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Bridgewood Condos PP CUPWILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C L G ENN R. B NTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY 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 Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 6. 1996 TRANSMITTAL DATE: 7/23/96 HEARING DATE: 8/ 13/96 REQUEST: Preliminary plat/Conditional Use permit for Bridgewood Condominium BY: Boise Valley Construction LOCATION OF PROPERTY OR PROJECT: East James Court Drive, 530 feet east of Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT -RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT -CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) -WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) -SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER r. •; M. ~ CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT Boise Valley Construction, Inc. NAME: Dairld Wurtz , President PHONE: 377-9239 ADDRESS: P. O. Box 7573, Boise, Idaho 83707 GENERAL LOCATION: 530 feet east of Meridian Road/E. James Court Drive, south of E. James Court Drive. DESCRIPTION OF PROPOSED CONDITIONAL USE:A replat of Blk. 1 Bridgewood Park Subdivision to divide each four-unit apartment building into four condominium units. ZONING CLASSIFICATION: R-15 PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 30 copies). Boise Valley Construction, Inc, resident Signature of Appl'cant LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by Boise valley construction, Inc. , Dairld for the property generally described as located ~ on Wurtz, President E. James Court Drive, 530 feet east of Meridian Rdy Bridgewood Park SUBDIVISION, BLOCK 1 ,LOTS 1 through 12 TO Y ~ •. _ • 290 North Maple -Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 July 9, 1996 Meridian Planning & Zoning 33 East Idaho Avenue Meridian, Idaho 83642 Subject: Conditional Use for Condominium Dear Meridian Planning & Zoning: ^ We respectfully request consideration. and approval for changing Block 1 of the existing Bridgewood Park Subdivision into a condominium subdivision. A four unit apartment. is constructed on each lot within. this subdivision. This project is proposed to re-plat existing four-unit apartments into four-unit condominiums. It will not increase the number of units, add new right-of--ways or require new construction. It provides an opportunity for the existing tenants to purchase rather than rent, and the cost to purchase is less than the rent. The tenants, mostly single mothers, are interested in purchasing the units they now occupy. The following is to address the general standards applicable to this conditional use request. 1. This proposed project requires a conditional use submittal in accordance with the City's policy and ordinances. 2. This proposed development is compatible with thearea and complies with the Comprehensive Plan. Apartment. buildings exist to the west, north and east of this development with Albertsons to the south. 3. The exterior of the units is vinyl siding which has an excellent service life. The grounds and building envelope are maintained by the project owners. The project character iswell-established and may well be one of the premium projects. The present condition of the units is testimony that this project is an asset to Meridian City. This character will not appreciably change because the standards of the -past will be passed onto the homeowners of the future. Each condominium unit, comprised of four ,privately owned spaces, .will be governed: by an homeowners association consisting of all. the homeowners of the project. The homeowners association will be responsible for the project maintenance and upkeep. 4. The project has not been identified as hazardous or as a disturbance prior to the proposed change. We do not anticipate any problems after,platting. PLS-B~OI 5859 Pacific Land Surveyors, a division of POWER Engineers, Inc,,. an Idaho Corporation • . j Meridian Planning & Zoning July 9, 1996 Page 2 5. Presently the project is served by West James Drive east of Meridian Road_and a horseshoe public roadway named N. Woodford Way, W. Elbridge Drive and N Gladewater Way. All., these streets are public and maintained by the Ada County Highway District. The impact of police and fire services provided by Meridian City should be minimal. The drainage structures and refuse :disposal .should remain un- changed. Water and sewer services to the individual units will remain un-changed. Presently, one sewer and one water service provides service to each building.. This condition will not physically change. The homeowners association will be responsible to pay the monthly charges. The individual homeowners will be responsible to pay the association out of the monthly house payment. Maintenance will be the responsibility of the homeowners association: 6. This project will not create additional requirements at public cost for public facilities and services. The project will not be detrimental to the economic welfare of the community. This project .will allow the very people who now rent these units to purchase them and become owners. 7. This project is constructed. We do not propose to re-build or otherwise alter the existing buildings, landscape, driveways or streets. 8. All units have access to an internal street system which is a horseshoe shape. This internal street is connected to E. James Court Drive at two intersections. Thus individual owners will not be backing into E. James Court Drive. 9. The project over the past two years has improved the appearance of Five Mile. Creek. The present owner. has maintained the creek next to the project and will pass that responsibility to the new owners. Sincerely, PACIFIC LAND SURVEYORS, a di ' ' f PO R Engineers, Inc. o T. (Tom) Eddy, L. S. JTEsmg PIS-BOI SS-359 ~ • P. O. Box 7573 Boise, Idaho 83707 June 12, 1996 Meridian Planning & Zoning 33 East Idaho Avenue Meridian, Idaho 83642 Subject: Resubdivision of Bridgewood Park Subdivision into Condominiums Dear Meridian Planning & Zoning: The purpose of this letter is to provide statements of compliance in accordance with the city of Meridian's ordinance. The streets, curbs, gutters and sidewalks are constructed to the standards required by the Ada County Highway District and the city of Meridian's ordinance. The sidewalks are five feet wide. The proposed use is in conformance with the city of Meridian's comprehensive plan except where modified to allow this condominium project. The development is connected to City water and sewer. It will comply with the City's ordinances. The preliminary plat shows all appropriate easements. The existing street names will remain unchanged. This project does not include any new streets. Sincerely, C ~~~~ Dalrld Wu KLJ/DW:smg PLS-BOI SS-363 • • 290. North Maple Gi•ove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 PROJECT: 549050 DATE: July 10, 1996 DESCRIPTION FOR BRIDGEWOOD PARK CONDOMINIUMS LOTS 1 THRU 12, BLOCK 1 BRIDGEWOOD PARK SUBDIVISION LOCATED IN GOVERNMENT LOT 6 SECTION 6 TOWNSHIP 3 NORTH, RANGE 1 EAST, B. M. MERIDIAN, ADA COUNTY, IDAHO A parcel of 11nd being Lots 1 thru 12 of Bridgewood Park Subdivision, .located in Government Lot 6 of Section 6, Township 3 North, Range 1 East, B. M., and more particularly described as follows: Beginning at an Aluminum cap marking the Northwest Corner of the Southwest Quarter of Section 6, Township 3 North, Range 1 East, B. M.; .thence along the Westerly boundary of the said Southwest Quarter of Section 6, said Westerly boundary also being the centerline of Meridian Road, South 00°25'.30" East 1324.03 feet to an iron pin marking the Southwest corner of the Northwest Quarter of the Southwest Quarter of Section 6; ,thence leaving said Westerly boundary and centerline, and along the Southerly boundary of the said Northwest Quarter of the Southwest Quarter of Section 6, North 88°25'02"East 532.04 feet to a 2" Galvanized pipe with an aluminum cap marking the Southwesterly corner of Block 1 of Bridgewood Park Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book, 66 of Plats at pages 6760 and 6761, said 2" Galvanized pipe with an aluminum cap also being the REAL POINT OF BEGINNING, {Initial Point); therice leaving said Southerly boundary, and along the Westerly boundary of said Block 1, North 00°25' 15" West 432.57 feet to an iron pin on the Southerly right-of--way of E. James Court Drive; thence leaving said Westerly boundary and along said Southerly right-of--way, North 88°34'59" East 94.61 feet to an iron pin. marking a point of curve; thence leaving said Southerly right-of--way and along a curve to the right 31.42 feet, said curve having a central angle of 90°00'00", a radius of 20.00 feet, tangents of 20.00 feet, and a long chord of 28.28 feet bearing South 46°25'01" East to an iron pin marking a point of tangent on the Westerly right- of-way of N. Woodford Avenue; thence along said Westerly right-of--way, South O1°25'01" East 222.08 feet to an iron pin marking a point of curve; thence along a curve to the left 141.37 feet, said curve. having a central angle of 90°00'00", a radius of 90.00 feet, tangents of 90.00 feet and a long chord of 127.28 feet bearing South 46°25'01"East to an iron pin marking a point of tangent on the Southerly right-of--way of E. Elbridge Street; thence along said Southerly right-of--way, North 88°34'59" East 147,00 feet to an iron pin marking a point of curve; thence along a curve to the left 141.37 feet, said curve having a central angle of 90°00'00", a radius of 90.00 feet, tangents of 90,00 feet, and a long chord of 127,28 feet bearing North 43°34'59" East to an irgn pin marking a point of tangent on the Easterly right-of--way of N. Gladewater Avenue; Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation • • thence along said Easterly right-of--way, North O1°25'01" West 222.08 feet to an iron pin marking a point of curve; thence along a curve to the right 31.42 feet, said curve having a central angle of 90°00'00", a radius of 20.00 feet; tangents of 20.00 feet, and a long chord of 28.28 feet bearing North 43°34'59" East to an iron pin marking a point of tangent on the Southerly right-of--way of said E. James Court Drive; thence along said Southerly right-of--way, North 88°34'59" East 93.85 feet to an iron. pin on the Easterly boundary of said Block 1 of Bridgewood Park Subdivision; thence leaving saidright-of way and along said Easterly boundary, South 00°25'04" East 430.97 feet to an iron pin marking the Southeasterly corner of said Block 1 of Bridgewood Park Subdivision; thence leaving said Easterly boundary and along the Southerly boundary of said Block 1 of Bridgewood Park Subdivision, said Southerly boundary also being the Southerly boundary of the said Northwest Quarter of the Southwest Quarter of Section 6, South 88°25'02" West 555.46 feet to the point of beginning, comprising 3.09 acres, more or less. SUBJECT TO: All existing easements and road. rights-of--way of record or appearing on the above-described parcel. of land. Prepared by: John T. (Tom) Eddy, P.L.S. ~ ! ~ ~~ WARRANTY DEED 151:: U(;Ui;, ~~ For Value Received G.L. tlunemiller Constntcrion, Inc•., an l~iaho cotTr,rrttuxl the grantor ,does hereby grant, bargain, eeU and convey unto Cary L. tiuneniller & Helen L. Hun~liller, husband b w?fe the grantees ,whose current address is P.O. Dox 480, Cascade, Idaho 83(,11 the following described premises, is Ada County Idaho, to-w'.t: LOTS 1 - 12, [1LDCK 1 AND Lt71'S 1 - 6, BLOCK 2 OF L'RIDGEFKIOD PARK SUBDIVISION, ACCORDING 10 THE OFFICIAL PLAT TtiEItEOF, FILED IN BOOK 66 OF' PLATS AT PAGE 6760 AND 6761, OFFICIAL RECORD.'i OF ADA COUNTY, IDAHO. ~'i? G5325 ..: • ~~ ~,.a rli~.i i ~.~. ~:, ~~t;!,t3 Tii'LE CO. -- (~~- TO ffAVE AND TO HOLD the said premises, with thrir appurtenances unto the said Grantees , their heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantees , that the}' the owner in fee simple of said premises; that they are frce from all iacumbrancee and that '-hey' wiA warrant and defend the same from al! lawful claims w•hataoever. - Dated : ~ •~ t~lrtx-t ! 0 , ] 99 t r hl-L. :lw~r~~ 1~• ^~~t:ti~„- lnc:. 1 ~/ ~=,b (;,lry ~Hwletn_lier, PrL~ldent STATE OF 1DAH0, COl'1TY OF \'dllev STATE OF IUAHU, CUC\TY OF 7 , On lh~• 10u; daY of \,rvrmha~r . 19 a. I I herby «rufY tdat thin instrument vas 51ad for record at , beforr me, a notary public is red for thr raid State, prr- I LLe roquea of ~ wurlly apprrrrd I ~ Gary L. i!uu~~a:i:iur ~ rt minutespxst o'clock ![., ~ L I.i> day Uf • •~. ::I , :a my a,fia~. and duly teeuniad io tools "~ . ~i IMdrrt Pyle 7+ o to be't8e petyon srhonr name I:a• kmera to ate . subacrihed b the pitLin laatru0eat, and arkno~kdaed to ~ - i E. Undo R.«•order 'ire asrcu4d the rams. ~ ~~ \ ` ' '~ D1 _ I A,iY ~ ~ -I~ ~ ~ ~ u DeD ty. ~" j ~ ~ bltrry PuLlic • ~{, ' • i Fcrr i Srsidins at .. e;a~eu.:aa•~. , llrlw V l 1 Comm. Eapirea ~- y_','.Uil o w: I j • • ' ls~:: vuussu STATE OF IDAFl~ ) ss GO[3dPY CF AOA ) `, sL.,....... . On This • day of I~OVFI~IDFR, 1J1 the year 1994, befare me, a Not~ty kl7b~ - in and far said State. P~uY aPl~~ GAi2Y k H1~1~II~8, • aac ':', identified to me to be the pc+esident of the Oorparatian that ¢~aea:t 'tl~g ~. 3nstS~erlt ar the pecsan tbo e~oawted the i~meat on bels~,fi i6f . said, Oc~paratian, and aclmwledged tc eB that sur3s Ocr~atian mmwte~i • ~ ~°3r, • Fubita of iaatn C~Idutcl PeeidiaJ at ee3se~--Iaeba- a®ise3,on Eapises: ~ b ki `~ .. - k " a9: • ~~ Oro« tic. ~J -T L ~ - /1'T tL • WARRANTY DEED fOR VAWE hECErvEO C,IUtY 1.. IilM9i1f1d'~t AIO 11tf L. IIU~!?LL1J.IJt, Irs;siard ad vita GRANiUR(s), does,do) hereby GRANT. BARGArN SELL anJ CONVtI „nli ~.yhLI,EY»17~'II~Ie_y,QC..: an...l6ahD- mepotnfo~ GRANfEE(SI. wnose current address Is P.O. Booc 7573 Boise, 1d 83707 the IollOwing dtSCnbed real properly in Add Courny. $lale ul IderW. more partrcWarly descnbe0 as toltows. 10 wn lots a, s. 6, a 7 BLOC]c 1 oP BRmc~arD PA10C sienrvtsui+. Amrmnc iD T1tE omrLU. PLAT '1fi~F, ITIL® 1N BCYIt: 66 OP PLA75 Ai PK$ 6760 A!O 6761, OYPICL91. !~S OP 11116 ti~t6TR111~1ENT FlLED ~OI1 11Efl0i1D 611 FNIST At AN piLY. R 11A6 lldT 6161 EXAIIMItfD A8 TO IT1 E%ECIRION OR A8 Tp IT>3 /1FF6CT81JPON TlIE 11 TL! TO HAVE ANU TO HOLD the sold premises, with iherr appurtenances unto the SarO Grantee(s), and Grantee(s) heirs and assigrs forever. And the sold Grantor(s) dces(dol hereby covenant to and wqh the said Grantee(s), that Grantor(s) Is/are the owner(s) In fee simple of sold premises: that Bald premises are Tree Iron all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, sintered Or done by the Grantee(s): and subject to reservatwns. restrictions. dedlcatwns, easements. rights of way and agreements. (8 any) of record, and general taxes and assessments. (Including ungaUOn and uullty assessments, d any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and delend the same from all lawlul ~IaimS whatsoever. Dated: ~~//V1.tf / iC:fGCa~~G...~CC4 , !~+ ~f - ~~Y/'i~~~ie. ~~61 GAH1C L~ MxJ[2tILLER (TELE2rl L. F~ILL[3t STATE OFD c,+~ t,; rLt] . County of IdL~ , ss Gn Inrs ~ nay of '' ' Q.~ __.- m me year of ~~ Delore ma me unoe•sgneo a •ror+~ y GPu~D~I~~G~ m~ an010r sa~A Stale. Der50na~~11yy appeare0 _ h t}tlirer uyI(J Ne[-rr L..~j1LnIIt1iAP.L- now or Wemdied 1o me 10 be the persons wnose nart~e ~_ SuDSC riDtO to Ina w~lnm in51/umenf. dno aCMnowleOgeJ IC -e In rl ~t~_?•eculeo me ~eme '~ .'ReS~a~ng -R My c@r m~•y,on e.p~r es P- ~ t f O m . ~1^~ ~As.Q ;r.w o• r-. „~~ Tnls tc~m lurnisned courtesy of ',a-,~T TITLE OF IDAHO, Inc 95C87G72 FIRS f A;>.icF;tG; :;~ TITLE CO, ... ul.': I' .. ;Y':.F:RU aotsE i~ '95 NuU 29 fl('I 1 5 ~oo FEE ~ REC6!t)~:; '.~ . Vt. r.~4UcST -'t3tc~ -~~s ~ ..,. y~ , G~~rI For Value Received lU:~lUUlU31 Q 7 I T C L A I M D E E D GARY L. HIRJFTIILLIR and tff7.FN L. MINEMII.L.EI2, husband arcs wife do hereby convey, relE~ase, remise and forever quit claim unto EDGAR R. BARNEtT and 101ItFN R. BAidJETP, husband and wife 2063 N. GLADB+mTER AVF2iUE, MERIDIAN, ILtAtiO 83642 the following described premises, to-wit: Lot 11 in Block 1 of Bi2IDGF3i00D PARK SUBDIV.rSION, according to the official plat thereof, filed in Book 66 of Plats at Page 6760 AND 6761, Official Records of Ada Oounty, Idaho. 95075585 Ail. G':. ?-EGORDER . DA;I- ,".;:!AFRO BOISE ~~~ TITLE CO F:R~? AbgERICAN '95 OC.1~~1~7J fl~ ~ 2 RECOkLEC ..1 IE flEGUESi OF together Wlth their am ~rtn.w Gated: GAFY t :~~ L. MJN STATE OF II]AF10 ) UCcU¢~ ~ ss COUN'PY OF 3~G- ) On this 13 day of (x-t06~v1~ 1995, before me, a notary public in and for said State, personally appeared GARY L. HUNII~IILL[R and Y.fT.EN L. ttUtJFMILLl32 knotm to me to be the persons whose names were subscribed to the within instnmient, and aclaioWl .tiY'tAa.~at they executed the same. _ /~ ~ „OTA,~ ~t -: Public x '• ~.~ Y v ~ Residing at~#ea CCaSccacS:+z, ~ ~ ~, ;~ n- +G ~ * - ponmission Expires: 5 --a..7 -q I -°~4Te .. -iv ~~ ~eriean Title Company of Idaho t i NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on October 15, 1996, for the purpose of reviewing and considering the Application of Boise Valley Construction, for a Conditional Use Permit for land located in Lots 1 thru 12, Block 1 and Lots 1 thru 6, Block 2 of Bridgewood Park Subdivision, Boise Meridian, Ada County, Idaho, and which property is generally located at East James Court Drive, 530 feet east of Meridian Road. The applicant requests a Conditional Use Permit for a replat of Block 1 Bridgewood Park Subdivision to divide each four unit apartment building into four condominium units. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 25th day of September, 1996. WILLIAM G. BERG, JR., CI ERK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on October 15, 1996, for the purpose of reviewing and considering the Application of Boise Valley Construction, for a Preliminary Plat for land located in Lots 1 thru 12, Block 1 and Lots 1 thru 6, Block 2 of Bridgewood Park Subdivision, Boise Meridian, Ada County, Idaho, and which property is generally located at East James Court Drive, 530 feet east of Meridian Road. The applicant requests Preliminary Plat approval of the parcel of land above described for 48 condominium units for Bridgewood Condominiums. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 25th day of September, 1996. -~ WILLIAM G. BERG, JR., I CLERK 1' ~~ t ~--I Q a i ~ 4 13 c9 ~•.;~. \ -~ n 'SQ l 15 16 i W 4_T~ L 24 2 3 ~ 8 c f_ ~ . 19 ~ ~ 3 I 1~ 19 m Ip3p .\\ 2 la ~ ; ~'-- E. GROWN BEAR Sr ~- 1 ~ 2 13 20 17 _ j-- ._-- 1 ~ ~ t 1. ~ ~ ~ la iy ~6 I7 IA ;9 _ i 20 Z ~ 16 y~ r ~l.: i ; .• .. . ~'~' ~ • __ .-_ ~ -: 7 R O ,~ ;~ x`` ~ ~ 1 .; a I~ 5 m p O Q ~ j i ~ 2 ~ ys G I, ~ .~~ ` '\ ~1 J Y 3 ~ o ~ Z \ 3 4 ~~ Q F c_aafcce ; 4 ~~. ~~~r p t / j 1 b ! ;p,i3~i4 IS 16 17 18119 ,~~~~~~~• ~ ~ ~~' ~ b~ 53 S2 f 2 3 4 Q 16 I ~ 22 \ / \ ~~,` ;~~' ~ IS .2 > 23 ~ '~ . Q t .S L ~ Q 2 4 ~ SS SI _ 3 Q 2i ,~m \~~~, f ~ ~ 3 4 ti ~ W ~ 49 12 S 26 Q Q ~ 48 ~. > 27 m ~ / ~ 6 4745 s~~'O II 10 7 l.Z.1 29 ' 1 / ~--~ IVY R /~'~/~ S,9 g 8 m 30 ~ v ~~1 ;i ~_ - ~3 2 O O 31 - . Z ~ ' 4 I ~ ~ Z 32 ~ \ ~ f~\~~ +'~ .! ' ~ 33 '1 ~ 9 ` \ • 8 \ i 1 ; ~ ~~~~~0~~~• ~7 ~ B A Fi ~. ~ 'C+ •1 I ~ P r - ,, ~, ., _ ~ ~.. - ~ - -i - - - ti - _ ~_ - __ A s • ~~ ~- - ~_~._ .._ ___~ r _._ __._ -.. _ ._..