsible to pay any levies of the irrigation entity attributable to that Lot; e) that these assessments are a lien upon the Lot. Each owner or occupant of any Lot in Granite Creek Subdivision specifically releases and waives any and all claims of any kind against Declarant, its agents, employees, officers and Directors relating to water rights from irrigation entities in Granite Creek Subdivision. 4.6.1 Neighborhood Association: Irrigation Water: A pressurized water delivery system for Nampa Meridian Irrigation District water has been (or will be) constructed for each Lot in this subdivision. Each owner shall be responsible to maintain the pipes and related irrigation works on each Owner's lot. The Association shall be responsible for maintaining the pumping and delivery works or for causing the maintenance to be performed. The Association shall also pay for all costs of operation of the irrigation works. Each Owner shall be responsible for the pro -rata share (based on the total number of lots in the subdivision, excluding common area lots) of all maintenance and operation costs of the irrigation system as an assessment through the Association. This pressurized water delivery system may be built in conjunction with adjacent subdivision water systems. In the event that a multiple subdivision water system is utilized, the Association shall have the power to agree with other subdivisions on the allocation of costs and water rotation between the subdivisions. Irrigation Rotation: The Association shall make such lists of times each lot is entitled to use the irrigation water from the irrigation system as is necessary to create an equitable rotation of irrigation times between lot owners and to maximize the water and pressure of the system. The Association shall distribute this list to each lot owner. Each lot shall abide by such rotation times. Until such a rotation list is created each Lot Owner with an even numbered address shall irrigate only on even numbered days and Lot Owners with an odd numbered address shall irrigate only on odd numbered days. 4.7 License Agreement Nampa Meridian Irrigation District. Each Lot in this subdivision which abuts Finch Lateral/South Slough shall be subject to any license agreements and any restrictions contained therein with Nampa Meridian Irrigation District which are recorded whether before or after these Declarations are recorded. COVENANTS, CONDITIONS AND RESTRICTIONS - 11 d\realest\granite.ccr Each affected Lot shall be subject to the restrictions contained therein. 4.8 Laws; Ordinances. These CC&R's are subject to all rules, regulations, laws and ordinances of all applicable governmental bodies. In the event a governmental rule, regulation, law or ordinance is more restrictive than these CC&R's, then in such event these CC&R's shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. ARTICLE V: GRANITE CREEK NEIGHBORHOOD ASSOCIATION, INC. 5.1 Organization of Granite Creek Neighborhood Association Inc.. Granite Creek Neighborhood Association, Inc. (the "Association") shall be initially organized by Grantor as an Idaho non-profit corporation under the provisions of the Idaho Code relating to general non-profit corporations 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 be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 5.2 Membership. Each Owner, by virtue of being an Owner and for so long as such ownership is maintained, shall be a Member of the Association. The memberships in the Association shall not be transferred, pledged, assigned or alienated in any way except upon the transfer of Owner's title and then only to the transferee of such title. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 5.3 Voting. Voting in the Association shall be carried out by Members who shall cast the votes attributable to the Building Lots which they own, or attributable to the Building Lots owned by Grantor. The number of votes any Member may cast on any issue is determined by the number of Building Lots which the Member, including Grantor, owns. When more than one person holds an interest in any Building Lot, all such persons shall be Members but shall share the votes attributable to the Building Lot. For voting purposes, the Association shall have two (2) classes of Members as described below: 5.3.1 Class A Members. Owners other than Grantor shall be known as Class A Members. Each Class A Member shall be entitled to cast one (1) vote for each Building Lot owned by such Class A Member on the day of the vote. COVENANTS, CONDITIONS AND RESTRICTIONS - 12 d\realest\granite.ccr • • 5.3.2 Class B Members. The Grantor shall be known as the Class B Member, and shall be entitled to three ( 3 ) votes for each Building Lot of which Grantor is the Owner. The Class B Member shall cease to be a voting Member in the Association on the happening of either of the following events, whichever occurs earlier: (a) when eighty-five (85%) percent of the Building Lots have been sold to Owners other than Grantor; or (b) on December 31, 1999. Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that such Owner was acting with authority and consent of all joint Owners of the Building Lot(s) from which the vote derived. The right to vote may not be severed or separated from the ownership of the Building Lot to which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of such Building Lot to a new Owner shall operate automatically to transfer the appurtenant voting right to the Owner, subject to any assignment of the right to vote to a lessee, mortgagee, or beneficiary as provided herein. 5.4 Board of Directors and Officers. The affairs of the Association shall be conducted and managed by a Board of Directors ("Board") and such officers as the Board may elect or appoint, in accordance with the Articles and Bylaws, as the same may be amended from time to time. The Board of the Association shall be elected in accordance with the provisions set forth in the Association Bylaws. 5.5 Power and Duties of the Association. 5.5.1 Powers. The Association shall have all the powers of a corporation organized under the general corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, and this Declaration. The Association 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 Idaho law and under this Declaration, and the Articles COVENANTS, CONDITIONS AND RESTRICTIONS - 13 d\realest\granite.ccr and Bylaws, and to do and perform any and all acts which may be necessary to, proper for, or incidental to the proper management and operation of the Common Area and the Association's other assets, including water rights when and if received from Grantor, and affairs and the performance of the other responsibilities herein assigned, including without limitation: 5.5.1.1 Assessments. The power to levy Assessments on any Owner or any portion of the Property and to force payment of such Assessments, all in accordance with the provisions of this Declaration. 5.5.1.2 Right of Enforcement. The power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner who consents thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration or the Articles or the Bylaws. 5.5.1.3 Emergency Powers. The power, exercised by the Association or by any person authorized by it, to enter upon any property (but not inside any building constructed thereon) in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which the Association is responsible. Such entry shall be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Association. 5.5.1.4 Licenses Easements and Rights -of -Way. The power to grant and convey to any third party such licenses, easements and rights-of-way in, on or under the Common Area or any additional easement areas of any Lots as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Common Area, and for the preservation of the health, safety, convenience and the welfare of the Owners, for the purpose of COVENANTS, CONDITIONS AND RESTRICTIONS - 14 d\reatest\granite.ccr 0 constructing, erecting, operating or maintaining: 5.5.1.4.1 Underground lines, cables, wires, conduits or other devices for the transmission of electricity or electronic signals -for lighting, heating, power, telephone, television or other purposes, and the above ground lighting stanchions, meters, and other facilities associated with the provisions of lighting and services; and 5.5.1.4.2 Public sewers, storm drains, water drains and pipes, water supply systems, sprinkling systems, heating and gas lines or pipes, and any similar public or quasi -public improvements or facilities. 5.5.1.4.3 Mailboxes and sidewalk abutments around such mailboxes or any service facility, berm, fencing and landscaping abutting common areas, public and private streets or land conveyed for any public or quasi -public purpose. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty-one (21) years from the date of recording of these CC&R's. 5.5.2 Duties. In addition to duties necessary and proper to carry out the power delegated to the Association by this Declaration, and the Articles and Bylaws, without limiting the generality thereof, the Association or its agent, if any, shall have the authority to perform, without limitation, each of the following duties: 5.5.2.1 Operation and Maintenance of Common Area. Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the Common Area. 5.5.2.2 Maintenance of Berms Retaining Walls Fences Common Irrigation COVENANTS, CONDITIONS AND RESTRICTIONS - 15 d\realest\granite.ccr • System and Retention Pond/Drainage Basin. Maintain any and all berms, retaining walls, fences, common irrigation systems and retention ponds/drainage basins within and abutting the Common Area. 5.5.2.3 Taxes and Assessments. Pay all real and personal property taxes and Assessments separately levied against the Common Area or against the Association and/or any other property owned by the Association. Such taxes and Assessments may be contested or compromised by the Association, provided, however, that such taxes and Assessments are paid or a bond insuring payment is posted prior to the sale or disposition of any property to satisfy the payment of such taxes and Assessments. In addition, the Association shall pay all other federal, state or local taxes, including income or corporate taxes levied against the Association, in the event that the Association is denied the status of a tax exempt corporation. 5.5.2.4 Water and Other Utilities. Acquire, provide and/or pay for water, operations costs, landscaping replacements, maintenance and other necessary services for the Common Area and the pressurized irrigation system serving the Lots in the subdivision. The Association if it deems prudent may provide for payment of all irrigation assessments in one bill and then assess each member. If not, each Owner shall pay its own separately assessed bill from the irrigation district (but the common costs of operation and maintenance of the irrigation works shall be a separate assessment from the Association). 5.5.2.5 Insurance. Obtain insurance from reputable insurance companies authorized to do business in the State of Idaho, and maintain in effect any insurance Policy the Board deems necessary or advisable, including, without limitation the following policies of insurance: COVENANTS, CONDITIONS AND RESTRICTIONS - 16 d\realest\granite.ccr 5.5.2.5.1 Comprehensive public liability insurance insuring the Board, the Association, the Grantor and the individual grantees and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of the Common Area. 5.5.2.5.2 Full coverage directors' and officers' liability insurance. 5.5.2.5.3 Such other insurance, including motor vehicle insurance and 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 carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property. 5.5.2.5.4 The Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Association under such Policies, and shall have full power to receive such Owner's interests in such proceeds and to deal therewith. 5.5.2.5.5 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Association. 5.5.2.6 Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of the Declaration, or of the Articles or Bylaws, including, without limitation, the recordation of any claim of lien with the Ada County Recorder, as more fully provided herein. COVENANTS, CONDITIONS AND RESTRICTIONS - 17 d\realest\granite.ccr 5.6 Personal Liability. No Member of the Board, or member of any committee of the Association, or any officer of the Association, or the Grantor shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, or any other representative or employee of the Associationthe Grantor, or any committee , , or any officer of the Association, or the Grantor, provided that such person, upon the basis of such information as may be possessed by such person, has acted in good faith without willful or intentional misconduct. 5.7 Budgets and Financial Statements. Financial statements for the Association shall be prepared regularly and copies shall be distributed to each Member of the Association as follows: 5.7.1 Onerating Statement. A pro forma operating statement or budget, for each fiscal year shall be distributed not less than sixty (60) days before the beginning of each fiscal year. The operating statement shall include a schedule of Assessments received and receivable, identified by the Building Lot number and the name of the person or entity assigned. 5.7.2 Balance Sheet. Within thirty (30) days after the close of each fiscal year, the Association shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the Association's fiscal year and annual operating statements reflecting the income and expenditures of the Association for its last fiscal year. Copies of the balance sheet and operating statement shall be distributed to each Member within ninety (90) days after the end of each fiscal year. 5.8 Meet! nas of Association. Each year the Association shall hold at least one meeting of the Members, according to the schedule for such meetings established by the By provided, that such meeting shall occur no earlier than April 15 and no later than May 31 each year. Only Members shall be entitled to attend Association meetings, and all other persons may be excluded. Notice for all Association meetings, regular or special, shall be given by regular mail to all Members, and any person in possession of a Building Lot, not less than ten (10) days nor more than thirty (30) days before the meeting and shall set forth the place, date and hour of the meeting and the nature of the business to be conducted. All meetings shall be held within the Property or as close thereto as practical at a reasonable place selected by the Board. The presence at any meeting in person of the Class B Member where there is such a Member, and of the Class A Members COVENANTS, CONDITIONS AND RESTRICTIONS - 18 d\realest\granitexcr representing Owners holding at least thirty percent (30%) of the total votes of all Class A Members, shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present may adjourn the meeting to a time not less than ten (10) days nor more than thirty (30) days from the time the original meeting was scheduled. A second meeting may be called as the result of such an adjournment, provided notice is given as provided above. At any such meeting properly called, the presence of any Member shall constitute a quorum. ARTICLE VI: ARCHITECTURAL CONTROL No building, structure, fence, wall, hedge, landscaping, painting, ornament, obstruction, berm, driveway, or Improvement shall be placed on, under, over or across an unless a written request Y part of the Property lof the for a thereof containing he plansand specifications therefor, including exterior color scheme, if applicable, has been approved,g writing, by the Board of Directors of the Association. The initial Board of Directors and their addresses is as follows: Kevin Howell, 3451 E. 52nd Lane, Boise, ID 83703; Donald Minegar, 6933 E. Emerald, Boise, ID 83704; and Chuck Rosco, 6933 E. Emerald, Boise, ID 83704. In the event the Board fails to approve or disapprove request within thirty Pprove such re q y (30) days after such request has been submitted in writing, approval shall not be required as provided in this Article and this Article will be deemed to have been complied with. ARTICLE VII: RIGHTS TO COMMON AREAS 7.1 Use of Common Are use each parcel a. Every Owner shall have a right to of the Common Area, which shall be owned by the Association, subject to the following provisions: 7.1.1 The right of the Association holding or controlling the Common Area to levy and increase Assessments; 7.1.2 The right of the Association to suspend the voting rights and rights to use of, except for ingress and egress to such Owner's Building Lot, or interest in, Common Area by an Owner for any period during which any Assessment or charge against such Owner's Building Lot remains unpaid; and 7.1.3 The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be permitted by the Articles and Bylaws and agreed to by the Members. COVENANTS, CONDITIONS AND RESTRICTIONS - 19 d\realest\granite.ccr No dedication or transfer of said Common Area shall be effective unless an instrument agreeing to such dedication or transfer signed by Members representing two-thirds (2/3) of each class of Members has been recorded and the Grantee has agreed in writing to accept such transfer. 7.1.4 The right of the Association to prohibit the construction of structures or Improvements on the Common Area. 7.1.5 The right of the Association to publish reasonable rules and regulations governing the use of the Common Area. 7.2 Damages. Each Owner shall be fully liable for any damage to any Common Area which may be sustained by reason of the negligence or willful misconduct of the Owner, such Owner's resident tenant or contract purchaser, or such Owner's family and guests, both minor and adult. In the case of joint ownership of a Building Lot, the liability of such Owners shall be joint and several. The cost of correcting such damage shall be a Limited Assessment against the Building Lot and may be collected as provided herein for the collection of other Assessments. No Owner shall be liable for any amounts greater than is legally allowable under Idaho law. ARTICLE VIII: ASSESSMENTS 8.1 Covenant to Pay Assessments. By acceptance of a deed to any property in Granite Creek Subdivision, each Owner of such property hereby covenants and agrees to pay when due all Assessments or charges made by the Association, including all Regular, Special and Limited Assessments and charges made against such owner pursuant to the provisions of this Declaration or other applicable instrument. 8.1.1 Assessment Constitutes Lien. Such Assessments and charges together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a charge on the land and shall be a continuing lien upon the property against which each such Assessment or charge is made. 8.1.2 Assessment is Personal Obli ation. Each such Assessment, together with interest, costs and reasonably attorneys' fees, shall also be the personal obligation of the Owner of such property beginning with the time when the Assessment falls due. The personal obligation for delinquent Assessments shall not pass to COVENANTS, CONDITIONS AND RESTRICTIONS - 20 d\realest\granite.ccr 0 C� such Owner's successors in title unless expressly assumed by them but shall remain such Owner's personal obligation regardless of whether he remains an Owner. 8.2 Regular Assessments. All Owners, including Grantor, are obligated to pay Regular Assessments to the treasurer of the Association on a schedule of payments established by the Board. 8.2.1 Purpose of Regular Assessments. The proceeds from Regular Assessments are to be used to pay for all costs and expenses incurred by the Association, including legal and attorneys fees and other professional fees, for the conduct of its affairs, including without limitation the costs and expenses of construction, improvement, protection, maintenance, repair, management and operation of the Common Area, including all Improvements located on such areas owned and/or managed and maintained by the Association, and an amount allocated to an adequate reserve fund to be established by the Board and to be used for repairs, replacement, maintenance and improvement of those elements of the Common Area, or other property of the Association that must be replaced and maintained on a regular basis (collectively "Expenses"). 