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Westdale Park Sub No. 2 FP AUG 3 1 1995 - f 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 9 August 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nompa 466-0663 Max Boesiger Boise 345-2431 Max A. Boesiger, Inc. 6479 Glenwood, Suite A Boise, Idaho 83703 Re: Urban Irrigation System in Westdale Park Subdivision Dear Max: We recently held an on-site inspection to review the pressure irrigation system in Westdale Park Subdivision. There are several problems that I believe need to be resolved before the Nampa & Meridian Irrigation District can accept the operation and maintenance of this urban irrigation system. The most important item is that Nampa & Meridian Irrigation District does require a recorded easement to the pump house. This easement will have to be large enough that we can course along it with vehicles on a daily basis to perform the required operation and maintenance. I believe that this easement would have to be obtained in a joint agreement with Settlers Irrigation District (as it is their right-of-way that you are requesting that we course along) and with the adjacent land owner to the south. The intended water source for this subdivision is out of Nampa & Meridian Irrigation District's Cloverdale Lateral. The return flow in the past entered into a Settlers Irrigation District facility. Because of the way the pressure system was installed, it now appears that the water will be drawn directly out of a Settlers Irrigation Lateral. This is not acceptable to Nampa & Meridian Irrigation District. APPROXIMATE IRRIGABLE ACRES ~2a~syea & ~iicua~ ~Imrigat~a~ ?~taauet RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 DEVELOPMENT AGREEMENT ~ ~' ~ ,~ DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this ~ ~% day of /I~GG'~~n ,~~~- , 1994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and Max A. Boesiger~Inc., party of the second part, hereinafter called the "DEVELOPER", whose address is 2447 S. Vista Avenue, Boise Idaho 83705 WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of ~ and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, Rev. 10/18/94 WESTDALE PARK SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 1 WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, inconsideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1,500 square feet of floor space, exclusive of garages. 3. That the property zoned R-$, described in "Exhibit A", shall have lot sizes of at least six thousand five hundred (6,500) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the RR=B zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, Rev. 10/18/94 WESTDALE PARK SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 2 electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, sidewalks, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. Rev. 10/18/94 WESTDALE PARK SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 3 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the fording set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be fmal, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (S %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In Rev. 10/ 18/94 WESTDALE PARK SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 4 ~ ~ the event of DEVELOPER'S failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of fmancing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the fmancing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of OccuDanCX shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 16. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. Rev. 10! 18/94 WESTDALE PARK SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 5 .+~ /'~ 17. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Max A. Boesiger, Inc. City of Meridian Max A. Boesiger 33 East Idaho 2447 S. Vista Avenue Meridian, ID 83642 Boise, ID 83705 18. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 19. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 20. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 21. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. ~; . ~ _: f'c~~l~ c~7-7 _ ~ _ ., ~ ~_ _~..,_ .. - .. ~ V ) _ _ _ __ ~ L^~~/ Rev. 10/ 18/94 WESTDALE PARK SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. DEVELOPER: Max A. Boesiger, Inc. By: Name: M A Bo i r Jr. ~' Title: President Name: Richard Boesiger Title: Vice President CITY OF MERIDIAN .~;~ t ~. ~, ~ r~` ~ _~ ~ ~ ~ ~;~ Grant P. Kingsford, Mayor William G. Berg, Jr. , Ci Cler Rev. 10/ 18/94 WESTDALE PARK SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) County of Ada ss. On this day of "~;i ~ ~;'~.9~~~,{;~{,:'~, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Max A. Boesiger, Jr., and Richard Boesiger, known, or proved to me, to be the President and Vice President of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ® ~ p 1 4d ~~ ®O Y'~ A r~1C fUp ` y :~ ® a®® r ®~ ti (SEAL ,~; j ~ ~~.~ ®®® ~~9©®® ®~~~~ .,~~ s°n Qf" =A STATE OF IDAHO ) ss. County of Ada j I! •~ ~-Ji~~~~~~ ~i Notary Public ~ r I~ Idaho Residing at: 1, ~ C ti _~ ~~~~ , ~:~.(~ ~i_ Lt My Commission Expires: ~`~ - 3t ~~ ~ ~'`~"r' On this ~ day of o o er , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. e~°~^~ ~a:s~easeai~,,e a A ,~ _ , 0\ y `.O (SEAL) ; `' ;~ '' ~. `,.l r ~ • `.~ it w 7 f1 ;) fn -~ . r, -~ ®e ',fff it if ,'fj1~L My y[blic for Idaho mission Expires: B' - ~ - 9 R Rev. 10/ 18/94 WESTDALE PARK SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 8 /'~ '`'_ ~`~ RUBBLE ENGINEERING, INC. 9 ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 RVE Project No. 92-100 EXHIBIT "A" WESTDALE PARK SUBDIVISION NO. 2 3/1/94 A portion of the SW 1/4 of the NE 1/4 of Section 9, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter earner common to Section 9 and 10, T.3N., R.lE., B.M.; thence North 89°21'21" West, 2684.55 feet to a brass cap marking the center of said Section 9 and the REAL POINT OF BEGINNING (Initial Point). thence North 00°47'11" East, 394.69 feet along the North-South mid-section line to a point; thence South 89°21'22" East, 1340.35 feet to a point on the East boundary of the SW 1/4 of the NE 1/4; thence South 00°30'24" Nest, 394.70 feet to the C-E 1/1.6 corner; thence North 89°21'"? 1" West, 1342.28 to the Point of Beginning. Containing 12.15 acres, more or less. Prepared By: RUBBLE ENGINEERING, INC. D. Terry Peugh, L.S. is\453.des n EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND MAX A. BOESIGER, INC. This subdivision is for ~8 single-family dwelling units with an overall density of ~,1 dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 3. Construct curbs, gutters, sidewalks and streets to and within the property. 4. Dedicate the necessary land for the future extension of East Pine Avenue, including any necessary bike lanes. 5. Pay any development fee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Construct atwenty-foot (20') landscaped strip along the future East Pine Avenue extension to be maintained by the Homeowners Association; Developer shall bond or provide a surety to the homeowner's association for construction of these improvements at such a time as East Pine Avenue is improved. 8. Construct and install pressurized irrigation to all lots within this subdivision, with evidence of approvals from appropriate irrigation district/canal company and downstream water users submitted to the City. 9. Provide perimeter fencing along the west, north and southerly property boundaries prior to obtaining building permits. 10. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C. EXHIBIT "B" Rev. 10/18/94 WESTDALE PARK SUBDIVISION NO. 2 DEVELOPMENT AGREEMENT Page 1 of 1 f ks ~ F +~ 9 ... :} U n ~. / _/ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 1995 Richard Tomlinson Hubble Engineering, Inc. 9550 West Bethel Court Boise, ID 83709 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Westdale Park No. 2 - Pressure Irrigation System Dear Rich: We have reviewed the pressure irrigation system for the above- mentioned project and the system appears to be adequate in conforming with the Nampa & Meridian Irrigation District standards for pressure irrigation. One thing that I would like to recommend is that .upon completion, pressure tests should be conducted to demonstrate the capability to perform according to this design. If it is the intention of the developer for the Nampa & Meridian Irrigation District to own, operate and maintain this system, we do have License Agreements and contracts which have to be fulfilled prior to construction so that the District can do on-site reviews as the system is being installed. If this is the case, please contact Mr. Daren Coon, Secretary/Treasurer for Nampa & Meridian Irrigation District, at 343-1884 and he will get this process started. If you feel further discussion is required concerning this matter, please feel free to contact me. S incer~L~%,-~~ John P. Anderson, Water Superintendent JPA/dnm cc: File Each Director Secretary/Treasurer Bill Henson Allen Damberger John Sharp Steve Mahaffy /City of Meridian APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BCNSE PROJECT RIGHTS - 40,000 l~C~~~i'~'~:. FED - ~ ~~'°~~' ~.~ CITY ~3F ~~,~~~.~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 7 February 1995 OFFICE: Nampa 466-7861 Max Boesiger Boise 343-1884 Max A. Boesiger, IriC. SHOP: Nampa 466-0663 2447 S. V1Sta Avenue Boise 345-2431 Boise, ID .83705 RE: Westdale Park #2 Subdivision - Pressure Urban Irrigation System Dear Mr. Boesiger: In a letter dated 26 January 1995 to your engineering representative, Richard Thomlison, from the District's Water Superintendent, John Anderson, a comment was made concerning construction plans for a pressure urban irrigation system. The intent of this letter is to provide you with additional information should you wish the Irrigation District to own, operate and maintain the pressure urban irrigation system that is being designed by your engineer, Richard Thomlison. Enclosed is a sample copy of the typical owner/developer construction contract for a pressure urban irrigation system that is scheduled for transfer of ownership, operation and maintenance to the Irrigation District. It is very important that this contract be completed as soon as possible so as to avoid any delays or unrecoverable expenditures on the part of the Irrigation District or the developer in the proposed pressure urban irrigation system. At your earliest convenience, I would like to discuss this matter with you and you may call on me at the Office telephone number listed above, or, perhaps you or your legal counsel may wish to contact the District's legal counsel, Steven Mahaffy, at 342-4591, for discussions concerning this topic. Page 1_of 2 ~~ ,._ , ~___ _..,; , ;,t l- f~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~ ~ 7 February 1995 Max Boesiger - Westdale Park #2 Page 2 of 2 If you or your engineer have not yet received the detailed specifications for a pressure urban irrigation system as required by Nampa & Meridian Irrigation District, please feel free to contact me and request a copy. Sincerely, Daren R. Coon, Secretary/Treasurer DRC/dnm cc: File Each Director Water Superintendent Attorney - Mahaffy ubble Engineering, Inc. - Richard Thomlison ~ity of Meridian Ada County Development Services enc. ~,'~. C~t1 Y t~,~ ~>~T~I~- ~~~~~~a 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 6 January 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Richard Thomlison Boise 345-2431 Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 Re: Westdale Park No. 2 - Pressurized Irrigation System Dear Richard: The Construction plans for the above mentioned project have been received and reviewed. Calculations were not submitted to show what the pressures in the extreme ends of the system will be under peak conditions. The calculations need to be submitted with the plans so a complete review can be performed. The plans show that two 5 horse power pumps will operate the system. I would like to see a smaller booster pump added to the system to meet the lower demands and hold the costs of the operation down. Along with that, I would like to see a pressure tank added to the pumping system to work in conjunction with the smaller pump. The calculations for the sizing of the pumps say that the system is looped. However, the plans do not show a looped system. It may not be necessary, but the system would operate much more efficiently if it was looped. When the calculations are ready and the above mentioned items have been addressed, the plans and calculations will have to be resubmitted for further review. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 --. 26 January 1995 Richard Thomlison Page 2 In order for Nampa & Meridian Irrigation District to take over the operation and maintenance of this facility, you will need to contact the District's Secretary/Treasurer, Daren Coon, and get the necessary agreements started. Mr. Coon may be reached at 343-1884. If you feel discussion is required regarding this matter, please feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Bill Henson Alen Damberger ity of Meridian Rider 3 File ~ ^ RECEIVED ~~~ H~ ENC'tt~EER`N~i ~~ • w. ~a.~ c«~c . eoia, wN,o - ~ 41~aic @~ '~ ~ . CITY OF MERIDIAN. TR~~TIkL. LE'1'T~R ~~ r ARE SQ~tQfNQ Yt'~U; ` l1s ~~equsst8d ~ ~d ,_ lMc~r ` Wa FOR YOUR: ~C~ _ ~~ ,,._ ~ C.+omrnent 1'NE FOLLt~1~: - 'Wr&~ta -.- Plans ,_. S ~. Cc~t of L~+sr SI T Sheet Nc>. ~ C)e~riptia~t it t~ REMAE SPY Ta: _,_, rMth End. _ Yllefi End.> erg TOTAL TQTwL T~AEc 'F 0.l~t~1~3: D •Ys ~~y ~ ~M ' ~tl~~ Et~C~INEEf~~NG, ~ • Leo w e~ c«~c • eor., a.no ~ ~ t~ To: ~ ~ .k~b tom.: ,w~ A ~' '~f ~, . U~~1~10 ~ ~`~`~ rte"' Attn: p.,- TtlTAL ~I.E8: t'E'~TAI. tJ~~: BY: r-~ ..•, .., . A .~ SUBDIVISION EVALUATION SHEET ~~ ' ° ~~~ CITY ~ ~~ts~~y Proposed Development Name WESTDALE PARK NO. 2 City MERIDAN Date Reviewed 1 1 /3/94 Preliminary Stage Final XXXXXXX Engineer/Developer Hubble Enar. / Max A. Boesiger Inc. The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall a~aear on the plat as• "E. DRIFTWOOD DRIVE" "E. PINE AVENUE" The following new street name is a~oroved and shall annear on the plat as• pAFZK~Ar..E "N.• AVENUE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in ord for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE E CY R ENTATIVES OR DESIGNEES Ada County Engineer John Priester Date ~ ,/ Ada Planning Assoc. Terri Rayno ~~ Date ~' 3 g~" Meridian Fire District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index J NUMBERING OF LOTS AND BLOCKS ~ ~~/ ~~~~`~~~~~+ CENTRAL •• DISTRICT ~1'HEALTH DEPARTMENT MAIN OFFICE 107 N, ARMSTRONG PL BOISE, iD. 83704-0825 • 1208) 315-5211 • FAX: 32i-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 94-529 November 10, 1994 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE ID 83702 RE: WESTDALE PARK SUBDIVISION #2 Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on November 9, 1994. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, ~.-2ar~~ f Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Director HUD City of Meridian Max A. Boesiger Hubble Engineering Serving Valley, Elmore, Boise, and Ada Counties Ada ~ Boise County Office WIC Boise • Meridian Elmore Cowry Office Elmore Cowry Office Vatley County Office 707 N. Armstrong Pt. 1606 Robert SL 520 E. Bih Street N. of Environmental HeaBh P.0. Box 1448 Boise, ID. 83704-0825 Boise, ID. 83705 Mowtain Home, ID. 190 S. 4th Street E. McCotl, ID. 83638 Enviro. Health: 321-7499 Ph. 334-3355 83647 Fh. 587-4407 Mountain Home, ID Ph. 634-1194 famiry P!onning: 327.7400 324 Meridian Rd. 83647 Ph. 587-9225 Immunizations: 321.7450 Mendian, iD. 83642 Nutdtian: 321-7460 Ph. 8B8fi525 WIC: 321-7488 ~ n MERIDIAN CITY COUNCIL MEETING: October 4.1994 APPLICANT: WESTDALE PARK SUBDIVISION NO 2 AGENDA ITEM NUMBER: 10 REQUEST: DEVELOPMENT AGREEMENT -WESTDALE PARK SUBDIVISION NO 2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~ MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: a ~ ~L' ~ ADA COUNTY HIGHWAY DISTRICT: " 1 J~ ~/'„s ADA COUNTY STREET NAME COMMITTEE: j ~ , U" CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Meridian City Council August 2, 1994 Page 31 Morrow. And you are in agreement with those? Ricks: Yes, Mr. Mayor and Mr. Morrow, I received those last Friday and they are simply housekeeping items. Kingsford: Any other questions from staff, are you prepared to make a motion. Morrow. Mr. Mayor, I move we approve the final plat for Midtown Square commercial park subject to staff conditions. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the final plat for Midtown Square commercial park subject to staff approval all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: FINAL PLAT: WESTDALE PARK SUBDIVISION NO. 2 BY MAX BOESIGER AND NUBBLE ENGINEERING: Kingsford: Does Council have any questions for either the developer or his representative? Morrow. I would like to see a short presentation on it by Mr. Boesiger and have the staff make whatever comments they may wish to make. Boesiger: Mr. Mayor and members of the Council, have you seen any presentation on Westdale No. 2 at all? Morrow. I don't believe I have. Boesiger: This site plan here will kind of help you to get accustomed to where it is. This is Cloverdale Road, Fairview is right up here and Franklin would be down this way. Westdale Phase 1 is apparently developed and finished and filled with houses. Of course Phase 1 was in Boise's Impact Area and this is the dividing line here so now we are doing Phase 2 in Meridian's Impact Area. The construction of Crossroads subdivision to the west is what made it possible to do this project because it brought the sewer and water to us. So we are ready to move on that, this right here is the future Pine Street is already showing along the southerly boundary of Crossroads subdivision out here and it comes along and Pine Street meanders down and ties in with Executive Drive. So this is on ACHD's plan to eventually extend this through there is no timing on that yet. So Phase 2 Meridian City Council August 2, 1994 Page 32 /'1 is basically a mirror image of Phase 1 both parcels are identical in size and they are very similar in design. It ends in a short culdesac at this point here there is a road, a stub street to the north and a stub street that comes down into the future Pine Street extension. Kingsford: What does the one go to the north then Max? Boesiger: Nothing, it was just something that was provided for, to the north is the Seventh Day Adventist (End of Tape) long term development plans for that ground but they are assuming that it will be probably be some kind of open space or ball park maybe another school facility of some sort. So they thought they might need access at this point in time they just don't know. So this is the Phase 2 portion, the tots are fairly narrow but they are very deep so they have huge backyards. We are requiring a 25 foot front setback minimum for these houses because we have so much depth and in the phase one portion of it it really made for a nice looking project because of the 25 foot setback. And even with that these yards are still very large. The price range of the houses probably runs from $115,000 to a $140,000. We agreed to require a minimum of 1500 square feet for the house square footage. This portion on the big plat here, this is the Pine Street extended and you can see how it comes through here and begins to meander away. We are going to put in a landscaped 25 foot wide landscaped buffered landscaped area here along that road. Kingsford: Is that called out Max so that a purchaser there would know that they are going to be double fronted? If not I think there ought to be a note on the plat to identify that. Boesiger: Well, they are actually not double fronted because this is a separate lot so they can't take access across it without the approval of the homeowners association. And of course they can't anyway because ACRD will deny. So it really isn't a double fronted lot because. Kingsford: That is a homeowners Boesiger: Yes, there will be a fence and a berm and they won't be able to use that. Do I have any questions on the general concept of it? I have a few other comments. Morrow. The general concept is in line (inaudible) out there. A couple of specific issues with respect to pressurized irrigation and those amenities that we require that Boise doesn't could you address those for us please. Boesiger: Yes, there is a real interesting point here, I kind of hate to bring it up because to be it was bad news, but we do intend to put in pressurized irrigation in this phase. We wanted to in phase 1 but we couldn't get it organized we don't have water rights so we just Meridian City Council August 2, 1994 Page 33 weren't able to get it put together in phase 1. We have since found out that we are on the water rental rolls which is different but there are laws at the State that gives those who are on water rental rolls nearly the same water rights as those who have water rights that go with the deed. Something we never knew about until this year. Morrow: I don't know what a water rental roll is could you explain that to me? Boesiger: No, because I don't know either. Kingsford: Being an old farmer there is a different water allotment that says specific properties have the right to rent water but it is contingent upon availability they don't have rights in the dams and reservoirs that a water right would have specifically for an irrigation district. Morrow: I got it Boesiger: From what I am hearing they never in the past denied people who were on the water rental roll water without also denying those who have deeded water. So it must be a pretty secure system. Anyway we weren't able to put it together in phase 1 so we went ahead and designed it for phase 2 and we felt that now we have this new option that we would go back to the people in phase 1 and say would you like us to retrofit your lots with pressure irrigation and we said we v~rould get back to them on what that would cost. We did our calculations and found that we could provide them with pressure irrigation water for $600 a lot which we felt was a pretty fair number. We thought it would pay itself back in a minimum of 3 years on these big lots and that their total yearly water bill wouldn't be more than $100 a year. We asked them to just commit they didn't have to send us any money just commit that yes I would like to have it and I would be willing to pay the $600 and I am willing to pay the $100 a year water bill. If we just had a commitment from them then we would go ahead and engineer it. There are 38 people in phase 1 we got 4 commitments. It is something to think about , it is not as big of thing to the general public as we think it is. I happen to agree with all of you though, we have to do it. Apparently the general public doesn't agree with us. Morrow. I would say it is a $600 deal. Boesiger: You and me both. Morrow. When they get their bills for sprinkling and they are well in excess of $100. Boesiger: All of those people, well almost all of them have their back yards in, they know what it is going to cost them. Meridian City Council August 2, 1994 Page 34 Morrow: (Inaudible) n Boesiger: One point I need to mention if, we just received this letter from Shari Stiles .today outlining 5 points. The first one there being that this final plat is in general compliance with the approved preliminary plat for this subdivision. We concur with all of these points, except for one and I think we just need a clarification on it, on item #3. There it says as the adjacent zoning to the south is currently M1 the 20 foot landscape buffer should be continued along the entire southern boundary of this subdivision. Now if the preliminary plat hearings the City of Meridian made the requirement that we put in a 15 foot wide berm landscaped and fenced buffer strip and by the way we have since made that 20 foot wide. And that it should be provided along the south subdivision boundary adjacent #o the north side of the pine street extension. Now like we mentioned before Pine Street meanders away from this parcel of ground and it leaves this parcel of ground right at this point here. If you look at the big map, there is a long sliver of property here that goes all the way back to Cloverdale Road and of course as you get further towards Cloverdale this triangle gets thicker and thicker. Our intention of course was to run this 20 foot landscape strip to the end of our property and then whoever develops this property here wwuld theoretically continue it or there would be some other kind of additional buffer. It makes sense that this whole triangle at least probably to here would all be buffer, end up being a buffer because what else can you do with a piece of property that probably isn't deeper than 50 feet at this point. I would anticipate that will all end up being buffer along there. So contributing another 20 feet out in the middle of kind of a no man's land doesn't make sense. And I don't think that was meant here, I think what might , I'm not sure of this but Shari can straighten us out on this. For some reason we have stopped this landscape area right here and of course we need to continue that on like this. And of course we would be happy to do that. If that is what she meant then of course we will do that. If she meant bringing this 20 foot strip all the way along here I don't think that makes sense for the homeowners here to maintain a 20 strip of ground that is kind of out in no man's land that no one can use or see. Corrie: Do you have any idea of what that little triangle is going to end up as, a dump ground or is the County buying it, that could be a mess. Boesiger: The only thing I know of, you are referring to this area here, the only thing I know of is this whole section here is owned by Van Auker and I think he is kind of partnering up with Dick Phillips. Anyway, they are looking at putting some high density type apartments, townhouses that kind of thing in there. And I think they are kind of going to use Pine Street as their secondary access so they will probably motivate the eventual extension of Pine Street. That being the case I'm sure that area would end being some kind of a buffer in there, I don't know what else they can do with it. Meridian City Council August 2, 1994 Page 35 i"~ Morrow. I think this is another example of the problem with the 1/4 mile west of anything for Impact Areas and ultimate city limits. Quite candidly Max's presentation here, the city of Boise through their impact area would be administering the part that had something buildable on it, should it be Mr. Van Auker's presentation we would be administering what amounts to a green area. As I see it based on the information that Max has given us. I agree with the information that he is giving us. It is unusable for anything but a buffer. But I think the other thing is how do we get to that point when that proposal comes before us it will be just for that sliver of property because the rest of it. Kingsford: One thing that I guess comes to my mind that I think maybe and I guess we are all speculating on what Shari's comment was. Certainly if I were in your shoes and we anticipate that either high density or commercial or whatever Ron elects to go with and tries to sell. It would behoove you to have some buffering from that and particularly as deep as those lots it might very well be in your best interest and I think in ours in terms of disgruntled property owners that might be extended along there disrespectful of where Pine Street is at that point. Boesiger: But don't forget these lots have backyards that are 100 feet deep and that in itself is an awFully good buffer. And where you already have a 20 foot landscaped berm and fence I think you have plenty of buffer there. Kingsford: Not having reviewed your covenants or whatever and knowledge of that depth of lot and what people don't do to them, I am concerned about an extension of not doing anything to them. Now if there is something green back there it is going to encourage them to deal with their lots and those would be nice and they would be separated from whatever it is to the south. Boesiger: Now remember that those people that live along there won't even be able to see this nor will they be able to use it. They would have to cross private property to get to something that they maintain and what can you do with a 20 foot wide berm, you can't even have a picnic on it. I have a hard time seeing the practicality of spending the expense of maintaining a green berm out in the middle of a field for who knows how long and then even when it does finally get built being out there mowing a 20 foot wide patch of grass next to whatever else it is just doesn't make sense to me. There is an expense there that (inaudible). Kingsford: It certainly protects those people from whatever might be developed there and certainly and lends a little credence to the Council in a transition from something be it high density housing or commercial or industrial or whatever. Boesiger: Here is another consideration too is that there is a ditch, I don't know if you can Meridian City Council August 2, 1994 Page 36 see it here but this straight line here is a ditch it flows through here and that ditch also separates Pine street from our project. So I think that in itself becomes another form of buffer something that will keep any kind of development other than open space from going in there. It seems to me that you in your position would have the ability when that plat does come in, by the way I should clarify he wouldn't just be bringing this little triangle in he would be bringing this whole piece in. I think they own,. I don't know if they own clear to Eagle. road or not, but they own close to it. So when they bring that in that will be a full blown project of some sort. I think you can look at this and see that there is buffering needed in certain areas even he is going to need to buffer up against the railroad tracks. So I think that is going to be all part of his plan. Morrow. The sequence of your buffer along the Pine Street Extension to clarify in my mind it starts out with the landscape area then the fence and then the property. Boesiger: That is correct. Morrow. So the homeowners that have the lots adjacent to the buffer don't have any access thought the 20 foot buffer strip. Boesiger: No they don't have access, they would have to jump the fence. Morrow. I was confused because I was thinking the other way. Corrie: You also realize that you have a little fire department problem since Boise goes and takes that in that other section. Is it annexed to Boise now? Boesiger: I am not sure I understand your question. Corrie: No. 1 is that in Boise city limits now? Boesiger: No it is not. Corrie: Okay when they do that if Boise fire department until that road gets through we have to come all the way around Cloverdale and come through Boise's territory to get into ours. Boesiger: That is correct but we do have an agreement, it was arrived at between Meridian, Kenny Bowers Corrie: And Whitney right now • ~ ~ Meridian City Council August 2, 1994 Page 37 (Inaudible) Kingsford: It is Whitney through /"~ Corrie: If the thing gets annexed it will go to Boise and it will be taken over by Boise. Boesiger: (Inaudible) worked it out between themselves that they would be able to serve it in the interim until Pine Street goes through. Kingsford: The interesting thing about that Bob is that was the dividing line for Meridian fire district all along. Corrie: I know it. (Discussion Inaudible) Corrie: There is an agreement now but there is no agreement between Boise and Meridian is what I am saying. We are going to run into the same problem north, the whole section is going to be a real problem. Morrow. (Inaudible) we just annex to the center of Cloverdale Road, Mr. Van Auker is agreeable to that. Boesiger: 1 would have been too. Corrie: I have one other question Max, in reference to a letter we got in reference to drainage, did you get this letter about your subdivision draining into Crossroads and they vuouldn't allow it, Settler's? It is no problem as far as you can find out, just wanted to make sure you had a copy of it. So you are an R-8 with a 1500 square foot minimum. Morrow. You have read Gary Smith's comments and are agreeable to atl of those on the letter dated July 27th? Boesiger: Yes Morrow. Mr. Smith, do you have any comments with respect to this. Could we have Shari enlighten us with what she meant with respect to the berm issue? Stiles: Mayor and Council, the landscape buffer doesn't really have that much to do with Pine Street although it is needed against the high traffic that (inaudible) expected there. The buffering is in our ordinance and comes about as a result of the adjacent property Meridian City Council August 2, 1994 Page 38 being zoned M1. Now Mr. Boesiger has told you stories about what is may be happening and stories he has heard about what is happening but at this time we don't know it is M1. Especially with that little unusable piece of property there that you don't know what its going to be it could be dirt, it could be who knows what its going to be. If it is going to be in the right of way, it is certainly not going to be maintained by Ada County Highway District I was just concerned that those people be able to have the same buffering that is afforded to the remainder of the subdivision. We don't know what is going to be and the thing of it is it is zoned M1 right now. Morrow: M1 in Ada County. Stiles: Right, which means they could put a gravel pit there if they decided. Boesiger: Do you have no say so when someone comes along with a plan that meets M1 standards you can't require anything of them? Kingsford: You can require things only so long as they apply to that particular zone. We would be limited greatly and that is what I alluding to Max with regard to protecting that subdivision from subsequent development. Tolsma: (Inaudible) Morrow. But the other thing is from a practical standpoint is that if they want any kind of services they have to be zoned and annexed to our zoning and annexation. Kingsford: That is correct. Morrow: And the health department is not going to approve any septic systems there for commercial or industrial development, it is pure and simple. So they are going to be annexed by either us or Boise. I don't know what that says I just thought I would make the comment. Kingsford: Again, my experience has been where you have a transition from residential to I guess you could say less desirable that I would like to protect those people as much as possible. Regardless of who may be