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Fothergill Subdivision No. 3 FPWILLIitM 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 PATNA. 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 1DAIi0 MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX'(208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers Lioease (208) 888-4443 ROBERT D. CORRIE Maya COON I r~~FrL.±aFaS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMIS ION 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _ June 11. 1996 TRANSMITTAL DATE: 5/20/96 HEARING DATE:.. 6/18 /96 REQUEST: Final Plat for Fotheraill Subdivision No 3 BY:_ John ~ Sara Ewina LOCATION OF PROPERTY OR PROJECT:- East of Meridian Road and South of Ustick Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z -GREG OSLUND, P/Z -TIM HEPPER, P/Z -ROBERT CORRIE, MAYOR -RONALD TOLSMA, C/C -CHARLIE ROUNTREE, C/C -WALT MORROW, C/C -GLENN BENTLEY, C/C -WATER DEPARTMENT .~ -SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA IYERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU QF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~~ uJ May 2, 1996 Mr. Will Berg, City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Berg: 208-376-7330 FAX: 208-323-9336 RE: FOTHERGILL POINTE SUBDIVISION NO. 3 (Ewing Property) John R. Ewing and Sara L. Ewing Enclosed for your review and processing are the necessary documents as established by the City of Meridian Ordinances for a Final Plat for the above subdivision. As stipulated by said ordinance, please find enclosed the following: 1. 30 copies of the Application for a Final Subdivision Plat. 2. 30 copies of the Final Plat, Sheet 1, 18"x27", at a scale of 1" = 100'. 3. 3 copies of the Final Plat signature page, Sheet 2, 18"x27". 4. 10 copies of a reduced copy of the Final Plat at a scale of 1" = 300'. 5. A check in the amount of $220.00 for the Final Plat application fee from the Ewing Company. 6. A copy of the proposed CC&R's. 7. 4 sets of Improvement Plans, Sheets 1 through 7. Also, per City requirements, on behalf of the developer, John R. Ewing and Sara L. Ewing, we wish to make a Statement of Compliance as follows: -' 1. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by Ada County Highway District and Meridian Ordinances. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. The proposed use of this development is in conformance with the City of Meridian Comprehensive Plan. 3. This development will connect to City services. 4. This development will comply with City Ordinances. 5. This Final Plat is in conformance with the approved Preliminary Plat. J-U-B ENGINEERS, Inc. ENGINEERS • SURVEYORS ~ PLANNERS 250 South Beechwood Avenue, Sufte 201 Boise, Idaho 83709-0944 6. The street names are as approved by the Ada County Street Name Committee and will not conflict with the City of Meridian grid system. ~r~~u B= Engineers Surveyors Planners Mr. Will Berg, City Clerk May 2, 1996 Page 2 Please review the enclosed information and schedule for the next available City Council Meeting. Also, please transmit the Improvement Plans to Rick Clinton in Public Works. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. Gary A. ee, P.E./L.S. Project Manager GAL:Is Enclosures cc: John R. Ewing f:\projects\11141 \cityltrl.doc ~+ PLAT .SHOWING FOTHERGILL POINTS SUBDIVISION NO. 3 A PORDON OF THE SE 1/4 NW 1/4, SECTION 6 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE ItI:RIpAN MERIDIAN, ADA COUNTY, IDAHO 1996 N ~: ~._~. r~-u~B, ~~.~. S REG~UEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request far preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the montt,ly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P. M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Fothergill Pointe Subdivision #3 Name of Annexation and Subdivision. 2. General Location, SE 1/4, NW 1/4, Section 6, TWP 3N. , Range lE 3. Owners of record. John R. Ewing and Sara L. Ewing Address, 1500 Eldorado, Boise ~ Zip 83704 Telephone 377-1500 4. Applicant, same Address, 5. Engineer, Gary A. Lee, P.E./L.S. Firm J-U-B ENGINEERS, Inc. Address 250 S. Beechwood Avenue ~ Zip 83709 Telephone 376-7330 6. Name and address to receive City billings: Name John R. Ewing Address 1500 Eldorado, Boise Telephone 377-1500 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 5.12 2. Number of lots 22 3. Lots per acre 4.29 4. Density per acre 4.29 D.U. /Ac 5. Zoning Classificationcs~ R-8 i ~ 6. If the proposed subdivision is outside the Meridian City Limits but within the ~urisdictiona~~A ile, What is the existing zoning classi2ication 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? No Explain For future parks? NO Explain Linder Elem, Meridian 11. Wt,at school c s ) service the area Middle and High School do you propose any agreements for future school sites No ' 12. Explain Other proposed amenities to the City None Water Supply None Fire Department None Other Yes Explain Pressurized irrigation system 13. Type or Building (Residential, Commercial, Industrial ur combination ) Residential 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other Single-family only 15. Proposed Development features: a. Minimum square footage of lot (s) , 7,175 b. Minimum square footage of structure c s ) 1, 300 SF c. Are garages provides for. Yes square footage 450-500 SF d. Are other coverings provided for No e. Landscaping has been provided for No Describe c2) M f. Trees will be provided for No Trees will be maintained g. Sprinkler systems are provided for No h. Are there multiple units NO Type remarks i. Are there special set back requirements No Explain j. Has off street parking been provided for YeS . Explain Driveways and garages k. Value range of property $80,000-$120,000 1. Type of financing for development Conventional, VA, FHA m. Protective covenants were submitted YeS . Date w/Phase I 16. Does the proposal land lock other property No Does it create Enclaves No STATEMENTS_OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five t5) feet in width. ~. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict wi th City grid system. c3) • { MERIDIAN CITY COUNCIL JANUARY 2 1996 The regular meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 P.M.: MEMBERS PRESENT: Max Yerrington, Walt Morrow, Ron Tolsma, Bob Corrie: OTHERS PRESENT: Wayne Crookston, Will Berg, Gary Smith, Shari Stiles, Jim Johnson, Bill Gordon, Glenn Bentley, Charlie Rountree, John Shipley, Jim Howell, June and Malcolm MacCoy, George Howe, Ted Hanson, Walt Casey, Arden Davis, Linda Davis, Marto Bourquin, Jim Bourquin, Bud and Alice Jerome, Art and Florence Hall, Michael Gorgy Daniel Steenson: MINUTES OF PREVIOUS MEETING HELD DECEMBER 19, 1995: Kingsford: Are there any corrections, additions or deletions to those minutes? Tolsma: Mr. Mayor, I move they be approved as written. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the minutes as written, all those in favor? Opposed? MOTION CARRIED: Alf Yea ITEM #1: TABLED DECEMBER 19, 1995: LICENSE AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DISTRICT FOR DRAIN IMPROVEMENTS IN FOTHERGILL SUBDIVISION: Kingsford: Counselor you have -those and would you describe them for the Council? Crookston: I have prepared what we have previously called a clean agreement that has no shown changes in it. I also did what we call a red line agreement. I have them here in front of me. I believe that Will just indicated to me that Mr. Dan Steenson is here. We have had discussions about this for quite some time. I got these over to him and he went over them. I finally got them to the Nampa and Meridian Irrigation District Board. Mr. Steenson would you like to reference as to what happened there this afternoon after we talked? Steenson: I am Dan Steenson with (inaudible) we represent the Irrigation District. Wayne I think you have a letter from me which summarizes where we are at. Wayne got me a draft on Thursday and then one again this morning to bring over to the board of directors for consideration. It had changes to a license agreement for the same purpose as the Fothergill greenway that we had done with the City of Nampa. Wayne's version did. I got that over to the District's board this afternoon and discussed with them the changes they ~ ~ Meridian City Council January 2, 1996 Page 2 accepted some and rejected others. Of particular concern to the District were changes which the District felt would diminish the City's responsibility for public activity on the greenway. The District's position there is that construction and use of a greenway within the District's easement is something that they can permit if the City will be responsible for the construction and the activity that goes on in that greenway. Obviously putting a bike path in the District's easement for a ditch isn't something the District would do as part of its operation and maintenance of the ditch. So the district was concerned that it be protected as it was with the agreement with the City of Nampa from what might occur on the greenway. That was the most significant concern, what they authorized me to do was to bring to you an agreement that was similar in substance to the agreement signed with the City of Nampa and I discussed this with Wayne, given the short time frame that we are on we decided that we bring to you one that had, that was what the board had approved and that Wayne would have his this version that he had submitted available to discuss his changes and any issues that you raised with him. Wayne, I think that pretty fairly summarizes where we are at. Crookston: Thank you, I did not bring the copies that Mr. Steenson was referencing. I had them with me but I didn't bring them to the meeting. Steenson: I should add, Wayne if I might, that I prepared two versions. The second version as I discussed in my letter suggests a provision whereby the City would agree to adopt ordinances that it would be necessary for protection of public safety related to use of the Fothergill greenway, related to enforcement of the provisions of the license agreement with the irrigation district. We didn't have a chance to talk about that. The district wanted me to raise that for your consideration and therefore I integrated that into one of the versions that I have given to you Wayne it is not in another version. Part of the reason for that was there was another provision in which that had to do with enforcement of ordinances that pertained to use of the Fothergill greenway. But I don't know of such ordinances so I added that Wayne and that is in what I have called license agreement #2, so there are those 2 from me for your consideration. Kingsford: Mr. Steenson if I might, one of the sign cant differences I see in the agreement that we are looking for and the one that you did finally sign with Nampa and I think it to be quite significant is that we are the owners of the property. The irrigation district is the owner of an easement only. So 1 think some of the things they are asking for are unreasonable. Now having said that I promised those folks that we would have some sort of a license agreement before they came over and bulldozed it back in what we had done. Steenson: I understand the thinking with ownership as opposed to the situation with the City of Nampa where the fee is not. owned. But again from the District's perspective what is being authorized here is two things, first is construction -not authorized but agreed to by Meridian City Council January 2, 1996 Page 3 virtue of the license agreement is construction of a greenway and then use of a greenway. Essentially that is something the City is inviting pedestrians, members of the public to do. That is fine but the district is very concerned that the City is responsible for that public's use of that greenway which they are invited to use by the City. The district just doesn't have the capacity or be responsible for what people. do on a greenway within their easement. So, from the District's perspective whether the ground is owned by the City or not the issue is the same. When you are talking about use of a recreational facility within an irrigation easement. If you have particular provisions or other provisions that you want us to discuss we can do that but we can't get it done before this meeting. Part of where the board was coming from was we don't really have time to get into this before tonight's meeting as we might if there were another week or two. So they authorized me to come deal with the agreement that we did with Nampa. Kingsford: Counselor? Crookston: I have not reviewed these agreements that Dan brought-with him tonight. I do that there were some things as Mr. Steenson suggested that he thought would be difficult for the Irrigation Board to agree to. Some things apparently were still left in the draft that I had done. I would suggest that the Council approve it subject to my review and getting appropriate changes that Mr. Steenson and I can work out. Kingsford: So basically what you are saying is I have to fire you tonight because you didn't have this all squared away? So be it, you are out of here. Given where we are at at this time I think that is a logical step, entertain a motion to that effect. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the license agreement subject to his and our review and to what can be worked out by himself and Mr. Steenson, all those in favor? Opposed? MOTION CARRIED: All Yea Crookston: Mr. Mayor, I would like to publicly thank Dan Steenson for his assistance in this. It has been a long ongoing problem but I think that we have gotten it 99.9% further along than it was before. Kingsford: Which for two attorneys is commendable. u MERIDIAN CITY COUNCIL MEETING: JANUARY 2.1996 APPLICANT: ITEM NUMBER; 1 REQUEST; LICENSE AGREEMENT WITH NAMPA ~ MERIDIAN IRRIGATION DISTRICT FOR DRAIN IMPROVEMENTS IN FOTHERGILL SUBDNISION 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 S~ o ~ ~~~ ~ a ~.PPr°Ve ~~ ~J,~'' sU~~ r Q ~~~e OTHER: AEI Materials presented at public meetings shall become property of the City of Meridian. RINGERT ~ CLARK HARTERED LAWYERS January 2, 1996 William F. Ringert D. Blair Clark James G. Reid Jeffrey R. Christenson James P. Kaufman Laura E. Burri Allyn L. Sweeney Patrick D. Furey Michael J. Doolittle David Hammerquist Daniel V. Steenson Steven C. Mahaffy Samuel Kaufman (1921-1956) BY HAND DELIVERY Mr. Will Berg City Clerk City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: License Agreement with Nampa & Meridian Irrigation District for Fothergill Greenway improvements constructed within the District's easement for the Jackson Drain Dear Mr. Berg: With this cover are duplicate originals of two versions of the above-referenced License Agreement which the City of Meridian requested. I have discussed the agreement with Wayne Crookston and The District's Board of Directors has approved both versions for the City's consideration. After discussions with Sherry Stiles and Gary Smith and on- site meetings in November, 1995, the District provided Mr. Crookston with a prototype for a License agreement which the District would agree to enter regarding the Fothergill Greenway. Please see Daren Coon's November 17th, 1995 letter, copy enclosed. Mr. Crookston proposed changes to the agreement and submitted drafts for the District's consideration on December 27th, and this morning, January 2nd. Mr. Crookston summarized these changes in his January 2, 1995 letter, copy enclosed. The District's directors considered the draft License Agreement with Mr. Crookston's changes at its meeting this afternoon. The directors did not approve many of the changes proposed by Mr. Crookston. The directors authorized me to submit to the City a License Agreement which .contains the same substantive terms as the prototype which the District entered with the City of Nampa for construction of a "greenway" along the Wilson Drain. ~ QcPire ~ -Z-9 d ~i~ ~~ ~~~ 455 South Third Street • P.O. Box 2773 • Boise, Idaho 83701 • 208/342-4591 FAX 342-4657 • • Mr. Will Berg January 2, 1996 page 2 In order to present an agreement for the City of Meridian's consideration at its meeting this evening and give the Council an opportunity to consider any issues involved, Mr. Crookston and I agreed that I would prepare a License Agreement which included the language approved by the District with an explanation of the reasons for rejecting the proposed changes, and that Mr. Crookston would discuss with the Council the changes he had suggested. The two versions enclosed differ in one respect which I have not had an opportunity to discuss with Mr. Crookston. The second version, labeled with a cover page with the words "License Agreement No. 2," includes subparagraph F at page 6, under the heading "4. Special Conditions and Requirements." In summary, this paragraph states that the City shall adopt and enforce ordinances which the City deems necessary to protect safety, enforce the terms of the agreement, and protect the District's use and maintenance of the Jackson Drain. The District requests that the City consider the addition of this provision to protect the interests of the City and the District and to protect the public. The first version does not include this provision and contains the substantive terms of the District's agreement with the City of Nampa. The District rejected changes suggested by Mr. Crookston which eliminated or diminished the City's responsibility for the public's use of the Fothergill Greenway. Although the District understands the City's desire to create recreational areas along certain irrigation drains, the District cannot be placed in a position of responsibility or potential liability for the City's construction of the Greenway or its invitation to the public to use it. The District constructed, operates, and maintains the Jackson Drain solely for the purpose of collecting drainage and irrigation return flows. Recreational activity alongside the District's drains and laterals imposes obstructions to the District's operations and creates risks which are inconsistent with the District's function and obligations. The District can accept such activity within its facilities only if the City accepts full responsibility for the new construction and use. Please submit both versions of the License Agreement to the Council for consideration at its meeting this evening. Yours very truly, Daniel V. Steenson cc: John Anderson • r ~Pi/ed -y6 c~~~rn~. ~,~~ ysa & ~~2e~idta~ ~l~at~oa D~¢t~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 17 November 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Sherry Stiles, Land Planner so.se 343-1884 Gary Smith, Engineer SHOP: Nampa 466-0663 City of Meridian Base 345-2431 33 East Idaho Meridian, ID 83642 RE: Meeting of 16 November 1995 to Discuss Contract for Recreational Use of Various District Drains, i.e. Jackson Drain - Discussion Concerning Pressure Urban Irrigation Systems and Corresponding Construction Contracts Dear Sherry Stiles and Gary Smith: I take this opportunity to thank you for meeting with John Anderson, Dan Steenson (District's legal counsel) and me on Thursday, 16 November 1995, at your offices in Meridian City Hall. We believe that the outcome of our meeting was very positive and should lead to a signed agreement that would allow the City of Meridian to use certain drains for recreational pathways. The District and Dan Steenson awaits a response from Meridian City's legal counsel and perhaps follow-up discussions. A secondary discussion but equally important subject matter was the issue of pressure urban irrigation systems and the developer's part in working with Nampa & Meridian Irrigation District in securing construction contracts between the developer and the District as early on as possible in the development phase. As a result of our discussion, Dan Steenson and the District offered its assistance to the City of Meridian in drafting language that would help both the Irrigation District and the City of Meridian in the process of securing a relationship between the developer and the District in pressure urban irrigation systems in Meridian City's jurisdiction. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS • 40,000 • 17 November 1995 Sherry Stiles and Gary Smith Page 2 of 2 Dan Steenson will coordinate with Laura Burri (Nampa & Meridian Irrigation District's other legal counsel specializing in pressure urban irrigation systems) to propose suggested language to the City of Meridian that would assist in resolving the on-going dilemma that Nampa & Meridian Irrigation District has in securing a definitive position of the developer concerning pressure urban irrigation systems. As I outlined in our conversation, one of the most difficult things that the Irrigation District encounters is a developer who does not indicate very early on as to whether or not the Irrigation District will own, operate and maintain the system (which requires a contract) or that the developer and/or the home owners association will own, operate and maintain the pressure urban irrigation system. In closing, I thank you once again for your cooperation on all of these subjects and look forward to follow-up correspondence and discussion. In the interim, should you have questions, please feel free to call on either me at the Office telephone number listed above, John Anderson at the Shop telephone number listed above, or Dan Steenson and Laura Burri at 342-4591. Sincerely, Daren R. Coon, Secretary/Treasurer DRC/dnm cc: File Each Director Water Superintendent Attorney - Burri Attorney - Steenson Attorney - Ringert AHDItOCT: ~ P I TZGI:MLD&C 200 000 X969 01 02 96 10 t 26 • AHBROSE, FITZGERALD & CROOK STON ' ATTOliIV1sYS AND cntnrssww ,-r uw 1i1fAK1 V AMM051r pflil>tp) JOI1N 0. II1Z('RRAU). t.~. w•vNt G CROORa'IVN. ~R., rA IS10 WE57' J 1 A'1'k . P.O. BUX 127 'Rllfl')IONR 17M1 Witt RMt1At11s cart rsaw w1u.NM t ecNrvrr>• 1oNN o. trrsne••t~ n_ ~~ MBRIDIAN~ 1DiA80 iliN Tl~1S FIRM IN~7Jtn~lt atOP01910NA1, CoRPOM120N3 January 2, 1996 Daniel E. Steenson Ringert Clark Chartered Lawyers 455 South 3rd Boise, ldaho B37QZ Re: CITY OF MERIDIAN and NAMPA 6 MBRIDIRN IRRIGATION DISTRICT License AgrRSment Dear Dans Please find enclosed four copies o! the above referencsd license agreement. Two copies are of the red-line version tao of the proposed final agreement. As we talked about the other day, about mo oubmittinq argument supporting the chaiiyns to the City of Nampa agreement, please have the Irrigation Distriot Board consider the following: 1. The biggost difiersnces between the Nampa and Meridian Agreements are that Meridian hao title to the land where the Jackson Drain has been improved, the wotrk authorized by the agreement has already been done and the Irrigation District has had the opport-~ni.ty to view and inepaect what has boon done. Z. I removed portiono of the Nnmpn agreement that indicated Meridian would dictate or. control the public. Neither Meridian nor the District have control over the public. Meridian call put up signs that limit the use by the public or make the public's action criminal, but it cannot control the public. I left the signaq® roquirement in the agreement. 3. In 4. J. 1 put in that Meridian could authorize longer uoe of the drain beeauae it owned the land, bul• I stated that the Diatriet use shall not be impeded in any fashion. Sinoe Mcridian is the owner oP the land I believe that what I have atatwd is appropriate booauso of that ownership. 4. I removed references to specific things that are only involved in the Nampa area, such es the Bdwnrds Lateral. r.o2 5. In Seci:ivtl 6. I removed refer®nce to Stock wet®rinq role and Drain Crossing since there is not going to be any with the Jaakeon Drain. I also did not reference copies of the Typical bath Cross AHDnO~~~TIT2GL1:nLD8~C 200 000 X969 01 ©~ 96 10:2? P.O~ Section and Typical Path Lc~vation because construction has already beon completed. 6. In Sections 7. I left the indemnification and hold harmless language as existed in the Nampa Aqr®ement. 7. In Section 9. I removed that Heridian would indemnify for conetsuctfon damage since construction has already been completed. I a].ao removed "landowners" and the "public" in this section becaudd they were already eovezcd in the Section 7 indemnity. A. In 5®ation 11 I put in that the District would pergorm u~aintenance since that is its standard duty and in Section 14. it states that the Di.ntrict shall not be liable for damage in the Course Ot performanc;fe of maintenance or repairs, unless such is caused by its, or its employee's nsglige!ne®. 9. In Secti~r~ 15. I added language that states that the City woukld take criminal or civil action to atop drainage, wasting or discharge of waste into the Jackson Drain and took out language that teed the City reimbursing the District far costa of stoping such drainage and/or waRtinq into the Drain. I believe that the City would be better off instituting action to stop such activity raLlier than paying the oost of the District since the District does not have criminal enforcement ability in iL's own right. 10. In eeation 16. I romoved the language that the City would pay costa and attorney tees for non-litigation cnforcAawnt of the Agreement, because such was not stated to be thw ease if the City had to do the same thing. It was stated that if litigation enforcement was undertakdii the prevailing party wpould b® awarded costs and attorney fees, which I believe to be fair. Tha non- litigation statement was not equitable so I took it out. 11. My addition in Section 19. is just to state that the City, by ex®cutinq thw Agreement, is not giving up any of its rights. 12. In Section 21. I just made the paragraph more oquftable by removing the "unconditional" language and by stating that any agreemeni:b entered into by the City had to bey approved by the Distriot. 13. In Section 22 I romoved the restriction against the City from asserting waivwr or estoppel because ii: was not stated that the UistrlCt could riot assert ouch defenses. Thank you very much for your assistance on this projoat. very ~~o~~~~~?~r~EV rao SENT ,!T•,~.~LT SIf+~A111't[ fed 1~!'S A~SE(iCE 10 QU010 QEU+Y jgAYN1S G. CROOKSTO~I, Jlt FiGC : jd RINGERT ~ ~ ~ CLARK LAWYERS William F. Rinien D. Blarr Clark JamF5 G. Reicl Jelifev R. Chnsrerts:rm Janteti P. Katuntan Laura E. t3urn :allvn L. Swrrnev Patrick D. Furey Nidtarl J. D<wlinle David Hammrrquisr Dactirl v. steer>yon Steven L. ~laha(fv January 2, 1996 BY HAND DELIVERY Mr. Will Berg City Clerk City of Meridian 33 East Idaho Meridian, Idaho 83642 5arnuel Kaufman I I~J21-19861 Re: License Agreement with Nampa & Meridian Irrigation District for Fothergill Greenway improvements constructed within the District's easement for the Jackson Drain Dear Mr. Berg: With this cover are duplicate originals of two versions of the above-referenced License Agreement which the City of Meridian requested. I have discussed the agreement with Wayne Crookston and The District's Board of Directors has approved both versions for the City's consideration. After discussions with Sherry Stiles and Gary Smith and on- site meetings in November, 1995, the District provided Mr. Crookston with a prototype for a License agreement which the District would agree to enter regarding the Fothergill Greenway. Please see Daren Coon's November 17th, 1995 letter, copy enclosed. Mr. Crookston proposed changes to the agreement and submitted drafts for the District's consideration on December 27th, and this morning, January 2nd. Mr. Crookston summarized these changes in his January 2, 1995 letter, copy enclosed. The District's directors considered the draft License Agreement with Mr. Crookston's changes at its meeting this afternoon. The directors did not approve many of the changes proposed by Mr. Crookston. The directors authorized me to submit to the City a License Agreement which .contains the same substantive terms as the prototype which the District entered with the City of Nampa for construction of a "greenway" along the Wilson Drain. 4~5 South T!iird Street • P.O. BOx 27 ~ 3 . Boise. Idaho 83 ~ ~ ~ • ?08/342-4c5n I F:-~X 342-4657 • • Mr. Will Berg January 2, 1996 page 2 In order to present an agreement for the City of Meridian's consideration at its meeting this evening and give the Council an opportunity to consider any issues involved, Mr. Crookston and I agreed that I would prepare a License Agreement which included the language approved by the District with an explanation of the reasons for rejecting the proposed changes, and that Mr. Crookston would discuss with the Council the changes he had suggested. The two versions enclosed differ in one respect which I have not had an opportunity to discuss with Mr. Crookston. The second version, labeled with a cover page with the words "License Agreement No. 2," includes subparagraph F at page 6, under the heading "4. Special Conditions and Requirements." In summary, this paragraph states that the City shall adopt and enforce ordinances which the City deems necessary to protect safety, enforce the terms of the agreement, and protect the District's use and maintenance of the Jackson Drain. The District requests that the City consider the addition of this provision to protect the interests of the City and the District and to protect the public. The first version does not include this provision and contains the substantive terms of the District's agreement with the City of Nampa. The District rejected changes suggested by Mr. Crookston which eliminated or diminished the City's responsibility for the public's use of the Fothergill Greenway. Although the District understands the City's desire to create recreational areas along certain irrigation drains, the District cannot be placed in a position of responsibility or potential liability for the City's construction of the Greenway or its invitation to the public to use it. The District constructed, operates, and maintains the Jackson Drain solely for the purpose of collecting drainage and irrigation return flows. Recreational activity alongside the District's drains and laterals imposes obstructions to the District's operations and creates risks which are inconsistent with the District's function and obligations. The District can accept such activity within its facilities only if the City accepts full responsibility for the new construction and use. Please submit both versions of the License Agreement to the Council for consideration at its meeting this evening. Yours very truly, Daniel V. Steenson cc: John Anderson • • '~a~sr~ia & ~fe~udicu~ ~Ivr:tgatiocc Dc¢~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208.888-6201 17 November 1995 Sherry Stiles, Land Planner Gary Smith, Engineer City of Meridian 33 East Idaho Meridian, ID 83642 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Meeting of 16 November 1995 to Discuss Contract for Recreational Use of Various District Drains, i.e. Jackson Drain - Discussion Concerning Pressure Urban Irrigation Systems and Corresponding Construction Contracts Dear Sherry Stiles and Gary Smith: I take this opportunity to thank you for meeting with John Anderson, Dan Steenson (District's legal counsel) and me on Thursday, 16 November 1995, at your offices in Meridian City Hall. We believe that the outcome of our meeting was very positive and should lead to a signed agreement that would allow the City of Meridian to use certain drains for recreational pathways. The District and Dan Steenson awaits a response from Meridian City's legal counsel and perhaps follow-up discussions. A secondary discussion but equally important subject matter was the issue of pressure urban irrigation systems and the developer's part in working with Nampa & Meridian Irrigation District in securing construction contracts between the developer and the District as early on as possible in the development phase. As a result of our discussion, Dan Steenson and the District offered its assistance to the City of Meridian in drafting language that would help both the Irrigation District and the City of Meridian in the process of securing a relationship between the developer and the District in pressure urban irrigation systems in Meridian City's jurisdiction. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS -40,000 • • 17 November 1995 Sherry Stiles and Gary Smith Page 2 of 2 Dan Steenson will coordinate with Laura Burri (Nampa & Meridian Irrigation District's other legal counsel specializing in pressure urban irrigation systems) to propose suggested language to the City of Meridian that would assist in resolving the on-going dilemma that Nampa & Meridian Irrigation District has in securing a definitive position of the developer concerning pressure urban irrigation systems. As I outlined in our conversation, one of the most difficult things that the Irrigation District encounters is a developer who does not indicate very early on as to whether or not the Irrigation District will own, operate and maintain the system (which requires a contract) or that the developer and/or the home owners association will own, operate and maintain the pressure urban irrigation system. In closing, I thank you once again for your cooperation on all of these subjects and look forward to follow-up correspondence and discussion. In the interim, should you have questions, please feel free to call on either me at the Office telephone number listed above, John Anderson at the Shop telephone number listed above, or Dan Steenson and Laura Burri at 342-4591. Sincerely, Daren R. Coon, Secretary/Treasurer DRC/dnm cc: File Each Director Water Superintendent Attorney - Burri Attorney - Steenson Attorney - Ringert AIfDItOGT: ~ I' I T2GI:I2ALD&C 200 000 9969 01 02 96 10 = 26 P . 02 • AHBROSE, FITZGERALD & CROOKSTON ATroltrB7's,-Nn c»lnrs$s.ow,-r t,~w uwurr ~ AM~ROWC (»)sUw) JOtIN a tnzcRa,u). rw I90 WEST' ~ I A'I'k . P.O. BUX r27 M~YNt G CROORSi'ON.1R. tw. wtu.unt ~. scNw•nx IoNN tR fRl6p~iy p, ~,,, MSWDL-N,1W1!!O iJiN TNlS PERM INCJ.1II1ps PhnPil910NA1. CORJ~OM110N9 Jazsunry 2, 1996 Daniel E. Steenson Ringert Clark Chartered Lawyers 455 South 3rd Boise, Idaho 63702 77ide)roeae urI ~.ue) Ra[f)Mlli ~) ~~ Rss CITY OF HERIDIAN and NAMPA ~ MERIDIAN IRRIGATION DISTRICT License Agreement Dear Dan: Please find enclosed four copies of the above referenced license agreement. Two copies are of the rod-line version tt~ro of the proposed finnl ogre®ment. Aa we talked about the other day, about mo •ubmittinq nrqumsnt supporting the CI11113yds to the City O! Nampa agreement, please have the Irrigation Distriot Board consider the following: 1. The biggest differe~ncas bettyeen the Nampa and Meridian Agreements are that Meridian hao title to the land whore the Jackson Drain has been improved, the work authorized by the agreement has already been done and the Irrigation District has had the opportunity to view and insepasct what has been dons. 2. I removed portions of the Nampn agreement that indicated Meridian would dictate or. control the public. Neither Meridian nor the District have conL•rol vvsr the public. Meridian can put up signs that limit the use by the public or make the public's action criminal, but it cannot control the public. i left the signage requirement in the agreement. 3. Ili 4. J. i put in that Meridian could authorize longer ua• of the drain because it ormed the land, bul: I stated that the District use shall not bs impeded in any fashion. Since Meridian ie the owner of the land I believe that what I have atatRd is appropriate booauoo of that ownership. 4. I removed references to specific things that are only involved in the Nampa area, such as the Ildwnrds Lateral. 5. In sectlvii 6. I removed reference to Stock watering Hole and Drain Crossing since there is not going to be any with the Jnakeon Drain. I also did not retersnr_p copies of the Typical Path Crooe ' AMDROGI: ~ I' I T'ZG>:I1ALD&C • X00 000 0969 0 ~ 96 10 ~ 2T P . 00 Y Section and Typical Pnth Location because construction has already beon completed. 6. In Sections 7. I left the indemnification and hold harmless language as existed in the Nampa Agreement. 7. In SecL•i~n 9. I romaved that ~leridina would indemnify for construction damage since construction has already been completed. I al.ae removed "landowners" and the "public" in this section becaur~e Lhey were already covarod in the Section 7 indemnity. A. In section 11 I put in that the District would perform u~aintenance since that ie its standard duty and in Section 14. it states that the District shall not be liable iar damage in the Course O! performanc:fe of maintenance or repairo, unless such is caused by its, or its employee's nsgligPnca. 9. In Seetica 15. I addod lanquege that states that the City woukld take criminal or civil action to atop drainage, wasting or discharge of waste into the Jackson Drain and took out language that had the City reimbursing the District far costa o! stoping such drainage and/or wasting into the Drain. I believo that the City would be better off instituting action to stop such activity raLlier than paying the oost of the District,since the District does not havo criminal Pnforcement ability in iCs own right. 10. In 8eation 16. I romoved the lnnquage that the City would pay costs And attorney tees for non-litigntion cnforcAmant o! the Agreement, because such was not stated to be the ease it the City had to do the same thing. It wan stated that if litigntion enforcement was undertakesu the prevailing party wpould be awarded litigation ast tementf was+notiequitabla ao I took it lout. Ths non- executing thwiAgreement,i is not giving up any of tits rights~y~ by 12. In Section 21. I just made the paragraph trwre equitable by removing the "unconditional" language and by stating that. nay agreemeni;a entered into by the City had to be approved by the Distrivt. 13. In section 22 I romoved the restrfctio~ against the City lrom assorting waivwr or estoppel because iC was not stated that the llistriCt Could trot assert such defenses. Thank you very much for youz assistance on this projoat. very S~q~~o~~~~?~AE 2~1U0 ICS ABSE(iCE Its aV0{0 QElkV WAYNIS G. CROOKSTON~ JIt. WGC:jd CENTRAL •• 96-1084 DISTRICT ~'1'HEALTH DEPARTMENT MAIN OFFICE • 707 N, ARMSTRONG Pl. • BOISE, iD 83704-0825 • (208) 375-5211 • FAX 321-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. September 20, 1996 J:~.:.~,°-a ~ '~-~~~~~ } ia1-et.R' David Navarro ~'~~'~~ :"~~° f-~ L e i ~: y r- Ada County Recorder `y "+ 650 Main Street Boise, ID 83702 RE : )~ ~ ~, ~,~ .-, DIVISION, #3 Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on September 19, 1996. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, ~.2~ ~_ Thomas E. Schmalz, .H.S. Senior Environmental Health Specialist cc: Tom Turco, Environmental Health Director Martin O. Jones, Environmental He-:lth Supervisor HUD City of Meridian John Ewing J-U-B Engineers Serving Palley, Elmore, Boise, and Ada Counties ADA / BOISE COUMY OFFI(~ ELMORE COUMY OFFCE VALLEY COUMY OFFICE 701 N. Armstrong Place 520 E. 8th Street North P.0. Bar 1448 Boise, ID 83704.0825 Mountain Norris, ID McCoi, ID 8~8 Ph. 315.5211 83647 Ph.587-9225 Ph. 634-1194 Na~ AlJG 1 3 19~~ CITY ~I+ :~LRII~IAI~ August 18, 1994 The Mayor and City Council City of Meridian Meridian City Hall 33 E. Idaho Ave. Meridian, Idaho 83642 Dear Mr. Mayor and City Councilmen: On April 4, 1994 we paid the City of Meridian a Well Development Fee of $406.00 for each of the eighty lots we were developing in Fothergill Pointe Subdivision Phase 1. This fee was in lieu of a pressurized irrigation system at the subdivision. We are putting in a pressurized irrigation system for Phases 2 and 3 of Fothergill Pointe Subdivision. We are also considering retrofitting 51 lots of Phase 1 with a pressurized irrigation system. We will retrofit these 51 lots if we are able to receive a refund of the Well Development Fees on them. It is my understanding from earlier conversations with City personnel that we could do this. This letter is our request for your consideration on a refund on Fothergill Pointe Phase 1. Sincerely, John R. Ewing JRE:lw '~ r~APR 14 '97 1Q~47AM NAMPA MERIDIAN IRR. ~ ? ~ ~ s 3 ~ P.2i13 ~~;;: '~' NAMPA & MERIDIAN lRRIGATIDN DISTRICT '97 f-P~ 7 ~I~ ~ !~ 2` ~7.oa ADDENDUM TO CONSTRUCTION CONTRACT FOR URBA~~~t$x.GATSON IN FOTHERGILL POINTS SUBDIVISION~~ ~~AD~'• ` ~ • ^ "'' `~" r t) r FOTHERGILL POINTS SUBDIVISION N0. 3 1.DEFINITION3. In this Agreement certain words appear which have the following meaning: "Owner" or "Owners" mean the owner(s) of the land to which irrigation water will be distributed by the urban irrigation system that is the subject of this Agreement. "Plans" means drawings ar diagrams graphically showing the work to be done. "Specifications" means the statements describing the materials, dimensions, and workmanship for the work to be done. "Addendum" means this written and signed Addendum (contract} the Owner and Nampa & Meridian Irrigation District have entered into for the work to be done. "Agreement" means the written and signed Agreement contract} the Owner and Nampa & Meridian Irrigation District have previously entered into for work to be done in a prior phase of this subdivision. 2.STATUTORY AUTHORITY. This Addendum is made under the authority of Idaho Code ~ 43-330A through 43-330G. 3. PROPERTY COVERED BY THIS ADDENDUM. This Addendum is intended for the benefit of those lots in Fothergill Pointe Subdivision No. 3. Fothergill Pointe Subdivision No. 3 has obtained final plat approval. The plat was recorded as instrument number 97021040 in. Book 73 of Plats, at pages 7555 and 7556, records of Ada County, Idaho. The pump station far this subdivision is located in Fothergill Pointe Subdivision No. 1. ADDENDUM TO CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN FoTHERGILL PaINTE SUBDIVISION NO. 3 -Page 1 r APR 14 '97 10~48AM NAMPA MERIDIAN IRR. P.3~13 4. PRIOR AGREEMENT. Owner and Nampa & Meridian Irrigation. District have entered into a Construction Contract for Urban Irrigation System in Fothergill Pointe Subdivision on the 16th day of May, 1997, recorded in the records of Ada County, Idaho on May 27, 1.995 as instrument number 95033524. The parties hereby affirm as unchanged the terms, conditions and requirements set forth in the prior agreement except as a result of the provisions of this Addendum. 5. START OF 9PORK TO COMPLETION. Owner has completed the construction of the pressurized urban irrigation system in Fothergill Pointe Subdivision No. 3. Nampa & Meridian Irrigation District has the right to inspect the work and notify Owner in writing of any defects it finds. Nampa & Meridian Irrigation District shall not be required to approve and accept the pressurized irrigation system, and place it in service, until all defective work has been corrected by the Owner. 6. STATUTORY REQUIREMENTS OF IDAHO CODE § 43-3308. The following provisions are included in this Addendum as required by Idaho Code ~ 43-330B. A. The cost of construction of the pressurized irrigation system has been, or shall be, paid in full by Owner. B. Any portion of the cost of construction that is not paid upon completion of construction by the Owner or Owners, or by a third party on their behalf, shall constitute a lien against the lots in the Fothergill Pointe Subdivision No. 3, securing payment of the balance of the construction cost and payment of interest on any deferred installments of the construction cost. ADDENDUM TO CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN FOTHERGILL POINTE SUBDIVISION NO. 3 - Page 2 APR 14 '97 10~49AM NAMPA MERIP~IAN IRR. ~J ~~ C. The balance of the construction-cost, if any, shall be included in the assessments levied by NAMPA & MERIDIAN IRRIGATION DISTRICT against each lot in Fothergill Pointe Subdivision No. 3, based upon the ratio that the acreage in each lot bears to the total acreage in all lots in the subdivision. The levy and collection of those installments-shall be, as nearly as practicable, in accordance with the assessment, levy and collection of other assessments levied upon lands in Nampa & Meridian Irrigation District. E. Any deferred annual installment payments of principal and accrued interest, if any, may be prepaid in whole or in part at any time without penalty, but any prepayment of principal shall be not less than one- half of the amount of the annual installment payment of principal next coming due, but the prepayment privilege authorized by this subparagraph shall not be applicable where the construction costs have been financed through a local improvement district. F. If the pumping station and pipeline serving Fothergill Pointe Subdivision No. 3 also serves other lands, the cost of the pumping station and pipeline has been apportioned by Nampa & Meridian Irrigation District to all lands which are planned to be served by the pumping station, so that each acre of irrigable land to be served by the pumping station will be assessed and required to-pay the same amount. G. The Owner hereby grants to Nampa & Meridian Irrigation District an easement for the installation, operation, maintenance, repair and replacement of those portions of the pressurized irrigation system. The location of the easement shall be determined by the location of the pipelines and other facilities, as finally installed, the width of the easement shall be no less than five (5) feet on either side of the centerline of each pipeline, for a total of ten (ZO) feet. 7. ©WNERSSIP OF DISTRIBUTION SYSTEM. The pressurized irrigation system constructed under this Addendum shall be the P.4i13 property of, and shall be owned by, Nampa & Meridian Irrigation District. ADDENDUM TO CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN FOTHERGILL POINTE SUBDIVISION NO. 3 - Page 3 APR 14 '97 10~51AM NAMPA MERIDIAN IRR. P.5i13 -., .., ~iN~ ~ . .. 8. OPERATION AND MAINTENANCE BY NAMPA & MERIDIAN IRRIGATION DISTRICT; ASSESSMENTS FOR OPERATION AND MAINTENANCE. As provided in Idaho Code ~ 43-330F, the pressurized irrigation system constructed under this Addendum shall be operated, maintained, repaired .and replaced by Nampa & Meridian Irrigation District, and Nampa & Meridian Irrigation District may levy and collect annual assessments against each lot served by the irrigation system to defray the cost and expense of such operation, maintenance, repair or replacement. The Board of Directors of Nampa & Meridian Irrigation District shall apportion to each lot in Fothergill Pointe Subdivision No. 3 a portion of the cost of operation, maintenance, repair and replacement of the irrigation system, on the basis of the ratio between the acreage in that lot and the total acreage in all lots in Fothergill Pointe Subdivision No. 3. . 9. WATER QUALITY. Neither Owner or its successors and assigns shall make any cross-connection or tie in or allow one to exist between pipes or conduits carrying domestic water supplied by any public or private water service system, and any pipes, conduits or fixtures containing or carrying any used water, irrigation water, or any water or substance from any other source whatsoever, without prior approval. of Nampa & Meridian Irrigation District. 10. ENTIRE AGREEMENT. This Addendum and the Agreement entered into between the parties contains the entire agreement ADDENDUM TO CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN FOTHERGILL POINTE SUBDIVISION NO. 3 Page 4 APR 14 '97 10~52AM NAMPA MERIDIAN IRR. P.6i13 between the parties hereto with respect to the subject matter of this Agreement. 11. GOVERNING 7rAN. This Addendum shall be construed under, and governed by, the laws of the State of Idaho. 12. BINDING EFFECT. This Addendum shall bind the parties hereto and their respective heirs, personal representatives, successors and assigns. 13. AUTHORIZATION OF SIGNATURE. Owner hereby warrants that the person signing this Addendum has been authorized to do so by Owner, 14. AMENDMENTS. Amendments to this Addendum shall be made only by written instrument executed by each of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto caused their names to kie subscribed this ~-day of ~~G~, 1997. Jo wing Sara L.. Ewing NAMPA & MERIDIAN IRRIGATION DISTRICT n ~~ B ' ~ ~ ~ -.~ ATT~S'~ t ~ j ,; ~, ,,~ j~. ., ,, ~,,ADDENDUM•~ TO Ci7IJSTRUCTION CQNTRACT FOR URBAN IRRIGATION SYSTEM •.S~ FOTHEftGI.LL" POINTE SUBDIVISION NO. 3 - Fage 5 •.~ APR 14 '97 10~53AM NAMPA MERIDIAN IRR. ~~,..:, P.7i13 STATE OF IDAHO } } ss: COUNTY OF } On this ~ day of 1997, before me, the undersigned, a Notary Public in an br said State, personally appeared SARA L. EWING, known. to me to be the person whose name is subscribed to the foregoing instrument, .and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. a ~ ~~~ t1:J .. ~Jf I• - ~~ ~ ~ ~: - ~ of r lic o e S e of I aho - ~' ~ ~ Resid gat - Idaho `:;} :, - My commissi n "exp res . ~D~~ ;rta STATE OF IDAHO 1 ss: COUNTY OF ADA } On this ~_day of . 1997, before me, the undersigned, a Notary Publ in a or said State, personally appeared JOHN R. EWING known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ADDENDUM TO CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN FOTFIERGILL POINTE SUBDIVISION N0. 3 - Page 6 APR 14 '97 10~54AM NAMPA MERIDIAN IRR. STATE OF IDAHO } ss: County of Canyon ) ~~. ,~,,.f,. P.8i13 On this ~ day of 1997, before me, the undersigned, a Notar Pu lic in an or said S ate, personally appeared and , known to me to be the rest ent and Secretary, respective y, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~~ ~~ ~~ , ~ ,~r~pTAR~ ;~',~'~ Notary Pu zc or t e State of I a o Residing at , Idaho ' *_ -.~. ;~.: My Commission Expires : OD s ~Sy UB LZ ~', r0 00~ yi~i ~~ O F 1~ o~'~ ADDENDUM TO CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN FOTHERGILL POINTE SUBDIVISION NO. 3 - Page 7 14 '97 10.55AM NAMPA MERIDIAN IRR. ~~'V~~ ~ . ~~~~ engineers Surveyors Planners Project: 18780-01 Date: January 31, 2995 EXIiIBTT ' A' QOp}~ DESCRIPTION~`FOR FOTFiERGILL P.QINTE SUBDIVISION N0. 3 P.9i13 A tract of Iand located in the SE 1/4 NW 1/4; Section 6, Township 3 North, Range 1 East of the Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Beginning at an iron pin marking the Northwest corner of the SE 1/4 NW 1/4 of said Section 6,-also said paint being the REAL POINT OF BEGINNING; thence North 89°42'45" East 572.76 feat along the Northerly boundary of said SE 1/4 NW 1/4 to an iron pin marking the Northwesterly corner of Block 7 of Fothergill Pointe Subdivision No. 1 as shown of record in the office of the Recorder of Ada County in Boise, Idaho, in Book 65 of Plats at pages 6639, 6640, and 6b4i; thence leaving the Northerly boundary of said SE 1/4 NW i/4~and along the Westerly and Northerly boundaries of said Fothergill. Pointe Subdivision No. i the following courses and distances to iron pins: South 12°11•'55" west, 107.54 feet; South 22°12'13" West, South 09°34'50" East, South 77°27'21" West, South 89°42'45" West, South Ol°08'34" West, South 12°48'39" West, South 02°05'44" West, 54.12 feet; 83.22 feet; 107.74 feet; 118.97 feet; 105.03 feet; 51.34 feet; 105.09 feet; South 89°42'45" West, 304.63 feet to an iron pin marking the Northwest corner of Block 5 of said Fothergill Pointe Subdivision No. 1, also said point being on the Westerly boundary of said SE 1/4 NW 1/4; thence North 00°17'35" East, 520.03 feet along the Westerly boundary of said SE~1/4 NW 1/4 to the point of beginning, containing 5.12 acres, more ar less. ' !APR 14 '97 10~56AM NAMPA MERIDIAN IRR. P.1O/13 • '~~ • ~ •:~ ~ EX~IIBIT ' A' J/ :ngineers Surveyors Planners Project: 18780-01 i~ ^ Fothergill Pointe Subd. No. 3 January 31, 1995 4 ~ ~ Page 2 SUBJECT TO: All existing easements and road rights=of-way of record or appearing on Che above-described parcel of land, GAL:ls E:\uaera\projecte\18780\p1aC\legal3.doc Prepared by: J-U-B ENGINEERS, Inc. c3260 `r °` ~ ~ 3~ Sao .° o~ 9~ OF 144` l3,gR Y p, L$4, Gary A. Lee, P.E./L.S. I~ APR 14 '97 1~~56AM NAMPA MERIDIAN IRR. Q~~26 J.v1~13 ~~ ~. C. r vu KC.r_~~ .;l r~ ~. ON's;; .:,~+'i!:-;..G.~ r .l NAMPA & MER{DiAN IRRIGATE ~~DiS'CRiCT ° 97 AP~~ 7 fl~ 1 BILL OF SALE p9 ;; FOR FOT$ERGTLL POINTE SUBDIVISION N~~~ ~U~~ .,- ;;?>~ ,~:~ilEST KNOW ALL MEN BY THE5E PRESENTS, That on this ~~ day of ,~a~C ~f , 1997, John R. Ewing and Sara L. Ewing, hereinafter referred to as "Seller", for and in consideration of the sum of TEN AND 00/100 DOLLARS {$10.00) and other good and valuable consideration, to it in hand paid by NAMPA & MERIDIAN IRRIGATION DISTRICT, hereinafter referred to as "Buyer", the receipt thereof is hereby acknowledged,- and does by these presents Grant, Bargain, Sell and Convey unto Buyer, and Sts. successors and assigns, the personal property listed in Exhibit A attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the same to Buyer, and its successors and assigns forever; and. Seller does for its covenant and agree to and with Buyer, and its assigns to WARRANT AND DEFEND the sale of said property, goods and chattels hereby made, unto Buyer and its successors and assigns, against all and every person and persons whomsoever, lawfully claiming or to claim the same. IN WITNESS WHEREOF, Seller does. hereunto set its hands the day and year first above .written. - Jo wing Sara L. Ewing BILL OF SALE - PAGE 1 APR 14 '97 10~58AM NAMPA MERIDIAN IRR. P.1z~13 ,.~ v.4 3 ,t ~,! n :~~,~_~ o STATE OF IDAHO } } ss: COUNTY OF On this .~.~~ day o~,1~~l..- 1997, before me, the undersigned, a Notary Public in and fc~r said State, personally appeared SARA L. EWING, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~ lay ~ ~`• u• /~ J~. // '~' n~lJt! ~~. ,. . •~. i:' , }, STATE OF IDAHO ~ ss: COUNTY OF ADA } On this ~ day of 1997, before me, the undersigned, a Notary Public in an or said State, personally appeared JOHN R. EWING known tome to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. •~ :, S Resi My c aac,~o BILL OF SALE - Page 2 ~~ ~ ~ APP. 14 '97 10~59AM ~JAMPA MERIDIAhI IRR. ~,.~' ;Y ~" ~~ Exhibit "A" ~~* ~"~~~ .. FOTHERGILL POINTS NO. 3 LIST OF PERSONAL PROPERTY FOR URBAN PRESSURIZED IRRIGATION SYSTEM Item Individual Service and Valve Box 6" PVC CI 200 Pipe Line 10" PVC C-900 Sleeve Quantity 12 each 60 feet 44 feet P.13i13 flproJectslI 11411adminlbillsale.doc ~~~. ~~ PLAT SHOWING FOTHERGILL POINTE SUBDIVISI~ 5/8" Iron Pin, PE/LS 3260 or as described NO. Z A PORTION OF THE SE 1/4 NW 1/4, SEC110N 6 " Pipe aver 1/2"Iran Pin with Plastic cap, PE/LS 2471 TOWNSHIP 3 NORTH, RANGE 1 EAST, ~ , I; OF BEGINNING (INITIAL POINT MONUMENT) BOISE MERIDIAN /8"x 30" Iran Pin with Plastic cap. PE/LS 3260 MERIDIAN, ADA COUNTY, IDAHO /2"x 24" Iron Pin with Plastic Cap, PE/LS 3260 ~ ~ ~ C fury Line J rline of Public Street ~ r •, ine . . ~, Drainage and Irrigation Easement Line N 58'54'50" I N 89"42'45" f l 58.59 110.01 N 89'42'45" E 325.1 z ~'- - -~ ° 1 J .»297.55-- -72.81- -70.00- -85.00- ~ Q 2 ~ `b. T z 3 3 ~ 25' 25' .F, ' S 89'39'89" E /+'M1/ sU'" i 8 6 u 17 °o n 16 °° n 15 .Q 5 N no.oo - _ d° ° - v r 6` 3 ml A ,~ , ,~^j~ 1 19 f, £ z z `~ H NS 89'39'59' E 1 .~ b ~ S~ p I~ noao O' 10 zo `TO. S '~ N 89'12'15' E r n ~ 4 'Q) k /.b i •„ - 231.19 N ~ \J\~ 1o/1ti ~'?9ao. ?s. 3~ ~+ S 8910.00 F ~J ~ 077 0~ O~ 1 21 ~ k ~ ?J ~ _ 1 ° ~ 6 5 0l ~6 ' ~'~. /Q ~ , ~~ N I S 8979'59' E QO\ PC7 ~ /~ tir 22 k / ~ 7~$`\'7. 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'`b ~cp ~ : 9 y S 79 zz'1~• r N 89'46'32" E f m 1`, s 19 ~, ~O ~ 4z f 11°. , s~,. /4+ ti N 1,~'ss j S 89'42'25" E 126.71 s „• ti 'o$.g, p ~'O Q.' ~se• p~'~. a 10 rb k O~ 130.00 } e ~ ~ - - - - - +~ 20 k bD `° ',y^` 'o $. 0. ocp rp •, S 11 I ~ 5. - - - - 6' \ ° bOi ~'' W ~tl a^ y.~1~ 1'L ~O 9 ~v `'S. ~b 25' 25' (^ 2 7 1 ~ ~ / S 4 - `~7. ~ SS 9 \ ~l `''O 90. OOJr•k ^ /j r ~ ~ C}) k b ~S. 7j5 J,F _ Q ~ S 89'12'25" E n (7-1 (1"\ '~o`~ cP cQ ~ 11 ~Q ~~ .S, 7 ~ N 89'12'25• W ry 31n 119.18 W 21 •',}. ~ .9i~,f 1~0. 1° r~ ~~ 601'S ~ 12 ~.SO I r .0 1}0.00 ~ n ~ 26 ve ~ r'zsz~r w 7 '4S 3 N 12 ~ 'F' // ~ 'sue, 6 ,bo` '~•9s l; ° 10 ~ n 110.00 ~ ~ v 7 ~~ '0 9~. ~ ' .,'3g `~-ti ~ ~°9 $'~ ~ a e~.ti~?° ~i l7J 3 ~ tV5 89'42'25 E It+'7 2 ~ f ~ A ~$`~. 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BROWN BEAR ST REET Y'7 3 °o "' i5 ° I^ ` 78.00 SOI W r °o ;, 16 0 ~ BLOCK 72.00 S~3 W r g ;, 17 0 ~ 12 16.00 s'~S W n °o ;, 18 0 72.00 567 W r o ;, 19 a 76.00 S9 9 W n ~ ;, 20 ° 90.00 ~ ~ ~ 20 ° ; 1 7 •' w I ~N 89'16'32' E ^ °o ,°„ 3 ~ ~, l5 I N N m 105.00 ~ n '~ ~ N o z W ° - ~ 21 ° ,t°' ti ~r ~, ~ a BLOCK 9 \,~ 25' 25' 105.00 ^ 1}.00 182.00 _ _ 690n ~ to' S 89'46'32" W } 1088.88 ~, 6 BASIS t7F BEARING 3 N t SE Corner, NW I/4 o e UNPLATTED Section 6: CP&F No. 0 9265307 ~ Found 2" Iron Pipe a with 1/2" Rebar with e Cap, LS 2471 acceptl•~t v ~~ and used as the Initial ._ Point Monument 2 ~J July 1, 1996 208-376-7330 FAX: 208-323-9336 ~~~~~ Mr. Will Berg, City Clerk City of Meridian C$TY ®~ ~~14~ 33 East Idaho Street Meridian, ID 83642 Dear Mr. Berg: RE: FOTHERGILL POINTE SUBDIVISION NO. 3 (Ewing Property) John R. Ewing and Sara L. Ewing Enclosed please find a revised Final Plat dated June 26, 1996, and a copy of a letter dated -May 20, 1996, from STRATA. The plat has been revised to correct a front lot line dimension. The street side dimension of Lot 4, Block 7, has been increased to the minimum of 65.00 feet. Other larger lots on E. Hawk Street were decreased to accommodate this change. Also, please accept this letter as our written response to the June 7, 1996 General and Site Specific Comments from Bruce Freckleton, Assistant City Engineer, City Public Works Department. We have addressed each comment in the order that Mr. Freckleton had raised the questions: GENERAL COMMENTS: 1. There are no open irrigation or drainage ditches crossing this project that require tiling. 2. There are no.existing wells or septic systems on this property that require abandonment. 3. The seasonal high groundwater on fhis property is estimated to be about 5.0 feet as is identified in the attached letter from STRATA. 