__ .... ___ ....__ -._ __ _. . _. .____ 2 7 `~\ ~ 1 i awl w I • ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on August 13, 1996, for the purpose of reviewing and considering the Application of Boise Valley Construction, for a Conditional Use Permit for land located in Lots 1 thru 12, Block 1 and Lots 1 thru 6, Block 2 of Bridgewood Park Subdivision, Boise Meridian, Ada County, Idaho, and which property is generally located at East James Court Drive, 530 feet east of Meridian Road. The applicant requests a Conditional Use Permit for a replat of Block 1 Bridgewood Park Subdivision to divide each four unit apartment building into four condominium units. A mare particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 24th day of July, 1996. WILLIAM G. BERG, JR., ITY CLERK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on August 13, 1996, for the purpose of reviewing and considering the Application of Boise Valley Construction, for a Preliminary Plat for land located in Lots 1 thru 12, Block 1 and Lots 1 thru 6, Block 2 of Bridgewood Park Subdivision, Boise Meridian, Ada County, Idaho, and which property is generally located at East James Court Drive, 530 feet east of Meridian Road. The applicant requests Preliminary Plat approval of the parcel of land above described for 48 condominium units for Bridgewood Condominiums. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 24th day of July, 1996. WILLIAM G. BERG, JR., LERK Fist American Title Company ^ 7311 Potomac Drive • Boise, Idaho 83704 • (208) 375-0700 • Fax (208) 322-5597 ^ 1101 West River Street • Suite 170 • Boise, Idaho 83702 • (208) 344-5888 • Fax (208) 344-1495 Pnepwty Pnabi2e Prepared for: Tom Edy Packfic Land Surveyors 296 N Maple Grove Prepared for you by: Elishia/melisa Your Success is our FIRST Concern Record Owner: Property Address: Legal Description: owners for property surrounding Bridgewood Park Sub Enclosed copies attached: ^ Ylat Map ^ Last Deed of Record ^ Deed of Trust and/or Mortgages ^ Covenants, Conditions and Restrictions Please designate First American's Professional Staff for all your Title Insurance and Escrow Needs. This title information is furnished without charge, in compliance with the guidelines set forth by the State of Idaho Insurance Commissioner, and without full ex- amination of record title to subject premises. No liability is assumed for any errors or inaccuracies in this or in the information obtained from various offices that is set forth herein or attached hereto. ~ AME R f S 1~ ~~9 3 • ~, ~~;t AMER~~ 9 ~~ ~ PFMD01 96 M A S T E R U P D A T E Parcel 87039000370 Cade Area 242 Type Qty Name SCHWERD CHESTER D 150 3.160 Buyer C/0 Address 245 HERON MERIDIAN ID 83642 - 0000 Last Change : 89/10117 By A5R_MAP Legal PAR #0370 OF LOTS 1 2 3 & 4 J E PFOSTS SUB #8947309 01492000001A 3N 1E 06 Total • 6/13/96 6:58:29 Value ACTIVE 31600 Bank Code Lien Code Prepaid L.I .D. Bankrupt Sub .Code Annexation *NO 31600 Exemption Hardship 0 Property Zoning R1 Flag Address 00000 BLUE HERON ID D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax Alt-Z FOR HELP:' VT100 3 FDX ~~ 9600 N82 3 LOG CLOSED :~ PRINT OFF 3 ON--LINE ~ y F 2 PFMR02PUE3 96 N E W M A S T E R U P D A T E AMERICAN 6/13/96 Parcel 87039000704 Code Area 242 Type Qty Value ACTIVE Name DORADO DEVELOPMENT INC 210 .642 28000 Data From Master BUYer Bank Code C/0 PARAGON COMMERICAL GROUP Lien Code Address PO BOX 7248 Prepaid L.I.D. BOISE ID Bankrupt 83707 - 1248 Sub.Code Last Change ~ 96/06/10 By ASR_WENTZ Annexation *NO Total 28000 Legal PAR #0704 OF LOT 4 J E PFOSTS SUB Exemption #0610-B Grp 000 Typ 000 Ap 01492000003E 3N 1E 06 Hardship Property Zoning C-C Flag Address 00000 N MERIDIAN RD MERIDIAN ID D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: F2=Select F3=Exit F10=Tax Alt-Z FOR HELP:3 VT100 :~ FDX 3 9600 N82 :3 LOG CLOS ED ~~ PRINT OFF ~'~ ON-LINE • ~Lt A MERI ~~ - C 9 4 '~ ..~,. 1.,~~, ;,r_:~ P•! ~.. I;J M ~; ~~. r~• L_1 1=' C~ r^-i T ~" F'?ME~RIC:~ ~N ~~,~) ?!fit!, r':;.1"~;:~r.~~. ,~ia3~ar~a?:l.a Cnr:~^:. ° ." ~' TyPr~~ Qi;; t~Ja1t.! ~ INr'~t:T~G~~>~ P•~~ir1~W- (-i~PEN HILLS L..T~J PARTNERSHIP ~'~0 _"_' .c~;C.i<, 1 ~2~~aa ~~t:~ ~:-~.<~rn E 1. ~ ; _~ r° 1. ;! ~:..1 SUITE #Zaa ~aISE. IG ~~~a~ •- aaoa r _ ~~ a r., ~ r yt ...- r s. ~, ~ -, - 1, . ~a?.., :3 : ~.~:rr r-, ~~i~;ia T;~}~s c::~aa A~~ ;., ~,~~ ~ ~ ~`~t:~(.~~~wiC~ P•d 11F~°F~ ,~ i~, 7E`~f•; ;~ ~; h1:";' I[;~:[ ~°~f•d Ii~~ -l 'y' ~'~ ~ I F'•. s" ~i 1.. F; c'- J, J ~. ~ ~' F~ I M f~ ~; `i Gl ~~; ~~ ~::~ P•! 0 N ~- 0 ii C- h1a~t,~'r ~;~rl~; ~qc~•; Pr-~P~ci L.I.C?. u ca. r'i ~: 'r~ U P t =~ Stab .t"rca E,:~iri~atic~rr F 1 ~,. -~ t~.:D. Action= ,'3.1.t: ~Wi~,..; i-~F.L...' ~ '~JTJ.a~:~ u' ~_"~~' ~ t:~~~~~a hl~~~~' w? 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C:l._u~;~Lt ,..,.. ~-.1 r~ -r a r= ~_ ~~ ~~i ra _.. ~. z r~ ~. ~3 •.~ A M F; R ! ~S 4 y2 PFMD01 96 M A S T E R U P D A T E Parcel 87039000605 Code Area 242 Type G1ty Name BARRETT JACK E & DORIS F 200 .190 Buyer C/0 Address 2250 N MERIDIAN RD • 6/13/96 7:01:51 Value ACTIVE 1900 Bank Code Lien Code Prepaid L.I .D. Bankrupt MERIDIAN ID Sub.Code 83642 - 0000 Annexation *NO Last Change 94/06/13 By : ASR_ MOUSER Total 1900 Legal PAR #0605 OF LOT 3 J E PFOSTS 5U6 Exemption #0600-5 #9333027 01492000003A 3N 1E 06 Hardship 0 Property Zoning C-C Flag Address 00000 N MERIDIAN R D MERIDIAN ID D.D. TYPe 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax Alt-Z FOR HELPS VT100 ~~ FDX ~~ 9600 N82 ~~ LOG CLOSED 3 PRINT OFF 3 ON-LINE ~9 ~~'.~ A M E R ~ ~ ti 9 4 ~ PFMD01 96 M A 5 T E R U P D A T E Parcel 87039000630 Code Area 242 Type Oty Name SCI5COE MICHAEL P & CYNTHIA 150 .410 370 Buyer 990 C/0 Address 2210 N MERIDIAN RD MERIDIAN ID 83642 - 0000 Last Change : 95/11/29 By A5R_KINSH Legal PAR #0630 OF LOTS 3 & 4 J E PF05TS 5UB #0650-5 #93104560 01492000003D 3N 1E 06 Total • 6/13/96 7:02:16 Value ACTIVE 22500 146500 Bank Cade FRE 50000- Lien Code Prepaid L.I.D. Bankrupt Sub.Code Annexation *NO 119000 Exemption Hardship 0 Property Zoning RT F1ag Address 02210 N MERIDIAN RD MERIDIAN ID 83642-0000 D.D. Type 1 REAL Rall 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit FS=Carrected Notice F6=Letters F10=Tax Alt-Z FOR HELPS VT100 :.3 FDX :.~ 9600 N82 :3 LOG CLOSED :.~ PRINT OFF 3 ON-LINE •.~ AMF:R J ~S 9 ~C1 2 :7 PFMD01 96 M A S T E R U P D A T E 6/13/96 7:02:56 Parcel 87039000660 Cade Area 242 Type Qty Value ACTIVE Name ANGEL ROGER R 1/2 INT AND 150 .540 25000 STEVENS PROPRTIES LTD PTNRSHIP Bank Code Buyer Lien Code C/0 CONSOLIDATED PROPERTY MANAGE Prepaid Address PO BOX 2666 L.I.D. Bankrupt BOISE ID Sub.Code 83701 - 0000 Annexation *NO Last Change : 95/11/29 By : A5R_KINSH Total 25000 Legal PA8 #0660 OF LOT 4 J E PFOSTS SUB Exemption #0650-5 #94101811 014920000048 3N 1E 06 Hardship 0 Property Zoning C-G Flag Address oaao0 N MERIDIAN RD MERIDIAN Ip D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Selec t F3=Exit FS=Corrected Notice F6=Letters F10=Tax Alt-Z FO R HELP~3 VT100 ;3 FDX :3 96aa N82 :.3 LOG CLOS ED :~ PRINT OFF 3 ON-LINE y ~ 2 PFMR02PUB 96 N E W M A S T E R U P D A T E AMERICAN 6/13/96 Parcel 87039001066 Code Area 03 Type Qty Value ACTIVE Name JAMES COURT ASSOCIATES 160 8.970 92700 Data From 380 1244100 Master Buyer Bank Code C/0 Lien Code Address PO BOX 7899E 5T PrePaid L.I.D. BOISE ID Bankrupt 83707 - 1899 Last Change ~ 95/06/01 By ASR RICH Legal PAR #1066 OF LOTS 5/b EXC R/W J E PFOSTS SUB #1065-B 014920000050 Praperty Address 00000 JAMES Type 1 REAL F2=Select F3=Exit Alt-Z FOR HELP~~ VT100 Total 1336800 Grp 000 Typ 000 Ap 3N 1E 06 Hardship Zoning R-15 ST BOISE ID Roll 1 PRIMARY Occ. 0 NON--OCC F10=Tax Sub.Code Annexation *NO Exemption Flag D.D. Action: :.~ FDX ;3 9600 N82 W~ LOG CLOSED ;3 PRINT OFF ~~ ON-LINE S'.~ A M F: K ! 9 ti~ ' C 4 ~ • • PFMD01 96 M A S T E R U P D A T E Parcel 87039001060 Code Area 03 Type Qty Name BROWNING DON & BARBARA 150 .330 370 Buyer BARTHOLOMEW KELLY FAY 990 C/0 Address 1990 N MERIDIAN RD- MERIDIAN ID 83642 - 0000 Last Change : 96/06/12 By : ASR2_GOMBS Legal PAR #1060 OF LOT 6 J E PFOSTS SUB #96039585 01492000006A 3N 1E 06 Total 6/13/96 7:04:22 Value ACTIVE 19900 66300 Bank code 33150- Lien Code Prepaid L.I.D. Bankrupt Sub .Code Annexation *NO 53050 Exemption Hardship 0 Property Zoning R-15 Flag Address 01990 N MERIDIAN RD MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit FS=Corrected Notice F6=Letters F14=Tax AIt--Z FOR HELP;. VT100 ;3 FDX 3 9600 N82 3 LOG CLOSED ~~ PRINT OFF :3 ON-LINE i~ C~S,~ AMER~~ ti 9 ~ 2 PFMD01 96 M A S T E R U P D A T E Parcel 51106336012 Code Area 242 Type Qty Name EVANS LEONARD W & DORIS B 120 .410 340 Buyer 990 C/0 Address 1970 N MERIDIAN MERIDIAN ID 83642 - 0000 Last Change 95/11/29 By ASR_CHADWL Legal PAR #6012 OF 5W45W4 SEC 6 3N 1E #336010--6 03N01E066010 3N 1E 06 Total u 6/13/96 7:12:47 Va•1ue ACTIVE 22500 82200 Bank Code GEM 41100- Lien Code Prepaid L.I.D. Bankrupt Sub.Code Annexation *NO 63600 Exemption Hardship 0 Property Zoning R1 Flag Address 01970 N MERIDIAN RD MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 Action F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax Alt-Z FOR HELP;3 VT100 ~~ FDX ~~ 9600 N82 :.~ LOG CLOSED :'~ PRINT OFF 3 ON-LINE ^ ~~ ',. ~„~ ~~~ ACCOMMODATIOi~' ' CORPORATE W~-RRANTY DEED 2Ua1U®0353 `~~ _ _ fir[' . READ AND APPROVED BY FOR VALUE RECEIVED, PIONEER INVESTMENT, INC., an Idaho corporation, a corporation duly organized and existing under the laws of the State of Idaho, grantor, does hereby Grant, Bargain, Sell and Convey unto LAWTOP ENTERPBISES L. C. whose address is: 207 RANCH DRI9E EAGLE, IDAHO 83616 grantee, the following described real estate, to-wiC Lot 17, Block 1, LA PLAYA I'IANOR ESTATES SIJBDIVISION, according to the Official Plat thereof, filed in Book 70 of Plats at Page 7187 and 7188, Official Records of Ada County, Idaho. SUBJECT TO current years taxes, irrigation disUict assessment, public utility easements, subdivision restrictions and U.S. patent reservations. ' TO HAVE AND TO HOLD The said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in a fee simple of said premises; that they are free from all encumbrances and that it will warrant and defend the same from all lawfulclaims whatsoever. IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of bireclors has caused its corporate Warne to be hereunto subsmbed by its. President this --f= day of , ~,~[~~ ,1996. ^ 96041370 _ Pioneer Inv stment, I ~~Oi'lh"_Efi T~TL~ By: Walter P. Kirb Pres ent App ~~ %'• ';ECORDER .i. uA': i:i 'i;~YAF;RO _ ~ ~.c BOISE ID By: Shirley it y, S ret '96 (9ilYo 6 P19 3 5G FEE -• RECOR;Ti.D f.l TI!ti Y.i UE 7 OF „~~ . STAx'~bh'IISj\'Ii~C), '~~' ) ^~. . :rte '., • Dn~~'f~~~~ day of , in the year 1996, before me, a Notary Public in and for said State, pcrsonally~appearct~.WAkTE~i P. RBY AND SEIIRLEY B. KIRBY, known or identified to me to be the PRESIbEi~fl' AND,,SELRETA Y of the Corporation that cxccutcd he instrument or the persons who cxccutcd the. instrument ori'liclialf of said Corporation, and acknowledged to me t at duch Corpor, i n e~xe~uted the same. (. Gctit_ ~.., CUlZ~1 Notar Public of Idaho Residing at Boise, Idaho First American Title Company o f Idaho .t . ~ ID / HVVVmmv~.+r.~ ~.r. .''s , ~' ^' ~' CORPORATE WARRANTY DEED ~U210~~35~ -' -. READ AND APPROVED Blr ~-~ FOR VALUE RECEIVED, PIONEER INVESTbfENT, INC., an Idaho corporation, a corporation duly organized and ex•sGng under the laws of the State of Idaho, gantor, does hereby Grant, Bazgain, Sell and Convey unto LAWTON ENTERPRISES L. C. whose address is: 207 RANCH DRIVE EAGLE , IDAHO 83616 grantee, the following described real estate, to-wit: Lot 18, Block 1, LA PLAYA lfANOR ESTATES SUBDIVISION, according to the Official Plat thereof, filed in Book 70 of Plats at Page 7187 and 7188, Official Records. of Ada County, Idaho. SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision restrictions and U.S. patent reservations. TO HAVE AND TO HOLD The said premises, with their appurtenances unto the said Graatee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in a fee simple of said premises; that they are free from all encumbrances and that it will warrant and defend the same from al! lawfulclaims whatsoever. - IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of 'Directors has caused its corporate name to be hereunto subscribed by its President this ~_ day of ,_E~ ,199G. 96041371 Pioneer I vestment Inc. ~ ADA CG. ;tECOROEit By: alter P. Kirby, P sident ~• DAYID fl%~/aRRO BOISE 10 ~~ ~ ~ C PIUNEEFt TITLE. By: .Shirley it I, Sere ~96 (7flY 16 P(`I 3 G FEE-..~_ IJi. F . RECORDED ~i 1HF. REQU ST OF .' STA'~'~~OF~I~A4i0: ;' ) . ~: „.~ ~ f' . ss. COUNTY OF Ada ~ • -~ = ) •..• ~ I I , ,~s;. ~- ~ n•This••' ~.z:i)ay of in the year 199G, before ma, a Notary Public in and for said State, pcrsobally appcarc~ WALTER . KIRBY AND SHIRLEY B. KIRBY, known or identified to me to be the PRESIDEIV'I'71ND SECRETARY of the Corporation that cxccutc~}hc instrument or the persons who executed lha instrument on behalf of said Corporation, and acknowledged to E fia such Corporati n cxac led the same. L~ L/ !r2C Notary Pu tic of Idaho Residing at Boise, Idaho First American Title Company of Idaho .a • l y ~ 2 PFMD01 96 M A S T E R U P D A T E 6/13/96 7:00:16 Parcel 51106346625 Code Area 03 Type Qty Value ACTIVE Name BILLINGS CARMEN R AND 210 23.820 238000 BILLINGS DAVID 420 2022300 Bank Code Buyer Lien Cade C/0 Prepaid Address 1317 W FOOTHILL BL #226 L,I,p, Bankrupt UPLAND CA Sub.Gode 91786 - 3684 Annexation *NO Last Change 94/06/15 By ASR_ WEAVER Total 2260300 Legal PAR #6625 OF SE4SW4 SEC 6 3N 1E Exemption #94029687 #94029688 M3N1E0066625 3N 1E 06 Grp 145 Typ 154 Ap Hardship 0 Property Zoning R-8 Flag Address 00700 E FAIRVIEW AVE MERIDIAN ID 83642--0000 D.D. TYPe 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Selec t F3=Exit FS=Corrected Notice F6=Letters F10=Tax Alt-Z FO R HELP~~ VT100 3 FDX :.~ 9600 N82 3 LOG CLOS ED ~3 PRINT OFF :3 ON-LINE /.2 • S,C A M ~; R ~ ~ C • N ~` ~ Pf= MD01 96 M A S T E R U P D A T E Parcel 51106314810 Code Area 242 Type Qty Name HAWE RALEIGH & DIEUW 010 31.540 100 2.000 Buyer 190 2.800 C/O 310 Address 530 BLUE HERON 990 MERIDIAN ID 83642 - 0000 Last Change 95/12/08 By ASR_KTNSH Legal PAR #4810 OF NE45W4 SEC 6 3N 1E 03N01E064810 3N 1E 06 • 6/13/96 6=56:42 Value ACTIVE 23646 38000 Bank Code Lien Code 92700 Prepaid 46350- L.I.D. Bankrupt Sub.Code Annexation *NO 107996 Exemption Total Hardship 0 Property Zoning RT Flag Address 00530 E BLUE HERON LANE MERTDTAN TD 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 Actio n F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax Alt-Z FOR HELP:3 VT100 ;3 FDX 3 9600 N82 3 LOG CL05ED :.~ PRTNT OFF 3 ON-LINE ~3 ~s~ AMN:R,~ y ~` ~- PF D01 96 M A S T E R U P D A T E Par l 51106315300 Cade Area 242 Type Qty Name BILLINGS CARMEN AND 180 .710 ILLINGS DAVID Buyer G/a Address 1317 OOTHILL BL #226 UPLAND CA 91786 - 3684 Last Change : 95/10/13 B ASR MOUSER Legal PAR #5300 OF NE4SW4 SEC 6 3N 1E #94029687-88 03N01E065300 3N 1E Total 6/13/96 6»59:50 Value ACTIVE 1000 Bank Code Lien Code Prepaid L.I .D. Bankrupt Sub.Gode Annexation *NO 1000 Exemption Hardship 0 Property Wing RT Flag Address 00000 N MERIDIAN RD IDIAN ID D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit FS=Corrected Notice F6=Lett s F10-Tax Alt--Z FOR HELP~'~ VT100 ~~ FDX 3 9600 N82 3 LOG CLOS :.~ PRINT OFF :3 ON-LINE ~UL-09-9b 02:08 PM F.p CUSTOMER$VC 3T5099T p,02 •~•• '• •• '• ,• ~„w,•~~~ VVVAR R • NFI -: Q,M N ~~, RN VRL E-••••• .pp iirr!lrlir rL:r^ -Otli N0, t-06960 20i}3 N OLR TER MvE IB19~o76WE5D PRRK 3UB ~NP OVEM1[JNT 1~i;i00 RCRE51 ,:N 0206'1 N GLnOEMRTER NERiDIRN 142 x1305000;0110 3M }~ NDt1~ ONNER iRX VRLIJE 201,100 t~~yt Gsg~~to ue60~ LGNE4 IOSEnEels 9iitC '~.~ED M_a~td .saLe.@azE~eE1CE.. Qc i11NK CHR D~~r~`.11~` 1,000.PO ::r::-::ir rlrr:::::e:sslrrs:.... ,:srr::: ..::::lrlr:::::r:. ~Nk- N LrY• Y NULL TRX s 9 -rsr:a:::,;rerx::::::sr::::rerri::::a:ir::::-;esrex:REF Tw1e ,TOV,V :ill:::::rlls:a:i7ii RR11 t 10 XRR .. }rppPORT TRK•1ii RE ' TAX SIDI;N1LrsL ~ ROPERfY i-RINRRY iRERS (p ECTTON 5Y5TE1 UQCR~$ F.XTE4GFD ROLL !! O~TElltii =-=x::::istrrr:l::sa RIO>l960120 03 NRNE RND hDORE55 ::rilft:::::rrlul::.::.:irt::::xs:::Ir R i :::~~;~Ai uESCRIPTiDN A~SEEs Vn,UHC 3ilS ~ S HUNENtLLtR GRRY L l FIELEN L s_ LOT 12 }LK 1 ' r.::ills:: s :r:eei LRHO vRLUE s.:::rl e::::rritz:zzr IiLL N0. I-069G1 Pp op>( y00 CAS hOk ID 03G ' 6RIDGE : DD T'gRk SLIP MPY105325 INPR~YFN NT NOKE ON ~ 3i, 000 IiS.100 RCRES: ,242 02078 N GLADC•WRiER r1-9 x80 N305000101Z. 3N 1$ 06 N R TAX VALUi: 201,100 i5#~[ 4!iiiUtiD U~66a G LQtlE@ GeStMIENI aIitL M_9ED P..6µIti eB .SBLE.pOIEte61[E,_ ~~~C G E ___ -i:rl::r::-;: ••:: ~:::irr:::::::;:rlt b t I $ FUULL TRz Mp L'>:i000,98 810>99G0130 03 R•If ::::::ee lsl OROSi TONY R t 88181[18 J ::::::::ttx:e:e::;rr, : crcci,rll:: :::::rl:r:::::: LF TRK a Irl:::rss I.SD`F .4! Blll w0. 1 c6962 207b-iE MERIDIAN7l-7~34g20ADFORO Qp ~RIDGEM0002Phi:K Ui ~px'034~sv ~D 0 20 `RND vRlu tNPROVENENi NONE OWNER E2, 600 rl:::l:::rrl:. RCNk5: .=yi 0;D 7y N NOOOKORD Y 5 00 U ~~yiq ~ v ut y E- u.r~/'1/rer/ A 3N tE 06 TAX VRLIIE i18,d00 ; - +NM // ~11 8 JF~~I ~ e@C ~Ui7CI GBDt~NO UiiB¢ 9! r 6 'r 0 igNK NpR LI219E8 @eSEtlEH aC~±.t1DIC L1C ~l E y .50LE_pBI[tE6tLE,_ e¢ G QGE_ ll:::::::::r::::::::: R10799u01 0 si:::::: ::::rs::::::::::rl:::::::::s:: ::::r ~ETALNI:D RNk ~ CP Y FULL TRX RX =Ir ~ ~ 4 03 R-15 NURT2 OI~IRLD 6 L JUDITH R :irt:::::::::r::.. 1.Of 2 BLK E ..-:r:I - -• = i~. ...:: LRND vwLUE rsa:s:sz 31 e87 2 ai=' ---^iru, illi N0. 1-OG9G3 T'U EppX '7573 {R([D EWOOU PnRK SUD R9i0~1G 3 tNPRDVENCNT ,000 RLtt65: .2vi 02062 N IIOOOPORD BOISC 3D 83'03 M905000r~,D020 SN IE 06 HON& VwNER TAX Ur.LUE 36,000 ~~L~~I C8i6wQ UEs~oo LGtlL•¢ @OSEtlEdL 91I1C p_~CO '!_BsItl V .SDLE.GBIEcEt}iCE,_ g¢~GE 6~iMS --:a:l::...:;sr1:i 81079960 :::::srs :l::r:::::::rrl::::::::rrts:::: ::: Nta PULL TRx T J( 1 ep Y6 ~ 150 03 q-45 Pt'T,IGER LUiWIti JR i NRD11 ::sl::``:::::::ISe:::r:.;s::::: ~g T 3 W O E :e::ilrss::s::: g lps~-: :) 3L !!$ ra:::,a= TILL k0. 1-069Gw d408 COLONIRL Dq r p E O O Pnn.K SUD R950~5!'+D-49 ~MPROVEMENf ,000 RCRkie .tv3 0203b N NODDTONO BOI L 1D 83709 M30500020o'SO 3H IE 06 NON[ uwNtR TRX .BLUE $1.000 g 1~99SI G~66tlQ UCSu~ LGaEQ BOSECCNI HtiiC B_~tC•D !„9sTU ,S9LE.B9ICce¢ICE_„ GG gg ~g DC~r~QIiC• D r __:=:::rle::::::::sel RiOT99601(,0 03 issm:::; R-15 islree:s:::::il rei::r::::;stt:: PFLEGER L :::sr:7ilr:::::.:lit:: ::::::;rr: ::a::: I u61. 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' 31.000 ' 0 I G utlD uee>r¢ LGIdEB @q;lpltENI 9IIic 1 ~ ~'c°64 tcob l/::::::crl:::::::rllrt :::::::rr=::::::::::66x M_8EQ ~!_g~Iii a :::1:::• •iltl:t _59LG_DgIE[fBiCC._ :.. ..:rlSl::::.:i'1!l 6~~~~~1~6 2: :::: :l111 :::zi:irlta:i FULL tRK NRL T° TR% sarl:;lttiir::ii 7 ss:j 2i irrtl:: Rtr J 10 l:iN --~~ R4PDRT TRK-13= TRK CppLLLLECTIUN 5Y iEM ~•~~ REl:[DENTIhL vROPER1Y.rRiNRRr rREAS1JkER 5 EKTCNp~D ROLL Op~~ltli~~f9i NR!1E RNp RODRESS LEGAL DC5CRI1°TION RsSEST VALUES -•i1ilr:::::;risr:s:::rirar::.=71se):::::;:ri:::::::rr.6rl:::::s:Ilrl:::i::::rlrs:e.:::s:ielee::::::lilt:e.::-:;•.11,1....1:11x!:: R107l9dOte0 03 q-ti VRRNEir KwthFrN 0 wND LOT 6 B K LAND VALUE 31,000 n(RESt .2'tp ifLl ND. 1-0l:9G7 NIEDSRNEYEER IIARDLD E RCV TRST ew t0y7~SDry4Fa7iB4 tMPT:JVEN,ENT 111,100 02071 N GLRDENRTpR 1021 r10LL^t.tLL M3050o0s:00G0 3N IE pi NON[ OWNER gguu OwtwRtO CR 1iGZ TRX VALUE X 1,100 ii9~L G6iGyt! UeiC~ ~QtlEB @tl5>rtlEtiI 9111[ K_~ED 4_Q~IU SOLE-t~lEcC9~CE T 141121 ! @ BEGE i , 00 ~6 RCNED PLLL TAX 53.Oh8.99 : 111111:::sillf:z:i:ili:r::::::lrli:z:::llr:- ::::11:::::::i)Iflf-•-•-tlrrl::::::Ti11x::=:::isill!!l::sx::rilrxx:,Tis:r:iriii;e:::~ RIOa1000005 01•=4 C-2D D L6 INVE Nt5 LTD ePeLALRC a000T OF LOT 1 LRND vnt E f70.~OC .,ERGS: .560 i[LL_N0. t-06l6q 1f~1e n N Si {k(G15 5U0 INPFOVEx~NT 289,.00 1 ~___ NONt hNN R 'o {y to -m `o m ~a n 2 ;~ z v ~m C~ ~ '+ (7 v :a ~ s = ~ Q ~ ~ o ~ ~` a r o m mil' C7 I m z ,1 • o l~ a m ~ n D fi n ~ R1 ~ ~ ~ ~1 v ~ ~~ ~ 0 !~ _ ~ ~ ~ ~ ? ,~ •- z n ~ C) r ti ~ '~ 3 m z 1 fl~ ~ :~` ~ ~ ~ ~ \ y O m 'c ~ r n ~ Q ao m v a o ~. m i ,a o O \ D \ ~ C a m y m a r S ~ m mo'~ ~oXZ N H y ~VN~ 1 V~ L n Fo-i 1 ~ "' ,fO' ~ a ~ a 0~ o ~o ~o-~ o ~> N~ I _N v 0 v cc v 0 0 r i .. r r'u r d r U'7 .. ~° o '0 m° -+ D • ~xn 'C 0 ~ ~ ~' ~~ v r O ~ ~~ ~ sl ~ I~ 1 I OISE, IDAHO 83707 ~ ~''R (208) 377-9239 ,~; PAY J- ~ ~ f-~~-v~ ~, e ,~~.~ TO THE ` L~ n ORDER OF ~ ~~// f ~..~ ~~- • G~ ~~.~ C~ v ` / AUTHORI D SIGNATURE 11'00?L9?~~• ~:L24LOL555~:?4 00022? 911' ~ti cJ o ~ ~.A-f t~~ S C~ .~~~ N~~ ~s T 66~ 7a 0 w 9 A m 0 D s D Z p C7 O N a d ~c a v~ 0 D ^ O W ~ H fD ~ O ~ T'I m 3 ~ Z N 0 ~ . ~' . N ~ 6 ~ D N 7 O A C i~ = W~ 7 n ; ~ o A g c ~ N C 1 ,~ a a m m Z Q ~. a Q ~ ~ ~ 3 a ~ N m ~ S r..~ ~ m O ~ v ~? ) X s D r o O ~ ~' c s ~ -- - -- - -- -- -- l0 1~ c ~ C ~_ II/ ~; ~~ O o~_~e 71 ~d-: 3 ~°a: ~ ~ d'v ,~ s ~:$ • 290 North Maple Grove Road Boise, ID 83704 (208) .378-6380 Fax (208) 378-0025 Letter of Transmittal July 9, 1996 ^ To: Ms. Shari Stiles City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Subject: Bridgewood Condominiums Enclosed are the following items: Doctarnent Date' Co ies Descri ' lion 1 ea. Revised Condominium Declaration of Covenants, Conditions and Restrictions for Brid ewood Condominiums .These are transmitted: ^ For your ^ For action information specified below © For review ^ For your use ^ As requested and comment JTEamg Enclosure(s). Sent Via: Hand delivered Sincerely, Pacific Land Surveyors A div' i f POWER Engineers, Inc. V J hn T. (Tom) Eddy. PLS-BOI b8-373 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation CONDOMINIUM DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BRIDGEWOOD CONDOMINIUMS DECLARATION made this day of , 1996, by Boise Valley Construction, Inc, a corporation organized and existing under the laws of the state of Idaho, (the "Developer") for itself, its successors, grantees, and assigns. 1. Submission to condominium ownership. The purpose of this Declaration is to submit the lands herein described and the improvements to be constructed thereon to the condominium form of ownership and use in the manner provided by the Condominium Property Act, Title 55, Chapter 15, Idaho Code, herein called the Condominium Act. (a) The name by which this condominium project is to be identified is Bridgewood Condominium, herein called the condominium. (b) The lands owned by the Developer and the parties consenting hereto, which are hereby submitted to the condominium form of ownership are the following: all of Block 1, Bridgewood Park Subdivision, lying in Government Lot 6, Section 6 T. 3 N., R. 1 E., B.M., according to the official plat thereof recorded in Book ~ ~ of Plats at page(s) _, as Instrument No. records of Ada County, Idaho; which lands are herein called "the land." 2. Definitions. The terms used herein and in the Bylaws shall have the meanings stated in the Condominium Act and as follows: (a) "Unit" means a separate interest in a condominium as defined by the Idaho Condominium Property Act. (b) "Unit owner" means a person or a legal entity who owns the individual unit. (c) "Association" means the Bridgewood Condominiums Homeowners Association, Inc., and its successors. DECLARATION OF CONDOMINIUM - 1 (d) "Common area" shall be all the parts of the condominium property not included within the unit boundaries of each condominium unit. (e) "Restricted or limited common areas and facilities" mean those areas and facilities restricted for use by particular unit or number of units. (f) "Common expenses" include (1) expenses of administration; expenses of maintenance, operation, repair, or replacement of the common area, and of the portions of units to be maintained by the Association; (2) expenses declared common expenses by provisions of this Declaration or by the Bylaws; and (3) any valid charge against the condominium as a whole, such as ad valorem taxes for the year in which this Declaration is recorded. (g) "Utility services" as used in the Condominium Act and construed with reference to the condominium, and as used in this Declaration and the Bylaws, shall include but not be limited to electric power, gas, hot and cold water, heating, refrigeration, air conditioning, and garbage and sewage disposal. 3. Development plans. The condominium has been developed as follows: (a) A final plat showing the land and how it is developed is filed of record in Book of Plats at page in the records of Ada County, Idaho, a true and correct copy of which is attached hereto as Exhibit A. (b) The condominium will contain seventy-two (72) individual units as actually shown on the final plat. It will also include storage space for each unit, gardens and landscaping, automobile parking areas, public streets and other facilities located substantially as shown in the final plat. Use of parking areas will be permitted according to regulations of the Association. (c) This Declaration may be amended by filing such additional plans as may be required to describe adequately the completion of improvements. Such completion may be shown by a certificate of an architect, engineer, or surveyor certifying that the improvements have been constructed substantially as herein represented, or designating any changes made. Such plans or certificate when signed and acknowledged by the Developer shall in themselves constitute an amendment of this Declaration, notwithstanding the procedures for amendment described elsewhere in this Declaration. DECLARATION OF CONDOMINIUM - 2 • (d) Easements are reserved through the condominium property as may be required for utility services. 4. Unit boundaries. The physical boundaries of the unit are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the unit includes both portions of the building as so described and the airspace so encompassed. The following are not a part of each individual unit: bearing walls, columns, floors, roofs, foundations, central heating, central refrigeration and central air conditioning equipment, reservoirs, tanks, pumps and other central surfaces, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located, except the outlets thereof when located within the unit. 5. Description of individual units. The units of the condominium are more particularly described as follows: (a) The total number of units for this project are seventy two (72) individual units. The legal description of each individual unit is shown on the official plat of Bridgewood Condominiums attached hereto as Exhibit A. Each unit shall have private restricted parking assignments for each unit, and a restricted easement for said unit's use, which parking assignments and easements are designated upon Exhibit B as follows: The symbols "_" indicates and " " indicates (b) The interior floor area of each individual unit is depicted in Exhibit B attached hereto. (c) The Developer reserves the right to change the interior design and arrangement of all units and to alter the boundaries between units, so long as the Developer owns the units so altered. Any such change shall be reflected by an amendment of this Declaration which may be executed by the Developer alone, notwithstanding the procedures for amendment described in paragraph 21 of this Declaration. However, no such change shall increase the number of units nor alter the boundaries of the common area without amendment of this Declaration in the manner described in paragraph 21 of this Declaration. If more than one unit is altered, the Developer shall appropriately reapportion the shares in the common area which are allocated to the altered units. 6. Shares of common area and expenses. The percentage of ownership interest in the Common Area which is to be allocated to each Unit as a whole for purposes of tax assessment under Section 55-1514 of the Idaho Code, and for purposes of liability DECLARATION OF CONDOMINIUM - 3 i ~ as provided by Section 55-1515 of such Code, shall be the same as set forth in Exhibit A hereto. 7. Maintenance and alteration of units. (a) The Association shall maintain, repair, and replace (1) all portions of a unit, except interior surfaces, contributing to the support of the unit building, which portions shall include but not be limited to the outside walls of the unit building and all fixtures on the exterior thereof; boundary walls of units; floor and ceiling slabs; and load-bearing columns and load-bearing walls; and (2) all conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services which are contained in the portions of a unit maintained by the Association; and all such facilities contained within a unit which service part or parts of the condominium other than the unit within which contained. All incidental damage caused to a unit by such work shall be promptly repaired at the expense of the Association. (b) The responsibility of the unit owner shall be (1) to maintain, repair, and replace at his expense all portions of his unit except the portions to be maintained, repaired, and replaced by the Association; (2) not to paint or otherwise decorate or change the appearance of any portion of the exterior of the unit building; (3) to promptly report to the Association any defect or need for repairs the responsibility for which is that of the Association. (c) Except as elsewhere reserved to the Developer, neither a unit owner nor the Association shall make any alteration in the portions of a unit or unit building which are to be maintained by the Association, remove any portion thereof, make any additions thereto, do anything which would jeopardize the safety or soundness of the unit building, or impair any easement, without first obtaining approval in writing of owners of all units in which such work is to be done and the approval of the Board of Directors of the Association. A copy of plans for all of such work prepared DECLARATION OF CONDOMINIUM - 4 by an architect licensed to practice in this state shall be filed with the Association prior to the start of the work. 8. Maintenance and alteration of the common area. (a) The Association shall be responsible for the operation and maintenance of all of the common areas including, but not limited to the irrigation systems and the maintenance of the private sewer line contained within the real property subject to this Declaration of Condominiums. (b) After the completion of the improvements included in the common area, contemplated by this Declaration, there shall be no alteration or further improvement of the real property constituting the common area without prior written approval by the owners of not less than 75~ of the common area except as provided by the Bylaws, but no such alteration or improvement shall interfere with the rights of any unit owner. The cost of such work shall not be assessed against a bank, life insurance company, or federal savings and loan association which acquires its title as the result of owning a mortgage upon a unit unless such an owner shall approve the alteration or improvement, regardless of whether the title is acquired by deed from the mortgagor or through foreclosure proceedings. The share of any cost not so assessed shall be assessed to the other unit owners in the proportions which their shares in the common area bear to each other. There shall be no change in the shares and rights of a unit owner in the common area which are altered or further improved, whether or not the unit owner contributes to the cost thereof. 9. Assessments. (a) Assessments against unit owners for common expenses shall be made pursuant to the Bylaws and shall be allocated as set forth in paragraph 6 of this Declaration. The amount of any such assessment, together with those other charges thereon, such as interest, costs (including attorneys fees), and penalties which may be provided for in the Declaration, shall be and become a lien upon the unit assessed when the management body causes to be recorded with the County Recorder of the county in which such unit is located, a Notice of Assessment, which shall state the amount of such assessment and such other charges thereon as may be authorized by this Declaration, a description of the unit against which the same has been assessed, and the name of the recorded owner thereof . Such notice shall be signed by an authorized representative of the management body or as otherwise provided in this Declaration. Such lien shall be superior to all other liens filed or recorded subsequent to the recordation of such Notice of Assessment, except the Declaration shall be subordinate to a first mortgage on said unit. Such lien may be enforced in accordance with the provisions DECLARATION OF CONDOMINIUM - 5 of Idaho Code Section 55-5118, Idaho Condominium Property Act, and other portions of the Idaho Code as relate. (b) The first mortgage of any unit is entitled to written notification from the Association of any default in the performance by an individual unit borrower of any obligation not cured within sixty (60) days from the date it is due. If a first mortgagee obtains title to a unit pursuant to the remedies in the deed of trust and/or mortgage, or through foreclosure of a deed of trust and/or mortgage, it will not be liable for more than six (6) months of said unit's unpaid dues or charges accrued to the Association before the acquisition of the title to the unit by the mortgagee or beneficiary of the deed of trust. All taxes, assessments and charges that may become liens prior to the first mortgage under local laws shall relate only to the individual units and not to the condominium project as a whole. (c) In any foreclosure of lien for assessments, the owner of the unit subject to lien, shall be required to pay a reasonable rental for the unit and the Association shall be entitled to the appointment of a receiver to collect such rent. (d) Assessments and installments thereon paid on or before ten (10) days after date when due shall not bear interest, and all sums not paid on or before ten (10) days after the date when due shall bear interest at the rate of ten percent (10~) per annum from the date when due until paid. 10. Association. The operation of the condominium shall be by the Bridgewood Condominiums Homeowners Association, Inc., (the "Association") a not for profit corporation under the laws of Idaho, which shall be organized and shall fulfill its functions pursuant to the following provisions: owners. (a) The members of the Association shall be the unit (b) The Association shall be incorporated under Articles of Incorporation acceptable to the Secretary of State, State of Idaho, a copy of which are attached hereto as Exhibit "C". (c) The Bylaws of the Association shall be in the form acceptable to the Secretary of State, State of Idaho, a copy of which are attached hereto as Exhibit "D". DECLARATION OF CONDOMINIUM - 6 • (d) The share of a member in the funds and assets of the Association cannot be assigned, hypothecated, or transferred in any manner except as an appurtenance to his unit. (e) Whenever the decision of a unit owner is required upon any matter, whether or not the subject of an Association meeting, such decision shall be expressed by the same person who would cast the vote of such owner if in an Association meeting, unless the joinder of record owners is specifically required by this Declaration. 11. Insurance. (a) The Association shall purchase insurance policies upon the condominium property covering the items described in subparagraph (b) of this paragraph, for the benefit of the Association and the unit owners and their mortgagees as their interests may appear. Provision shall be made for the issuance of certificates of mortgage endorsements to the mortgagees of unit owners. Such policies and endorsements shall be deposited with the Insurance Trustee, which shall hold them subject to the provisions of paragraph 12. (b) Insurance shall cover the following: (1) all buildings and improvements upon the land and all personal property included in the common area in an amount equal to the maximum insurable replacement value, excluding foundation and excavation costs, as determined annually by the Board of Directors of the Association. Such coverage shall afford protection against loss or damage by fire and other hazards covered by a standard extended coverage endorsement, and such other risks as are customarily covered with respect to buildings similar to the buildings on the land, such as vandalism and malicious mischief; (2) public liability in such amounts and with such coverage as shall be required by the Board of Directors of the Association, including but not limited to hired automobile and non-owned automobile coverages, and with cross liability endorsement to cover liabilities of the unit owners as a group to a unit owner; (3) workmen's compensation as required by law; (4) such other insurance as the Board of Directors of the Association shall determine from time to time to be desirable. DECLARATION OF CONDOMINIUM - 7 • (c) Premiums upon insurance policies purchased by the Association shall be paid by the Association as a common expense. (d) The Association is hereby irrevocably appointed agent for each unit owner to adjust all claims arising under insurance policies purchased by the Association, and to execute and deliver releases upon the payment of claims. 