sitting here later on and whether they elect to say well we won't give you sewer and water or whether they do. I think you are going to build it sell it and be gone and I would tike to see, and I know you build quality projects but I would like to see that those things not be a thorn in the side of the city long term. I don't know that necessarily a landscape berm but maybe something, I am getting real big into some of these foot paths and stuff. I have said this several times but t absolutely enjoy going over and seeing my brother and walking around some of those areas in Hewlett r /'~~ ~\ Meridian City Council August 2, 1994 Page 39 Packard area. There are some neat things, they have some trees, just walkways and so on. I think there could be some things that become a transition change but it wouldn't necessarily have to be a berm. Tolsma: (Inaudible) commercial property if such developed down there we require them to build a buffer area between residential also as far as lighting, sound and noise and everything else. (Inaudible) most all of our commercial is abutting residential on Fairview over there (inaudible) amenities to protect housing behind it. Corrie: (Inaudible) Boesiger: I think another thing you have to consider too this I'd consider if I lived there is going off and capping off that sprinkler system in that stretch and just let it die because why spend all of that money on something that no one can see or use. I think that is probably what they would end up doing and then what do you have, you have a piece of ground that become a 20 foot wide by 450 strip that will never change. People aren't going to move their fences back they are not going to do anything about it, I think because of the practicality of it, it is going to end up being a problem in the future if we don't design it in such a way that it is beneficial to the people of Westdale. Morrow. I think the way to handle that situation is to make it a common lot like you already have it on the rest of this stuff and it becomes the homeowners responsibility. And then if the homeowners association does not maintain it the City has a hammer real quick to maintain it and to take care of it. I think that if the desire is to have that 20 foot berm continue on than it ought to be part of the homeowners association and not left up the individual property owners to maintain it. You are absolutely right if it is left up to the individual property owners to maintain it they won't touch it. Boesiger: What I am saying is that the homeowners association may choose not to maintain something that they cannot see or use that is all I am saying. Morrow. And what I am submitting back to you is the city has a hammer to force them to maintain it. Kingsford: The other thing that we are not really considering again will be abutting Boise, is that is not extended through their portion. You have something that runs off their and it stops at a particular lot and those homeowners are not going to differentiate between who is in Boise and who is in Meridian when they are looking out their back yards. I don't know I guess it makes a logical determination as it is shown as it might in any regard. Corrie: There is nothing in the things about making that a pathway along there is there, i ~'\ ~\ Meridian City Council August 2, 1994 Page 40 I am not aware of it. Morrow. The other thing is quite candidly when Mr. Van Auker and his group come before us we can offer some encouragement to do something with that little triangular piece of property in terms of whether it is high density residential or commercial or industrial that would serve to buffer the lots that are under us at any rate-and quite candidly it comes a bastard piece of property. Because there is nothing he can do with being in Meridian and the rest of it being in Boise unless we annex it all. Kingsford: Any other questions of the Council? Entertain a motion. Morrow. Mr. Mayor I would move that we approve the final plat of Westdale Park subdivision No. 2 subject to staff conditions and that the berm configuration be as presented. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the Westdale Park No. 2 final plat conditioned upon Staff recommendations being met and stipulating that the berm be developed as presented in the presentation, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: FINAL PLAT: FAWCETTS MEADOWS SUBDIVISION NO. 1 BY RONALD HENRY WITH COVENANTS, CONDITIONS AND RESTRICTIONS AND DEVELOPMENT AGREEMENT: Kingsford: Counselor have you seen those CC&R's? Crookston: I believe that I have, I can't remember right now. Kingsford: When were those submitted Ron? Henry: Today Crookston: I think I reviewed them but I haven't seen the revised ones. Henry: Okay, I got your comments and then I incorporated your comments and produced a revised set. Corrie: So the only 2 dogs and 2 cats ~"1 MERIDIAN CITY COUNCIL MEETING: August 2 1994 APPLICANT: MAX BOESIGER AGENDA ITEM NUMBER: 19 REQUEST: FINAL PLAT: WESTDALE PARK N0.2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: COMMENTS FORTHCOMINING ~~ ~~~~ `~~ CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAAAE COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer ~ . Re; WESTDALE PARK SUBDIVISION NO. 2 (Final Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning July 27, 1994 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Please submit Ada County Street Name Committee letter approving the street names, and subdivision name. 2. Licensed Land Surveyor needs to stamp, sign, and date the front page of the subdivision plat. 3. Add the text "UNPLATTED" along the west boundary of the development. 4. Add the "Information of Record" text and symbol to the legend. 5. Add the name "East Pine Street", and the "North" designation to Westdale Avenue. 6. Revise the plat notes as follows: (4.) Any re-subdivision of this Plat shall comply with the applicable zoning regulations in effect at the time of re-subdivision, or as allowed by conditional use. (6.) All Tats within this subdivision are single-family residential lots except Lot 1 Black 4, Lot 9 Block 4, and Lot 32 Block 3, which are designated as Common Area Lots which are owned and maintained by the Homeowners Association. Lot 9 Block 4 is also designated as a Blanket City of Meridian Sewer/Water Easement. (8.) The bottom of house footing elevation shall be a minimum of 12 inches above the established seasonal ground water elevation. 7. Revise the "Certificate of Owners" as follows: (Line 5) Correct the spelling of "The". (Lines 21 -23) Revise last sentence to read: All Lots within this Subdivision Plat will be eligible to receive water service from the City of Meridian's municipal water system, and the City of Meridian has agreed in writing to serve all of the Lots in this Subdivision. HUB OF TREASURE VALLEY C: \WPWBV60\DUMPSTER\WESTDALE.C-C HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Watte Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TO: Mayor and Co ncil ~~ ~ e FROM: Shari L. Stiles, Planning & Zoning Administrator DATE: July 29, 1994 SUBJECT: Final Plat of Westdale Park Subdivision No. 2 Lfirr°/r /Uc . / ~~9~ cc ~ COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning ~~~~~~~D auc o ~ ~ss~ C!~"Y ~F t~~,ki~vititV 1. .This final plat is in general compliance with the approved preliminary plat for this subdivision. 2. Access to the site will be restricted until the Pine Street Corridor is completed. Access will have to be from Cloverdale Road until that time. 3. As the adjacent zoning to the south is currently M-l, the 20' landscape buffer should be continued along the entire southern boundary of this subdivision. 4. A development agreement is required as a condition of annexation addressing compliance with City of Meridian Ordinances, staff and agency comments, and the Findings of Fact and Conclusions of Law. 5. Perimeter fencing is required to alleviate liability problems between homeowners and the Seventh Day Adventist Church property, which is also used as a school. ~ r HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON CITY OF MERIDI AN ROBERT D. CORRIE GARY D SM THS P.EyCity Engeneer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, waste water supt. Planner 8 Zoning Administrator KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, PoBCe Chief , 4813 887 208 • '~ ~ ' ' ~ ~ JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney - ) Phone (208) 888-4433 FAX ( ~ ~ Ch airman -Planning & Zoning Public Works/Building Department (208) 887-22 11 GRANT P. KINGSFORD ,) t1 ~ ~ ~ ~~~' Mayor ~~ ~~ ~~eli~~~ 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: Julv 26, 1994 TRANSMITTAL DATE: 7/11194 HEARING DATE: 8/2/94 REQUEST: Final Plat for. Westdale Park Subdivision No. 2 BY: Max Boesiger LOCATION OF PROPERTY OR PROJECT: West of Cloverdale Road and North of Franklin Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELIM $ FINAL PLAT) INTERMOUNTAIN GAS(PREUM & FINAL PLAT) BUREAU OF RE TION(PRELI FINAL PLAT) CITY FILES OTHER: YOUR CONCISE RE KS: ~"~ HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chlef W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN I W A LTW M ORROW 33 EAST IDAHO >~~~'~~~ ~~FiARI STILES tanner 8 Zoning Administrator MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-221 l GRANT P. KINGSFORD Mayor I l~ ~ 1 4 ~•lr~anM PlOann ng & Zoning C~~~ ~~' l~d~:~Lrdfat~lt~ 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: July 26. 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Westdale Park Subdivision No. 2 BY: Max Boesiger LOCATION OF PROPERTY OR PROJECT: West of Cloverdale Road and North of Franklin Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ,y / 2 V 9~ OTHER: / J YOUR OONCISE REMARKS: G Kam`, ~ ~ ~S .~-~ /~ SUPERINTENDENT OF SCHOOLS Bob L. Haley ~~R EX~E~`~ DEP Dan Mabe, F nan eD& Administration U' 'y DIRECTORS 2 ~~~\~~~ fi Sheryl Belknap, Elementary ~ Jim Carberry, Secondary Q Christine Donnell, Personnel y Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN,IDAH083642 • PHONE(208)888-6701 July 13, 1994 ~E~~~~~~ City of Meridian ~u~ ~ ~ ~~~~ 33 East Idaho ~a'~~ ~~ ~~~t~~r9i'~ Meridian, Idaho 83042 RE: Westdale Park Subdivision No. 2 Dear Councilmen: I have reviewed the application for Westdale Park Subdivision No. 2 and find that it includes approximately 12 homes at a median value of $130,000. We also find that this subdivision is located in the census tract 103.12 and in the attendance zone for Chief Joseph Elementary, Lake Hazel Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 12 elementary aged children, 11 middle school aged children, and 8 senior high aged students. At the present time Chief Joseph Elementary is at 101 of capacity, Lake Hazel Middle School is at 101 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 dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, ~~ man Mabe Deputy Superintendent DM:gr RECEI~IED .~. ~-. SUBvIVISION EVALUATION SriEET JUl 2 ~ i394 CITY OF MERIDIAN Proposed Development Name WESTDALE PARK N0. 2 City MERIDAN Date Reviewed 7/21 /94 Preliminary Stage Final XXXXXXX Engineer/Developer Hubble Engr. J Max A. Boesiger Inc. The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. WESTDALE PARK SUBDIVISION N0. 2 x. Date The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall aaoear on the slat as: "E. DRIFTWOOD DRIVE" "E. PINE AVENUE" "WESTDALE" cannot be used for a street name because "DALE" exists and directions shall not be used as Dart of the street name. Ti:e above street name comments have been read and approved by the following agency re;;resentatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE/AgEN~Y ESF,NTATIVES OR DESIGNEES Ada County Engineer John Priester Date Ada Planning Assoc. Terri Raynor ~ ~t ~ Date ~; f i Meridian Fire District Representative '~/ ate f:~7E: A copy of this evaluation sheet must be presented to the ada County Engineer at the t:::~ of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUf~IBERING OF LOTS AND BLOCKS TIC SUBSISM CITY.FRM /'~ /'~ CENTRAL •• DISTRICT HEALTH DEPARTMENT REVIEW SHEET Environmental Health Division J U ` 2 ~ 1994 Return to: ^ Boise ~Y~~~ ~~' 1~1~~1,{~Itit'+j ^ Eagle ^ _Garden city Rezone # Meridian Conditional Use # Preliminary /Final /Short Plat ~4~'Si ~ ~*~~/~/IIZ~ ~d,I~D/~f1~4 y• Z ^ Kuna ^ ACZ ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type-of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ~t] 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ community water well ^ interim sewage ~c central water ^ individual sewage ^ individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~ central sewage ^ community sewage system ^ community water ^ sewage dry lines ~ central water 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 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. / q S%O/1.,f9~if~Z7z ~lA~it~~rl~" tS/~-~~ /`/~7' Date: / ~/ /~ .~ ~ ~ wit c/it21 i ~ d GviW ~t-~ 6r..1 Reviewed By: ~i ~S'/ii-'Il 6~s ~ ir'u/fd -~.a- ~ M a.J.f'7Y~G2-S i S . [DHD 10/91 rcb, rev. I I/93 jll /'~ ~ HUB OF TREASURE VALLEY OFFICIALS A GOOCI PIaCe t0 L1Ve COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA MAX YERRINGTON I S C e CITY OF MERIDIAN ROBERT D CORRIE Y D. SM TH GAR P E. Clty Eng neer . WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHQ SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. BILL GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 88711813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD {~ n n ~~~ ~U ,~ Mayor ~ ~ ~ ~~ ~ r~~`f TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELO Nth j S 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: July 26. 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Westdale Park Subdivision No. 2 [~ECE~VE~ BY: Max Boesiaer rr J U L 2 7 194 LOCATION OF PROPERTY OR PROJECT: West of Cloverdale Roa~i~andNoi-~i ~~"' L` ~ Franklin Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELlM ~ FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and wasteways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. It is recommended that irrigation water be made available to all developments within this District ~Iam~a & Meridian Irrigation District requires that a Land Use Change/Site ~evelnnmPnt annlica inn he filed for review prior to final nlattino_ Cnntar•r Nampa & Meridian Irrigation District ! ~. ~. ~\ ~~ SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTDALE PARg- -rri~,~E-}, P~/~SE 2 This Supplemental Declaration ("Supplement") is made effective as of the day of 1994 by MAX A. BOESIGER, INC., an Idaho corporation, or "Declarant," and shall be incorporated into and supplement that certain Declaration of Covenants, Conditions and Restrictions for Westdale Park -Phase 1, recorded as Instrument No. records of Ada County, as to the Phase 2 Property hereby covered as described below. ARTICLE I. GENERAL 1.1 Property Covered. Grantor/Declarant is the Owner for the real property in the County of Ada, State of Idaho, describe as: A portion of the S.W. 1/4 of the N.E. 1/4 of Section 9, T.3N., R.lE., B.M. Ada County, Idaho, according to the official plat thereof recorded Instrument No. 9356037, records of Ada County, Idaho. (Phase 2 Property" and Phase 2 Lots as to the lots therein). as ~~ G~"''~~1 i n ~` 1.2 Purpose. The purpose of this Supplemental Declaration is to annex the Phase 2 Property to the Property covered by the Declaration, and to include the Owners of Phase 2 Lots the Association. 1.3 Annexation. Grantor, pursuant to the provisions of Article VIII of the Declaration, does hereby annex the Phase 2 Property to the Property covered by the Declaration and said Phase 2 Property hereby becomes subject to the Declaration and encompassed within the general plans and scheme of covenants, conditions, restrictions, and reservations of easements and equitable servitudes and other terms and conditions therein, except as otherwise specified herein. Unless otherwise provided, all defined terms as contained in the Declaration shall have the same meaning in this Supplement as are applicable to the Declaration. 