4. An existing pressure irrigation system pipeline is in place and is currently operational around the perimeter of this development. These lots will be provided pressurized irrigation and will be operated and maintained by the Nampa & Meridian Irrigation District. 5. 6. The current FEMA maps indicate there are no known flood plains within this development. The City Engineer's comments are addressed within this letter. J-U-B ENGINEERS, Inc. ENGINEERS • SURVEYORS • PLANNERS 250 South Beachwood Avenue, Suite 201 Boise, Idaho 83709-0944 .. ~~ ~~ ~~.u.B, Engineers Surveyors Planners SITE SPECIFIC COMMENTS: Mr. Will Berg, City Clerk July 1, 1996 Page 2 1, This final phase of Fothergill Pointe Subdivision is in substantial conformance with the approved preliminary plat. 2. Lot 4, Block 7, has been modified. to meet the minimum 65-foot frontage in the R-8 Zone. 3. The owners of the subdivision have executed the Certificate of Owners and the accompanying Acknowledgment (shown on the enclosed Final. Plat, Sheet 2). 4. Thank you for your kind comments during the review of the subdivision plat. It is always nice to hear such praise from your- City Staff. If you have any additional comments or questions, please call me to discuss. Have the CCR's been approved by the .City Attorney or the City Council? These documents were submitted with the Final Plat application. Sincerely, J-U-B ENGINEERS, Inc. ~~ -~ Gary A.1ee, P.E./L. S. Project Manager GAL:Is Enclosures cc:` John R. Ewing Bruce Freckleton, Assistant City Engineer f:~projects111141 ~cityltr'1.doc s ~ ~ a ~ a GEOTECHNICAL ENGINEERING 8 MATERIALS TESTING 7446 Lemhi Street. Boise, Idaho 83709 208 376-8200 /Fax 208 376-8201 May 20, 1996 Project No. 83-35 Mr. Gary Lee, P.E. J-U-B Engineers, Inc. 250 Beechwood Avenue, Suite 201 Boise, Idaho 83709 Dear Mr. Lee: J-U-g .^^Ir.eer, r ~, I i ~sf r1 f Z t ~ ~~ ~ i R 1~F.IEJgHC RE: LETTER Ground Water Monitoring Fothergill Pointe Subdivision -Phase III Meridian, Idaho On April 26, 1996, at the request of J-U-B Engineers, our personnel observed the excavation of and logged one (1) test pit for ground water. monitoring. An observation well was installed to a depth of 10 feet. The well was installed 100 feet south by 100 feet east of the northwest corner of the property line. The subsurface soil in the test pit consisted of silty clay and clayey sand overlying sandy gravel to a maximum depth of 10 feet. The depth to the top of the sandy gravel was 6 feet. Ground water was encountered at a depth of 6.0 feet on April 26, 1996. A log of the test pit is attached. Ground water monitoring has been accomplished on a weekly basis. As of May 14, 1996, the depth to ground water is 5.3 feet. We anticipate that the ground water level will fluctuate in response to seasonal irrigation. Therefore, we recommend monitoring the well through October 1996. Based on our monitoring of ground water on other projects in the area, we anticipate the seasonal high water level could raise to within 5.0 feet of the ground surface. If you have any questions, please do not hesitate to contact our office. Sincerely, STPATA, INC. ~ ~ ed Claw 0~~~ Soil Laboratory Manager 6 5 6 0 Daniel P. Gado, P.E. '~- ~° Principal DPG/sr ~ ~~ ~ ~~~ O Enclosure ~'~oEl P. ®~o IDAHO WASHINGTON OREGON WYOMING MONTANA UTAH NEVADA EXPLORATORY TEST PIT LOG #1 w Q 0 Z 0 w >- ~ m Fothergill Pointe -Phase III Project No. 83-35 DEPTH SOIL SOIL (feet) CLASS DESCRIPTION 0.0 - 3.5 ML/CL Silty LAY -brown, soft, wet, organics to 2 feet. 3.5 - 6.0 SC Clayey SAND with gravel -brown, loose, wet. 6.0 - 10.0 GP Sandy RAVEL -brown, loose, wet. w J LL W a 0 } m 0 w Y U w ~ 2 m U Note: Could not reach 12 feet due to caving in gravel. Excavated on April 26, 1996. Ground water was encountered at 6.0 feet. Test pit terminated at 10.0 feet below existing ground level. Logged by: TC s ~ ~ a ~ a ' GEOTECHNICAL ENGINEERING 8 MATERIALS TESTING PLATE 4 1 ' s ~ ~ a- a ' GEOTECHNICAL ENGINEERING 8 MATERIALS TESTING 7446 Lemhi Street, Boise. Idaho 83709 208 376-8200 / Fax 208 376-8201 I ( ~ 1 _ .~_ J~~ ii i.a~r~ -1 f.1 ~~ j f -~ ~ Jt,~~ L' t `inr ,± ^' ~~ I s _'-~ ar ~~ .. _ `~ 1 •~ ~~ CUlSc, IuHhO REPORT T0: J-U-B Engineers - Boise DATE: 5/2/96 250 S Beechwood FILE NO: 83-25 Boise, Idaho 83709 INVOICE: 1-961290 DESCRIPTION OF PROJECT: Fothergill Point Subdivision #3 LOCATION: 1 Well LEGAL ADDRESS: 100' of S 89' 42' 45' CONTACT PERSON/PHONE: Gary Lee - J-U-B Normal high groundwater is the highest elevation of a water table that is maintained or exceeded for a continuous period of six weeks per year. In order to obtain the six highest groundwater readings, a monitoring time frame of eight weeks to one year will be necessary depending on location and site conditions. Groundwater ie measured from the original-grade rather than a filled or finished grade for consistency of readings. Soil profiles of test holes and soil-typing will also be submitted for review on the project. If the roundwater data does not reflect normal hi h water table for the area, additional monitoring may be require . Location of test holes on site: WEER 1 Date Monitored 4/26/96 Teat Hole 1 Test Hole Test Hole *Water De th 5'3.5' *Water Depth *Water Depth ~ WEEK 2 Date Monitored 5/2/96 Test Hole 1 Test Hole Test Hole *Water De th 5'3.5" *Water Depth *Water De th WEEK 3 Date Monitored. 5/8/96 Test Hole 1 Test Hole Test Hole j *Water Depth 5'3.S~ter Depth *Water Depth i WEEK 4 Date Monitored 5/11/96 Test Hole 1 Teet Hole Test Hole *Water Depth 5'3.5" *Water Depth *Water Depth WEEK 5 Date Monitored 5/20/96 Test Hole 1 Test Hole Test Hole *Water Depth 5'3.5" *Water Depth *Water Depth ~ -~~r~u trom vriginai ~raae. NW No Water To the best of my knowledge, the above information is accurate. Signature Date 6/26/96 IDAHO WASHINGTON OREGON WYOMING MONTANA UTAH NEVADA REPORT T0: J-U-B Engineers 250 S Beechwood Boise, Idaho 83709 DATE: 6/26/96 FILE NO: 83-25 INVOICE: 1-961290 DESCRIPTION OF PROJECT: Fothergill Point Subdivision #3 LOCATION: 1 Well LEGAL ADDRESS: 100' of S 89' 42' 45' CONTACT PERSON/PHONE: .Gary Lee - J-U-B This form is inten a for use as a too or measurement o groundwater monitoring only. Soi profiles of test holes and soils typing must also be submitted on this proposed project. The monitoring and accompanying graph must reflect the six weeks of highest groundwater. In order to obtain the six high weeks, eight weeks to one year of weekly monitoring will be necessary depending on the location and site conditions found. Groundwater is to be measured from original grade on all teat holes and not from a filled or finished grade. WEEK 6 Date Monitored 5/28/96 Test Hole 1 Test Hole Test Hole *Water De th 5'3.5" *Water Depth *Water De th WEEK 7 Date Monitored 6/3/96 Test Hole 1 Test Hole Test Hole *Water Depth 5'3.5" *Water Depth *Water DeptFi- WEEK 8 Date Monitored 6/10/96 Test Hole 1 Test Hole Test Hole *Water Depth 5'3.5" *Water Depth *Water Dept7~- WEEK 9 Date Monitored 6/17/96 Test Hole 1 Test Hole Test Hole *Water Depth 5'3" *Water Depth *Water Depth WEEK Date Monitored Test Hole Test Hole Test Hole *Water De th *Water De th *Water De th WEEK Date Monitored Test Hole Test Hole Test Hole *Water Depth *Water Depth *Water Depth WEEK Date Monitored Teat Hole Test Hole Test Hole *Water Depth *Water Depth *Water Depth WEEK Date Monitored Teat Hole Test Hole Test Hole *Water Depth *Water Depth *Water Depth WEER Date Monitored Test Hole Teat Hole Test Hole *Water De th *Water De th *Water De th WEER Date Monitored Test Hole Test Hcle Test Hole • *Water Depth *Water Depth *Water Depth WEEK .Date Monitored Test Hole Test Hole Test Hole *Water Depth *Water Depth *Water Depth WEEK Date Monitored Test Hole Test Hole Test-Hole *Water- Depth *Water Depth *Water Depth WEER Date Monitored. Test Hole Test Hole Test Hole ~ *Water Depth *Water Depth *Water Depth *Deptn from Original Grade. NW = No Water To the best of my knowledge, the above information is accurate. Signature Date 6/26/96 s ~ ~ a ~ a ' GEOiECHMCAI ENGiNEE RING i NAiE FIA~j •?5*'NG SUBDIVISION EVALUATION SHEET Proposed Development Name FOTHERGILL SUB NO. 3 City MERIDIAN Date Reviewed 5/30/96 Preliminary Stage Final XXXXX Engineer/Developer J.U.B. Engr. /John & Sara Ewing " The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. "E HAWK STREET" "E MOOSE STREET" "N EUREKA AVENUE" The above street name comments have been representatives of the ADA COUNTY STREET must be secured by the representative or his officially approved. ADA COUNTY STREET NAME COMMITTEE, Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire District John Priester Terri Raynor Representative Representative 'ATIVES OR DESIGNEES Date s~ 3D ~G Date 5 ~~/ ~? Date ~ 3~ -- Date Sr 3 ~" NOTE: A .copy of this .evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 06 Section read and approved by the following agency NAME COMMITTEE. ALL of the signatures designee in order for the street names to be NUMBERING OF LOTS AND BL RINGERT ;~~~ ~ I .~ ~; ,~ ~- -~ C~ CLARK _ CHARTERED """„"`~'~`"~`•r` L A W Y E R S I) Blair Clark .al, If-, l). F«~l l k•ttrev R. Clvisu•ns,nt Jann•S I'. t:altlntan taus E. Berri .Ulcn L. ti\vrenc•\' Patrick U. Purc•\~ Ma 10 1996 ~iichaC•i ~ DI)uiittk• Y ~ l)a\;\Iltatllll,c•rc,llisl Ixu ul•I \'. stcrnsun 1x11 it ICl I~i,Ullttalt 1 I f)2 1- 14)Hli~ Wayne Crookston Ambrose, Fitzgerald & Crookston 1530 West State Street P.O. Box 427 Meridian, Idaho 83680 Re: License Agreement with Nampa & Meridian Irrigation District for Fothergill Greenway improvements within the NMID's easement for the Jackson Drain Dear Wayne: With this cover are duplicate originals of the above- referenced License Agreement which the City of Meridian requested, with one of the drafts you sent me marked to show how your version differs from the enclosed version and the version we submitted to the Council last January. Please note that we do not have a drawing showing the portions of the Jackson Drain affected by the agreement for Exhibit A, as described in the first paragraph under heading 1. Please incorporate such a drawing into Exhibit A before submitting the agreement to the Council for consideration. If the agreement is acceptable to you, please submit it to the City Council for review and signature at its next meeting and return both signed originals to me. The agreement should not be dated. I will then submit it for consideration at the next scheduled meeting of the District's Directors. Please call me if you have any questions. Yours very truly, aniel V. Steenson cc: John Anderson Daren Coon Shari Stiles/ Gary Smith 455 South Third Street . P.O. Box 2773 • Boise. Idaho 83701 • 308/342-4591 Fair 342-4657 MERIDIAN CITY COUNCIL MEETING: JUNE 18 1996 APPLICANT: JOHN & SARA EWING ITEM NUMBER; 7 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 'WILLIAM G. BERG, JR., City Cierk JANICE L. LASS, 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 WorlcsBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer Re: FOTHERGILL POINTE SUBDIVISION NO. 3 ~_~_~ (Final Plat - By John R. Ewing and Sara L. Ewing) 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 June 7, 1996 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with street development plans. 4. Provide a statement as to whether the pressurized irrigation system in this development is to be owned and maintained by the Irrigation Dist. or the Homeowners Assoc. 5. Indicate any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. C:\OFFICH\R+PW IN\GF.NERAL\FO7NGIL3. C-C Mayor and Council June 7, 1996 Page 2 6. Please address in writing, each of the General and Site Specific Comments, within this memorandum, to the City Clerk's office prior to the scheduled hearing. 1. This Plat generally conforms to the previously approved Preliminary Plat map 2. Lot 4, Block 7 doesn't meet the minimum 65 foot street frontage required in an R-8 Zone. Please make the necessary adjustments to conform. 3. Execute the Certificate of Owners and accompanying Acknowledgments. 4. It was a pleasure doing the review for this Final Plat map. Gary Lee has done a terrific job with quality control. caor~ce~wrwancEr~ew~c.~ron3cn,s.c-c WILLIAM 6. BERG, JR., Clty Clerk • JANICE L. LASS, City Treasurer GARY D. SMITH, P.E., Clty 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, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney CO N I ie ~e pe WALT W MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTAEE GLENN R. BENTLEY . P 8 Z GOMMISRrON JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY ROBERT D. (70RRIE Maya TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: -June 11. 18 TRANSMITTAL DATE: 5/20/96 HEARING DATE:- 6/18 /96 REQUEST: Final Plat for Foth r~~u Su division No 3 BY: John ~ Sara FwGn.r HUB OF TREASURE VALLEY A Good PItIIee to Live CITY OF MERID1A1~ 33 EAST IDAHO . MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • AAX (208) 887-4813 Public Works/Buildiag Dep>~tent (208) 887-2211 Motor Vehicle/Drivecs 1.%aease (208) 888-4443 LOCATION OF PROPERTY OR PROJECT:- East of Merid' n Road and So >,th of ~ ~_ie _._ ... -, JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P2 TIM HEPPER, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT ~'POUCE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) _ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION -CENTRAL DISTRICT HEALTH _NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PREUM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM FINAL PLAT) BUREAU OF RECLAMATI M 8 FINAL PLA CITY FILES OTHER: YOUR CONCISE REIIAARKS: ~~~~~~~ M "'~ ~ :~ ~9~'~ ~::'~I ~~ ME~3II~lA1~ WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P $ Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" CORDON, Pollee 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) 887-22E1 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMB ac WALT W. IlpggOW, president RONALD R. TOLSMA CHARLES M: ROUNTREE GLENN Ft. BENTLEY P & Z Cdeu~~cc~n ~ 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _ June 11 1996 . TRANSMITTAL DATE: 5/20/96 HEARING DATE:- 6/18 /96 REQUEST: Final Platfnrf=~-+tie....:u ~..~~.___. _. _ BY: LOCATION OF PROPERTY OR PROJECT: East of Meridian Road and South of JIM JOHNSON, P2 MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P2 TIM HEPPER, P/Z ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER •, MERIDIAN SCHOOL DISTRICT -----MERIDIAN POST OFFlCE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION ~E~IEavEC~ CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT M:~V) ~ X99 SETTLERS IRRIGATION DISTRICT IDAHO POWER'CO.(PRELIM & FINAL PLAT) ~:1`~''~ =~i~' '1nl~I~101«~~•: _U.S. WEST(PRELIM 8 FpVAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) -BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ,~- ~ / ` OTHER: ~ ~ I YOUR CONCISE REMARKS: r5%~~ ~- SUPERINTENDENT Bob L. Haley May 28, 1996 ~~~ '`~~IERIDIAr`~ City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: I have reviewed the application for Fothergill Subdivision No. 3 and find that it includes approximately 22 homes. This subdivision is located in census tract 103.10 and in the attendance zone for Chief Joseph Elementary School, Meridian Middle School and Eagle High School. Using the above information we can predict that these homes, when completed, will house 8 elementary aged children, 6 middle school aged children, and 6 senior high aged students. At the present time Chief Joseph Elementary is at 117°s of capacity. The Meridian School District will grant approval of this development, however this subdivision will cause increased overcrowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Jim Carberry Administrator of Support Programs JC:gr BOARD OF TRUSTEES Larry Andrews • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone ## Conditional ~~Y ~ ~' ~99~±^ Boise F~. #VB~R![}I ~ Eagle e ~] Garden city .Meridian ^ Kuna Preliminary Final / hort Plat ~~=-a i `i~~c ,%/ vL-~/c'if ~~... /~~ ~ ^ 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 ~. 15. ^ beverage establishment ^ grocery store ~ / `,~ / ~, , Date• ~ .~ %:~.vyGJ.t,~-z ~t>~/Ff~'~!~/; r~i~~~c~ 1S ,~7 1lr Reviewed By: '"- ~-fi.-= CDHD 10/91 rcb, rer. 1195 Revie Sheet CEN I RAL DISTRICT HEALTH DEPART MEN7~~~~-~,~~~ Environmental Health Division Return to' .. CENTRAL •• DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 107 N. ARMSTRONG PL • 801SE. ID. 83104 •0108) 375x5211 • FAX: 327.8500 To pr>'vatt and treat disease artd disability; to promote healthy lifestyles; and to protect and promote the health and quality of our Ef~pU, STOP;MWATER MANAGEMENT RECONIlVIENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: •.1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. ' 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving valley. Elmor>~ Boise, and Ada Counties Amy 6aacarrroelc• w~c eoa.• w~aon emoncarrroae. l3eoaca.iho6les vaal,coarra6ke Boot 1411 P O 707 N. Amipronp PL 1606 RobeAs 510 E !aA Sbee1 N. d 6wtronnenlal Nso6A 190 5 41h SRset E . . MCCd Q 63036 Boas. 0.65701 Ernriro. HeaNk 327.7499 8oae. 0. 83705 Ph J34~3355 hbirdah Home. 0. 83611 Ph567-d40] MountCn Home. O. Ph 031.7194 ~Y P1ofr~~ 321.7400 324 MatidorL b. 83617 Ph. 567.9225 -.y,,..,:...~---. ,~, +•N 83e42 Ph. 866b525 ~FFI IA S '~9i L NUB OF TRFAA-~ yip '" ~`~ WILLIAM G. BERG, JR., CIty Cierk - JANICE LLASS, Ctty Treasurer A Go0t1 PIit:C t0 L1VC ~ItLT W MORROW President ,GARY [5. SMITH, P.E, City Engineer CITY OF 11~1~ BRUCE D. STUART, Water Works Supt. j A ~T RONALp R. TpLSMA JOHN T. SHAWCROFT, Wade Water Supt. j~lv ARLES M. RQUNTR~ DENNIS J. SUMMERS, Perks Supt, 33 EAST GLENN R. BENTLEY SHARI L. STILES, P & Z Administrator ME$TlD1~N ~'~~ - PATTY A. WOLFKIEL, DMV Supervisor ' ~AH~ 83642 P ~ aMA KENNETH W. BOWEAS, Fire Chief Phone (208) 88$~433.p~ ~) 887-4813 ~~ W.L. "BILL' GORDON, Police Chief Public Works/guilding Diq~ alYt JOHNSON, Chairman WAYNE G. CROOKSTON, JR., Attorney Motor VehiclelDrivers - (~) 8~-~11 ~ TIM HEPpER ~ ~) ~'~'43 JIM SHEARER " ROBERT Q CQRRIE GREG OSWND M8~ - M/-LCOLM MACCOY TRANSMITTAL TO AGENCIES FOR CO MMENTS ON DEVELOPMENT pItO,TECTS WITH THE CITYpF MERIDIAN , To insure that your comments and recommendations will be considered ~- Meridian City Council, please submit yolr comments and rec ~ the Meridian City Hall, Attn: Will Berg, City CIS by. ommend~ons to e a TRANSMITTAL DATE:_ 5/20/96 HEARING DATE: g REQUEST: I r BY: o ~~ LOCATION OF PROPERTY OR PROJECT: stick - $ eridian Road and Sn~.+ti of JIM JOHNSON, P2 MERIDIMI SCHOOL DISTRICT XMALCOWI MACCOY, P/Z MERIDNN POST OFFICE(PREUM ~ FINAL PLA JIM SHEARER, P2 ~lgppq ~~ HIGHWAY DISTRICT ~ GREG OSLUND, P2 A PLANNING ASSOCIATION TIM HEPPER, P2 .--CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPAI~RIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C ___,S IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C AHO PpWER CO.(PREUM & FINAL PLAT) WALT MORROW, C/C U.S. W~(pREUM & FINAL plJq'r) GLENN BENTLEY, C/C IN,TERNgUNTAIN GAS(PREUM & FINAL pLgn WATER DEPARTMENT REAUOF RECLAMATION(PREUM & FINAL PLA ~, SEWER DEPARTMENT CI.I.Y Flt. 'n BUILDING DEPARTMENT OTHER: FIRE DEPAR'T'MENT Y R CONCISE POLICE DEPARTMENT ~ z ao KS: CITY ATTORNEY ~~~~ i4"~ ~.ui~ ~f si.~~ _ ~ CITY ENGINEER 1St mss op vim' CITY PLANNER - ~ °~ ~ o ,~, ~.e fitC E ~t«u1.~ ..~~ ~'~GG /s' G6~CAPE~iV C~2 GI .