8.2.2 Computation of Regular Assessments. The Association shall compute the amount of its Expenses on an annual calendar basis. The Board shall compute the amount of Regular Assessments owed beginning the first day of September 1994 for the purposes of the Association's Regular Assessment ("Initiation Date"). Thereafter, the computation of Regular Assessments shall take place not less than thirty (30) nor more than sixty (60) days before the beginning of each calendar year of an Association. The computation of the Regular Assessment for the period from the Initiation Date until the beginning of the next calendar year shall be reduced by an amount which fairly reflects the fact that such period was less than one year. 8.2.3 Amounts Paid byOwners. The Board can require, in its discretion or as provided in the Articles or Bylaws, payment of Regular Assessments in monthly, quarterly, semi-annual or annual installments. The Regular Assessment to be paid by any particular Owner, including Grantor, for any given fiscal year shall be computed by multiplying the Association's total advance estimate of Expenses by the fraction produced by dividing the Building Lots attributable to the Owner by the total number of Building Lots in the Property. COVENANTS, CONDITIONS AND RESTRICTIONS - 21 d\realest\granite.ccr 8.3 Special Assessments. 8.3.1 rocedure. In the event that the Board shall determine that its respective Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses of the Association for any reason, including but not limited to costs of construction, reconstruction, unexpected repairs or replacement of capital improvements upon the Common Area, attorney's fees and/or litigation costs, other professional fees, or for any other reason, the Board thereof shall determine the approximate amount necessary to defray such Expenses and levy a Special Assessment against the portions of the Property within its jurisdiction which shall be computed in the same manner as Regular Assessments. No Special Assessment shall be levied which exceeds twenty-five percent (25%) of the budgeted gross Expenses of the Association for that fiscal year, without the vote or written assent of the Owners representing a majority of the votes of the Members of the Association. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. 8.3.2 Consistent Basis of Assessment. Every Special Assessment levied by and for the Association shall be levied and paid upon the same basis as that prescribed for the levying and payment of Regular Assessments for such Association. 8.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, a Board may levy a Limited Assessment against a Member as a remedy to reimburse the Association for costs incurred in bringing the Member and/or such Member's Building Lot into compliance with the provisions of the governing instruments for Granite Creek Subdivision. 8.5 Uniform Rate of Assessment. Unless otherwise specifically provided herein, Regular and Special Assessments shall be fixed at a uniform rate per Building Lot for all Members of the Association. 8.6 Assessment Period. Unless otherwise provided in the Articles or Bylaws, the Assessment period shall commence on January 1 of each year and terminate December 31 of the year in which the Initiation Date occurs. The first Assessment shall be pro -rated according to the number of months remaining in the fiscal year and shall be payable monthly installments as set by the Board. COVENANTS, CONDITIONS AND RESTRICTIONS - 22 d\realest\granite.ccr 8.7 Notice and Assessment Due Date. Ten (10) days prior written notice of Regular and Special Assessments shall be sent to the Owner of every Building Lot subject thereto, and to any person in possession of such Building Lot. The due dates for installment payment of Regular Assessments and Special Assessments shall be the first day of each month unless some other due date is established by the Board. Each monthly installment of the Regular Assessment or Special Assessment shall become delinquent if not paid within ten (10) days after the levy thereof. There shall accrue with each delinquent installment payment a late charge equal to five percent (5%) of the delinquent installment. In addition, each installment payment which is delinquent for more than twenty (20) days shall accrue interest at ten percent (10%) per annum calculated the date of delinquency to and including the date full payment is received by the Association. The Association may bring an action against the delinquent Owner and may foreclose the lien against such Owner's Building Lot as more fully provided herein. Each Owner is personally liable for Assessments, together with all interest, costs and attorneys' fees, and no Owner may exempt such Owner from such liability by a waiver of the use and enjoyment of the Common Area, or by lease or abandonment of such Owner's Building Lot. 8.8 Estoppel Certificate. The