1.5 Association Membership. Article IV general and Section 4.2 specifically, is hereby supplemented to provide that each Owner of a Phase 2 Lot shall be a member of the WESTDALE PARR HOMEOWNER'S ASSOCIATION. ARTICLE II DECLARATION Grantor hereby declares that the Phase 2 property, and each Lot. parcel. or portion hereof. is and shall be held. sold. conveyed. encumbered. hypothecated. leased. used, occupied and improved subject to the Declaration. as supplemented hereunder, and the restrictions. covenants. limitations. conditions ad equitable servitudes contained therein, 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 Phase 2 property, or any lot, parcel or portion thereof, and to enhance the value. desirability and attractiveness of the Property. The covenants, conditions and restrictions set forth in the Declaration. as supplemented hereunder. shall run with the land (described as the Property including the Phase 2 Property). and each estate therein and shall be binding upon all persons having or acquiring any right. title or interest in the property. including the Phase 2 Property. or any Lot, parcel or portion hereof shall inure to the benefit of and be binding upon Grantor, its successors in interest and each Grantee and his respective successors in interest. and may be enforced by Grantor, by any Grantee or Owner or his successors in interest, or by the Association as described in the Declaration. ARTICLE III SUPPLEMENTS AND MODIFICATIONS 3.1 Plat Conditions. Article 1, Section 1.19 is hereby supplemented to provide that "Plat" as the Phase 2 property shall refer to the recorded plat of Westdale Park Subdivision No. 2. All conditions of the Plat are hereby incorporated herein by reference and notice is hereby given of the same. IN WITNESS WHEREOF, the Grantor has executed and acknowledged this Supplemental Declaration effective as of the day and year first written above. MAX A. BOESIGER, INC.. an Idaho Corporation By Max A. Boesiger Jr.. President j ~ ~~ r\ STATE OF IDAHO ) ss. County of Ada ) On this day of 1994, before me the undersigned, a Notary Public in and for said State, personally appeared MAX A. BOESIGER JR., known or identified to me to be the President of Max A. Boesiger Inc., the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My Commission Expires: '' ''~ '1 ~3561G1 RECORDS t~: E3Y d/ UECLARA'I' I ON ~~~ ~ OIL ' 93 JUL 15 Pal 3 32 COVENANTS. CONDITIONS AND RESTRICTIONS f~UR WES1'DALE PARK SU13D I V 1 S I ON 11 S DECLARATION is made effective ors the day of 1993, by MAX A. BOESIGER, INC., an Idaho corporat on hereinafter referred to as "Declarant." WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the "Property," more particularly described as follows: WESTUALE PARK, a portion of the S ]/2 of the NE's 1/4 of Section 9, Township 3 N., Range 1 W, of the Boise Meridia Ada County, Idaho according to the official plat thereof recorded as Instrument No. ~'1~?~::,l,t~0~) records of Ada County. NOW, THEREFORE, 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 tl~e following terms, covenants, conditions, reservations, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the proter.tion, maintenance, subdivision, improvement and sale of tl~e Property, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants, conditions, reservations, easements and restrictions set forth herein shall run with the land constituting the Property artd with each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any Lot, parcel or portion thereof; shall inure to the benefit of every Lot, parcel or portion of the Property and interest therein, and shall inure to the benefit of and be binding upon Grantor, its successors in interest and each Grantee or Owner and his respective successors in interest, and may be enforced by Grantor, by any Owner or his successors in interest. 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, nor Grantor's right to post signs incidental to construction, sales or leasing. ARTICLE I DCh[NITIONS 1.1 "Articles" shall mean tl~e Articles of Incorporation of the Association. 1.2 "Assessments" shall mean those payments required of Owners and Association Members including Regular, Special and Limited Assessments of the Association as fttr•[lier defined in ibis declaration. 1.3 "Association" shall mean and refer to WESTDALE PARK Homeowners' Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.4 "Association Rttles" stall mean those rules and regulations promulgated by the Association governing conduct upon the use of the Property under the jurisdiction or control of the Association, the imposition of fines and forfeitures for violation of Association Rules and Regulations, and procedural matters for use in the conduct of business of the Association. 1.5 "Beneficiary" shall mean a mortgagee under a mortgage or beneficiary under a deed of trust, as the case may he, and/or the assignees of such mortgagee, beneficiary or holder, which mortgage or deed of thrust encumbers parcels of real property on the Property. 1.6 "Board" shall mean the F3oard of Directors or other governing board or individual, if applicable, of the Association. 1.7 "Building Lot" shall mean and refer to any plot of land showing upon any recorded plat of the Property. 1.8 "Bylaws" shall mean the bylaws of the Association. 1.9 "Committee" shat 1 mean the Arcl~i tectttral (.`ommi t tee described in Article VI hereof. 1.11 "Declaration" or "Supplemental Ueclaration" shall refer to this declaration as hereafter amended and supplemented from time to time. 1.12 "Declarant" shall mean and refer to Max A. ~' ~~ /"\ Boesiger, Inc., an Idaho corporation, and its successors and assigns, if such successors and assigns should acquire more than one (1) undeveloped Lot from the Declarant for the purpose of development and as part of such conveyance, the Declarant assigns and transfers to Stich transferee the Declarant's rights with respect to such Lots. 1.13 "Grantor" shall mean at~d refer to the Declarant. 1.14 "Improvement" shall mean any structure, facility or- system, or other improvement or object, wlietl~er permanent or temporary, which is erected, constructed or plar_ed upon, under or in any portion of the Property; including, but not. limited to buildings, fences, streets, drives. driveways, sidewalks, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches, waterways, swimming pools and other recreational facilities and fixtures of arty kind whatsoever. 1.15 "Lot" shall mean at~d refer to a Building Lot. 1.1G "Member" shall mean each person or entity holding a membership in the Association. 1.17 "Mortgage" shall mean and refer to any mortgage or deed to trust and "Mortgagee" shall refer to the mortgagee, or beneficiary trader a deed of trust, and "Mortgagor" shall refer to the mortgagor, or grantor of a deed of trust. 1.18 "Owner" shall mean and refer to the record Owner, wl~etlier one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 1.19 "Plat" shall mean the recorded Plat of WESTDALE PARK and tl~e recorded Plat of any other Properties annexed hereto. 1.20 ""Properties" or "Property" shall mean and refer to the real property hereinbefore described, and such additions thereto as may hereafter be annexed and brought within the coverage of this declaration as more partic:ttlarly provided for herein. 1.21 "Set Back" means the minimum distance established by law between the dwelling unit or other structure referred to and a given street, road or Lot line. 1.22 "knit" shall mean one residence wlii~~h shall he situated upon a Lot. W F~ S 1' 1,11 1? T' A IZ 1' - 3 ~' ,. r~ /~'~. ARTICLE II GENERAL COVENANTS. CONDI'T'IONS AND RESTRICTIONS 2.1 Land Use and Buildin¢ Type. No Lot shall. be used except for residential purposes, and no Lot shall be used for the conduct of any trade or business or professional activity. Notwithstanding the foregoing, the Board may, in its discretion and upon request by an Owner, allow an Owner to conduct a "garage sale" upon such Owner's Lot. No improvements shall be erected, altered, placed or permitted to remain on any Lot other than one designed to accommodate no more than one (1) single-family residential dwelling . `~O ~ 2.1.1 Size Limitations. Split level nd two (~) story Units shall have not less than 0 square feet of interior floor area, exclusive of porches and garages Al l other unit s shat l have not less than d'2'0'Or' /~5~~ ~ square feet of interior floor area on the ground floor of the main structure, exclusive of porches and garages. 2.1.2 Garages. Each Unit constructed with the Property shall include at least a two (2) car, enclosed garage which is an integral part of the Unit structure. 2.1.3 Roofing Material. The roof of each 1.1uit may be constructed of asphalt shingles, or such other material as may be approved by the Architectural Committee in writing. 2.1.4. Minimum Front Setback Rectuiretnent. 13uilding improvements must be set back a minimum of 25' on all lots. 2.2 Architectural Control. No improvements which will be visible above the ground or which will ultimately affect the visibility of any above ground improvement shall be built, erected, placed or materially altered, including without limitation, change of exterior colors or materials, on the Property, unless and until the building plans, specifications, and plot plan have been reviewed in advance by the Arclii tectural Committee and tl~e same have been approved by the Committee. The review grid approval or disapproval may be based upon the following factors: design and style elements, mass and form, topography, setbacks, exterior color and materials, physical or artistic conformity to the terrain and tl~e other improvements on the Property which the Architectural Committee, in their reasonable discretion, deems relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the improvements. This Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout of design of WI S7'1~:11 C' 1'~~.1:1: -- 1 • - ~~ ~\. buildings PXCP.pt to the extent incidentally necessitated by use and size requirements. 2.3 Exterior Maintenance: Owner's Obligations. No imt>rovc'mc,nts, including mai 1 boxes ~rnd landscating, steal 1 L)c° permitted to fall into disrepair, and each improvement shall at all times be kept in good condition and repair. In t})e event that any Owner shall permit any improvement, including trees and landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, or damage to Property or facilities or) or adjoining their Lot which would otherwise be ttre Associations' responsibility to maintain, the Board, upon fifteen (15) days prior written notice to tl)e Owner of said Lot, shall leave the right to correct such condition, and to enter upon such.Owner's Lot for the 1)urpose of doing so, and such Owner shall promptl}> reimburse the Association for the cost thereof. Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as ot}rer Assessments set forth herein. The Owner of the offending Lot shall be personally liable, and leis Lot may be subiect to a mechanic's lien for all costs and expenses incurred by tyre Association in taking such corrective action, plus all costs incurred in collecting tl:e amounts due. Each Owner shall pay all amounts due for such work within ten (10) days after receipt of written) demand therefor, or the amounts may, at the option of tl)e Board, I)e added to the amounts payable by suc}1 Owt)ers as Regular Assessments. Each Owner shall have ttre remedial rights set forth herein if the Association fails to exercise its rights within a reasonable time following written notice. In the event the improvements orr any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration or reconstruction thereof within ninety (90) days of such damage or destruction. if after ninety (90) days of the repair, restoration or reconstruction of such damaged or destroyed improvements have not taker) place, the Association, upon fifteen (15) days prior written notice to the Owner of such Property, shall have the right to correct such condition, and to enter upon Owners Lot for the purpose of doing so and such Ownrer shall bear all costs incurred by the Association, a lien shall be applied to the Lot. 2.4 Improvements Location. No improvements shall be construr_ted in violation of set-back requirements established by law, or by this Declaration as set forth on the recorded plat of the Subdivision. 2.5 Nuisances. No noxious or offensive activity, u-rs-rr~~.r r r~rh -- ~~ ~ including without limitation, those creating an offensive odor, shall be carried on upon any L.ot nor shall ar-ything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 2.6 Temporary Structures. No improvements of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be placed or used on any Lot at any time as a residence either temporarily_ or permanently. 2.7 Signs. No sign of any kind sh 1` b~ displayed to the public view on any Lot except one s gh of not more t1-an five (5) square feet advertising the Property for sale or rent, or signs used by a builder or the Declarant to advertise the Property during the construction and sales period. 2.8 Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon the Froperty, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon the Property. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon the Froperty. 2.9 Livestock and Poultry. No animals, livestock, ot- poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other Ilousellold pets may be kept provided that the are not kept, bred, or maintained for any ~ "~`~ commercial purpose and provided that the keeper of sur.Yt pets complies with all city, and county laws, rules and regulations. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of a set-back line where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings attd in no event shall such structure be visible from a street. All such kennels or facilities shall comply with all applicable laws and rules. 2.10 Garbage and Refuse Uisuosal. No rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on the Property except trash kept and maintained withtM, the interior of a Unit in sanitary containers. All such material shall only be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean, neat and sanitary condition. 2.11 Water Supply. No individual domestic water supply system shall be permitted on any Lot. 2.12 Sewa¢e Disposal. No individual sewage disposal system shall be permitted on any Lot. All Lots shall be subject to tl~e following sewer requirements of tl~e City of -$~ : ~~ ` W1~S~'I)AL 1~ 1':11tF' - ~~ f . ~~ /"~ 2.12.1 A monthly sewer charge must be paid after r.onnecting to the City ofs'e public sewer system, according to the ordinances and laws of the City. 2.12.2 Each Owner sttal l sttbmi t to inspect ion by the Department of Public Works, the Department of Building, or other Department whenever a subdivided Lot is to be connected to the sewage system constructed and installed on and within its Property. 2.12.3 The applicant/Owner of this subdivision, or Lot or Lots therein, shall and hereby does vest in the City of ~,p~eAe the right and power to bring all actions against the Owner of the premises hereby conveyed or part thereof for the collection of any charges herein stated. 2.12.4 The recording of this plat by Developer shall be deemed and construed as a request for the artnexalion of its property to the corporate limits of ~~P City. Such requests and consents shall be binding on all subsequent purchasers or owners of Developer's property. 2.13 Sight Distance at Intersections. No fence., wall, hedge or shrub planting which obstructs sight lines at elevations between ~ (~) and ~ <~ feet above the roadway shall be placed or permitted to rentaitl on any corner Lot within the triangular area formed by the street Property lines and a line connecting them at points (30) feet from the intersection of the street lines, or in the case of a rounded Property corner from the intersection of the street Property lines extended. The same sight-line limitation shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless ttte foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 2.14 Declarant's Right. Declarant reserves the right to construct residences and other improvements upon any I.ot attd to offer tl~e same with completed structures thet•eon for sale to individual Owners. 2. ].5 Boats, Campers, and Other Vehicles. No boats, trailers, tractors, recreational vehicles, (i.e., any trailers, campers, motorhomes, automobile campers or similar vehicle or equipment) dilapidated, unrepaired or ttrtsiglttly vehicles, or similar equipment, motorcycles, snowmobiles, trucks .(working or non-working) greater than three-quarter <3/4) of a ton in size shall regularly or as a matter of practice be parked or stored on any portion of the Property (including streets and driveways) utt~ess enclosed by a WC'S't'1?'~1 f' 1'-181' - 7 • ~ structure or screened from view in a manner approved, in writing, by the Architectural Committee. Notwithstanding the foregoing, any boat, camper trailer or recreational vehicle which is in good repair and working order which does nut exceed the following dimensions may be stored on the side yard of a Lot between front acid rear vard set-backs if screened by a six foot (C') fence: eight (8) feet wide, twenty-seven (27) feet long and ten (]0) feet high. Provided, however, such storage may not be located adjacent to the street on a corner Lot. 2.lti Bathrooms. All bathrooms, sink and toilet facilities shall be inside residence buildings and shall be connected by underground pipes directly with the sewer system. 2.17 Antennae. No television antennae, satellite receivers, or radio aerials shall be installed on the Property, other than within the interior of a Unit. 2.18 Hazardous Activities. No activity shall be conducted on or in any Unit or Lot which is or might be unsafe or hazardous to any person or Property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said Property; no open fires shall be lighted or permitted on any property except iti a self- contained barbecue unit while attended and in use for cooking purposes, or with a safe and well-designed interior fireplace, except such controlled and attended fires required for clearing or maintenance of land. 2.19 Unsightly Articles. No unsightly articles shall be permitted to remain on any Lot as to be visible from arty other portion of the Property. Without limiting the foregoing, no clothing or household fabrics shall be hung, dried or aired in such a way as to be visible from any other portion of the Property. No lumber, grass, shrub or tree clippings or plant waste, compost piles, metals, building or other materials or scrape or other similar material or articles shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened from view as approved, i.rt writing, by the Architectural Committee. "Screened" is defined as being concealed or made non-visible from eye level, at grade, at all points with the Property. 