>'1E.2lAI.Qs{/ ~~ AL~~,, ~ ~~~~Q~ cl~rlv~•- u l~ ~ ~ ,9Q1 :171. ,.;}~. ~fET7II~j~• ~(~, n~-f~. 5-~b~9s ~ju,~.,,~, ~ . ` 6l~' P,ai~- rt~..~ DECLARATION OF PROTECTIVE COVENANTS CONDITIONS AND RESTRICTIONS FOTHERGILL POINTE SUBDIVISION PHASE 2 DATED: RECORDED: INSTRUMENT NO.: WHEREAS, John R. Ewing and Sara L. Ewing, individuals, hereinafter referred to as "Declarants," are the owners of certain real property situated in the City of Meridian, in the County of Ada, State of Idaho, known as Fothergill Pointe Subdivision Phase 2. WHEREAS, Fothergill Pointe Subdivision Phase 2 is a duly recorded plat; and, WHEREAS, the Declarants desire to declare of public record certain Protective Covenants, Conditions and Restrictions upon the ownership of said property: NOW THEREFORE, in consideration of the foregoing, the Declarants do hereby declare that the following Protective Covenants, Conditions and Restrictions: 1. Shall become and are hereby made a part of all conveyances of all lots within the plat of Fothergill Pointe Subdivision Phase 2, recorded on the day of 199 in Book of Plats at Pages of the records of Ada County, State of Idaho; and, 2. Shall by reference become a part of any such conveyance and shall apply thereto as fully and with the same effect as if set forth at large therein. A. PROPERTY SUBJECT TO THESE COVENANTS Initial Development Declarants hereby declare that all of the real property described above are held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to these covenants. The above property subject to these covenants shall constitute Fothergill Pointe Subdivision Phase 2. B. LAND CLASSIFICATIONS Lot A lot shall be any plot or tract described in the above recorded plat. All said lots shall be used for residential purposes. Dwelling Size No dwelling shall be permitted on any lot in said subdivision with less than 1,300 square feet. Houses of a larger size may be constructed on any of the lots. 1,300 square feet is only a minimum restriction. Each dwelling shall be provided with a private garage of adequate size to shelter not less than two standard size automobiles. i t C. BUILDING RESTRICTIONS Setback Restrictions All dwellings constructed upon said property shall conform to the setback restrictions as follows unless specifically waived in writing by the Architectural Control Committee. In no case can the Architectural Control Committee grant a variance to less than the setback as defined in the Meridian City Ordinances unless a variance is granted by the City through approved procedure. No building shall be. located on any lot nearer than twenty (20) feet to the front lot line; nearer than fifteen (15) feet to the rear lot line; on corner lots the side yard shall be a minimum of twenty (20) feet on the side abutting the street. Side yards shall meet Meridian City code. Easements Easements for the installation and maintenance of utilities and surface drainage facilities are reserved as indicated in the recorded plat. Within these easements, no structure or planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of surface drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Temporary Structures No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. Fences Fence design should first be approved by the Architectural Control Committee. Fences should be well constructed, quality wood fencing. No chain link fences will be allowed. No fence, hedge or walls exceeding six (6) feet in height shall be erected or placed or permitted to remain on any lot. In no event shall side yard fences project beyond the front walls of any dwelling or garage that does not meet the City of Meridian code. Offensive Activity No noxious or offensive activity shall be carried on or upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Parking Parking of boats, trailers, motorcycles, trucks, truck-campers and like equipment shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of a privacy fence or storage structure. L Animals No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that a total of two household pets may be kept provided they are not kept, bred or maintained for any commercial purposes and provided they are kept on a leash when outside their owners property boundary lines. Trash and Rubbish No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any other waste. No garbage, trash or other waste shall be kept or maintained on any part of said property except in appropriate sanitary containers for proper disposal and out of public view. All containers for the storage or disposal of such materials shall be in a clean and sanitary condition. Construction Completion Construction of any dwelling shall be completed including exterior decoration within eight months from the date of the start of such construction. All lots shall, prior to the construction of improvements thereon, be kept in a neat and orderly condition and free of brush, vines, weeds, debris and the grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. Landscape Completion Each lot owner shall promptly, after constructing a dwelling and attached garage, and in no event later than five (5) months from occupance thereof, seed the yard to lawn or place sod thereon and provide and maintain landscaping and trees aesthetically acceptable for the neighborhood. Antennas and Service Facilities Exterior antennas or satellite dishes shall not be permitted to be placed upon the roof of any structure or positioned on any lot so as to be visible from the street in front of said lot. Clothes lines and other facilities shall be screened so as not to be viewed from the street. The placement of all such items shall be approved by the Architectural Control Committee and include a map depicting the plan of such items. Sight Distance at Intersections No fence, wall hedge or shrub planting which obstructs sight lines at elevations between three (3) and eight (8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and aline connecting them at points thirty (30) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. r Water Supply and Sewage Disposal No individual domestic water supply system or individual sewage disposal system shall be permitted on any residential lot. Irrigation water supply: see Irrigation System. D. ARCHITECTURAL CONTROL COMMITTEE Membership• Appointment and Removal The Architectural Control Committee, hereinafter referred to as the Committee, shall consist of as many persons, not less than two (2), as the Declarants may from time to time appoint. Declarants may remove any member of the Committee from office at any time and may appoint new or additional members at any time. Declarants shall keep on file at their principal office a list of names and addresses of the members of the Committee. The powers and duties of such Committee shall cease one year after, or prior, at Declarants' sole discretion, after completion of construction of all dwellings and following the sale of said dwellings to the initial owner/occupant on all of the building sites within Fothergill Pointe Subdivision Phase 2. Action Except as otherwise provided herein, any one member of the Architectural Control Committee shall have the power to act on behalf of the Committee, without the necessity of a meeting and without the necessity of consulting the remaining members of the Committee. The Committee may render its decisions only by written instrument. Approval of Plans by Architectural Control Committee a) No building or structure, including fences, swimming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications as to quality of workmanship and materials, harmony of external design with existing structures, -and as to location with respect to topography and finish grade elevation have been submitted to and approved in writing by the Architectural Control Committee. b) Exterior Finish. The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping within the Project. Exterior colors shall be of the flat, not-gloss type and shall be limited to subdued tones. Exterior 'colors must be approved by the Architectural Control Committee. Liability Neither the Architectural Control Committee nor any member thereof shall be liable to any owner, occupant, builder or developer for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. Nonwaiver Consent by the Architectural Control Committee to any matter proposed to it and within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. E. GENERAL PROVISIONS Term These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, unless at any time prior to the anniversary date or subsequent dates, a then majority of S1Z of the owners by written amendment, amend or cancel these covenants after which time said covenants and/or amendments thereto shall be automatically extended for successive periods of ten (10) years. F.n fnrrpmant Any owner or the owner of anv recorded mortgage upon any part of said property, shall have the rightrto enforce, by any proceedings at law or in equity and shall be reimbursed for costs and attorney's fees, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Severability Invalidation of any one of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect. Effect of Breach The breach of any of these covenants, conditions, or restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or portions of lots in such premises, but these covenants, conditions, reservations, and restrictions shall be binding upon and effective against any such mortgagee or trustee or owner thereof, whose title thereto or whose title is or was acquired by foreclosure, trustee's sale, or otherwise. Amendment a) By Grantor: Until the close of escrow for the sale of the first building lot, the provisions of these conditions may be amended, replaced or terminated by Grantor by recordation of a written instrument setting forth such amendment, replacement or termination. For the purpose of these conditions, the close of escrow shall be deemed to be the date on which a deed granting a building lot is recorded in the office of the Ada County Recorder. F. HOMEOWNERS' ASSOCIATION, INC. It is contemplated that a Homeowners' Association will be incorporated and will adopt Bylaws (the "Bylaws") for its governance. To the extent the Articles of Incorporation or Bylaws of the Association may conflict with the provisions of this Declaration, the provisions of this Declaration shall control. Property Rights a) Owner's Easements of Enjoyment. Every Owner shall have a right of use and enjoyment in, of and to the Common Area and Common Facilities, subject to such reasonable rules and regulations governing use and access as may be adopted by the regulations governing use and access as may be adopted by the Association, which right shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: 1) The Association shall have the right to charge reasonable admission and other fees for the use of any Common Facility; 2) The Association shall have the right to suspend the voting rights and right to use the Common Area or Common Facilities of an Owner for any period during which the assessment against his Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; and 3) The Association shall have the right to: (i) mortgage or convey all or any part of the Common Area or Common Facilities, or (ii) dedicate or transfer all or any part of the Common Area or Common Facilities to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such mortgage, dedication or transfer shall be effective unless an instrument agreeing to such mortgage, dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded. b) Delegation of Use. Any Owner may delegate his right to enjoyment of the Common Area and Common Facilities to the members of his family, his tenants or contract purchasers of his Lot, provided such designees reside on the Property. Association Membership and Voting Rights a) Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot. b) The Association shall have two (2) classes of voting membership: Class A: The class A members shall be all Owners, with the exception of the Declarants (during the period when the Declarants are a Class B member). Each Class A member shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be members. The vote for each Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to each Lot. Class B: The sole Class B member shall be the Declarants, who shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be automatically converted to Class A memberships (one Class A membership for each Lot owned) upon the happening of either of the following events; whichever occurs earlier: 1) When the total votes outstanding in Class A memberships equal the total votes outstanding in Class B memberships; or 2) On January ], 2000. Irrigation System Declarants are to install a pressure irrigation system. Declarants shall, within twelve (12) months of the recording of the Declaration, complete installation of pipe lines throughout the Project to serve as water delivery fora pressurized irrigation system for delivery of irrigation water to each Lot. The installation of and materials for the pressurized irrigation system shall be in accordance with the standard drawings and specifications as prepared by the Nampa and Meridian Irrigation District (NMID). If the declarants enter into an agreement with NMID for ownership and operation of the pressure irrigation system the NMID shall approve all plans and installation of the system. If the declarants do no enter into an ownership/operation agreement with NMID the City of Meridian shall review the plans and the installation of the system. { y John R. Ewing and Sara L. Ewing, Individuals 1500 Eldorado, Suite 4i4 Boise, Idaho 83704 Sara L. Ewing John R. Ewing STATE OF IDAHO ) County of Ada ) ss. On this day of , 19 before me, the undersigned, a Notary Public in and for said State, personally appeared John R. Ewing and Sara L. Ewing, known to me to be the persons who signed the foregoing instrument as Declarants and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written. Notary Public for Idaho Residing at Meridian, Idaho My Commission expires November 14, 2000 !..' .~. crr~ ~F r:~lr~r~r~ DECLARATION OF PROTECTIVE COVENANTS CONDITIONS AND RESTRICTIONS FOTHERGILL POINTE SUBDIVISION PHASE 2 DATED: RECORDED: INSTRUMENT NO.: WHEREAS, John R. Ewing and Sara L. Ewing, individuals, hereinafter referred to as "Declarants," are the owners of certain real property situated in the City of Meridian, in the County of Ada, State of Idaho, known as Fothergill Pointe Subdivision Phase 2. WHEREAS, Fothergill Pointe Subdivision Phase 2 is a duly recorded plat; and, WHEREAS, the Declarants desire to declare of public record certain Protective Covenants, Conditions and Restrictions upon the ownership of said property: NOW THEREFORE, in consideration of the foregoing, the Declarants do hereby declare that the following Protective Covenants, Conditions and Restrictions: 1. Shall become and are hereby made a part of all conveyances of all lots within the plat of Fothergill Pointe Subdivision Phase 2, recorded on the day of 199 in Book of Plats at Pages of the records of Ada County, State of Idaho; and, 2. Shall by reference become a part of any such conveyance and shall apply thereto as fully and with the same effect as if set forth at large therein. A. PROPERTY SUBJECT TO THESE COVENANTS Initial Development Declarants hereby declare that all of the real property described above are held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to these covenants. The above property subject to these covenants shall constitute Fothergill Pointe Subdivision Phase 2. B. LAND CLASSIFICATIONS Lot A lot shall be any plot or tract described in the above recorded plat. All said lots shall be used for residential purposes. Dwelling Size No dwelling shall be permitted on any lot in said subdivision with less than 1,300 square feet. Houses of a larger size may be constructed on any of the lots. 1,300 square feet is only a minimum restriction. Each dwelling shall be provided with a private garage of adequate size to shelter not less than two standard size automobiles. C. BUILDING RESTRICTIONS Setback Restrictions All dwellings constructed upon said property shall conform to the setback restrictions as follows unless specifically waived in writing by the Architectural Control Committee. In no case can the Architectural Control Committee grant a variance to less than the setback as defined in the Meridian City Ordinances unless a variance is granted by the City through approved procedure. No building shall be located on any lot nearer than twenty (20) feet to the front lot line; nearer than fifteen (15) feet to the rear lot line; on corner lots the side yard shall be a minimum of twenty (20) feet on the side abutting the street. Side yards shall meet Meridian City code. Easements Easements for the installation and maintenance of utilities and surface drainage facilities are reserved as indicated in the recorded plat. Within these easements, no structure or planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of surface drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Temporary Structures No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. Fences Fence design should first be approved by the Architectural Control Committee. Fences should be well constructed, quality wood fencing. No chain link fences will be allowed. No fence, hedge or walls exceeding six (6) feet in height shall be erected or placed or permitted to remain on any lot. In no event shall side yard fences project beyond the front walls of any dwelling or garage that does not meet the City of Meridian code. Offensive Activity No noxious or offensive activity shall be carried on or upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Parking Parking of boats, trailers, motorcycles, trucks, truck-campers and like equipment shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of a privacy fence or storage structure. Animals No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that a total of two household pets may be kept provided they are not kept, bred or maintained for any commercial purposes and provided they are kept on a leash when outside their owners property boundary lines. Trash and Rubbish No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any other waste. No garbage, trash or other waste shall be kept or maintained on any part of said property except in appropriate sanitary containers for proper disposal and out of public view. All containers for the storage or disposal of such materials shall be in a clean and sanitary condition. Construction Completion Construction of any dwelling shall be completed including exterior decoration within eight months from the date of the start of such construction. All lots shall, prior to the construction of improvements thereon, be kept in a neat and orderly condition and free of brush, vines, weeds, debris and the grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. Landscape Completion Each lot owner shall promptly, after constructing a dwelling and attached garage, and in no event later than five (5) months from occupance thereof, seed the yard to lawn or place sod thereon and provide and maintain landscaping and trees aesthetically acceptable for the