12. Responsibilities of Insurance Trustee. (a) All insurance policies purchased by the Association shall provide that proceeds covering property losses shall be paid to any bank in Idaho which is selected by the Board of Directors of the Association as a trustee, which bank is herein referred to as the Insurance Trustee. The Insurance Trustee shall not be liable for payment of premiums, for the renewal or the sufficiency of policies, or for the failure to collect any insurance proceeds. (b) The Insurance Trustee shall receive such proceeds as are paid and hold them in trust for the benefit of the unit owners and their mortgagees as follows. An undivided share of such proceeds on account of damage to the common area shall be allocated to the unit owners according to their shares of the common area set forth in paragraph 6. Proceeds on account of units shall be held for the owners of damaged units in proportion to the cost of repairing the damage suffered by each unit owner, which cost shall be determined by the Association. If a mortgagee endorsement is issued as to a unit, the share of the unit owner shall be held in trust for the mortgagee and the unit owner as their respective interests may appear. (c) Proceeds of insurance policies received by the Insurance Trustee shall be distributed as follows: (1) All expenses of the Insurance Trustee shall be first paid. (2) If the damage for which the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be expended as provided in paragraph 14. Any proceeds remaining after defraying such costs shall be distributed to the beneficial owners, remittances to unit owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a unit and may be enforced by such mortgagee. (3) If it is determined as provided in paragraph 14 that the damage for which the proceeds are paid shall not be reconstructed or repaired, or if there DECLARATION OF CONDOMINIUM - 8 are excess proceeds remaining after a reconstruction and repair, the remaining proceeds shall be distributed to the beneficial owners, remittances to unit owners and their mortgagees being payable jointly to them. This is a covenant for the benefit of any mortgagee of a unit and may be enforced by such mortgagee. (4) In making distribution to unit owners and their mortgagees, the Insurance Trustee may rely upon a certificate of the Association as to the names of the unit owners and their respective shares of the distribution, and as to whether or not the building is to be reconstructed or repaired. 13. When damaged property is to be reconstructed or repaired. (a) If common area is damaged, they shall be reconstructed or repaired, unless it is determined under paragraph 22 that the condominium shall be terminated. (b) If the damaged property is the unit building, and if units to which 50% or more of the common area is appurtenant are found by the Board of Directors of the Association to be tenantable, the damaged property shall be reconstructed or repaired unless within 60 days after the casualty it is determined under paragraph 22 that the condominium shall be terminated. (c) If the damaged property is the unit building, and if units to which more than 50% or more of the common area is appurtenant are found by the Board of Directors to be not tenantable, the damaged property will not be reconstructed or repaired and the condominium shall be terminated under paragraph 22 unless within 60 days after the casualty the owners of at least 75% of the common area agree in writing to such reconstruction or repair. No mortgage shall have any right to participate in the determination as to whether damaged property shall be reconstructed or repaired. (d) Any reconstruction or repair must be substantially in accordance with the plans and specifications for the original building, or if not, then according to plans and specifications approved by the Board of Directors of the Association, and if the damaged property is one of the unit buildings, by the owners of not less than 75% of the common area, including the owners of all damaged units, which approval shall not be unreasonably withheld. 14. Responsibilities and procedures as to payment for repairs. DECLARATION OF CONDOMINIUM - 9 • • (a) If damage occurs only to those parts of a unit for which the responsibility of maintenance and repair is that of the unit owner, such owner shall be responsible for reconstruction and repair after casualty. In all other instances the responsibility of reconstruction and repair after casualty shall be that of the Association. (b) Immediately after a casualty causing damage to property for which the Association has the responsibility of maintenance and repair, the Association shall obtain reliable and detailed estimates of the cost to rebuild or repair so as to place the damaged property in condition as good as that before the casualty. (c) If the insurance proceeds are not sufficient to defray the estimated costs of reconstruction and repair, assessments shall be made against the unit owners who own the damaged property, and against all unit owners in the case of damage to common area, in sufficient amounts to provide funds to pay the estimated costs. Additional assessments may be made at any time during, or following the completion of, construction. Such assessments against unit owners for damage to units shall be in proportion to the cost of reconstruction and repair of their respective units. Such assessments on account of damage to common area shall be in proportion to the owner's share in the common area. (d) If the amount of the estimated costs of reconstruction and repairs for which the Association is responsible is more than $5,000, the Association shall deposit the sums paid upon assessments to meet such costs with the Insurance Trustee. In all other cases the Association shall hold the sums paid upon such assessments and disburse them in payment of the costs of reconstruction and repair. (e) The proceeds from assessments and insurance received by the Insurance Trustee shall be disbursed as follows: (1) The portion of insurance proceeds representing damage, the reconstruction and repair of which is the responsibility of the unit owner, shall be paid by the Insurance Trustee to the unit owner or, if there is a mortgagee endorsement, then to the unit owner and the mortgagee jointly, who may use such proceeds as they may be advised. (2) The portion of insurance proceeds representing damage, the reconstruction and repair of which is the responsibility of the Association, shall be disbursed in payment of the costs of such repair and reconstruction in the manner required by the DECLARATION OF CONDOMINIUM - 10 • • Board of Directors of the Association and upon approval of an architect qualified to practice in Idaho and employed by the Association to supervise the work. (3) The Insurance Trustee shall not be required to determine whether a disbursement is to be made, the identity of the payee, or the amount to be paid, but may rely upon a certificate of the Association stating such information. 15. Use restrictions. The use of the property of the condominium shall be in accordance with the following provisions: (a) Each of the units shall be occupied only by a family, its servants, and guests, as a residence and for no other purpose. Except as reserved to the Developer, no unit may be divided or subdivided into a smaller unit nor any portion thereof sold or otherwise transferred without first amending this Declaration to show the changes in the units to be effected thereby. There shall not be any construction of separate principal buildings on any of the lands which are a part of this Declaration of Condominiums. (b) The common area shall be used only for the purposes for which they are intended in the furnishings of services and facilities for the enjoyment of the units. (c) No use or practice shall be permitted on the condominium property which is the source of annoyance to residents or which interferes with the peaceful possession and proper use of the property by its residents. All parts of the property shall be kept in a clean and sanitary condition, and no rubbish, refuse, or garbage allowed to accumulate nor any fire hazard allowed to exist. No unit owner shall permit any use of his unit or of the common area which will increase the rate of insurance upon the condominium property. No immoral, improper, offensive, or unlawful use shall be made of the condominium property or any part thereof. All valid laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction thereof shall be observed. The responsibility of meeting the requirements of governmental bodies which require maintenance, modification, or repair of the condominium property shall be the same as the responsibility for the maintenance and repair of the property concerned. No rooms may be rented or transient guests accommodated. (d) Neither the unit owners nor the Association nor the use of the condominium property shall interfere with the completion of the contemplated improvements and the sale of the units until the Developer has completed and sold all of the units. The Developer may make such use of the unsold units and common area as DECLARATION OF CONDOMINIUM - 11 • may facilitate such completion and sale, including but not limited to the maintenance of a sales office, the showing of the property, and the display of signs. (e) The Association may make and amend, from time to time, reasonable regulations concerning the use of the condominium property. Such regulations shall be made and amended in the manner provided in the Association's Articles of Incorporation and Bylaws. The Association shall furnish copies of such regulations and amendments thereto to all unit owners and residents of the condominium, upon their request. 16. Notice of lien or suit. (a) A unit owner shall give notice to the Association of every lien upon his unit, other than for permitted mortgages, taxes, and special assessments, within five days after the attaching of the lien. Failure to comply with this subparagraph (bj will not affect the validity of any judicial sale. (b) Notice shall be given to the Association of every suit or other proceeding which may affect the title to his unit within five days after the unit owner receives knowledge thereof. 17. Compliance and default. (a) Each unit owner shall be governed by and shall comply with the terms of this Declaration, the Articles of Incorporation, Bylaws, and regulations adopted pursuant thereto, and by such documents and regulations as they may be amended from time to time. A default shall entitle the Association or other unit owners to the relief described in subparagraph in addition to the remedies provided by the Condominium Act. (b) A unit owner shall be liable for the expense of any maintenance, repair, or replacement rendered necessary by this act, neglect, or carelessness or by that of any member of his family or his or their guests, employees, agents, or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Such liability shall include any increase in fire insurance rates occasioned by use, misuse, occupancy, or abandonment of a unit or its appurtenances. In any proceeding arising out of a unit owner's alleged default, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees as may be awarded by the court. (c) The failure of the Association or any unit owner to enforce any covenant, restriction, or other provision of the Condominium Act, this Declaration, the Articles of Incorporation, DECLARATION OF CONDOMINIUM - 12 i • the Bylaws, or the regulations adopted pursuant thereto, shall not constitute a waiver of the right to do so thereafter. 18. Amendments. This Declaration may be amended in the following manner: (a) Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is considered. (b) Either the Board of Directors or the members of the Association may propose a resolution adopting a proposed resolution. Directors and members not present in person or by proxy at the meetings considering the amendment may express their approval in writing, providing such approval is delivered to the Secretary at or prior to the meeting. Except as elsewhere provided, such approvals must be either by (1) not less than 75% of the entire membership of the Board of Directors and by not less than 75% of the votes of the entire membership of the Association; or (2) not less than 80~ of the votes of the entire membership of the Association; or (3) until the first election of directors, only by all of the directors, provided the amendment does not increase the number of units nor alter the boundaries of the common area. (c) No amendment shall discriminate against any unit owner or against any unit or class or group of units unless the unit owners so affected shall consent. No amendment shall change any unit nor the share in the common area appurtenant to it, nor increase the owner's share of the common expenses, unless the record owner of the unit and all record owners of liens thereon shall join in the execution of the amendment. (d) A copy of each amendment shall be certified by the President and Secretary of the Association as having been duly adopted and shall be effective when recorded in the Public Records of Ada County, Idaho. 19. Termination. The condominium may be terminated in the following manner in addition to the manner provided by the Condominium Act: (a) If it is determined under paragraph 13(c) that the unit building shall not be constructed because of major damage, the condominium plan of ownership will be thereby terminated without agreement. (b) The condominium may be terminated at any time by the written approval of all of the owners of the condominium, and by all record owners of liens thereon. If the proposed termination is submitted to a meeting of the members of the Association, the DECLARATION OF CONDOMINIUM - 13 • notice of which meeting gives notice of the proposed termination, and if the approval of the owners of not less than 75~ of the common area, and of the record owners of liens upon the same 75~ of the common area, are obtained not later than 30 days from the date of such meeting, then the approving owners shall have an option to buy all of the units of the other owners during the period ending on the 60th day from the date of such meeting. (c) The option described in subparagraph (b) of this paragraph shall be exercised by delivery or mailing by registered mail to each of the record owners of the units to be purchased of an offer to purchase signed by the record owners of units who will participate in the purchase. Such offer shall indicate which units will be purchased by each participating owner and shall offer to purchase all of the units owned by owners not approving the termination, but the offer shall effect a separate contract between each seller and his purchaser. (d) ~ The sale price for each unit shall be the fair market value determined by agreement between the seller and purchaser within 30 days from the delivery or mailing of such offer, and in the absence of agreement by arbitration in accordance with the then existing rules of the American Arbitration Association, except that the arbitrators shall be two appraisers appointed by the American Arbitration Association who shall base their determination upon an average of their appraisals of the unit; and a judgment of specific performance of the sale upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The expense of the arbitration shall be paid by the purchaser. The purchase price shall be paid in cash, and the sale shall be closed within ten days following the determination of the sale price. (e) The termination of the condominium shall be evidenced by a certificate of the Association executed by the President and Secretary certifying as to facts effecting the termination, which certificate shall become effective upon being recorded in the public records of Ada County, Idaho. (f ) After termination of the condominium the unit owners shall own the condominium property and all assets of the Association as tenants in common in undivided shares, and their respective mortgagees and lienors shall have mortgages and liens upon the respective undivided shares of the unit owners. Such undivided shares of the unit owners shall be the same as the undivided shares in the common area appurtenant to the owners' units prior to the termination. 20. Severability. The invalidity in whole or in part of any covenant or restriction, or any section, subsection, sentence, clause, phrase, or word, or other provision of this DECLARATION OF CONDOMINIUM - 14 a • Declaration and the Articles of Incorporation, Bylaws, and regulations of the Association shall not affect the validity of the remaining portions thereof. In witness whereof the Developer has executed this Declaration the day and year first above written. BOISE VALLEY CONSTRUCTION, INC. By: Dairld Wurtz, President STATE OF IDAHO ) ss. County of Ada ) On this day of , 1996, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Dairld Wurtz, known to me to be the President of the above-named corporation and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same on behalf of said corporation. Witness my hand and official seal. Notary Public for Idaho Residing at Commission Expires: DECLARATION OF CONDOMINIUM - 15 • • EXHIBIT A TO CONDOMINIUM DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BRIDGEWOOD CONDOMINIUMS Condominium Plat (including legal descriptions) and Percentage Interest of Units in Common Area SEE ATTACHED EXHIBIT B TO CONDOMINIUM DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BRIDGEWOOD CONDOMINIUMS Interior Floor Area of Units SEE ATTACHED ! ~ EXHIBIT C TO CONDOMINIUM DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BRIDGEWOOD CONDOMINIUMS Articles of Incorporation SEE ATTACHED • ARTICLES OF INCORPORATION OF BRIDGEWOOD CONDOMINIUMS HOMEOWNERS ASSOCIATION, INC. KNOW ALL MEN BY THESE PRESENTS: The undersigned, for the purpose of forming a non-profit corporation under the laws of the State of Idaho in compliance with the provisions of Title 30, Chapter 3, Idaho Code, does hereby certify, declare and adopt the following Articles of Incorporation: ARTICLE I NAME The name of the corporation shall be BRIDGEWOOD CONDOMINIUMS HOMEOWNERS ASSOCIATION, INC., hereinafter referred to as the "Corporation" or the "Association". ARTICLE II TERM The period of existence and duration of the life of this Corporation shall be perpetual. ARTICLE III NON-PROFIT This Corporation shall be a non-profit, membership corporation. ARTICLE IV REGISTERED AGENT The location and street address of the initial registered office of this Corporation shall be Dairld Wurtz, and 10040 Stardust Drive, Boise, ID 83709 is hereby appointed the initial registered agent of the Association. ARTICLES OF INCORPORATION - PAGE 1 • • ARTICLE V PURPOSE AND POWER OF THE ASSOCIATION This Corporation does not contemplate pecuniary gain or profit to the Members thereof, and the specific purposes for which it is formed are to provide for certain regulations of the use of, and control of, condominiums located in the Project and to provide for maintenance, operation and preservation of the Common Areas, including all buildings and other improvements located in the Project and personal property thereon, and the water rights, and other assets owned by the Association; to provide for property insurance and other insurance as more particularly described in the Condominium Declaration of. Covenants, Conditions and Restrictions for Bridgewood Condominiums (the "Declaration"); and to promote the health, safety and welfare of the residents within the Project and for this purpose to: (A) Exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in the Declaration applicable to the Property and as the same may be amended and supplemented from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; (B) Fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association as required under the Declaration, including all licenses, taxes or governmental charges levied or imposed against the Project; (C) Acquire (by gift, purchase or otherwise) , own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use, to convey licenses, easement and rights of way, or otherwise dispose of real or personal property, including water rights, in connection with the affairs of the Association under the limitations imposed by the Declaration; (D) Borrow money with the assent of two-thirds (2/3) of votes of all Members; (E) Have and to exercise any and all powers, rights and privileges which a corporation organized under the Non-profit Corporation Law of the State of Idaho may by law now or hereafter have or exercise and have and to exercise any and all powers, rights, and privileges given to the Management body under the Condominium Property Act of the State of Idaho, subject only to limitations contained in the Bylaws and the Declaration and the amendments and supplements thereto. ARTICLES OF INCORPORATION - PAGE 2 • • ARTICLE VI MEMBERSHIP Every person or entity who is a record Owner of any Condominium within the Project, including Grantor and contract sellers, shall be a Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Condominium which is subject to the Declaration. Members of the Association must be and remain Owners of Condominiums subject to the Declaration and all Owners of Condominiums subject to the Declaration shall automatically be Members of the Association. ARTICLE VII VOTING RIGHTS The Association shall have one class of voting membership. All Members shall be entitled to one (1) vote for each Condominium owned on the day of the vote and located within the Property. ARTICLE VIII BOARD OF DIRECTORS The affairs of the Association shall be conducted and managed by the Board of Directors ("Board") which shall consist of three (3) Directors who shall not be required to be Members, and such officers as the Directors may elect or appoint, in accordance with the Articles and Bylaws, as the same may be amended from time to time. The initial Board of Directors of the Association shall be appointed by the incorporators of their successors and shall hold office until the first annual meeting, at which time a new Board of Directors shall be elected in accordance with- the provisions set forth in the Bylaws. The names and addresses of the persons who are to act in the capacity of Directors until the selection of their successors are: DAIRLD WURTZ P.O. Box 7573 Boise, ID 83707 GARY L. HUNEMILLER P.O. Box 480 Cascade, ID 83611-0480 ARTICLES OF INCORPORATION - PAGE 3 • ED BARNETT P.O. Box 175 Meridian, ID 83642 ARTICLE IX ASSESSMENTS Each Member shall be liable for the payment of Assessments provided for in the Declaration and for the payment and discharge of the liabilities of the Association as provided for in the Declaration and as set forth in the Bylaws of the Association. ARTICLE X BYLAWS The power to alter, amend, repeal or change the Bylaws of Bridgewood Condominiums Homeowners Association, Inc. ("Bylaws") is vested in the Board of Directors, subject to repeal or change by a majority vote of each class of members entitled to vote. For the purpose of specifying in detail the rights, responsibilities, duties and obligations or the Board of Directors, the officers, employees and agents of the Association, and the Members for the payment of Assessments, the Bylaws may incorporate by reference the provisions of the Declaration. ARTICLE XI DISSOLIITION Subject to the provisions as to mortgage protection and other limitations, if any, set forth in the Declaration, the Association may be dissolved with the assent given in writing and signed by not less than three-fourths (3/4) of the votes of all Members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purposes. ARTICLE XII AMENDMENTS Amendment of these Articles shall require the assent of not less than three-fourths (3/4) of the votes of all Members. No ARTICLES OF INCORPORATION - PAGE 4 • • amendment which is inconsistent with the provisions of the Declaration shall be valid. ARTICLE XIII MEANING OF TERMS All terms appearing herein initially capitalized shall have the same meaning as are applied to such terms in the Declaration, which terms include without limitation: "Articles", "Assessments", "Board", "Condominium", "Bylaws", "Common Area", "Grantor", "Members", "Property", and "Owner". ARTICLE XIV INCORPORATOR Dairld Wurtz, whose street address is 10040 Stardust Drive, Boise,~Idaho 83709, shall be the incorporator of the Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of June, 1996. Dairld Wurtz Incorporator STATE OF IDAHO ) ss County of Ada ) On this day of June, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared Dairld Wurtz, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same as Incorporator of BRIDGEWOOD CONDOMINIUMS HOMEOWNERS ASSOCIATION, INC. 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 Commission expires: ARTICLES OF INCORPORATION - PAGE 5 • EXHIBIT D TO • CONDOMINIUM DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BRIDGEWOOD CONDOMINIUMS Bylaws SEE ATTACHED • BY-LAWS OF • BRIDGEWOOD CONDOMINIIIMS HOMEOWNERS ASSOCIATIONS INC. ARTICLE I - PRINCIPAL BUSINESS OFFICE The principal business office of the corporation in the State of Idaho shall be located at 10040 Stardust Drive, Boise, Idaho. The corporation may have such other offices, either within or without the State of Idaho, as the board of directors may from time to time designate. ARTICLE II - MEMBERS A. ~Eliaibility for Membership: The number of members of this corporation, and the qualifications for their membership, shall be as set forth in the Articles of Incorporation. B. Annual Meetings: An annual membership meeting shall be held on the second Monday of the month of January during each calendar year, unless the board of directors shall fix a different date. The place of the meeting shall be at the principal business office of the corporation, unless the board of directors shall fix a different place. Written notice of the time and place of the annual membership meeting shall be given to each member, by regular United States Mail at the last address of such member as shown on the books and records of the corporation, not less than ten (10) days prior to the date of such meeting. The necessity for written notice of the meeting may be waived by unanimous consent of all members. C. Special Meetings. Special meetings of the membership may be held at any time upon request of the board of directors, any officer of the corporation, or by members holding the right to cast not less than ten (10) votes at membership meetings of the corporation. Any such request shall state the purpose for which the special membership meeting is desired to be held. Written notice of the time and place of a special membership meeting shall be given to each member, by regular United States Mail, at the last address of such member as shown on the books and records of the corporation, not less than ten (10) days prior to the date of such meeting. The notice of the meeting shall include a statement of the purpose of the meeting, as set forth in the request for the meeting. The necessity for written notice of the meeting may be waived by unanimous consent of all members. D. Other Provisions Relating to Meetings: Membership Code of By-Laws - Page 1 • • meetings may also be called and held in any manner prescribed or permitted by Section 30-310, Idaho Code. E. Voting. Voting rights, and qualifications for voters, at any annual or special membership meeting, shall be as set forth in the Articles of Incorporation. Members may vote in person nor by proxy executed in writing by the member designating the proxy. All proxies must be filed with the secretary of the corporation not later than the commencement of the meeting at which such proxy intends to vote for a member. No proxy shall be valid more than eleven months after its date of execution. All co-owners of a single unit may collectively cast only one (1) vote, in the manner determined by a majority in interest of such co-owners. ARTICLE III - BOARD OF DIRECTORS A. Number and Qualifications. The number of directors of this corporation shall be determined from time to time in the manner set forth in the Articles of Incorporation. B. Election - Term of Office. Directors shall be elected at each annual membership meeting. Directors shall serve a term of office of one (1) year from the date of their election, and upon expiration of their term of office shall continue to serve as directors until their respective successors have been duly elected and qualified. Directors may be removed from office by not less than an 80% majority vote at any special membership meeting called for such purpose. C. Meetings. Regular meetings of the board of directors shall be held as determined from time to time by resolution of the whole board of directors. Special meetings of the board of directors may be called by any members thereof, upon not less than f ive ( 5 ) days advance notice to each of the other members. Such notice shall be sufficiently given when mailed, postage fully prepaid, to the last known address of such director as the same shall appear upon the books and records of the corporation. The necessity for formal notice of any special meeting may be dispensed with by unanimous consent of the whole board of directors, and such waiver may be signified by the signatures of each director at any time affixed to the minutes of such special meeting. A simple majority of the directors shall constitute a quorum for the transaction of regular business at any meeting of the board of directors. D. Vacancies. Vacancies in the board of directors resulting from death, resignation, or removal from office of a directors, shall be filled by a majority vote of the remaining directors. Any person so appointed to fill a vacancy shall serve until the next annual membership meting, and until his or her successor has been duly elected and qualified. Code of By-Laws - Page 2 • ARTICLE IV - OFFICERS OF THE CORPORATION A. Election - Terms of Office. All officers of the corporation shall be elected by the board of directors, and their terms of office shall be prescribed by the board of directors. Officers shall be elected at the first regular or special meeting of the board of directors following each annual membership meeting . Any officer may be removed from office at any time by the board of directors. The vote of a simple majority of the directors present and voting at any regular or special meeting of the board of directors shall be sufficient for election or removal of officers to be elected or removed. B. Duties and Responsibilities. The powers, duties and responsibilities of the officers of the corporation shall be as hereafter set forth, unless modified from time to time by resolution of the board of directors. 1. The President: The president shall be the chief executive officer of the corporation, and shall have general supervision of the other officers. The president shall preside at all meetings of the members and of the board of directors and see that all orders and resolutions of the board are carried into effect; subject, however, to the right of the board to delegate to any other officer or officers of the corporation any specific powers, other than those that may be by law conferred only upon the president. The president shall execute in the name of the company all deeds, bonds, mortgages, contracts and other documents authorized by the board of directors, except in cases where the execution thereof shall be expressly delegated by the board to some other officer or agent of the corporation. The president shall have the general powers and duties of supervision and management usually vested in the office of the president of corporations. 2. Vice President: A vice president shall perform the duties and exercise the powers of the president in case of the president's illness, disability or temporary absence from the office of the corporation and shall perform such other duties as may from time to time be granted or imposed by the board of directors or the president. 3. The Secretary: The secretary shall attend all sessions of the board and all meetings of members held at the office of the corporation and act as Code of By-Laws - Page 3 • • clerk thereof and record all votes and the minutes of all proceedings in a book to be kept for that purpose. The secretary shall give, or cause to be given, notice of meetings of the members and of the board of directors when notice is required to be given under these by-laws or any resolution of the board. The secretary shall have custody of the seal of the corporation and shall affix and attest the seal to all authorized documents requiring a seal and shall in general perform the duties usually incident to the office of secretary, and such further duties as shall from time to time be prescribed by the board of directors or the president. 4. The Treasurer: The treasurer shall keep full and accurate accounts of receipts and disbursements in books belonging to the corporation, and shall deposit al monies and other valuable effects in the name and to the credit of the corporation in such banks and depositories as may be designated by the board of directors. The treasurer shall disburse the funds of the corporation as may be ordered by the board, taking proper vouchers for such disbursements, and shall render to the president and directors at the regular meetings of the board, and whenever they may require, accounts of all transactions as treasurer and of the financial condition of the company. The treasurer shall perform the duties usually incident to the office of the treasurer and such other duties as may be prescribed from time to time by the board of the directors or the president. The office of treasurer may be filled by the same person as the person holding the office of secretary. ARTICLE V - COMMON AREAS AND FACILITIES A. Common Area to be Maintained by Association. The common area to be maintained shall comprise the common space shown on the official plat of the Bridgewood Condominiums, the drainage systems and any present or future irrigation piping systems for said subdivisions, according to the official plats thereof filed in the office of the County Recorder of Ada County, Idaho. The initial subdivision filed for record will be Bridgewood Condominiums, with additional property to be annexed to this corporation by filing for record of plats and additional declaration of Covenants, Conditions and Restriction referencing this corporation. This corporation shall acquire ownership of said property from the developer and present owners of said Bridgewood Condominiums, whose Declaration of Covenants, Conditions and Code of By-Laws - Page 4 • • Restrictions reference this corporation, and shall use, operate and maintain the same in the following manner and for the following purposes, together with any other manners and purposes, from time to time deemed necessary or desirable by the board of directors: 1. This corporation shall maintain all paving, landscaping, lighting, water amenities, irrigation piping facilities and other improvements which are now or may hereafter be lawfully installed upon said units, and may add to or modify the same as the board of directors shall from time to time deem necessary or desirable for the use and benefit of its members and their visitors. 2. Each owner of all or any portion of any unit in the said subdivisions shall have a permanent nonexclusive easement to use said units for purposes of utilities, for landscaped area, recreational area and drainage facilities, all subject to rules and regulations promulgated by this corporation as hereafter provided. Public authorities shall have access to said units at any time for the purpose of providing necessary fire, police or other emergency protection and for maintenance of the drainage facilities. 3. This corporation shall operate and maintain all surface water drainage systems and irrigation piping which are now or hereafter lawfully installed in, on, under or across said subdivisions. 4. This corporation shall pay all real property taxes and assessments which shall from time to time be levied upon or against said common area units and any improvements thereon. 