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Haven Cove Subdivision No. 6 FPWILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY i# A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Depwtment (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and 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: January 30, 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/6 /96 REQUEST: Final Plat for Haven Cove Subdivision No 6 BY: John Eddy LOCATION OF PROPERTY OR PROJECT: South of Haven Cove No. 4 and West of Haven Cove No. 5 Subdivision 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 MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) UREAU OF RECLAMATION(PRELIM & FINAL PLAT) OTHER: YOUR CONCISE REMARKS: JAN 2 2 1996 City OF MERIDIAN 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 January 19, 1996 Meridian City Council Subject: Haven Cove No. 6, Final Plat The final plat of Haven Cove No. 6 is in conformance With the approved preliminary plat and meets all the requirements and conditions for the final platting of Haven Cove No. 6. The final plat of Haven Cove No. 6 is in conformance to all the requirements and provisions of the Meridian Subdivision Ordinance. The final plat and development plans of Haven Cove No. 6 is in conformance With accepted engineering, architectural and surveying practices and local standards. Sincerely, PACIFIC LAND SURVEYORS Keith L. Jacobs, Jr. P.E. PLS -B01 58-03396 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation f t REQUEST FOR SUBDIVISION APPROVAL PkELIMINAkY PLAT AND/OR FINAL P`I..AT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSIOti: A request for preliminary plat approval must be in the -City Clerks possession, no later than three days following the regular meeting o! the Planning and Zoning Commission. The Planning and Zoning Commission, will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION I. Name of Annexation and Subdivision. Haven Cove ft 2. General Location, W 1/2, SE 1/4, NW 1/4, Sec.11, T.3N., R.1W.,B.M. 3. Owners of record, John T. and Betty M. Eddy Address,2630 W. Pine, Meridian, Zip83642Telephone (208) 888-1336 Idaho 4. Applicant, Same as owners Address, 5. Engineer, Keith L. Jacobs, Jr. Firm Pacific Land Surveyors a divn. Address of POWER Engineers, 83 Maple Grove Rd Telephone(208) 378-6385 Inc. Boise, se,e, Idaho 6. Name and address to receive City billings: Name John T. Eddy, Pacific rand Address 29 N_ ManlP arnup Telephone (208) 378-6380 Surveyors Boise, Idaho 83704 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 1.35 2. Number of lots 5 full lots and one non -buildable lot 3. Lots per acre 3.7 4. Density per acre 0.27 5. Zoning Classification(s) R-4 9 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification 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 un Explain 10. Are there proposed dedications of common areas? No Explain For future parks? Explain 11. What school(s) service the area Meridian do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City No Water Supply No Fire Department__ No . Other Explain 13. Type of Building (Residential, Commercial, Industrial or combination) Residential 14. Type of Dwellings) Single Family, Duplexes, Multiplexes, other Si nal P-Pam=1 y 15. Proposed Development features: a. Minimum square footage of lot(s), 8,000 s.f. b. Minimum square footage of structure(s) 1,400 s.f. C. Are garages provides for, Yes square footage 400 d. Are other coverings provided for No e. Landscaping has been provided for No Describe (2) W v 0 f. Trees will be provided for No Trees will be maintained g. Sprinkler systems are provided for Yes h. Are there multiple units No Type remarks I. Are there special set back requirements No Explain J. Has off street parking been provided for No .Explain k. Value range of property 40,000 1. Type of financing for development Private Bank M. Protective covenants were submitted No .Date Forthcoming 16. Does the proposal land lock other property No Does it create Enclaves u� STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. 4. 5. 6. Development will connect to City services. Development will comply with City Ordinances. Preliminary Plat will include all appropriate easements. Street names must not conflict with City grid system. (3) 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator,prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. 9-604 C PRELIMINARY PLAT 1. Application - The applicant shall file with the Administrator a complete subdivision application form and preliminary plat data as required in this Ordinance, not less than thirty (30) days prior to the Commission's public hearing. The Commission will not schedule any hearing or workshops or put the application on the agenda unless the above conditions have been met. 2. Public Hearing to be Held Prior to Subdivision Plat Approval - A public hearing shall be held at the time of presentation of the preliminary plat by the developer to the Commission for the purpose of allowing public input on the proposed subdivision. 3. Combining Preliminary and Final Plats - The applicant may request that the subdivision application be processed as both a preliminary and final plat if all of the following exists: a. The proposed subdivision does not exceed four (4) lots; b. No new street dedication or street widening is involved; C. No major special development considerations are involved, such as development in a flood plain, hillside development or the like; and d. All required information for both preliminary and final plat is complete and in an acceptable form. A request to combine both. preliminary plat and final plat into one application shall be acted upon by the Commission upon recommendation by the Administrator. (4) 4. The Applicant a. The applicant shall submit all required copies of plats, maps, application form, conceptual engineering forms, and any other appropriate supplementary information required by the Administrator, Commission, or Council. See 9- 60403. 5. Content of Preliminary Plat - The contents of the preliminary plat and related information shall be in such form as stipulated by the Commission; however, additional maps and supporting data deemed necessary by the Administrator or the Commission or Council may also be required. The subdivider shall submit to the Administrator at least the following: a. Thirty (30) copies of the preliminary plat of the Proposed subdivision, drawn in accordance with the requirements hereinafter stated; each copy of the preliminary plat shall be on good quality paper, shall have dimensions of not less than twenty-four (24) inches by thirty six (36) inches, shall be drawn to a scale suitable to insure clarity of all lines, dimensions and other data, shall show th-e drafting date, and shall indicate thereon, by arrow, the general northerly direction; b. Thirty (30) copies of a .one (1) inch equals three hundred (300) feet scale snap on 8-1/2"x11" paper indicating thereon all adjacent development and/or lots of record within three hundred (300) feet of any boundary of the proposed development, and the layout of the proposed development in bold outline; C. Thirty (30) copies of the completed and executed subdivision application form; d. Four •(4) sets of conceptual engineering plans (not meant to be detailed designs) for streets, water, sewers, sidewalks and other required public improvements. Such engineering plans shall contain sufficient information and detail to enable the Administrator to make a determination as to conformance of the proposed improvements to applicable regulations, ordinances and standards. e. Appropriate supplementary information that sufficiently details the proposed development within any special development area, such as hillside, planned unit development, floodplain, cemetery, mobile home, large-scale development, hazardous and unique areas of development. (5) t 1 L ---j 0 6. Requirement of Preliminary Plats - The following shall be shown on the preliminary plat or shall be submitted separately: a. The name of the proposed subdivision and general location; b. The names, addresses and telephone numbers of the owner, the subdivider or subdividers and the engineer, surveyor or planner who prepared the preliminary plat; C. Name and address of the party to receive City billings and/or correspondence; d. The legal description of the subdivision; e. A statement of the intended use of the proposed subdivision, such as: residential single-family, two (2) family and multiple housing, commercial, industrial, recreational or multiple housing, commercial, industrial, recreational or agricultural and a showing of any sites proposed for parks, playgrounds, schools, churches or other public uses; f. A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development; g. A vicinity map showing the relationship of the proposed plat to the surrounding area (one-half (1/2) mile minimum radius, scale optional); h. The land use and existing zone of the proposed subdivision and the adjacent land; i. Streets, street names, right of way and roadway widths, including adjoining streets or roadways; J. Lot lines and blocks showing scaled dimensions and numbers of each; k. Contour lines, shown at five (5) foot intervals where land slope is greater than ten percent (10%) and at two (2) foot intervals where land slip is ten percent (10X) or less, referenced to an established benchmark, including location and elevation; 1. A .site report as required by the appropriate health district where individual wells or septic tanks are proposed; (6) M. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants, and their respective profiles; n. A copy of any proposed restrictive covenants and/or deed restrictions; o. Any dedications to the public and/or easements, together with a statement of location, dimensions and purposes of such; P- Any additional required information for special development as specified in this Ordinance; q. A statement as to whether or not a variance will be requested with respect to any provision of this Ordinance describing the particular provision, the variance requested, and the reason therefor; r. A statement of development features. 7. Fee - At the time of submission of an application for a preliminary plat, the applicant shall pay the applicable fee as approved by the Council; 4 Lots = $300.00 Over 4 Lots = $300.00 + $10.00 per lot In addition to above fees applicant shall pay cost of certified mailings at rate of $1.29 per notice. Final Plats = $10.00 per lot 8. Administrator Review - a. Certification - Upon receipt of, the preliminary plat and all other required data as provided for herein, the Administrator shall affix the date of application acceptance thereon. The Administrator shall, thereafter, place the preliminary plat on the agenda for consideration at the next regular meeting of the Commission if there is sufficient time prior to the date of certification for the Commission to consider and review the application, and to give proper notice of a public hearing as required in 9-604 C. 8b. b. Notice will be published in the City's newspaper of record at the expense of the requesting party at least one (1) edition, fifteen (15) days prior to the hearing of the Planning and Zoning Commission meting, which notice shall also give a summary of the request and the location. (7) P4 9. 9 • C. Review by Other Agencies - The Administrator shall refer the preliminary plat and application to as many agencies as deemed necessary. Such agencies may include the following: 1. Other governing bodies having joint jurisdiction; 2. The appropriate utility companies, irr4gation companies or districts and drainage districts; 3. The Superintendent of the School District; and 4. Other agencies having an interest in the proposed subdivision. Commission Action - a. Hearing by Commission - Following the receipt of application and after notice, the Commission shall conduct a public hearing, at which time they shall review the preliminary plat and receive comments from concerned persons and agencies to arrive at a decision on the preliminary plat. b. Commission's Finding - In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Ordinance and at least the following: 1. The conformance of the subdivision with the Comprehensive Development Plan; 2. The availability of public services to accommodate the proposed development; 3. The 'continuity of the proposed development with the capital improvement program; 4. The public financial capability of supporting services for the proposed development; and 5. The other health, safety or environmental problems that may be brought to the Commission's attention. (a) • 0 C• Action on Preliminary Plat - The Commission may approve, approve conditionally, deny or table the preliminary plat for additional .information. Approved or conditionally approved preliminary Plats are forwarded to the Council. If the plan is denied, it is not forwarded to the Council. If the plan is tabled, it may be reconsidered by the Commission within forty-five (45) days of the public hearing. The Administrator shall notify the applicant of the Commission's action within ten (10) days. d. Action on Combined Preliminary and Final Plat - If the Commission's conclusion is favorable to the subdivider's request for the subdivision to be considered as both a preliminary plat and final subdivision, then a recommendation shall be forwarded to the Council in the same manner as herein specified for a final plat. The Commission, may recommend that the combined application be approved, approved conditionally or disapproved. il. Appeals - Any person or aggrieved party w'ho appeared -in person or writing before the Commission or the subdivider may appeal in writing the decision of the Commission relative to the final action taken by the Commission. Such appeal must be submitted to the Council within fifteen (15) days from such Commission action. 12• A record of the public hearing, findings made and action taken shall be made and maintained. 9-604 D ADMINISTRATIVE PROCESSING OF THE PRELIMINARY DEVELOPMENT PLAN FOR THE COUNCIL AND NOTIFICATION PROCEDURE Upon receipt of the Commission's action concerning the Preliminary Development Plan or the receipt of an appeal of such action by the applicant or other aggrieved party, the Administrator shall respond as follows: 1. Set the public hearing date for the Preliminary Development Plan; and �• Review public hearing comments by concerned persons, public agencies or City departments. 