neighborhood. Antennas and Service Facilities Exterior antennas or satellite dishes shall not be permitted to be placed upon the roof of any structure or positioned on any lot so as to be visible from the street in front of said lot. Clothes lines and other facilities shall be screened so as not to be viewed from the street. The placement of all such items shall be approved by the Architectural Control Committee and include a map depicting the plan of such items. Sight Distance at Intersections No fence, wall hedge or shrub planting which obstructs sight lines at elevations between three (3) and eight (8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points thirty (30) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Water Supply and Sewage Disposal No individual domestic water supply system or individual sewage disposal system shall be permitted on any residential lot. Irrigation water supply: see Irrigation System. D. ARCHITECTURAL CONTROL COMMITTEE Membership: Appointment and Removal The Architectural Control Committee, hereinafter referred to as the Committee, shall consist of as many persons, not less than two (2), as the Declarants may from time to time appoint. Declarants may remove any member of the Committee from office at any time and may appoint new or additional members at any time. Declarants shall keep on file at their principal office a list of names and addresses of the members of the Committee. The powers and duties of such Committee shall cease one year after, or prior, at Declarants' sole discretion, after completion of construction of all dwellings and following the sale of said dwellings to the initial owner/occupant on all of the building sites within Fothergill Pointe Subdivision Phase 2. Action Except as otherwise provided herein, any one member of the Architectural Control Committee shall have the power to act on behalf of the Committee, without the necessity of a meeting and without the necessity of consulting the remaining members of the Committee. The Committee may render its decisions only by written instrument. Approval of Plans by Architectural Control Committee a) No building or structure, including fences, swimming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation have been submitted to and approved in writing by the Architectural Control Committee. b) Exterior Finish. The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping within the Project. Exterior colors shall be of the flat, not-gloss type and shall be limited to subdued tones. Exterior colors must be approved by the Architectural Control Committee. Liability Neither the Architectural Control Committee nor any member thereof shall be liable to any owner, occupant, builder or developer for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. Nonwaiver Consent by the Architectural Control Committee to any matter proposed to it and within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. E. GENERAL PROVISIONS Term These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, unless at any time prior to the anniversary date or subsequent dates, a then majority of 51' of the owners by written amendment, amend or cancel these covenants after which time said covenants and/or amendments thereto shall be automatically extended for successive periods of ten (10) years. Enforcement Any owner or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceedings at law or in equity and shall be reimbursed for costs and attorney's fees, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Severability Invalidation of any one of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect. Effect of Breach The breach of any of these covenants, conditions, or restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or portions of lots in such premises, but these covenants, conditions, reservations, and restrictions shall be binding upon and effective against any such mortgagee or trustee or owner thereof, whose title thereto or whose title is or was acquired by foreclosure, trustee's sale, or otherwise. Amendment a) By Grantor: Until the close of escrow for the sale of the first building lot, the provisions of these conditions may be amended, replaced or terminated by Grantor by recordation of a written instrument setting forth such amendment, replacement or termination. For the purpose of these conditions, the close of escrow shall be deemed to be the date on which a deed granting a building lot is recorded in the office of the Ada County Recorder. F. HOMEOWNERS' ASSOCIATION, INC. It is contemplated that a Homeowners' Association will be incorporated and will adopt Bylaws (the "Bylaws") for its governance. To the extent the Articles of Incorporation or Bylaws of the Association may conflict with the provisions of this Declaration, the provisions of this Declaration shall control. Property Rights a) Owner's Easements of Enjoyment. Every Owner shall have a right of use and enjoyment in, of and to the Common Area and Common Facilities, subject to such reasonable rules and regulations governing use and access as may be adopted by the regulations governing use and access as may be adopted by the Association, which right shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: 1) The Association shall have the right to charge reasonable admission and other fees for the use of any Common Facility; 2) The Association shall have the right to suspend the voting rights and right to use the Common Area or Common Facilities of an Owner for any period during which the assessment against his Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; and 3) The Association shall have the right to: (i) mortgage or convey all or any part of the Common Area or Common Facilities, or (ii) dedicate or transfer all or any part of the Common Area or Common Facilities to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such mortgage, dedication or transfer shall be effective unless an instrument agreeing to such mortgage, dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded. b) Delegation of Use. Any Owner may delegate his right to enjoyment of the Common Area and Common Facilities to the members of his family, his tenants or contract purchasers of his Lot, provided such designees reside on the Property. Association Membership and Voting Rights a) Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot. b) The Association shall have two (2) classes of voting membership: Class A: The class A members shall be all Owners, with the exception of the Declarants (during the period when the Declarants are a Class B member). Each Class A member shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be members. The vote for each Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to each Lot. Class B: The sole Class B member shall be the Declarants, who shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be automatically converted to Class A memberships (one Class A membership for each Lot owned) upon the happening of either of the following events; whichever occurs earlier: 1) When the total votes outstanding in Class A memberships equal the total votes outstanding in Class B memberships; or 2) On January 1, 2000. Irrigation System Declarants are to install a pressure irrigation system. Declarants shall, within twelve (12) months of the recording of the Declaration, complete installation of pipe lines throughout the Project to serve as water delivery fora pressurized irrigation system for delivery of irrigation water to each Lot. The installation of and materials for the pressurized irrigation system shall be in accordance with the standard drawings and specifications as prepared by the Nampa and Meridian Irrigation District (NMID). If the declarants enter into an agreement with NMID for ownership and operation of the pressure irrigation system the NMID shall approve all plans and installation of the system. If the declarants do no enter into an ownership/operation agreement with NMID the City of Meridian shall review the plans and the installation of the system. John R. Ewing and Sara L. Ewing, Individuals 1500 Eldorado, Suite 4i4 Boise, Idaho 83704 Sara L. Ewing John R. Ewing STATE OF IDAHO ) County of Ada ) ss. On this day of 19 before me, the undersigned, a Notary Public in and for said State, personally appeared John R. Ewing and Sara L. Ewing, known to me to be the persons who signed the foregoing instrument as Declarants and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written. Notary Public for Idaho Residing at Meridian, Idaho My Commission expires November 14, 2000 lMER I D I AN C I TY COUIVC I L AUGUST 17, 1993 PAGE Kingsfot^d: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY .WHICH IS DESCRIBED AS A PORTION OF SECTION 1, TOWNSH I F- 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance #612 read in it's entirety? No response The Motion was made by Giesler^ and seconded by Tolsma that the r^ules and pr^avisions of i0-9Q12' and all rules and pr^ovisions r^equiring that Or^dinances be read on three different days be dispensed with and that Ordinance #612 be passed and approved. Roll Call Vote: Yer^rington - Yea; Giesler - Yea; Carrie - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #3: FINAL PLAT: FOTHERGILL POINT SUBDIVISIDN, 9Q1 LOTS BY JOHN AND SARA EWING: Kingsford: At this time I would invite Mr. Ewing or his designee to discuss the dr^ainage ditch. Gary Lee, JUB Engineers, representing the applicant. I'm here tonight to answer any questions yo~~ may have and also here tonight are same gentlemen from Cloverdale Nursery who have prepay^ed a conceptual plan for the landscaped bike way and bike path along the Jackson Drain. Kingsford: You've reviewed Mr^. Smith's comments? Lee: Ves I have. I had a couple of questions and their directed mainly towar^ds the open landscaped areas. It is our intent and it has been all along that we provide that landscape park for the City but that it be dedicated to the City far their operation, maintenance, and use. There's a couple items in his comments that address the maintenance of those areas. Giesler^: Are the bike paths and those things something the City will be excepting for maintenance purposes? Kingsfot^d: I think if we're going to ask developer^s to have open spaces and bike paths, I think we should accept some r^esponsibility far maintaining them. If you leave them for the homeowner^s to take car^e of they ar^e going to feel ownership and MERIDIAN CITY COUNCIL AUGUST 17, 1993 RAGE 3 other people wouldn't be able to ~.rse them logically and I think this is a benefit to the whole City. All along it's been my understanding and intent that they would be managed by the City. Why don't we have the pT^esentatian fr^om Cloverdale now. MoT^rie Evans, Cloverdale Nursery: Gave explanation and presented conceptual plan. tSee tape? Tolsma: How has this been wor^king with the Envir^onmental Group as far as wet-lands aT^e concerned? Have you got any comments from those people on what your doing het^e? Evans: Well ever^ything we've done an any kind of a wateT^ feature, I think the thing is how you really tr^eat the edge. tExample given - see tape) Giesler^: Does this ditch in q-,-estion on Mr. Ewing's property flow about the same speed? Evans: Yes. That ditch 'is year aT^o~.~nd now. Kingsford: Thank you. Giesler: If we went with this concept would this be something that we would try to phase in to any additional type subdivisions? Kingsfor^d: That's what we had hoped is that this would be kind of a benchmark. John Ewing: Since this is the first that the City Council has really looked at I don't know that we'r^e necessarily saying take what we've offer^ed her^e or nothing. We're open to other ideas too. Kingsford: I think that the thing that we had discussed at a preceding meeting was, do we in fact want to vary from our ordinance to tile, is this an amenity that is appropriate and help us to facilitate utilizing bike paths, roller^-blading, .jogging type of paths for the City. In incorporating auT^ transportation plan of course you'll remember that it did speak to bike paths in VaT^ies aT^eas and this is a star^t on that. This is certainly a.gaod place to start from. I would commend all of yo~~ far the effoT^ts you've put in to date. MERIDIAN CITY COUNCIL AUGUST 17, 1993 PAGE 4 The Motion was made by Yerrington and seconded by Giesler to approve of the Final Plat for Fothee^gill Pointe Subdivision and to app?^ove of the finding foe^ open space and bike path. Motion Carried: All Yea: ITEM #~: FINAL PLAT: DOVE MEADOWS SUBDIVISION, 113 LOTS HY DAVID LEADER: Kingsford: Any questions the Council may have for Mr. Leader? Gi esl et^: Have Gary's comments been answee^ed? Eng. Smith: I haven't heard back from the Engineer on the project yet. Dave Leader: Looked over comments and has no problem. The Motion was made by Corrie and seconded by Yerrington to approve the Final Plat for Dove Meadows Subdivision conditioned ~epon Engineer comments being met and also comments fe^om Fire Chief being met. Motion Carried: All Yea: ITEM #5: FINAL FLAT: WATERPURY F~ARK #3, 2 LOTS HY RAMON YORGASON: Cae^rie: Have all comments been met? Kingsfoe^d: I don't think then^e is a reps^esentative he?^e. The Motion was made by Corrie and seconded by Yee^e^ington to approve the Final Plat for Watee^bue^y Park #3 conditioned upon the comments being met. Motion Carried: All Yea: ITEM #6: FINAL PLAT: WINGATE PLACE #1, 2~ LOTS BY WINGATE F~ARTNERSHI F~ Kingsfae^d: Mt^. Tolsma has received ft^om U. S. West theie^ comment sheets back separately that ask to have those easements specifically to them. Eng.. Smith: Those ae^e typical easement requests. N CG~ ~ c~°n~r/l~ ~ ~ ~ icon ~~ ~ ~~ ~;~Hf~~ ~ j ~- ~ ~~ - ~~ lofs ~~ ° ire ~ ~;~ <.~~~~ ~1 ~~~f ~' ~ ~ ~ CAS ~ ~~~ ~~ ~ra~~ -~c,l ~/1~l~ ~ JC~ ` f - ~~ ~~~~~ S AMENDED ORDINANCE NO. 610 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 5 AND THE SOUTHEAST QUARTER NORTHWEST QUARTER, OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: The SE 1/4 NW 1/4 Section 6, T.3N., R.lE., B.M. and A parcel of land being a part of Government Lot 5 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, State of Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence North 89°34'50" East 951.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin,, said pin being the REAL POINT OF BEGINNING; thence continuing -North 89°34'50" East 139.19 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin marking the Southeast corner of Government Lot 5 of said Section 6, thence leaving said Southerly boundary of Government Lot 5 of Section 6, North 00°17'35" East 624.66 feet along the Easterly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot 5 of Section 6, North 66°47'10" West 37.03 feet to an iron pin; thence South 00°09'50" West 72.74 feet to an iron pin; thence FOTHERGILL-EWING AMENDED ORDINANCE Page 1 North 89°50'10" West 1056.67 feet to an-iron pin on the Westerly boundary of Government Lot 5 of Section 6; thence South 00°16'37" West 196.62 feet along the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence. South 68°30'07" East 1020.47 feet along the centerline of Jackson Drain to THE POINT OF BEGINNING. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above referenced real property described as: The SE 1/4 NW 1/4 Section 6, T.3N., R.lE., B.M. and A parcel of land being a part of Government Lot 5 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, State of Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence North 89°34'50" East 951:34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin, said pin being the REAL POINT OF BEGINNING; thence continuing North 89°34'50" East 139.19 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin marking the Southeast corner of Government Lot 5 of said Section 6, thence leaving said Southerly boundary of Government Lot 5 of Section 6, North 00°17'35" East 624.66 feet along the Easterly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot 5 of Section 6, North 66°47'10" West 37.03 feet to an iron pin; thence South 00°09'50" West 72.74 feet to an iron pin; thence FOTHERGILL-EWING AMENDED ORDINANCE Page 2 North 89°50'10" West 1056.67 feet to an iron pin on the Westerly boundary of Government Lot 5 of Section 6; thence South 00°16'37" West 196.62 feet along the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence, South 68°30'07" East 1020.47 feet along the centerline of Jackson Drain to THE POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned R-8 Residential; that the reason for the R-8 zoning is to allow the property to be used residentially; that no duplexes, townhouses or condominiums shall be constructed; that all houses constructed on and within said property shall be at least 1,300 square feet in size; that all ditches,- canals and waterways -shall be tiled including those that are property boundaries or only partially located on the property; that there shall be a bike path along Jackson Drain; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not construct water and sewer line extensions to serve the property, construct streets to and within the property, or fails to meet the conditions contained in the Findings of Fact and Conclusions of Law, those stated herein, and the Ordinances of the City of Meridian which, conditions shall run with the land and also FOTHERGILL-SWING AMENDED ORDINANCE Page 3 be personal to the owner. Section 3 . That the City. Clerk shall cause one (1) copy of the legal description, .and map, which shall plainly and clearly designate the boundaries of said property, to be filed, with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of 1993. APPROVED: MAYOR -- GRANT P. KINGSFORD ATTEST: CITY CLERK -- WAYNE FORREY STATE OF IDAHO,) ss. County of Ada, ) I, WAYNE FORREY, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 5_ AND THE SOUTHEAST QUARTER NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN FOTHERGILL-EWING AMENDED ORDINANCE Page 4 EFFECTIVE DATE"; passed as Ordinance No. , by the City Council and Mayor of the City of Meridian, on the day of 1993, as the same appears in my office. DATED this day of STATE OF IDAHO,) ss. County of Ada, ) 1993. City Clerk, City of Meridian Ada County, Idaho On this day of ~ , 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared WAYNE FORREY, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho FOTHERGILL-EWING AMENDED ORDINANCE Page 5 DECLARATION OF PROTECTIVE COVENANTS CONDITIONS AND RESTRICTIONS FOTHERGILL POINTE SUBDIVISION PHASE 2 DATED: RECORDED: INSTRUMENT NO.: WHEREAS, John R. Ewing and Sara L. Ewing, individuals, hereinafter referred to as "Declarants," are the owners of certain real property situated in the City of Meridian, in the County of Ada, State of Idaho, known as Fothergill Pointe Subdivision Phase 2. WHEREAS, Fothergill Pointe Subdivision Phase 2 is a duly recorded plat; and, WHEREAS, the Declarants desire to declare of public record certain Protective Covenants, Conditions and Restrictions upon the ownership of said property: NOW THEREFORE, in consideration of the foregoing, the Declarants do hereby declare that the following Protective Covenants, Conditions _ and Restrictions: 1. Shall become and are hereby made a part of all conveyances of all lots within the plat of Fothergill Pointe Subdivision Phase 2, recorded on