5. This corporation may establish reasonable rules and regulations governing the operation of the open area within said units and may modify such rules and regulations from time to time. A copy of such rules and regulations, and all amendments thereto, shall be furnished to each member promptly upon adoption thereof . B. Other Facilities. The corporation shall also, at its expense, maintain, repair and replace: 1. The underground drainage system (pipelines, sand traps, manholes, and whatever other appurtenances pertaining thereto). Code of By-Laws - Page 5 • • 2. The underground irrigation pipelines, pumps and appurtenances thereto, situated within the common area unit of the Boardwalk Condominiums serving the said open area units. C. Exterior Maintenance of Individual Units. The Association shall maintain or provide for the maintenance of the exterior of all residential units and fences constructed on lots which shall be a common expense of the Association, excluding-, however, door exteriors and windows. The door exteriors and windows shall be the responsibility of the individual unit owner. D. Interior Maintenance of Individual Units. Each owner shall be responsible for maintaining and keeping in good order and repair the interior of his own dwelling unit, the deck of the balcony (if any), and the surface of patio areas, door exteriors and windows. ARTICLE VI - UNIFORM STANDARDS OF APPEARANCE This corporation shall establish reasonable uniform standards for the exterior appearance and condition of all buildings and improvements situated in said subdivisions, for the purpose of maintaining a uniform and aesthetically pleasing exterior appearance and condition of such building and improvements. This corporation shall have the power to require any member to perform maintenance, repairs, and reasonable modification to such member's buildings and improvements for the purpose of bringing the same into conformity with such uniform standards of exterior appearance and condition. Should any member fail to perform maintenance, repairs or modification required by this corporation pursuant to the foregoing authority, the corporation shall have the right to bring a legal action for specific performance to compel such compliance, or in the alternative the corporation may cause the required work to be done at the member's cost and expense. The corporation may recover from any member its reasonable attorney fees and costs of suit incurred in enforcing compliance with the provisions herein set forth. ARTICLE VII - INSURANCE The corporation shall procure and make payment of premiums upon casualty insurance covering improvements to said common area units owned by the corporation, and public liability insurance covering occurrences in, on, and about the common areas and facilities owned by the corporation, covering such risks and in such policy limits as the board of directors shall from time to time deem appropriate. The board of directors is expressly authorized to decline to insure certain risks if in the discretion of the board of directors the procurement of insurance covering such risks is not economically feasible or practicable for the Code of By-Laws - Page 6 C~ corporation. • ARTICLE VIII - ASSESSMENTS A. Purpose of Assessments. Members shall be subject to assessment for the purpose of paying the costs of administration and operation of the corporation, and for the purpose of paying the costs of the services provided by the corporation to its members. There shall be two types of assessments: (1) Maintenance and Operation Assessments; and (2) Tax and Insurance Assessments. B. Maintenance and Operation Assessments. At least annually, the corporation's board of directors shall fix a maintenance and operation budget, to provide funds for the payment of the estimated costs of operating and maintenance costs for the corporation's common area and other facilities, together with any administrative expenses of the corporation. The budget may be adjusted from time to time as necessary in consideration of actual cost experience. Reasonable reserves for future expenses may be included n the budgets. Each unit, except the common area units or lots, shall be apportioned an equal share of the total annual assessment. The amount of monthly maintenance and operation assessment with respect to each unit shall be one-twelfth of the annual maintenance and operation assessment for such unit. The member or members who own each unit on the first day of each calendar month must pay the monthly maintenance and operation assessment with respect to such unit for said calendar month. C. Tax and Insurance Assessments. Real estate and personal property taxes, and irrigation taxes, assessments and charges payable by the corporation, and the costs of all casualty and public liability insurance carried by the corporation, shall be apportioned equally among the units as billings for such charges are received by the corporation. Tax and insurance assessments must be paid prior to the date the corporation is required to make payment of such expenses. D. Payment of Assessments. Assessments shall be payable at the rate of Dollars ($ .00) per month for each unit, beginning at the time the unit is sold by the original developer, and payable quarterly or at such times and intervals as may be designed by the board of directors in its notification to members of the amounts assessed. In addition, there shall be a $100.00 per unit assessment at the time the unit is sold by the original developer paid by the Purchaser. Any assessment which shall not have been paid within fifteen (15) days following the due date thereof shall be deemed delinquent. For good cause the board of directors may extend the foregoing time limitation. Unpaid assessments constitute a lien upon any unit or units owned by the member whose assessments remains unpaid, and may be enforced by foreclosure as provided in the Articles of Code of By-Laws - Page 7 • Incorporation and in accordance with the laws of the state of Idaho for the foreclosure of mortgages upon real property, except that all assessments are subordinate to the lien of the first mortgage. In the event any such foreclosure proceeding is required, the corporation shall be entitled to recover its reasonable attorney fees and costs of suit in addition to the amount of the unpaid assessment or assessments. DATED: , 1996. BRIDGEWOOD CONDOMINIUMS HOMEOWNERS ASSOCIATION, INC. By Member of the Board of Directors STATE OF IDAHO County of Ada ss. On the day of , 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be one of the Members of the Board of Directors of the Bridgewood Condominiums Homeowners Association, Inc. that executed the above instrument or the person who executed the instrument on behalf of said Bridgewood Condominiums Homeowners Association, 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 first above written. NOTARY PUBLIC for Idaho Residing at Boise, Idaho My Commission Expires: Code of By-Laws - Page 8 • CERTIFICATE OF CONSENT APPENDED TO CONDOMINIUM DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF BRIDGEWOOD CONDOMINIUMS WITNESSETH, that the undersigned parties, each being a record owner or holder of a security interest in a portion of the real property described in the attached CONDOMINIUM DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF BRIDGEWOOD CONDOMINIUMS, do hereby certify and affirm our consent to the recordation of the attached CONDOMINIUM DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF BRIDGEWOOD CONDOMINIUMS. 1. Lots 1 and 2, Block 1, Bridgewood Park Subdivision: OWNER Gary A. Hunemiller OWNER Lorraine Hunemiller NOTARY: LIEN HOLDER By: Its: NOTARY: 2. Lots 3, 4, 5, 6, 7, 8, 9, 10, and 12, Block 1, Bridgewood Park Subdivision: OWNER Gary L. Hunemiller OWNER Boise Valley Construction, Inc. By: Dairld Wurtz, President NOTARY: LIEN HOLDER Ludwig Pfleger, Jr. NOTARY: LIEN HOLDER By: Its: NOTARY: Nada Pfleger 6. Lot 6, Block 2, Bridgewood Park Subdivision: OWNER Kathryn G. Varner OWNER Harold E. Niedermeyer Revocable Trust By: Harold E. Niedermeyer NOTARY: LIEN HOLDER By: Its: NOTARY: Its: Trustee i i Meridian City Council October 15, 1996 Page 31 Peter Rockwell, 413 S. 8th Street, Boise, was sworn by the City Attorney. Rockwell: I am representing Chris Mallane and Louie's restaurant and we are requesting a conditional use permit for two restaurants on East Fairview Avenue at North Hickory Way. We have reviewed the findings of fact and P & Z minutes the 8-13-96 meeting and we are in agreement with them. I don't have anything new to present but I am here to answer any questions that anyone might have if I can. If I can't maybe Chris can help out. Corrie: Council any questions? Thank you, anybody else from the public that would like to offer testimony on the conditional permit? Council, discussion? Any questions of staff? I will close the public hearing. Rountree: Mr. Mayor I would move that the Meridian City Council adopt and approve the findings of fact and conclusions of law as prepared by the Planning and Zoning. Tolsma: Second Corrie: Motion is made by Mr. Rountree, second by Mr. Tolsma that we approve the findings of fact and conclusions as sent on by the Planning and Zoning Commission, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Recommendation? Rountree: Mr. Mayor, I move that the City Council approve the conditional use for the planned commercial development with conditions set forth in these findings of fact and conclusions of law. That the ar~.plicant and the owners be specifically required to submit a final development plan, meet all the requirements of section 11-9-607 and the Limited Office requirements and all of the ordinances of the City of Meridian. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley on the recommendation as set forth, .any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR • Meridian City Council October 15, 1996 Page 32 BRIDGEWOOD CONDOMINIUMS BY BOISE VALLEY CONSTRUCTfON: Corrie: At this time I will open the public hearing and ask that the re;xesentative come forward. Charles Eddy, 4345 South Timridge, Boise, was sworn by the City Attorney. Eddy: Mayor and City Councilmen, I represent Boise Valley Construction, I stated everything I have to say in the findings of fact and conclusions of law and don't see the need to add anything. 1 am here to answer any of your questions? Bentley: Where are we at on the drainage problem? Eddy: The last I understood ACHD was working on making a permanent fiat for the system and pumping it as needed currently. Bentley: I have a question on the landscaping for James Court that has been required of the apartments on the other side and then the adjoining properties to you do some fairly extensive landscaping. What is your plans to conform along with them? Eddy: Staff has asked that more trees be planted and that was acceptable to the applicant. (Inaudible) so we will take care of that (inaudible). Corrie: Other questions from Council? Morrow: I guess what I would like to hear from Mr. Eddy is I might a brief overview of your project for the record (inaudible) but I think that I would like to have (inaudible). Eddy: Okay, this is a resubdivision of Bridgewood Park Subdivision which is, we are resubdividing lots 1 through 12 of Block 1 (inaudible) Township 3 North, Ranye 1 East, Section 6. The existing zoning is R-15, this subdivision is allowed by a conditional use which we are applying for now. The comp plan designates the area as urban development. The existing site has 12 buildings on it with 4 units per building. Our plan is to create common area on all of the areas excluding the buildings. The buildings will be turned into condominiums for each unit. Then sold to prospective buyers. The applicant has been approved for a ten year warranty that covers the structures, that warranty transfers through the owners for the duration of the 10 years. The applicant has also arranged for the possibility of people who do not have the savings to put down on these condominiums to come in with zero down and they help them obtain the financing to become land owners. It is their opinion that the majority of the current renters in the bui~ings will become owners of the condominiums if this project is approved. It is a very (inaudible) very well Meridian City Council October 15, 1996 Page 33 • maintained that will continue with the common area maintenance. I don't see any downgrading of this site happening after this project occurs. Morrow: I have a question with respect to the homeowners association, is there a CC&R's coming with this? Eddy: Yes, that is required by (inaudible) Morrow: And in that CC&R's is there a (inaudible) for this homeowners association? Eddy: I am assuming there will be I have not seen the CC&'R's. That is generally the case when there is a common area maintenance required. Morrow: Have you seen the CC&R's Counselor? Crookston: I don't believe that f have. Eddy: The CC&R's will be submitted prior to the hearing of the final plat by the Council. Crookston: Mr. Mayor I have a question, Mr. Eddy, how are or what are you doing as far as construction to convert the apartments to condominiums. There are different construction requirements are there not? Eddy: The, let me clarify are you talking from a legal standpoint in establishing the property lines for the condominiums? Are actual construction of the structures? Crookston: Construction of the structures, don't you have one hour fire walls and that type of thing that condominiums are required to have but apartments do not. Eddy: Building :,ode is not my expertise, just from a common sense point of view the structures have to meet the building code of the City of Meridian when they were constructed. I guess I would ask are there different requirements for apartments than condominiums. Crookston: I don't think you will get the answer from me. Corrie: Gary do you know? Smith: I don't know right off hand Mr. Mayor but they would have to meet the requirements of the Uniform Building Code. They would have to prove that they could be separated for ownership from their original construction plans. I would assume that they can do that or • • Meridian City Council October 15, 1996 Page 34 they wouldn't progress to this point Eddy: The condominiums or the existing requirements do have to meet the requirements of the UBC the Uniform Building Code, (Inaudible) Crookston: I just wondered because I know that there is, I believe that there is a difference between the requirements for a condominium and an apartment. Corrie: Any other questions of 11Ar. Eddy? Thank you, are there others in the audience that would like to issue testimony on this request? Council any further. questions among yourself or staff? Then I will close the public hearing, entertain a motion. Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as prepared for Planning and Zoning Commission. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law as prepared by the Planning and Zoning, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Decision or recommendation? Morrow: Mr. Mayor, I would move that the City Council approve the conditional use requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. That the property be required to meet the ,mater and sewer requirement, the fire and life safety caries and uniform building code and any other ordinances of the City of Meridian as they apply. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision and recommendation as set forth by the findings of fact and conclusions with the addition of as they apply at the end, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR • Meridian City Council October 15, 1996 Page 34 they wouldn't progress to this point. Eddy: The condominiums or the existing requirements do have to meet the requirements of the UBC the Uniform Building Code, (Inaudible) . Crookston: I just wondered because I know that there is, I believe that there is a difference between the requirements for a condominium and an apartment. Corrie: Any other questions of Mr. Eddy? Thank you, are there others in the audience that would like to issue testimony on this request? Council any further. questions among yourself or staff? Then I will close the public hearing, entertain a motion. Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as prepared for Planning and Zoning Commission. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law as prepared by the Planning and Zoning, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Decision or recommendation? Morrow: Mr. Mayor, I -would move that the City Council approve the conditional use requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. That the property be required to meet the water and ;ewer requirement, the fire and life safety codes and uniform building code and any other ordinances of the City of Meridian as they apply. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision and recommendation as set forth by the findings of fact and conclusions with the addition of as they apply at the end, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR ^r Meridian City Council October 15, 1996 Page 35 • BRIDGEWOOD CONDOMINIUMS BY BOISE VALLEY CONSTRUCTION: Corrie: I will now open the public hearing. Charles Eddy, 4345 S. Timridge, Boise, was sworn by the City. Attorney. Eddy: Is there anything you would like to me to add to what I previously stated. Can I answer anymore questions? Bentley: In reflection on discussing of the landscaping on James Street, I would also like to see incorporated in the. landscaping. plan that the north end of the buildings that front James Street have some landscaping on them too as do the apartments (inaudible). Corrie: Thank you Mr. Eddy, anybody else from the public that would like to enter testimony on the preliminary plat? Cotsxxl, any further discussions? I will close the public hearing for the request for a preliminary plat. Council, ready for a vote or a motion on the preliminary plat? Morrow: Mr. Mayor I would move that we approve the preliminary plat for Bridgewood Condominiums by Boise Valley Construction subject to all staff conditions and City Ordinances and agency conditions. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley that we approve the preliminary plat based upon the motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR APRELIMINARY/FINAL PLAT FOR SUMMERFIELD SUBDIVISION N0.4 BY MAX BOESIGER INC.: Corrie: I will now open the public hearing and have the representative come forward and testify. Scott Cook, 9550 Bethel Court, Boise, was sworn by the City Attorney. Cook: This as staff has indicated in their report is kind of house cleaning item. We are resubdividing an existing lot in existing SummerField Subdivision No. 3, it is to accommodate a pump station. I would entertain any questions that you might have. • MERIDIAN CITY COUNCIL MEETING: October 1.5.1996 APPLICANT: BOISE VALLEY CONSTRUCTION ITEM NUMBER; 8 ~ 9 REQUEST: PRELIMINARY PLATICONDITIONAL USE PERMIT FOR BRIDGEWOOD CONDOMINIUMS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS P 8~ Z MINUTES FOR 8-13-96 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS I~ D~~ J~' .