9-604 E COUNCIL HEARING, NEGOTIATIONS, AND ACTION 1. Prior to taking action concerning the Preliminary Development Plan, the Council shall conduct at least one (1) public hearing in which interested persons shall have an opportunity to be heard. (9) 2. No final subdivision plat shall be approved until one (1) public hearing before the Council has been held for the purpose of allowing public input on the proposed subdivision. This public hearing shall be held at the time of the presentation of the preliminary plat by the developer to the City Council. Notice of the public hearing shall be given by mailing, by certified mail, notice of the hearing to all property owners within three hundred (300) feet of the proposed boundaries of the subdivision, which mailing shall be completed by the developer and by publishing notice of said hearing in the City's newspaper of record at least one (1) time fifteen (15) days prior to the date of such hearing, which publication shall be handled by the Administrator. The notice to be mailed to the adjacent property owners shall include a copy of the notice of hearing and a vicinity map of the area, which map shall show the proposed subdivision and the property within three hundred (300) feet. 3. During the hearing, the Administrator shall report on the status of the application. 4. In considering the proposed development, the Council shall consider the requirements of this Ordinance and at least, but not limited to, the following; a. The conformance of the proposed development with the Comprehensive Plan; b. The availability of urban services to accommodate the proposed development; C. The continuity of the proposed development within the City's capital improvement program; d. The public financial capability of supporting services for the proposed development; and e. Health, safety, or environmental problems that may be brought to the Commission's attention. (10) 5. Prior to Council action, the Council, Administrator, applicant, and interested persons may negotiate items of the Preliminary Development Plan which are of mutual interest. In order that the negotiations be an open process and the rights Of all parties and persons shall be protected (applicant, Council, Administrator, and the general public), the following guidelines shall be observed: a. The negotiations shall not occur in private or closed meetings; b. Negotiations shall take place in 'open and informal meetings; C. Where there is a quorum of the Council In attendance, appropriate records shall be kept of the negotiating session or sessions, namely minutes which shall be submitted with the proposed development; d. The negotiation process shall be separate from the decision making process of the Council. e. Results of the negotiations shall be a recommendation to the Council and be - available for public scrutiny; f. The negotiation process shall be designed and carried out in a manner which assures the general public that decisions have not been made in advance of the input and scrutiny by the general public; g. The general public shall be informed of any negotiation that has occurred in a newspaper article in the official newspaper or paper of general circulation within the City of Meridian fifteen (15) days prior to Council action. 6. The. Council shall approve, approve with conditions, deny, or table the Preliminary Development Plan. If the Preliminary Development Plan is tabled, it may be reconsidered by the Council within forty five (45) days of the public hearing. The Administrator shall notify the applicant of the Council's action within ten (10) days of the Council's action. 7. A record of the hearing, findings made, and action taken shall be maintained. 9-604 F APPROVAL PERIOD 1. Council approval of the Preliminary Development Plan shall become null and void if the applicant fails to submit the Final Development Plan within one (1) year of Council approval of the Preliminary Development Plan. 2. Upon written request to the Council and filed by the applicant prior to the termination of the said one (1) year period as stated in Section 9-604 F.1 Of this Ordinance, the Council may authorize a single extension of the approval of the Preliminary Development Plan for a period not to exceed one (1) year from the end of the said one (1) year period. 3. In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one (1) year, may be considered for final approval without resubmission for preliminary plat approval. 9-604 G APPEAL OF COUNCIL ACTION Appeals of the action of the Council concerning the administration of this Ordinance may be taken by any aggrieved person. Within sixty (60) days of the Council action (and after all remedies have been exhausted under this Ordinance), an aggrieved person may seek JUDICIAL REVIEW of the Council's action under Provision provided by Sections 67-5215(b) through (g) and 67-5216, Idaho Code. 9-604 H FINAL PLAT 1. Application - After the approval or conditional approval of the preliminary plat, the subdivider may cause the total parcel, or any part thereof, to be surveyed and a final plat prepared in accordance with the approved preliminary plat. The subdivider shall submit to the Administrator the following: a. Thirty (30) folded copies of the final plat; (12) b. Four (4) copies of the final engineering construction drawings for streets, water, severs, sidewalks and other public improvements; and C. Ten (10) prints of the final plat at a scale of one (1) inch equals three hundred (300) feet. 2. Contents of Final Plat - The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least: a. A written application for approval of such final plat as stipulated by the Commission; b. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat; C. Such other information as the Administrator or Commission may deem necessary to establish whether or not all proper parties have signed and/or approved said final plat; d. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof; e. A statement of conformance with all requirements and provisions of this Ordinance; and f. A statement of conformance• with acceptable engineering, architectural and surveying practices and local standards. 3. Fee - At the time of submission of an application for a final plat, the applicant shall pay the applicable fee which has been approved by the Council to cover the cost of processing. 4. Administrator Review-- a. eview- a. Acceptance - Upon receipt of the final plat, and compliance with all other requirements as provided for herein, the Administrator shall certify the application as complete and shall affix the date of acceptance thereon. (13) w 0 • b. Resubmittal of Final Plat - The Administrator shall review the final plat for compliance with the approved or conditionally approved preliminary plat. If the Administrator determines that there is substantial difference in the final plat than that which was approved as a preliminary plat or conditions which have not yet been met, the Administrator may require that the final plat be submitted to the Commission in the same manner as required in the preliminary plat process, including a public hearing and notice thereof. c. Submission to the Council - Upon the determination that the final plat is in compliance with the preliminary plat and all conditional. requirements have been met, the Administrator shall place the final plat on the Council agenda within forty-five (45) days from the date that an acceptable final plat application was received and acknowledged by the Administrator. 5. Agency Review - The Administrator may transmit one (1) copy of the final plat, or other documents submitted, for review and recommendation to the departments and agencies as he deems necessary to insure compliance with the preliminary approval and/or conditions of preliminary approval. Such agency review shall also include the construction standards of improvements, compliance with health standards, the cost estimate for all improvements and the legal review.of the performance bond. 6. Council Action - Within forty-five (45) days following receipt of the application, the Council shall.consider the requirements of the preliminary plat and comments from concerned persons and agencies to arrive at a decision on the final plat. The Council shall approve, approve conditionally, disapprove, or table the final plait. If the final plat is tabled, it may be reconsidered by the Council within forty five (45) days of the date of initial consideration. A copy of the approved plat shall be filed with the Administrator. 7. The Administrator shall notify the applicant of the Councils action within ten (10) days of such action. (14) :zlrzlw • w w w w w oil; o a ® O o i e w air fZ cz 5[ fl 61 L >: f1 91 91 fl ZI 11 y0 tZ tz IE OZ �I o. a- 91 91 r1 i1 * q9 I ,r i l e i Oi = sl r i • 9 1 9 i I IL f 6 i OI I 11 I t1 Fwd r•wL1 O .•17 MM w D -• Z 1 • w • ��" .. 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The final plat of Haven Cove No. 6 is in conformance to all the requirements and provisions of the Meridian Subdivision Ordinance. The final plat and development plans of Haven Cove No. 6 is in conformance With accepted engineering, architectural and surveying practices and local standards. Sincerely, PACIFIC LAND SURVEYORS Keith L. Jacobs, Jr. P.E. PLS -80158-03396 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation rA .; �i i •air t fi ' int I `i'nsaDl1Q1'll'[►Bl41Wds thlr alStOi's�``,p>r11 ! m !h. rats at awr band oee d�owaad eine:`iitedie a t� `91xtr-six • batws 3C2=T ?. 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OAV:� HAVAF RECORDER By I '91 JUN 12 p�12 17 i TOGMilF.lt, with aD and sinsaiar the tmennnta. hereditaments and appmlenances themunto belonging or in anywise appertaining- the reversion sad reversions' remainder and remainde—..,,,` eil issues and profits thereof: and all estate, right, title and interest in and to the said property. as in law as in equity, of the said part `_ : = of the Asst part. TO HAVE AND TO HOLD. AII and singular the above rmntioned and described premises, toire" with the appartenanem unto the part:. r of the second part, and to=.'`:' heirs and n«ig-ts forte : and the said part = of the Arst part. and -r heirs, the said premises in the gt.iie• n^d ••.••• possession of the said part' : of the second part. `.. heirs and assigns. agair<t tl', of the first FA -t. and _ heirs, and against all and every person and persons he�e do dairying or 'claan the sate shn:l and will WARRANT and by t ; rncrr.!� `" • f: SUBDIVISION EVALUATION SHEET Proposed Development Name HAVEN COVE NO 6 City MERIDIAN Date Reviewed 10/26/95 Preliminary Stage 1C)CXXX Final Engineer/Developer Pacific Land Surveyors / John T & Betty M Eddy The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall annear on the _plat as: 1 ► ► "W. STATE STREET" 1 y�l■. I ■ The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order f e street names to be officially approved. /� ADA COUNTY STREET NAME COMMITTEE,[ gIGENCY E E$ NTATIVES OR DESIGNEES Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire District John Priester, Terri Ray Date 14 Date v G Date 1012YIrS Sate NOTE: , A copy of this evaluation sheet must be presented to the Add County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index NUMBERING OF LOTS AND BLOCKS —f3 6cunw u c:. W LEONARD ST. •_ .o D5 t4 I� 1 m 9 6 S 4 2 L !' I 1- N 27 B J 3 4T ---c i 21 ZD I 16 i 10 q IS is s 5 .7 I I of ` 45 20 I!22 8 !y ti I. 1 SHERYL ST 4s 19 23 1e W 1� I 10 9 f a! 7 I 6 S 4 f1.2f 3 \ 2 C�j .5 op 24 17 H W l'C�IE.� 6h 52 ` L- a 1 ' K 17 l a 19. 20 is 22 1 23 i4 9 p 1 j U ,1, �\ �5 ��Gf IS 43 17 25 16 4 Y J1 p 16 �" w loll 16 I w11_I_aRD ST •2 26 17 15 27 ++ it 10 9 9 7' S •. 3 .. a 5 4 \ 41 2 ! I! e;/ 10 13 I!' !s W. S ANTA CLARA DR. 24 .6 25 21 17 W ' J ? 3 • S 5 a ! .10 I1 12 35 34 33 u 31 ]0 � 27 26 2 she rSS13 1 4 r r.. N• r• Sf M N N r iRCG yo Cate t S2 �'_�_" E1•r E:f fr �:1 y i'1 i �: % ''t rat 47 46 /� it n •.�M t r gh•Li' Mir • , i C 1 i,.+•,cs•• j,.,.. r S� Ir r r •.ter• �•� s I 1 f• � f *� � ti o � -- r O E � 2. I615 , ♦ 0: ♦ W. A 111 ! -1 14 � IS t6 � '' la I H 201,21 21 22 6 23 .2, 0 11 12 13 14 is Is J 17 Is DAYTON OR ♦ ♦ 1 ♦ ♦ 11 T 10 • • CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: ENGINEER: The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: ITEEM DESCRIPTION COMMENTS V1. Thirty (30) copies of written application for approval as stipulated by the Council Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat (warranty deed, signature sheet of final plat) /3. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof A statement of conformance with all require- ments and provisions of this Ordinance / A statement of conformance with acceptable engineering, architectural and surveying practices and local standards 6. Street name approval letter from Ada County ty 7. Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1" = 300'). Include subdivision and street names, lot and block numbers ". Ll - HJNVNI(I-C rus aultAolloj Qqj, :8-00-0 lij!D Olp Xq IPAC--i;'-1 (06) ,4ou!u un . pyA punts i n -n- -um ww jo .p, .,qj -jo s3soujnfj Jqj ppwaxa --77= 7 7� -�-777 77 =77 ---- ----- ---- of joud punjoi 16, trans :_,-.-Ilui juotudopm)p .ospunj3jo&i NI 'POI -ZZ -SZ apoo q v7;4W39 qJIM JOIPASRMPV ooj otp Sq jaAd ooj mp of px.; .PUIVOJ PUR MR-, ------------- --- lu pV polpoodS To 0d1j) ino-;sig 'U!-ISIU ' uut, miumloicidv ol pol!Lj spq 'ojqrjp-7am; d 3ai 5uTssLdwoouo 1!wjod 2u!pl!nq v (1) p oat L-00-0 -I!tujad 2utpl!nq ---------- -,-V s v -4 lu!tul) 004 alp AJIJOU wom Imp sainl3nils ol _v__- -T 1i sasp:) jaxpo IF ul algenE Si azis PUB 33uoqslxo sum asn joud aip Imp 77=77- 7--17: ?TR uo jualudoloAop mou Xu -e 004 raj 3tp Pum asn snowid ap joj pied FINAL SUBDIVISION PLAT CHECKLIST Page 2 9. Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: "b. Approved Plat Name Year of platting Sectional location of plat - County North arrow Scale of plat (not smaller than 1 " =100') 4- Streets and alleys with widths and bearings Street names Consecutive numbering of all lots in each 1 block, and each block lettered or numbered Each and all lengths of the boundaries of each lot including curve table Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table Descriptions of survey monuments Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system m. Easements ✓n. Basis of bearings ,.o. Pertinent notes for easements, restrictions, designations, etc. i. Land Surveyor - signed seal ✓q. Land Surveyor business name - City location s. Legend of symbols Minimum residential house size -i (1) Rebuilding the same amount of fire or other catastrophe, proviu€- h- two (2) years of its con,' _- (2) Remodeling a . p _ u. :.:. : ..:.. . . . ..... _ units; (3) Replacing a reside..-,.,'-"--'- - _= =--- - • - . .. . � - .-_ _ __ :..nits floes not increase: (4) Placing a tern€ r (5) Constructing an adt-__ _ ------ - ----- :service units; and (6) Adding uses _`_�_ - - ----- -- - - - - - - - - -- significant impact on the ice projects,or rhons of t =hh_t B. The City of Meridii=__ office land uses from ay; _ _ exemption in the futuE_--- C. An exemption must be c -I - - - - - - - - - - - - -- _ - -- n-nilcations tor within (30) days of the late submitI--- __-_ - - - -- ------------- - -- ----- _ - --- - �- - - q--___ _-= = 1- — :.t =__= - _ ----- _____=-_- _ _ . = e un er the. of this Chapter. 