the day of 199 in Book of Plats at Pages of the records of Ada County, State of Idaho; and, 2. Shall by reference become a part of any such conveyance and shall apply thereto as fully and with the same effect as if set forth at large therein. A. PROPERTY SUBJECT TO THESE COVENANTS Initial Development Declarants hereby declare that all of the real property described above are held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to these covenants. The above property subject to these covenants shall constitute Fothergill Pointe Subdivision Phase 2. B. LAND CLASSIFICATIONS Lot A lot shall be any plot or tract described in the above recorded plat. All said lots shall be used for residential purposes. Dwelling Size No dwelling shall be permitted on any lot in said subdivision with less than 1,300 square feet. Houses of a larger size may be constructed on any of the lots. 1,300 square feet is only a minimum restriction. Each dwelling shall be provided with a private garage of adequate size to shelter not less than two standard size automobiles. C. BUILDING RESTRICTIONS Setback Restrictions All dwellings constructed upon said property shall conform to the setback restrictions as follows unless specifically waived in writing by the Architectural Control Committee. In no case can the Architectural Control Committee grant a variance to less than the setback as defined in the Meridian City Ordinances unless a variance is granted by the City through approved procedure. No building shall be located on any lot nearer than twenty (20) feet to the front lot line; nearer than fifteen (15) feet to the rear lot line; on corner lots the side yard shall be a minimum of twenty (20) feet on the side abutting the street. Side yards shall meet Meridian City code. Easements Easements for the installation and maintenance of utilities and surface drainage facilities are reserved as indicated ~n the recorded plat. Within these easements, no structure or planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of surface drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Temporary Structures No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. Fences No fence, hedge or walls exceeding six (6) feet in height shall be erected or placed or permitted to remain on any lot. Fences shall be well constructed with subdivision architectural similarity and approval. In no event shall side yard fences project beyond the front walls of any dwelling or garage that does not meet the City of Meridian code. Offensive Activity No noxious or offensive activity shall be carried on or upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Parking Parking of boats, trailers, motorcycles, trucks, truck-campers and like equipment shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of a privacy fence or storage structure. Animals No animals, livestock or kept on any lot except provided they are not k. purposes and provided owners property boundary poultry of any kind shall be raised, bred or that a total of two household pets may be kept .pt, bred or maintained for any commercial they are kept on a leash when outside their lines. Trash and Rubbish No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any other waste. No garbage, trash or other waste shall be kept or maintained on any part of said property except in appropriate sanitary containers for proper disposal and out of public view. All containers for the storage or disposal of such materials shall be in a clean and sanitary condition. Construction Completion Construction of any dwelling shall be completed including exterior decoration within eight months from the date of the start of such construction. All lots shall, prior to the construction of improvements thereon, be kept in a neat and orderly condition and free of brush, vines, weeds, debris and the grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. Landscape Completion Each lot owner shall promptly, after constructing a dwelling and attached garage, and in no event later than five (5) months from occupance thereof, seed the yard to lawn or lace sod thereon and provide and maintain landscaping and trees aesthetically acceptable for the neighborhood. Antennas and Service Facilities Exterior antennas or satellite dishes shall not be permitted to be placed upon the roof of any structure or positioned on any lot so as to be visible from the street in front of said lot. Clothes lines and other facilities shall be screened so as not to be viewed from the street. The placement of all such items shall be approved by the Architectural Control Committee and include a map depicting the plan of such items. Sight Distance at Intersections No fence, wall hedge or shrub planting which obstructs sight lines at elevations between three (3) and eight (8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and aline connecting them at points thirty (30) feet from the intersection of -the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Water supply and Sewage Disposal No individual domestic water supply system or individual sewage disposal system shall be permitted on any residential lot. Irrigation water supply shall be permitted on any residential lot subject to approval of the Architectural Control Committee and all city, county, state, or Federal regulations pertaining to irrigation water supplies. D. ARCHITECTURAL CONTROL COMMITTEE Membership: Appointment and Removal The Architectural Control Committee, hereinafter referred to as the Committee, shall consist of as many persons, not less than two (2), as the Declarants may from time to time appoint. Declarants may remove any member of the Committee from office at any time and may appoint new or additional members at any time. Declarants shall keep on file at their principal office a list of names and addresses of the members of the Committee. The powers and duties of such Committee shall cease one year after, or prior, at Declarants' sole discretion, after completion of construction of all dwellings and following the sale of said dwellings to the initial owner/occupant on all of the building sites within Fothergill Pointe Subdivision Phase 2. Act ion Except as otherwise provided herein, any one member of the Architectural Control Committee shall have the power to act on behalf of the Committee, without the necessity of a meeting and without the necessity of consulting the remaining members of the Committee. The Committee may render its decisions only by written instrument. Approval of Plans by Architectural Control Committee a) No building or structure,~including fences, `swimming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation have been submitted to and approved in writing by the Architectural Control Committee. b) Exterior Finish. The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping within the Project. Exterior colors shall be of the flat, not-gloss type and shall be limited to subdued tones. Exterior colors must be approved by the Architectural Control Committee. Liability Neither the Architectural Control Committee nor any member thereof shall be liable to any owner, occupant, builder or developer for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. Nonwaiver Consent by the Architectural Control Committee to any matter proposed to it and within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. E. GENERAL PROVISIONS Term These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, unless at any time prior to the anniversary date or subsequent dates, a then majority of 51~ of the owners by written amendment, amend or cancel these covenants after which time said covenants and/or amendments thereto shall be automatically extended for successive periods of ten (10) years. Enforcement Any owner or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceedings at law.or in equity and shall be reimbursed for costs and attorney's fees, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Severability Invalidation of any one of these covenants by judgement or court order shall in no way affect any of~the other provisions which shall remain in full force and effect. Effect of Breach The breach of any of these covenants, conditions, or restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or portions of lots in such premises, but these covenants, conditions, reservations, and restrictions shall be binding upon and effective against any such mortgagee or trustee or owner thereof, whose title thereto or whose title is or was acquired by foreclosure, trustee's sale, or otherwise. Amendment a) By Grantor: Until the close of escrow for the sale of the first building lot, the provisions of these conditions may be amended, replaced or terminated by Grantor by recordation of a written instrument setting forth such amendment, replacement or termination. For the purpose of these conditions, the close of escrow shall be deemed to be the date on which a deed granting a building lot is recorded in the office of the Ada County Recorder. F. HOMEOWNERS' ASSOCIATION, INC. It is contemplated that a Homeowners' Association will be incorporated and will adopt Bylaws (the "Bylaws") for its governance. To the extent the Articles of Incorporation of Bylaws of the Association may conflict with the provisions of this Declaration, the provisions of this Declaration shall control. Property Rights a) Owner's Easements of Enjoyment. Every Owner shall have a right of use and enjoyment in, of and to the Common Area and Common Facilities, subject to such reasonable rules and regulations governing use and access as may be adopted by the regulations governing use and access as may be adopted by the Association, which right shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: 1) The Association shall have the right to charge reasonable admission and other fees for the use of any Common Facility; 2) The Association shall have the right to suspend the voting rights and right to use the Common Area or Common Facilities of an Owner for any period during which the assessment against his Lot remains unpaid and for a period to not to exceed sixty (60) days for any infraction of its published rules and regulations; and 3) The Association shall have the right to: (i) mortgage or convey all or any part of the Common Area or Common Facilities, or (ii) dedicate or transfer all or any part of the Common Area or Common Facilities to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such mortgage, dedication or transfer shall be effective unless an instrument agreeing to such mortgage, dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded. b) Delegation of Use. Any Owner may delegate his right to enjoyment of the Common Area and Common Facilities to the members of his family, his tenants or contract purchasers of his Lot, provided such designees reside on the Property. Association Membership and Voting Rights a) Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot. b) The Association shall have two (2) classes of voting membership: Class A: The class A members shall be all Owners, with the exception of the Declarants (during the period ,when the Declarants are a Class B member). Each Class A member shall be entitled to one (1) vote for each Lot owned. When more than one (l) person holds an interest in any Lot, all such persons shall be members. The vote for each Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to each Lot. Class B: The sole shall be entitled t~ Class B membership Class A memberships upon the happening occurs earlier: Class B member shall be the Declarants, who ~ three (3) votes for each Lot owned. The shall cease and be automatically converted to (one Class A membership for each Lot owned) of either of the following events; whichever 1) When the total votes outstanding in Class A memberships equal the total votes outstanding in Class B memberships; or 2) On January 1, 2000. Irrigation System Declarants are to put in an irrigation system. Declarants shall, within twelve (12) months of the recording of the Declaration, complete installation of dry lines throughout the Project to serve as a water delivery system for a pressurized irrigation system for ultimate delivery of irrigation water to-each Lot. Upon the completion of the installation of said dry lines by Declarants and upon the adoption by the City of Meridian of standards and specifications for pressurized irrigation systems in residential subdivisions, an appropriate diversion, pump and such other equipment or improvements as are reasonably necessary to divert water under pressure into said system in accordance with the standards and specifications adopted by the City of Meridian shall be constructed, installed and completed by Declarants. John R. Ewing and Sara L. Ewing, Individuals 1500 Eldorado, Suite ~4 Boise, Idaho 83704 Sara L. Ewing John R. Ewing STATE OF IDAHO ) ss. County of Ada ) On this day of 19 before me, the undersigned, a Notary Public in and for said State, personally appeared John R. Ewing and Sara L. Ewing, known to me to be the persons who signed the foregoing instrument as Declarants and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written. Notary Public for Idaho Residing at Meridian, Idaho My Commission expires November 14, 1994 ~ • • MERIDIAN CITY COUNCIL MEETING: June 21.1994 APPLICANT: JOHN EWING AGENDA ITEM NUMBER: 12 REQUEST: FINAL PLAT: FOTHERGILL POINTE N0.2' AGENC COMMENTS CITY CLERK: CITY ENGINEER: COMMENTS FORTHCOMING CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNEG. CROOKSTON, JR., Attorney •HUB OF TREASURE VALLEY • COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN W ALT W. MORROW 33 EAST IDAHO SHARI STILES ~j,ai~Administrator MERIDIAN, IDAHO 83642 1~' ~~~~'au~clrf~isoN Phone (208) 888-0433 • FAX (208) 887813 Chapairman • Planning s Zoning Public Works/Building Department (208) 887-2211 JUN 0 v 1994 GRANT P. KING9FORD Mayor j~ ~y ~ ~ o ('~~i~Y ~~ i~LY~~J3JYt"1I TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: June 14 TRANSMITTAL DATE: 6/7!94 HEARING DATE: 6121/94 REQUEST: Final Plat for Fothergill Pointe No. 2 Subdivision BY: John Ewing and Gary Lee LOCATION OF PROPERTY OR PROJECT: West of Tract Subd. No. 3 and 4, East of Fothergill Pointe No. 1 JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, CIC MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELI~'~` FINAL PLAT) CITY FILES n _ _ „ / /~ / ~ ~ , YOUR CONCISE • HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Watte Water Supt. KENNY W. BOWERS, FlreChief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW SHARI STILES N„ ~aer•8~oaingAdministrator Chairman • Planning 6 ZoninS JUNiU1~±4 q,,.~ ~ _ r C5 t ~ 'v A' .~us.~~ts,1?-`il TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: June 14 TRANSMITTAL DATE: 6/7/94 HEARING DATE: 6/21/94 REQUEST: Final Plat for Fothergill Pointe No. 2 Subdivision BY: John Ewina and Garv Lee LOCATION OF PROPERTY OR PROJECT: West of Tract Subd. No. 3 and 4, East of Fother4ifl Pointe No 1 JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES ~~ _~ , / OTHER: ~' `~ YOUR CONCISE REMARKS: .rt P~~c..t ~ D B.~Jor ~ /3 L. i t ~ t nI G ~O rr i nJ s A Good Place to Live CITY OF MERIDIAN ~~a EXCEL! Z Fyn '~ a ^ } ~~! • •PERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel • Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIANSTREET • MERIDIAN,IDAH083642 • PHONE(208)888-6701 June 14, 1994 ~ ~:~ ~~ City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Fothergill Pointe No. 2 Subdivision Dear Councilmen: J U ~ 1 5 1~y4 Ll ~ y 1 V11` t~sl..aaavatl'9 I have reviewed the application for Fothergill Pointe No. 2 Subdivision and find that it includes approximately 82 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.10 and in the attendance zone for Linder Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 29 elementary aged children, 24 middle school aged children, and 29 senior high aged students. At the present time Linder Elementary is 137 is at capacity, Meridian Middle School is at 130 of capacity and Meridian High School is at 116 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. • • We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, ~~~~ Dan Mabe Deputy Superintendent DM:gr E~ JUN 2 1 i9~4 SUBDIVISION EVALUATION SHE ~~ aF M~RIDIAI~ City MERIDIAN Proposed Development Name POTHER ILL POINTE UB N0. 2 Final XXXXX 06/16!94 Preliminary Stage ~ Date Reviewed roved by the Ada County Engineer or his designee per the Engineer/Developer J-U-B En r. John & Sara Ewin The~f el~oe ii9osUBDiDA ONSTATIE CODE req b ~ Date FOTHERHILL POINTE SUBDIVISION N0. 2 X• i ted below are made by the members ont th s deve opmen S n acco dance The Street name comments I s Engineer) regards 9 COMMI Me idian City'rStreet Name 0 dinancety with the _~_ _~... ~~• "EF "NOF " ". "EA w " a ency roved by the following 9 The above street name comments have been read and aPP roved. DA COUNTY STREET NAME COMM STTee names t the officially app ust e representatives of the A secured by the representative or his designee in order f the RESENTATIVES OR DESIGNEES P ADA COUNTY STREET NAME Ada County Engineer John Priester Ada Planning Assoc. Terri Fire District Represe Y RE Date ~ Date C} ~ - ' ..Date l G 1 l~ Meridian resented to the Ada County Engineer at the time o Sub Index -Street NOTE: A copy of this evaluation sheet must be p ~~~~ signing the "final plat" , otherwise the plat will not be signed .. Index . , J~~ ~/`~/~~ NUMBERING OF LOTS AND BLOCKS i 1 N~ N •i'g ~~] ~~ ~ - r ~ ~~ ~ N. CAPEC00 wAr z -_ - - odd0 ~ s ~ ~ ~ 3 $4 ,D +„S O ' ~ y O~ ~ ~: N sbl•,r ~ V N ~ I s`+ ~~~~ ~r~~ ~~~.. O~ ~ O 5m~c _1 04 J *mA ~ 0+i~2 F2 >Z> ~p o~ ~CC v= O ~n TRACT SUBDIVISION N0. 3 800K 62 PAGE 6249 •4~' ,. C +" ~ w V~ ~"' ~ _ 'a ~~. ~ ~• TRACT SUBDIVISION' BOOK 64 PAGE 6° ~i-uJ May 24, 1994 Ms. Shari Stiles Zoning Administrator City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Ms. Stiles: -U-B ENGINEERS, Inc. ENGINEERS•SURVEYORS•PLANNERS 250 S. Beechwood Avenue, Suite 201 Boise,ID 83709-0944 208/376-7330 FAX: 208/323-9336 MAY 2 ti 1994 CITY ~ ~ic~i;~~1~t~ RE: FOTHERGILL POINTE SUBDIVISION N0. 2 (Ewing Property) John R. Ewing and Sara L. Ewing Enclosed for your review and processing are the necessary documents as established by the City of Meridian Ordinances for a Final Plat for the above subdivision. As stipulated by said ordinance, please find enclosed the following: 1. 30 copies of the Application for a Final Subdivision Plat. 2. 30 copies of the Final Plat, Sheet 1, 18"x27", at a scale of 1" = 100' . 3. 3 copies of the Final Plat signature page, Sheet 2, 18"x27". 4. 10 copies of a reduced copy of the Final Plat at a scale of 1" = 300'. 5. A check in the amount of $820.00 for the Final Plat application fee from the Ewing Company. Also, per City requirements, on behalf of the developers, John R. Ewing and Sara L. Ewing, we wish to make a Statement of Compliance as follow: 1. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. The proposed use of this development is in conformance with the City of Meridian Comprehensive Plan. 3. This development will connect to City services. 4. This development will comply with City Ordinances. 5. This Final Plat is in conformance with the approved Preliminary Plat. is ~~ r~ ~~ • • ~~-u-B~ Ms. Shari Stiles Engineers Surveyors Planners May 24 , 1994 Page 2 6. The street names are as approved by the Ada County Street Name Committee and will not conflict with the City of Meridian grid system. Please review the enclosed information and schedule for the next available City Council meeting. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. L~ arCy~~~Lee, P.E./L.S. Project Manager GAL:ls Enclosures cc: John R. Ewing Project No. 18780-01 ~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor ~ ~~ ~ JIM JOHNSON ~~ Q ~//~~irman • Planning 8 Zoning Q ~ .~~~! ~9~~x NA~,3PA & MERIDIAN IR~,iurtYjQ ,r•.T.._. ;v D;o ~'.;(;T TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: June 14 TRANSMITTAL DATE: 6/7194 HEARING DATE: 6121194 REQUEST: Final Plat for Fothergill Pointe No. 2 Subdivision BY: John Ewing and Garv Lee LOCATION OF PROPERTY OR PROJECT: West of Tract Subd. No. 3 and 4, East of Fothergill Pointe No 1 JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, CIC WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREUM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS:A atera s an wasteways must be protected. Municipal sur ace drainage must be retaine on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. It is recommended that i~gation water be made available to all developments within this District. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. •HUB OF TREASURE VALLEY "~ ' ~"` COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDI ~~~ ~ ~ »~7 MAXYERRINGTON ROBERT D. CORRIE OF ~E~fi~D~A~S'ALrw. MDRROw 33 EAST IDAHO SHARI STILES Planner & Zoning Administrator Nampa & Meridian Irrigation District ..~ ~~~~ ~~ .i t1 ~ ~ 0 =~~~ C~ OF ~~~~D~~~~ l ~~~ ~c ~ ~GQ.~'Ll.Ct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Gary A. Lee J-U-B Engineers, Inc. 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Fothergill Pointe Sub. No. 2 Dear Gary: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent John R. and Sara Ewing City of Meridian enc. ~~~~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 17 June 1994 _- _ ~_ - • ~ ~~ ~ N, MERIDIAN ROAD $~ ~ ~ . ~' = N 00'18'3TE 577.8 37Qp3' a2.ss t2s:~e• ,s.oo o ~ $ f,Q ~° I ° ~s e• '°• ,~ ~ ~~ ~p~o~ e °! IJ d • ~ ~ • ~ ~ N ~ Q $~ tszui e w I N '' ~ ssss• 41i Z553 ~ - ~ N00'28'ts'w ~N+'. N. RfCHTER 'u7°• ~ AVENUE x ~' o0 _ / $ p v ~j ~ ~ 25G0 o ~ ~ ~S I~ ~ .0 ... 8 y j/N~) ~ r2•,Z.~Q,w ' e1 ~~~ 5007f•1S'E f.~ ,~~ ~° ~ ~~`' a ~` N ~ g r*1 y LS$~ ~ ~ o .p .' N O ~ r vy ~~ w ~Y~'~~ [ ~ g "oozati~s'w a N. VCYAGEft ~ o ~ AVENUE Z ~ ~ ~ ~ 111!!' m T~ V ~~ o ~~V `.~ r g C~ ~ V1 I r O Z 113.91' N ' "~a~ r, Cf2 ~Jq'./. ~ ~ ~ ~ Z n ~ ~~,,. ~. ~~,....yy ~ ~. Cp ~~~ c,» .~ ~' n~ 3'w '~" N. TUSCAN ~ ~ I` f ~ : N ~ a,.~s• a AVENUE _ °.' F-~ ~ o~ ~ ~/ 1 •a ~ N ~• ~ o~' SODZ393'E N00'2Q'13'w F71 ~~ 7 ~ ~ ~' ~ ~' toffy' 91.11' L,~ ems- p $ e m .;?6y ~I C ~ r g _ ~ Og e Y v . , ; s ~ :,. Z53) .156.x, 0 u 1p ~ • ~f H ~ ,n."' . _ s~etis'a _ u N. LARCHMONT ~ IfQgp1~~ ? Jj~~ .~ ~~ r O ~ M N ~O' v .. vrzss' ezfr~ ~~ rlo~ss• ' !d. ~ .aq ~ ~ 88 ~r~-t 3 : sse.a ~ ~ ,~• $ ~' ~ ~` ``- SEE SHEET ~ ~``° ~ss<• 91.13• t(~ ~. nN~ t _~x r ~ ,~ a~~. Moatru~c 137.fT h1 ~i ~, ,5 Mss .~ ~ ifti .. ~.~ •~~ ;+ PLAT SHOWING FC~HERGILL POIN'I~ SUBDIVISI~ NO. Z A PORTION OF THE SE 1/4 NN 1/4, SECTION 6 1 5/8" tron Pin, PE/LS 3260 or as described TOWNSHIP 3 NORTH RMIGE 1 EAST r " Pipe over 1/2"Iron Pin with Plastic Cap. PE/LS 2471 1' ' ~ ~ I• OF BEGINNING (INITIAL POINT MONUMENT) BOISE MERIDIAN /a"x 30•' Iron Pin with Plastic Cap. PE/LS 3260 MERIDIAN, ADA COUNTY, IDAHO /2"x 24" Iron Pin with Plastic Cap. PE/LS 3260 1 9 9 5 fury Line " r Yl ~ cline of ,Public Street r ine ~, Drainage and Irrigation Easement Line N 58'54'50" N 89'42.45" f 58.59 110.01 N 89'42'45" E 325.1 ~°19 J- - 2 -~ , , ~OT97.55-- _72.81_. _)0.00- -es.ao- Q m ~rD' z ; 3 ~ 25' 25• 5 0979'59' C o /~'1' Zr,„ 18 S 17 0 ^ t6 8 ^ 15 s ~ no.ao ... 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E: BROwN BE7fRr STREET..,r r ,n 20 c 1 7 ~ °1 8 I 13 ~ t ~sr '+73 Sol W5~3 s"~ 567 SY19 1"c ~ ~, '`' ;I '~ "' "' W m N 89'16'32" E n gry ,; .; m o0 0 00 00 ,05.00 ~~ .~~~ 14 15 g^ 16 on 17 $^ 18 °°~~. 19 on 20 W ^I`v N o-o F~ 16 e`a~ ~- t L,`'~ ~ ° ° BLOCK N 12 ' m _ N ' N ~ ~ o. ~ 21 ° z N »^ BLOCK 9 •r \,., -E7.00 _ 728.88 78.00 m 71.00 78.00 7100 76.00 90,00 V, 25' 15'•_ _05.00 n IS.00 162.00 F9 nr~ / ,o' S 89'46'32" W } 1088.88 - - - /I~ see s SE Corner, N W 1 /4 Not1 6 BASIS OF BEARING UNPLATTED ' Section 6: CPdcF No 0 9265307 Found 2•• Iron I'ioc U ''' with 1/2" Rebar nrl f• 0_ COP. LS 2471 u~c~p,~ -! c7 and used as 1!,e !n,l~•,~ f oinl IAr,nun,r•.~• • MEMO October 17, 1995 TO: NEW ORLEANS GROUP FROM: BEV BRADFORD RE: LAST MINUTE DISCUSSIONS/REMINDERS MEETING: DATE: THURSDAY, OCT. 26 TIME: 7:15 A.M. PLACE: MMS LIBRARY AGENDA: ROOM COSTS REGISTRATION CONFIRMATION ARRIVAL/GETTING TO AND CHECKING INTO HOTEL EXPECTATIONS/ACCOUNTABILITY PACKING SUGGESTIONS MEMO TO: ~'~' HQRI~ING/PATSY SHOUSE/EVELYN HARTLEY P~ISCILLA ANDERSON BOB STINSON PAT DUNCAN LAURA TAYLOR ELAINE FOXALL ROD LOWE MICHELLE JOHNSON JENITA MARSHALL BARBARA LEEDS TONI ROOT KATE MCILVAINE JEAN UBELACKER CINDEE POWELL JEAN CASSELL JACKIE SHERMAN • c~ v `~ ~`,- - U o ~ ~ ~ (A ~ ~ " 1 ~ .~ „~~ __ w ~ -wv ~~ -~ - 3 S • Meridian City Council September 6, 1994 Page 58 MOTION CARRIED: All Yea Corrie: Mr. Mayor, may I ask a question of the Counselor? Where are we on the ordinance that some of the members have been putting together here and gave it to you on this light industrial and trying to clear this up? Crookston: Bob, ~ haven't had a chance to get to it. Corrie: That might clear up an awful lot of doubts in peoples minds if that would (inaudible). Kingsford: l vwuld suggest that you guys ponder your information for the findings that you use as Mr. Jone's has suggested and go through this list and see those that you find offensive and mark them with a C. Corrie: That is exactly what we have done. ITEM #27: DAN WOOD: REQUEST FOR 1 YEAR EXTENSION OF FINAL PLAT FOR l/~ldNGATE SUBDIVISION PHASE 2 AND 3: Kingsford: Mr. Wood Wood: What I am doing is requesting an extension phases 2 and 3 on Wingate Subdivision. Part of the reason behind it is when the Preliminary plat and the final plat of phase 1 was approved you requested that 1 get the problem on Dixie Lane straightened out. It has taken quite a while but finally I've gotten that straightened out, part of the delay also in the next phase is the subdivision Dove Meadows has been delayed so I am anticipating getting started on phases 2 and 3 next year. So that is what I am requesting. Kingsford: Questions of Dan? Entertain a motion. Yerrington: I make a motion that we give Dan Woods a 1 year extension. Morrow: Second Kingsford: Moved by Max, second by Walt to approve a year extension for Wingate subdivision phases 2 and 3 all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #28: JOHN EWING: REQUEST FOR REFUND OF WELL DEVELOPMENT FEE • Meridian City Council September 6, 1994 Page 59 FOR FOTHERGILL POINTE SUBDIVISION: Kingsford: Go ahead. Ewing: Does everyone have the letter that I sent? Kingsford: I think everyone received John's letter, any questions that you might have for John? Really he is retrofitting that into pressurized irrigation. Tolsma: (Inaudible) Morrow. I think that is the motion that we made before that upon successful (inaudible) then we refund his money and I would make that a motion. Is that Gary and Shari how we have been handling that. Corrie: Second Kingsford: Moved. by Walt, second by Bob to return the money to Ewing Construction the upoh succes~f~al comlaletion (inaudible), all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #29: SCOTT SWANBY: REQUEST FOR A TEMPORARY TRAILER AT 1901 E. LANARK: Kingsford: !s Scott here? I think you all received that letter, do you have any questions about it. Mr. Berg, did they express to you? Berg: (have a copy of the letter that is all I received and I asked them to be here. Morrow. You are talking about the letter dated August 16th? It just simply says I would like to request that you kindly notify me as to when the next City meeting will take place concerning the proposal for a temporary trailer. And we notified him and he is a no shoe so it is an automatic table. Kingsford: Not unless I hear a motion. Morrow. So moved Corrie: Second !~ ~. • Meridian City Council September 6, 1994 Page 58 MOTION CARRIED: All Yea Corrie: Mr. Mayor, may I ask a question of the Counselor? Where are we on the ordinance that some of the members have been putting together here and gave it to you on this light industrial and trying to clear this up? Crookston: Bob, ~ haven't had a chance to get to it. Corrie: That might clear up an awful lot of doubts in peoples minds if that would (inaudible). Kingsford: I would suggest that you guys ponder your information for the findings that you use as Mr. Jone's has suggested and go through this list and see those that you find offensive and mark them with a C. Corrie: That is exactly what we have done. ITEM #27: DAN WOOD: REQUEST FOR 1 YEAR EXTENSION OF FINAL PLAT FOR WINGATE SUBDIVISION PHASE 2 AND 3: Kingsford: Mr. Wood Wood: What 1 am doing is requesting an extension phases 2 and 3 on Wingate Subdivision. Part of the reason behind it is when the Preliminary plat and the final plat of phase 1 was approved you requested that I get the problem on Dixie Lane straightened out. It has taken quite a while but finally I've gotten that straightened out, part of the delay also in the next phase is the subdivision Dove Meadows has been delayed so I am anticipating getting started on phases 2 and 3 next year. So that is what I am requesting. Kingsford: Questions of Dan? Entertain a motion. Yerrington: 1 make a motion that we give Dan Woods a 1 year extension. Morrow. Second Kingsford: Moved by Max, second by Walt to approve a year extension for Wingate subdivision phases 2 and 3 all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #28: JOHN EWING: REQUEST FOR REFUND OF WELL DEVELOPMENT FEE ~ + ,A Meridian City Council September 6, 1994 Page 59 FOR FOTHERGILL POINTE SUBDIVISION: Kingsford: Go ahead. Ewing: Does everyone have the letter that I sent? Kingsford: I think everyone received John's letter, any questions that you might have for John? Really he is retrofitting that into pressurized irrigation. Tolsma: (Inaudible) Morrow. I think that is the motion that we made before that upon successful (inaudible) then we refund his money and I would make that a motion. Is that Gary and Shari how we have been handling that. Corrie: Second Kingsford: Moved by Walt, second by Bob to return the money to Ewing Construction the upon successful completion (inaudible), all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #29: SCOTT SWANBY: REQUEST FOR A TEMPORARY TRAILER AT 1901 E. LANARK: Kingsford: Is Scott here? I think you all received that letter, do you have any questions about it. Mr. Berg, did they express to you? Berg: I have a copy of the letter that is all I received and I asked them to be here. Morrow. You are talking about the letter dated August 16th? It just simply says I would like to request that you kindly notify me as to when the next City meeting wall take place concerning the proposal for a temporary trailer. And we notified him and he is a no shoe so it is an automatic table. Kingsford: Not unless I hear a motion. Morrow. So moved Corrie: Second OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMRH, P.E. Clty Enplnser BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROfT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P ~ 2 Adm. KENNETH W. BOWERS, Flro Chlef W. L. "BILL" GORDON, Police Chlsf WAYNE G. CROOKSTON, JR., Attomsy • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208)887-4813 Public Works/Bttilding Department (208)887-2211 GRANT P. KiNGSFORD Mayor December 1, 1995 Mr. John Ewing Ewing Company 1500 Eldorado Boise, ID 83704 377-1500 RE: Refund of Well Development Fee Dear John COUNCIL MEM9ER3 RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 2 COMMISSION JIM JOHNSON, Chalrmsn MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER Enclosed is a check for the retrofitting of 60 lots of Fothergill Pointe Subdivision Phase #1 to pressurized irrigation system. As per your request of August 18th, 1994 and the City Council approval of September 6th, 1995, I am pleased to refund you $24,360.00 (60 lots ~ $406.00 each) for your participation of drinking water conservation by installing the pressurized irrigation system in an existing phase of your subdivision. Thank you for your patience in the returning of this money. Sincerely :.,~Qi William G. Berg, Jr. City Clerk CITY OF MERIDIAN Location Checked By Description Sheet Date _ of Project Designed By Date ~._.-, a'a- CJ Meridian City Council September 6, 1994 Page 58 MOTION CARRIED: All Yea Corrie: Mr. Mayor, may I ask a question of the Counselor? Where are we on the ordinance that some of the members have been putting together here and gave it to you on this light industrial and trying to clear this up? Crookston: Bob, ~ haven't had a chance to get to it. Corrie: That might clear up an awful lot of doubts in peoples minds if that would (inaudible). Kingsford: I would suggest that you guys ponder your information for the findings that you use as Mr. Jone's has suggested and go through this list and see those that you find offensive and mark them with a C. Corrie: That is exactly what we have done. ITEM #27: DAN WOOD: REQUEST FOR 1 YEAR EXTENSION OF FINAL PLAT FOR WINGATE SUBDIVISION PHASE 2 AND 3: Kingsford: Mr. Wood Wood: What I am doing is requesting an extension phases 2 and 3 on Wingate Subdivision. Part of the reason behind it is when the Preliminary plat and the final plat of phase 1 was approved you requested that I get the problem on Dixie Lane straightened out. It has taken quite a while but finally Pve gotten that straightened out, part of the delay also in the next phase is the subdivision Dove Meadows has been delayed so I am anticipating getting started on phases 2 and 3 next year. So that is what I am requesting. Kingsford: Questions of Dan? Entertain a motion. Yerrington: I make a motion that we give Dan Woods a 1 year extension. Morrow. Second Kingsford: Moved by,. Max, second by Walt to approve a year extension for Wingate subdivision phases 2 and 3 all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #28: JOHN EWING: REQUEST FOR REFUND OF WELL DEVELOPMENT FEE ` ,~, • • Meridian City Council September 6, 1994 Page 59 FOR FOTHERGILL POINTE SUBDIVISION: Kingsford: Go ahead. Ewing: Does everyone have the letter that I sent? Kingsford: I think everyone received John's letter, any questions that you might have for John? Really he is retrofitting that into pressurized irrigation. Tolsma: (Inaudible) Morrow. I think that is the motion that we made before that upon successful (inaudible) then we refund his money and I would make that a motion. Is that Gary and Shari how we have been handling that. Corrie: Second Kingsford: Moved by Walt, second by Bob to return the money to Ewing Construction the upon successful completion (inaudible), all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #29: SCOTT SWANBY: REQUEST FOR A TEMPORARY TRAILER AT 1901 E. LANARK: Kingsford: Is Scott here? I think you all received that letter, do you have any questions about it. Mr. Berg, did they express to you? Berg: I have a copy of the letter that is all I received and 1 asked them to be here. Morrow. You are talking about the letter dated August 16th? It just simply says I would like to request that you kindly notify me as to when the next City meeting will take place concerning the proposal for a temporary trailer. And we notified him and he is a no shoe so it is an automatic table. Kingsford: Not unless I hear a motion. Morrow. So moved Corrie: Second • ._ August 18, 1994 The Mayor and City Council City of Meridian Meridian City Hall 33 E. Idaho Ave. Meridian, Idaho 83642 Dear Mr. Mayor and City Councilmen: R~E~~~'~1~~ AUG 1 S 19~~1 CITY OF INERIDIAI~ On April 4, 1994 we paid the City of Meridian a Well Development Fee of $406.00 for each of the eighty lots we were developing in Fothergill Pointe Subdivision Phase 1. This fee was in lieu of a pressurized irrigation system at the subdivision. We are putting in a pressurized irrigation system for Phases 2 and 3 of Fothergill Pointe Subdivision. We are also considering retrofitting 51 lots of Phase 1 with a pressurized irrigation system. We will retrofit these 51 lots if we are able to receive a refund of the Well Development Fees on them. It is my understanding from earlier conversations with City personnel that we could do this. This letter is our request for your consideration on a refund on Fothergill Pointe Phase 1. Sincerely, ,/ ,LLi ;~';' John R. Ewing JRE:lw August 18, 1994 The Mayor and City Council City of Meridian Meridian City Hall 33 E. Idaho Ave. Meridian, Idaho 83642 Dear Mr. Mayor and City Councilmen: REC~X~~~ ~~~~7 ~ ~ ~~~~i CITY OF IKI:RIDIA~! ~~ -. On April 4, 1994 we paid the City of Meridian a Well Development Fee of $406.00 for each of the eighty lots we were developing in Fothergill Pointe Subdivision Phase ]. This fee was in lieu of a pressurized irrigation system at the subdivision. We are putting in a pressurized irrigation system for Phases 2 and 3 of Fothergill Pointe Subdivision. We are also considering retrofitting 51 lots of Phase 1 with a pressurized irrigation system. We will retrofit these 51 lots if we are able to receive a refund of the Well Development Fees on them. It is my understanding from earlier conversations with City personnel that we could do this. This letter is our request for your consideration on a refund on Fothergill Pointe Phase 1. Sincerely, ~~ ,~~ ,~~,r.-r C John R. Ewing JRE:lw r OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Troasurer GARY D. SMITH, P.E. Clty Englnser BRUCE D. STUART, Watsr Works Supt. JOHN T. SHAWCROFT, Waste Watar Supt. DENNIS J. SUMMERS, Parks Supt. SHARI 8. STILES, P fi 2 Adm. KENNETH W. BOWERS, FIro Chlsf W. L. "BILL" GORDON, Pollcs Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208)887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW GRANT P. KINGSFORD Mayor December 1, 1995 Mr. John Ewing Ewing Company 1500 Eldorado Boise, ID 83704 377-1500 RE: Refund of Well Development Fee Dear John P 8 2 COMM18810N JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARUEROUNTREE TIM HEPPER Enclosed is a check for the retrofitting of 60 lots of Fothergill Pointe Subdivision Phase #1 to pressurized irrigation system. As per your request of August 18th, 1994 and the City Council approval of September 6th, 1995, I am pleased to refund you $24,360.00 (60 lots ~ $406.00 each) for your participation of drinking water conservation by installing the pressurized irrigation system in an existing phase of your subdivision. Thank you for your patience in the returning of this money. Sincerely ~~ William G. Berg, Jr. City Clerk :.'i' G~ ~~y ~~~ ^ f i .. ~vM ao~3dv~ •N h < ~- ., _ N lil ~ ~ r O ~ w w~ ~ ~ wO ` ~ ~ ~ ; • a «~ ~ J ~~ S ~ ~ ~ ~ vs ~OOOM MOt~?!1l 'N ~ ~ N ~ ~ e e ~ • . h N ` ~ M r w • 10 aw W ~~ N .' ~ n ~_ z 1NONH~~IV•1 N 11Mph +a ~ o a / Q i + ~ 3nN3AV~ . nr~sru ~ ~ hN w '~. b 3nN3~v ~ ~1tJl0A 'N) ~ ~ II « ~' ~~ ~ ~ o Q ~~ ~ « ,. tvn `~ S ~/ N1/1OW31~1 'N ~ 3 ~° `I d z 5a i