Association, upon at least twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request, a statement in writing stating whether or not, to the knowledge of the Association, a particular Building Lot Owner is in default under the provisions of this Declaration, and further stating the dates to which any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this paragraph 8.8 may be relied upon by any prospective purchaser or mortgagee of the Owner's Building Lot. Reliance on such Certificate may not extend to any default as to which the signor shall have had no actual knowledge. ARTICLE IX: ENFORCEMENT OF ASSESSMENTS; LIENS 9.1 Right to Enforce. The Association has the right tc collect and enforce its Assessments pursuant to the provisions hereof. Each Owner of a Building Lot, upon becoming an Owner of such Building Lot, shall be deemed to covenant and agree to pay each and every Assessment provided for in this Declaration and agrees to the enforcement of all Assessments in the manner herein specified. In the event an attorney or attorneys are employed for the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, each Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy obtained against such Owner. The Board or its authorized representative may enforce the obligations of the Owners to pay such Assessments by commencement and maintenance of a suit at law or in equity, or the COVENANTS, CONDITIONS AND RESTRICTIONS - 23 d\realest\granite.ccr • • Board may exercise the power of foreclosure and sale pursuant to paragraph 9.3 to enforce the liens created hereby. A suit to recover a money judgment for an unpaid Assessment shall be maintainable without foreclosing or waiving the lien hereinafter provided. 9.2 Assessment Liens. 9.2.1 Creation. There is hereby created a claim of lien with power of sale on each and every Building Lot to secure payment of any and all Assessments levied against such Building Lot pursuant to this Declaration together with interest thereon at the maximum rate permitted by law and all costs of collection which may be paid or incurred by the Association making the Assessment in connection therewith, including reasonable attorneys, fees. All sums assessed in accordance with the provisions of this Declaration shall constitute a lien on such respective Building Lots upon recordation of a claim of lien with the Ada County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to the recordation of the notice of delinquency and claim of lien except for tax liens for real property taxes on any Building Lot and Assessments on any Building Lot in favor of any municipal or other governmental assessing body which, by law, would be superior thereto. 9.2.2 Claim of Lien. Upon default of any Owner in the payment of any Regular, Special or Limited Assessment issued hereunder, the Association may cause to be recorded in the office of the Ada County Recorder a claim of lien. The claim of lien shall state the amount of such delinquent sums and other authorized charges (including the cost of recording such notice), a sufficient description of the Building Lot(s) against which the same have been assessed, and the name of the record Owner thereof. Each delinquency shall constitute a separate basis for a notice and claim of lien, but any number of defaults may be included within a single notice and claim of lien. Upon payment to the Association of such delinquent sums and charges in connection therewith or other satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction of relief of such delinquent sums and charges. The Association may demand and receive the cost of preparing and recording such release before recording the same. COVENANTS, CONDITIONS AND RESTRICTIONS - 24 d\realest\granitexcr 9.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action in court or by sale by the Association establishing the Assessment, its attorney or other person authorized to make the sale. Such sale shall be conducted in accordance with the provisions of the Idaho Code applicable to the exercise of powers of sale permitted by law. The Board is hereby authorized to appoint its attorney, any officer or director of the Association, or any title company authorized to do business in Idaho as trustee for the purpose of conducting such power of sale or foreclosure. 9.4 Required Notice. Notwithstanding anything contained in this Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of the notice of delinquency and claim of lien, whether judicially, by power of sale or otherwise, until the expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United States mail, certified or registered, postage prepaid, to the Owner of the Building Lot(s) described in such notice of delinquency and claim of lien, and to the person in possession of such Building Lot(s), and a copy thereof is recorded by the Association in the Office of the Ada County Recorder. 