2.20 Licht. Sound - General. No light shall be emitted from any Lot which light is unreasonably brig}it or causes unreasonable glare. No sound shall be emitted from any 1_ot wl~icli is unreasonably loud or annoying, grid no odors shall be r1 emitted on any property which are noxious or offensive to others. 2.21 Construction. During tyre course of actual construction of any permanent improvements, the restrictions contained in this Declaration and any supplemental declarations shall be deemed waived to the extent necessat•y to permit such construction, provided that during the course of such construciiorr nothing shall be done which will result in a violation of these restrictions upon completion of construction and all construction shall be diligently prosecuted to completion, continuously and without delays. 2.22 Re-Construction. In an}• case where it is necessar}• to reconstruct a Unit said re-construction shall be prosecuted diligently, continuously and without delays from time of commencing thereof until such structure is fully completed and painted, useles's prevented by causes beyond control and only for such time that such causes continue. 2.23 Ma i n t errarice arrd Repair . I n t he even t t he improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake tyre repair, restoration and reconstruction thereof within ninety (90) days of such damage or destruction. 2.24 Fences. All fences shall be of vertical cedar design and construction. No chain-link fences, grape stake fences or fences of basket-weave design shall be allowed. Side fences on corner lots may extend only from tine rear Lot line to rear line of the residence. 2.25 Plat Conditions. All covenants, conditions and restrictions and other matters set forth on all Plats are hereby incorporated by reference .and notice is hereby given to the same. 2.2G Frorit and Side Yards. The front yard of each Lot and the side yard of any Lot which is adjacent to a street must be planted with sod within twenty-one (21) days of substantial completion, or occupancy, whichever shall first occur, or as soon thereafter as the weather permits. All remaining portions of the yard area of each Lot must be planted with sod, seeded and/or landscaped, within six (6) months of occupancy of the Unit. The failure of tyre Owner to timely comply with this paragraph shall constitute a failure to perform exterior maintenance and the Association arrcl/or the Grantor shall have all rights and remedies provided in Section 2.3, or at~y other provision of this Declaration. 2.27 No Dumpin¢. No excavation material, grass or yard clippings, rubbish, trash, garbage, refuse or debris shall. be placed or allowed to remain on any vacant or unimproved Lot, without the prior written Approval of the Declarant or the Architectural Committee. The Owner of any Lot wlro dumps such material shall be liable for the cleanup and/or removal costs. ARTICLE III DELETED ARTICLE IV WESTDALE PARK IIOIHEOWNERS' ASSOCIATION 4. 1 Or ¢ an i z a t i on o f A s s oc i a t i on . The WESTDALE I'A121<: Homeowners Association ("Association") is an Idaho Corporation formed under the provisions of the Idaho Non- Profit Corporations Act and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declar•atiot~. Neither the Articles nor the Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 4.2 b{embershin. Each Owner of a Lot subject to this Declaration (including the Declarant) by virtue of being such an Owner and for so long as such ownership is maintained, shall he a Member of the Association, and no Owner shall have more than one membership in the Association, except as hereinafter set forth with respect to voting. Memberships in the Association shall not be assignable, except to the successor-in-interest of the Owner, and all memberships in the Association shall be appurtenant to the Lot owned by such Owner. The memberships in the Association shall not be transferred, pledged or alienated in any u=ay except upon the transfer of title to said Loi atld then only to the transferee of title to said Lot. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of tl~e Association. 4.3 Voting. The Association will have two (?) classes of voting memberships. 4.3.1 Class A. Class A members shall be the Owners, with the exception of the Declarant, and shall be entitled to one ( 1 ) vote for each Lot owtled. Wlreri more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to arry Lot. 4.3.2 Class B. The Class I3 member shall be the ~ ~ Declarant. Upon the recording hereof, Declarant shall be entitled to three (3> votes for each Lot of which Declarant is the Owner. The class B membership shall cease and be converted to Class A membership on January 1, 2000, or when the Declarant no longer owns any Lots within the property subject to the Declaration, whichever event shall first occur. 4.4 Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors ma}~ elect or appoint, ir1 accordance with the Articles, Bylaws, and this Declaration as the same may be amended and supplemented from time to time. 4.5 Powers and Duties o,_f the Association. 4.5.1 Powers. Tyre Association shall have all the powers of a non-profit corporation organized under the general non-profit 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. It shall have the power to do any and all lawful things which mav_ be aut}~orized, reytrired or permitted to be done by the Association under this Declaration, the Articles and the Bylaws. 4.5.1.1 Assessments. The power to levy assessments (Annual, Special and Limited) on the Owners of Lots and to force payment of such assessments, all in accordance with tl~e provisions of this Declaration. 4.5.1.2 Ri>rht of Enforcement. The power and authority from time to time in its own name, on its own behalf or on behalf of any Owner or Owners who consent thereto; to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration of the Articles or the Bylaws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions hereof. 4.5.1.3 D_ele¢ation of Powers. delegate its power and duties officers, employees, or to any corporation to act as manager. Association nor the members of liable for any omission or imp manager of any such duty or po The authority to to committees, person, firm or Nei iher the its Board shall be roper exercise by the ver to delegated. 4.5.1.4 Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules, and regulations as the Association deems 1t'ESTDAC.I' P~fil; - 11 reasonable and which are consistent with this Declaration (tlre Association Rules). 4.5.1.5 L-mereencv Powers. The Association or any person authorized by the Association may enter upon any Lot in the event of any emergency involving illness or potential danger to life or property or when necessary in r_onnection with any maintenance or construction for which it is responsible. Such entry shall be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Association. 4.5.2 lluties of the Association. In addition to power delegated to it by the Articles, without limiting the generality thereof, the Association or its agents, if any, shall have the obligation to conduct all business affairs of common interest to all Owners, and to perform each of the following duties: 4.5.2.5 Insurance. Obtain from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies of insurance. 4.5.2.5.2 Full coverage directors grid officers liability insurance with a limit of Two Hundred Fifty Thousand Dollars ($250,000), if the Board so elects. 4.5.2.5.3 Such other insurance including Workmen's Compensation insurance to the extent necessary to comply with all applicable laws and indemnity, faithful performance, .fidelity and other bonds as the Board shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or their person charged with the management or possession of any Association funds or other property. 4.5.2.5.4 The Association shall be deemed trustee of the interests of all Members of the Association in any insurance proceeds paid to it under such policies, and shall have full power to receive their interests in such proceeds and to deal tlrerewi tlr. 4.5.2.5.5 Irisurarrce premiums for tl~e above insurance coverage shall be deemed a common expense to be included in the annual NFCTTIAI r i'ARk: - 1 2 • ~ assessments levied by the Association. 4.5.2.6 Rule Making. Make, establish, promulgate, amend and repeal the Association rules. 4.5.2.7 Architectual Committee. Appoint and remove members of the Committee, all subject to the provisions of this Declaration. 4.5.2.8 Drainage Systems. Operate, maintain, repair and replace, all drainage systems located within the Property and shown on the Plat which are not maintained by public authorities. 4.5.2.9 Right-Of-Wav Aiaintenance. Maintain, repair and replace the landscaped berm, including the sprinkler system installed thereon, and the fence located on Cloverdale or any other public right-of-way adjacent to the Property and such other landscaping located within the Properties as the Board deems necessary or appropriate. 4.5.2.10 Irrigation Mairttertance. Maintain, repair replace all irrigation lines or channels located on or serving this subdivision, and to pay all maintenance and construction fees of any Irrigation District with respect to the Property, which amounts shall be assessed against each Lot as provided herein. 4.5.2.11 Street Lights. Maintain, repair and replace street lights within the Property to the extent such street lights are not operated, maintained, repaired and replaced by the 1Iighwa}• District or• other governmental entity, which has jurisdiction of such matters. 4.5.2.12 Subdivision Avyroval Resuousibilities. Perform all continuing duties and responsibilities imposed upon the Grantor pursuant to any governmental approvals relating to the Property including, without limitation, those set forth in the preliminary plat approval for the Subdivision. 4.5.2.13 Common Area Maintenance. The association shall maintain the landscaping on Lot 1, Block 1. 4.6 Personal Liability. No member of the Board or any committee of the Association or the Architectural Committee or ariy officer of the Association, or the Declarant, or the manager, if any, shall be personally liable to any Owner, or any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, the manager, if any, or any other N'FSTh,1i_F~ 1';1120 - 13 representative or employee of the Association, the Declarant or the Architectural Committee, any other committee or any officer of the Association, or the Declarant, provided that such person has, upon the basis of such information as may be possessed b}- him, acted in good faith without willful or intentional misconduct. ARTICLE V COVENANT POR MAINTENANCE AND ASSESSMENTS 5.1 Creation of the Lien and Fersonal Obligation of Assessments. Each Owner of any I_ot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to cor•enant and agree to pay the Association; 5.1.1 Annual regular assessments or c}rarges. 5.1.2 Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided; and 5.1.3 Limited assessments as I~ereiriafter provided. The Regular, Special ar~d Limited assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. Tt~e personal obligation for delinquent assessments shall not pass to his successors ir- title unless expressly assumed by diem. 5.2 Purpose of Assessments. 5.2.1 Regular Assessments. The regular assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance of any landscaped areas maintained by the Association, to pay properly taxes and other assessments, to pay the annual assessments of any irrigation district and to pay such other reasonable costs and expenses which are incurred by tl~e Association iri carrying out the duties, and business of the Association. 5.2.2 Special Assessments for Capital Improvement. In addition to the annual regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to r~ that year only for the purpose of defraying, in whole or in part, costs and expenses of the Association which exceed the regular assessments, provided that any such assessment shall be approved by a two-thirds (2/3) vote of each class of members who are voting in person or by proxy at a meeting duly called for this prarpose. Additionall}•, upon the sale of each Lot by Grantor, the purchaser shall pay a one-time special assessment of Thirty and no/100 Dollars ($30.00) per Lot. Such special assessment shall be paid on or before the date of recordation of the deed from Grantor to tl~e purchaser. Grantor, as agent for the Association, shall be entitled to collect this ore-time special assessment at the closing of tl~e Lot sale. This one-time special assessment shall be used to defray organizational cost for t1~e Association and general costs of operation. 5.2.3 Limited Assessments. Ttte limited assessments may be levied against any owner in an amount equal to the costs and expenses incurred by the Association, including legal fees for corrective action necessitated by such Owner, without limitation, costs and expenses incurred for the repair and replacement of any property maintained by the Association damaged by Negligent or willful acts of ari}• Owner or occupant of a Lot who is occupying the Lot with the consent of such Owner, or for maintenance of landscaping performed by the Association whicl- has not been performed by Owner as provided herein. 5.3 Maximum Annual Reftular Assessment. The initial maximum annual regular assessment to be assessed by the Association, shall be Thirty and No/100 Dollars ($30.00) per Lot per year. 5.3.1 The maximum annual assessment may be increased by the Board each year by not more than ten percent (10~) above the maximum assessment for the previous year without a vote of the membership of the Association as provided below. 5.3.2 The maximum annual assessment may be increased above ten percent (10~) by a two-thirds (2/3) vote each class of the members who are voting in person or by proxy, at a meeting duly called for tl~i s purpose. 5.3.3. The Board of Directors of the Association may fix the amount of the annual assessment at an amount trot in excess of the maximum as established from time to time. a'FSTDAi.F PARK - l5 5.3.4 The total annual regular assessment, levied against the Lots owned by the Declarant, shall be the lessor of (a) the amount of the regular assessment per Lot multiplied by the number of lots owned by the Declarant or (b) the difference between the total annual assessment levied against lots owned by the other parties, other than the Declarant, and the reasonable expenditure of the Association for the purposes described in Section 5.2.1 for the fiscal year. 5.4 Notice and uorum for ai11' Action Authorized tinder Sections 5.2.2 and 5.3. Written n~.~tice of auy meeting called for the purpose of taking any action authorized under Sections 5.3 and 5.4 shall be sent to all members not less than ten days (10) nor more than fifty (50) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60~) of all the votes of each class of ntembersliip shall constitute a quorum. If flee required quorum is not present, another meeting may be called subject to the same notice requirement, and the required gttort~m at the subsequent meeting shall be one-half (1/2) of ttie required quorum at fete preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 5.5 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on an annual or other basis as determined by the Association from time to time. 5.6 Date of Commencement of Annual Assessments - Due Dates. The annual. regular assessments or any special assessments there in effect as provided for ]lerein shall commence as to a Lot or Lots on the first day of the first year following the conveyance of the Lot or Lots from Declarant to an Owner or Owners. The Board off Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall. upon demand. and for a reasonable charge, furnish a certificate signed by an officer of tl~e Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to flee status of assessments on a Lot is binding upon the Association as of the date of its issuance. 5.7 Effect of Non->,avment of Assessments -- Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from tl~e due date on a rate of twenty-one percent (2]S6) per annum or at the ~ ~ highest rate allowed by law if such rate is less than ~1~€>>. The Association may bring an action at law against. the Owner personally obligated to pay the same, or foreclosure the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein b}• non-use of the Common Area or abandonment of his Lot. 5.8 Subordination cif the Lien to Mortea~es. The lion of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment Herr. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payment which become due prior to such sale or transfer but shall not extinguish personal liability. No sale or transfer but shall relieve such Lot from liability for ar~y assessments thereafter becoming due or from the lien thereof. ARTICLE VI ARCHITECTURAL COM11[ITTEE G.1 ]Members of the Committee. The Architectural Committee for the Property, sometimes referred to as the "Committee", shall consist of three (3) members. Tlie following persons are hereby designed by Declarant as the initial members of the Committee for the Property: Name Max A Boesiger, Jr Address 1399 East Monterey Drive Boise, Idaho 8370E Richard D. Boesiger John W. I-1o1 1 and 131 Williams Boise, Idaho 83706 X1720 West Emerald Street Boise, Idaho 83706 Each of said persons shall hold office until such time as he leas resigned or has been removed or his successor leas been appointed, as provided herein. Alernbers of the Committee may be removed at any time without cause. G.2 Rieltt of An>7ointment anti Removal. At any time, Grantor is the Owner of at least one (1) of the Lots, Grantor shall leave the right to appoint and remove all members of the Committee. Thereafter, the Board of Directors of the Association shall have the power to appoint and remove all members of the Committee. Members of the Committee may be removed at any time, without cause. WESTnt1I )= SARK - 1 7 . ./ ~~ G.3 Review of Prouosed Construction. T'he Committee shall consider and act upon arty and all proposals of plans and specifications submitted for its approval pursuant tU this Declaration, and perform such other duties as from time to time shall be assigned to it by the Board of the Association, including the 1t1SpeC110I1 of construction in progress to assure its conformance with plans approved by the Committee. The Board shall have the power to determine, by rule or their written designation consistent with this Declaration, which types of improvements shall be submitted to the Commi t tree to review and appre>val. Tyre Committee sltal l approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearanr.e of any structure affected thereby will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof will not become a burden on the Association. G.3.1 Conditions on Approval. The Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, or upon the agreement of the Owner submitting the same ("Applicant") to grant appropriate easements to an Association for the maintenance thereof, upon the agreement of the Applicant to reimburse the Association for the cost of maintenance, or upon all three, any may require submission of additional plans and specifications or other information before approving or disapproving material submitted. G.3.2 Committee Rules and Fees. The Committee also may establish, from time to titt>re, roles and/or guidelines setting forth procedures for the required content of the applications and plans submitted for approval. SL1Ct] rules may- require a fee to accompany each application for approval, or additional factors which it «<ill take into consideration in reviewing submissions. Tl~e Committee shall determine the amount of such fee in a reasonable manner, provided that in no event shall such fee exceed One Hundred Dollars ($100.00) Such fees shall be used to defray the costs at~d expenses of tl~e Committee or for such other purposes as established by the Board. Such rr_rles and guidelines may establish, without limitation, procedures, specific rules and regulations regarding design and style elements, landscaping and fences and other structures such as animal enclosures as well as special architectural guidelines applicable to Building Lots located adjacent to public and/or private open space. ll'ESTIJ^~I.I~ 1"','11'1; 1 s; G.3.3 Detailed Plans. The Committee may require such detail in plans and specifications submitted for its review as it deems proper, inr.luding, without limitation, floor plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material colors. Until receipt by the Committee of any required plans and specifications, tltc Committee may postpone review of any plan submitted for approval. G.3.4 Committee Decisions. Decisions of the Committee and the reasons therefor shall be transmitted by the Committee to the Applicant at the address set forth in the application for approval within seven (7) days after filing all materials required by the Committee. Any materials submitted pUrStt3nt to this Article shall be deemed approved unless written disapproval by the Committee shall have been mailed to the Applicant within seven (7) days after the date of the filing of said materials with the Committee. The said seven (7) clay period shall only commence to run when an authorized representative of the Committee has executed an application form acknowledging acceptance of such application and acknowledging that sucl, application is complete. G.4 A_4eetinQS of the Committee. The Committee shall meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time by resolution unanimously adopted in writing, designate a Committee Representative (who may, but trot need be on of its members) to take any action or perform any duties for and ou behalf of the Committee, except the granting of variances pursuant to section G.9. In the absence of such designation, the vote of any two (2) members of the Committee, or the written consent of any two (2) members of the Conunittce taken without a meeting, shall constitute an act of the committee. G.5 No Waiver of Puture AuUrovals. The approval of the Committee of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Committee, shall not be deemed to constitute a waiver of any right to witliltold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent. G.6 Compensation of Members. The members of the: Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by then in the performance of their duties hereunder and except as otherwise agreed by the Board. WrSTDAI..r PA R1; - 14 n b.7 Insuection of Work. Inspection c-~f work and correction of defects therein shall proceed as follows: C.7.1 Upon the completiur: of any work for which approved plans are required under this Article, the Owner shall give written notice of completion to the Committee. 6.7.E V<'ithin sixty (CO) days thereafter, the Committee or its duly authorized representative may inspect such improvement. If the Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such non- compliance with such sixty (60) day period, specifying the particular noncompliance, and shall require the Owner to reined}- the same. G.7.3 If for any reason the Committee fails to notify the Owner of any noncompliance within sixty (60) days after receipt of the written notice of compliance from the Owner, the improvement shall be deemed to be in accordance with the approved plans. 6.8 Non Liability of Committee Members. Neither the Committee nor any member thereof, nor its duly authorized Committee representative, shall be liable to the Association, or to any Owner or Grantee for any loss, damage or injury arising out of or in any u~ay connected with the performance of the Committee's duties hereunder, provided such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct:. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result in the immediate vicinity and t.o the Property generally. The Committee shall take into consideration the aesthetic aspects of the archite.etural designs, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be respor-sible for reviewing, nor shall its approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. 6.9 Variances. The Committee may authorize variances from compliance with any of the architectural provisions of this Declaration or any Supplemental Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions. when circumstances such as topography, natural obstructions, Hardship, aesthetic or environmental considerations may require. Surlt variances must be evidenced in writing, must be signed by at least two <2) members of the Committee, and shall become effer..tive upon recordation in flee Office of the County Recorder of Ada County. If such variances are granted, no violation of the Restrictions contained in this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect to the matter for mhich .the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this DF~c.laration or of any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof, covered by the variance was granted. The granting of such a variance shall not operate to waive any of tPte terms and provisions of this Declaration or of any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall it affect in an}• way the Oumer's obligation to comply with all governmental laws and regulations affecting his use of the premises, including but not limited to zoning ordinances and Lot set-back lines or requirements imposed by any governmental or municipal authority. ARTICLE VII ANNEXATION OF ADDITIONAL PROPERTIES 7.1 Annexation. Declarant presently intends to develop other neighboring properties and may, in Declarant's discretion, deem it desirable to annex some or ali of such other properties to the propert}• covered by this Declaration. The annexed properties may, at Declarant's sole discretion, be used and developed for any purpose allowed under appropriate zoning regulations. Such other properties may be anrrer.ed to the Property and brought within the provisions of this Declaration by Declarar-l, its successors or assign, at any time, and from time to time, without the approval of au Owner, the Association or- its Coard of Directors provided that the FIiA and the VA, or the IIUD representatives thereof, determines that the annexation is iri accordance u~ith the general plan heretofore approved by them. As such properties are developed, Declarant shall, with respect thereto, record a Supplemental Declaration which shall annex such properties to the Property and which may supplement this Declaration with such additional or different covenants, conditions, restrictions, reservations and easements as Declarant, and FHA and VA, or the HUD representatives thereof, may deem appropriate for the other properties or portions thereof and may delete or elim' a as to such other properties such covenants rtions, res iction~, res~rvati~ns and easements t arc cant' _ ercin wl-ich Declarant and FIIA and VA. or the I - s-nnt~tive thereof, deem not appropriate ~` W1'STT1A1 r P~ RF; - ~ 1 ~ ~ for tl~c other properties. 7.~ Additional Properties. Subject to the provisions of .Section 7.1 above, upon the recording of a Supplemental Declaration as to other properties containing the provisions as set forth in this Section, all provisions contained in this Declaration shall apply to the added properties in the same manner as if it ~ecre originally covered by this Declaration, subject to such modification, changes and deletions as specifically provided in such Supplemental Declaration. The Grantees of Lots located in the other properties shall share in the payment of assessments to the Association as provided herein from and after the recordation of the first deed of a Lot within the added properties from Declarant to an individual purchaser t liereo f . 7.3 Procedure for Annexation. T'he additions authorized under Section 7.1 above, s}rall be made by- filing of record a Supplemental Declaration or other similar instrument with respect to the other properties or portion thereof, which shall be executed by Declarant of the Oumer thereof and shall extend the general plan and scheme of this Declaration, The filing of record of said Supplemental Declaration shall constitute and effectuate the annexation of the other properties or portion thereof described therein, and thereupon said other properties of portion thereof shall become and constitute a part of the properties, become subject to this Declaration and encompassed witlrir~ tl~e general plans and scheme of covenants, conditions restrictions, reservations and easements and equitable servitudes contained herein as modified by such Supplemental Declaration for such other properties or portion thereof, and become subject to the functions, powers and jurisdiction of the Association. Such Supplemental Declaration may contain such additions, modifications or declarations of tl~e covenants, conditions, restrictions, reservations or easements and equitable servitudes contained in this Declaration as may be deemed by Declarant and FHA and VA, or the IiCiD representatives thereof, desirable to reflect the different character, if any, of the other properties or portions thereof or as Declarant acrd PHA and VA, or the 1IUD representative thereof, n-a}' deem al~ipropriale in the development of the properties or portion thereof. ARTICLE VIII EASE11tENTS 8.1 Maintenance and Use Easement Between VFalls and Property Lines. The Association or owner of any lot shall hereby be granted an easement of 5' width on the adjoining /"~ properties for tyre purpose of maintenance of fence and/or landscaping so long as such use does not cause: damage to any structure or fence. 8.'' .Other Maintenance Easements. Easements for installations and maintenance of utilities and drainage facilities are reserved as shown on the record plat. Within tlresc easements, no strt.rcture, planting or oilier material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage Char1I1C1S in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, eecept for these improvements for ~ehich a public authority or utility company is responsible. ARTICLE IX GENERAL PROVISIONS 9.1 Enforcement. The Association or any Owner, shall have the right to enforce, by the proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens acid charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 9.? Severity. Invalidation of an} one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. 9.3 Interdretation 'The terms, covenants and conditions hereof are to be read and interpreted consistently and in a manner to protect and promote Property values. 9.a Term and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless an instrument signed by seventy-five percent (75~) of the then Owners of the Lots has been recorded, agreeing to change said covenants in whole or in part. This Declaration may be amended, restated, replaced, terminated or superseded during the first twenty (20) year period by an instrument singed by the President and Secretary of the Association affirming that such amendment was approved by tu•o-thirds (2/3) of ttre Owners ll'~STT. 11.1- T'.~1'}' ~ ~ of the Lots covered by this Declaration or b}- an instrument signed by two-thirds (2/3) of the Lot Owners; provided, however, that if Grantor i.; still the Owner of any Lots the provisions of Article VI may not be amended without the written consent and vote of the Grantor. ARTICLE X DECLARATION OP ~- SOLAR COVENANTS, CONDITIONS AND RESTRICTIONS ---- WHEREAS, th Boise City Cod requires that private restrictions e r e with subdivision plats which provide a the same level of solar access protection as required under ~~,yL the City's solar setback and new development solar access /(l/~wtp~j fj~ design ordinances. ~2"' N '~~Zd NOW THEREFORE, in recognition of the economic and l'"~ v environmental benefits of solar energy use, Declarant desires to provide for the preservation of solar access in the subdivision and to that end desires to impose, in the form of covenants, conditions, and restrictions running with the land, a general scheme of solar access protection upon the ownership, use, and occupation of all lots therein which shall be binding on all parties having any right, title or interest in the described properties or any part thereof, their treirs, successors and assigns, and shall inure to the benefit of each owner thereof. SOLAR ACCESS DEFINITIONS A. Exempt Tree: Any preexisting vegetation as defined in Article II, Section L3 or any r-egetation included on the list of solar friendly vegetation kept by the City of Boise's Public Works and commu Wily Planning and Development Departments. B. Front Lot Line: The line represented by the conrrectiort of the most distant corners of a lot, including flag lots, where said corners are in common with the boundary of a public or private road. For corner lots, the front lot line is designated on the plat. C. North Sl~t~e: The gradiE•nt. in percent slope, from tl-e average finished grade of the front lot line of the shade restricted lot to the average finished grade of il~e solar lot line of a solar lot. The slope must be downward or decreasing in elevation from south to north. D. Restricted Vegetation: A tree or other vegetation which is either- evergreen. or if deciduous, tends to retain its leaves late in the fall and/or drop t1~em late in tl~e spring, or has a dense branching pattern which generally tends to block a high level of the suns rays during the heating season. Refer to tl~e list of "solar friendly" trees on file with the Boise City Public Works and the Community Planning and Development Departments. E. Shade: That portion of the shadow cast by the sl-ade point of a structure or vegetation which exceeds the ll..i foot fence at the solar lot line at solar noon, January 21. P. Shade Point: That part of a structure, tree or other object, on a shade restricted lot, wl-ich casts the longest shadow (the most northerly shadow) when the sun is clue south on January 21st at an altitude of twenty-six (26) degrees above the horizon, except a shadow caused b}' a narrow object such as a chimney, antenna, utility pole, mire, etc. G. Shade Point Hei~lit: The vertical distance ar height measured from the average elevation at the solar lot line to the shade point. If the shade point is located at the north end of a ridge line of a structure oriented within 45 degrees of a geodetic north-south line, the shade point height computed according to the preceding sentence ma}> be reduced by 3 feet. If a stri.rcture has a roof oriented within 45 degrees of a geodetic east-west line with a pitch which is flatter than G feet (vertical) in 12 feet (horizontal), the shade point will be the cave of the roof. If such a roof has a pitch which is 6 feet in 12 feet or steeper, the shade point will be the peak of the roof. H. Shade Restricted Lot: Any lot within the subdivision that is southerly of and adjacent to a solar lot. These lots have some restriction on vegetation types and structure height. I. Solar Friendly Vegetation: A tree or other vegetation which is included on tl~e solax friendly vegetation list kept by the City of I3oise's Public Works and Community Planning and Development Departments. I. Solar Lot: A lot which has the following characteristics: 1. The front lot line is oriented within thirty (30) degrees of a geodetic east/west bearing; 2. Tl~e lot to the immediate south has a north slope of ten (10) percent or less; 3. Is intended for the construction of an above ground inhabited structure. K. Solar Lot Line: The most southerly boundary of a solar lot: the line created by connecting the most distant souther•1}> corners of the solar lot. ll'rSTn/11_F rn.rl: - ~ i ' ~ L. Solar Setbae:k.s: The miui.mrrm distance, measured perpendicular in a southerly direction, from the center of the solar lot line to the shade point of a structure or to restricted vegetation based upon its height at maturity on the shade restricted lot. ARTICLE XI SOLAR ACCrSS CO\JrNANTS CONDITIONS AND RESTRICTIONS A. Shade Restriction: Lack lot ~<<ithin the sr:rbdivision which is classified as a Shade Restricted Lot shall have the following restriction: Any structure or restricted vegetation (solar unfriendly) cannot cast a slradow higher than an imaginary fence 11.5 feet above the solar lot line on solar noon of January 21st when the sun is at an angle of 26 degrees above the horizon. This sun angle at noon on January 21 causes structures, vegetation, and other objects to cast a shadow twice as lone as their height. The height of the shade point of a structure orr the shade restricted lot is limited to 19 feet at the 15 foot rear yard zoning setback in order that the 11.5 foot high "solar fence" at the north property line of the S}iade Restricted Lot is riot exceeded. These standards assure that a structure built to the 15 foot rear yard zoning setback, on the Solar Lot located to the north. will not be shaded more than 4 feet above grade on its south wall on January 21 at solar noon. B. Fre-Existin¢ Vegetation: Restricted vegetation (solar unfriendly), which existed when the subdivision was platted is exempt from the provisions of these covenants, conditions, and restrictions. Any lot which would be shaded beyond the allowed shade limit by suc:)r ti°egetation shall not be classified as a Solar Lot. C. Slope Exemption: Any lot with arr average finished grade slope along the north-south lot dimension greater than ten (10) percent shall be exempt from the terms and conditions of these covenants, conditions and restrictions. D. Solar Setbacks: Each separate structure and item of restricted vegetation shall have a solar setback dependent on and calculated by its shade point height. All shade restricted lots shall have the following solar setback: Solar Setback (in feet) _ {Shade Foint Ileight (in feet) - 11.5'} x 2, 'Table 1 below shows a few examples of solar setbacks for given shade point Heights: :, TABLr 1 SOLAR S)/TBACKS REQLi I RED FOR A G I VEN SIIAUi; POINT IIE I GIIT Shade Point Solar Height Setback 10' p' 15' 7• 20' 17' 25' 27' 30' 37' E. Solar Friendly Veeetatiorr: Certain vegetation is considered "solar frierdly: and is not restricted in regards to location on individual lots. Such vegetation is deciduous, dropping its leaves during early fall and regaining them during late spring. Such vegetation also has sparse branching which allows a high level of sunlight to penetrate through. This growth cycle produces shading during summer but allows sun to penetrate during winter. A list of acceptable solar friendly trees is maintained by the Boise Cit}- Public Works and the Community Planning and Development Departments. ARTICLE XII SOLAR ACCESS RIGHT'S, DIiTIE:S AND RESPONSIBILITIES A. Solar Access Riithts: The owrlf'r(S) of solar lots shall have a right to unobstructed solar access in accordance with these covenants, conditions and restrictions. Q. Solar Access Duties: The owner(s) of auy lot shall not build, install, or otherwise allow a structure or non solar friendly tree on that lot to cast more shade at their solar lot line than permitted under these solar access covenants, restrictions and coriditlons. IN WITNESS WHEREOF, the Grantor has executed and acknowledged this Supplemental Declaration effective as of the day and year first written above. 14~[~S'T'h,1Lfi I' ;I2I; - . 7 '~ . r~ MAX A~~BOESIG>vR, INC., an Idaho Corporation By ll4ax A. Boesiger Jr. , F • sident STATE OF I DAITO ss. County of Ada ) On this ~~~ da~~ of v.~~( , 1993, before me the undersigned, a Notary Fublic n and for said State, personally appeared MAX A. BOESIGER IR., known or identified to me to be the President of Max A. F3oesiger Inc., the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the sauce. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day grid year in this certificate first above writte +,,~~~o~~~~~B OF , jcti ~~, ~e 4., '1~` ++ Not y Fublic for Id o ~'~~;• '~AR~' Z Residing at Boise, I aho __ " My Commission Expires: •'~ -~ ~ .u. a ~~ • 4 w r ~ ,^~ s ni '~.~~ ~ 8 ~O F~~ ~.•`~ OFFICIALS WILLIAM G. BERG, JR., Clty Cterk 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 Chist W.L. "BILL" GOROON, Police Chief WAYNE G. CROOKSTON, JR., Attorney COUNCIL M S RONALB... ~.J~~mA MAX VERRINGTON ROBERT 0. CORRIE WALT W. MORROW 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 Planner 8 zoning Administrator Phone (208) 888433 • FAX (m8) 887.4813 ~ECE~~ED JIM JOHNSON Public Works/Buildin8 Department (208) 887-2211 Chairman • Planning b Zoning GRANT P. IuNGSFORD J l1 I. 2 g 1~9~t "'8''Or CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Juiv 26. 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Westdale Park Subdivision No. 2 BY:Max Boesiaer LOCATION OF PROPERTY OR PROJECT: West of Cloverdale Road and North of Franklin Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORO, 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 /'~ .~'~ HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM b FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELJM & FINAL PLAT) U.S. WEST(PRELJM b FlNAL PLAT) INTERMOUNTAIN GAS{PREUM dt FINAL PLAT) BUREAU OF RECLAMATION(PRELJM & FINAL PLAT) CITY FiL,ES OTHER: YOUR CONCISE REMARKS: ~. SE' . ,'LERS' IRRIGATION DISTF,.~;T P.O. BOX 7571 • BOISE. IDAHO 83707 PHONE 344-2471 f#E~~IVI~i~ AUG p 1 .1994 CITY ~F C~~~,19rr-,~v July 29, 1994 Hubble Engineers 9550 Bethel Court Boise, Idaho 83709 ATTENTION: BRIAN SMITH ~-- ~ / RE: Drainage for Crossroads and Westdale Park #2 Subdivisions Dear Brian: Settlers Irrigation District recently received plans for Westdale Park subdivision #2 which included drainage calculations. In my conversations with the engineer, Jim Merkle, he indicated that the drainage from W estdale Park would go through Crossroads' storm water drainage system and into the Settlers' canal Southside. In November 1993 Settlers sent a letter stating our position that we would not accept any drainage from Crossroads subdivision. We have received no further information regarding the drainage plans, but construction is well under way. I have tried several times, unsuccessfully, to contact you by telephone but I would appreciate a response from you regarding this matter. Again, Settlers' position is that no drainage water from urban develoaments will be accepted into the system The Board realrzes that pre-development drainage did enter the Settlers system; however, there is a vast difference between the quantity and the quality of agricultural vs. urban drainage water. The EPA's rules and regulations have made it prohibitive for the District to accept this water. Please contact me at your earliest convenience at 343-5271. Sincerely, ~'~-~ Troy pshaw enclosure cc: City of Meridian, Planning & Zoning ^ ~ ~CEI'~'E~ .! U l 2 9 i~94 ~i'Y OF ME~YDIAN 'Yla~si~ia. & ~1~entdCa~c ~Ivugat~aac ?~caficiet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Max Boesiger 6479 Glenwood, Suite A Boise, ID 83703 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Pressure Urban Irrigation Systems - Rental Roll Lands-- Annexation -_Westdale Park Subdivision and Proposed Westdale Park. Subdivision No. 2 Dear Mr. Boesiger: Through conversations with both John Anderson and Donna Moore at the Irrigation District, we have been able to determine that you are proposing to develop a subdivision called Westdale Park Subdivision No. 2, which appears to be in the Meridian City jurisdiction for planning and zoning. I had sent you two letters earlier concerning pressure urban irrigation systems and water rights that are relevant to the Rental Roll lands that the District has jurisdiction for. As I indicated to you in the earlier letters, it would require a relinquishment of the water right and a simultaneous annexation of the lands to the Irrigation District so that the Irrigation District could own, operate and maintain the pressure urban irrigation system which would be installed according to District specification by you, the developer. I feel certain that the relinquishment and annexation could occur simultaneously; however, there are certain procedures that are required in Idaho law that are somewhat time consuming and I would encourage you to contact either me, or the District's legal counsel, Steve Mahaffy or Bill Ringert and discuss this procedure. It would be in the best interest of both the Irrigation District and you, the developer, to avoid any delay in your development procedures. Page 1 of 2 !~ APPROXIMATE IRRIGABLE ACRES .., _ RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS -40,000 26 July 1994 ~""J ~ ~~ 26 July 1994 Max Boesiger Page 2 of 2 ~~ I have enclosed copies of both of the previous letters and their attachments for your use and consideration of the pressure urban irrigation system and the required relinquishment/annexation procedure. Sincerely, Daren R. Coon, Secretary/Treasurer DRC/dnm cc: File Each Director Water Superintendent Attorney - Ringert Attorney - Mahaffy Meridian City Engineer Meridian Planning and Zoning enc. ~ ~~ HUB OF TREASURE VALLEY - f COUNCIL MEMBERS ~ OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN oBERT D!CORRIE R W GARY D. SMITH, P.E. City Engineer O WALT W. MOR BRUCE D. STUART, water works supt. 33 EAST IDAHO SHARI STILES t JOHN T. SHAWCROFT, Waste Water Supt. or Planner & Zoning Administra KENNY W. BOWERS, Fire Chfef MERIDIAN, IDAHO 83642 iC~ ~ L~"* ~.,' Tffi :f ~"` JIM JOHNSON ` W.L. "BILL" GORDON, Police Chief phone (208) 888-0433 • FAX (208) 887813 j$ 1~ +1~ ~ ;,r hairman -Planning & Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 a e GRANT P. KINGSFORD ^~ ~ ~° - G ~~541 Mayor C~T~ ~~ ~~~.~~~~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26. 1994 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Westdale Park Subdivision No. 2 BY: Max Boesiaer - LOCATION OF PROPERTY OR PROJECT: West of Cloverdale Road and North of Franklin Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PREUM 8t FINAL PLAT) BUREAU OF RECLAMATION(PREUM 8t FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ,~ - -~,~ \~~ A~I RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 2081378-0329 June 20, 1994 Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Westdale Park Subdivision No. 2 Dear Ms. Stiles, ~~~~~~~~ JUN 2 ~ ~y~4 Cif Y ~~ lv~~~~`~-~'-:Si~ On behalf of Max A. Boesiger, Inc., we hereby submit the final plat application for Westdale Park Subdivision No. 2. The final plat of Westdale Park Subdivision No. 2 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 Asst. Project Coordinator i:~finlplat.ltr ~~ ~ N N N N N r w --~ N 0 i O L1~ `y M ~ tD N I' i N ~ A r ~ N ~ N I W ' M J I ' ¢, ~, V -- ~ ~ i In ~ '- ~ N ~I ~ I I ~ ' --N --~ 1 N N N ~ ~j N ; In N tp N n N N N O N M 'd c0 A ~ i'~ ~, RE~~:~'?~£D REQUEST FOR SUBDIVISION APPROVAL FINAL PLAT J ~''1 l ~ ,` `~`~ ~ PLANNING AND ZONING COMMISSION i t.: R~~. - -v ' ~ ' Cl 1 li L r t's;,..,.:rL'a~'a1~ 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 regulaz meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will heaz 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 aze received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION 1. Name of Annexation and Subdivision, Westdale Pazk Subdivision No. 2 2. General Location, SW 1/4, SE 1/4, Section 9, T.3N., R.lE., B.M., Ada County 3. Owners of record, Cazol M. Marshall Address, 225 10th Ave., San Francisco, ,Telephone (415)387-0910 California. 94118 4. Applicant, Max A Boesieer Inc. Mr. Max Boesiger Address, 2447 S. Vista Avenue Boise, Idaho 83705 _- 5. Engineer, James C. Merkle Firm Hubble Engmeerin¢, Inc. Address, 9550 Bethel Ct., Boise, ID 83709 ,Telephone „(208)322-8992 6. Name and address to receive City billings: Name: Applicant Address: Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 12.15 2. Number of Lots: 39 3. Lots per Acre: 3.2 4. Density per Acre: 3.2 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 azeas No Explain NA 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 X Water Supply X Fire Department X .Other Sanitary Sewer Explain 13. Type of building (residential, commercial, industrial, or combination) Residential 14. Type of dwelling(s), single family, duplexes, multiplexes, other Single Familv 15. Proposed development features: a. Minimum squaze footage of lot(s) 6,500 Sq. Ft. b. Minimum squaze footage of structure(s) 1,500 Sq. Ft. c. Are gazages provided for Yes squaze 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 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 pazking been provided for No Explain N/A k. Value range of property $120 000 - $150,000 Type of financing for development Standazd m. Protective covenants were submitted No Date Future 16. Does the proposal land lock other property No Does it create enclaves No ~ ~ • 9. Are there proposed recreational amenities to the City No Explain N/A 10. Are there proposed dedications of common azeas No Explain NA For future pazks No Explain NA 11. What school(s) service the azea Meridian Do you propose any agreements for future school sites No Explain N/A 12. Other proposed amenities to the City X Water Supply X Fire Department X ,Other Sanitary Sewer Explain 13. Type of building (residential, commercial, industrial, or combination) Residential 14. Type of dwellings}, single family, duplexes, multiplexes, other Single Family 15. Proposed development features: a. Minimum squaze footage of lot(s) 6,500 Sq. Ft. b. Minimum square footage of structure(s) 1,301 Sq. Ft. c. Are gazages provided for Yes squaze 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 g. Sprinkler systems aze provided for Yes h. Are there multiple units No Type Remazks N/A i. Are there special setback requirements No Explain N/A j. Has off street pazking been provided for No Explain N/A k. Value range of property 5120 000 - 5150 000 Type of financing for development Standazd m. Protective covenants were submitted No Date Future 16. Does the proposal land lock other property No Does it create enclaves No STATEMENTS OF COMPL lCE: 1. Streets, curbs, gutters and sidewalks aze to be constructed to standazds as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. is ~formisubapp.mer .~ ~ ~`'~ ~`~ RUBBLE ENGINEERING, INC. \~ y 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 2081378-0329 Project No. 94009 May 24, 1994 DESCRIPTION FOR WESTDALE PARK SUBDIVISION NO. 2 A PORTION OF THE SW1/4 NE1/4, SECTION 9, T.3N., R.13., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the SW1/4 of the NE1/4 of Section 9, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the brass cap marking the section corner common to Sections 3, 4 and 10 and the said Section 9; thence South 0°13'37" West 2652.00 feet along the Easterly boundary of the said NE1/4 of Section 9, which is also the centerline of North Cloverdale Road, to an iron pin marking the one-quarter corner common to the said Sections 9 and 10, also said point being the Southeast corner of Westdale Park Subdivision, as filed for record in the office of the Ada County RecoEder, Boise, Idaho in Book 62 of Plats at pages 6301 and 6302; thence North 89°21'21" West 1342.28 feet along the Southerly boundary of the said NE 1 /4 of Section 9, which is also along the Southerly boundary of the said Westdale Park Subdivision, to a 2-inch galvanized pipe marking the Southwest corner of Lot 19 of Block 3 of the said Westdale Park Subdivision, also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence continuing North 89°21'21 "West 1342.28 feet along the said Southerly boundary of the NE 1 /4 of Section 9 to a brass cap marking the Southwest corner of the said NE 1 /4 of Section 9; thence North 0°47' 11 " East 394.70 feet along the Westerly boundary of the said NE1/4 of Section 9 to an iron pin; thence South 89°21'21" East 1340.35 feet along a line Northerly of and parallel with the said Southerly boundary of the NE 1 /4 of Section 9 to an iron pin W. Dale Pk. Subd. No. 2 Page 1 of 2 Project No. 94009 May 24, 1994 marking the Northwest corner of Lot 19 of Block 2 of the said Westdale Park Subdivision; thence South 0°30'24" West 394.70 feet along the Westerly boundary of the said Westdale Park Subdivision to the point pf beginning, comprising 12.15 acres, more or less. ' Prepared by: NUBBLE ENGINEERING, INC. .~ a~- .; , JCM/DTP/GLR/mf/526.des D. Terry Peugh, P.L.S. i ,~'4 W. Dale Pk. Subd. No. 2 Page 2 of 2 ...~. rGL ~•~-~-. .+.-., .,.~~ ,,.-,.~. n. r..,s~~.v~r., a,~..... ~vvv.,~ C / L REAL ESTATE ~O11~/`~"""-~ V ,~pURCHASE ANb SALE A(ipEEMENT ~ ' (CONTINUiD) RISK OP LOSS. Should the Property bo materially damaged by 11re or other cause p-i0r to cloetng, unless 9uyer has taken possession prior to closing by t5 9 ~~ . Agreement. (hie igroamenl shall b0 voidable at the option of the Buyer. ~~ r tA. CONDITION OF PROPERi'Y AT CLOSING. Buyer agrees to purchase the Properly in 2S to condition, where ie, Niln all faults. Buyer wdl assume all ob iga• Seller shall maintain the property until the Closing In its present COnditi0n, oroinary wear and tear excepted, 2nd toss try Propert th i i 89 90 y e on t ~ bons with respect to casualty. The healing, ventilating, air condttbning, plumbing, olevalore, loading doors and electrical systems shall oe In present operating order and cond 9 at the time of closing, untass otherwise agreed to In writing. G7 acknowledges further That Buyer has not received Or relied upon Arty statements or representations by the Broker ar Broker's r hereb Th i B b d 83 y uye e ta ne ~ 17. INSPECTION. the Seller which are not herein expressed. The Buyer hag entore0 Into this agreement retying upon Intormalion and knwrtedge o D i 95 y ves or representat from Buyer's own lnvesligation or personal inspection of the premises. ~ ADD17tONAL PpoVIStONS. Additional provisions of this Real F~tate Purchase and Sale Agreement, if any, are attached hereto try do addendum Consisting Q te 88 . e~ or Pa9eB• 8u er AGENCY DISCLOSURE. At the time of signing this agreement the agent working with the Buyer represented 19 98 . and the agent working with the Seller represented Seller .. .Each party signing this document confirms that prior rovided to them in this lransacl'bn, Each party to this transaction has read and understands the Contents of the agency n was f 99 ;1X1 p cy age written disclosure o disclosure brochure previously received. NAWKINS ~ CANNAR~A~__,. Belting Agency: Managgment Services Corool'gtibn 102 I_isling Agency: __ Tale By; _r--__ 7ele _„ ~-- t03 Sy: ~.,. 20. ENTIRE AGRElMENT. This agreement, Including any addendums or exhibits, constitutes the entire agreement between the parties and no warranliea, In- 104 chiding any warranty of habitability, agr®ements or representations nave bAen made a shall be binding upon either party untass herein set rvrth. 105 106 21. TIME 1S OF THE ESSENCE IN THlS AGREEMENT. THIS t8 A LEQALLY t31NDINQ AGREEMENT. If NOT UNDERSTOOD BUYER AND SELLER ARE ADVISED 1'O SEEK THE ADVICE OF C0IMPETENT LEGAL y 6 COUNSEL. MAX A. BOESIGER INC. Buyer's Address 6479 Glenwood Suite A 109 Buyer: 6oise, Idaho 837• 0~„^, tt0 ~ Buyer's Telephone 2.OB~BS3'-~-- 111 9uyer: _ A HA . , - Seller's Addres8 112 salter: CAR l• M. $~ ~ranclsco CA 94118 tt3 Baiter: ~~i 1 ~_~e~~ Seiler'9 Telephone 415-387-0910 tie •~, Ab~ENDUM Buyer shall have right to extend this purchase agreement closing date to OC1 or before 115 ~JUne 30 1995 rovided that Bu er delivers to Pioneer Title n 'additional Ten Th.. ur,~sand 118 dollars tier to June 30, 1994. In the event Buyer does not c1QSe on or before tune 30,117 1994, the purchase price shall- be Two h ndred Forty Five Thousand dollars ($245.OOQ~00~18 All morales aid shall be non refundable there beln at the d[soosal to Seller once- tt9 delivered to Pioneer Tttie. The on anal 5000.00 earnest mone shall oral a 1 to ,20 the rchase rice of $220 000 if the eu er Olose~ on or before curie 30 1994 h ld 12t Buyer extend the clod date to on or afore June 30 1995 prat h~ at~di i 1 1n $10 000 earnest more sl't~tll a 1 to th increased urc se rice f 245 00. t23 Seller shall have ri ht to enter into ills IRS 10-31 xG d assi hi a r 1za to accomodate said exc however closin shall not be dale ed . S ld B r tzs proceed to close eu er shall ive Seller no less thailr thi 30 days pri>Qr hliro'ltte~ 12s 127 notice. --` FEB23 '94 14:15 PAGE.002 ~JyL! 'a. TG. ir~~ ~~i:.~~~:~Y F ~~~~~.1~- ;~? 1, T: rKd~~'~ ~.. , ~` ~~ ~ 1w~. w ~+~'~!-. . b 1f .'~ ~ •K 't~ '' h , ', ~' ..C, r: tit:; +?:;. 44 •.~,~ ~ .: ' ~o~ v iv$ Ksc~=v~o,;' or+'z~ ~b..~ aia:aria' • ;.,~:,• ~ , yr` .,~ ,; •'~• , ~. ~ •G. ~. ~ f.:. r ~•, husband and wide, ~tha•.GrantcsS~:~do:`?israby',;=g~~n ~,~~~ '-,',x~";,;'• convey unto CAROM. IdAYBR MA7i5ft11L-Ly' ~ d ° ehi~ ''~. s~tparate account and as eeparate;'prapei:ti~,~ kl,'ie~;,Gi~a_ • address is 225 10th Avenue,' San • Fxasicisco•,' :Calitosa' 4 fir. ~ ~ !~,;ti•~~kr,y• • foil.owiny described premises, to-wit: '~ ~. = , y .i ' A tract of land in the S 1/2 NE 1/q of i5activn~.9;'•: u ". . T. 3 N., R. 1 E., g.M., 7-da County. ~Idahoi; moss 'pax-~. ' ticulaarly described as follows: •' ~ ,', ''" ;.. •. '', •' `, ;~'` ~,,.~~'.,"tip;;' beginning at an iron pipe narking the east:oi:e-q`uarkE: corner of section 9, T. 3 N.~ It 1 ~., B.M.', Ada-Couatiy,. xdahu. •°'• .'~~•~ Thence North along t17e section line, 394.70 feat to •'` , ~- r,:.':~ a point; ~ ~ - , '1'hc:nce N. 89°34' Sl" ~P., 2680.87 fsot to a Steel' pin'. on thc~ north-:+outh mid-section line of said Section 9; ' Thence S. U°34'15"tl., along said mid-section Zine, :.~ ~~•~;~~ y• 394. G9 fc°ei• td ~. brass cap marking the center of said ' ' •'r` ,.,,. • • ,. `avC~lOn 9; . '1'i~~ncu 5. 2J°34' S3." L•'. along t11e ea~;t-west mid••section Li!u,, aG84.!!0 teat to the point of beginning. ,aia tract cuntains 24.31 acres mots or less, subject to vAbE'.iRCn1:~r of record or in use, and subject to a ,~ road easement across the easterly Z5 feet of the above=.;..;;,: descxibc~d tract which is presently occupied by Cloverda~,e,•~• !toad and contains 9867 square feet X0.2265 acres). mots.'.:;;::;'',. ~. or leas. ' ,,; Togather. with all water and water rights, ditch and ^':~•.;,;: ditch rights ahpuYtenant thereto. ~ ~ '~`~ TO fiAV~ J-Np TO BOLD THE SAID PIt.:MISES, with their..;appurR,;i t~enariees unto the sa1.d Grantee, her heirs and ,assigns: fo~e`~ei ~Ar- The sa:d Grnntar,~ do hereby covenant to and .with tt..~:~said.,Grari~.ee,~: .~.(• Y~• that they are the owners in £se simple o! said ~~premise~; •~ehat` •,::•~~". . - :-?yi` ;r •y ti7U2ltA~TY DtiED-1 z• d ., .: ~ - ~.: ~ : ' :~"~:.r"~ '~.'~° • ~'r ~'"~"~ 3'llI1 21~3fJ0~d Wd9E • ~0 •,t G . t' T ~Ht ~• ~7t~ ' 39dd 9E66 b8E 8Oz .. ~ • r Y~I• r'f~',%' .r:f:~ • ~.h~+:i:l.T'~''~d.~ r 7 i i/~ ~fi~~~~ 4 ~•!.,~.,~"~~~ .C f, ~'' eels prsmiass are ~~C4s lieom .wll',`essaumbra~o a; 1 ;jay ~+~.t:r. 'f,t .1~•.: r>.'iij~'~`} 'r~l~`r• 'Yr,ai' j:y' i ;,i••~ ~'„{, 1 `5' iaf •I,;j~„`. ~, ••1~ irk •. ."{. •~ .:Y~l *'N••A A,•:,Z{~. i~~.. C •~'t "••~{I ," .. '' ~`"• ~ •O~ i'40O~dI`,'~An~ ~t.~1ati'•,th'~fl,}~; war,~aq~t~ar-d;~dif•dd ~: is .all' n~awtui.'eiai:ns what.esvar. •"~~.: '~•7~ •' ~';yf;.4'~;~ , a• •aT ~ •,• ~ •~•'': v =' ~ "'.~'.s yam' '+i.`1„ n':~••'^r`,Y,'~• ~., . , •Dated•' t1-is ~ ~ •• ••'~ dad.; :., pp' ~t9 B 4~ •1 t.~~~l,• ~ ,! .f ~~• .'V15.;•'`. i.1SilLd•~••~ r r• . 9E~VI b6f ri dHLI ,. Dais D. i son ., '.5...,.- : :,• •~,,X:,~. •M 'a •` ..~~M Paaaela Y Y. Gibaoa •;n•. ;;';~~ • ,.v; t. yry.~• ~, ,, { STATE OF IDAHO ) :;~~., ''•;.a •, . ~~ •,~•''` nK •~ ~ • Caunty of Ada ? • ' •~~ +'r~ • On this_ ~ day t ~ , 1980, before iae, the '~ `~~~; • ;~;; undersigned, a'T~~ora~ry pubs xn and or said state, pe~rscnaliy •~•.•`'~•;:::: appeared DAi.E D. GIBSON an PAI~I.A I . GIS5ON ~ known to me to be '~~'~~~~ f + . the persons who3e mimes are subscribed to the Foregoing instrvmeat"-~,,:':~ .i;.; , • and acknowledged to me that they executed the same. ~ •;:re;~fa~s, Iiv WITNE85 wHS:iEOFa X have hereunto set my hand and seal '~ %•' on the date and year last above written. .~~~~~~••~ ..:.;~. ,. ~~ ~. N,uta 1 c for Idaho,;; - ~• `•~'~~~ :~;.• ' •'~tesi ng at Bois rhoi% .i ,•:,• • xy Commission xpire~ .• ~' _ • ~ a , ' y.' •! :: tCAM, ~,~t!1;r OI R9A, f1 5va~~G~ ~ 1 u: ~ ;~~' ;. { r 7 "f M,tD•d i11;•t tl ial5~ C{ /~/M~' l! ~~ •: ~ :.4g OQARliANTY DEED-Z END i£ ' d ANEidWOO 3"11I1 a33N0I d WdLE : ?0 bb • r ~ .~Hi .~ +~ ~ T VI' IYICtilUlA1V "Hub of Treasure Valley" .-~ 33 E. Idaho Meridian, Idaho 83642 888-4433 customers -~ Order No. Date ~~~ ~ ~ 19 Name Address Phone: SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT cat . - r ~~ I C~.~ c ~- I I I I I I All claims and returned goods MUST a accom anied by this blll. ~ TAX 0 0 2 4 8 7 Bycei TOTAL ~~ l,~~lUl~l V PRINTED IN U.S.A. MAX A. BOESIGER, INC. CONTRACTOR & DEVELOPER a y~~ S• - ~/!5 BOISE, IDAHO 8393' $•3'IvS N°_ ~ - 8097 WEST ONE BANK,IDAHO BROADWAY OFFICE (35) P.O. BOX 7098 BOISE, IDAHO 83707 92-1/1241 PAY THREE PUNDRED EIGHTY DOLLARS AND NO/0 0-------------DATE A M O U N T r , 6-20-94 I$ *380.00* TO THE CITY OF MERIDIAN ORDER OF i 11.000809 711' ~: 1 24 L000 L 9~: L L00 3 5 L8 7 28611' ~~. ,.~' 3J L 7~ ! 16 nnGL~~. ADA COUNTY ZC i , BIRNEY ~ URVEY NO.i~' i ~ s i .-~ ~"~ HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk T I JANICE L. GASS, City Treasurer CITY OF MERIDIAN CORR E ROGER D. GARY D. SMITH, P.E. Cily Engineer WALT W. MORROW BRUCE D. STUART, water works supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner & Zoning Administrator KENNY W. BOWERS, Flre Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief , Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON Chairman - Planning R Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 26, 1894 TRANSMITTAL DATE: 7/11/94 HEARING DATE: 8/2/94 REQUEST: Final Plat for Westdale Park Subdivision No. 2 BY: Max Boesiaer LOCATION OF PROPERTY OR PROJECT: West of Cloverdale Road,and North of Franklin Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, CIC WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: /'~ ,~., ~, ~9. ~/ URV RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 June 20, 1994 Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Westdale Park Subdivision No. 2 Dear Ms. Stiles, 208/322-8992 ^ Fax 208/378-0329 RE~~~~~ SUN ~ ~ t~~~- ~~~ ~ On behalf of Max A. Boesiger, Inc., we hereby submit the final plat application for Westdale Park Subdivision No. 2. The final plat of Westdale Park Subdivision No. 2 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 5ve (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 Asst. Project Coordinator i:~finlplat.ltr Hub of Treasure Valley" 33 E. idah~ ^ Meridian, Idahc X842. 888-4433 Customers Order No. Name Address ~n~ '' SOLD BY ~ 1 t ~ ~~ ~- ~ Date ~ 2 AID OUT ~ 19yy ^ ~~ ' I I I I I I I I I . I I 2 ' I I I I I All claims and. returned goods MUST. a ccompanied by his bal. TAX ~ 0 0 2 5 6 Byceived 1 TOTAL ~~ GS 202 2 PRINTED IN U. TRACEY PERSONS 7372 OBSIDIAN 208-362-5952 BOISE, ID 83709 ~ay to tie order o~ ` ` WEST ONE B NK, IDAHO ®. FRANKLIN ROAD OFFICE 83 POST OFFICE BOX 8537 BOISE, IDAHO 83707-2537 ~or t(IMA~~M .~_~ 1632 ~~ 92-vtza~ ~~~ ~ ~ ~, /00 ~oP,~rs c:L24i000L9~:LL000099i20Lil' 0632 ~ - - ~ ~ - _ ~ '~ ~ _ ~ ART/STIG CHECKS'° • 1~224~ti2i ~• eR,isNT SKIES _ n ~'~' ~N~.N ~~~ HUBBLc ENGINEERING, INC. • • s55o W. Rachel court • Boise Idaho 93709 (2os) 322-s992 • Fax (2os) Sys-a~2s ,< ~yl ~eNSU1TTeL LETTER Attn: ~~ j DATE `~ , -j . ~ 4 Job No.: Project: ~L~'l~~ ~~~ I~D~ ~' WE ARE SENDING YOU: _ As Requested ,~C Attached _ Under Separate Cover Via FOR YOUR: Use _ Record _ Information _ Review and Comment _ Bidding _ Cost Estimating THE FOLLOWING: Prints _ Plans _ _ Specifications _ Shop Dn~wings _ Samples _ Copy of Letter Copies Date Sheet No. Description "l •'1.9 ~4 N . ~ REMARKS: C t ~ ~ ~ 1' ~ ' q ~ ,V L'1.'G.~'1 ~ ~ `~ KK',Sn ,~ ',C,y a ~. ~ ~ ~. ~ U.7 ~ ~ Y~J~.K NJ~I ~~ Q. kl~-K., V l ~ ~. ~~ 1~~~ ~{-~,u c ud • ~f u ~c~ t C2 ,~ Copy To: _ With Encl. _ With End. With End. ~~~~ . Signed: TOTAL MILES: 'TOTAL TIME: ~ TIME DELIVERED: ~ RECEIVED BY: _N Letter of Credit International Banking Department 101 S. Capital Blvd., Boise, Idaho Post O1Tce Box 8247, Boise, Idaho 83733 Telephone: 208-383-7600 Fax: 205-383-7363 Telex: 262542 Answerback: WEST ONE BK IDA West One Bank, Idaho 1~I -'- BANK .$ ~~ •~ z '~<o City of Meridian ~~ 33 E. Idaho Avenue ,, Meridian, Idaho, 83642 Irrevocable Standby Letter of Credit No.: 7359S . ~ Dated: December 7,...199.4 ~, 0 d Expiration Date:- Decelber I, 1995 _. ,~ ~~ At Our Counters ~ Dear Sirs: 0 - •~ t~ We hereby authorize you to draw on WEST ONE BANK, IDAHO,,BOI,SE, IDAHO 83733 o For account of Max "A.'Boesiger,>Iricr, 244.7 S. Vista, Boise, ID '~ 83705. a M .~i Up to the aggregate. amount of USD6,6Q0.00;'(SIX THOUSAND STX HUNDRED AND NO/.1.00 U. S. DOLLARS) available by your draft(s) at sight aeeompanzed by the following documents: C: The original of this Letter of Credit for endorsement. w A statemen purportedly signed by an authorized individual .a of the` City of Meridian as follows: "Max A. Boesiger, Inc. J has failed to 0. perform or is in default. on the installation ~ of street lights at; We<s<tdale Park<Subdivison Phase No. 2." Partial. drawings are permitted. 0 € All drafts drawn must be marked: DRAWN UNDER WEST IDAHO, LETTER OF CREDIT`;NO._7359S. ONE BANK, 0 We $ereby agree with drawers of drafts drawn under and in compliance with the terms of this credit that the same shall be duly honored on due presentation to the drawee. ,, s Y Y b 6i _yy~ t4 d o. k Y v O II. v V k 47 ,~uthorizc d J~gtt~swm -- - ---- CR00513 (8-89) Auth xed - - we(nso-mcctsnytlonal Benklnp DePahnanl's Fik ... t~ e .~4~ r. ~~`~~~zJIG COPY ~~~ DEC 1 2. ~~~~ CITY (~F p~~l~il)tAI~ Letter of Credit West One Bank, Idaho International Banking Department ~~ 101 S. Capital Blvd., Boise, Idaho ~ Post Office Box 8247, Boise, Idaho 83733 Telephone: 208-383-7600 Fax: 208-3837563 BANK Telex: 262542 Answerback: WEST ONE BK IDA 0 0 n Z ;~ ~pp F. Gity- of Meridian ~ 33 E. Idaho. Avenue Irrevocable Standby o Meridian, Tdaho $3642 Letter of Credit No.: 7358S w -„ .~ Dated: December 7, 1994 '~ Expiration Date:-December 1, 1995 d At Our Counters. ~: ~ d Dear Sirs: d s •~ _We hereby authorize you to draw on WEST ONE BANK, IDAHp, BOISE:, ;~ IDAHO 83.733 ~, a For account of Max A. Boes<iger Inc.', 2447 S. Vista, Boise, ID ~ 83705. Up to the aggregate amount of USD38,599.00'(THIRTY EIGHT`THOUSAND `FIVE HUNDRED NINETY NINE AND NO/100 U. S. DOLLARS) available by w your draft(s), at sight accompanied by the following documents: >„ ~~ The original of-this .Letter of Credit for endorsement. o. b A statement purportedly .signed by an authorized individual of the city of Meridian as follows: "Max A. Boesiger, Inc.. has failed to perform or is in default on the ;installation>, of pressurized irrigation at Westd,ale Park Subdivision<Phase '~ No. 2." 7 d '~ Partial drawings are permitted. s '.:All drafts drawn must 'be marked: DRAWN UNDER WEST ONE BANK, IDAHO, LETTER OF CREDIT N0. 7358S. t ~ We ,hereby agree with drawers of drafts drawn under and in 'd compliance with the :terms' of this credit that the same shall be b `duly 'honored on due-presentation to the. drawee.. d v n. x v v 0 0. v u x Lsl x_ ~~~~ Authorised Signap CR00513 (8-89) C~.-n._.-- ~--' Orlyinal Yal GoldenropbgACkno^wledgems~yM~ ~7Y ~~ 1\., ~Cr lr1 lum's Copy pink-Lentlinp Untt'e Copy Green-InktrnNlonel Benklnp Dapartmenl'e flb Copy ~~~~ D E C l Z 1994 CITY OF A~~~~D1AI Letter Of CredZt West One Bank, Idaho International Banking Department 101 S. Capital Blvd., Boise, Idaho ~(~~ Post Office Box 8247, Boise, Idaho 83733 ~7` Telephone: 208-383-7600 Fax: 208-3837563 ~K Telex: 262542 Answerback: WEST ONE BK IDA o O b z City of Meridian a ~, 33 E. Idaho Avenue Irrevocable Standby ~~ A Meridian, Idaho 83642 Le ter of Credit No.: 7,3705 .. a `' v -Dated: December 15, 1994 o Expiration Date: August-1, 1995` 0 v At Our Counters v Dear'Srs• C ~~ We hereby authorize you to draw on WEST ONE BANK, IDAHO, BOISE, ~. F IDAHO 83733 d For account of Max A. Boesiger, Inc., 2447 S. Vista, Boise, ID 0 83705. ;~ d a Up to he aggrega a amount of USD22,435.00 (TWENTY TWO THOUSAND` FOUR HUNDRED THIRTY FIVE AND NO/l00 U. S. DOLLARS) available by your draft(s) at sight accompanied by the following documents: The original of this Zetter of Credit for endorsement. b A statement purportedly signed by an authorized individual of the City of Meridian as follows: "Max A. Boesiger, Inc. •a has failed to perform or is in default on the nstallatiort% a of fencing and landscaping for Westdale Park,Subdiv sioru Phase No. 2." Partial drawings are. permitted. A11 drafts drawn must be marked: DRAWN UNDER WEST ONE BANK, ;, IDAHO, `LETTER OF CREDIT`N0. 737OS. 0 ;; We hereby agree with drawers of drafts drawn under and in compliance with the terms o;f this credit that the same shall be ~ duly honored on due presentation to the drawee. L .5 v a r •o d 5 y _T F . R. X. Y .~ v O d v x 47 X `___,. ~ _. " - Auth~xi~ed Sil;nature . ~ AuthonzedSlgnature CR00513 (8-89) y j"g - - ~ i~~~ E Oripinel YNlow-AppllgnYe Copy Pink-l erWing UnH's Copy Goldsnrotl-Aekno bd ' t , w gement Grosn-Intemetlonel Banking DepsrlmeM e Flb Copy