-~ ~ ;~ i~ ~ ~ 1 All Materials presented at public meetings shall become property of the City e(ri~d ry~ f~, ~ ~ ' 1" • Meridian Planning & Zoning Commission August 13, 1996 Page 57 wrong. Anyone else? Any questions from staff from anyone? Hearing none I will close the public hearing. What would you. like to do, this is a conditional use permit request. Oslund: Mr. Chairman, I move that direct Counsel to prepare. findings of fact and conclusions of law. MacCoy: Second Johnson: Moved and seconded that we have the City Attomey prepare findings of fact and conclusions of law, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: PRELIMINARY PLAT FOR BRIDGEWOOD CONDOMINIUM BY BOISE VALLEY CONSTRUCTION: Johnson: At this time I will open the public hearing and astc that the applicant or the representative address the Commission. Charles Eddy, 4345 South Timridge Way, was sworn by the City Attorney. Eddy: First I have some pictures for you of the proposed site. I will pass those around. This site is located in Section 6, T.3N, R.1E, which is generally located about a 1/4 mile north of the existing Cherry Plaza mall. It is a resubdivision of Bridgewood Park Subdivision, it is a resubdivision of Block 1. The original subdivision was done in 1994 as a 12 lot subdivision. Currently there are 12 four unit apartments on each parcel. The existing zoning is R-15 and the comp plan designates this area as an urban development. The applicant is requesting to resubdivided these current lots into condominium lots, this is allowed through the conditional use application in an R-15 zone. As I said before the building are already existent on the property, e~rvices are currently there, there is an improved street with curb gutter and sidewalk that runs through the property. The property directly north of it is newly developed apartments, property directly west is existing apartments that have been there for quite a number of years. The, property to the south is cunrently under develop as what looks like single family development. This development will not add any new services to the current system, everything has been served with water and sewer. As I said before the roads had been improved. What the applicant is looking to do is take the current four unit apartments that are on the parcel and create condominiums which would allow either the current renters to purchase these units or any other parties that would be interested in purchasing a condominium unit. I would like to address some comments that were in the staff report. Item 1 restates what I have told you. Item 2 we submitted a copy of the covenants and restrictions with the application and you ! • .. Meridian Planning & Zoning Commission August 13, 1996 Page 58 should have that in your file. Item 3 the planting of additional trees the applicant doesn't have a problem with the planting. of additional trees on the site. The pictures will depict that there are some trees that have already been planted on the site. Item 4, constructing the 12 foot wide gravel access road over existing sewer. That has been done, there was 18 inches of gravel that were poured onto the site and then 3 inches of top soil were put on top of that and grass was planted. So it is there it is just that right now it is landscaped over for aesthetics. If the City would require that grass be removed and the gravel exposed that can be done. Item 5, there is a problem with the existing stone water system. However that is Ada County Highway District under their maintenance now the applicant wishes ACRD would resolve the problem with the standing water. As I interpret the comment from staff it is making a point that the applicant should resolve it and it is at least in my opinion difficult for him to resolve it when it is not under his control. He has been in discussion with ACRD to try and get it resolved and it is my understanding that they have been working on it along with Briggs Engineering to try and alleviate the problem of the standing water. That is all for the comments. Just general comments on how this will affect the City, the City of Meridian it is difficult to find an entry level affordable housing for people trying to buy their first home. What this will allow people to do is come in and purchase a condominium at a very reasonable rate of between $60,000 and $70,000, turn them from being renters into property tax payers and make them a part of the community. As you can see from the pictures the site is already very well maintained. As people become homeowners it will continued to be maintained in that manner as well as probably increase because they will have a definite interest in the aesthetics of their area. There will be a homeowners association that will maintain the common areas throughout the subdivision. The association will be managed by a company by the name of American Management Inc. They will take care of providing the maintenance for the property, collecting the dues from the homeowners and making sure what might be missed by the homeowners is picked up by themselves. A technical note that I missed, the R-15 zone allows for a minimum of 2400 square feet of lot per dwelling unit. This particular development has 48 dwelling units on it at 3.1 acxes which equates out to 2795 square feet per unit which is well above the required ? +00. Are there any questions? MacCoy: Yes, on the map you gave us here, number one I have been out on the site and =- Icommend you for your upkeep of the place. l was expecting something else and I was very much pleased to see that we had in our town our City here a well kept place of this type. You show 12 buildings, are all 12 of these going to be the condominium complex? Eddy: Yes they are, there are 12 four unit buildings (inaudible). MacCoy: And you are saving the center section for some future Eddy: That is owned by separate individuals it is not owned by the current applicant. • Meridian Planning & Zoning Commission August 13, 1996 Page 60 Eddy: Remove it Borup: To remove the silt Eddy: (Inaudible) I am not an engineer so I can't give you the technical specii'tcations on what they are trying to do. I know they are trying to alleviate the problem. Borup: You mentioned you were in agreement with planting some additional trees, I don't know, I assume at some time a landscaping plan will need to be turned in or how many trees wilt have to be determined at some point. Eddy: I guess that would be determined by staff since they made the recommendation on how many additional they would like to see. Borup: I assume them on the gravel what you said is already in (inaudible) visual inspection it wasn't obvious so I don't know if staff, I don't know if (inaudible). Eddy: What it is is 3 inches of top soil (inaudible) staff would like to walk the site I am sure we could expose it form them. Johnson: Anyone else? Thank you Mr. Eddy, anyone else like to come before the Commission this evening on this? Tony Drost, 10336 W. Silver City, Boise, was sworn by the City Attorney. Drost: I am a property owner of two of the four plexes within the center that is not shown on this application. There are three other, excuse me two other owners, 1 don't have the lot and block, if we look at it as 6, the upper left, that is a separate owner and three at the end of the horseshoe. We plan to, 1 plan to discuss with the other owners with the help of the developer to ride their cor~rtails in on this as well. There is a storm drain, I have talked to Ada County Highway District myself as a property owner concerned. They said they --- already have got several contingency plans in place, it is just a matter of choosing the proper one the least expensive was going to cause the most problems with the current tenants an what not. If there is a problem with water on the street Ada County Highway is draining and the current management company is draining it if Ada County does not respond. I of course am in favor of this as an investor, this will increase the property value, it will also as far as aesthetics in the complex right now you have a tenant base you will have property owners, property owners will show much more concern about their property so I think it will be a good thing for Meridian. Johnson: Thank you Tony, anyone else? • Meridian Planning & Zoning Commission August 13, 1996 Page 59 - MacCoy: That is interesting, it is kind of a strange way to break things up. Eddy: I think there are future plans to try and follow this although (inaudible) separate application. I would like to add that the developer has been approved for a ten year warranty on all of the buildings. So when the buildings are sold as condominiums the ten year warranty will go with it and that is a warranty on structural or any type of mechanical problems that might occur. That warranty travels with the building so if it transfers five times it will transfer to each of the five owners. And also the developer is creating financing to where it is possible if the homeowner is unable to come up with a down they would be able to move into the developments with zero down. MacCoy: I had another question but I can't think of it right now. Borup: Do you know what warranty company that was? Eddy: It is by the same management company called American Management Inc. Borup: Do they have a separate homeowners warranty? Eddy: It is HBW Borup: I guess I had, one concern was on the storm water problem, you mentioned it, how do you control, it sounds like it is something that needs to be addressed by somebody at some time. Has there been any in your discussions any recommendations on what can be done or any possible solutions to come up with? Eddy: What the problem as occurred from I believe the development to the north, through their process of building, a lot of the silt came into the storm drain system. It is my impression that Briggs Engineering which was involved in designing this storm drain system and also ACRD are currently e:vorking on remedying, they have been pumping the system to alleviate any type of water problems that have been occurring. So they are addressing the problem. Borup: It sounds like the problem has been naming from the other development with silt build up you say? Eddy: That is my understanding. Borup: So you don't know whether they are, are they looking at some other settling tanks in there to remove that first? • • Meridian Planning & Zoning Commission August 13, 1996 Page 61 - Eddy: I just have one more thing, what I wanted to do was restate that AMI is not American Management Incorporated but Association Management Incorporated, that is all I wanted to say. Johnson: Okay, any questions? Anybody else that would like to talk to us this evening about anything? Keith had some comments that you may want to address and you were here, you were taking a break there. Can you state those quickly? Borup: Yes, items 3 and 4 on your comments. One was just requiring additional trees, the question was whether you would be getting together with them as far as how many and or have them submit a landscaping plan and then approve that. The other was on the gravel, he stated the gravel road was already in and they just put sod over the top, I didn't know if you were needing some additional verification of that too. Stiles: On item 3 I guess I would like to plant additional trees. They do have trees there, they were probably quite small when they were planted. The main concern is along James Court where there doesn't seem to be anything but open grass and we received a letter from the developer of Aspen Hills Apartments concerned that they had done some extensive landscaping along that collector road and would like to see something similar done across the street. On item 4 that is something that Bruce came up with that was from the original subdivision. I guess I would have to ask him if that is going to work for them. Did you say, how much top soil. Eddy: It is an 18 inch gravel base with 3 inches of top soil on top of it. Stiles: I will let Bruce know that and see if that is adequate for them. Johnson: Is that all you had Keith? Borup: Yes Johnson: Anyone else? If not I will close the public hearing at this time. This is a preliminary plat only that we are addressing right now. So this does not require findings of fact and conclusions of law. MacCoy: Mr. Chairman, I recommend approval of the preliminary plat for item 11 for the Bridgewood Condominium. Oslund: Second Johnson: We have a motion and second to approve the preliminary plat for Bridgewood . • Meridian Planning & Zoning Commission August 13, 1996 Page 62 Condominium by Boise Valley Con"struction, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR BRIDGEWOOD CONDOMINIUM BY BOISE VALLEY CONSTRUCTION: Johnson: At this time I will open the public hearing and invite Mr. Eddy to return to the podium, do you have any additional comments at this time. Charles Eddy, 4345 S. Timridge Way, Boise, was sworn by the City Attorney. Eddy: 1 would like to have the comments that I made from the previous testimony be incorporated into this application as well. Are there any questions? Johnson: Thank you, any.questions of Mr. Eddy on the conditional use permit? Thank you, anyone else that would like to address the Commission on this application? Seeing no one then 1 will close the public hearing. This is a conditional use permit so we do need findings of facts. MacCoy: Mr. Chairman, I recommend that we have findings of fact and conclusions of law written for item 12 Bridgewood Condominium. Oslund: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law for item 12 on our agenda, all those in favor? Opposed? MOTION CARRIED: All Yea Oslund: Mr. Chairman, I move that the meeting be adjourned. MacCoy: Second Johnson: Motion and a second to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 11:23 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Mayor, City Council, Planning & Zoning ~~ From: Bruce Freckleton, Assistant to City En Shari Stiles, P&Z Administrator c='~ COUNCIL MEMBERS WALT W. MORROW, President RONALD R.TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY August 9, 1996 Re: CONDITIONAL USE PERMIT/PUD - BRIDGEWOOD CONDOMINIUMS (Request by -Boise Valley Construction) We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. This is an existing site that was constructed in 1994. The owners of a majority of the lots is requesting this conditional use permit to allow the existing units to be sold as condominiums. 2. Applicant shall be required to comply with Idaho Statute Title 55 Chapter 15 regarding Condominium Property Act. This Act includes the requirement to file a Declaration setting forth specific details of the development. In essence, this Declaration serves as the Protective Covenants and Restrictions of the development and does, in fact, define the entire condominium project. The City Attorney should be given copies of this Declaration, and any other supporting documentation required for establishment of a condominium plan, for review and approval prior to City Council approval of this development. 3. The Applicant shall be required to plant additional trees throughout the development as a condition of approval. 4. Applicant shall be required to construct the 12-foot-wide gravel access road over the existing sewer between Lots 6 and 7, Block 1, of Bridgewood Park Subdivision. This was an original requirement of Bridgewood Park that was never completed. 5. The existing storm water system in this development has experienced recent problems, causing flooding. Applicant is to remedy this problem through working with the Ada County Highway District prior to the City's sign-off on the planned development. BOIVALI,Y.P&Z ~' > ~~ ~`J `,~J BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ~'1 v ~ BOISE VALLEY CONSTRUCTION, INC. c~•. '\~w •: ~ ~~ DAIRLD i~JRTZ .~: GOVERNMENT LOT 6, SECTION 6, TOWNSHIP 3 NORTH RANGE 1 EAST BOISE MERIDIAN ADA COUNTY. IDAHO CONDITIONAL USE MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing August 13, 1996, at the hour of 7:30 o'clock p.m., the Petitioners representative, Charles Eddy, appearing, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for *wo (2) consecutive weeks prior to the said public hearing scheduled for August 13, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 13, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were _ available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian, which property is described in the application, which description is incorporated herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIDGEWOOD CONDOMINIUMS - PAGE 1 • • .. 3. That the present zoning is R-15, Medium High Density Residential; that a four unit apartment is constructed on each lot within this subdivision. 4. That the owners of several four-plexes, Gary L. Hunemiller, and Edgar and Raren Barnett,-have consented to the application and have requested this conditional use; the application is not at the request of the City of Meridian. 5. -That Applicant stated the proposed project is to re-plat the existing four unit apartments into four unit condominiums, which are two story structures; that this proposal will not increase the number of units nor add any new right-of-ways or require new construction; that this will provide an opportunity for the existing tenants to purchase rather than rent; that most tenants are single mothers interested in purchasing the units they now occupy. 6. That the Applicant's Application stated that this project is constructed; that. the exterior of the units is vinyl sic'.ing; that each condominium unit, comprised of four privately owned spaces, will be governed by a homeowners association consisting of all the homeowners of the project; that the homeowners association will be responsibe for the project maintenance and upkeep; that this project will not create additional requirements for public facilities and services; that the water and sewer services to the individual units will remain unchanged; that the impact of police and fire services by the City should be minimal that this will allow the very people who now rents these units to purchase them; FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIDGEWOOD CONDOMINIUMS - PAGE 2 • that all units have access to an internal street system which is connected to E. James Court Drive at two intersections; that the project over the past two years has improved the appearance of the Five Mile .Creek; that the present owner has maintained the creek and will pass this same responsibility to the new owners; that the Applicants desire to keep the property compatible with the surrounding area; that landscaping, streets, curbs, gutters and sidewalks are constructed and have been in place since the site was constructed in 1994 arad to the standards required by the Ada County Highway District and the City of Meridian's. Ordinances. 7. That the property requires a conditional use permit to allow the existing units to be sold as condominiums, which is the use the application requests; that such use requires a conditional use permit in any zone where allowed. 8. That the R-15 District is described in the Zoning Ordinance, 11-2-408 B. 3. as follows: L -151 MEDIUM HIGH DENSITY RESIDERTIAIL DISTRICT: The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and Hanlti- family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or here direct access to a park or open s~Cace corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 9. That the (R-15) Medium High Density Residential use proposed by the Applicant is an allowed conditional use in the R-15 FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIDGEWOOD CONDOMINIUMS - PAGE 3 • . . district. 10. That the subject property features 48 units at 15.48 units per acre on 3.1 acres; that there are no visible hazardous areas on the property. 11. That sewer and water is available to the property and is required. 12. That the Assistant City Engineer, Bruce Freckleton, the Planning and Zoning Administrator, the Meridian Fire and Police Departments, Central District Health Department and the Nampa and Meridian Irrigation District submitted comments and they are incorporated herein as if set forth in full. 13. That Bruce Freckleton and Shari Stiles' comments are as follows: 1. That this is an existing site that was constructed in 1994; that the owners of a majority of the lots is requesting this conditional use permit to allow the existing units to be sold as condominiums. 2. That the Applicant shall be required to comply with Idaho Statute Title 55, Chapter 15 regarding Condominium Property .Act. This Act includes the requirement to file a Declaration setting forth specific details of the development. In essence, this Declaration serves as the Protective Covenants and Restrictions of the development and does, in fact, define the entire condominium project. The City Attorney should be given copies of this Declaration, and any other supporting documentation required for establishment of a condominium flan, for review and approval prior to City Council approval - `of this development. - __ 3. That the Applicant shall be required to plant additional trees throughout the development as a condition of approval. 4. Applicant shall be required to construct the 12 foot wide gravel access road over the existing sewer between Lots 6 and 7, Block 1, of Bridgewood Park Subdivision. This was an original requirement of Bridgewood Park that was never completed. FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIDGEWOOD CONDOMINIUMS - PAGB 4 5. The existing storm water system in this development has experienced recent problems, causing flooding; that the Applicant is to remedy this problem through working with the Ada County Highway District prior to the City's sign-off on the planned development. 14. That the Nampa and Meridian Irrigation District submitted comments and they are incorporated herein as if set forth in full; that the District requires that a Land Use Change/Site Development application be filed for review prior to final platting; that all laterals and wasteways must be protected and all municipal surface drainage must be retained on site; that if any surface drainage leaves the site, Nampa and Meridian Irrigation District must review drainage plans; that the developer must comply with Idaho Code 31- 3805; that it is recommended that irrigation water be made available to all developments within the Nampa and Meridian Irrigation District. 15. Charles Eddy testified that this site is generally located about one-quarter (1/4) mile north of the existing Cherry Plaza mall; that this is a re-subdivision of Bridgewood Park Subdivision which was done in 1994; that there are currently 12 four unit apartments on each parcel; that the existing zone is R-15 (Medium High Density), which allows for a minimum of 2400 square feet of lot per dwelling unit and that. the Comprehensive Plan designates this area as an urban development; that there are 48 __ dwelling units on 3.1 acres which equates out to 2795 square feet per unit; that the Applicant is requesting to re-subdivide the current lots into condominium lots; that services are currently there; that there is an improved street with curb, gutter and FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIDGEWOOD CONDOMINIUMS - PAGE 5 • sidewalk that runs through the property; that directly north are newly developed apartments, to the west are existing apartments and to the south, currently under development, looks like single family development; that this development will not add any new services to the current system; that the Applicant is looking to take the current four unit apartments on the parcel and create condominiums which would allow either the current renters to purchase or any other parties that would be interested in purchasing a condominium unit; that the Applicant does not object to the additional landscaping with trees; that the staff comment with regards to the 12 foot wide gravel access road over the sewer has been completed and has grass planted over for aesthetics; that the problem of standing water is being worked out with the Ada County Highway District and Briggs Engineering. 16. Mr. Eddy added that this will allow people to purchase at a very reasonable rate turning renters into property tax payers; that there will be a homeowners association, Association Management, Inc., that will maintain the common areas throughout the subdivision. That the center section of units are owned by separate individuals and not by the Applicant and added that the developer has been approved for a tee: (10) year warranty on all of the buildings so that when the buildings are sold as condominiums the ten year warranty will go with it; that the warranty covers structural or any type of mechanical problems which might occur and will transfer through five (5) owners and that the developer is creating financing to where it is possible, if the homeowner is FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIDGEWOOD CONDOMINIUMS -PAGE 6 • .. unable to come up with a down payment, they would be able to move into the developments with zero down. That the storm water problem has been created by what is believed to be the building process to the north; that a lot of the silt came into the storm drain system; that ACHD and Briggs Engineering are currently trying to remedy by pumping the system. 17. That Tony Drost, a property owner of two of the four- plexes located within the center, testified that he has discussed the storm drain problem with the Ada County Highway District and they have several contingency plans in place; that it is a simple matter of choosing the proper one and least expensive; that the current management will respond to the draining the District does not; that property owners will show much more concern about their property and that this proposal is a good thing for Meridian. 18. That Commissioner Borup commented regarding the landscaping with additional trees and if the access road, which has been covered with top soil and sod, would need to be verified. 19. Planning Director, Shari Stiles, commented that the developer of Aspen. Hills Apartments was concerned that since they had done some extensive landscaping along that collector road, that they would like to see somethi:ag similar done across the street; that Bruce Freckleton, Assistant City Engineer, would be informed with regards to the access road over the existing sewer having adequate gravel layer and top soil. 20. That there was no testimony submitted in opposition to the application. FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIDGEWOOD CONDOMINIUMS - PAGE 7 • CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of tha external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; and 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the. property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 5. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the. standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditicy~al Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIDGEWOOD CONDOMINIUMS - PAGE 8 • • b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that traffic should not increase significantly because of the proposed use. e. That the property has available to it sewer and water service. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and the parking layout in the Application will meet the requirements of the City ordinance. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 9. It is further concluded that the cor~atents, recommendations and requirements of the City Engineer's Department, City Planning Director, Ada County Eighway District, and Nampa and Meridian Irrigation District will have to be met and complied with. FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIDGEWOOD CONDOMINIUMS - PAGE 9 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER OSLUND vnmFn COMMISSIONER SHEARER VOTED COMMISSIONER MacCOY VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION ql~s 6 The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, and the- Uniform Building Code, and other Ordinances of t;,,ze City of Meridian. MOTION: APPROVED: ~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIDGEWOOD CONDOMINIUMS - PAGE 10 ~LIAM G. BERG, JR., City Clerk NICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 8362 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208)887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendationswill be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 6, 1996 TRANSMITTAL DATE: 7/23/96 HEARING DATE: 8/ 13/96 REQUEST:_Preliminary plat/Conditional Use permit for Bridgewood Condominium BY: Boise Valley Construction LOCATION OF PROPERTY OR PROJECT: East James Court Drive, 530 feet east of Meridian Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, CIC WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRS DEPARTMENT ROLiCE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER C0.(PRELIM >9i FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GASP ELIM & FINAL PLAT) BUREAU OF REC I N(PR & FINAL CITY FILES ' ~ ~ ~~^~ ~~/ YOUR CONCISE z _.~ _'~ ~ .,.,.., s 'WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chfef WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208} 888-4433 • FAX (208) 887-4813 Public WorksBuilding I~partrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor GOUNGIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: AuQUSt 6. 1996 TRANSMITTAL DATE: 7/23/96 HEARING DATE: 8/ 13/96 REQUEST: _Preliminarv plat/Conditional Use permit for Bridgewood Condominium BY: Boise Vallev Construction LOCATION OF PROPERTY OR PROJECT: East James Court Drive. 530 feet east of Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT -GREG OSLUND, P/Z ADA PLANNING ASSOCIATION #~'~~~=+VE~~, TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT ' ~f {~F:, , -RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT -CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM 8 FINAL PLAT) =1't Y ~';: ;ylt: Rt~tA 1, -WALT MORROW, C/C U.S. WEST(PRELIM & FMAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) -SEWER DEPARTMENT CITY FILES ~- BUILDING DEPARTMENT OTHER: ~~ ~ S % ~CJ ,,,~FtPttE I)LPARTMENT YOUR CONCISE REMARKS: P~ l"~EtTiri~NT CITY ATTORNEY ~r ' ~,~-~./ %~F ~e%J7` t~s.`G (- ~a ~ CITY ENGINEER CITY PLANNER ~-u ~ .9 ~ r~ b ~.-- u~~~ In '7~- ; S ~ ~ -~y ; ~ SU~IVISION EVALUATION MEET - - , - ,, %~T~ ~., ;° ~. d Proposed Development Name BRIDGEWOOD CONDOS City MERIDIAN ' Date Reviewed 8/1/96 Preliminary Stage X~CXX Final Engineer/Deveioper Pacific Land Surveyors /Boise Valley Construction The Street name comments listed below are made b~he members of the ADA COUNTY STREET NAME COMMITTEE (under directio of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existing street names shall apRear on the flat as' "N MERIDIAN ROAD" The above street name comments have been read and+pproved by the following agency representatives of the ADA COUNTY S NAME COMMITTEE. ALL of the signatures must be secured by the reprea~ative or his designee in order for the street names to be offiaally approved. ADA COUNTY STREET NAME Ada County Engineer John Priester Ada Planning Assoc. Terri City of Meridian Meridian Fire Dept. Representative Date NOTE: A copy of this evaluation sheetnust He presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed Illl Sub Index Street Index 3N 1 E 06 Section ATNES OR DESIGNEES ~_ Date ~ ~ r~-_Date ~'/~ ~~L~ A~_ Date 8 ~ ~ `l'G NUMBERING OF LOTS AND BLOCKS "GLADWATER" ; •• ~ et~rppt-rtan~~ ~,nel Wised-t~rtless~ii`is irF, ~~•,^•,,Q~+ `u' "ELBRIDGE" ifran~~me and ear~aA """°^t~ T -~ ~ ~ t 1; ~/ C9 7 n ''~''-~ IS 19 ' Y ~ -D 24 23 JJJ ~9~c ~~ Iz = 14 I9 ~ „~ s E BROWN BEAR ST • ~3 ~ •~ ~ ~ : t s - 20 ~ - 7 -- 1 / J 1 ~ • • ~ ~ ~- J ~ .. RI .~.• - -- - - ~ 5 T .7_ RI 4 T ~ s JUN t Nair. • • ~ `• • i Z .O ANN y Q ,~\ v ~ , A ,~ ~ ~1~Y - < i I 6 1¢ ~y/ Y' ?' ~ 2 ~ ~ W tld ~~~~c ~ O U / 1 C - Z ~ ~T 0 - __aai^cx ~ ~ a • 2 ~--~ ~~ 3 32 X 2 3 4 Q 16 I '~ 2t N IS 2 `> 23 ~\'~ ~Q r` L o: a z s ~~ s SS 31 3 y Li / ~ m Z \~`C_ ~ / ~ - 4 ~ 26 / tr i ~ 49 12 S ~ ~ ~ fJ m e ~, ~~~ 6 X43/ 1'O 10 7 ? 29 v ~ n~. ~'~/ Sq g 9 m 30 ~~ ~! ' , ~ ~!'~ . + O~ Z 3't ~ ~~ / • ~'- 33 ~\ \ A . ~ p r ~' • , ., _ 1 _..~ -1--'~-- y_rb -- ~ -- -- - - - - ...~ ~ . ~ 6 _ . ... _ f- .. ,U_ --5 . ,- - - -- 2 ~ ~`. ,,. •~ 1 1 CENTRAL C •• DISTRICT ~i'~1'HEALTH DEPARTMENT Rezone # DISTRICT HEALTH DEPARI'1~fENT Environmental Health Division ~~•L~~.f ~~~ al Use # .s-~°~`~'~ ~';a ~~~'~7/l~r~~,; Preliminary /Final /Short Plat ~iQ/JG-~ ~/0~1~ ~/~~0,~////l//'~ ~i Return to: ^ Boise ^ Eagle ^ Garden city ,®. Meridian ^ Kuna ^ Acz ~, I. We have No 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 ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. 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 ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center beverage establishment ^ rocery store / G 15. ~ ~/i/Et72,/n/ ~ !'T ~~ ,~7~ Date: ? /~9 / ~• "- c/ C Reviewed By: NHD 10/91 rcb, ~,. iros Review S et 4JiLLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator ,.- ARTTYA;:WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) Motor Veliicle/Drivers License (208) 88 G`j ~ ~ ~~ D ROBERT D. CORRIE ~ ~ ~ 2 5 1996 Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY ~RNRA~MGPAr~nB,~AgEq~pIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON I~IEVE~~~NT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Ha11, Attn: Will Berg, City Clerk by: August 6. 1996 .._.__ __ TRANSMITTAL DATE: 7/23/96 HEARING DATE: 8/ 13/96 REQUEST:_Preliminary plat/Conditional Use permit for Bridg_ewood Condominium BY: Boise Valley Construction LOCATION OF PROPERTY OR PROJECT: East James Court Drive. 530 feet east of Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL FLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT -GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR Idlp,/t ~AW~ IRRIQ~ATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) SEWER DEPARTMENT CITY FILES Isi.iLDING DEi~ARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Merl ian rrigation is rict POLICE DEPARTMENT _requires that a Land Use Change ite ve opttlen app CITY ATTORNEY be filed for review prior to final platting. Contact Donna CITY ENGINEER 1NrnrP ar ~~-18Wa o 461x7861 for firr h r infortn3tion CITY PLANNER _All 1.aYPrala and T.7a4}"P47aV4 mitt hP TlYflt'P!`T'P71_ Q]] mmirinal site. If anv surface drainage leaves Irrigation District Host review drainage plans. 'IYte developer must coawly with ldaho (:ode 3]=.38U5 It is recomtlended that irrigation water be made available to all developments within Nampa & Merid Irrigation District. Bill Henson, Asst. Water Superintendent ~:~~~~~.' NAMPA & MERIDIAN IRRIGATION DISTRICT ~. ;;i ~! 1 1;~ ~I?°Y t:t~~ =1~E1?4~liC~" • • 'ha~syia & '~l~i~idla~ ~Ifiru yat.~ooc Dia~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Keith L. Jacobs, Jr. Pacific Land Surveyors 290 North Maple Grove Road Boise, ID 83704 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Bridgewood Condominiums Dear Mr. Jacobs: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Dairld Wurtz, Boise Valley Constr. City of Meridian enc. ~U~~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 31 July 1996 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves~thCese Findings of Fact and Conclusions of Law on this ~-~~ day of ~U ~`~~~ 1996. ROLL CALL COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA VOTED VOTED VOTED VOTED MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED Ur,~~. VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~ ~" ._ • • Meridian Planning & Zoning Commission September 16, 1996 Page 14 . Johnson: Moved and seconded that we approve the findings of fact and conclusions of law as prepared by the City Attorney, that we adopt them, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, Shearer -Yea, MacCoy -Yea MOTION CARRIED: All Yea Johnson: Is there a recommendation you wish to pass onto the City Council at this time? MacCoy: Mr. Chairman, I recommend that the Meridian Planning and Zoning Commission recommends to the City Council of the City of Meridian that they approve the conditional use permit for a planned commercial development with the conditions set forth in these findings of fact and conclusions of law. That the applicant and owners be specifically required to submit a final development plan, meet all of the requirements of section 1-9- 607 and of the limited ofFce requirements and all of the ordinances of the City of Meridian. Shearer: Second Johnson: Moved and seconded to pass the recommendation onto the City as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS 0 FLAW FOR CONDITIONAL USE PERMIT FOR BRIDGEWOOD CONDOMINIUMS BY BOISE VALLEY CONSTRUCTION: Johnson: Any comments, discussion, corrections regarding these findings of fact? Entertain a motion please. Oslurd: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopt and approve these findings of fact and conclusions. Shearer: Second Johnson: We have a motion and a second to approve the findings of fact and conclusions of law as presented, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, Shearer - Yea, MacCoy -Yea MOTION CARRIED: All Yea • ' r t Meridian Planning & Zoning Commission September 16, 1996 Page 15 . Oslund: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommend to the City Council of the City of Meridian that they approve the Conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that the property be required to meet the water and sewer requirements, fire and life safety codes and the Uniform Building Code and the other ordinances of the City of Meridian. Shearer: Second Johnson: Moved and seconded we pass a recommendation onto the City Council as read by Commissioner Oslund, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT GENERAL BY WAYNE AND KAREN FORREY: Johnson: At this time I will open the public hearing and invite the applicant or his representative to come forward. Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the City Attorney. Forrey: Mr. Chairman and members of the Commission I have a drawing that I would like to hang up on your easel to present to the Commission. Johnson: While you are doing that, we received comments from ACRD today did you happen to get a copy of those? Forrey: I did about 3:00. Johnson: Well you got them before I did. Forrey: I am glad the City got those, thanks for letting me know. Mr. Chairman and members of the Commission my wife Karen and I are purchasing 12.75 acres on East Pine Avenue to develop a planned unit development general. Which is allowed by conditional use permit on land zoned industrial as shown on page 48, section 2-409 C of the Meridian zoning ordinance. Our project includes a mix of community service uses and facilities, institutional uses, recreational facilities, residential, commercial and industrial uses to achieve a planned unit development general as defined by the Meridian zoning and development ordinance. Our project is a planned development general because of the mix of land uses that we have and because the proposed interior and exterior spaces requires • MERIDIAN PLANNING & ZONING COMMISSION MEETING: SEPTEMBER 16.1996 APPLICANT: BOISE VALLEY CONSTRUCTION AGENDA ITEM NUMBER: 7 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL U8E PERMIT FOR BRIDGEWOOD CONDOMINIUMS 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: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: h~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: 1 I SETTLERS IRRIGATION: ~ V ~ J Y IDAHO POWER: a ~ "~ P US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: i~ ~~k ~ c da~°"' ~~~~ ~I~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING & ZONING COMMISSION MEETING: ~ 3~ 199 (,P APPLICANT: BOISE VALLEY CONSTRUCTION AGENDA ITEM NUMBER: 11 X12 REQUEST; PUBLIC HEARING• REQUEST FOR PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR BRIDGEWOOD CONDOMINIUMS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS r~ "REVIEWED" ,lfw SEE ATTACHED COMMENTS ~, 1~~ 1~ p , ~p P nnC~ 1 !C r SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS P ~~I~ Ll L a ~ P V~ ~ OTHER: III Materials presented at public meetings shall become property of the City of Meridian.