9.5 Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein in connection with a given Building Lot shall not be subordinate to the lien of any deed of trust or mortgage except the lien of a first deed of trust or first mortgage given and made in good faith and for value that is of record as an encumbrance against such Building Lot prior to the recordation of a claim of lien for the Assessments. Except as expressly provided in paragraph 9.6 with respect to a first mortgagee who acquires title to a Building Lot, the sale or transfer of any Building Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Declaration. 9.6 Rights of Mortgagees. Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Declaration as amended. COVENANTS, CONDITIONS AND RESTRICTIONS - 25 d\realest\granite.ccr ARTICLE X: EASEMENTS • 10.1 Easements of Access. Grantor expressly reserves for the benefit of all the Property reciprocal easements of access, ingress and egress for all Owners to and from their respective Building Lots for installation and repair of utility services, for drainage of water over, across and upon adjacent Building Lots, and Common Area, resulting from the normal use of adjoining Building Lots or Common Area, and for necessary maintenance and repair of any Improvement including fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments, trees and landscaping. Such easements may be used by Grantor, and by all Owners, their guests, tenants and invitees, residing on or temporarily visiting the Property, for pedestrian walkways, vehicular access and such other purposes reasonably necessary for the use and enjoyment of a Building Lot or Common Area. 10.2 Drainage and Utility Easements. Notwithstanding anything expressly or impliedly contained herein to the contrary, this Declaration shall be subject to all easements heretofore or hereafter granted by Grantor for the installation and maintenance Of utilities and drainage facilities that are required for the development of the Property. In addition, Grantor hereby reserves for the benefit of the Association the right to grant additional easements and rights-of-way over the Property, as appropriate, to utility companies and public agencies as necessary or expedient for the proper development of the Property until close of escrow for the sale of the last Building Lot in the Property to a purchaser. 10.2.1 Improvement of Drainage and Utility Easement Areas. The Owners of Building Lots are hereby restricted and enjoined from constructing any Improvements upon any drainage or utility easement areas as shown on the Plat of Granite Creek Subdivision or otherwise designated in any recorded document which would interfere with or prevent the easement from being used for such purpose; provided, however that the Owner of such Building Lots and the Grantor, Association or designated entity with regard to the landscaping easement described in this Article X, shall be entitled to install and maintain landscaping on such easement areas, and also shall be entitled to build and maintain fencing on such easement areas subject to approval by the Board, so long as the same would not interfere with or prevent the easement areas from being used for their intended purposes; provided, that any damage sustained to Improvements on the easement areas as a result of legitimate use of the easement area shall be the sole and exclusive obligation of the Owner of the Building Lot whose Improvements were so damaged. COVENANTS, CONDITIONS AND RESTRICTIONS - 26 d\realest\9ranite.ccr ARTICLE XI: MISCELLANEOUS 11.1 Term. The easements created hereunder shall be perpetual, subject only to extinguishment by the holders of such easements as provided by law. The covenants, conditions, restrictions and equitable servitudes of this Declaration shall run until December 31, 2023, unless amended as herein provided. After December 31, 20231 such covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished by a written instrument executed by Members holding at least three-fourths (3/4) of the voting power of the Association and such written instrument is recorded with the Ada County Recorder. Further provided that the Association shall not be dissolved without the prior written approval of the City of Meridian and Ada County Highway District, such consent not to be unreasonably withheld provided that a responsible successor organization shall agree to perform those maintenance responsibilities arising from applicable city and county governmental requirements. 11.2 Amendment. 11.2.1 By Grantor. Except as provided in paragraph 11.2.3 below, until the recordation of the first deed to a Building Lot in the Property, the provisions of this Declaration may be amended, modified, clarified, supplemented, added to (collectively, "amendment") or terminated by Grantor by recordation of a written instrument setting forth such amendment or termination. 11.2.2 By Owners. Except where a greater percentage is required by express provision in this Declaration, any amendment to the provisions of this Declaration, other than this Article XI, shall be by an instrument in writing signed and acknowledged by the president and secretary of the Association certifying and attesting that such amendment has been approved by the vote or written consent of Owners representing more than sixty-seven percent (67%) of the votes in the Association, and such amendment shall be effective upon its recordation with the Ada County Recorder. Any amendment to this Article XI shall require the vote or written consent of Members holding ninety-five percent (95%) of the voting power of the Association. 11.2.3 Effect of Amendment. Any amendment of this Declaration approved in the manner specified above shall be binding on and effective as to all Owners and their respective properties notwithstanding that such COVENANTS, CONDITIONS AND RESTRICTIONS - 27 d\realest\granite.ccr IV • Owners may not have voted for or consented to such amendment. Such amendments may add to and increase the covenants, conditions, restrictions and easements applicable to the Property but shall not prohibit or unreasonably interfere with the allowed uses of such Owner's property which existed prior to the said amendment. 11.3 Mortgage Protection. Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after foreclosure of any such first deed of trust such Building Lot shall remain subject to this Declaration, as amended. 11.4 Notices. Any notices permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has been deposited in the United States mail, Postage prepaid, addressed to any person at the address given by such person to the Association for the purpose of service of such notice, or to the residence address in the subdivision of such person if no address has been given to the Association. Such address may be changed from time to time by notice in writing to the Association. 11.5 Enforcement and Non -Waiver. 11.5.1 Right of Enforcement. The Declarant, the Board, the Neighborhood Association or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provision of this Declaration. Failure by any entity to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Nothing contained herein shall be construed as an obligation of the Declarant, Board, or Granite Creek Neighborhood Association to enforce any of these CC&R's. Neither Declarant, Board nor Granite Creek Neighborhood Association shall have any liability of any kind to any person or Lot Owner for failing to enforce any of these CC&R's. 11.6 Successors and Assigns. All references herein to Grantor, Owners, the Association or person shall be construed to COVENANTS, CONDITIONS AND RESTRICTIONS - 28 d\realest\granite.ccr • 0 include all successors, assigns, partners and authorized agents of such Grantor, Owners, Association or person. ARTICLE XII: SPECIAL EMERGENCY ACCESS EASEMENT 12. Special Emeraency Access Easement. Until such time as East Sharptail Street (shown on the plat) provides direct or indirect access to a public street, there shall be a fifteen foot wide emergency access easement over and across the eastern fifteen (15) feet of Lot 2 Block 1 and Lot 1 Block 1 (Common Area Lot) of Granite Creek Subdivision for the access of emergency vehicles to and from East Ustick Road and North Boulder Creek Place. During the term of this easement there shall be no landscaping, buildings, fences or obstructions of any kind in this easement area. IN WITNESS WHEREOF, the Grantors hereto have set their hands this day of 11 1994. Kevin Howell Irene Howell dba KEVIN HOWELL CONSTRUCTION STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) On this day of May, 1994, before me, the undersigned a Notary Public in and for said State, personally appeared Kevin Howell and Irene Howell, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed MY official seal the day and year in this certificate first above written. Notary Public for Idaho Residing in Boise, Idaho My Commission Expires: COVENANTS, CONDITIONS AND RESTRICTIONS - 29 d\realest\granitexcr • 0 `� HUBBLE ENGINEERING, INC. 9\r 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 Fax 208/378-0329 yo �eQ� \SURVE July 19, 1994 Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Granite Creek Subdivision Dear Ms. Stiles, RECEIVED AUG 0 g 1994 CITY Of t L— RiDiAN On behalf of Kevin Howell Construction, we hereby submit the final plat application for Granite Creek Subdivision. The final plat of Granite Creek Subdivision is in substantial accordance with the conditions of approval of the preliminary plat and the provisions of the City of Meridian Subdivision Ordinance. This single family residential subdivision is also in substantial conformance with the City of Meridian Comprehensive Plan, and conforms with all acceptable engineering and surveying practices and local standards. Existing sewer and water mains will be extended to serve this project. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be five (5) feet in width. Please confirm the hearing date on which this sinal plat will be heard by the Meridian City Council. Thank you for your time and consideration and do not hesitate to call if you have any questions. Sincerely, Tracey Persons Project Coordinator tp\finlplat.ltr AOL RECEIVED Aub 0 g 1994 CITY OF hli;I iijlNiV �o I rn oo ARPTAII OD f� N to j -n as .�w 1S -3 M N .�i j