0-00-9: - •-==int a impact fees will be deposited if! T = = _ - ort-oe van o ---- - --- ---- -- - - _'� ue systcm or sco INANCE - 18 • FINAL SUBDIVISION PLAT CHECKLIST Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles, Planning & Zoning Administrator Gary D. Smith, P.E., CiV Engineer ACCEPTANCE DATE: CCENTRAL DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N, ARMSTRONG PL. • BOISE, ID 83704-0825 s (208) 375-5211 • FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 96-422 RF F-_IVFE July 3, 1996 AERIDIAI•, David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: HAVEN COVE SUBDIVISION, #6 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 July 2, 1996. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Environmental Health Director Martin O. Jones, Environmental Health Supervisor HUD Pacific Land Surveyors John & Betty Eddy Serving Valley, Elmore, Boise, and Ada Counties ADA / BOISE COUNTY OFFICE 707 N. Armstrong Place Base, ID 831040825 Ph. 375-5211 ELMORE COUNTY OFFICE 520 E. 8th Street North Mountain Home, ID 83641 Ph. 587-9225 A VALLEY COUNTY OFFICE P.O. Box 1448 McCall, ID 83638 Ph. 634-7194 290 North Maple Grove Road . Boise, ID 83704 (208) 378-6380 Fax(208)378-0025 Letter of Transmittal May 2, 1996 To: Ms. Shari Stiles City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Subject: Haven Cove No. 6 Subdivision Enclosed are the following items: 1 ea. Revised Restrictive Covenants 1 ea. Revised Articles of Incorporation Rev. 2-13-96 1 ea. Legal Description for Subdivision These are transmitted: ❑ for your ❑ For action ❑ For review ® For your use ❑ As requested information specified below and comment Sincerely, Pacific Land Surveyors A division of POWER Engineers, Inc. Jo n T. (Tom) Eddy, L. S. JTE:smg Enclosure(s) Sent Via: Hand delivered PLS-BOI W275 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation 0 HAVEN COVE NO. 6 SUBDIVISION RESTRICTIVE COVENANTS The undersigned, being the owners of the property hereinafter described, do hereby adopt the following protective covenants in their entirety to apply to real property to be subdivided and contained in a subdivision as described in Attachment A. The said HAVEN COVE NO. 6 SUBDIVISION is divided into single family residential lots in compliance with the local and state regulations and laws. The following covenants shall run with the land and be in force and effect as outlined below unless or until terminated by agreement of the owners of seventy-five percent (75%) of the land in the subdivision and after all lots therein have been sold by Interwest Development, Inc., hereinafter called "Developer". Modification or termination of these covenants can only be made with the consent of the Developer while any lots in this subdivision remain din the ownership of the Developer, and are as follows: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefore, including exterior color scheme, has been approved in writing by the Architectural Committee. The approval of the Committee shall not be unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. (2) Variances in building setback requirements shown on plat may be given by the Architectural Committee upon proper showings and so long as the Meridian city ordinances on setbacks are met. (3) The ground floor area of any one-story house in this subdivision shall not be less than 1400 square feet excluding covered porch areas, breezeways, garages or patios. Two-story and tri -level homed shall have not less than 1400 square feet, exclusive of the covered porches, entrances, garages or patios. One -level homes with basements shall have a minimum of 2400 square feet with the ground level having a minimum of 1200 square feet, also excluding covered porch areas, breezeways, garages or patios. ® 2 (4) The value of each constructed residence shall equal or exceed $90,000 based on Jan, 1994 values. (5) The design of each house in this subdivision shall endeavor to include aesthetic qualities such as brick, redwood, cedar, stucco, or stone facings on the front exposure, bay windows, roofs of at least 4 in 12 pitch, broken roof lines, gables, hip roofs, etc. Exterior colors of earth tones or grays shall be encouraged. Bright or bold colors, or very dark colors shall be discouraged. (6) No gravel roofs, split entry homes, or moving of pre -built homes into subdivision shall be allowed. (7) All lots shall be provided with a driveway containing a minimum square footage such that two off-street automobile parking spaces are provided within the boundaries of each lot. (8) All such parking area requirements shall be exclusive of a required attached and enclosed two car garage area which will hold no less than two cars and no more than three. (9) For the purpose of the covenants, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No building shall be in excess of two stories above natural ground level. (10) Fences shall not extend closer to any street than twenty feet (20 nor higher than six (6) feet without express approval of the Architectural Committee and the Meridian City Council, and shall be of good quality and workmanship and shall be properly finished and maintained. The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural Committee shall be binding on all parties as to whether -an undesirable, noxious or nuisance use exists. (11) No Duplex or multi -family building shall be located within the boundaries of this subdivision. (12) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof and be completed within eight (8) months. 3 • (13) Landscaping of front yard is to be within 30 days of substantial completion of home, or within 30 days of occupancy, to include but not be limited to sod in front yard, one flowering tree of at lease 1 1/2" caliper, three (3) five gallon plants and five (1) one gallon shrubs. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Grass will be planted in the back yard within one year of occupancy. (14) Each home is to have a Photo -Sensitive yard or house light installed such that the front yard area between the house and the front property line is illuminated. The light is to be designed to automatically switch on at sunset and off at sunrise with a minimum bulb power of 60 watts and wired to meet City of Meridian Ordinances. (15) No building shall be moved onto the premises. (16) No shack, tent, trailer house, or basement only, shall be used within the subdivision for living quarters, permanent or temporary. (17) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than four (4) inches. (18) Keeping or raising of farm animals or poultry shall be prohibited. A maximum of 2 dogs and/or 2 cats or other household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others and comply with Meridian City code. Any other requests by lot purchasers must be approved by the Architectural Committee. Dogs shall not be allowed to run at large. (19) No business shall be conducted on the above property unless legally permitted under the existing and prevailing Meridian City zone restrictions. If permitted, no business or commercial use shall be allowed that cannot be conducted within the residence of the owner. No signs shall be installed to: advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. 0 4 0 (20) Only one (1) outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property and must be approved by the Architectural Committee. (21) No building or structure shall be placed on said property so as to obstruct the windows or light of any adjoining property owner in said subdivision. (22) Additional easements: In addition to any easements shown on the recorded plat, an additional (5) foot easement may be reserved five (5) feet on any side of all other easement lines, if necessary, for the installation and maintenance of utilities, irrigation and drainage. (a) Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction or flow of water through drainage channels in the easements. (b) 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 is responsible. (23) This subdivision is within the Nampa -Meridian Irrigation District, each lot will have access to pressurized irrigation and will be subject to any and all assessments of said district. Said pressurized irrigation system shall be maintained by the Nampa - Meridian Irrigation District. (24) All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines. (25) No sign of any kind shall be displayed to public view on any building or building site on said property except a professional sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during construction and sales period. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the Declarant or its agent may post a "sold" sign for a reasonable period following the sale. C� 5 0 (26) No lot or building site included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc. shall be maintained in a sanitary and clean condition. (27) Parking of recreational vehicles, boats, trailers, motorcycles, trucks, truck -campers and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or other approved enclosure, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property or on public ways adjacent thereto shall be prohibited except within garages, carports, or other approved areas. The Architectural Committee shall be the sole and exclusive judges of approved areas. Their decision is final and binding. (28) No machinery, building equipment or material shall be stored upon site until the Grantee is ready and able to commence the construction with respect to such building materials which then shall be placed within the property line of such building site upon which the structure is to be erected. (29) Installation of radio and/or television antennae or satellite dishes is prohibited outside any building without written consent from the Architectural Committee, which would require them to be screened from street view. (30) These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of this recording thereof, after which time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument, an instrument signed by the owners of seventy-five percent (75%) of the land of this subdivision has been recorded agreeing to change or terminate said covenants in whole or part and after all lots therein have been sold by the Developer. Modification or termination of these covenants can only be made with the consent of the Developer so,long as any lots in this subdivision remain in Developer's ownership. 6 • (31) Enforcement against any person or persons violating or attempting to violate any covenant herein after ten (10) days notice thereof in writing served on the offending party, shall be had by any property owners within said subdivision either at law or equity. In the event of judgement against any person for such the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees and Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. (32) Any Owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. (33) A committee of three persons shall act as an architectural design committee and shall, prior to any new construction in said subdivision, be furnished with one set •of detailed plans and specifications of any proposed building to be located in said subdivision and shall be allowed ten (10) days to review said plans, drawings, and specifications. If said committee shall approve of the proposed building, or modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by a member of the committee, and their approval shall be construed as full compliance with the provisions of Paragraph One (1) of the original covenants. Said committee shall have sole discretion to determine what shall be substantial compliance without prior consent of said committee. The committee shall consist of the following: A Leon Blaser 3875 Twilight Dr. Boise, Id 83703 Bruce Blaser 4378 Kitsap Dr. Boise, Id 83703 Glen F. Blaser 3450 Stone Creek Rd. Boise, Id 83703 After the developer has sold all the lots in this subdivision, the Architectural Review Committee shall be turned over 'to the residents of the subdivision and not before. Amending these covenants shall not affect this provision. A majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of whom serve without compensation. 0 7 0 (34) Damage to Improvements: It shall be the responsibility of the builder of any residence in this subdivision to leave street, curbs, sidewalks, fences, and tiled irrigation lines if any, and utility facilities free of damage and in good and sound condition at the conclusion of the construction period. Fine grading on each individual lot shall be required to conform to the master drainage plan of the subdivision. It shall be conclusively presumed that all such improvements are in good, sound condition at the time building is begun on each lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, with notice addressed to a member of the Architectural Committee. (35) Invalidation of one of these covenants shall in no way affect any of the other provisions which shall remain in full force and effect. HOME OWNERS ASSOCIATION (36) Membership: Every person or entity who is a record owner (including contract sellers) of a fee or undivided fee interest in any lot located within said property and the Ada County Highway District by virtue of their ownership in roads, right-of-ways, and easements, shall by virtue of such ownership, be a member of the Association. When more than one person holds such interest in any occupied lot, all such persons shall be members. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any such lot subject to assessment by the Association. Such ownership of any such lot or roadway, shall be the sole qualification for becoming a member, and shall automatically commence upon a person becoming such owner, and shall automatically terminate and lapse when such ownership in said property shall terminate or be transferred. The Association shall maintain a member list and may require written proof of any member's lot ownership interest. - As additional phases of HAVEN COVE SUBDIVISION are formed and brought to completion, the new phase will automatically be integrated through annexation into the Association, with all restrictions and privileges applied. The financial reports, books and records of the Association may be examined, at reasonable times, by any member or mortgagee. • 8 (37) Voting Rights: Each member shall be entitled to cast one vote or fractional vote as set forth herein for each lot in which he holds the interest required for membership. Only one vote shall be cast with respect to each lot. The vote applicable to any lot being sold under a contract of sale shall be exercised by the contract vendor unless the contract expressly provides otherwise and the Association has been notified, in writing, of such provision. Voting by proxy shall be permitted. (38) Officers and Directors: At an annual meeting called pursuant to notice as herein provided for establishment of annual assessments, a Board of Directors of the Association shall be elected by ballot of those attending said meeting and voting by proxy, provided that the total of all votes cast shall represent a quorum as hereinafter provided. There shall be three directors elected to serve for a period of three years. Election shall be by popular vote, the nominees receiving the three highest vote totals shall be deemed elected. Each member shall be entitled to vote for three nominees per membership. In the event any director shall be unable to complete the term for which elected, the remaining directors are empowered to appoint a substitute to serve out the unexpired term. (39) The Association shall operate, control and maintain any common areas. The Association shall have the right to dedicate or transfer all or any part of the common areas to any public entity, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such condition to transfer shall be effective unless authorized by members entitled to cast two-thirds (2/3) of. the majority of the votes at a special or general member's meeting nd an instrument signed by the Chairman and Secretary has been recorded in the appropriate county deed records, agreeing to such dedication or transfer, and unless written notice of proposed action is sent to every member not less than fifteen days (15) nor more than thirty (30) clays prior to such dedication or transfer; and the Association shall have the right to suspend any voting rights for any period during which any assessment against said member's property remains unpaid; and for a period not exceeding thirty (30) days for each infraction of its published rules and regulations. (40) Each owner of any Lot by ratification of these covenants or by acceptance of a deed or contract of purchase therefore, whether or not it shall be so expressed in any such deed or other conveyance or agreement for conveyance, is deemed to covenant and agree to pay to the Association (1) regular • 9 annual or other regular periodic assessments or charges. (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and cost of collection thereof, as hereinafter provided shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such property at the time such assessment was levied. The obligation shall remain a lien on the property until paid or foreclosed, but shall not be a personal obligation of successors in title unless expressly assumed. The assessments levied by the Association shall not be used for any purpose other than the improvement and maintenance of any area designated as a Common Area and/or the general operations of the Home Owners Association. Subject to the above provision, the Association Directors shall determine the use of assessment proceeds. In addition to the regular assessments authorized above, -the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement, provided the assent of a two-thirds (2/3) majority of the complete votes represented by those members who are voting in person or by proxy at the meeting duly called for this purpose is obtained, written notice of which shall be sent to all members not less than fifteen (15) days nor more than thirty (30) days in advance of the meeting setting forth the purpose of the meeting. Both regular assessments and any special assessments must be fixed at a uniform rate for all occupied lots and may be collected on an annual, quarterly, or monthly basis in the discretion of the Directors. (41) At the first meeting called, the presence at the meeting of members or of proxies to cast sixty percent (60%) of all votes of the members shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements. No subsequent meeting shall be held more than sixty (60) days following the date of the meeting at which no quorum was forthcoming. . • 10 • (42) FEES All lots shall be subject to an initial set up fee of $100. In addition the annual assessment as provided for herein is $20. The annual assessment is due on the first day of a new year, The Board of Directors shall fix the amount of the regular assessment at least thirty (30) days in advance of each assessment period. Written notice of the assessment dates shall be established by the Board of Directors. The Association shall, upon demand at any reasonable time, furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a particular lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. (43) Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent (18%) per annum. The Secretary of the said Association shall file in the office of the County Recorder, Ada County, Idaho, a lien reflecting the amount of any such charges or assessments, together with interest, as aforesaid, which have become delinquent with respect to any Lot•on said property, and upon payment in full thereof, shall execute and file a proper release of the lien releasing the same. The aggregate amount of such assessments, together with interest, costs and expenses and a reasonable attorney's fee for the filing and enforcement thereof, shall constitute a lien on the whole lot (including any improvement located thereon), with respect to which it is filed from the date* the lien is filed in the office of the said County Recorder for Ada County, Idaho, until the same has been paid or released as herein provided. Such lien may be enforced by said Association in the manner provided by law with respect to liens upon real property. The owner of said property at the time said assessment is levied shall be personally liable for the expenses, costs and disbursements, including attorney's fees of the Declarant or of the Association, as the case may be, of processing and if necessary, enforcing such liens, all of which expense, costs and disbursements and attorney's fees shall be secured by said lien, including all aforementioned expenses, costs, disbursements and fees on appeal, and such owner at the time such assessment is levied shall also be liable for any deficiency remaining unpaid after any foreclosure sale. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of Common Areas of abandonment of his lot. (44) The sale or transfer of any lot or any other part of said property shall not affect the assessment lien. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the liening thereof. 45) The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all properties expressly dedicated to and accepted by a local public authority; (b) any other properties owned by the Association (46) The Association shall prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair and other common expenses for the Association's next fiscal year and which shall be sufficient to pay all estimated expenses and outlays of the Association for the next calendar year growing out of or in connection with the maintenance and operation of common areas and improvements and may include, among other things, the cost of maintenance, management, special assessments, fire, casualty and public liability insurance, common lighting, landscaping, and care of grounds, repairs, renovations, and paintings to common areas, snow removal, wages, water charges, legal and accounting fees, management fees, expenses and liabilities incurred by the Association from a previous period, and the creation of any reasonable contingency or other reserve fund, as well as all costs and expenses relating to the Common Area and improvements. (47) The Association shall be responsible for the repairs, upkeep and maintenance, normal servicing, gardening, rules and regulations for use, care, and safety, annual planting of flowers (if any), payment of bills and related expenses for any Common Areas. The Directors shall become the Architectural Committee as provided in Paragraph 33 -upon the sale of the last lot in any future phases of Haven Cove Subdivision. (48) The Board of Directors are empowered to obtain appropriate liability, casualty,' fire or errors or omissions or other insurance to properly protect* the actions of the Association or facilities maintained, owned or controlled by the Association as a cost to the Association. (49) Invalidation of one of these Covenants shall in no way affect any of the other provisions which shall remain in full force and effect. 12 A. Leon Blaser, President Bruce W. Blaser, Secretary STATE OF IDAHO ) SS COUNTY OF ADA ) On this day of , 1966, before me, a notary public in and for said State, personally appeared A. Leon Blaser and Bruce W. Blaser, known to me to be the President and Secretary of Interwest Development, Inc., whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. Notary Public Residing at: Commission Expires: - 1. 0 • AMENDED TO INCLUDE HAVEN COVE NO. 6 ARTICLES OF INCORPORATION [In HAVEN COVE SUBDIVISION HOME OWNERS' ASSOCIATION, INC. In compliance with the requirements of the laws of Idaho relating to non-profit corporations and acts amendatory and supplemental thereto, including particularly Section 30- 301, Idaho Code, the undersigned natural persons, each of whom are of full age and residents of the United States, in order to form a non-profit corporation for the purposes hereinafter stated, do hereby as Incorporators, adopt the following Articles of Incorporation and certify: ARTICLE I: NAME The name of the Association is HAVEN COVE SUBDIVISION HOME OWNERS' ASSOCIATION, INC., hereinafter called the "Association". .ARTICLE II: PRINCIPAL OFFICE 83706. The principal office of the Association is located at 3350 Americana Terrace, Boise, Idaho ARTICLE III: PURPOSE AND POWERS OF THE ASSOCIATION The purpose of this Association shall be to own, provide for maintenance, preservation and control of the Common Areas as defined by the Restrictive Covenants of the Haven Cove Subdivisions to Ada County, Idaho, and any additions thereto as may hereafter be brought within the jurisdiction of this Association by annexation as provided in the Restrictive Covenants referred to below, and any areas to be maintained adjacent to the subdivisions along any street or road, and for this purpose to: a. exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Restrictive Covenants for Haven Cove Subdivisions, and any additional land within the area described in Deed Book pages _ and of theIand records of Ada County may be annexed by the Association without further consent to the members within five (5) years of the date of filing these Articles of Incorporation provided that Housing and Urban Development or Veterans Administration determine that the annexation is in accord with the general plan therefore approved by them. The Restrictive Covenants for Haven Cove Subdivisions hereinafter called the "Covenants" applicable to the property and recorded or to be recorded in the office of the County Recorder of Ada County, Idaho as Instrument No. , and as the same may be amended from time to time as therein provided, said Covenants being incorporated herein as if set forth at length; b. fix, levy, collect and enforce payment of any lawful means, all charges or assessments pursuant to the terms of the Covenants; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association, C. acquire (by gift, purchase or otherwise), own, sell, hold, improve, build upon, operate, maintain, convey, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; d. borrow money, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred, subject to those restrictions contained in the Covenants and any amendments thereto; e. dedicate, sell or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the owners, subject to those restrictions contained in the Covenants and any amendments thereto; ff, participate in mergers and consolidations with other non-profit corporations organized for the same purposes or annex additional residential property for the same purposes or annex additional residential property and Common Areas, subject to those restrictions contained in the Covenants and any amendments thereto; g. have and to exercise any and all powers, rights and privileges which a corporation organized under the Non -Profit Corporation Law of the State of Idaho by law now or hereafter have or exercise; and I. h. fix, levy, collect and enforce payment by any lawful means, all charges or assessments, annual or special, required to be made for the operation and maintenance of all common areas. r, ARTICLE IV: MEMBERSHIPS Every person or entity who is a record owner (including contract sellers) of a fee or undivided fee interest in any or unit with improvements thereon located within said property shall, by virtue of such ownership, be a member of the Association. When more than one person holds such interest in any or unit, all such persons shall be members. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an 4 9 obligation. Membership shall be appurtenant to and may not be separated from ownership of any such unit subject to assessment by the Association. Such ownership shall be the sole qualification for membership, and shall automatically terminate and lapse when such ownership in said property shall terminate or be transferred. The Association shall maintain a membership list and may require written proof of any member's unit ownership interest. Holders of non -possessory security interests shall not be entitled to vote that interest. Interest held by an administrator, personal representative, guardian, conservator, or trustee in bankruptcy may be voted by`him, either in person or by proxy, without a transfer of interest into his name. ARTICLE V: VOTING RIGHTS All owners defined in these Articles shall be members entitled to vote. Each owner shall be entitled to one vote for each unit or several units. Any owners which have fractional interest may divide their interest as their actual ownership interest appears, or multiple owners of one unit may designate one representative to cast the entire one whole vote for that unit. In no event shall more that one vote be cast with respect to any unit. Voting by proxy shall be permitted; provided, proxies shall not be valid for a period in excess of eleven (11) months from their date of execution, except the proxies to the Incorporators, those proxies shall not terminate until seventy- five percent (75%) of the units are sold by Interwest Development, Inc. or five (5) years passes from the date of incorporation, whichever comes first. The proxy of any member shall automatically terminate if the. grantor of the proxy ceases to be an owner of a unit. During the period in which Interwest Development, Inc. still owns more than ten percent (10%) of the lots, all members designate the Incorporators to these Articles as their irrevocable proxy holder. Each owner by purchasing a lot designates the Incorporators as their proxy holder to vote at all meetings and agrees as a condition of ownership to sign written proxies upon demand by the Incorporators. ARTICLE VI: BOARD OF DIRECTORS AND OFFICERS The affairs of the Association shall be managed by the Board of at least three (3) Directors, who need not be owners of the Association, at a meeting duly held pursuant to the By - Laws and at which a quorum is present or by proxy. A quorum shall consist of a majority of the Directors. The Board, by majority vote, may remove an officer of the Association. At the first regular meeting, the owners shall elect one director for a term of one year, one director for a term of two years and one director for a term of three years; and at each annual meeting thereafter the owners shall elect one director for a term of three years. Vacancies during the terms shall be filled by the remaining directors. • The officers of the Association shall be two, President and Secretary -Treasurer, elected by the owners. Each lot or dwelling may have no more than one officer elected from its owners. G� I ARTICLE VII: DISSOLUTION The Association maybe dissolved with the assent given in writing and assigned by not less than two-thirds (2/3) of the owners. Upon dissolution of the Association, other than indecent to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purposes. No part of the assets of such dissolution shall inure to the benefit of any owner. ARTICLE VIII: DURATION The Association shall.; exist perpetually. ARTICLE IX: INCORPORATION The names and post office addresses of each of the Incorporators: Name Address Bruce W. Blaser 3350 Americana Terrace, Boise, ID 83706 A. Leon Blaser 3350 Americana Terrace, Boise, ID 83706 ARTICLE X: INITIAL REGISTERED AGENT A. LEON BLASER, whose address is 3350 Americana Terrace, Boise, Idaho 83706 is hereby appointed the initial registered agent of this corporation. ARTICLE XI: AMENDMENTS A vote of two-thirds (2/3) of the owners shall be necessary to amend any Articles or By - Laws of this Association. 4 tin J ARTICLE XII: LIMITATIONS ON CHANGES Any annexation of additional properties, merges and consolidations, mortgaging of Common Areas, dissolution and amendment of the Articles or By -Laws, requires prior approval of Housing and Urban Development or the Veterans Administration as long as Interwest Development, Inc. owns more than twenty-five percent (25%) interest in the Association. IN WITNESS WHEREOF, these Articles of Incorporation have been executed in Boise, Idaho, this day of , 1996. A. Leon Blaser Bruce W. Blaser STATE OF IDAHO ) ss. County of Ada ) On this day of , 1996, before me, , a Notary Public in and for said state, personally appeared A. Leon Blaser, and Bruce W. Blaser, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise My commission expires: 5 ATTACHMENT A 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 Revised February 13, 1996 DESCRIPTION FOR HAVEN COVE NO.6 SUBDIVISION A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER SECTION 11 T.3N., RAW., B.M. ADA COUNTY, IDAHO A parcel of land being a portion of the West Half of the Southeast Quarter of the Northwest Quarter, Section 11, T.3N., R IW., B.M., Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of the Northwest Quarter of Section 11, T.3N., R 1 W., B.M., Ada County, Idaho; thence along the Southerly boundary of said Northwest Quarter of Section 11, which is also the centerline of West Pine Street South 89010'57" East 1983.96 feet to an iron pin marking the Southeast corner of the -West Half of the Southeast Quarter of the Northwest Quarter, thence leaving said Southerly boundary and centerline and along the Easterly boundary of the said West Half of the Southeast Quarter of the Northwest Quarter North 00033'12" East 1068.79 feet to an iron pin, said iron pin being the REAL POINT OF BEGINNING; thence continuing along said Easterly boundary North 000331121, East 250.01 feet to an iron pin marking the Northeast corner of the said West Half of the Southeast Quarter of the Northwest Quarter of Section 11 which is also the Southerly boundary of Haven Cove No. 4 Subdivision as filed for record in the office of the Ada county Recorder, Boise, Idaho in Book 69 of Plats at Pages 7061, 7062 and 7063; thence leaving said Easterly boundary and along said Southerly boundary of Haven Cove No. 4 Subdivision North 88054'42" West 230.58 feet (formerly North 89020'00" West) to a point; thence leaving said Southerly boundary South 01005'18" West 100.00 feet to a point; thence South 10°12'43" West 50.64 feet to a point; thence South 00033'12" West 100.01 feet to a point; thence South 88054'42" East 240.01 feet to the point of beginning, comprising 1.35 acres, more or less. SUBJECT TO: land. All existing easements and road rights-of-way of record or appearing on the above-described parcel of Prepared by: Pacific Land Surveyors DGP/smg Don G. Payne, R.L.S. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation 08 April 1996 • 0 RFr`I�1vFD Mr. Keith L. Jacobs Jr., P.E. Pacifica Land Surveyors 290 N.!Maple Grove Road Boise,+ID 83704 RE: HAVEN COVE NO. '6 Dear Keith: CITY OF IMERIDIAP 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Na�6pa and Meridian Irrigation District has reviewed the construction plans for the above mentioned project. The plans indicate that the majority of the storm water run-off will be discharged through a sand and grease trap to the Nampa and Meridian Irriga'ion District's Ninemile Drain. The outlet pipe from the sand a d grease trap will need to be sized with an orifice which will restrict the discharge flows to the predeveloped flow amounts that a�e based on the twenty-five year storm event as per NMID requirements. We also; require a License Agreement for any discharge back into the District's facility. Can you please contact our attorney, Mr. Dan Steenson at 342-4591, iand request him to prepare a License Agreement for discharge back into the District's Ninemile Drain. Once Mr. Steenson has received the signed License Agreement he will submit it to me to go in front of the Board of Directors at the next i available board meeting for their consideration. Once the Board has approved this, and once we have seen revised plans which indicate this orifice is the correct size to meet our requirements, construction can commence. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 08 April 1996 Mr. Keith L. Jacobs Jr., P.E. Page 2 of 2 If you feel further discussion is required regarding this matter, please feel free to contact me. Sincerely, ohn P. Anderson, Water Superintendent NAMPA AND MERIDIAN IRRIGATION DISTRICT JPA/adh pc: Each Director Secretary/Treasurer Asst. Water Superintendent Rider 4 John Sharp Dan Steenson City of Meridian File i i Meridian City Council February 20, 1996 Page 9 remember where that is right now. Corrie: Counselor? Crookston: I am afraid it is a common disease. I did not look into it so I cannot inform the Council as to what the status of that is right now. Morrow: Mr. Mayor, I would move that we table until our March 5 meeting the development agreement for Salmon Rapids No. 3 Subdivision with the stipulation that the staff have that ready for presentation at that meeting. Rountree: Second Corrie: Motion is made by Mr. Morrow and second by Mr. Rountree that this is tabled to March 5, the development agreement for Salmon Rapids Subdivision No. 3 and be ready for staff comments at that time, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED FEBRUARY 6,1996: FINAL PLAT FOR HAVEN COVE SUBDIVISION NO. 6 BY JOHN EDDY: Tolsma: (Inaudible) Crookston: I have reviewed those and there are some changes that I believe need to be made with the covenants and with the articles of incorporation for the homeowners association corporation. Morrow: Question Mr. Mayor, are those technical in nature. My question being is that can we approve those CC&R's this evening subject to your review? Crookston: I believe that you can, they are just some changes that need to be made they are not what I would call substantial changes. There are some things in there that need to be done. I think the Council could approve it subject to my approval. Morrow: Point .of discussion that would be my preference Mr. Mayor, there is no point in holding up this for Council action. Corrie: I agree. Morrow: Mr. Mayor, I would move that we approve the covenants -and restrictions for Meridian City Council February 20, 1996 Page 10 Haven Cove No. 6 by John Eddy subject to City Attorney Crookston's negotiating the changes necessary. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that we approve the restrictive covenants subject to the review of the attorney and with the changes, all those in favor say aye, excuse me any discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea Rountree: Do we need action on the final plat? Mr. Mayor I move we approve the final plat for Haven Cove subdivision No. 6 by John Eddy. Morrow: Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that we approve the final plat for Have Cove No. 6 subdivision by John Eddy any discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #5: ORDINANCE #724 - BILL HOWELL ANNEXATION: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE SW 1/4 OF SECTION 17, T.3N, R.1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have this ordinance read in its entirety? Hearing none I shall ask for a motion. Tolsma: Mr. Mayor, I move we approve Ordinance #724 with suspension of the rules. Rountree: Second Corrie: Motion made by Mr. Tolsma, second by Mr. Rountree that we accept ordinance #724 with suspension of the rules, any discussion? Roll call vote Bentley: Mr. Mayor, I want to speak out against this ordinance. I do not feel that this, that has been addressed the safety issues concerning the increased truck traffic on this issue. I do not believe that this particular project belongs at this site. That is all I have. MERIDIAN CITY COUNCIL MEETING: FEBRUARY 20.1996 APPLICANT: JOHN EDDY ITEM NUMBER; 4 REQUEST;_ TABLED: FEBRUARY 6.1996: FINAL PLAT FOR HAVEN COVE NO.6 SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS v ft All Materials presented at public meetings shall become property of the City of Meridian. 0 • HAVEN COVE NO. 6 SUBDIVISION RESTRICTIVE COVENANTS The undersigned, being the owners of the property hereinafter described, do hereby adopt the following .protective covenants in their entirety to 'apply to real property to be subdivided and contained in a subdivision as described in Attachment A. The said HAVEN COVE NO. 6 SUBDIVISION is divided into single family residential lots in compliance with the local and state regulations and laws. The following covenants shall run with the land and be in force and effect as outlined below unless or until terminated by agreement of the owners of seventy-five percent (75%) of the land in the subdivision and after all lots therein have been sold by Interwest Development, Inc., hereinafter called "Developer". Modification or termination of these covenants can only be made with the consent of the Developer while any lots in this subdivision remain in the ownership of the Developer, and are as follows: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefore, including exterior color scheme, has been approved in writing by the Architectural Committee. The approval of the Committee shall not be unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. (2) Variances in building setback requirements shown on plat may be given by the Architectural Committee upon proper showings and so long as the Meridian city ordinances on setbacks are met. (3) The ground floor area of any one-story house in this subdivision shall not be less than 1400 square feet excluding covered porch areas, breezeways, garages or patios. Two-story and tri -level homes shall have not less than 1400 square feet, exclusive of the covered porches, entrances, garages or patios. One -level homes with basements shall have a minimum of 2400 square feet with the ground level having a minimum of 1200 square feet, also excluding covered porch areas, breezeways, garages or patios. I I.b 0 2 • (4) The value of each constructed residence shall equal or exceed $90,000 based on Jan, 1994 values. (5) The design of each house in this subdivision shall endeavor to include aesthetic qualities such as brick, redwood, cedar, stucco, or stone facings on the front exposure, bay windows, roofs of at least 4 in 12 pitch, broken roof lines, gables, hip roofs, etc. Exterior colors of earth tones or grays shall be encouraged. Bright or bold colors, or very dark colors shall be discouraged. (6) No gravel roofs, split entry homes, or moving of pre -built w homes into subdivision shall be allowed. (7) All lots shall be provided with a driveway containing a minimum square footage such that two off-street automobile parking spaces are provided within the boundaries of each lot. (8) All such parking area requirements shall be exclusive of a required attached and enclosed two car garage area which will hold no less than two cars and no more than three. (9) For the purpose of the covenants, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No building shall be in excess of two stories above natural ground level. (10) Fences shall not extend closer to any street than twenty feet (20 nor higher than six (6) feet without express approval of the Architectural Committee and the Meridian City Council, and shall be of good quality and workmanship and shall be properly finished and maintained. T`�e location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, noxious or nuisance use exists. (11) No Duplex or multi -family building shall be located within the boundaries of this subdivision. (12) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof and be completed within eight (8) months. , Q� E 3 (13) Landscaping of front yard is to be within 30 days of substantial completion of home, or within 30 days of occupancy, to include but not be limited to sod in front yard, one flowering tree of at lease 1 1/2" caliper, three (3) five gallon plants and five (1) one gallon shrubs. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Grass will be planted in the back yard within one year of occupancy. (14) Each home is to have a Photo -Sensitive yard or house light installed such that the front yard area between the house and the front property line is illuminated. The light is to' be designed to automatically switch on at sunset and off at sunrise with a minimum bulb power of 60 watts and wired to meet City of Meridian Ordinances. (15) No building shall be moved onto the premises. (16) No shack, tent, trailer house, or basement only, shall be used within the subdivision for living quarters, permanent or temporary. (17) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than four (4) inches. (18) Keeping or raising of farm animals or poultry shall be prohibited. A maximum of 2 dogs and/or 2 cats or other household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others and comply with Meridian City code. Any other requests by lot purchasers must be approved by the Architectural Committee. Dogs shall not be allowed to run at large. (19) No business shall be conducted on the above property unless legally permitted under the existing and prevailing Meridian City zone restrictions. If permitted, no business or commercial use shall be allowed that cannot be conducted within the residence of the owner. No signs shall be installed to.advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. 0 4 0 (20) Only one (1) outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property and must be approved by the Architectural Committee. (21) No building or structure shall be placed on said property so as to obstruct the windows or light of any adjoining property owner in said subdivision. (22) Additional easements: In addition to any easements shown on the recorded plat, an additional` (5) foot easement may be reserved five (5) feet on any side of all other easement lines, if necessary, for the installation and maintenance of. utilities, irrigation and drainage. (a) Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, or which may change the direction or flow of water through drainage channels in the easements. (b) 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 is responsible. (23) This subdivision is within the Nampa -Meridian Irrigation District, each lot will have access to pressurized irrigation and will be subject to any and all assessments of said district. Said pressurized irrigation system shall be maintained by the Nampa - Meridian Irrigation District. (24) All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines. (25) No sign of any kind shall be displayed to public view on any building or building site on said property except a professional sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during construction and sales period. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the Declarant or its agent may post a "sold" sign for a reasonable period following the sale. • 5 0 (26) No lot or building site included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc. shall be maintained in a sanitary and clean condition. (27) Parking of recreational vehicles, boats, trailers, motorcycles, trucks, truck -campers and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or other approved enclosure, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property or on public ways adjacent thereto shall be prohibited except within garages, carports, or other approved areas. The Architectural Committee shall be the sole and exclusive judges of approved areas. Their decision is final and binding. (28) No machinery, building equipment or material shall be stored upon site until the Grantee is ready and able to commence the construction with respect to such building materials which then shall be placed within the property line of such building site upon which the structure is to be erected. (29) Installation of radio and/or television antennae or satellite dishes is prohibited outside any building without written consent from the Architectural Committee, which would require them to be screened from street view. (30) These covenants shall run with the land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of this recording thereof, after which time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument, an instrument signed by the owners of seventy-five percent (75%) of the land of this subdivision has been recorded agreeing to change or terminate said covenants in whole or part and after all lots therein have been sold by the Developer. Modification or termination of ~_hese covenants can only be made with the consent of the Developer so long as any lots in this subdivision remain in Developer's ownership. 0 6 (31) Enforcement against any person or persons violating or attempting to violate any covenant herein after ten (10) days notice thereof in writing served on the offending party, shall be had by any property owners within said subdivision either at law or equity. In the event of judgement against any person for such the Court may award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees and Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitable. (32) Any Owner, or the owner of any recorded mortgage upon any part of said property, shall have. the right to enforce, by proceeding at law or in equity, all,'restrictions, conditions, covenants, reservations, liens, and charges now hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. (33) A committee of three persons shall act as an architectural design committee and shall, prior to any new construction in said subdivision, be furnished with 'one set of detailed plans and specifications of any proposed building to be located in said subdivision and shall be allowed ten (10) days to review said plans, drawings, and specifications. If said committee shall approve of the proposed building, or modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by a member of the committee, and their approval shall be construed as full compliance with the provisions of Paragraph One (1) of the original covenants. Said committee shall have sole discretion to determine what shall be substantial compliance without prior consent of said committee. The committee shall consist of the following: A Leon Blaser 3875 Twilight Dr. Boise, Id 83703 Bruce Blaser 4378 Kitsap Dr. Boise, Id 83703 Glen F. Blaser 3450 Stone Creek Rd. Boise, Id 83703 After the developer has sold all the lots in this subdivision, the Architectural Review Committee shall be turned over -to the residents of the subdivision and not before. Amending these covenants shall not affect this provision. A majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of whom serve without compensation. ! 7 i (34) Damage to Improvements: It shall be the responsibility of the builder of any residence in this subdivision to leave street, curbs, sidewalks, fences, and tiled irrigation lines -.f any, and utility facilities free of damage and in good and sound condition at the conclusion of the construction period. Fine grading on each individual lot shall be required to conform to the master drainage plan of the subdivision. It shall be conclusively presumed that all such improvements are in good, sound condition at the time building is begun on each lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, with notice addressed to a member of the Architectural Committee. (35) Invalidation of one of these covenants shall in no way affect any of the other provisions which shall remain in full force and effect. HOME OWNERS ASSOCIATION (36) Membership: Every person or entity who is a record owner (including contract sellers) of a fee or undivided fee interest in any lot located within said property and the Ada County Highway District by virtue of their ownership in roads, right-of-ways, and easements, shall by virtue of such ownership, be a member of the Association. When more than one person holds such interest in any occupied lot, all such persons shall be members. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any such lot subject to assessment by the Association. Such ownership of any such lot or roadway, shall be the sole qualification for becoming a member, and shall automatically commence upon a person becoming such owner, and shall automatically terminate and lapse when such ownership in said property shall terminate or be transferred. The Association shall maintain a member list and may require written proof of any member's lot ownership interest. As additional phases of HAVEN COVE SUBDMSION are formed and brought to completion, the new phase will automatically be integrated through annexation into the Association, with all restrictions and privileges applied. The financial reports, books and records of the Association may be examined, at reasonable times, by any member or mortgagee. 0 8 (37) Voting Rights: Each member shall be entitled to cast one vote or fractional vote as set forth herein for each lcat. in which he holds the interest required for membership. Only one vote shall be cast with respect to each lot. The vote applicable to any lot being sold under a contract of sale shall be exercised by the contract vendor unless the contract expressly provides otherwise and the Association has been notified, in writing, of such provision. Voting by proxy shall be permitted. (38) Officers and Directors: At an annual meeting called pursuant to notice as herein provided for establishment of annual assessments, a Board of Directors of the Association shall be elected by ballot of those attending said meeting and voting by proxy, provided that the total of all votes cast shall represent a quorum as hereinafter provided. There shall be three directors elected to serve for a period of three years. Election shall be by popular vote, the nominees receiving the three highest vote totals shall be deemed elected. Each member shall be entitled to vote for three nominees per membership. ° In the event any director shall be unable to complete the term for which elected, the remaining directors are empowered to appoint a substitute to serve out the unexpired term. (39) The Association shall operate, control and maintain any common areas. The Association shall have the right to dedicate or transfer all or any part of the common areas to any public entity, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such condition to transfer shall be effective unless authorized by members entitled to cast two-thirds (2/3) of the majority of the votes at a special or general member's meeting and an instrument signed 'by the Chairman and Secretary has been recorded in the appropriate county deed records, agreeing to such dedication or -transfer, and unless written notice of proposed action is sent to every member not less than fifteen days (15) nor more than thirty (30) nays prior to such dedication or transfer; and the Association: shall have the right to suspend any voting rights for any period during which any assessment against said member's property remains unpaid; and for a period not exceeding thirty (30) days for each infraction of its published rules and regulations. (40) Each owner of any Lot by ratification of these covenants or by acceptance of a deed or contract of purchase therefore, whether or not it shall be so expressed in any such deed or other conveyance or agreement for conveyance, is deemed to covenant and agree to pay to the Association (1) regular i 9 s annual or other regular periodic assessments or charges. (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and cost of collection thereof, as hereinafter provided shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such property at the time such assessment was levied. The obligation.' shall remain a lien on the property until paid or foreclosed, but shall not be a personal obligation of successors in title unless expressly assumed. The assessments levied by the Association shall not be used for any purpose other than the improvement and maintenance of any area designated as a Common Area and/or the general operations of the Home Owners Association. Subject to the above provision, the Association Directors shall determine the use of assessment proceeds. In addition to the regular assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement, provided the assent of a two-thirds (2/3) majority of the complete votes represented by those members who are voting in person or by proxy at the meeting duly called for this purpose is obtained, written notice of which shall be sent to all members not less than. fifteen (15) days nor more than thirty (30) days in advance of the meeting setting forth the purpose of the meeting. Both regular assessments and any special assessments must be fixed at a uniform rate for all occupied lots and may be collected on an annual, quarterly, or monthly basis in the discretion of the Directors. (41) At the first meeting called,, the presence at the meeting or members or of proxies to cast sixty percent (60%)'of all votes of the members shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements. No subsequent meeting shall be held more than sixty (60) days following the date of the meeting at which no quorum was forthcoming. 10 • (42) FEES All lots shall be subject to an initial set up fee of $100. In addition the annual assessment as provided for herein is $20. The annual assessment is due on the first day of a new year. The Board of Directors shall -fix the amount of the regular assessment at least thirty (30) days in advance of each assessment period. Written notice of the assessment dates shall be established by the Board of Directors. The Association shall, upon demand at any reasonable time, furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a particular lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment'.of any assessment therein stated to have been paid. (43) Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent (18%) per annum. The Secretary of the said Association shall file in the office of the County Recorder, Ada County, Idaho, a lien reflecting the amount of any such charges or assessments, together with interest, as aforesaid, which have become delinquent with respect to any Lot on said property, and upon payment in full thereof, shall execute and file a proper release of the lien releasing the same. The aggregate amount of such assessments, together with interest, costs and expenses and a reasonable attorney's fee for the filing and enforcement thereof, shall constitute a lien on the whole lot (including any improvement located thereon), with respect to which it is filed from the date the lien is filed in the office of the said County Recorder for Ada Cour}ty, Idaho, until the same has been paid or released as herein provided. Such lien may be enforced by said Association in the manner provided by law with respect to liens upon real property. The owner of said property at the time said assessment is levied shall be personally liable for the expenses, costs and disbursements, including attorney's fees of the Declarant or of the Association, as the case may be, of processing and if necessary, enforcing such liens, all of which expense, costs and disbursements and attorney's fees shall be secured by said lien, including all aforementioned expenses, costs, disbursements and fees on appeal, and such owner at the time such assessment is levied shall also be liable for any deficiency remaining unpaid after any foreclosure sale. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of Common Areas of abandonment of his lot. (44) The sale or transfer of any lot or any other part of said property shall not affect the assessment lien. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the liening thereof. 3 45) The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all properties expressly dedicated to and accepted by a local public authority; (b) any other properties owned by the Association. (46) The Association shall prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair and other common expenses for the Association's next fiscal year and which shall be sufficient to pay all estimated expenses and outlays of the Association for the- next calendar year growing out of or in connection with the maintenance and operation of common areas and improvements and may include, among other things, the cost of maintenance, management, special assessments, fire, casualty and public liability insurance, common lighting, landscaping, and care of grounds, repairs, renovations, and paintings to common areas, snow removal, wages, water charges, legal and accounting fees, management fees, expenses and liabilities incurred by the Association from a previous period, and the creation of any reasonable contingency or other reserve fund, as well as all costs and expenses relating to the Common Area and improvements. (47) The Association sha11 be responsible for the repairs, upkeep and maintenance, normal servicing, gardening, rules and regulations for use, care, and safety, annual planting of flowers (if any), payment of bills and related expenses for any Common Areas. The Directors shall become the Architectural Committee as provided in Paragraph 33 upon the sale of the last lot in any future phases of Haven Cove Subdivision. (48) The Board of Directors are empowered to obtain appropriate liability, casualty, fire or errors or omissions or other insurance to properly protect the actions of the Association or facilities maintained, owned or controlled by the Association as a cost to the Association. (49) Invalidation of one of these Covenants shall in no way affect any of the other provisions which shall remain in full force and effect. 12 • A. Leon Blaser, President Bruce W. Blaser, Secretary STATE OF IDAHO SS COUNTY OF ADA ) On this day of 1966, before me, a notary public in and for said State, personally appeared A. Leon Blaser and Bruce W. Blaser, known to me to be the President and Secretary of Interwest Development, Inc., whose names ,are subscribed to the foregoing instrument, and acknowledged to rnF that they executed the same. Notary Public Residing at: Commission Expires: AMENDED TO INCLUDE HAVEN COVE NO. 6 ARTICLES OF INCORPORATION OF HAVEN COVE SUBDIVISION HOME OWNERS' ASSOCIATION, INC. In compliance with the requirements of the laws of Idaho relating to non-profit corporations and acts amendatory and supplemental thereto, including particularly Section 30- 301, Idaho Code, the undersigned natural persons, each of whom are of full age and residents of the United States, in order to form a non-profit corporation for the purposes hereinafter stated, do hereby as Incorporators, adopt the following Articles of Incorporation and certify: ARTICLE I: NAME The name of the Association is HAVEN COVE SUBDIVISION HOME OWNERS' ASSOCIATION, INC., hereinafter called the "Association". 83706. ARTICLE H: PRINCIPAL OFFICE The principal office of the Association is located at 3350 Americana Terrace, Boise, Idaho ARTICLE III: PURPOSE AND POWERS OF THE ASSOCIATION The purpose of this Association shall be to own, provide for maintenance, preservation and control of the Common Areas as defined by the Restrictive Covenants of the Haven Cove Subdivisions to Ada County, Idaho, and any additions thereto as may hereafter ire brought within the jurisdiction of this Association by annexation as provided in the Restrictive �;ovenants referred to below, and any areas to be maintained adjacent to the subdivisions along any street or road, and for this purpose to: a. exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Restrictive Covenants for Haven Cove Subdivisions, and any additional land within the area described in Deed Book pages _ and of the land records of Ada County may be annexed by the Association without further consent to the members within five (5) years of the date of filing these Articles of Incorporation provided that Housing and Urban Development or Veterans Administration determine that the annexation is in accord with the general plan therefore approved by them. The Restrictive Covenants for Haven Cove Subdivisions hereinafter called the "Covenants" applicable 0 0 to the property and recorded or to be recorded in the office of the County Recorder, of Ada County, Idaho as Instrument No. , and as the same may be amended from time to time as therein provided, said Covenants being incorporated herein as if set forth at length; b. fix, levy, collect and enforce payment of any lawful means, all charges or assessments pursuant to the terms of the Covenants; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association; C. acquire (by gift, purchase or otherwise), own, sell, hold, improve, build upon, operate, maintain, convey, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; d. borrow money, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred, subject to those restrictions contained in the Covenants and any amendments thereto; e. dedicate, sell or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the owners, subject to those restrictions contained in the Covenants and any amendments thereto; f. participate in mergers and consolidations with other non-profit corporations organized for the same purposes or annex additional residential property for the same purposes or annex additional residential property and Common Areas, subject to those restrictions contained in the Covenants and any amendments thereto; g, have and to exercise any and all powers, rights and privileges which a corporation organized under the Non -Profit Corporation Law of the State of Idaho by law now or hereafter have or exercise; and h. fix, levy, collect and enforce payment by any lawful means, all charges or assessments, annual or special, required to be made for the operation and maintenance of all common areas. ARTICLE IV: MEMBERSHIPS Every person or entity who is a record owner (including contract sellers) of a fee or undivided fee interest in any or unit with improvements thereon located within said property shall, by virtue of such ownership, be a member of the Association. When more than one person holds such interest in any or unit, all such persons shall be members. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an 0 obligation. Membership shall be appurtenant to and may not be separated from ownership of any such unit subject to assessment by the Association. Such ownership shall be the sole qualification for membership, and shall automatically terminate and lapse when such ownership in said property shall terminate or be transferred. The Association shall maintain a membership list and may require written proof of any member's unit ownership interest. Holders of non -possessory security interests shall not be entitled to vote that interest. Interest held by an administrator, personal representative, guardian, conservator, or trustee in bankruptcy may be voted by him, either in person or by proxy, without a transfer of interest into his name. ARTICLE V: VOTING RIGHTS All owners defined in these Articles shall be members entitled to vote. Each owner shall be entitled to one vote for each unit or several units. Any owners which have fractional interest may divide their interest as their actual ownership interest appears, or multiple owners of one unit may designate one representative to cast the entire one whole vote for that unit. In no event shall , more that one vote be cast with respect to any unit. Voting by proxy shall be permitted; provided, proxies shall not be valid for a period in excess of eleven (11) months from their date of execution, except the proxies to.the Incorporators, those proxies shall not terminate until seventy- five percent (75%) of the units are sold by Interwest Development, Inc. or five (5) years passes from the date of incorporation, whichever comes first. The proxy of any member shall automatically terminate if the. grantor of the proxy ceases to be an owner of a unit. During the period in which Interwest Development, Inc. still owns more than ten percent (10%) of the lots, all members designate the Incorporators to these Articles as their irrevocable proxy holder. Each owner by purchasing a lot designates the Incorporators as their proxy holder to vote at all meetings and agrees as a condition of ownership to sign written proxies upon demand by the Incorporators. ARTICLE VI: BOARD OF DIRECTORS AND OFFICERS The affairs of the Association shall be managed by the Board of at least three (3) Directors, who need not be owners of the Association, at a meeting duly field pursuant to the By - Laws and at which a quorum is present or by proxy. A quorum shall consist of a maiority of the Directors. The Board, by majority vote, may remove an officer of the Association, At the first regular meeting, the owners shall elect one director for a term of one year, one director for a term of two years and one director for a term of three years; and at each annual meeting thereafter the owners shall elect one director for a term of three years. Vacancies during the terms shall be filled by the remaining directors. The officers of the Association shall be two, President and Secretary -Treasurer, elected by the owners. Each lot or dwelling may have no more than one officer elected from iis, owners. 11 ARTICLE VII: DISSOLUTION The Association may, be dissolved with the assent given in writing and assigned by not less than two-thirds (2/3) of the owners. Upon dissolution of the Association, other than indecent to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purposes. No part of the assets of such dissolution shall inure to the benefit of any owner. ARTICLE VIII: DURATION The Association shall., exist perpetually. ARTICLE IX: INCORPORATION The names and post office addresses of each of the Incorporators: Name Address Bruce W. Blaser 3350 Americana Terrace, Boise, ID 83706 A. Leon Blaser 3350 Americana Terrace, Boise, ID 83706 ARTICLE X: INITIAL REGISTERED AGENT A. LEON BLASER, whose address is 3350 Americana Terrace, Boise, Idaho 83706 is hereby appointed the initial registered agent of this corporation. ARTICLE XI: AMENDMENTS A vote of two-thirds (2/3) of the owners shall be necessary to amend any Articles or By - Laws of this Association. 4 • ARTICLE XII: LIMITATIONS ON CHANGES Any annexation of additional properties, merges and consolidations, mortgaging of Common Areas, dissolution and amendment of the Articles or By -Laws, requires prior approval of Housing and Urban Development or the Veterans Administration as long as Interwest Development, Inc. owns more than twenty-five percent (25%) interest in the Association. IN WITNESS WHEREOF, these Articles of Incorporation have been executed in Boise, Idaho, this day of , 1996. A. Leon Blaser Bruce W. Blaser STATE OF IDAHO ) ss. County of Ada ) On this day of , 1996, before me, , a Notary Public in and for said state, personally appeared A. Leon Blaser, and Bruce W. Blaser, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise My commission expires: 5 • ATTACHMENT A 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 Revised February 13, 1996 DESCRIPTION FOR HAVEN COVE NO. 6 SUBDIVISION A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER SECTION 11 T.3N., RAW., B.M. ADA COUNTY, IDAHO A parcel of land being a portion of the West Half of the Southeast Quarter of the Northwest Quarter, Section 11, T.3N., R.1 W., B.M., Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of the Northwest Quarter of Section 11, T.3N., R. IW., B.M., Ada County, Idaho; thence along the Southerly boundary of said Northwest Quarter of Section 11, which is also the centerline of West Pine Street South 89010'57" East 1983.96 feet to an iron pin marking the Southeast corner of the West Half of the Southeast Quarter of the Northwest Quarter; thence leaving said Southerly boundary and centerline and along the Easterly boundary of the said West Half of the Southeast Quarter of the Northwest Quarter North 00'33'12" East 1068.79 feet to an iron pin, said iron pin being the REAL POINT OF BEGINNING; thence continuing along said Easterly boundary North 00'33'12" East 250.01 feet to an iron pin marking the Northeast corner of the said West Half of the Southeast Quarter of the Northwest Quarter of Section 11 which is also the Southerly boundary of Haven Cove No. 4 Subdivision as filed for record in the office of the Ada county Recorder, Boise, Idaho in Book 69 of Plats at Pages 7061, 7062 and 7063; thence leaving said Easterly boundary and along said Southerly boundary of Haven Cove No. 4 Subdivision North 88°54'42" West 230.58 feet (formerly North 89°20'00" West) to a point; thence leaving said Southerly boundary South 01'05'18" West 100.00 feet to a point; thence South 100 12'43" West 50.64 feet to a point; thence South 00'33'12" West 100.01 feet to a point; thence South 88°54'42" East 240.01 feet to the point of beginning, comprising 1.35 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. DGP/smg Prepared by: Pacific Land Surveyors Don G. Payne, R.L.S. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation Meridian City Council February 6, 1996 Page 30 Corrie: (Inaudible) it is my understanding from the counselor would require another public hearing which would be on the 27th of February for the proposed changes which is the credits and at that time we can approve the ordinance and 30 days from there it will become effective. Morrow. The 27th of February? Corrie: That is as soon as we can do it. Crookston: It becomes effective 30 days after the 27th. Corrie: After it is passed, it will be published quite a few times. Crookston: It will be published before the 30 days runs it will have been published. Morrow: So my question is what meeting are we going to hear this? (Inaudible) Morrow: So we will have a public hearing prior to our special workshop. Corrie: Yes, it would be on the 27th, a public hearing. Morrow: And that is the soonest we can hold the meeting? Corrie: Yes, okay so we will have a public hearing do we need a motion on that? Morrow. So moved Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree a public hearing for the 27th to the proposed changes to the impact fee, do we need a time, 6:00, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #14: FINAL PLAT: HAVEN COVE SUBDIVISION NO. 6, 5 LOTS BY JOHN EDDY: Corrie: Council? Staff, any questions? Meridian City Council February 6, 1996 Page 31 Smith: Mr. Mayor, Council members, our comments have been responded to by the applicants engineer and they have answered the City Engineer's comments. Corrie: Thank you Mr. Smith. Morrow. Shari your comments, are you comfortable? Stiles: Councilman Morrow and Mayor and Council yes I am. Morrow. My question would be this is a final plat, restrictive covenants status? Rountree: The application says they are forthcoming. Corrie: We can approve but it cannot be signed. Smith: Mr. Mayor and Council members, we had commented on the requirement for them to submit the restrictive covenants and their response was that a copy of the proposed covenants will be submitted to the City Clerk's office for review. You are correct, the ordinance does require the Council to approve of the covenants. Corrie: I guess the Council has the decision of whether or not they want to do it. (Inaudible) CC&R's and do it at the next meeting. (Inaudible) Morrow: I don't disagree with that, we will have those in the two week period so that we can adopt everything. I don't have any problem at all with this proposal. So, the covenants can be here, fine, I would move that we table this until our February 20th meeting and at that time we would act on both the final plat and the covenants. Rountree: Second Corrie: Mr. Eddy? Eddy: The restrictive covenants will be the same as Have Cove No. 4 and No. 5. Corrie: Any discussion made on the motion? We had a motion made by Mr. Morrow and seconded by Mr. Rountree any further discussion? All those in favor of the motion say aye? Opposed? MOTION CARRIED: All Yea 0 • MERIDIAN CITY COUNCIL MEETING: FEBRUARY 6 1996 APPLICANT: JOHN EDDY ITEM NUMBER; 14 REQUEST; FINAL PLAT: HAVEN COVE SUBDIVISION NO 6 5 LOTS 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: SEE ATTACHED COMMENTS �/ CENTRAL DISTRICT HEALTH: I SEE ATTACHED COMMENTS) n NAMPA MERIDIAN IRRIGATION; 0 SETTLERS IRRIGATION: POWER: IDAHO X US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer Re: HAVEN COVE NO. 6 (Final Plat - By John T. & Betty M. Eddy) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS 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 development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions to the Meridian City Clerk's Office for review. 5. 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. 6. Prior to the hearing, please address in writing each of the comment within this memorandum, both "General" and "Site Specific", to the City Engineer's office. CAWPW1N60\GENERAL\ iAVEN6.0-C OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIANGLENN RONALD R. TOLSMA CHARLES EE BRUCE D. STUART, Water Works Supt. R. BENTLEY JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 TIM HEPPER W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor MEMORANDUM: February 1, 1996 To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer Re: HAVEN COVE NO. 6 (Final Plat - By John T. & Betty M. Eddy) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS 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 development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions to the Meridian City Clerk's Office for review. 5. 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. 6. Prior to the hearing, please address in writing each of the comment within this memorandum, both "General" and "Site Specific", to the City Engineer's office. CAWPW1N60\GENERAL\ iAVEN6.0-C • Mayor and Council February 1, 1996 Page 2 SITE SPECIFIC COMMENTS This Plat generally conforms to the previously approved Preliminary Plat map. 2. Please submit a copy of the Ada County Street Name Committee's approval letter for the Subdivision and street names. Make any corrections necessary to conform. Revise the Lot and Block numbering per requirements of the Ada County Street Name Committee and/or Ada County Surveyor. 4. Verify that the Net Square Footage of all Lots meets or exceeds the minimum allowed in an R4 Zone. The Net Square Footage shall be determined exclusive of streets, highways, alleys, roads, right-of-ways, irrigation easements and land which is used for the conveyance of irrigation water, drainage water, creek or river flows. (Ord. 592, 11/17/92) Complete the notation for the Corner Perpetuation & Filing for the northwest corner of Section 11 by inserting the record instrument number on the Final Plat Map. 6. Bearing and distance calls on the plat adjacent to the proposed Haven Cove No. 5 and the recorded plat for Haven Cove No.4 don't agree. Record information needs to be referenced on the face of this plat map. 7. Complete the Certificate of Owners and accompanying Acknowledgment on page 2 of 2 of the Final Plat. Recording information for Haven Cove No. 5 needs to be added prior to recording this plat. CAWPWIN60\GENERADHAVEN&C-C WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 00 HUB OF TREASURE VALLEY " A Good Place W Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Deparaneat (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and 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: January 30, 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/6 /96 REQUEST: Final Plat for Haven Cove Subdivision No. 6 BY: John Eddy LOCATION OF PROPERTY OR PROJECT: South of Haven Cove No. 4 and West of Haven Cove No. 5 Subdivision 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 MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES YOUR CONCISE CITY OF MERIDIAN WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney NHUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C HARLES M. ROUNTREE GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83"2 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORREE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 30, 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/6 /96 REQUEST: Final Plat for Haven Cove Subdivision No 6 BY: ._John Eddy LOCATION OF PROPERTY OR PROJECT:_ South of Haven Cove No. 4 and West of Haven Cove No. 5 Subdivision 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 PF"WW_i V1,(, ADA COUNTY HIGHWAY DISTRICT �''" ADA PLANNING ASSOCIATION JAN 2 3 1996 CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT CITY �ii�h►�i:;= SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES — c 3— 9 6 OTHER: / YOUR CONCISE REMARKS: S' r.a•ef Ame_ sigAus N�+tLs -to 3� JPERINTENDENT OF SCHOOLS �Oa EXCEBob L. Haley �`� ASSISTANT SUPERINTENDENT ,L Christine Donnell, Personnel & Instruction ,��►��t _ DIRECTORS in Sheryl Belknap, Elementary Bev Bradford, Secondary Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE(208)888-6701 January 24, 1996 REOF-"ED J A N 3 1 1996 City of Meridian (CITY �;jL MERIDIAN 33 East Idaho Meridian, Idaho 83642 Re: Haven Cove Subdivision No. 6 Dear Councilmen: I have reviewed the application for Haven Cove Subdivision No. 6 and find that it includes approximately 5 homes assuming a median value of $100,000. We also find that this subdivision is located in census tract 103.12 and in the attendance zone for Meridian Elementary School, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 1 elementary aged child, 1 middle school aged child, and 1 senior high aged student. At the present time Meridian Elementary is at 145% of capacity. The Meridian School District will grant approval of this development, 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. 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 JC: gr Support Programs 6 CENTRAL • DISTRICT � HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID. 83704 • (208) 375-5211 • FAX: 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOAEWENDATIONS 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: 4) 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, Elmore, Boise, and Ada Counties Ada / Boise County Office WIC Boise - Meridian Elmore County Office Elmore County Office Valley County Ofte 707 N. Anruhong Pl. 1606 Roberts 520 E. 8th Sheet N. d Environmental Health P.O. Boz 1448 Bose, ID. 83704 Boise, ID. Mountain Horne, ID. 190 S. 4th Sheet E. McCall, ID. 83638 Enviro. Health: 327.7499 83705 Ph. 334-3355 83647 Ph. 587-4407 Mountain Home, ID. Ph. 634-7194 Family Planning: 327-7400 324 Meridian, ID. 83647 Ph. 587.9225 Immunizations: 327-7450 83642 Ph. 888.6525 Nutrition: 327.7460 WIC: 327.7488 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. -BILL- GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN C HARLES M. GLENN R. B NTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 I o�P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 j� *JOHNSON, Chairman Public Works/Building Deparnnent (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443JAN , % JIM SHEARER 1996 GREG OSLUND ROBERT D.CORRIE NAMPA & P;IF--RADIAN MALCOLMMACCOY Mayor IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 30, 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/6 /96 REQUEST: Final Plat for Haven Cove Subdivision No. 6 BY: John Eddy LOCATION OF PROPERTY OR PROJECT: South of haven Cove No. 4 and West of Haven Cove No. 5 Subdivision JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) _SEWER DEPARTMENT CITY FILES _BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and waste ways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site. Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. It is recommended that irrigation water be made available to all developments within this District. 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. Bill Uenson, Assistant Water Superintendent R1— 1 v E Q Nampa & Meridian Irrigation District F E B 0 8 1996 CI Fj , MERIDIAN 01�i1 1111111111111, . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 6 February 1996 Phones: Area Code 208 OFFICE: Nampa 466-7861 Keith L. Jacobs, Jr. Boise 343-1884 Pacific Land Surveyors SHOP: Nampa 466-0663 290 North Maple Grove Road Boise 345-2431 Boise, ID 83704 RE: Land Use Change Application for Haven Cove #6 Dear Mr. Jacobs: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent John T. and Betty Eddy ✓City of Meridian «014kr APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 0 HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and 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, TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/6 /96 REQUEST: t for Haven w risia r'No.I BY: John Eddy LOCATION OF PROPERTY OR PROJECT: South of Haven Cove No. 4 901*41111111110 Haven Cove No. 6 Subdlvhkm 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 MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS:Vas_ z_- Z 9G RECEIVED FE B - 7 1996 CITY OF MERIDIAN .7OF'vF D SUBDIVISION EVALUATION S EET,: jqqS Proposed Development Name HAVEN COVE NO. 6 City MERIDIAN Date Reviewed 2/11/96 Preliminary Stage Engineer/Developer.Pacific Land Surveyors / John T R Betty M Eddy The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE GE CY ES NTATIVES OR DESIGNEES Ada County Engineer John Priester Date Z Ada Planning Assoc. Terri Raynor ''— Date -� City of Meridian Representative LZDate Meridian Fire District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed I I I I Subindex Street Index ; 3N1 W 11 Section NUMBERING OF LOTS AND 8 z ; i i 4 ' 1 ! � : 11 I q ! !1! T 6 S � 3 2 A - � 6 S 4 � � ,a zs i I I HAP Y I�C�IE NJ). Z \\\ .` �O is '� 'ei a \ n zl: a I.,l is t n is 20 a zz zs :.• ' (� + o '_ 1' '' Is I w WILL/=RD ST 1 17 t � 9� tl (10 I ! i 0 71 ! S s 3 : 10 I : I '� I S • ° \ .1 � t! .s is is Is •+ Iq is Wx1 z: a u Ix �s 1. is I• n to 39 H V 0. a 24 3D W. SANTA CLARA DR. 23 0 39 I 2 ] S 4 • f .l0 1 3S -M 133 3x D1 30 +? 27 26 2 is 54 •r rr .�. r. r r + r a 'x Q�lC h s`.esif � �-=�-� �sArr_�.. • • Ig:_ sa sa'1"13 x x \ rw r� + �•• r• r '� T ~w CX T•0111 �' �� ,AK�ic I R ��/� r.• r.- mow• Ar rAr I - 2 o ° e ° • . I r I• ° ® ° ° ' • II e el 3aol 1 c 0 46 V, WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney August 9, 1996 Mr. Tom Eddy, PLS Pacific Land Surveyors 290 N. Maple Grove Rd. Boise, ID 83704 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 80,4433 - FAX (208) 887-4813 Public WorksBuMng Department (208) 887-2211 Motor Vehicle/Dkvets License (208) 888-4443 RE: HAVEN COVE NO. 6 Final Plat Mylar Dear Tom: ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY I have sealed and signed this plat mylar and sent it to City Clerk Will Berg's office for his signature. He will sign the plat when a financial guarantee is posted with him for all off-site improvements that have not been completed. With the exception of street lights, he requires a contractor bid document to substantiate the amount of the guarantee being offered. I don't know the status of the off-site improvements, but they are as follows: 1. Street lights- 1 @ $1500.00 2. Pressurized Irrigation 3. Perimeter fence Also, please submit the deed restriction language, for the remainder of your property, that allows the street drainage onto your property. This ,drainage pond use was approved subject to the deed restriction being made a part of your deed. Will Berg has been out of town this week, so he will be catching up the first few days of next week. Sincerely, Gary . Smith, P. E. City Engineer cc: file Will Berg, Jr. AM olk\ 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax(208)378-0025 August 28, 1996 Mr. Gary Smith, P. E. Citv Ensineer City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Subject: Haven Cove No. 6 Fence Dear Gary: This letter is to inform you that I am satisfied with the fence on the south and west of Haven Cove No. 6. It is a woven wire fence with steel posts and an electric wire along the top. If you have any questions, please call 378-6380. Sincerely, PACIFIC LAND SURVEYORS A di 'sio�of POWER Engineers, Inc. Jo n T. (Tom) Eddy, L. S. JTE: smg cc: Shan Stiles PLS-BOI 58-616 Pacific Land Survevors, a division of POWER Engineers, Inc., an Idaho Corporation 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 August 28, 1996 Mr. Gary Smith, P. E. City Engineer City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Subject: Haven Cove No. 6 Fence Dear Gary: AUG 2 9 1,s96 CM OF MERIDIAN This letter is to inform you that I am satisfied with the fence on the south and west of Haven Cove No. 6. It is a woven wire fence with steel posts and an electric wire along the top. If you have any questions, please call 378-6380. Sincerely, PACIFIC LAND SURVEYORS A di 'sio of POWER Engineers, Inc. r Jo n T. (Tom) Eddy, L. S. JTE:smg cc: Shari Stiles ENGft - PI S-BOI 58-616 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation