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Landing Subdivision, The No. 9 FP
WILLIAM G. BF_RG, JR., City Clerk JAh'+lCE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place eo Live CITY OF 1VIFRIDIAN 33 EAST ID/I~HO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FA7f (208) 887-4813 Public WorksBuilding DeQaaraent (208) 887-2211 Motor Verricle/Drivers Liorate (208) 888-4443 ROBERT D. OBRRIE 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 TAE CITY t}F MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 30, 1996 TRANSMITTAL DATE: 7/15!96 HEARING DATE: 8/6 /96 REQUEST: Final Plat for The Landing Subctvision No. 9 BY: Leon Blaser LOCATION OF PROPERTY OR PROJECT: Sa~th of The Landing Subdivision No. 8 JIM JOHNSON, P2 MALCOLM MACCOY, P/Z JIM SHEARER, P2 _GREG OSLUND, P/Z _T1M 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 MERIDUIN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COIAVTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL. DISTRICT HEALTH NAMPANERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FiLItS OTHER: YOUR CONCISE iiEMARKS: v~~ J U !., 1 5 1~~6 CITY OF 1~ERIDIAN • • REGIUEST F+~R SUBDIVISION aPFROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNI.`~G A1tD ZONING COMMISSION TIME TABLE Ft~R SUBMISSIC`t: A r•eques*_ for pre ~ =urinary plat approval must be in the City Clerks possessicr, no later than three days iollawing the regular meeting o= the Planning and Zoning Commission. The Planning ar,d Zar,ing Commission will hear the request at the monthly meeting following the month the •request was made. Af ter a proposal enters the process it may be acted upon at subsequent mor,thiy meetings provided the necessary procedures and documentation are received bef ore S:~oO P. M., Thursday follawing the Planning and Zoning Commissior, action. GENERAL INFORMATION 1. Name of Annexation and Subdivision. The Landina No. 9 2. General Location, SW 1/4 anr~ NW 1 (~, S t; nn 7 '~ m ~ T R i u, 3. Owners of record, Julius W. Basham, II, a married person • Addre~s,6176 Laurelwood Drive .Zip89509Telephone Reno, Nevada ~. Applicant,. Leen B aGer Address, 3350 Americana Terrace .Suite 200, Boise, Idaho 83706 5. Engineer, Keith L. Jacobs, Jr. FirmPacific Land Surveyors, a division of POWER Engineers Address290 N. Maple Grove Rd Zip 8370~Telephone378-~~85 Boise, Idaho 6. Name and address to •receive City billings: Name Mallard _Landina LLC .Address 3350 Americana mr Telephone 385-0558 Suite 200, Boise, Idaho 83706• PRELIMINARY PLAT CHECkLIST: Subdivision Features 1. Acres 15.94 2. Number of lots 55 (54 building lots and one park lot) 3. Lots per acre 3.5 4. Density per acre 3.5 5. ~oriing Clas~iiicationcs) R-4 • • G. If the proposed subdivision is outside the Meridian City L1m1LS but within the jurisdictiartal mile, what 1s the e:~:isting mooning classification N/A 7. Does the plat border a potential green belt No fit. Have recreational easements been provided for Lot 15 is park lot S. Are there proposed recreational amenities to the City Yes E:~,plain_Lot 15 is a park lot and drainage lot. 1~. Are there proposed dedications of common areas? Lot 15 E:tplain Park lot and drainage lot For future parks`: Yes Explain Lot 15, Block 9 11. Wt,aT_ schooltsi se-r•vice the area Meridian Schools, do you propase any agreements for future school sites No E~cplain 12. Other proposed amenities to the City Meridian Water Supply Meridian Fire Department Meridian Sewer , uther _ Explain l:s. Type of Building (Residential, Commercial, Industrial ur combination! Residential 14. Type of Dwelling(s) Single Family, Duplexes, Multiple:•ces, other Single Family 15. Proposed Development features: a. Minimum square footage of lot t s) , 8 , 000 b. Minimum square footage of structure(s) 1,100 c. Are garages provides for, each square footage house d. Are other coverings provided for No e. Landscaping has been provided for Describe We will landscape the park lot (Lot 15, Block 9). (2) • • f. Trees will be provided 2or Yes. Trees will be maintained Yes g. Sprinkler systems are provided =or Yes h. Are there multiple units No Type remarks i. Are there special met back requirements No r.~piain j. Has oYf street oarking been provided for Yes , E;;plain Two car parking on each lot k. Value range of property Homes $85,000 to $120,000 1. Type of financing for development West One Bank m. Protective covenants were submitted Same .Dale format at for Landing 1 thorugh 8 ld. Uoes the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks Will be five t5) =eet in width. ?. Proposed use is in canior•raance with the City of Meridian Campretiensive Plan. 3. Develaprner,t will co•r,nect to City services. ~. Uevelopmer,t will camply with City Ordinances. ~. Prelirninary Plat will include all appropriate easements. t•.. Street names must riat care*lict with Gity grid system. i,~) i • '~-ev~4 B PRE-APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose +3* this meeting is to discuss early and informally the purpose and effect of this Ordinance and the criteria and standards contained herein, and to familiarise 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 t~ommi.•.sion or Council prior to submitting an application. '~-~~4 G PRELIMINARY PLAT 1. Aor,iication - Tr,e applicant shall file with the Admir,ist-rator a complete subdivision application form and p-r•eliminary plat data as required in this Gr•diriar~ce, not less thar, triirty ( 30 ) days prior to the Commission's public hearing. The Commission will not schedule ar,y hearing ar• workshops or put the applicatian are tree 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 tree time of presentation of the preliminary plat by the developer to the Commission far the purpose of allowing public input on tree proposed subdivision. 3. Combinina Preliminary and Final Plat - The applicant mayr•equest tr,at tree subdivision applicatior, be processed as both a preliminary and final plat if all of tr,e following exists: a. The proposed subdivision does not a:~cceed four (4) lots; b. Na new street dedication or street widening is ir,valved ; c. No major special development considerations are ir,valved, such as development in a flood plain, hillside development ar~ the like; and d. All required information fnr botr, preliminary and final plat is complete ar,d in an .acceptable form. A •r•equest to combine both pr•elimir,ary plat ar,d final plat into orie application shall be acted upari by the Cammissior, upor, -r•ecc+mmer,datiar, by tr,e Admir,istr•ator. ' (4) • • s. Thz Apnli~~ant a• The applicant snail sui,mit all required copi_s of plats, maps. application faun, conceptual engineering f arms; and any other appropriate sur,plemeptary ir,iormation requir•ec by the Adrnir,istratar, Carnrnissiar,, o•r Council . See 9- ~~4C~. 5. Cor,tent_ of Preliminary Flat - The contents of the pre t irna,na•r•y plat and related ir:farmat;on shall t,e in suci, farm as stiFrulated b}~ tr,e Cornmissiot,; however, additiar,al ma us ar,d suppor•tir,g data deemed necessary by '*_iie AdrnZnistrator or the Camrnissior, o:-• i;ouncil may alma ire required. "it,e ~12Ld1`llder' Shall submit to tr,e Adrninis~r'ator at least the follawir~g: a. Thirty (3E1) copies of the preliminary plat of the propose=' subdivision, drawn ir: accordance with the requirements riereir,after stated; each cagy of the prelirnir,ar•y plat stall be or, goad quality paper, ~r,a11 have dimensiar,s of riot less than twenty-four (~) iricr,es by thirty si:•c (36) incries, shall be drawn to a scale suitable to insure clarity of all lines, dimer,sior,s ar,d other data, shall sr,aw the drai±ing date, ar,d shall indicate ±ri~•reor,, by arrow, tr,e general nor'tt,er'1y direction; b. Thzr~ty (30) copies of a one (1 } inch equals trir•ee r,undred (300) feet scale map on $-1 /?";till " paper ir:dicatirig therear, all adjacent developrner,t ar,d/or~ late of record within trir•ee hundred (300) feet of any r,aundary of tree proposed develaprnept, and the layout of the pr•aposed deveioprner,t iri bald outline; c. Triir•ty (30) capies of the carnplete d ar,d executed subdivision applica±iar, farm; d. Four (4) sets of conceptual engineering plans (pat meant to be detailed designa) far streets, water, se;~e'='s, aidewaiks and other required public impravernents. Suet, er,gineerir,g plans shall captain sufficient infar•rnatian and de±ail to enaY~le the Adrninistratar' to make a determinatior, as to canf~~rmance of the proposed impr~overnents to appiicabieregulatiar,s, ordinances acid standards. e. AFtpr'Upr'late supplerner,tary iri2ormatlar, that aufiiciently details tree proposed developrnept within apy special development area. such as r,illside, piar,ned unit develaprnept, floodplain, cemetery, mo~ile Name. large-scale development, t, a ar'dGUa ar,d ~1r,].que 3r~aS of develaprnept. ' (~) 6. r1 U • Reaui•rement of Prelimir,ary Plats - The following shall be Shawn on tr,e p-relimir,ary plat or shall be submitted separately: a. The name of tree proposed subdivision ar,d ge:'~erai lacatior,; b. The names, addresses and telephone numbers of the owner, the subdivider or subdividers and the engineer, surveyor or planner wrio prepared the preiimir,ary plat; c. P~arne ar,d address of the party to receive City billings and/or correspondence; d. The legal description of the subdivision; e. A statement of tree intended use of the prraposed subdivision. such as: residential single-family, two (2) family and multiple housing, commercial, industrial, -recreational or multiple housing, commercial, industrial, recreational o•r agricultural ar,d a showing of any sites proposed for- parks, playgrounds, schools, churches or other f~ublic uses; f. A map of the entire area scheduled f or development ii tr,e proposed subdivision, is a portion of a lar~ger~ holding ir,ter,ded far subsequent development; g. A vicinity map sriowing the relationship of the pr~opased plat to the surrounding area (one-r,alf (1/2) mile minimum radius, .scale optional); h. The land usE ar~d existing zone of tr,e prapased subdivision and the adjacent land; i. Streets, street names, -right of way and •r•oadway widtris, ir,cludir,g adjoining streets ar• roadways ; j. Lat lines ar,d blacks showing scaled dimensions and numbers of eacri; k. Contc~u-r• lines, Shawn at five (5) foot intervals where land slope is greater than ter, percent (10%i and at two (2) foot intervals where land slip is. tzri percent (10X) or• less, referenced to ari estar,lisr,ed bencr,mark, including location and elevation; 1. A site r'epGrt as -required by the appropriate riealtr, district wr,er•e individual wells or• septic tanks are prapased; (6) • • in. Ar,y propc,eed or e:•cistiny utilities, including. Y,ut nat limited to, s±arm and sanitary s ^- ewe: ~, irrigation iatera1s, ditches, drainages, Y,•r; dpi=s, cu! vents. Water ma1n~, fire hydrants, ar,d~tr,eir = ~spetive profile=.. ,. -- r,• n `==~F~Y of ar,y propased restrictive cavenar,ts and/or' deed restri cticrr~s; o. Ar,y dedications to the puY,lic and/ar easerner,-~s, t ogett,er xith a statement of locat_ar,, cirner,siar,s :and purpases of such; p. Any additional required iniorrnatian for' special det.'eioprnent as specified in ti-,zs Cirdinar,ce; q. A staterner,t as to xhether .~r r,ot a variance will be requested x:t2-, respect to any provision, ^i this ~.lydinance descr•iY,ir,g the particular provision, ti,E variance req'.~ested, and theteasun ti,erefor; ^. A statement of Bevel apmer,t f eatu-res. y• Fee - At the time of submission, of an application: fo•r a preliminary plat, the applicant shall pay the applicai,ie fee as approved by t:,e Cuur,~ii: ~ Lata = 5,00.00 :Jver 4 Lots = 5_~OC~. 00 + 510. v~0 per lot In addition to aY~ove feee applicant shall pay cast ,as ce-r'tified rnailings at •rate of Sl. ~~+ pe-r notice. F'ir,~l Flats = 510.00 per lot ~. Administrator keviex - a. Certification - Upan -receipt of tiie pr'eilmlr.ar'y plat ar,d all other required data as provided for herein. the Administrator shall affi:•; the date of application acceptance t}'iereor,. The Administrator sl'iall, thereafter, place the preliminary plat on the agenda for Cor,sideratior, at the r,e:~t regular meeting of the Commission if there is sufficient time prior' to the date of cer'tificatior, far the Cornrni scion to consider and review the application, and ±u give proper notice of a public nearing as required it, 9-~,~~q C. ~},, `~. Notice wi.ii ;,e pui,lished in the City's newsX;aper of record at t2-,e e•;per,se of the requesting party at least one tl> edition, fifteen (?~) days prior to the hearing of t:,e F'1ar,n~ng and ~Gr,ing :amrnlssion me*_iny, which: notice snail al,a glue a sUmTnary Of t;l. r'FqueSt and tt,= lC:C3tian. • • c• REViGw by tither Agencies - The Administrator stall refer ±hE preliminary plat and application, to as rnar,y ayer,cies as deemed necessary. Such agencies :nay include the f ollawir,g : ~. Gthe-r governing bodies havirig joint jurisdiction; ='• The appropriate utility campar,ies, ir•rigatior, companies or districts ar,d drainage di~± •r•icts ; G. The Superir,ter,dent of the Schaal District; and s. Other agencies having an iriter•est ir, th= pr•aposed subdivision. 9. Commission Action - a. Hear•ir,g by Commission - Fallowing the receipt of application and after notice, the Commission shall cariduct a public hearing, at which time they shall r~e:•iew the preliminary plat and receive comments f•r~om concerned persons and agencies to arrive at a decision, or, the preliminary plat. b. Commission's Finding. - In deter•minir,g. the acceptance of a proposed subdivision, the Commission sr,all consider the objectives of tries ~~•rdir,ar~ce and at least the following 1. The cor,for•mar~ce of the subdivision with the Cornpr•er,ensive Uevelopmer,t Flan; ''• The availability of public services to accommodate the proposed developrne.-,t; ~=~. Tree continuity of the proposed de~aeloprnen t with the capital impr•overnent program; ~. Tr,e public financial capability of supporting services for the proposed development; and ~. The other riealth, safety or er,viror,mental pr•ablerns treat may be br•ougr,t to the Cammi~sior~'s attention. (8) • • ~. ~,ctiari an Prelir.^.ir,a-r'y °lat - TYie iammission ma;• approve, appaave car,dit~or,ally, deny or table the pael irnir,ary pl at ~ fur additional irif uamation. Approved a car,ditiunslly appraved prelimir,ar;. }Mats ar'e *_'or'war'ded to t:,e Council. If t::e plat: is denied, it 1s nut farwaaded to tine Cauncil. If tt,e plan, is taY,ied, it may be recar,sidered t,;• t;,e C.'ammissian witYiin fatty-five (45) days of the public hearing. The Administrator s.,all notf~:~ the a~,plicar,t of the Carnmissior,'s ac.tiar, wi±hi:, ter, t lEt> days. d. Ac tlan an Gamt,ined Preiirnlr,ary anti rival F'la± - =i the Carnmissiar,'a conclusian is favorable to the auL,divider's request fo-r the subdivision, to be cansidere~u~ as ba*_h a r,•relirni:nary plat and fi:,al subdivisiur,, thee, a recomrnendatior, shall be forwarded to t'r,e Council In thF carne manner as ;,erelri sF,ec~fied iar a final plat. The Cammisszar. may recarnmend that the combined applicatiar, be approved, apprroved conditi onaliy or disapproved. 11. Ar,r,esla - Any pe_~-can ar aggrieved persa•r, or waiting beiare the sut,divider may appeal in writ~r,~ C.ommi~siar,relative to the final Commi~siar,. SucY, appeal must Gaur,cil wit2-iin f~fte=-r, (15) days actian. party wYio appeared In Gamm1S :iar, Ur the ~ the declsian of ±hc action ta::en by t}',e be submitted to t;,e from such Gornmis_~or, lr'. A regard of t.,e pu~,lic heal'_r,g, findings made and action taker, stall b. made and maintained. °-~0~ ~ AL'MIHI_'"RATIVE PF;GCESEII'~G GF THE F'REL.MI2'IAF.i' IiE'dELGF:;ENT °LAr. FGR THE CGUHCIL A1dU },iGTIFICATIOi~i PFiC!CEUURE Upan r'eCelpt c,f the Garnmisslan's actor, ~concerr,inc~ tnE F'reiimir,ary Ueveloprnent F'lari or the •receiptuf an appeal of sucY: action, by !tie applican± or o±:~,er aggrieved party, the Admir:istrator shall -respond as fallc,ws: 1• =yet the public nearing date iar' the Frelimlr,ar~~ L>e;_.eiapmerit ='lar.; ar,d -'• Re`.'iew public hearing comments by concer'r,ed pe_ car:s, public 3C(eriCies or City dapar .merits. '~-•~C~~ _ CC!UhCIL HEARIidG, TIEGGTIATIG:IE~, A}1i~ :,CTIG?~} 1. Faior' ±a La}:is,g 3ct1aY1 _onc_•r'r,;r~g ttie Prelirnir,a•ry Le`.'t'1'-,pment Flan. ±rit. :~~ur,cii s,a11 C. C,r1CL1C: a= least arse , ~ i puL,.:lc near'lrig 1:, :in1Ch lntere.°.~ .eC persons ci,a31 ,av. an Cl~;;.,ortu::ity _o be i,= 3r'd. ~) • 2. No final subdivision plat shall be approved until one (i) 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} • °, ~; r. ' • zGr to CGUr,cil action, the Council, Ad-r:ir:i strator, applicant, ar,d ir,tere~ted pers~r,s :nay r,egat_atc ite*ns of ti:c Pre~.zmir,ary DevelOprn=nt :'lan whin are Gf mutual ir,tereat. .:n order that the ,',egatiatior,s be an open ~,rGCess acid t:,e :^ightc r o~ all pasties ar,d per•sar,s shall be psotectcd c applzca::t, Council, Admir~istratc,•r, ar:d the general puhii c), the fallowing gu_delir,es siial'_ be obser•: ed . :.. Tr-= :legatiatians cr,ail r,at c.~ccur ir, privat= Gr closed :neetir,gs; =~. ,~egot~at_ar,s shall ta..e place in o:,er. ar,d informal meetings; -• ~+'1:,=3'F tile:~'E• iS a Ql1arUTn '~f ti,E C:ounci: 1n attendance, appsapriatt records sha11 be ~:ep•:. of the r,egatiatir,g Sess~c,r, Gr S[-+,-^,Cj,t-•,::^, r,ame_y minu±es ai-,ich sY,al_ be submitted w~tr: the prapased development; d. The negotiation process s:iall be sepa•= ate froTn the dec,sior, Tna};i:ng pr•acess of the Council. e. Results of tree negGt_atians shall be a recarnmendatic,r, to the Council and be available far public scrutiny; f• The negatiatiar, CaI'r~eCd Gut 1f1 general public ::lade in advance t;,e ger,er al put,. process shall be designed acid a mar,r,er' whiff, a°SUreS the that decisiGn~ have nat beer: of tt,e input aril scr•utir,y by iic; g. Tfie ger,er•sl public sf,all be informed of any :~,egatatic~r: tf,at has accursed is a newspaper article iri the affic~al r,ews.naper or paper of general circula±ion within the City of :1e'rid~an fifteen, t 1` i days prio:^ to Council actiar~. ~~• The Cc,uncil sha11 approve, approve with cGr,d:~t1Gr,s. de:~y, os table tfie Yrelirnir.al-y «~evelGp*nert P' ar,. If *he F•relimindry Developrnent. • _arl is tabled, it may be •reconsidered by tfie Council x~ t}iin f G.^ty five { ice) days of the public :,ears r:g. T:,e Administrator shall notify *he applicant Gf the C.ouncii's action: within, ten t ? (r) ) days Gf the ~au:~i~_il'_ action:. ''. A r'e~card a2 tfte ftear'~r,g, f.r,dir:~'= read=, _r:d aC''__~~t: tarp-ri sf:3== be 'fl2irl ~a1::ed. ' ;11: • • • '3-Ci~4 AFPRQVAL PERIQD -'- Council appravai of the Preliminary Development F"_an shall become null and void if tree applicant fails to submit tree Firial Develapment Plan wittier, =~f1e (1: year of Caur,eil approval of t2-,e 'seiirninary Development Plan. _. Upon written •request to the Couricil and filed by tt,e applicant prior to the termir,atian of the ~a1d =~r,e tl) year period as stated in Section 5-6©~ F.1 cf this O•rdir,ance, the Council may autr,ori~e a ~inyle e:.tensian of the approval of tr,e relirnir~ary Develapment Plan for a periad riot tc e:•cceed or,e (I) year from the end of tree said one 1) year period. ~. In tr,e =vent treat tree development of the pr~elirnir,a•r•y plat is made in successive cantiyuous sGc{ments in an orderly and reasonable manner, and confor•rns substantially to the approved prelirnir~ary peat,, such segments, if submitted witr,in successive intervals of or,e tl) year, may be car~sidered for final approval witriout resubmission far preliminary plat approval. -~:r~.?4 G r,F'PEAL OF COUNCIL ACTION Appeals of tr,e actiori of the Council cancernirig the adrniriistratiari of tries 0rdir,ar,ce may be taken by any 39g1'-e`7ed person. Within sixty t 6Q!) days of the Council action (and after all remedies have r,eer, =:•:haust?d under this Ordinance), an aggrieved per~or, :nay meek JUDICIAL REVIEW of the Council's action under pr•avisior, provided by Sectiar,s 67-5225 (b) tt~rougr, t g ) ar~d 67-5216, Idaho Code. -c~0~ u FINIAL PLAT 1. A•a~c,lication - After the approval or conditional ac~pr~o•~al of the preliminary plat, the subdivider maycause the total parcel, or any part tr,ereof, to be surveyed and a final plat prepared ire accordance with tr,e approved pr•eliminar•y plat. ThE ~ubdivide-r shall submit to tr,e Administrator the following: a• Thirty (20) folded copies of the final plat; .1?) • • ~~. Four i s) copies Ui t:`:e ~:.nal er~yir:eering cor~st~^uctiG,: ~ draa~ngs =Gi =tre=ts, water, sewers, sidewal}:s and other pubic i raprovements; and _• Ten t10) prints Gf the final plat at a ~_ale of or:e : 1) ir:c:: . goals t:r ee Hundred : ~::~~1 faet. ?. on=tints Gf F_nal plat. - The final plat shall zr:clude and be i ri comaliarice with all item= squired under Title ~C~, ~'hac =er 1~ of the Ida;:o '.-oda• The, final plat subrni =±a1 shall includ= 3t _east: a. A a•. fitter: aF,plication i~•r' ~ppro•Jal of ~.._.. iir:ai plat as stipulated by the Commission; ~~• PrGOf of current owner'st:ip of t;:e real property included fir, tree prcrpased fin31 pla =. ar:d conser:t of recorded Gwr:ers of the plat; -.. much atrie•_ ir,farmatiGi~ as the Admir:istratar or Gommissiar: may deem necessary to establ~si: whether ar not ail proper parties have signed aril/Gr approved said final plat; d. A statement of cor:forr~ance with the approves prelimir:ary plat and ~-eetir,g all r=quiremer:±s Gr ccndi'tians thereof ; _ - A s ~atemerit ai confarmar~ce with all requirements acid pravisl~r,s of tries Grdir,ar:ce; and i. A statement of cczrifGrmance wi+_h acceptable er:gine~ring, archi±ectur'al and surveyinc, prae.•`_ices grid local standards. =~• Fee - At the time of submission of ar: applicatiar. for a final plat, the appl=carat si:all pay tine applicable fee which .has beer: approved by the CGUT:C11 tG cover' the cost of prGCessing. 4. Administrator fieview - a. Ac~.ep~ar:ce - Upon receipt of ±}ie final plat, 3r:d ~_ Grnpliar:Ce with all Gt}ie•_ requiremer:ts as prGVided for herein, the Ad:ninistratar s r:all certify t`,e applicatiar, as complete 3r:d s~:ail affi.. the date of 3.:._^.er:tarce } `:ereor:. + i J l • b. Resubmittal of •Final Plat - The Administrator shal 1 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 plat. 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) 1 ~ • ` ; ~~ T ~~ ~~ `~. cr. ~~ N n m ~ ~ '~ ~~ ; ~ ~ ~ 114 ~i~ ~!E ~1f and .~noosnw 's ~ •.,,~ ~ ' N , w .~ ~ ~- ; '3nv ov3HO3a '~"""-'-~{ ~ ~ O M ~ \ ~ N N N M ~• • ~ il~ ~ a Cin ~ f N N L ~fE_'~I~~ G, 0 t N ~ ~ ~ ~ w~• N _ O N Q ~ ~ O ~ 1 ~ • Miw~ _~~~ \ ' ~ m O~ L ! ~~' f~ yo ~' m ~ ~ • oe~ e~ ~t r O ~ ~ Q~ ~ O' ~ .~ . ~~m ~ n 3 n ~' ~' ~a 'r' •I . . • W v ~ ~ v ~ _ N N 1 ~ =' ~ ~a~ ~a~ ~_~ ~ ~a~ ~~~/~~~~ ~ -- _ - -- --- -- ~~ - ~--.-~ F N ~ ~. ---- . a / N Q~ ' 01 N ~ Q R f'.; ~ 0 ~ ~y3c 0 ~ ~ ~/ N /~ ~~ / 1 O ., Il 0 ti'. ~~ ~ f 0 Y __ ~ 7 ~ O nv x3110 S A o m m W w O Z ~ Q a n 4'~1 ~° ~ ~ i 3 ~ ? ~.. a ~ n w ~ J _ N N ---- - - - - --- d'.~ON/7 L~., C F-- - . ~ / S =~, •~ i 7 ~ .~ `aM. ~ O3N~~~ Y u% a c~ ~~ co i,.~ a. -- 6`~.. ~' ~V Z -~ c G: I .; ~ ~. • 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 Letter. of Transmittal June 26, 1996 Sent Via: Hand Project No.: 5801 To: Mr. Shari Stiles City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Re: The Landing No. 9 Subdivision '.'Enclosed are;.the following items: 'Documenf'Date Co ies ' >bescri lion 30 ea. Front a e of final lat 2 ea. Si nature a e of final lat 10 ea. 1" = 300' co ies of final lat 30 ea. Written A lication 1 ea. Warrant Deed 1 ea. Statement of conformance. with approved preliminary plat; with requirements and provisions; and with acce table ractices and local standards. 30 ea. Vicinit ma l ea. Check in the amount of $550 to Cit of Meridian 1 ea. IVIa showin Lot areas These are transmitted: ^ For your ^ For action O For review ^ For your use ^ As requested information specified below and comment Three Set of the development plans were submitted to Mr. Gary Smith on June 21, 1996. Submitted By PACIFIC LAND SURVEYORS a division of POWER Engineers, Inc. Keith L. Jacobs, Jr., P.E. Enclosures PLS-601. 58-40296 /f enclosures are not as noted, please notify us at once. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation 04~'~~,.~ G~, i5~n,5;10; 34~11vi!0g3~Ar:~e: c2;. land ~; t: A ~'ERiCAN LaND T ~~~~. 4334 _. ~ '" 02 I .%4 -~ /o21LGJ WA-]K~tANTY ~'3EED roll VALUE RCGLIVL'D ! wl,Ahr R. I-1S1'QIt,SpN, Spaalal Trotters, fav the'1'Bb it UN JOHNSON CHARRAAL6 Al~MAINDEIt UNl7'RUb7. st to:n undivided 1d,Tf1i int¢retse Itenirnfar telerred to of 4tyuttor. dots hcrcby Crmt, bar~tin. toll. and ottnvay un:v JVI,IUF tv, 11ASlIAM, 1!- s malttied person 71! Ab1 Colo and>epKma property, hofeinOfior nfcrrad tp a! Orantce, where arrant addrtt:s b, 6i :6 LoorNwottd 1Dri~Y, !tenor NY ice, the following drxerilnd premita. town: SFs ExFIrr;1T 'n' nT~ACI I>bp li~t67'q AKA MADE A PART Fi8RE0F. txUiS DOt:UWGtT IS i7AINC. g6,.~~~~ TD SIWH Iil tNOPEIt 58pU6NCH Tp NAVi: It~'D T'G) HOLD Ilrc a;titJ prratisa. witb their altCtUrnaurces uaro tLr said i7rtntee. and hit Leirs ~' iMl wuirne C~rvvz. And Uts mid Grtatnr Dart Ir/rby cnWtuat m and vit6 Nr laid Qnntrr. that lintttur it thr owner in t;~c wiAtltlt of>titiJ pramigt: !tut trill peeTle~a fre frw lirattt all merntbranar a>capt raMnt yttD taro. Nviee, rtwl nw..mantt. anJ aeerpe U.B. thuant rnewrtlotw. -atriaiao. etewnaatr oCt+aoard. rnd awwermx areihkr untw rho ~ewtdtw. rtw :hu Orontt-r will wereant anti dr/aad the rasa htaa DU rlalnk WIIaM~Na~. 96 20529 Dated: Pehruary 13. 19711 ~/X/ Q/~~ 7F.D A ]A\ 1CNINCO!\' CIIARITA91.5 REMAIIVaETt UNTI'RUST :.C1 . ~'~ ~S+Dllis~P ~---~• 80.S1r 17 1'iflST AtrtERItG4N TCCLE CO. Alsn , Prtertun, Qrkvlu! Trueteo '8G 17At1 >11 ~II': /" ~~/J~Jf'~}~'~ ~~ ~ ~~ f/ at'rTe 01' inA1M, , CVUN7Y l~lr AUA , Wiw ~y.~r ,u ti+wsrF. lt*m hoar rr.• i yM.q ryLt. in xr! 4,-iI 1W,r. remwr+h rirMM ei~. z w....., W.nyt rr ~egMi(w a n. M M err Nrwr .Mu 9u,lr, ~ AriFY~IMW M 4M `1t11. 4MIYIM~~ M rpr Mrr~M 7AUMt Nf MN ~I k l~ul A~rA CIaAWk IIMNIrM, tMi~M1. wM +qw+tN~ w rN,rl *eY +MMRht,M w~ V rwh N~CCie'-rWr. ~r J ~-r ; .~ tu,r urtr. k !fF •, , fe/JIY.r I-.:a. FMIr. y/ tt~irr:. R,q.yp, .g60244~»~~~GO• ~ti~~~'~ . gti~-;. c.stccaariaA r. 1.~iJSR J. ~.~'~ 60-SE .~~Qi ~G- rst ~tiit:~ - O ~B/ P -it` Fex ors 7671 Co.lDept. Phone a pttptla R ~ /~ .'/ lY ((JJ ~ (J OE~:,~ A, ? ~, ~ ~ ~ ~, 5:. ~ ; .i ~r".~!9833F:M f : ! C S .'~ ;. 3 fi C :~ I t ~ AMERYCAN LAND 7I~ -~I :~. ` ~~ ~' 4 ^ ; e B3 ~,~ .. ~ 30ZA~IT A TAs la~l ~l2Si'Qld td in t1L33 C~Ctit~iit f.{' s~t~at'ed a,A l~s Stilts of Ida21Cr ~f at Ada, and is des~ltbed as fl011e~vs; A parc+:l of land. lying 7~n the Narthw~sst. guas~ arrl the NazthQast e~t~aLter o!' the sour.-t c~lat'eQr of Sa~~S.Ciz 13, 7~oarlst~fp 3 Noxth, Range i West, ibis~~'Se~sdian, Ada Caauity, '-'dalso, amp anara pnt-~itu].r~r.~y aeecsibecl als foLloars: . c7~:sg at ari ~ ni~n mnz+lcirig the se~.icn oorne= c~moas to ~~ ~ 1l, Z2, 14 ~a7d Ci1d SaCrldl'1 12 ~ tbeace sat~th o°00' 3s" Far s1s.3a rmec ~ t~ WeStrs~ly bola~dazy of the said N~w~~ q+sater of S~t,~azi 13, w~iCh is also t'~e ceJtGorrliC:e of S~ Larder Road, to a p4irtt the most ~ aeaer~er of C2~147LX~ ~'''~ SJBDr•7ISION Nt7. 4, ilS P~1ed fc~ ='eC'~Cd iri the affx¢ aP the Ada Gounty A~'"...,.*'"°'', HOisY, Idr:ho, iti souk S6 of P3ats dt Pagei: 5239 acid 5240, also said point being the R~xL PaIl~TT OF ~~; tlsaTl~oe SotLt~ 37•]0'00" Fast 235.81 feet slang th,e Sout~iots".szly bo~u~gar3r of 'tbe selfd QiFSr'r~7C1D r~'+'~ ~DZVLsI~T 1~. 4, which ~ a?so a].d'~( t~ cairtPSlitse of Tan Mile D~li.n, to a poirn; tl~t'RCe sontti a9 •oa' 00" Est L' 6.6.'J l.4t along the said Sctirtt>a+~ss~tarly boi.w'x'it= aaE GRES'iW00D ESSxLT*_..+° 3~D1Vx5110N N0. 4 t4 a point; t2u~rs Sollttt 46 °7.2' 30" Fast 161.00 Peet a.Zang Said Sadly, b~ax'ary vt ~SJACISTISICLJ N0. d ~ to a poir~; tihatsC! Scait'h BO°09'00" 5s..~ 104.00 feet ~ot~q the said fly of Qt~Ti0t7C10 Fa'TAT$ SC3iDIV~ 1~1D. 4, to a point; trsr~cr: .South 68 •Zy' 00" ~t 36.00 feet, along tie said S~#soa~stezly bw~aiy Cd GRF.SZ~1740 E"a'DL~S R3~IVISZCtT NQ. 4, ar~d the said oentsL.'.3r~ ~ ~er1 i~Ie f'h~9r, tD a point: thencA SOltth 72.03'00" Pest 3I,4.7s feet alc7ng the said caarxt~li~.e of 11~ 1~?e I~d~.y t~ a point on the t~ly bo~n~daty oP the Nkact~eaat acE the ae3~d• Noztstrllst quarCK of Sectiaa: 13 ; thenoa Sasth 0.02' 03" ~t Z6.28 feet alcmg tie said ~et~ly batty of :fie quay Car of ~u N gaaztQr of 9eC~dlti L3 to a pnitYt; tt~rios Soltth 72.03' 00" lsist ZZZ . ]2 feet along a Zltti ?.3.00 . rent saitl~sberlg of >Rryc- parallel with t3~e acid ae~r] ire of 3~ Lila Drain to an is'ess pin; tfa~ South 63.44'00" FRb~ ]37.07 feet e~.0l~g a 1fRe 75.00 S~ 9OR•~+e~ly ~ ~ gu~Ilel with tho smid cslritart i~ at ~ !~]s: ntaih to art irer_ poli C7~ t: e razthesly bo~Zy of the Sa~haast quartar or t!~ said ~~oa~....sest q~artt~' of Seetiaat 13; theer.~e if9•~.?'02" mr 56.6 foal alca~g ~e said Naz~.~r3y boR~e o! t$e sa~theast gttazc~C Of ~ of seeton 17 to a port Q~ tlk said can~zli~e of R~ Mfle Chain; t!>~~ Sarth 63°44'00" F.~ 113.Ob =eat a],aeg the a~ aatttar2ine o! T~ Y~la•t'~sii+ to a pvirst; tl~rtee 0i~ ~.". L ., .. ~ :15.: ~ ' ' ~ ah'.`'?Bo3`~::..: 1 ... 131. ~ ~ 1 . ! r ar~aCAN ~at~ TZjy~E i~ 1, ? ~ =' 84 .. . ~y~;~t~1~321 so`;;th 52°.l'00'' :~ aaa.aa :sat alb the said cetyt~lira of ?ea Ki:.e L~aitz ts; a p0s'it. opt L"te ~..erly k~dar~ ei ~ said. ~exiLt`.s3sr"z 4tuuc`~x of ~e NazZhaest qu~x''-~ ~ S~e~`.icri L3 ; theta ~ ~ :~'t SCU~th 0 ° 03 ' G5" 4%E~ a37 . ?.4 lCet alcuxl ~ ~~ ~-`~~lY `~ cv~ar}per of th~a Na:Si~s+e~ c~c~artar cf SeG~.ion 13 to inn ii"~ p~ ~4 ~ t~arc'Sesi't Gxr;er a~ tie cm~d Ii~T~~St q~rt~ Og 'the So~t~.teSC QLtmL'tez 4t Sa!C"~ion I.3 Sotz~.~`~ s9 °59' 2Z" w'~ 200.00 teams along Ilse Na=*.r~rly bew~daiy of ssi~ ~ gt38~~ og Cl38 S~ ~~`~ oY sscr.on 13 to an Xon ~1% ttetfca Sot:t.'~ a•02' S4" ~ t 275.00 ±`aet al,ccq a 13~1e ZOO. ao temt ~ResC~ly~ S with L`Le ~st+~ly ix~a~s"t of the said Nc~kaa.°"r Q~ C~:arteY of Soe-iazi ~ 3 t~ an i~cn pini ~-~+~ ~ No~.h 89.59' ZZ" ~St 200.00 :!s ` a~5 a :irfa 275.00 few So+~rth~r..Y of aid ~xal.:el ait'~ t`'-a said ~.hes'_y botalc3aL'Y o~ tie Nor:heasC qua~.~ ~7t ~ Scut.'°~~ c~ua*'.~ of Sect:.an 13 to ~ ir^,n pin ari t';s said Ea.~ly I of tho No~thaa~ ~~ ~ i,~, ~ a+~ax'"•sC of SeC'.i+aa- 13 ; th~ce Saut~t e • OZ' S~" iast 1, 050. oa feet alc~q tse sai¢ '-l~~~yan i~:nn gin 13vr`.tiQast c~artar oz she Sow ~~ or: the Nort`~slY ri~.~`~~Y line of Tnt~rtaCs ;iigtr~+e~y I~a4, F~~daral aid ~jec:. (F.a.p.) x-aor~7. t12) 37; ~'•~ ~ ~!-v~a• 1s~e Sottttl 69•S~'1" '~]esC. ,3a7.3Z fast alarm t:'LO said Naz`..~2y ="~ 1 of ~~Cate ~iic,~ay I~aa r.n a poi on `,~ lY Y o! tfi~e s~fd Notthea-°+t 4uat't~'' a£ t!'~ Saltiest CjuaZ'~. '~ of Se~~~t I3; NC~..`i o • 01' 3 6" We.° r 1.326.63 :~C a1C~0~q tk~ mad ~"~ZY ~~Y ~ ~'~ Narthex quaztar oz the sasCt~west gw3rtar of sec~tiart X.3 to s post;t t~ southeast aa~+ar of =`~ So'~ ~`~ at the said :fit-'east gtta~ter of Se~;on 13 ; satztti a9.59'Zx" iissz S36.aa feet a1c!~9 tie s~rsth5rly bo~'darY of the sai$ Sou~t.".wast quatt~ of the t 4~r"~ et tha 5~aC~_ ; ~, Z3 tp ~ iroal Phi there Nvz th C°o0'"-5" West 792.00 feeC a1cm9 v~~~90.0~0 ~ ~ 1 ~ ~ L3 to uti*.h the said =1Y '~ ars lrcn prof the >Kozt!!. 89°49'00" west 954.00 of SeCC.L~ ~ ~~ Westerly ~'~Y of the ~1ort.~~ 4~ NC~h 0°40' 35" WaS't (fo~mer~y d~cxibed as Nori'h 8°00'30" west) 1.346.55 feeC aicrig ,the said wrst~iY Y of tha Nate of Sewti.~ 13 to the PDT: OF ~EIE~IM~~- . •..~ 6~~r'. _~. .:y:15.~ ~~`'~4083:yC:=C..,:;! .,d?1d i],IE at~RI^~N LANB =_ _ 85 1:ib9UUU~322 ~r*S .ANY ~..~:" rat of ~~e escz~r~tz anod paz~el ~hi~z :.ies •+rit~t ~ +ol].ouriaq e~git su1~iV3S].Gri: . '!~~ I.~,ND*~G Su~~1I.,CN *10. ~, ar.~3lr~g to t~ o~irs,i fllat iKlri~t', f`1ed in 3CGC 58 Of nz 3~S 3L BdryT~ 5343 3i7ci 5349, z~~.s Of .''~ Cogi~f, Sdt~3fl. ~ :aNDIl3G SG5fl1VL;~N :10. 2 , a,~di~xr to t~ o~icia7. slat tls~ol, filed in 3xk 39 cf Mats at psy~es 5772 and X173, ror_trs of Alta' CCtst'~r, =dd2+.o. '~ as3NDZNG SL'~7I°~t9C~v W. 3 , arsxsx~iag to 'G'SS off; ~ n, p]at t~of, ~ :lad in Book 50 d$ ?lat, at Pam 5902 a>7d 5903, ids o~ rids CC~Y, ~',o. '~.r, :~WSNG' SL~rZ50N W. ~, aa..`^rdirr, to ~ otf:Cfax plat t~*~, *~8~. lrt ~acJc SZ of Mats 3t PB,~ 62~ 32~d 5eZO, `aCOYt:s Of Ads! CtxQitr, Id8lYJ. ~"~' L.~1DL~G SG~rISGN \SD. ~, a~rdii~g ~ tie oft{c:al plat th~"'oof, filed ~a7 '~oC1C 62 of ?:ats at pass 625 ~d G256, z~acnzrs ~ cf .'tea C~titi~~, Imo. Z~ LeiNDL''tG 5~780I7~SON :iD. 6, ac.~ai.~din3r ~ ~ off_C2~1 pL~,t t~a~of, fiI.od in Honk 63 of Mats a~~ PabeS 6331 al~d S33Z, rer~zs of r~d8 C~iC_r, 2'c~r0. '~ Z~LtiG SL2D~'rSCN ,~3. 7, 3aoeatiiTJg t0 thQ ofs; eiaZ plat t~~f, _3:~d ir- $OOk 69 0~ ?1'8tS at Peres 7085 sl7d 7056, ~ of 3e.z' Cotaity, Idaho. '~ ~Np~3G SJEDN''..aCi~ N0. a, a~ii.'~g to the of`icial gl:t thex+eef, fiSad Book 70 of ?lai-s at s'}ageS 7230 and X31, ms's 0! Ada Wit, 7.c'3!.0. HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 September 5, 1997 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 388-6532 fax 322-2032 ROBERT D. CORRIE Mayor Re: Street Lights for The Landing Subdivision #9 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH Street Lights have been installed by the developer in The Landing Subdivision #9. These are 100 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The nine (9) street lights are located at: Lot 5 Block 13 Lot 13 Block 13 Lot 17 Block 13 Lot 18 Block 12 Lot 22 Block 12 Lot 26 Block 12 W. Eider Drive W. Eider Drive S. Muscovy Avenue S. Pelican Way S. Pelican Way S. Pelican Way Lot 19 Block 9 W. Eider Drive Lot 14 Block 9 S. Redhead Avenue Lot 3 Block 9 S. Muscovy Avenue See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely /'~'~ William G. Berg, Jr. City Clerk A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 OFFl IA S ` WIWAM G. BERG, ;1R., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P E, City Engineer BRUCE D. STUART, Water Works Supt JOHN T. SHAWCROFr, Waste Water Supt DENNIS J. SUMMERS, Parks Supt SHARI L. S11LES, P 3 Z Administrator PATTY A. WOLFlCIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L `BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: • HUB OF TREASURE YALLEY • . A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 8,3642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor VehicleJDrivas License (208) 888443 ROBERT D. CORRIE Mayor COUNCIL MEMR ac WALT W. MORROW, President RONALp R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P b 2 COMMISSION JIM JOHNSON, Cheirrnan TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Date: ~ ?.~r9 --q,' To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION A I have inspecte and approved the electrical wiring and associated components for ~ street lights in ~ ~~CC~~" proceed with the activation. .Idaho Power Co. can now v.e .c.. Harold Hudson, Electrical Inspector ~C ~AUC 3 21991 f)F ~. C:1WP WQ.f6pK,EI.1ERgt,~E[.ECINSP.MMO ~. ~~ I? • rRANKUN ROAD. • tt' 13 , ~ Sw-3 .' THE LANDING #7 ~ 4" exists to here I /~ ~ ,. ~ , .,.~. / I / ,8/ 19 ~ ..lr I THE LANDI G y8 Q0(](]~Q Q(](]()0Q Q(](](]()Q li. ~ I l~ t~ la_ I I I lL Lt_ 1 1 1 1 ~. oa~~aoo~~°aoo3~~=0 ~ cn ~ a ~ ov' t"o o No 0 0 ~ ~ ~ ~ ~ ~ (n N N to (n \ SW-3 15 C~ ~~ s SS 4 z7 \ 5(~ A zo i I ~ \/~ t3 5 ~' z North 21 za zs z. z3 zz zt zo t9 Via. ° C d ~ - t 9 < 1P E c \ to ~ I u~ t3 z I I I C 17 t3 If z~ j zf ~ , w. pD~R DRtvE I b ~ c is __ ~ ~ - . -~ / VI ~ 1 5 ~ I 16 . / i- 10 O ti f ; b g ~ ~° 12 ,. I~ Y -3 t7 25 ~ ~ a ' 15 ' vi d -- o SW-5 to 5D A 26 ~ w. HONKER, RIVE ~ ~ 8 t II . H I %~ L \7 ~ 5D C \I c stub-Al 1-2" I II w. RUDDY 0 7 . b t ' s RD- I le -- c z w_ ER stub-C1 3 r~~oTES: R~- ~ i-2• ~•'^tary cable is 1/0 al 12.5 kv in 2" conduit ,f I :-ohase i ~ ?-ohase ~ l0o WAIT 1~Ps S,L. ~q~ - C-onase 50 co^cuit =_~=ondary cable is 3sc40 in 2' conduit except run to ED-4c which is 3sc35 in 3" conduit secondary ------- Previous Plot Map No. .ax Code ~ ~ p~ U Type Pole/ Trench Ft Wire Ft. Feeder Ft. Field Location: M@~Idlan Dist. Office: Western Lines j Job Tt~e: The Landing #9 j Job Desc: U.G. to 54 Lots W°~` R`Q• c9608144.C No . F -N d MRDN-014 5 er o. ee voltege: coast. 12.5 kv Op. 12. kV N Di t By D°te State County ~ s . - Estimated 24- s ID Ada 33 Completed Section Township Runge Meridio ' Plat Map 13 3N 1 W B. M Plot Map No. (R-FILE) Work Order No Fdr. Map . ' 12 553 Entered - Funct. Locution W. Orc i NA R/W Permission Feeder Map (F-FILE) Mop 45 217 05- a o o• a' o• 18507-14 1 -- ~, n n T~rT.'~ 7) r n T~iTn D Tl n n n~ Q ~,r^ p 0 200 400 gheet ~ Of ~ ~~°ti MF CI OF MERIDIAN, BU DING DEPARTMENT 33 E. Idaho, Meridian, ID 83642 \B\,~ ~~4 887-2211 • Inspection Line 887-1155 1 i~L.Ef:.,?`RTi.~AL ~='E:RIYITT Tss~_teci: 1 Permit f<io: 11156 I SbJt~4f~R=CAF'f='L.TCA~i'T________.__________________-I~~F~[J~'Ft?T'Y l_UCATTt~~i________________________ T hl'TE RWEST r~E V!~Li:)i-=t~lEl~l`C 1 1 f_.A~IIJ T tuC #'~ f~ERTT~T,~N„ TD t~.a~~~+ T: S: CC1hIT RACTaR--________________________ AL_LOI,IAY El_ECTR T G' 14~`~ t~ROVE ST. BO T SE. T O 6~,7~ ~~Al..:,4Lh ~',~~7 1 Lot: L-~lock: Lonq Legal: 1 c ~_l I.7 : I F'arc l~lo I -DESTGiuER--------------------------------- ~R~JJEC'T T hlFf:~_______________________________________________ v -------------------- t~'ri Val~_~e: ~1~.8~~.~~ I TemA Service• =r^.i Type: i Residential Service: tJcc Tune: COI'~ll'~ERCTAL 1 !~~_imber of Rooms: Gcc C?r~c~: ncc Load: I Electrical Heat: Cnstr `!°~~ue: i N!~mber~ of Circ~_tlt5: Land [Jse: IQther:STREETLTGHTS i ~'RCJ.7ECl" f`l0`I`ES------------------------------------------------------------------- T hIS'1"ALLA`I` T Qhl OF S i. ~~ WAT"f S1" REETL T GHTS... L5, L 13, L 17, L 13 g L16g L~'~~~ L~:6 H1~'u L1~, L14~ P~~ L3 H9 I fr'Rt~JF'G'1" ~'E ES F~iSSESSMEh1T------------------------------------- ~__- e ___________-__- Amo~_~nt Faid• ~~. ~~ Tt]TAL EL.EC'TR T CAI_ FEE : ~ 1.84. ~~ Ha l ance I?~_ie : ~ 184. ~-~ IMPORTANT INFORMATION Inspection regUeStS must be made 24 hours prior to the need for inspection. Persons making the requests must provide the following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection, 5) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday - Friday, between 8:00 AM and 5:00 PM, excluding holidays. Other Permits are R@gUlr@d for the installation of any electrical wiring, plumbing piping and mechanical installations related to gas fired equipment. Permit Revocation/Expiration. The Building Official reserves the right to revoke any permit issued in error or on the basis of incorrect information. Permits expire in 180 days if: work is never commenced, or is discontinued for a period exceeding 180 days or 6 months. DeClaratiori -This permit is being issued subject to the ordinances and laws of the City of Meridian, and it is hereby agreed that the work to be performed will conform to the regulations pertaining and applicable thereto. Owner or Authorized Agent Date _~~ IZ FRANKLIN ROAD. . tat 13 ~ Ifs Sw-3 I THE LANDING ;t~7 i. i3 ~~ ..... . ~r-~`- SB-1 ,e a C ~. 19 1 5(~ A zo - ~ = I North 21 4 W E c ,.' is 2 23 ~ 24 I~ • 4" exists to here _~~ \ \/ /~ THE LANDI~ /~8 15 \ SW-3 D~ s C~ `~ ~~ „c -' .~ 1 15 . le I 17 ' a 18 rs 11 RD- stub-A1 " ~ Z ~ ~ Z 1-2 __. ~ .+ ~ N r:orES: RD-1 stub-~ 1-2• ~r'mary cable is 1/0 al 12.5 kv in 2" conduit h / -o ase ~C l0~ WATT tips S L. ~~I) ~E ?-ohase , C-ohase ` CO^CUIt s~=ondary cable is 3sc40 in 2" conduit except run to ED-4c which is 3sc35 in 3" conduit secondary ------- Previous Plat Map No. pax ~ Code ~ ~ 0~ U Type Pole/ Trench Ft Wire Ft. Feeder Ft. Reld Location: Meridian Dist. Office: Western Lines i Jab rtle: The Landing #9 i i Job Desc: U.G. to 54 Lots "'° No eQ' c9608144.C ~ Feeder-Na O M R D N - 014 5 k 12 ~ . p. Voltage: Const. 12 , 5 kv v . C t Nc Dist ~ BY Date State oun y . - ' Estimated 24- s I D Ada 33 Completed Section Township Range Meridio Plot Map 13 3 N 1 W B. M. ~ Plat Map No. (R-FlI.E) Work Order No. Fdr. Mop Entered 553-12 Funet. Location w. orc M ~ NA R/W Permission H Feeder Map (F-FlLE) ap .45 217 05~ i a• o' o 0 0• 18507-14 1 - - ~, n n r~r n. 7) rn r~Tn D TI n A n ~ i? 1.ld p O 200 400 Sheet ~ Of ~ _91 t2 FRANKLIN RDAD. • u i 73 SW-3 I j THE LANDING #7 THE LANDI~#8 /~ B~ ~ 4" exists to here /~ \ ,. 13 II ...~. r -fir-ter SB-1 ~ ,e 19 ~ i ~ 4 n ~~ A 20 i i 1 - 1 _ ~ North z, ; z6 zs z4 QO~~~Q Q~~~OQ t~~~~~Q t1.1 ~' ~ w ~- ~ r tJ.) ~ ~ r r Oa~~QOO~~paOO3~JOO ~gN~ ~~t1.1N a~~_ Z Z~ Z Z Z a c d ~o W E c i 4 i , 3 2 ' ' w. EID~.n DRNE , 23 ~ 24 ' ' 1 21 2 3b 4 ~ ~6 ~° e . ~ ; ~ b ,~ U ~ J 25 ~ ~ v ' t vi a N- 5 A 26 + W. HONKERS RNE ~, ' HD-1 0 i ~ ~i- i ~ io /p'===- ~' o +z 27 ~ 50 C ~ ~ ~ w ~ ~' ~ I I ~ L~ ~ O ~ ~~ O stub-At ~ ~ ~ 1-2" FZ- ~ ,3 u C ~ 15 __! - ,6 I ,. 3 ~~ 15 -- d ED-4 ,e 75 8 + ~~ + W. RUOOY D ~ „ ~ s RD- b ~ 1 ,e -- c 2 _ _. __ to .' In W NK~ r,orES: RD-1 stub c1 3 1-2 __ ~r;~ary cable is 1/0 al 12.5 kv in 2" conduit u ' o ~ 4 -phase ' ?-phase ~ 10~ WATT 1~Ps S,L. ~4~ - C-onose 50 co^cuit =_e:ondary cable is 3sc40 in 2" conduit except run to ED-4c which is 3sc35 in 3" conduit secondary ------- Previous Plat Map No. ~Ox ~ Code ~' ~ 0 ~U T e yp Pole/ Trench F Wire Ft. Feeder Ft. Field Location: Merldlan Oist. Office: Western Lines ~ Jab rtJe: The Landing #9 i Job Desc: U.G. to 54 Lots j ~ W°~` ReQ' c9608144.C No. voltage: coast. 12.5 kv op• 12.5 kv Feeder-N°• MRDN-014 B t D te St County Dist. Nc y a e a 33 - Estimated 24- 6 ~D Ada ~ Completed Section Township Range Meridio Plat Mop 13 3N 1 W B.M. ~ Plat Map No. (R-FILE) Work Order No. Fdr. Map 553-12 Funct Location w. arc Entered . F-FlLE) Ma ~ NA R/W Permission J U t P R R G t HWY Feeder Map ( p 45 21 7 C15 - j . . ov v . . . • ^ ^ ^ ^ ^ 1 $507- 14 1 - -~ nn nrn. T~ /ten r~IT/1 D tl n D n ~ Q ]I./d P 0 200 4UU Sheet ~ Of ~ CENTRAL •• DISTRICT ~I'rHEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 315-5211 • FAX 321-8500 To prevent and treat disease and disability; to promote healthy lifestyles; mtd to protect mrd promote the health acrd quality of our environment. 97-132 February 26, 1997 RECE~V'ED David Navarro MAR - 3199? Ada County Recorder 650 Main Street C~ ~F ~~~ Boise, ID 83702 RE: The Landing Subdivision #9. 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 Feburary 26, 1997. 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 TsLTr City of Meridian Mallard Landing L.L.C. Pacific Land Surveyors Serving Palley, Elmore, Boise, and Ada Counties Ada /Boise County Office Ada-WIC Satellite Office Elmore County Office Volley County Office 707 N. Armsrong PI. 1606 Roberts 520 E. 8th Street N. 703 N. 1 st Street Boise, ID 83704 Boise, ID 83705 Mountain Home, ID 83647 P.O. Box 1448 Enviro. Health: 327-7499 Ph. 334-3355 Enviro. Health: 587-3521 McCall, ID. 8°•638 Family Planning: 327-7400 FAX: 334-3355 Family Health: 587-4407 Ph. 634-7194 Immunizations: 327-7450 WIC: 587-4409 FAX: 634-2174 Senior Nutrition: 327-7460 FAX: 587-3521 WIC:327-7488 FAX: 327-8500 ~,~¢~ ~ ~ ~~,~ f I ~ !~ ~ ~ ~~Gf~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 January 19 9 7 Phones: Area Code 208 OFFICE: Nampa 466-7861 Keith JaCObS Boise 343-1884 PdclflC Land Surveyors SHOP: Nampa 466-0663 290 North Maple Grove Road Boise 345-2431 Boise, ID 83704 HE: The Landing Ydo. 9 Subdivision Dear Keith: Nampa & Meridian Irrigation District has completed review of the storm water run off in the above-referenced development. This meets with District requirements if built according to plans. The pressure urban irrigation system being installed in this development is to owned by the homeowners association so I will not comment on this at this time. Please feel free to contact me if you feel further discussion is necessary. Sincerely, ~ ~~'~ John P. Anderson, Water Superintendent JFA/dnm cc: File Each Director Secretary/Treasurer Asst. Secretary/Treasurer Bill Henson City of Meridian C~Op~( APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 • Meridian City Council August 6, 1996 Page 21 " Rountree: I understand. Morrow: I am in favor of pressing ahead of approval of the conditional use and getting on down the road but also at the same time making sure that those folk are notified by us the City of Meridian that it is their responsibility to look out for their own interest because they now are land locked on two sides and they need to be a little protective of their property rights. Rountree: I agree and I think we ought to do that in concert with the County since they are partners in this thing as well. Corrie: Any further discussion? Hearing none 1 will entertain a motion from Council. Morrow: Mr. Mayor, I would move that we approve the request for a conditional use permit for recreational automotive use by Lamont Kouba, also to instruct our staff to inform the property owners to the south, the Daley's and Johnson's of the situation that the properties are now land locked on the north end and east side and it is in their best interest to protect their property rights by representing themselves in any future actions that may come with surrounding properties. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley, you heard the motion any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINAL PLAT: THE LANDING SUBDIVISION NO. 9 BY LEON BLASER: Corrie: Is there a representative? Council any questions? Morrow: Mr. Mayor, I would just like to see a brief presentation concerning the property and the response. I know we have a written response that Mr. Jacobs has provided to us concerning the questions asked by staff. Jacobs: The general comments, I probably should identify myself, Keith Jacobs, Pacific Land Surveyors. We have reviewed these comments, general comments 1 through 8 and agree with them. We indicate that this is in the flood plain, flood plain X and it is only less than a foot deep and it shouldn't be a problem we can protect the homes from being flooded. We will of course submit our plans to Nampa Meridian Irrigation District and have them approve them and have the letter and agreement in that respect hopefully we can • • Meridian City Council August 6, 1996 Page 22 work out an agreement where Nampa Meridian this winter will place the Kennedy lateral in a pipe. They have done that in I believe Landing No. 7 when that was developed by Skyline. Existing ditches of course we will pipe, as I know it there aren't any domestic wells or septic systems on this property however there are some monitoring wells for ground water. I have data in our file as to where that ground water and it will be provided to Gary for this review. We will provide a restrictive covenants I presume it will be fashioned after what has been presented for the Landing N0. 7 and 8 and the other previously developments in the area. I am not aware of any restrictive covenants at this time or deed restrictions are this time. Pressure Irrigation will be provided in accordance with the City's ordinance it will be an extension of the existing Landing system. We will upgrade that system and make the improvements so it will not impact the existing owners and users of that system. Site specific comments, Gary has indicated that the plat generally conforms with the preliminary plat that was approved. Street name committee approval letter I haven't received that yet but as soon as we do we will provide the City with a copy and when we submit the final plat mylars to the City we will also submit another copy with that. Lot 19 we have adjusted it is not 70 foot on the frontage and we have deleted note #9. We have shown graphically the setback line on lots 14 though 16 on block 14. We deleted notes 12 and 13. We are negotiating the easement on the Kennedy lateral since it will be piped obviously Nampa Meridian will not require full width to be maintained for their access. The similar situation which we had worked out on The Landing No. 7. Street lights and street signs will be in place and fire hydrants active prior to building permits. We will then verify again the square footage of each lot and that verification will be submitted to the City for review. We have made the changes to the notes as noted in 10. Land surveyor has signed the front page and back page and the back page of the plat. We have revised the notes 2 and 4 as noted in item 12. We are in the process of completing the certificate of owners and the acknowledgement that we have complied with item 14. We have created a new note on the plat to cover a blanket easement for lot 15, block 9 which is a park and drainage pond. We will provide a letter from the Ada County Highway District accepting heavy maintenance of that particular lot with the homeowners association being responsible for the general upkeep of the landscaping. There will be a detailed landscape plan for that park area to work out the details between the pond will be and how it will flood into various storms that we have experienced in the valley. We have graphically shown the 5 foot wide permanent easement fro public utilities drainage and irrigation on the final as stated in item 18. We have added a symbol for those easement lines. We have shown the 50 dimensions on all roads and we did submit three copies of the revised first page. Do you have any other questions? Rountree: Just a question for Gary, do these comments respond to your concerns satisfactorily? • • Meridian City Council August 6, 1996 Page 23 ' Smith: Mr. Mayor and Council my associate Bruce Freckleton informed that everything was in accordance with what he had discussed in his review comments except for one item and that had to do with the Kennedy lateral. He talks about a common lot area and I don't know if that is something that has come up between, because I didn't question him whether this is something the irrigation district has brought up or if you are aware of it Keith? Jacobs: I am not aware of it, I would presume that would be the right of way that Nampa Meridian would want to maintain their pipe. Smith: On the Landing No. 7 they specified where a fence could be built in relation to the centerline of the ditch. It kind of created a no man's land in there. Property owners out there have been calling periodically and they are concerned about if I put my fence here and my property line is ten feet away who takes care of this ten feet. Well it is by plat their property and they are responsible for it. But, I don't know who is actually going to take care of it. I don't know if this common area thing is something that has come up since that point in time and in order to resolve who is going to maintain that area or if there is a fence line specified for this. Jacobs: We haven't worked out the details of that fence line yet, I presume it will be a similar situation as we experienced in number 7. We will need to work with Nampa Meridian and come up with some kind of common lot in there to cover that weed area which essentially it becomes because it is fenced out. We will have to deal with that through Nampa Meridian and we will get that ironed out before we come back to the City. And that will be in an agreement if we have to have an agreement for that setback, moving the fence, establishing where the fence is within that right of way or easement for the Kennedy lateral. Our experience has been with number 7 that the Nampa Meridian would not relinquish any of that easement that they now maintain through there. But they would allow us to occupy part of that easement and fence that within the lot and thereby creates part of a no man's land. So we will address that in that issue with them and it will be in that agreement and we will submit tha+ to the City. Smith: That was the only item that Bruce had any question on from Keith's response to his comments. Corrie: Thank you Gary. Crookston: With the land included in this, the Landing No. 9 that wasn't annexed individually was it, that was with some more land and that has been developed or could be developed? Jacobs: As I understand it the preliminary plat on this and the annexation went to the south • Meridian City Council August 6, 1996 Page 24 boundary or north boundary of I-84: So there is some land south of number 9 that is part of that original plat and annexation. Crookston: Are you meeting alt of the requirements of the findings of fact and conclusions of law regarding the entire area that was annexed? Jacobs: As I am aware of today yes. Morrow: Mr. Mayor, I would have a question of Shari, concerning this apparently there is a change of ownership in this particular phase from what was originally approved. Now does, is there an original development agreement that was put in place for this Landing area? Stiles: No there is not. Morrow: So there was no development agreement that these phases of the subdivision have to meet? Stiles: There was a preliminary plat approval for the entire Landing Subdivision that included all of the property clear to the Interstate, but the ordinance had not yet been passed when this property was annexed that would allow us to require a development agreement. Morrow: One follow up question, the homeowners association and CC&R's is there a master one of those in place for The Landing so that this phase would comply with that master? Stiles: There is a master in place that has been amended for each subsequent phase but I don't know if they are going to adopt the same covenants, I would imagine that they would for this phase. The nark that is shown as part of this development was pr~.-posed originally and has not yet been built at all. This phase does incorporate the park that was originally proposed to serve the entire area of the Landing. Jacobs: If I may, yes, we would have to amend the original CC&R's to include this particular and any agreements we would have to honor because we are intending to just be an extension of what has been built thus far and connecting into pressure irrigation system. If we aren't in tune with them I am sure that the people in the subdivision would not allow us in and we would be back before you. Morrow: I have a question with reference to this park that Shari is addressing, is it up to you to develop that park since that park ground is within the land that is being platted? • • Meridian City Council August 6, 1996 Page 25 " Jacobs: Yes that is correct, Morrow: Is there a set of specifications for the development of that park that would have to be met that exists? Jacobs: Not that I am aware of, if I may, under the Landing No. 8 there is a small portion of this total park that was to be developed at that phase and we are developing the remainder of that. We will work with the City to provide a park that is pleasing and may be able, if it is accepted into the City's system in the future if that ever happens. Morrow: I don't think so, I think the design here is that it is a subdivision park to be maintained by the homeowners association as opposed to being part of the City system. That is generally what we are doing with these neighborhood parks, Shari? Stiles: A condition of the approval of this entire project was that, the park was just a project improvement, it is also used for drainage so, it is too small. Tolsma: Mr. Mayor, I have a question for Shari, Shari, on the request for subdivision approval it lists the zoning classification as R-4 but it has the, and the minimum square footage for lots is 8000 feet but the minimum square footage for houses is 1100, is that a typo? Stiles: Councilman Tolsma, Mayor and Council, no that is not a typo, it is based on when the property was annexed and when it was preliminarily platted. That is those square footage are a condition of the annexation and a preliminary plat it is very difficult to try to enforce today's standard on something that has already been approved as a preliminary plat and annexed under a different ordinance. They are proceeding in an orderly manner and this is just the ninth phase of an already approved plat. Corrie: Any further questions? Crookston: Mr. Mayor, regarding that, I would have to look at the ordinances and possibly the State law but there may be provisions that if it is not developed within certain time periods that preliminary plat approval lapses. So it would apply to whatever, to my knowledge it would apply to whatever land was approved in the initial preliminary plat, do you know Shari? Stiles: They have developed this project in subsequent phases within a year of each other. The plat is not void, they did get an extension within the last year for the subsequent phase to come through. Another problem I see with trying to enforce a 1400 square foot minimum in this area is because the closer you get to the freeway the less desirable those • Meridian City Council August 6, 1996 Page 26 lots become. And I don't think people are going to want to come off Linder Road and go towards the freeways toward their homes when through 1100, 1200 1300 square foot homes to get a 1400 square foot home. It just doesn't seem to make any sense to me as to try and require that. They have gone in subsequent phases of one year and have got the appropriate extensions. Crookston: If the have the proper extensions that would (inaudible) Stiles: I believe the annexation ordinance itself also mentions the house size in this area. I couldn't guarantee that but I believe it does have some mention of the house size as a condition of the annexation. Crookston: Thank you Corrie: Any further discussion of Council? Morrow: Mr. Mayor, 1 would move that we approve the final plat for the Landing Subdivision No. 9 subject to all staff conditions, ACRD, Nampa Meridian conditions and pre-existing conditions which may be part of the findings of fact original preliminary plat and annexation ordinance for the Landing Subdivision. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that the final plat for Landing Subdivision No. 9 be approved subject to all conditions of the motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: ~=1NAL PLAT: CENTRAL VALLEY CORPORATE PARK NO.S (FORMERLY NO.6) BY RT NAHAS COMPANY: Corrie: Is there a representative from Central Valley Corporate Park here? Shari any comment or Gary? Stiles: Mr. Mayor and Council Mr. Nahas called me just prior to this meeting tonight and indicated he could not be here. He agreed with all of the conditions of staff and the agencies. If you are not familiar with this piece it is basically the same piece that has been platted previously only they are vacating a small culdesac in there to give them a little more flexibility on accesses and to better accommodate the occupants of those lots. We have received a letter from the applicant's representative agreeing to all of the comments MERIDIAN CITY COUNCIL MEETING: August 6 1996 APPLICANT: LEON BLASER ITEM NUMBER; 9 REQUEST• FINAL PLAT FOR THE LANDING SUBDMSION NO 9 AG NCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS 9~,~'e~ AID Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATNA. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: ~ COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA MERIDIAN E C CITY OF GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P A Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor July 31, 1996 To: Mayor and City Council From: Bruce Freckleton, Assistant to City Engineer C~_~~ Shari Stiles, P&Z Administrator ~` Re: THE LANDING NO. 9 SUBDIVISION (Final Plat - 55 Lots on 15.94 Acres by Interwest Development, Inc.) We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant for final plat approval: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. 5. Provide a statement as to whether the pressurized irrigation system in this development is to be owned and maintained by the irrigation district or the Homeowners Association. c:~o>~mce~wrwnv~aBtveRet.~Larmtt~ta,.t~r • Mayor and City Council July 31, 1996 Page 2 6. Submit letter from Nampa-Meridian Irrigation District for subdivision and pressurized irrigation design approval. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. 7. Indicate any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 8. Please address all items contained in this memorandum in writing, both General and Site Specific, and submit to the City Clerk's office prior to August 6, 1996. SITE SPECIFIC COMMENTS 1. 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. 3. Lot 19, Block 9, doesn't meet the minimum 70-foot street frontage required in an R-4 Zone. Adjust line between Lots 18 and 19 to comply. 4. Delete Note 9. 5. Graphically depict setback line on Lots 14-16, Block 14 (70-foot width at setback per Ordinance). 6. Delete Notes 12 and 13. A license agreement is to be entered into between the Developer and Nampa-Meridian Irrigation District and a permanent, 6-foot-high, non-combustible perimeter fence must be constructed prior to obtaining building permits, except where the City has agreed in writing that such fencing is not necessary. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. 7. Designate the negotiated easement area on the plat as a common area lot to be owned and maintained by the Homeowners Association. A:\LANDINCi9.FP C~ Mayor and City Council July 31, 1996 Page 3 8. Streetlights and street signs are to be in place and fire hydrants are to be active prior to obtaining building permits. 9. Verify that the net square footage of all lots meets or exceeds the minimum allowed in an R-4 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. The Kennedy Lateral must be piped in order for Lots 18-2?, Block 12, to meet the minimum lot square footage of 8,000 square feet 10. Change house size legend to read: "Minimum House Size, Excluding Garage, on Specific Lot ". 11. Land Surveyor preparing this plat needs to affix his stamp, signature and date to sheet 1. 12. Please add or revise the following notes: (2.) ...time of re-subdivision, or as allowed by Conditional Use. (4.) ...and irrigation easement, except as otherwise dimensioned. 13. Complete the Certificate of Owners and accompanying Acknowledgment. 14. The 28th line in the body of the legal description of the Certificate of Owners should read: "North 66°3'34" West " 15. Create a new note on the Plat map that creates a blanket easement on Lot 15, Block 9, in favor of the Ada County Highway District for the "Heavy Maintenance" of the storm water facilities. The Homeowners Association would own the lot, and maintain the landscaping. Provide the Public Works Department with written approvals from the Irrigation/Drainage District and/or other agency having jurisdiction, for any discharge of drainage water into their facilities. 16. Provide letter from Ada County Highway District accepting maintenance of drainage lot and adequacy of design. A:\LANDIN~9.FP Mayor and City Council July 31, 1996 Page 4 17. Applicant to submit detailed landscape plan of park area for approval prior to construction. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. 18. Graphically show five-foot-wide permanent easements for public utilities, drainage and irrigation along the subdivision boundary side of Lot 14, Block 9, Lot 12, Block 14, Lot 4, Block 16, Lot 14, Block 15, Lot 1, Block 13, Lot 1, Block 15, and Lots 27 & 18, Block 12, if these lines are to be side yards adjacent to another phase of this development. 19. Add the symbol for easement line to the plat legend. 20, Show a 50' dimension on each of the roads within this plat. 21. Submit three copies of the revised plat. A:\LANDDV(i9.FP HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Deparvnent (208) 887-2211 Motor Vefiicle/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: July 30, 1996 TRANSMITTAL DATE: 7/15/96 HEARING DATE: 8/6 /96 REQUEST: Final Plat for The Landing Subdivision No. 9 BY: Leon Blaser LOCATION OF PROPERTY OR PROJECT: South of The Landing Subdivision No. 8 JIM JOHNSON, P2 MALCOLM MACCOY, P/Z JIM SHEARER, P2 _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. VYEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GASP & FINAL PLAT) BUREAU OF RECLAIV~AT PRELIIW~~INAL PLAT) CITY FILES / / YOUR CONCISE ~~ ~ ~ 2 ~ 1996 CITY C1F MERIDIAN vi IAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (2t78) 887-2211 Motor Ve6icle/Drivets License (208y 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: July 30, 1996 TRANSMITTAL DATE: 7115!96 HEARING DATE: 8/6 /96 REQUEST: Final Plat for The Landing Subdivision No. 9 BY: Leon Blaser LOCATION OF PROPERTY OR PROJECT: South of The Landing Subdivision No. 8 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 ~'7EC F o v ~ (,~:y CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT , . ~ ~! jgte~. SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) ~I't°Y r.`f~ ,d~;14101~ f U.S. WEST(PI~LIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF I~CLAMATION(PRELIM & FINAL PLAT) CITY FILES p' OTHER: ~ ~ O " ~ !O YOUR CONCISE REMARKS: 6 l ~ /3/ w~G N~~ o ~Q ~,Qa~,~,~-~~ July 22, 1996 • ~ _ ~ .,F, , City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: The Landing Subdivision No. 9 Dear Councilmen: I have reviewed the application for The- Landing Subdivision No. 9 and find that it includes approximately 54 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. Elementary students from this development will be bussed to Ridgewood Elementary due to overcrowding at Meridian Elementary. Using the above information we can predict that -these homes, when ..completed, will house 12 .elementary aged children,' 10 middle school aged children, and 6 senior high aged students: 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 overcrowding in all three schools. There is little. opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds. $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your-help in dealing with the impact of growth on schools.. Sincerely, ~~~6~y Jim Carberry a Administrator of Support Programs JC:gr BOARD OF TRUSTEES Larry Andrews • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann SUPERINTENDENT Dr. Bob L. Haley -; k :. ' 4 r-.. CENTRAL C •• DISTRICT HEALTH DEPARTMENT Rezone # L DISTRICT HEALTH DE Environmental Health Division Conditional Prelimina Fina /Short Plat lt° ...~. `'f'~'~?4a3. ~s id,J .f/o. Return to: ^ Boise ^ Eagle ^ Garden city .,Meridian ^ Kuna ^ Acz ^ I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ^ community sewage system ^ community water ^ sewage dry lines ~-central water }® 10. Street Runoff is not to create a mosquito breeding problem. ^ II ^ 12. ^ 13 Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ? 12 ~j~ 15. Date: 7©,~,y,~,~.,~r ,~,~rjla~T~~y~ UJDEG/N~S /~ Reviewed By: ~TTf~~.D - Review Sheet fDHD IO191 rcD, rev. I/95 • r • • CENTRAL •• DISTRICT . ~RHEALTH . ~ ~0.~~0~ . ~~3~~„.F~:~» ' NWN OFflCE • 101 N. ARMSTRONG PL 80 DEPARTMENT To pttoertt ~ treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our' amh+alnthlt. STORMWATER MANAGEMENT RECOMII'1ENOATIONS 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 t ~o~ds be used fog groundwater and surface water degradation. Manuals tha guidance are: ~l) 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 MANAGEME Saving Valley Elmore Boise and Ada Cottntits wtc eow • M«fdon t3~-on caNtr otlc• 13more Counh Ot6e. votlrp cou~M aw eac tI16 a o Aaa ~ sob. tomy ~~ 1606 Aoberls 520 E 8m Street K d ~,,,,,~ ~, . . tD. 63636 McCoi 7W K Nmhonp Pl tD Bose Manton Home. ~. 1S0 S 4th Sheet E . PR 634.1191 Bose. b. 63101 Etwio. Heoilh 327.1499 . . 83105 PA. J34.3355 63617 Ph 5614407 Manton Hans. tD. 83641 Ph. 561.9225 faniY plorrir~ 321'7400 714 Aleridon. D. tmxrlaoMan 321.1450 83612 Ph. 866"6525 -111_ 2 9 199 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 4 July 19 9 6 Phones: Area Code 208 OFFICE: Nampa 466-7861 Attn: Will Berg Boise 343-t88a City of Meridian SHOP: Nampa 466-0663 33 East Idaho Boise 345-2431 Meridian, ID 83642 RS': ~'I?IAS: PIS.'" FOR THE L•AIdDIZ~G SUBrISlIBIOPd NO. 5 Nampa & Meridian Irrigation. District's Kennedy Lateral courses along the west boundary of the project. The right-of-way of the Kennedy Lateral is 55 feet: 35 feet to the right and 20 feet to the left of center facing downstream. See Idaho Code 42-1208--RIGHTS- OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at either 466-0663 or 345- 2431 for approval before any encroachment or change of right-of-way occurs. Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 343- 1884 or 466-7861 for further information. Modified easement under license agreement only. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. Sincerely, s~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH/dln pc: Water Superintendent File - Office File - Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • rhea & ~l~i~ ~Iantgatlo~ ?>io.Oztct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Keith L. Jacobs, Jr. Pacific Land Surveyors 290 North Maple Grove Road Boise, ID 83704 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use change Application for The Landing No. 9 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 Julius W. Basham II A. Leon Blaser City of Meridian enc. ~~ ~~ '~ `, ~ R ~ ~- 1~A~F~ ~ / APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 26 July 1996 ~ ~cFa _ - • AUG - 51996 gTY'OF MERiDUH 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 August 5,-1996 Mr. Bruce Freckleton, Assistant to City Engineer Ms. Shari Stiles, Planning & Zoning Administrator .City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Subject: The Landing No. 9 Subdivision City Review Comments Dear Bruce and Shari: The following is our response to your comments dated July 31, 1996 on the review of The Landing No. 9 Subdivision. General Comments 1. Any existing irrigation/drainage ditch crossing the property will be piped and thee. construction plans will be approved by the appropriate irrigation/drainage district. 2. This property does not contain any existing domestic wells or septic systems. 3. The seasonal high groundwater elevation has been established by the study for The Landing No. 8 Subdivision. That data will. be submitted for review. 4. A copy of the proposed restrictive covenants arld/or deed restrictions will be submitted for review. 5. The pressurized irrigation system will be an extension of the existing Landing pressurized irrigation system. The developer of The Landing No. 9 Subdivision will. upgrade the existing system, if necessary, to accommodate the additional load from The Landing No. 9 Subdivision. 6. The appropriate approval. letters will be submitted to the city of Meridian and bonding for required improvements will be provided prior to signature on the final plat. 7. This subdivision is not within Flood Zone X, where floods are less than one-foot deep. rLS-sor ss-s~~ Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation ! • City of Meridian Page 2 August 5, .1996 8. This letter is to comply with the request. Site Specific Comments 1. Comment accepted. 2. A copy of the Ada County Street-Name Committee's approval letter will be submitted as soon as we receive a copy. 3. Lot 19, Block 9 has been adjusted to a 70-foot street frontage. 4. Note No. 9 has been deleted from the final plat. 5. Setback lines are shown on Lots 14-16, Block 14. Setback lines are 7U-foot. minimum as measured along the chord. 6. Notes 12 and 13 were deleted from the final plat. The developer will construct a six-foot chain link fence and enter into a license agreement with Nampa & Meridian irrigation District prior to obtaining building permits. An appropriate bond will be in place for the improvements prior to signature on the final plat. 7. The negotiated easement area will be shown on the final plat. 8. Street lights and street signs °will be in place and fire hydrants will be active prior to obtaining building. permits. 9. The net square footages of all lots will be verified and the results submitted to the City. Lots 18-27, Block 12 will meet the. net square footage requirements exclusive of the Kennedy Lateral easement. 10. House. size has been changed to read "Minimum house size, excluding garage, on specific lot." 11. The first- sheet has been signed by a registered land surveyor. 12. Note No. 2 ,has been revised to include- "or as allowed by conditional use." Note No. 4 has been revised to include "except as otherwise dimensioned." 13. The Certificate of Owners and accompanying Acknowledgment is in the process of being completed. PLS-BOI 58-537 • • City of Meridian Page 3 August 5, 1996 14. The 28th line in the body of the legal .description of the Certificate of Owners has been revised to read "North 66°33'34" West". 15. Note No. 12 creates a blanket easement on Lot 15, Block 9 in favor of the Ada County Highway District for the "heavy maintenance" of the storm water facilities. The homeowners association will own and be responsible for maintenance of .landscaping. The approval letters for Lot 15, Block 9 will be submitted to the city of Meridian. 16. A letter of approval for the drainage design and accepting maintenance of the drainage lot by the Ada County Highway District will be submitted to the City. 17. A detailed landscape plan of the park area will be submitted for approval prior to construction. Bonding will be provided for the improvements prior to .signature on the final plat.:. 18. A five-foot wide permanent easement for public utilities, drainage and irrigation . along the subdivision boundary side of Lot 14, Block 9; Lot 12, Block 14; Lot 4, Block 16; Lot 14, Block 15; Lot 1, block 13; Lot 1, Block 15; Lot 27 and Lot 18, Block 12 is shown on the final plat. 19. The symbol for the easement line has been added to the plat legend. 2Q. The 50-foot roadway dimension is shown on the plat for each roadway. 21. Three copies ofthe-revised final plat are submitted with this letter. .Thank you for your time and consideration. Sincerel KLJamg PLS-BOI 58-537 Y~ PACIFIC LAND SURVEYORS A division of POWER Engineers, Inc. Keith L. Jacobs, Jr:, P. E. •, DRIVE ~ ~c~xvEv AUG - ~ 1996 qTY OF MER1DiAN 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 Lefter of Transmittal August 5, 1996 To: Mr. Will Berg City Clerk City of Meridian. 33 East Idaho Avenue, Meridian, Idaho 83642 Subject: The Landing Subdivision No. 9 Enclosed are the following items: Document'' Date' _.. Co ins Descrf tion 3 ea. Final Plat front and back 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 Pp R gineers, Inc. Keith L. Jacobs, Jr., P. E. KLJamg Enclosure(s) Sent Via: Delivered PLS-BOI 58-540 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation SUBDIVISION EVALUATION SHEET :Y -^. rs Proposed Development Name THE LANDING SUB NO. 9 Ciry MERIDIAN Date Reviewed 7/18/96 Preliminary Stage Final Engineer/Developer Johnson Engr./Skyline Corp. The Street name comments listed below are made by the members of the ADA COUNTY STREET NAMHJMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The followin„ existing street names shall appear on the plat as: "S. CINDER ROAD" "S. PELICAN WAY" "S. REDHEAD AVENUE" The following new street names are approved and shall appear on the plat as: "W. HONKER DRIVE" '1N. EIDER DRIVE" "W. RUDDY DRIVE" ,i~LJu~r~ {~r~ 'F1~ ~ \\ ,, ~l Y~I~/t ~{ ~, JCkT~ y~t'f--+~ 1 sG~l~ ~Q_ -L(1rr.cL~ ~ ~\ S• 14~USCG~ ;' ~4~N ~ ~ ~~ 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 mule secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMlTT G NCV R SENTATIVE3 OR DESIGNEES Ada County Engineer John Priest Date 7 Ada Planning Assoc. Terri Ray r ~ ~ '''- ~ ~ t- Date ~ ~ C - ~ - City of Meridian Meridian Fire Dept. Representative Date 7 /fS , Date 7-/~ 9 ~O NOTE: A copy of thisevaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N1W 13 Section NUMBERING OF LOTS AND BLOCKS r 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 July 16, 1993 Meridian City Council City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Subject: The Landing No. 9 Subdivision Dear. Council: We respectively. request approval of the. final plat of The Landing No. 9 Subdivision. This subdivision is a 54 single family lot subdivision with a 1.8 acre park lot on 15.95 acres. The park lot will be landscaped and will serve as a drainage lot. The drainage that collects within the public right-of--way will be temporally stored on the drainage lot. The storm water stored on the park lot will be discharged to the Landing drainage system at the pre-development rate. This Final Plat is in conformance with the approved preliminary plat and meets all requirements or conditions of the preliminary plat. This Final Plat is in conformance with all the requirements and provisions of the Meridian City Subdivision Ordinance. The Final Plat conforms with acceptable engineering, architectural and surveying practices and local standards. The development will be served by Meridian City water and sewer systems. Thank you for your time and consideration. Sincerely, Pacific Land Surveyors, a division of POWER En ineers, Inc. Keith L. Jacobs, Jr., P.E. PLS-BOI 58-40196 Pacific Land Surve~~ors, a division of POWER Engineers, Inc., an Idaho Corporation • • NOTICE OF RIGHT TO ACT' ON BRHALF OF PROPERTY OWNER July 10, 1996 Planning and Zoning Department City of Meridian RE: Mallard Landing Phase 9, and to include .all future Phases of Mallard Landing Subdivision To whom it may concern; As owner of the property described in the application as Mallard Landing Phase 9, I give my permission to Pacific Land Surveyors andlor lnterwest Devebpment Inc., to act on my behalf before the qty of Meridian in all aspects of the planning and plating process. As future phases are plated, permission to act on my behalf by those mentioned above is also granted. Dated this ~_ day of 1991 ._ ulius (Bill) Basham STATE OF IDAHO ) County of Ada :ss On this ~ day 1996, bef re me, a Notary Public in and for the State of Idaho, personally appeare lulown or identified to me to be the persons} whose name is/are subscri d to this Notice of Right to Act on Behalf of Property Owner, and acknowledged that she/he executed the same. I declare under penalty of perjury that theperson whose name is subscribed to this statement appears to be of sound mind and under no duress, fraud or undue influence. / ~ _. / No~arv Pu1bl~ for tbe`6tate of My t~bmmission expires: • 3 1s 3 j~_ } t ~ 8.1 t t[S;j ~~~jjj ~lj~ j`t j I~ ~' o ~6 rc g ~l~s. a 337~i~~ ~:'i : 1!! ~t!!!t ~~cFi3 - I I ... . r a sn a s ~~W xa~ l~ iit ~ ~~ ~ ZI'C88 ~~K.Z000 8 ~ s s 't ~ ~ ~ aak !~ ~ aaF EaaF ~aa~ ~ - --• a~ (ypF' _ M N pD~Z M .K.Z400 N ~ ~,~ ~~~ ~ B ~~ W g W p~,, F w ~~ ~ k . f;g ! ~f ~ ~ ~~ b ~ f ~ ~~ ~, ...... ems: ~ ` ~. ;~~ ~ '~. aF 3 P I ~ • '`,G~r. ~ I r ypp~~ S ~ ~~,' ~~ a ,.... •r.e. r..uoD 8 3 A..roW 8 ue .~ ~~ ~= i w ee er .r r., .r ~ ~ aa~ ~ a~ ~ aa~ ~ ~ ~ a~ !~ ~ aa ~ aaa~ ~ aa~ ; . . .. . .,, .. ......901k'^M ^ 8[ bm M .... ~~$ ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~ ~~ 1 ~W w~Y~~ ~ ~ ,4 e~sr ~~ ~~ ~~~ n~~nj~ s~ t4 • 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 July 16, 1993 Meridian City Council City of Meridian 3 3 ,East Idaho Avenue Meridian, Idaho 83642 Subject: The Landing No. 9 Subdivision Dear Council: We respectively request. approval of the final plat of The Landing No. 9 Subdivision. This subdivision is a 54 single family lot subdivision with a 1.8 acre park lot on 15.95 acres. The park iot will be landscaped and will serve as a drainage lot. The drainage that collects within the public right-of--way will be temporally stored on the drainage lot. The storm water stored on the park lot will be discharged to the Landing drainage system at the pre-development rate. This Final Plat is in conformance with the approved preliminary plat and meets all requirements or conditions of the preliminary plat. This Final Plat is in conformance with all the requirements and provisions of the Meridian City Subdivision Ordinance. The Final Plat conforms with acceptable engineering, architectural and surveying practices and local standards: The development will be served by Meridian City water and sewer systems. Thank you for your time and consideration. Sincerely, Pacific Land Surveyors, , a division of POWER En ineers, Inc. Keith. L. Jacobs, Jr., P.E. PLS-BOI 58-40196 Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation ~ ~ 1V0~'~CE OF RIGHT' ~'O ACS' 01V BEHALF OF PROPERTY OWNER July 10, 1996 Planning and Zoning Department amity of Meridian RE: Mallard Landing Phase 9, and to include all future Phases of Mallard Landing Subdivision To whom it may concern; As owner of the property described in the application as Mallard Landing Phase 9, I give my permission to Pacific Land Surveyors and/or Interwest Development Inc., to act on my behalf before the City of Meridian in all aspects of the planning and plating process. As future phases are plated, permission to act on my behalf by those mentioned above is also granted. Dated this ~_ day of 199 ulius (Bill) Basham STATE OF IDAHO } County of Ada :ss On this ~_ day 1996, bef re me, a Notary Public in and for the State of Idaho, personally appeare , known or identified to me to be the persons} whose name is/are subscri d to this Notice of Right to Act on Behalf of Property Owner, and acknowledged that she(he executed the same. I declare under penalty of perjury that theperson whose name is subscribed to this statement appears to be of sound nrind and under no duress, fraud or undue influence. , i i i } f F ~ ~ m ~ p aa3~ ~ \ ~ j~2t ~ ~~3ddA~ ~ ~ ~! ~ f ~~~~ ~~}F3~ ~ {~~ E~fij ~ ~ j~ jii~i# jib! j ~ 2 a ~ = a s 8 ~ ~ .. , . . . ~ . • e e e W ~F -~~w~ a tt1 a ~ `~ a om t - i! , ,.~.e , .....~,. E ~~ Wp~ ! ~~ ~ ~ i~ ~/ <'~i~ z ./ n^ e'/ H/ 3 O 3~Qp,~ f ,~w~pl ~~~i f ~ 'e 5 Wtll ~ wt ~I[ e1t .~- -- i ~ ~ 4 z _ ~ ~ .~ s ~ !i , 6 z$ J 3 ~~ ~., i ~~~ ~~A ~~ ~~ T ~, ~ ~ ~_____~ J v - --- ~ -- C~~inGr' ~ ~ ~-:-_c __ _ s~ /~/~~~ -- l~ boo o~~ --- - -~- ~~ _ ., /~ __ ---___, -- - - -- - ____. - ----- - - _ _ ; -- 711. ~~' / 8 ~' 2~G 6 ~~: ~ ~- , - --- - - -_ - x-36 ~5~ 29'5, DD ' / g o ~ ~~~: ---- - _ Z ~ j' _ 500 ` - -- ~ 7O~ 55' -- - - _ ___ ---- - - ~D2_~ 36 ' - - 2 / tel. 9~' 1704 ~~' .._-------/~Z3.36 r __ __~ -- --- __ -- - ~I o~l~~ ~~• X~ clscc~/~ ~~ GQ~ oey o< .~~ u ~~ l ~ `~ ~2~ ~~ r --- - -~ __ _ __ _ _- --_ ---- ~ /~ ~ 4 2.78 - ~ /, ~ o ,.r -- - - ~ ~~027 0~ v~3, 22,0© ~~~c- o~ ~edi~ __._ __ - f rY~ s-~ ~r Z ' Key'~ank ~Al 6iM Atll.l\AAf11F\AA~I ~i\141fA\1 A[I !!\A 4~4\A AL 4 \4Cf1f1\C CIY IA\C CfY JAVA 611'61\CCf1111A CfYlA\[N4%CCf!'!A\iCF11A\CC[YIA\I AF14lH IfY 1\\Y CfY IA\A[[Y 61YC CfYM\A CFY 61\I AIY AI1CCfY Y\CItY,l1C AFYkVC N'IAVCIfY IIW SfY N1i lEY l\\C C[C IA\I CIYU KEYBANK NATIONAL ASSOCIATION ISSUE DATE: JUNE 24, 1997 BOISE, IDAHO IRREVOCABLE STANDBY LETTER OF CREDIT - NUMBER WSL790251 APPLICANT BENEFICIARY PIALLARD LANDING LLC CITY OF MERIDIAN 3350 AMERICANA N0. 200 33 EAST IDAHO BOISE, ID 83706 MERIDIAN, ID 83642 = AMOUNT: USll59,307.25 EXPIRATION: JUNE 1, 1998 - Fifty Nine Thousand Three Hundred AT THE COUNTERS OF KEYBANK a Seven US Do1J_ars and Twenty Five Cents NATIONAL ASSOCIATION INTERNATIONAL DIVISION- - 700 FIFTH AVENUE, 53RD FLOOR - SEATTLE, WASHINGTON 98104 We hereby issue our Irrevocable Standby Letter of Credit number WSL790251 f USU59 307 25 (Fift N'n Th d Th H d d S US D 11 d or y i e ousan ree un re even o ors an Twenty Five Cents Only). Credit is available with us by payment of draft(s) at sight drawn on KeyBank National Association, Boise, Idaho bearing this and accompanied by the documents detailed herein: 1. Beneficiary's statement purportedly signed by an authorized individual of City of Meridian certifying "The Developer has defaulted and failed to perform completion of Kennedy Lateral Tiling improvements as required in the development of Mallard Landing Number 9." 2. The original of this Letter of Credit and any subsequent amendments. SPECIAL CONDITIONS: Partial drawings are permitted. All bank charges other than those of KeyBank National Association, Idaho are for the account- of the Beneficiary. We hereby engage with the drawers of drafts drawn under and in compliance with the terms of this Credit that the same shall be duly honored on due presentation and delivery of documents as specified to KeyBank National Association, International Division, 700 Fifth Avenue, 53rd Floor, Seattle, Washington 98104 on or before the expiration date. Presentation and delivery of documents may also be made at: KeyBank National Association, International Division, 702 W. Idaho, 2nd Floor, Boise, Idaho 83701. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication Number 500. Please direct any inquiries with regard to this Letter of Credit to KeyBank National Association, International Division, 700 Fifth Avenue, 53rd Floor, Seattle, Washington 98104, (206) 684-6458. l/lJr ~'y/ ~ _ ~!i ~ f~~ _ Authorized Signature Authorized S gnature VCFl li\lAFl li\C IFl IIU[Fll~\1IFl 41\l[Fl!A\C AII!i\C[I,61\IAI:!A\AAfY 6i1C 1I11~\1[Fl!A\[CFl!I\C CfY'!A\A Cf1 ..1 C[[A11A Af1!~\l f1 CAS. ILK AFlA~ A(~.•A\ACF 6111 Cl16 YA AE1lau AFl l6\ACFl 6i\IN'!.1\x CFl IA11 CI1'~1I[t1 l~H CLYli1AlF1lA\CCi16111111'li\14l!~\11f111\C 1E16111 C[l i~\A Af~E AA A\A A~'l~\A A:i \F ~F ~n~. ~~~ ~~... i .,;~ ,~~.~„~.~.: .~. HEV. 6/96 THE FACE OF THIS DOCUMENT HAS A GRAY PANTOGRAPH BACKGROUND Member FDIC R~C~~''t~'~~ BITTERROOT CONSTRUCTION, INC. 2106 Chippewa Boise, 148ho A3708 (208) 342-0100 PROPOSAL SUBrITTFD TO ~~ STREET 3350 ~6 CITY, STATE AND ZIP CODE ARCHITECT JUN 2 ti 1997 P r o p o s a l C!1'Y of 1~~~AK Page No. ~ of ~ Pages PHONE DATE 385 - oSSB 6-23.E-T JOB NAIVE LI-wLD uJlss ''~ R $tt ~>t Zvi sc of JOB LOCATION 37 -xbtrac~..[, ~~Mv DATE OF PtJIMS JOB PHONE we ncroov Groooso ru lurn~an ,neMneul ena utwr ntlteasen ror lM eomplstion of - ~-~-~ c- AcsT //~I ~~IST' ~1Ga al ~ t'rt.N uJtcc,upit-JC, bAcACF~ttt ~ct~,c~ DE~cQ~r- ~ ptov~ ~E P~P~ ram ~iaaa~._- WE PROPOSE hereby to furnish material and labor - comalete In atcOra~nee with above spptiflgtlOM, for the sum of: men All rnaisrtal Is gue-anreeo ro ea as sDsclrlsO. All work to De eomplete0 Ina suD- stantial warkminllke manner aeeereinp t0 sGSCI(ICatlons suDmlttea, Der standard Coztzlwlll ~nsxsautedlonlYrupOnawrajttenoorOen~an0 w111fDeeome an extra cnargs over and above th• estlmaN. All agreements contingent uDOn stri4es. OeClOents or nelar5 beyond our G~ntr01, OWne/ t0 Garry fire, tornado and Otne/ Mt:el~arY in• surance. our wo.kers are Cully coveraa DY workmen's Compsnsetton Insurance, ACCEPTANCE OF PROPOSAL rna above :Ions are sailctactory anu ars hareoY aCCepl~C, voulari sutnoHtedtQ dpnth~ work rs speclfteA. Oeyrnent w111 D~ meas as outline above. Date of AcceptAna: Dollars I~a`l -I ~ ~Q i Authorited~. Si~natun Nvte: This proposatl m~i De witDdptrll Dy us d not 7CaDNt1 ~lthln flays. Sitnatlura Z0 ~9~d ONI 15N00 100~i~J311I3 896L-TEE-80Z 8E~9T ?66TjEZ/90 °~ i I I J ~ I i .~ ~ ~ a ~ ~ ~~ ~ ~ ~ rL~ _ ,a' -~' ~ ~) A ~ ~ ~ C •v \ ~ ~ ~ r ~ G '~ N M Y C ~ J ~ C] I .7. ,1 (WW1 r ~ ~ ~~: t , I ~ _ w ~- 3AIH4 .lAO~S[1W 'S - - - 4 - :~ _ / is I S i M S _. ( N3Atl CV8HQ8t1_S J (w -~}-- - - 11 V~ i ,~ 'K ~ I ~ ~ = I ~b ~~ o v ~~ ~ _ ~a i / - ~~ I N a n o a / w o~ w N ~ m i~~ w I M / N ~ a ~ N °~ ~ i i ~ - N M W GG ~ ~ ~ ~ W N N N P! z -y ~ r ,° M ~ x 3 _ _ _ _ _ _ AtlY Plv~r73d ~S I O I o~ rn o .. N n ~ .n ~ n ~ N N N N N N ^! C! I - - _~ ~ ~d~ ~- - -_ - _ - _ _ - - 3°r~ -~a~ ~_ ~ ~ „0-,9 - a ac } H KeyBank A!1 e.l\A An eA\A Aft it \1 Ail el\A AfI l1\AAn 1.1\A\n t1A A11114A4n I~:1pI tYA Ant 1A In l1Y1 An el\A 4l51AN Cn 11YA1n tY4 All IA1CN tYC In tHN t\l4n IA1AY11 elY{lI1 t,Yt4n IA\AIIY61.144IY tY4 elY tLL4tttYt 4FY tY{tn t\4N tY44n ll\[II1 tLLN tll4el IIUN tMIFt'eA\A CfY t1 KEYBANK NATIONAL ASSOCIATION BOISE, IDAHO ISSUE DATE: MAY 29, 1997 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER WSL790202 APPLICANT BENEFICIARY '- MALLARD LANDING LLC CITY OF MERIDIAN 3350 AMERICANA TERRACE, SUITE 200 33 EAST IDAHO n BOISE IDAHO 83706 e ,~ ;;1,. ~.L~..-.A " y ~~:r {In e MERIDIAN, IDAHO 83642 AMOUNT: EXPIRATION: MAY 29, 1998 USD53,220.00 AT THE COUNTERS OF KEYBANK Fifty Three Thousand Two Hundred NATIONAL ASSOCIATION Twenty U.S. Dollars Only INTERNATIONAL DIVISION 700 FIFTH AVENUE, 53RD FLOOR SEATTLE, WASHINGTON 98104 We hereby issue our Irrevocable Standby Letter of Credit number WSL790202 for USD53,220.00 (Fifty Three Thousand Two Hundred Twenty U.S. Dollars Only) Credit is available with us by payment of draft(s) drawn at sight on KeyBank National Association, Boise, Idaho, bearing this letter of credit number and accompanied by the documents detailed herein: 1. Beneficiary's statement purportedly signed by an authorized individual of the City of Meridian certifying: "Mallard Landing LLC has defaulted and failed to perform completion of fence, lights, landscaping, park & irrigation improvements as required in the development of Mallard Landing 9." 2. The original of this Letter of Credit and any subsequent amendments. SPECIAL CONDITIONS: Partial drawings are permitted. All bank charges other than those of KeyBank National Association are for the account of the beneficiary. We hereby engage with the drawers of drafts drawn under and in compliance with the terms of this Credit that the same shall be duly honored on due presentation and delivery of documents as specified to KeyBank National Association, International Division, 700 Fifth Avenue, 53rd Floor, Seattle, Washington 98104 on or before the expiration date. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication Number 500. Please direct any inquiries with regard to this Letter of Credit to KeyBank National Association, International Division, 700 Fifth Avenue, 53rd Floor, Seattle, Washington 98104, (206) 4-6458. GW/~ Authorized Signature ~? ~~~- Authorized Signature ¢onucnu\4m llYttn eAauruu mu\tcnu\Atn'u\4 ne uartu4nel\un el\etnlnecn el\une\YAAnla4Cn t+nneaA An u\44nluACn en4mu\Ame~Y4m uLL4ne1Y4muemelwm u\AC~e\emee.un'u\Amenune ~Am uu4z elwul u\AU!nlAn .. !. \A U•?au! ._. \o ?oAA'1. Au•\.r A.....\., ., THE FACE OF THIS DOCUMENT HAS A GRAY PANTOGRAPH BACKGROUND Member FDIC 11 12 GRANKUN ROAa. to t3 ~ SW-3 THE LANDING #7 .~,.. ~-I ~ t9 i s ~ 4 A 20 ii _ tt -_ i __ i North 21 ;~ W~E c t4.~ t3 2 23 ~ 24 4" exists to here i\ \ \/ THE LANDING /JS 1-2• ~~^iary cable is 1/0 al 12.5 kv in 2" conduit -phase _-chase ~C 10~ WATT FOPS S,L. ~q~ ~ C-o~ase conduit s~dondary cable is 3sc40 in 2" conduit except run to ED-4c which is 3sc35 in 3~ conduit secondary ------- D~ ot.a ~.__ a_ RD- I ~ ax Code KV. ~ O/ U Type Pole/ Trench Ft Wire Ft. Feeder Ft. Field Location: Meridian Dist. Office: Western Lines Jab Title: The Landin #9 g ,' .lob Desc: U.G. t0 ~J4 LOtS Wor eq. 96O8144 C No . C Voltage: Const. 12. `J kV OP• 12,5 kV Feeder-No. MRDN-O14 BY Date State County Dist. N. Estimated 24- 6 ~D Ada 33 Completed Section Township Range Meridic ' Plat Map 13 3 N 1 W M B . Pl t M N R F1 ~ Fdr. Map a - a o. LF P ( ) Work Order No. Entered 553-12 Funct. Location w. orc i NA R/W Permission Feeder Map (F-FILE) Map _ ~ Gaut. Pvt R.R. H"7• J.U. ^ ^ ^ ^ ^ 1 S S O 7 -14 1 4J 2 1 7 ~ 5 t5 16 77 a 18 - -~. nn nrT, n nrl 7.IT/1 D Ir /1 p 1l ,L•+p ]l,fn p 0 200 400 Sheet ) Of ~ MAY 2 8 ~~~7 ~'flt ®F ~E~I1~IA~s INTEROFFICE MEMORANDUM To: Will Berg, Jr. -City Clerlc ~(,tatLtit - ~Y 7 Uvvt. CC: File -Charles Eddy (Pacific Land Surveyors) lh ~a~n~ u^^-~- From: Gary D. Smith, PE ~ dl~ Nr Date: May 28, 1997 ~~f b Subject: The Landing Subdivision No.9 -Final Plat Mylars. Will: I have checked this final plat in accordance with our plat review comments and find that the applicant has made the requested changes and as such I have this day sealed and signed sheet no.2 in the appropriate place. I have talked with Charles Eddy of Pacific Land Surveyors about. some comments I made in a transmittal to Keith Jacobs on May 15, 1997 (copy attached) and he informs me that the status is as follows: 1. He is getting the approval from the Landing Homeowner's Assoc. for connection of this subdivision to the existing system. He will verify that the system is complete. 2. He will talk to Shari to make sure the park landscape plan has her approval. He submitted a bid for the park. improvements. He will submit a letter of credit to you for 110% of the bid amount. 3. He will submit a contractors bid for the required fencing (temporary and permanent) to you along with a letter of credit for 1 10% of the bid amount. 4. Keith Jacobs is working on finalizing the operations and maintenance manual for the pressurized irrigation system. 5. He has requested the IPCO junction box layout so that the exact number of street lights can be determined. I told him that he needs to submit a letter of credit for the street lights to you in the amount of $1500. per light. 6. He has submitted a copy of the proposed amendment to the existing CCR's of which a copy is attached for yours and Shari's information. FROM 1~IF DESK OF... VARY D. SMITH, PE PUBLIC WORKS DIRECTOR CTT'Y OF MERIDIAN 33 E. IDAHO MERIDIAN, IDAHO 83642 aoa-ss~-z2I I Fax 208-887-1297 or 208-88 i -81'3 /~~-- Post-it® Fax Note 7671 Date S q-~ pa°ge s ~ 1 To /y /, . fi L ( ~ - ~-~ From ~~7~1'Lt.(-(n. Co./ Dept. I ~+ (~ Co. e/ ~ • O~L'i Phone # Phone # Fax # ? ~ ~O Fax # CI'TYr OF MERIDLAN PUBLIC WORKS DEPARTMENT LETTER OF TR.A.NSMITTAL May 15, 1997 To: Mr. Keith Jacobs, PE Pacific Land Surveyors 290 N. Maple Grove Rd. Boise, Idaho 83704 From: Gary D. Smith, PE Public Works Director Subject: The Landing Subdivision No.9 -Final Plat Mylar Enclosed are the following- 5/15/97 Mylar sheet no. l -final plat These are transmitted: ^ For your X For action information below ^ For review ^ For your use ^ As requested and comment ,~i-Remarks: Keith: My review comments for you on mylar sheet no. l are as follows: /D ~ 1. Show the centerline of the Kennedy Lateral at 35 feet from the east edge of the 12 foot .wide rear lot easement. +~,e ~ 2. See if you can rework the wording in note 8 to state that "no buildings, fences, trees or shrubs are allowed within the ACHD drainage easement. " This has been standard language that they have required on other subs in particular Landing No.8. ~~~~~~3. Fill in the blank in note 11 and note 14. Additionally: ~.--_-- ~ ~' I need verification that the pressure irrigation system is complete and that the Landing Homeowner's Association has approved the connection of this subdivision to the system. You indicate a landscape plan for the open area has been submitted to Shari for review. ~- Please check with her to see if it is approved and then we need to have a contractors bid amount from the developer for bonding purposes. Please submit a contractors bid and bond for a temporary fence along the boundary that is adjacent to the next phase of this subdivision and a permanent fence along the exterior boundaries not adjacent to future phases of this subdivision. ~ ~ Submit a draft copy of an operation and maintenance manual for the pressure imgation system. A listing of what should be included in this manual was previously transmitted to you however, I am including another copy for your convenience. _ S~.% Submit a power design drawing from IPCO showing junction boxes so that the exact number and location of street lights can be determined and the corresponding bonding amount. ~OK ~~ 6. Submit a copy of the CC&Rs and or deed restrictions for review. Copy to: File Signed: 33 East Idaho Avenue Meridian, Idaho 83642.2600 (208) 887-2211 Fax (208) 887-1297 BID PROPOSAL May 18, 1997 Stone Creation 6951 E. Highland Valley Rd Boise, Idaho 83712 Mallard Land' ~' 9 Landscaping & Rocks for Park Crrass 56000 sq ft. ~a 5¢ Shrubs Trees 30 ~7a $70/tree Sprinkler system Total Bid 2800.00 1500.00 2100.00 8500.00 14,900.00 AECE7'VEa MAY 2 8 1997 FR031TTIER FE'3VCE 1602 BROADWAY BOISE, ID 83706 (208) 344-5817 CHAIN LINK, WOOD, ORNAMENTAL IRON FENCES ~~eon 4~ ~ s er Address Phone Address ao r+.u t.u a t.r~,y /l YKL yabf aa.p.ciGW Main - / ~ Q (/ tin, Il. FENCE HEIGHT OVERALL r ~ Il. RECEIVED MpY 2 8 1997 CITY p COMMERCIAL RESIDENTIAL INDUSTRIAL r City 1 ?" v ~ S -( iS,~ G Date -aa - ~ 7 7 In. high ~~ tin. Il. complete tents tin. It. tents mesh, appr. In. high na rWO.A u~vC rVJI ~ ~~ , .. for tents, to be O.D. Sel in { .`,,,,,°°'°°' Q "p^ LINE POST Itr F n to a~ fQ C ~ for tents, to be O.D. Sel in ~ .... ,`.,~,°°°" "~^ ~ LINE POST 'Ph rG ~r/r f for tents, to be O.D. Set kt ~ :r.w. `,o;,a"°~` ~ "^•^ DIAGRAM: TOP RAIL ~ ,/ i D I o r L, O.D. BRACES O.D. TO ND/OR BOTT M TENSION WIRE GA. CORNER POSTS 0.0. set in r~ r rn,er. CORNER POSTS ~ ~ r~ r W END POSTS o.o. .silo .~.,. W ~ O.D. Set In nr m,,,.. N END POSTS ~ 0.0. Set in ~ r. r GATE POSTS O.D. Set M .ww GATE POSTS O.D. Set in Ft r GATE POSTS O.D. Set in ar aew OD. Gala Ht. Opening Frams o.o. Gab Hl. Opening Frams O.D. For which I (we) agree to pay FRONTIER FENCE or order, the sum of Dollars (S ) lawlul money of the United Stales, and agree That said Ience and the property aforesaid shall al all times remain the property of FRONTIER FENCE until the purchase price has been lully paid, and that said FRONTIER FENCE reserves the right to remove said property regardless of the manner in which the same might be attached to the realty, at any time that said contract herein is in default. II collection is made by suit or otherwise, or in the event it is necessary to employ an attorney or agency for the collection of the account, I (we) agree to lurther pay legal interest until said account is fully paid together with all costs including reasonable attorney's lees. PROPERTY LINES are to be established by the owner and lurther, FRONTIER FENCE will in no way be responsible for establishing said property lines. FF7pNTIER FENCE is not responsible br damage to hidden pipe lines or underground objects. ACCEPTANCE: The above proposal, when accepted by FRONTIER FENCE a! its ollice, becomes a contract between the tv:o parties and is rot sub- ject to cancellation. Any lost time arising as a result of changes in plot diagram alter agreed on as above shall be the customer's responsibility. NOTICE: `Under the Mechanics' Lien Law, any contractor, subcontractor, laborer, supplier or other person who helps to improve your property but is not paid for his work or supplies, has a right to enlorce a claim against your property. This means That alter a court hearing, your property could be sold by a court olficer and the proceeds of the sale used Io satisly the indebtedness. This can happen even it you have paid your own contractor in lull, if the subcontractor, laborer, or supplier remains unpaid.' Price quoted does not include any lees or permits. Terms: Accepted Submitted by ~;~~ l~ ~ ~y Accepted FRONTIER FENCE EIGHT AMENDMENT AND SUPPLEMENTAL DECLARATION TO MASTER DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR RECEIVED THE LANDING SUBDIVISION (To Annex The Landing Na. 9) MAY 2 8 997 RECITALS ~q~gly CITY ENCaINEER WHEREAS, Then: has been recorded by Edward A. Johnson and Janice M Johnson, as Grantor, a Master Declaration of Covenants, Conditions, P.estrictions and Easements for The Landing Subdivision dated May 15,,, 1991, recorded May 29, 1991, as Instrument No. 9127812, records of Ada County, Idaho„ a First Amendment to Master Declaration of Covenants, Conditions, Restrictions and Easements for The Landing Subdivision, dated January 10, 1992, recorded January 28, 1992, as Instrument No. 9205314, records of Ada County, Idaho; a Second Amendment to Master Declaration of Cavenants, Conditions, Restrictions and Easements for The Landing Subdivision, dated May 1, 1992, recorded June 5, 1992, as Instrument No. 9236540, records ofAda County, Idaho; a Third Amendment to MasterDeclaration of Covenants, Conditions, Restrictions and Easements for The Landing Subdivision, dated April 1, 1993, recorded June 10, 1993, as Instrument No. 9344352, records of Ada County, Idaho; a Fourth Amendment to Master Declaration of Cavenants, Conditions, Restrictions and Easements for The LandingSubdivision, dated May 1,1993, recorded June 18, 1993, as Instnrment No. 9347564, records of Ada Cbunty, Idaho; and a Fifth Amendment to Master Declarationof Covenants,Conditions, Restrictions and Easements for The. Landing Subdivision,dated August 1, 1993, recorded August 19, 1993, as Instrument No. 9367861, records of Ada County, Idaho; and a Sixth Amendment m Master Declaration of Covenants, Conditions, Restrictions and Easements for The Landing Subdivision, dated March 15, 1995, recorded June 22, 1995, as Instnunent No. 95042251, records of Ada County, Idaho; and a Seventh Amendment to Master Declaration of Covenants, Conditions, P.cstrictions and Easements for The Landing Subdivision, dated November 29, 1995, recorded November 31, 1995, as Instrument No. 194 80 017 41, records of Ada County, Idaho;( which Master Declaration, as amended is herea fter called "Master Declaration"); WHEREAS, the Mallard Landing LLC, an Idaho Limited Liability Corporation, s the successor in interest to the above-named Grantor, WHEREAS, the Master Declaration allows for the annexation of additional property to the Landing Subdivision, which additional property, when annexed, is brought within the provisions of the Master Declaration; and WHEREAS, the purpose of this Eight Amendment is to annex the additional property hereafter described, and upon such annexation m subject such. additional property to all the terms, covenants, conditions, restrictions and easements contained in the Master Declaration. The property which is covered by this Eight Arnendrnent and which shall be annexed under the Master Declaratian is that real property described as follows: Lots 18 through and including 27 of BlocL- 12; Lots 14 through and including 27 of Block 9, Lots 12 through and including 18 of Block 14; Lots 1 through and including 4 of Block 16, Lots 1 through and including 14 of Block 1S; Lots 1 through and including 18 of Block 13, THE LANDING SUBDIVISION NO. 9, according to the official plat thereof filed in Book , of Plats _, at Pages and _, records of Ada County, Idaho. ARTICLE II -DEFT ',D T ,RATS Unless the context otherwise specifies or requires, the words; and phrases in this Eight Amendment shall have the same meaning as such words and phrases are defined in the Master Dedaration. Pursuant to Section 12.01 of the Master Declaration, the Grantor hen:by declares that the Annexed Property is annexed ba the Landing Subdivision and brought within the provisions of the Master Dedaration, and is hereby made subject m all the covenants, conditions, restrictions and easements of the Master Declaration. ARTICLE V - PERMITTEn ~ & PE FORMANC`F ~TANnARnS Minimum Building Size: Referto official plat of the Landing Subdivision No.9 for minimum bur~ding size for eadr bt Qualifying minimum square footage is elusive of garage, patios, and porches. Pathways: Lot 15 Block 9 is a park and contains a pedestrian pathway . This bt is owned by, and is to be maintained by The Landing Homeowner's Association. Paris: Lot 15 of Block 9 is a private park and largerevent storm water retention area. This bt is owned by, and is b be maintained by The Landing Homeowner's Association. The Eighth Amendment shall be effective from and after the data it is recorded in the official Records of Ada County, Idaho. IN WITNESS THEREOF, the undersigned, being the successor to the original Grantor under the Master Declaration, and pursuant ~ Section 12A1 of the Master Declaration, has executed this Eight Amendment as of the date and year first above written. - SUCCESSOR GRANTOR: Mallard Landing LJ.~, an Idaho Lim By; State of Idaho ) County of Ada ) Leon Blaser, President On this thev?`.~ day of 1997, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Leon Blaser, personally known to me (or provided to me on the basisofsatisfactoryevidence)tobethePr ident,ofMallardLandingL.L.C.LimitedLiabilityCorporation whose name is subscribed m the within instrument and adnowlcdgcd to me that he eaarcutcd the sarnc. WITNESS my hand and ofI"rcial seal. ,~~ ~ r 4 = • n ~ ~ ~•® G . A L ID„ UI3L `rp'~ •`•••ooo•°• ~1`' ~~~~ Jt~ooa~caeirsc Nota~Publ rn and'for the St to of Resid' at ise, Idaho My Cornmrssion expires 9/4/2002 Post-it® Fax Note To j Cyr y ~~.; Co./Dept. Phone # May 29, 1997 To whom it may concern, Fax # r- ~ 7871 'Date .- ; ,. # of ~ ? : ~: 7 pages ~ from n t ~~~ Co. ~ 1~ i- Phone # =~ = 1 _ i % ! . ti Fax # We the board of directors of the Mallard Landing Subdivision, accept and approve the pressurized irrigation system as it exists. We would like to ask that the basketball court be postponed until our park committee is completed with its recommendations. We have approved the shrubbery and landscaping as out line by developer. Sincerely, Board of Directors Mike Madson ~J ~/ ~ ~, Mi e Kir e ~i I ~ r V . "`. .... ~ J i~lAh1PA & h1cR(DIAi~i IRRIGATION DISTRICT '97 r=~ ~ -~~~ ~ n Lu b 11!i -J ~~ LICENSE AC-REEMENT RECEIVED MAR ~ 1 try r PLS LICENSE AGREEMENT, made and entered into this ~ day of 1997, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and .existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and MALLARD LANDING, L.L.C., a limited liability company, 3350 Americana Terrace, Suite 100, Boise, Idaho 83706 party or parties of the second part, hereinafter referred to as the "Licensee", W I T ICI E S~ E T H WHEREAS, the Licensee is the owner of the real property (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District is the owner of the irrigation ditch or canal known as KENNEDY LATERAL (hereinafter referred to as "ditch or canal"), an integral part of the irrigation works and system of the District, together with an easement therefor which includes easements to convey irrigation water, to operate and maintain the ditch or canal, and for ingress and egress for those purposes, and which ditch or canal and said easements therefor cross and intersect said described real property of the Licensee as shown on Exhibit B attached 'Hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses; LICENSE AGREEMENT - Page 1 NOW, THEREFORE, for ar_d in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and b;r this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe on the Licensee`s property, or otherwise alter the ditch or canal in-any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee) shall be const racted, installed, operated, and maintained at all times by the Licensee and at the cost and expense of the Licensee. 4. The Licensee agrees to construct, install, operate, and maintain each facility in a safe manner and condition so that it will not constitute or cause a hazard to any person or property. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any hazard or unsafe condition in or arising from the construction, installation, operation, and maintenance of such facility. 5. The Licensee agrees to construct, install, operate, and maintain each facility at such times and in such seasons and in a manner that will not interrupt or interfere with the flow of irrigation water in said ditch or canal or the delivery of irrigation water by the District. The Licensee agrees to indemnify, hold harmless, ar_d defend the District from all claims for damages arising out of any impairment of the flow or delivery of irrigation water in said ditch or canal which may be caused by the constriction, installation, operation, or maintenance, and any use or condition of any facility. LICENSE AGREEMENT - Paae 2 6. The Licensee agrees to construct, install, operate, and maintain each facility in a manner that will not cause an increase in seepage or any other increase in the loss of water from the ditch or canal, the subsidence of soil within the easement, or any other damage to the easement and irrigation works. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any increase in seepage or other water loss from the ditch or canal, subsidence of soil in the easement, or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, and maintenance, and any use or condition of any facility. 7. Any alteration of the District's easement by the Licensee, and any alteration of property adjoining the District's easement by the Licensee, including, but not limited to, the excavation of soil, shall be performed and maintained in a manner that will not cause an increase in seepage or any other increase in the loss of water from the ditch or canal, the subsidence of soil within the easement, or any other damage to the easement and irrigation works. The Licensee shall provide the District reasonable prior notice of any such alteration not identified in this agreement. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any increase in seepage or other water loss from the ditch or canal, subsidence of soil in the easement, or any other damage to the easement and irrigation works which may be caused by the performance and maintenance, and any use or condition, of any alteration of the easement by the Licensee, and any alteration of property adjoining the easement by the Licensee. 8. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shal 1 be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergenc:r the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or LICENSE AGREEMENT - Page 3 r support any claim of any kind by Licensee or ar_y third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence or fault of the District. 9. The Licensee agrees that the work performed and the materials used in installation of such facilities shall at all times be subject to inspection by the District and by the engineers for the District, and that final acceptance of the construction work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. The Licensee understands and agrees that Licensee has no right to drain or waste into said ditch or canal more surface or ground water than drains or wastes from said property in its present state or condition (predevelopment flow). The Licensee expressly agrees that it shall not cause, suffer or permit any such additional surface or ground water to drain or waste into said facilities of the District unless the Licensee shall have (1) obtained all necessary rights of way or easements for the draining or wasting of such additional water and (2) created the necessary additional carrying capacity in the ditches, pipelines or other facilities through which such additional water is to be carried and (3) complied with all statutes, regulations, ordinances, and other laws regarding the discharge of drainage or waste water into surface streams, whether natural or artificial, and into aquifers or other bodies of ground water and (4) removed al'_ pollutants, contaminants, debris and other foreign material which in any manner have been placed in or mixed with such additional water while on the said property of the Licensee, and in the event of any dispute as to the source of such pollutants, contaminants, debris or other foreign material, the burden shall be upon the Licensee to show that the pollutants, contaminants, debris or foreign material does not come from the Licensee's said property. The Licensee expressly agrees that the District shall be entitled to enforce compliance with the provisions of this paragraph by injunction and that LICENSE AGREEMENT - Page 4 violation of the provisions of this paragraph shall be sufficient cause for issuance of a preliminary or permanent injunction. The right to such injunctive relief, and any other remedies set forth herein, shall be cumulative of any other remedies available to the District under the laws of the State of Idaho. If the Licensee shall cause, suffer or permit any such additional water to drain or waste into said ditch or canal or into any other facility of the District without having complied with the requirements of this paragraph, the District shall have the right to stop such additional water from draining or wasting into said ditch or canal or any other facility of the District, and the Licensee agrees to reimburse the District on demand for the costs and expenses e:~pended or incurred by the District in stopping such drainage or wasting. 12. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the performance of the terms of this agreement, shall be construed or asserted to extend the application of any federal, state, or other law, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction and at the option of the District this agreement shall be of no force and effect. 13. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 14. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT - Page 5 15. Nothing herein contained shall be construed to impair the easement and right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 16. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 17. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney For the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. 18. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 19. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT ..~ . ~ By . j~,C~. L~ ~7 ~ ~~..~~, ~ ~ Its President ~ ,, , ~ ,~; ATTEST`: ~ /yam ~~ Y \~.~ _ ` t `q ~.~ l'~,. ~_ ^._ ,~ ~ Its Secretary ". ~ ~ `~ . ` ~`~CENSrc `A~REEMENT - Page 6 ~ ~, r MALAR LANDING, L.L.C, a limited liability company ~ r By Its President ATTEST ~ J ~ ,, STATE OF IDAHO SS: County of Canyon ) On thi s ~` ~ day of undersi ~ 1997, before me, the fined, a Notary Public in and or said State, personally appeared ~~ 0.0~ ~. ~ ~;~>, D and ~Q.G °~ ,~ ~~, known to me to be the President and Secreta a ' NAMPA & MERIDIAN IRRIGATION DISTRICT, the irriga~t on distr ctythat executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal., the~~.•ei~4Y'~~~ year' in this certificate first above written . ~. .~` p, ~ • ~ ~, ., STATE OF IDAHO County of Ada .• '. ~' y° ARC :`° ~Cw -•- •si ~ ~:A~BLZG~, O ~ Lary Public for Id ho siding at Nampa, Idaho Commission Expires: ~ OD On this ~. day of 1997, before me, the undersigned, a Notary Publi in an for said State, personally appeared A. LEON BLASER, known to me to be the President of MALAR LANDING, L.L.C, the limited liability company that executed the foregoing instrument and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offic~al seal, the day and year / in this cer .1=icate ~~hi-rSt above writt~n. / _ ~: . N tart' Public f R sid' g at Bois My Commission Exp LICENSE AGREEMENT - Page 7 ~~ N~ws~~~`y~ ~~~ ~~ .fi i P ~ C~as oT.~RY ~d ~ s* ~e' ~~ • B ~' °°a o'er O ~~ Tr, Z~ ~ v ,,,,~~° Qeoaaaes9'°°°°~ PROJECT: 549023 DATE: June 2-l, 1996 DESCRIPTION FOR IN i~RWEST DEVELOPMENT THE LANDING SUBDMSION NO. 9 A PORTION OF Try SOUT'rIWEST QUARTr.R AND TIC NORTHWEST QUARTER SECTION 13 TOWNSHIP 3 NORTH. RANGE 1 WEST, BOISE MERIDIAN MERIDIAN. ADA COUNTY, IDAHO A parcel of land being a portion of the Southwest Quaver and the.Northwest Quarter of Section li, Township 3 North Range 1 West Boise Meridian, Meriaian, Ada County, Idaho. and more particularly described as follows: Beginning at an iron pin marking the Southwest corner of the said Northwest Quaver of S~tion 13, Township 3 North, Range 1 West Boise Meridian: thence along the Southerly boundary of the said Northwest Quaver of Se,^uon li, said Southerly boundan• also being the Southerh• boundary of The Landing Subdivision No. 7 as riled for record in the otTice of the .Ada Counn~ Recorder, Boise Idaho. in Book 69 of Plats at Pales 7085 and 7086, North 89°59'23" East 1326.82 feet to a'_" Galvanized iron pipe marking the Southwest corner of the Southeast Quartet of the Northwest Quaver of Section 13. said 2" Galvanized iron pipe also being the REAL POIIv°I' OF BEG'NNING (Initial Point); thence continuing along said Southerly boundaries, South S9°50'04" East 177.46 feet to an iron pin: thence leaving said Southerly boundaries. and along the Easterly boundan• of the said, The Landing Subdivision No. 7, North 00°09'56" East 36.15 feet to an iron pin on the Southerly boundary of The Lanaing Subdivision No. S as riled for record in the office of the Ada Cotlnn~ Recorder, Boise Idaho, in Book 70 of Plats at pages 7230 and 72;1; thence leaving said Easterly boundan~ of The Landing Subdivision No. 7. and along the said Southezl}' boundan~ of The Landing Subdivision No. S the following courses and distances: thence South 61°37'44" East 146.59 feet to an iron pin: thence North 23°22'16" East 85.30 feet to an iron pin: thence South 6I°3T14" East 571.23 feet to an iron pin: thence North 2S°23'16" East 49?9 feet to an iron pin: thence North 39°57'06" East 103.32 feet to an iron pin: thence North S1°55'33" East 50.»9 feet to an iron pin: thence Noah S9°5 7'06" East ! OU.00 feet to an iron pin: thence !caving s<•tid Southerh~ boundan•. South 00°OZ'S~" East 95.00 feet ro an iron pin: SYHIBIT ~ thence North 89°59'ZZ" East 200.00 feet to an iron pin on the Easterly boundan~ of the Southtivest Quarter of said Secuon !3; thence aiong said Easte:ly boundan•. Sough 00°02'54" East 695.12 feet to an iron pin; thence lea~•ing said Easterly boundar<•, South 89°5706" West 115.00 feet to an iron pin: thence North 36°30'19" West 50.10 feet to an iron pin: thence South 79°59'39" West 106.61 feet to an iron pin: thence North 62°07'22" West 46.87 feet to an iron pin; thence North 27°52'33" East 115.03 feet to an iron pin: thence North 18°12'51" West 72.05 f et to an iron pin: thence North 00°02'54" West 268.11 fee: to an iron pin: thence South 89°59'22" West '_17.85 feet to an iron pin: thence North 77°;7'27" West 56.-14 feet to an iron pin: thence North 66°33'3.1" West 107.02 feet to an iron pin: thence South S9°55' 12" Wer 120.00 feet to an iron pin; thence South 00°04'4S" East 115.00 feet to an iron pin; thence South O1°17'40" West 50.01 feet to an iron pin; thence South 00°04'18" East 115.00 feet to an iron pin: thence South 89°55' 12" West 80.00 feet to an iron pin: thence North 53°50'37" West 61.30 f ~t to an iron pin: thence North 89°50'04" West 125.06 feet to an iron pin on the Westerly boundan• of the Northeast Quarter of the Southlvest Quaver of Section 13; thence along said Westerly boundan~. North 00°01'36" West 714.55 feet to the point of beginning. Comprising ! 5.94 acres. more or less. SUBJECT TO: All existing easemenu and road righu-of-a~av_ of record or appearing on the above-described parcel of land. Prepared bv: PACIFIC LAND SURVEYORS john T. (iom) Edd}~. P.L.S. J'i r.1EDM ~. ..- o~. i ~.. :, , i ,~ ~~~~I~~ N I j , ~ ~'?~ _~F.~~ °'~a~- EIS 3nr .~nCOSr1w 5 ~ y 1 N ~ ~ N O t • J ~~.,. T ,~ PAP" ~'P~ ESP' E~.~ _ y •' / e 1 s ~ T N n P. ~~ ~~~ R~ ~ ~'~ h /~ j I ~ \ fA - 7 ` N 1 _ ~~ 0 _ / b r / ` I ` f ~-,~ N ///~ ~ LQ \: LI/ \ ~ N ~/ ` e~Tj~ 1 ~ S ~~~ ,~ ,n _ 0 y n a~ ~~_~ ~~ i S ~ ~ °~ ~ .~ ~ `9 t' ~ ~ ~ ~ F~ ;~Cd,•. ~ ~r Rte' ` _ ~ z_ _`--a~~+ ~ __ '/ ~ ~ - E • • • • • • • i J < ~ ~ ~ • • ~ • ,tea .. L . ~ _0. .1 -~ _ ~_ cn i _j I ~~ - - N l n \ v • N C~ ~ • 0~ ~ ^~ / > ~ 61 • ~• . ~ 1L Z ~ ~~ " ~% _ ~ i° • _° ~ ~. • i p ~ ~ ~` ~' ~ i, i ' ~.~; i ~~ ~, • J of ~ ~ti N3110 S _ _ ~ ~ ~ ~ O ~ ~ ~ ti ~ I °f m ` ~ Q Z I`I ~ ~ ~ ~ • u j 1 ,;Y ~ • ~+ ? C • ~ ~ ~' ~ c ^ i ~ J • - ~ N (} C1~ EXHIBIT B - Page 1 ~ i • - -- °- -- - --- b'~ON/7 - ~ C3ivn~~ y :~ ~_~ . ~ ~ ~~ f~ f~ i.' ~ „be' ~i ~J~- _ ~y •; J :: ~~= _; ~. .. ~ '~. - irz-~ :n ; t: ^. V~ ... ~. _ ~ _ ~- . _. ~ - _ t EXriIBIT B - Page 2 EXHIBIT C Duroose of Li Anse The purpose of this License Agreement is to permit Licensee to. 1. pipe a portion of the Kennedy Lateral, 2. construct a fence within a portion of the Kennedy Lateral after relocation, all in or near the Landing Subdivision No. 9, located northeast of the intersection of Linder Road and Interstate Highway I-84 in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. Construction shall be in accordance with certain plans consisting of one sheet, sheet 1 of 1 entitled "Kennedy Lateral Piping Plan, The Landing Subdivision No. 9," bearing engineers stamp dated October 2, 1996. These plans have been delivered to the District's water superintendent, are in his possession in his offices, and are hereby incorporated by this reference. b. The District shall perform all work associated with the piping of the Kennedy Lateral and the Licensee shall pair the costs of the pipe for all materials associated with the piping of the Kennedy Lateral. Supplementing paragraph 3 of this agreement, the District shall be responsible for operation and maintenance of the pipe identified in Exhibit C. c. The District's easement for this section of the Kennedy Lateral is 55 feet, 20 feet to the left of centerline looking downstream and 35 feet to the right. d. The fence identified in Exhibit C shall be installed on the portion of the District's easement for the Kennedy Lateral to the right of the centerline of the ditch looking downstream, and no closer than 23 feet to the right of centerline. The District does not object to Licensee's proposed construction of the fence prior to excavation and installation of the pipe, however,- the Licensee agrees to remove the fence upon notice from the District that it will initiate excavation for the piping of the Kennedy Lateral, and agrees not to reconstruct the fence until the District completes installation of the pipe. e. The fence shall be constructed of chain link. The following shall apply if the fence erected is now or in the future in whole or in part constructed of wood: Because of the location of the fence and the fact that the fence will be constructed wholly or partly of wood, the District shall not be responsible for weed LICENSE AGREEMENT - Page 8 control in the area of the fence. Without affecting the foregoing exemption of the District from weed control obligations, Licensee hereby indemnifies, holds harmless and shall defend the District from any claims for damages to said fence because of weed-burning except where the District intentionally burns the fence or is guilty of gross negligence in burning the fence. f. Supplementing paragraph 10 of this agreement, the Licensee agrees that the District shall not be liable for anv damages which shall occur to the facilities identified in Exhibit C and in the construction plans referenced in Exhibit D, paragraph a, in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal, and specifically in the course of maintenance, repair, or replacement of the pipe to be installed under this agreement. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance, repair, or replacement of the pipe. g. Licensee shall place no structures or landscaping of any kind above ground on the District's easement area except as referred to in this agreement or exhibits thereto without the prior written consent of the District. Licensee shall not bern over anv portion of the Kennedy Lateral after it is relocated. All plants shall be planted so that the drip line of such plants dos not e-xtend over ar_y portion of the piped portion of the Kennedy Lateral. h. Installation of the pipe shall nct commence prior to October 15, 1997, and shall be completed not later Chan Mareh 15, 198. Installation of the fence shall occur as described in Exhibit D, paragraph d. Time is of the essence. LLCENS~ ~EEMENT - ?age 9 -' _ ___ 1 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 Letter of Transmittal June 3, 1997 To: Chari Styles City of Meridian 33 E. Idaho Meridian, ID 83642 Subject: 549023 The Landing No. 9 Enclosed are the following items: ~C~~~~~ Ji1~1 - ~ 1~~'7 ~Y ~1~ ~J~1~1~~~ Document Date Copies Descri tion 5/21/97 1 Blueline of Final Plat These are transmitted: ^ For your ^ For action ^ For review Q For your use ^ As requested information specified below and comment Sincerely, PACIFIC LAND SURVEYORS A division of POWER Engineers, Inc. ~- ~~ " " J ~1., Charles W. Eddy CWE/jsp Enclosure(s) Sent Via: Delivered BOI58-499 pacific Land ~enc losuae~sl as ono~~~~~~leas a I}Otlf)/ U~~ah~ CCoerporation APR 1 5 ~~97 Y 0~ F~ERII~~AI~ ~~ 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 Letter of Transmittal April 15, 1997 ~~ i To: Will Berg ~/ f ~ ~~ City Clerk a City of Meridian 33 Idaho Meridian, ID 83642 Subject: 549023 The Landing No. 9 Enclosed are the following items: Document Date Copies Description 4/15/97 1 Restrictive Covenants These are transmitted: ^ For your D For action ^ For review ^ For your use ^ As requested information specified below and comment To be included with the final plat submittal. Sincerely, Pacific Land Surveyors A division of P WER Engineers, Inc. Keith L. Jacobs, P.E. KLJ/jsp Enclosure(s) Sent Via: Delivered BOI 5tL33~ If enclosures are not as noted please notify us at once. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation ~~~~~~ ~~ APR i 5 ~g97 -, - ~`Y OF i~EKIl~1AA1 ~ ' 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 Letter of Transmittal April 15, 1997 To: Will Berg City Clerk City of Meridian 33 Idaho Meridian, ID 83642 Subject: 549023 The Landing No. 9 Enclosed are the following items: Document Date Copies Description 4/9/97 1 Bluelines of Plantin Plan 4/15/97 1 Restrictive Covenants These are transmitted: ^ For your Q For action information specified below ^ For review ^ For your use ^ As requested and comment To be included with the final plat submittal. Sincerely, Pacific Land Surveyors A division of P WER Engineers, Inc. Keith L. Jacobs, P.E. ICI.,J/jsp Enclosure(s) Sent Via: Delivered I30I58-33a pacific Land Sur~~~c1oa~die lion o~POWER E~di 'ease noai~Ida of ~~rCoration Y g P ~.- EIGHT AMENDMENT AND SUPPLEMENTAL DECLARATION TO MASTER DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR THE LANDING SUBDIVISION (To Annex The Landing No. 9) WHEREAS, There has been recorded by Edward A. Johnson and Janice M Johnson, as Grantor, a Master Declaration of Covenants, Conditions, Restrictions and Easements for The Landing Subdivision dated May 15,,, 1991, recorded May 29, 1991, as Instrument No. 9127812, records of Ada County, Idaho„ a First Amendment b Master Declaration of Covenants, Conditions, Restrictions and Easements for The Landing Subdivision, dated January 10, 1992, recorded January 28, 1992, as Instrument No. 9205314, records of Ada County, Idaho; a Second Amendment to Master Declaration of Covenants, Conditions, Restrictions and Easements for The Landing Subdivision, dated May 1, 1992, recorded June 5, 1992, as Instrument No. 9236540, records ofAda County, Idaho; a Third Amendment to Master Decla ration of Covenants, Conditions, Restrictions and Easements for The Landing Subdivision, dated April 1, 1993, n:corded June L0, 1993, as Instrument No. 9344352, records of Ada County, Idaho; a Fourth Amendment to Master Declaration of Covenants, Conditions, Restr~tions and Easements for The Landing Subdivision, dated May 1,1993, recorded June 18, 1993, as Instrument No. 9347564, records afAda County, Idaho; and a Fi$h Amendment to Master Declarationof Covenants, Conditions, Restrictions and Easements for The Landing Subdivision, dated August 1, 1993, recorded August 19, 1993, as Instrument No. 9367861, records of Ada County, Idaho; and a Sixth Amendment m Master Declaration of Covenants, Conditions, Restrictions and Easements for The Landing Subdivision, dated March 15, 1995, recorded June 22, 1995, as Instrument No. 95042251, records of Ada County, Idaho; and a Seventh Amendment to Master Declaration of Covenants, Conditions, Restrictions and Easements for The Landing Subdivision, dated November 29, 1995, recorded November 31, 1995, as Instrument No. 1948001741, records of Ada County, Idaho;( which Master Declaration, as amended is hereafter called "Master Declaration"); WHEREAS, the Mallard Landing LLC, an Idaho Limited Liability Corporation, is the successor in interest to the above-named Ciranbor; WHEREAS, the Master Declaration allows for the annexation of additional property to the Landing Subdivision, which additional property, when annexed, is brought within the provisions of the Master Declaration; and WHEREAS, the purpose of this Eight Amendment is to annex the additional property hereafter described, and upon such annexation to subject suds additional property to all the terms, covenants, conditions, restrictions and easements contained in the Master Declaration. The property which is covered by this Eight Amendment and which shall be annexed under the Master Declaration is that real property described as follows: Lots 18 through and including 27 of Block 12; Lots 14 through and including 27 of Block 9, Lots 12 through and including 18 of Block 14; Lots 1 through and including 4 of Block 16, LAts 1 through and including 14 of Block 15; Lots 1 through and including 18 of Block 13, THE LANDING SUBDIVISION NO. 9, according to the official plat thereof filed in Book , of Plats _, at Pages and _, records of Ada County, Idaho. ARTICLE II -DEFINED TERMS Unless the context otherwise specifies or requires, the words; and phrases in this Eight Amendment shall have the same meaning as such words and phrases are defined in the Master Declaration. ARTICLE III -ANNEXATION AND DECLARATION Pursuant to Section 12.01 of the Master Declaration, the Grantor hereby declares that the Annexed Property is annexed to the Landing Subdivision and brought within the provisions of the Master Declaration, and is hereby made subject 6~ all the covenants, conditions, restrictions and easements of the Master Declaration. ARTICLE V -PERMITTED S ~ & PERFO MAN TANDARDS Minimum Building Size: Referto official plat of the Landing Subdivision No.9 for minimum building size for each lot Qualifying minimum square footage is exclusive of garage, patios, and porches. Pathways: Lot 15 Block 9 is a park and contains a pedestrian pathway . This bt is owned by, and is to be maintained by The Landing Homeowner's Association. Park: Lot 15 of Block 9 is a private park and large-event storm water retention area. This lot is owned by, and is bo be maintained by The Landing Homeowner's Association. ARTICLE VI -EFFECTIVE DATE The Eighth Amendment shall be effective from and after the date it is recorded in the otI'icial Records of Ada County, Idaho. IN WITNESS THEREOF, the undersigned, being the successor to the original Grantor under the Master Declaration, and pursuant m Section 12A1 of the Master Declaration, has executed this Eight Amendment as of the date and year first above written. SUCCESSOR GRANTOR: Mallard Landing L.L.C., an Idaho Limited Corporation By; State of Idaho County of Ada } A. Leon Blaser, President On this the day of , 1997, before rne, the undersigned, a Notary Public in and far the State of Idaho, personally appeared A. Leon Blaser, personally known m me (or provided to me on the basis of satisfactory evidence) to be the President, of Mallard Landing L.L.C.Lirnited Liability Corporation whose name is subscribed m the within instrument and acknowledged to me that he executed the same. WITNESS my hand and official seal. (SEAL} Notary Public in and for the State of Idaho Residing at Boise, Idaho My Commission expires 9/4/2002 ~ r INDEY.ED MA T[R DECLARATION 4795 EMERALD BOISE, IDAHO 83706 336-1054 COVENANTS CONDITIONS RESTRICTIONS AND EASEM[NTS Q THE LANDING SUBDIVISION May 15, 1991 ARTICLE I. RE ITAL Jl~"1~3:~2 1: ~; ~ :' '~,'•~ f~0001tS1~r? G, • ~ ~ hltd4Y~-. ~~l ~~~~ S/....- '91 ~1~~ 29 P(fl 2 01 ~.34~~.O~Oti89 WHEREAS, the undersigned (hereafter 'Grantor') Is the owner of certain land in Ada County, Idaho, more particularly described as follows (herealter 'Property'): Lots 1 through and including 16, Block 1; Lots 1 and 2, Block 2; Lols 1 tlrrougli and Irlcluciing 8, Block 3; and Lot 11 01 Block 4, T1iE LANDING SUBDIVISION NO. 1, according to the otflclal plat titoroof filed In Book 5F1 0l Plats at Pages 55413 and 5549, records of Ada County, Idaho. WHEREAS, the Grantor desires to subject lho Properly to the covenants, conditions, roslrictions, easements, reservations, limitations and equitable servitudes herein sot forth to (i) Insure the enhancement and prosorvation of property values, (ii) provide for the proper design, dovolopmont, improvement and use of lho Property by the Grantor and all otiror persons or entities wile may subsequently acquire nn interest in the Property and (ii) create a rosldenlial dovolopmont of liigli quality; WHEREAS, as additional land owned by the Grantor adjacent to the Property Is platted and developed Ior uses similar to that of the Property, upon election by the Grantor, such shall become subject to the terms of this Master Declaration by annexing the same as provided herein; WHEREAS, because The Landing Subdivision will be developed In several phases, each of which may have unique characteristics, Hoods and roquiremonts, the Grantor may, from limo-lo-limo, promulgate further conditions, covenants, roslrictions and easements as 'Supplemental Declarations' relating to particular tracts or parcels of real property within The l.-ending Subdivision; and WHEREAS, In order to achieve the objectives and desires of the Grantor, Cite Grantor will control tl~e managornont and government of the Property and the non-profit assoclatlon of Or+nors to be created until such limo as llto Owners take over the management functions through the Association upon substantial completion of t11e development process. ARTICLE II. DECLARATION The Grantor hereby declares that the Property and each lot, tract or parcel thereof (hereafter called 'Lot,' unless spocilied to the contrary), Is and shall be held, sold, conveyed, encumbered, hypolhecatpd, loosed, used, occupied and improved subject to the following covenants, conditions, restrictions, easement, reservations, Iimitatlons and equitable servitudes (hereafter coiloctivoly called 'covenants and restrictions'), all of which are declared and agreed to bo in furtherance of a general plan for tlio protection, maintenance, subdivision, Improvement and sale of the Property or any Lot thoroln, and to enhance the value, desirability and attractiveness thereof. Tho covenants and restrictions set forth liorein shall run with llte land and each estate tlroroin and shall bo binding upon all persons having or acquiring any right, title or Interest In the Properly or any Lot thoroln; shall inure to tiie bonelit of every Lot In Tho Landing Subdivlslon and any Interest thoroln; and shall Inure to the benefit of and bo binding upon the Grantor and each Owner, and each successor In Interest of each, and may be enforced by lho Grantor by and nny O,vnor, or by tiro O.vner's Association, as hereafter provided. Notwithstanding the foregoing, no provision of this Master Declarallon shall be construed or enforced to provont or limit the Grantor's right to complete development of the Property In accordance with the plan Ihorelor as the same exists or may be modified from time to limo by the Grantor nor provont normal construction actlvll(os during the construction of Improvernvnls upon any Lot in The Landing Subdivlslon. No dovolopmont or construction activities shall be doomed to constitute a nuisnnco or violation of this Master Declaration by reason of noise, dust, presence of vehicles or construction machinery, erection of temporary structures, posting of signs or similar aclivilios, provided that the sarne are actively, o111ciontly and expeditiously pursued to completion. In the event any dispute concerning the foregoing shall arise, a temporary wnlver of Ilto applicable provision(s) of this plaster Declaration may be granted by the Architectural Control Committee provided that such" waiver shall bo for a reasonable period of limo and shall not bo violative of the applicable ordinances of the City of Meridian, Idaho. Any such waiver Hood not bo recorded and shall not constitute an amendment of this Maslar Declaration. In the event of any conflicts between the provisions of this Master Declaration and the roquiremonts of the npplicable ordinances of the City of Meridian, Idaho, the more restrictive shall control. ARTICLE III. CEFI^'rTIONc As used In this Master Declaration, unless the context otherwise specifies or requires, the following words and phrases shall be defined as follows: Ate: The Architectural Control Committee for The Landing Subdivlslon. ACC Rules/ACC Standards: Such rules or standards promulgated by the ACC as authorized heroin. Annexation: The process by which addltlonal tracts or parcels of land not Inltlally a part of lho Property era made subject to this Master Declaration. Assessment: A payment required of Association members, Including Regular, Special or Urnilod /lssossmenls as provided In this Master Declaration. Association: The Landing Owners Association, Inc., an Idaho non-profit corporation. Board: The duty elected and qualilled Board of Directors of the Association. MASTER DECLARATION - 1 ~,3o~~oao yo Bull~inp: A structure conslruciod on a Lol on a temporary or permanent bests and unloss st~ocifiocf to the conlrory, ~hnil Includo all other appurtenances and Irnprovomonts lhoroto or used In cunnuctlon llrorewith. By-Laws: Tho Bylaws of the Association, Including any amendrnanls lhoroto duly acioptod. common Mea: AJI real property within The Landing Subdlvislon In which the Association owns an Interest or controls and which I~ held or controlled for the betterment of The Landlltg Subdivision. Development: The project to ba undertaken by the Grantor resulting in the Improvomont of Tho Landing Subdivision or any additional property annexed hereunder, Including landscaping, amenities, construction of roadways, utility services and other Improvements. realer: The undersigned owner of the land comprising Tlio Landing Subdivision. Improvements: A11 structures and appurtenances thereto of all kinds and typos, Including but not limited to, Buildings, roads, driveways, parking lots, sidewalks, walkways, walla, fences, screens, landscaping, poles, signs and ligh;lag. Improvements shall not Includo those Itoma which are located totally on tl~e Interior of a Building and cannot be readily observed when outside thereof. Initial Construction: The first construction of permanent Improvements on a Lot following the sale of that Lot by the Grantor to an Owner, and Intended for residential occupancy. Umitod Assessment: M Assessment levied by life Association upon ono or morn Lots, but not upon all Lots within The Landing Subdivision, for the purpose of securing payment by the Owner(s) thereof of amounts expended by the Association to correct a condillon prohibited or to cure an Owner's broach lieroundor. Lot: A portion of U~o Property which Is a legally described tract or parcel of land wllhln Tho lending Subdlvislon or which Is designated as a Lot on any recorded subdlvislon plat relating to the Property. Master Declaration: This Instrument as It may be amended from time to time. Master Plan: The overall master development plan prepared by the Grantor for the wliolo of The landing Subdivlslon, as the same exists trom time-to-time and which Illustrates the proposed total development contemplated by the Grantor and the nature and location of each of the uses Intended to be allowed within the Property. Provided, that no use eliall bo allowed within Tlie Landing Subdivlslon unloss tl~o same Is In accordance with the applicable zoning ordinances. Member: My person(s) who is an Owner of a Lot wllhln The Landing Subdivlslon. Mortgage: My mortgage or deed of trust or other hypothecation of land located In The Landing Subdivision to secure the performance of an obligation. Unlosa otherwise spocitlcally provided, the reference toe 'Mortgage' In this Master Declaration shall be limited to a '11rs1 Mortgage,' Including a 'first Deed of Trust,' on a Lot In Tfie Landing Subdlvlsion. Mortgagee: The holder of a Mortgage or Iho boneficlary under a Doed of Trust, Including an assignee(s) thereof, which Mortgage or Deed of Trust encumbers a Lot In The Landing Subdlvislon owned by an Cavnor. Unless otherwise specifically provided, the roloronco to a 'Mortgagee' In this Maslor Declaration shall bo lirnilod to a holder of a first Mortgage, Including a boneficlary under a first Deod of Trust on a Lot. u ant: My person, assoclalion, corporation or other entity wile or which Is an Owner, or has leased, reeled, been licensed, or is otherwise legally entitled to occupy and use any Building or Improvomont on a Lot whollior or not such right Is exercised, including their heirs, personal reprosonlalivos, successors and assigns. mor: A person or persons or other legal entity or entitles, Including the Grantor, holding foe simple title to a Lot In The Landing Subdivision, Including contract sellers, but excluding those (raving such Interest merely ns security for the performance of an obligation, but Including any Mortgagee (of any priority) or otlior secur(ty holder provided said Mortgagee or other security holder is in actual possession of a Lot ns a result of foreclosure or otherwise, and any person taking Lille through such Mortgagee or other security Bolder by purchase at foreclosure sale or otherwise. Plat: A final subdlvislon plat covering any real property In The landing Subdlvlsion, as rocordod In the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly rocordod amendments thereto. , Regular Assessment: M assessment levied by the Association to provide funds to pay tl~e ordinary estimated expenses of the Association. Special Assessment: M assessment levied by the Association other than a Regular or Umitod Assessment. Sub-Association: M Idaho non-profit corporation or unincorporated Association organized by the Grantor or by any Owner(s) pursuant to a Supplemental Declaration recorded by the Grantor for any specific tract or parcel within The Landing Subdlvlsion. Unless specifically provided to the contrary, or the context requires otherwise, a reference to 'Association' shall Include 'Sub-Association.' dub-Association Board: The duly elected and qualified Board of Directors o1 a Sub-Association. Unless specifically provided to the contrary, or lho context requires otherwise, reference to 'Board' shall Include 'Sub-Association Board.' Supplemental Dectaratlon: The additional or dlflorent Condltlons, covenants, conditions, restrictions and easements relating to a particular tract or parcel of real property wllhln The Landing Subdivlslon promulgated by tiro Grantor and recorded In the ollicial records of Ada County, kiaho. Unless specifically provided to Ilse contrary, or unless the context otherwise requires, a reference to 'Master Doclarallon' shall Include 'Supplornontai Doclaraliom.' MASTER DECLARATION - 2 ~ l4r The Landlnp Subdivision: Tfte whole of ilia Properly and any additional land annexed thereto as provldod heroin, Including any such additional land as may bo platted and annexed horow~dor under a dilforenl name (also sometimes referred to itoreln as 'Property"). The Land(ng pwnere Association, Inc.: Tho Idaho non-profit corporation organized by Cite Grantor and compromised of Members and existing for the purpose of providing sell-government for the Property. ARTICLE IV. P RP The Property is hereby made subJecl to the covenants and roslriclions conlainod In this Master Doclarolion, ell of which shall bo deemed to be Imposed upon and run with the land and oaclt and ovary Lot and parcel thereof, anti shall al,ply to each and every Owner and Occupant thereof and Choir respective successors In Interest, to Insure proper design, devolopmonl, Improvement, use and rnaintenanco of the Property for the purpose of: (a) Insuring Owners end Occupants of Buildings of quality of design, dovolopment, improvement, use and maintenance as shall protect and enhance the lnveslment and use of all Lols and Improvements. (b) The prevention of the erection In The Landing Subdivision of Improvements of improper design or construction with Improper or unsuitable materials or with Improper quality and method of construction. (c) Encouraging end insuring the erection of quality and attractive Improvements approprintoly located wilhln the Property to assure visual quality and harrnonlous appearance and luncllon. (d) Securing and malnlalning proper sal-backs from streets end open areas In Tlie Landing Subdlvlsion and adequate free spaces between Improvements. (o) Tho Intogrntlon of devolopmonl of the dllforenl Lols by setting common general standards consistent with the ACC Rules/ACC Standards existing Irom limo to lima. (Q Insuring attractive landscaping and the consorvalion of existing natural features witft minimum adverse Impact on the ecosystem. As used hereafter, 'Project Objectives' shall mean Cho foregoing specified purposes. ARTICLE V. PERMITTED USES AND PEf2FORMANCE STANDARD SECTION 5.01. se. Unless as otherwise designated on the Master Plan for The Landing Subdivision, or unless otherwise specified In a Supplemental Doclarallon covering a particular Lot(s) or parcel(s), Lots shall be used only for residenllal purposes and such uses as are customarily Incidental thereto and Common Area. SECTION 5.02. Buildings. Except as otherwise designated on the Master Plan for Tho Landing Subdivision, or unless otherwise specified for a particular Lot, tract or parcel Ina Supplemental Doclaralion, no Lol shall bo Improved except wish one (t) dwelling unit. Each dwelling unit shall have an attached or detached tally enclosed garage adequate for a minimum of hvo (2) and a maximum of throe (3) standard size automobiles. No carports shall be allowed. Unless otherwise speciliod in a Suppiemontal l?oclaratlon recorded after the date of this Maslor Decleratlon, the rnlnlmum square footage of Ilving area within the dwelling unit located one Lot shall be 1,300 square feel. The square footage of Ilving area shall be based on the Interior Ilving space at or above the grade of the Lot, exclusive of basement, porches, patios and garage. SECTION 5.03. Mproval of Use and Plans. No Improvements shall be built, constructed, erected, placed or materially altered wilhln the Property unless and until the plans, apocificatlons and alto plan therefor have been reviewed In advance and approved by the ACC In accordance with the provlslona of Mticle X, below. SECTION 5.04. Prohibited Buildings/Uses. No trailer or other vehicle, tent, shack, garage, accessory building or out building shall be used as a temporary or permanent residence. No noxious or offensive activities shall be conducted on any Lot nor shall anything be done thereon which may be or become an unreasonable annoyance or nuisance to the Occupant(s) of lire other Lots within the Property by reason of unsigltlliness or the excessive emission of fumes, odors, glare, vibration, gases, radiation, dust, liquid waste, smoke or noise. No split-entry Buildings or Buildings having more than two (2) stories shall be allowed. SECTION 5.05. Sra-Backs. No building or other structure (exclusive of fences and slrnilnr structures approved by the ACC) shall be located on a Lol nearer to a Lot Ilno than la permitted by the applicable ordinances of Clio Clty of Moricilan, Idaho; provided, however, the ACC shall have the right to stagger the front setbacks of the Lots In order to creole amore pleasing appearance and to minimize the negative visual appearance of a uniform building Ilne. SECTION 5.06. Antennae. No exterior radio antonnno, lolovlslon antennae or other anlonnao, Including a salollilo dish, shall bo erected or malnlained on a Lot without the prior approval In writing by Cho ACC. SECTION 5.07. Easements. There Is hereby reserved for the use and bonofit of ltio Grantor and granted for Cho use and benefit of each Lot, and for the use and bonofit of each Owner and Occupant, and for Cho use and bonofit of life Association, and Choir successors and assigns, for the purposes Incident to such use, devolopmonl and maintenance of lfie Properly, the follow(ng easements: (a) For the Installation and malnlenance of public utility facllitlos of all kinds, Including radio and tolevislon and transmission cables, the easements so designated on the recorded subdivision plat(s) for The Landing Subdlvlsion. (b) For the purpose of permitting the Grantor or the Assoclallon, their contractors and agents, to enter onto those portions of Lots contiguous to any Common Area to maintain, replace and restore landacaplnq and other Improvements within the Common Area. (c) Reclprocnl appurtenant easements of encroachment, not to exceed one loot (1'), as between each Lot and such portion(s) of the Common Area adjacent thereto, or between adjacent Lots, due to the unintentional placement or settling or shifting of the Improvements constructed thereon, which easements of encroachment shall be valid so long as they exist and the rights and obligations o1 Owners shall not be altered in any way by Bald encroachments, settling or shlft(ng; provldod, however, that In no event shall a valid easement for encroachment occur due to life willful act or acts of an Owner. MASTER DECLARATION 3 13U4.U~;iUti;~~; (d) My additional easements, II any, as shown and designated on the recorded subdivision plat for Tho Landing Subdivlslon, Tho easement arose (excluding nny equipment or appurtonancoa owned by iho Grantor, the Association or a utility company located thereon) horeln reserved shall be maintalnod by the Owner of the Lot upon whlclt they are allualod. No Improvemonts shall be placed or permitted to remain on such easement areas located wltitin any Lot whlcll shall inlorfore with the Inlendod use or purpose of such easement(s), and no other activity shall be undertaken on any Lot which may interfere wilts the use and access Inlendod to be provided by such easement or the Installation or maintenance of the utilities or other facilities, if any, located thereon or therein. SECTION 5.08. UphtlnA. Each O.vner shall Install, and malnlaln In a operative condition with a mtnlmum of one (t) 60 watt bulb, an exterior pole light in the front yard wilhln ton feet (10') 01 the front yard line. Each polo light shall have a photo- sensitive switch to turn the light on at sunset and off al sunrise and shall. Extorter Ilghting and inlerlor lights reflecting outside shall not ba placed in any manner which shall cause glare or excessive Iighl spillage on a neighboring Lot(s) and shall bo in accordance with the ACC Rules/ACC Standards. SECTION 5.09. Mimais. No animals, Ilveslock, birds, Insects or poultry of any kind shall be raised, bred, or kept on any Lot, except that not more than two (2) domesticated dogs and/or cats, or other small household pets which do not unreasonably bother or constitute a nuisance to others may be kept, provided that Choy are not kept, bred or maintalnod for any commercial purpose. Dogs and other aimllar pets shall be on a leash when not confined to an Owner's Lot. SECTION 5.10. Septic Tanks/Cesspools. No sopllc tanks and/or cesspools shall bo nliowod within The Landing Subdlvlalon. SECTION 5.1 t. ~rndinrl and Drainnde. A silo plan Indicating the proposed grading anti dralnngo of n Lot must bo approved by the ACC before any conslructlon Is Inillated. Lol grading shall ba kept to a minimum and Dulldings are to be located for prosorvation of tlio existing grade(s) and any grade(s), berme or awales should be nn intogrnl part of tlio grading design. Subject to the roqulremonts of any povernmonlal entity having jurlsdietlon !heron!, water may drain or ilow Into adjacent streets but shall not be nliowod to drain or flow upon, across or under adjoining lots or Common Areas, unless an express written easement for such purpose exlata. SECTION 5.12. Commercial Use Prohibited. Unless olherwlsa shown on the Master Plan for The Landing Subdivlslon and specifically permitted In s Supplemental Declaration, no Lot shall be used at any tlmo for corrrmorclal or business activity, provided, however, that ttie Grantor or persons authorized by the Grantor may use a Lolls) for dovolopment and sales activities relating to The Landing Subdivision, model homes or real estate sales. The rental by an Owner of a Lot and the Improvartionts thereon for residential purposes shall not be a use In violation of tltls Section. SECTION 5.13. Mainlenanco. The following provlslona shall govern iho malnlonanco of Lots and all Improvemonts thereon: (a) Each Owner of a Lot shall malnlaln all Improvements located thereon In good and sulliclont repair and shall keep the Improvements thereon palnied or slalned, lawns cut, shrubbery trimmed, windows glazed, rubbish and debris removed, wends cut and olherwlse malnlaln the same in a nowt and aosttiotically pleasing condition. (b) All damage to any Improvements shall be repaired as promptly as Is reasonably possible. (c) A Building which Is vacant for any reason shall be kept locked and ilia windows glazed In order to prevent entrance by vandals. Vacant Bulldings and unimproved Lols shall not bo oxernpl from ttio provisions of this Master Doclaratlon. (d) All structures, facilities, equipment, obJacts and conditions dotorminod by Ilse ACC, in Its sole discretion, to bo offensive, shall bo enclosed wilhln an approved structure or appropriately screened from public view. All trash, debris, garbage and refuse shall ba kept al all limes In a covered conlainor and all such containers shell be kept on a Lot wilhln an enclosed structure or screened Irom public vlow. (o) No articles, goods, machinery, malerlals or slmllar Items shall bo stored, kept or maintalnod on a Lot In the required sot-back area along a public or prlvale right~of-way or othorwlse kept In the open or exposed to public view. (f) My event or condition on a Lot which, In the sole discretion of the ACC, creates an unsightly or blighting influence, shall be corrected, removed or obstructed front public view, as the case may bo, by the Owner of the Lot, notwithstanding the fact that such event or condition may not be specifically described and/or prohibited In this Master Declaration. (g) In the event that any Owner shall permit any Improvement, Including any landscaping, whictl Is the rosponslbillty of such Owner to malnlaln, to Isll Into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, the Board, upon Ilfteon (15) days prior written notice to the Owner of such Lot, shall have the right to correct such condition, and to enter upon said Lot and into any building or structure thereon, II necessary, for the purpose of correcting or ropeiring llro same, and such Owner shall promptly reimburse the Association for the cost thereof. Tlie Owner of the olfending Lot shall be personally Ilable, and such Owner's L-ot may be subject to a mochanlc's lion for all costs and expenses Incurred b;~ the ?ssoclatlon In !eking such ccrroctlva action, plus al! costs Incurred In collecting the amounts due. Each Owner shall pay all .amounts due for such work within ten (10) days alter receipt of written demand therefor, or the amounts may, at the option of the Board, bo levied as a Umlted Assessment against Bald Lot and shall be enforceable In the same manner as other assessments set forth In Article VIII o1 thle Master Declaration. SECTION 5.14, Mlnlnn and Drilling. No Lot shall be used for iho purpose of mining, quarrying, drilling, boring or exploring for or removing water, steam, ell, gas or other hydrocarbons, minerals, rocks, atones, gravel or earth; provided that the Grantor or the Assoclatlon may, by permit, grant, license or easement, allow the drilling for and the extraction of water for use on the Lot. SECTION 5.i6. Beata. Camoere and Other Vahlcle. Traliere, mobile homes, trucks larger than standard pickups, bent., tractors, campers, garden or malntonnnce equipment and vehicles other than automobllos, when not In actual use, shall be kept at all times In an enclosed structure or screened from publlo view and at no limo shall any of Bald vehlcloa or equipment bo parked or stored on a public or private right-of-way within The landing Subdlvlalon. No operative vehicle shall be pnrked or stored for a period In excess of seventy-two (72) consecutive hours on any portion of a Lot between the Iron! of a Bullding and the abutting MASTER DECLARATION 4 3.3(~~~U~iU~:~3 pub'fic righl•of-way. No Inoporalivo vehicle shall bo parked or stored al any limo on a Lot unloss wholly within nn onclusod structure. A minlmurn of P++o (2) elf-drool parking spaces for aulomobilvs shall bo provided on oath Lot. SECTIOtJ 5.1G. Garage Doors. Garage doors shall be closed oxcopl whop upon for a Temporary purposo. SECTION 5.17. ,Exterior Materials and Colors. NI exterior matarlals and colors shall be solectvd and used which are approved by the ACC and which are compatible with other Buildings on the Lol and on neighboring Lots to Cho end that all such Buildings will present a unified and coordinated appearance. NI exterior ilnishes and/or colors shall be earlhtone, Including subtle blue and gray tones, as approved by the ACC. Each house shall Include some brick, stone stucco or olftor distinctive design ioatures on the front exposure. No gravel roofs shall be permitted. SECTION 5.18. Vehicles. The use of all vehicles, Including but not limited to automobiles, trucks, bicycles and motorcycles, shall be subject to ACC rules, which may prohlbli or Ilmll the use thereof within Tho Landing Subdivision, provide parking regulations and other rules regulating the. same. SECTION 5.19. Exterior EnorAY Dovlces. No energy production device Including, but not limited to, gonornlors of any kind and solar energy devices, shall bo constructed or mninlalned on any L.ot without lho prior written approval of fife ACC, oxcopl for heat pumps or similar appliances shown on the plane approved by the ACC. SECTION 5.20. Mailboxes. No free-standing mailbox shall be constructed or Installed on any Lot without the prior written approval of the plans therefor by the ACC. SECTION 5.21. ins. No commercial billboard or advertising shall bo displayed to the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonably shod vacancy sign or 'For Sale' sign tl~eroon. Signs advertlsing the name o1 the builder and the narno of the Institution prov(ding financing therefor may be displayed on a Lot during conslructlon of (tie Improvements. Llgltled, moving or (lashing slpns for any purposes are prohibited. Directional signs may be used to give directions to traffic or podoslrians or give special Instructions. Any diroclional or Identification sign In Ttie Landing Subdivision shall be permitted, provided the same Is approvoci by the ACC prior to Installation. SECTION 5.22. ~ubdlviding. No Lot may be further subdivided, nor may any easement or otfior Interest tlioreln loss than the whole be convoyed by the Owner thereof without the prior written consent of the ACC; provided, Itowovor, that noll~ing herein shall ba deemed to prevent an Owner from transferring or selling any Lol to morn than ono person to bo held by thorn as Tenants In common, Joint tenants, tenants by the entirety, or as community property, or require 11to approval of fife ACC thorolor. In addition, the convoyanco of an Insign(ficant portion(s) of a Lot to the Owner of Tho Lol which abuts said convoyed portion for the purpose of correcting a common boundary or other similar purposo, shall not be deamod to bo a subdividing of a Lot v+itliin the prohibillon contalnod horoln. SECTION 5.23. Fences. No lance or wall of any kind shall bo constructed on a Lol unloss tiro plans and specilicalions therefor, Including the location, design, material and color Cheroot, have bean approved In v+rlling by Ilio ACC prior to the cronslruction or Installat(on. NI fences and/or walls constructed on a Lot shall be In compliance with the applicable ordinances of the City of Meridian, Idaho. NI fences and walls shall be subject to the following roslrlctlons: (a) No fence or wall shall be permitted to be constructed or Inslellod on any portion of a berm constructed by the Grantor In The Landing Subdivlslon. (b) Fences and walls shall not extend closer to any street than twenty foot (20') nor project beyond the setback of the principal Bullding on the Lot. No fence higher than six foot (G') shall bo allowed wltlrout the prior approval of the Maridlan City Fence Commlltoo and life ACC. (c) NI fences and walls shall be constructed and installed and mainlainod In good opl~oarance and condition al the expense of the Owner of the Lol on which they are totaled nrrd all darnngod foncinp and walls shall be repaired or replaced to original design, materlnls and color within a reasonable limo after said damage occurs. (d) No fence or wall shall inleriere whit the use and enjoyment of any easement reserved In this Maslor Declaration or shown on the recorded Subdivlslon plat of tl~e Property. (e) No lento, wall, hedge, high planting, obstruction or barrier shall bo allowed wlticit would unreasonably Interiors with the use and enjoyment of neighboring Lots and streets, and shall not bo allo~vod it life same constllute an undesirable, noxious or nuisance elfact upon neighboring Lots. SECTION 5.24. LandscaplnA• The following provisions shall govern the Iandscaping of Lots within The Landing Subdivlslon: (a) Tho Owner shall prepare a landscape plan and shall submit life same to the ACC as provided in Article X, below. The ACC shall approve said landscape plan prior to the Installation and/or construction of landscaping on a Lot. Landscaping of a Lot shall be In accordance with tl~o approved plan. (b) NI required landscaping on a Lot shall be Installed within thirty (30) days allot subslan11a1 completion of the Bullding on the Lot, with a reasonable extension a-lowod for weather. (c) The initial landscaping shall Include, as a minimum, sod In Cho Iron( and side yards, sod or grass seeded In the rear yards, Ywo (2) fieworing trues of at last two Inch (2') caliper or one (1) pine uee at least six feet (8') In height and one (1) flowering tree of at toast two Inch (2') caliper In the front yard, throe (3)-live (5) gallon plants and Ilvo (5)-one (1) gallon eluubs In Clio Iron( yard. Tlio use of berms and sculptured planting areas are encouraged. SECTION 5.25. Adoption of ACC Rules/ACC Slandarda. The Grantor, or In the event of the Grantor's lallure to do so, the ACC, shall have the power to promulgate ACC Rules/ACC Slandarda relating to Cho planning, conslructlon, elleratlon, modif(catlon, removal or destruction of Improvements within the Property doomed necessary or desirable by the Grantor, or the ACC, as the case may be, to carry out the purposes of this Master Declaration. NI ACC Rules/ACC Standards shall be conslstont with the provisions of this Master Declaration. SECTION 5.26. Exemption of Grantor. Nolh(ng horoln contained shall Ilmit the right of ttio Grantor to subdivide or re-subdivide any Lot or portion of the Property or to grant licenses, raservalione, rights-of-way or oasomenls wltlt rospoci to Common Areas to utility companies, public apenclea or others; or to complete excavallon, grading and Dovolopmont !o or on any Lot or oll~or portion of the Property owned or controlled by the Grantor, or to allot the foregoing and Its Dovolopmont plans and designs, or construct additional Improvements as the Grantor deems advisable In the course of Development of The Landing Subdivlslon. This Master Oeclaratlon shall not Iimlt the right of the Grantor al any time prior to acquls(llon of title to a Lot by an Owner to establish MASTER DECLARATION - 5 on that Lot addillonal Ilconsos, restrlcliona, reaervallone, rights-of•w«y and ensumonis to Itself, to utility companies and to othoro, as may from time to time be reasonably nocossary. Tho Grantor need not cook or oblaln ACC npprcvul of any intprovomonls constructed or placed within rho Property by rho Grantor In connoction with Iho pevulopntonl of Tho Landing Subdwlsion, but Ihis exemption shall not apply fo a Building(s) constructed by the Grantor on a Lot ownod by rho Grantor. Tho Grantor shall bo entitled to the non-exclusive use, without charge, of any Common Aroa within 'R~e Landing Subdivision in connoction with rho marketing of the Lots therein. ARTICLE VI. THE LANDING OWNERS ASSOCIATION, INS SECTION 6.01. Qrs)anizallon of Association. The Landing Ov+nors Association, Inc. shnll bo organized by rho Grnnlor as an Idoho nornprofit corporation and shall bo chnrgod with rho duties and vested with Iho powors proscribed by law and sot forth in its Articles of Incorporation, its By-Laws and this Master Doclarallon. Neither said Articles nor said By-Laws shall, for any reason, be amended or otherwise changed or interpreted so as to bo Inconsislonl wills this Maslor Declaration. SECTION 6.02. ub-Association s . Until completion of Ilw Dovolopmont, the Grantor shall hnvo the solo and absolute right to create ono or more Sub-Associations for purposes not Inconsistent with lhls Master Declaration Including, but not Iimllod to, the following which shall ba provlded for In a Supplemental Declaration: (a) Aoqulre and Improve any Lot, tract, parcel or portion of The Landing Subdivision. (b) Promulgate rules and regulations governing Common Area ownod by or under tiro control of Ilse Sub-Association. (c) Determine the servlcos, In addlllon to those lurnlshod by the Assoclatlon, which are to be furnlslted to or for the benoflt of the Members of the Sub-Assoclalion. (d) Assess and certify to the Association for collection the Regular, Special and Umited Assessments required to meet the estimated cash needs of the Sub-Association. The Articles of Incorporation, By-Laws, rules, regulations and the Supplemental Doclaralion relating to aSub-Association shall not be Inconsistent with the terms and provlslons of this Master Declaration and any Inconsistency shall be governed by this tilastor Declaration. Unless earlier consented to in writing by the Grantor, sitar completion of Dovelopmont of The Landing Subdivision, Sub-Associations may be formed by any Owner or group of Owners with the approval of tlta Board and by satisfying ail necessary legal requirements Including, but not limited to, the preparation, execution and recording of a Supplemental Declaration. Except as provlded to the contrary In this Maslor Docinrallon or unless spociilcally provided to the contrary in Iho Supplamontal Doclarallon rolating to a Sub•Assoclallon, the provlslons of lids Arllclo shall be applicable to and shall regulate each Sub-Association. SECTION 6.0.3. Relationship Between Association and Sub•Assoclalions. It is Ilse purpose and intent of rho provisions of this Master Declaration that rite Association shall bo cltargod with and responsible for lice rnanagomont of nil activities In The Landing Subdivision Including, in addition to all other duties and responsibilities sot forth herein, rho following: (a) The approval of all rules and rogulallons of each Sub-Association and providing of assistance to a Sub-Association In the enforcement thereof; and (b) Tho levy and collection of Assessments of each Sub-Assoclatlon which have boon certified by the Sub-Association Eioard to the Association. Nothing herein contained shall restrict or prohibit aSub-Association from owning, In Ira own name, t;ommon Aroa or other property related thereto, the use of wltlch shall be restricted to Mombors of that Sub-Association. liowovor, It Is the Intent of this Master Declaration that any such Common Aroa owned by a Sub-Association, the use and malnlonance titoreol and the actlvlties of the Sub•Association, shall be consistent with and in furtherance of the Project ObJectivos and the terms and provlslons of this Maslor Declaration to assure that the whole of The Landing Subdivision Is developed and approved as a quality residential community. SECTION 6.04. Members. Each Owner (including the Grantor) of a Lot by virtue of being such an Owner and for so long as such ownership is maintained shall be a Member of the Association and no Owner shall have more than one membership In the Association, but shall have such voting rights as heroatior set forth. A rneml~orship In the l~ssociation shall not be assignable, except to the successor-in-Interest of the O++ner and a membership In the Association shall be appurtenant to and Inseparable Iron the Lot owned by such Owner. A membership In the Association shall not bo transferred, pledged or alienated in any way except upon the transfer of title to Bald Lot and (lien only to rho iransloroo of title to said Lot. Any attempt to make a prohibited transfer of a membership shall be void and shall not be reflected on Itte books of lire Association. SECTION 6.05. Votinn. The Association (and each Sub-Association) strait have two (?) classes of voting mer7tbership: CLASS A. CIas9 A Membora shall be all Owners of Lots wlthln The Landing Subdivision, with the exception of the Grantor, and shall be entitled to one (1) vole for each Lot owned. CLAS B. Class B Members shall be the Grantor, and Its successor(s) In title to a Lot(s), whlctt l.ots(s) Is (told by such successor In an unimproved condition (I.e., without a residential dwelling thereon) for resale to a builder or other person for the purpose of constructing thereon a residontlal dwelling, and to which successor tlto Grantor has specifically granted such Class B voting rights In writing; provlded, Ihal If such voting rights are not so granted, such successor shall be entitled to lha voting rights of a Class A Mombor with rosl~oct to each Lot owned. Upon the first sale of a l.ot to an Cwnor, the Grnnlor eltall lltoroupon bo ontltlod to throe (3) votes for each Lot owned by the Grantor. The Class B membership shall cease and bo converted to Class A momborsitip when (i) the total votes outetanding In the Class A membership exceeds the total votes outstanding In the Class B membership, or QI) January 1, 2006, whichever shall Orst occur. SECTION 8.06. Board of Directors and Officers. The affairs of the Asaoclallon altall be conducted by a Board of Directors and such oillcers as the Directors may elect or appoint, in accordance with the Artlclos and By-Laws, as the same may be amended from time to time. SECTION 6.07. Powers of Assoclatlon. The Association shall have all powors of a non-profit corporation orgnnfzed under the laws of the Stale of kiaho subJect only to such Ilmltallons as are expressly sot forth In the Articles, the By-Laws or this Maslor Declaration. ft shall have the power to do any and all lawful things which may be autitorizod, roqulrod or permitted to be done under the Articles, By-Laws or Ihis Master Declaration, and to do and poriorm any and all acts v+ltich may ho nocossary or proper tor, or Incident to, the proper management and operation of tlto Common Areas and rite performance of outer rosponsibilitiest including, but not Ilmlted to, the following: MASTER DECLARATION - B ~.:341~~U~: U~:;~~ (e) Assessments. Tho pov+or to levy Regular, Spoclnl and Umltod Assessments on tlto Owners and/or Lols and to enforce payment therool In accordance with the provlslons of this Maslor Doclarotlon, (b) Rigtit of ~nforcemont. The power and authorlty from limo l0 147io In Its own name, on Its own behalf, or on behalf of any Owner(s) Who COnSOnI IhUfelO, t0 COrnmenCO and maintain ACIIOnS And salts to restrain and enJoln any breach or threatened broach of the Articles, By-LRWS, Master Declaration or ACC Rules/ACC Standards, and fo enforce by mandatory Injunct(on or otherwise, all provlslons Iltereol. (c) Delegation of Pov+ers. The authorlty to delegate its power and duties to committees, officers, employees, or to any person, firm or corporation to act as manager. , (d) Uabiiity of Board Members and Qfllcera. Neither any member of the Board nor Any officers of the Association shall be personally Ilable to any O,vnar, or to any other parry, for any darnage, loss or preJudice suffered or clalmad on account of any act or omisslon of the Association, the Board, Its officer, a manager or any other representative or employee of the Association, or the ACC, provided that said Board Member, officer, manager or other person has, upon the basis of such information as was avallabie, acted In good faith without willful or Intentional misconduct. (e) Association Rules. The power to adopt, amend, and repeal such rules and regulations as the Association dooms reasonable. Such rules shall govern the use by Owners and Occupants or any other person of Common Areas And other property owned or controlled by the Association; provldod, however, I Association rules shall not discriminale among O,vners and shall not bo inconsistent whit tlto Articles, I By-l.av+s or this Master Doclaralion. A copy of Associallon rules as tltoy may from limo to limo bo adopted, amended or repealed, sl~All be mailed or otlterwlse delivered to each Owner And Oc=clrpant. Upon such mailings said Association rules sltail Dave lho same force and effect ns II ll~oy v+oro sot forth In and wore part of Ihls f+iaslor Doelarnlion, In Iho event of any eonlliel between an Arsocinlion rule or any provision of the Arlicloe, By-Laws or lhle Maslor Declaration, the conlllcting provlslons of the Assoclatlon rules snail bo doomed suporcodod to the extent of any ouch Inconsistency. (() Emer oncy pov+er. Tl~e Association, or any person authorized by the Assoclatlon, rnny enter onto any Lot or Into any Building or other structure on a Lot In lha event of any emergency Invotving illness or potential danger to life or property or when necessary In connection with any maintenance or construction for which It Is responsible. Such entry shall be made with as little Inconvonionco to the Occupants as practicable and any damage caused tlteroby shall bo repaired by tt~o Association unless said entry was necossilalod by a condition caused by the Owner or Occupant. (g) Ucenses Easements and Rights-of•Wny. Tha power to grant and convey to any third party such Ilconses, easements, rlghts•of-way or foe title In, on, through, under or of the Common lvoas as may bo necessary or appropriate for the orderly mnlntonnnce, presorvatlon and onJoymont thereof and Ior the preservation of health, safety, convenlonce and welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: ' () Underground Ilnes, cables, wires, conduits and other devices for the transmission of any utility or other service. (il) Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and gas linos or pipes. (ii) Any similar public or quasi-public Improvements or facilities. (h) Flscai Yeer. The Board shall have the right to elect a fiscal year for the Association Instead of a calendar year for budget, Assessment and accounting purposes. SECTION 6.08. Dulles of Assoclatlori. In addition to the powers delegated to It by llie Articles, By-Laws and this Maslor Declaration, without Ilmlting the generality therool, the Assoclatlon or Its authorized agents, If any, shall have the obligation to conduct all business affairs of common Interest to all Owners and to perform each of the following dut(os: (a) Qperatlon and Maintenance of Common Areas. Perform, or provide for the performance of, the operation, malntonanco and management of the Common Areas Including the ropalr and roplncomont or property or Improvemenle thereon dnmagod or destroyed by casualty loss and all other property owned by the Assoclallon. (b) Texos and Assessments. Pny all reel and personal property taxes and essossrnonts separately levlod against the Common Areas owned by the Association or against the Assoclnllon end/or any property owned by the Association. Such taxes and assessments may bo contested or compromised by the Association; provldod, however, that they are paid or a bond insuring payment Is posted prior to the sale or the dlsposltion of any property to sAllsfy Clio payment of ouch taxes. In addllion, the Association shall pay all oll~er taxes, toderal, stale or local, Including Income or corporate taxes, levlod against tine Association In the event that ttte Assoclatlon Is dented the status of a tax exempt corporation. (c) tilltles. Acquire, provide and/or pay for water, sewer, refuse colloctlon, oloctrical, telephone, gas and other necessary services for the Common Areas owned by the Associallon. (d) Insurance. Obtain, from reputable Insurance companlee authorized to do business In the Slate of Idaho and maintain In effect the following pollcles of Insurance: Q) Fire Insurance, Including those risks ornbraced by coverage of the type now known as the broad form 'All Risk' or apeclal extended coverage endorsement on a blanket agreement amount bests for the full Insurable replacement value of all Improvemenle, equipment, ilxturea and other property located within the Common Areas owned by the Association, Including such equipment, fixtures and other property not located In the Common Areas, if the same are used or necessary for the use of the Common Wons or easement areas under the control of the Assoclatlon. QI) Comprehensive publlo ilabllity Insurance Inauring the Association, the Board, officers, the Grantor and the Individual Owners and agents and employeoe of each of the lorogoing agalnat any Ilablllty Incident to the ownership and/or use of the Common Areas owned by ttte Association or easement areas under the control of the Assoclatlon, Tlta Ilmits of IlAbillty of such coverage shall be as determined by the board of Directors. MASTER DECLARATION - 7 r~U~;:3E~ (ii) Full coverage directors and officers liability Insurance In an amount determined by Iho Board. (v) Such other insurance, including workmen's componsalion Insurance to the oxtent necessary to comply with all applicable laws and indemnity, falthlul performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association's (unctions or to Insure fife Association against any loss from malfeasance or dishonesty of any person charged with lire management or possession of any Association funds or oltrer property. (v) The Association shall be deemed a trustee of Iho Interests of all Q,vnors in any insurance proceeds paid to it under such pol(clos, and shall have full power to receive their interests in such proceeds and to dual therew(lh. (vi) Insurance premiums for the above Insurance coverage shall be deemed a common expense to be included In the Regular Assessments levied by the Association. (vii) Notwithstanding any other provision herein to the contrary, rho Association shall continuously maintain In efloct such casualty, liability and oll,er Insurance and a fidelity bond meeting the insurance and fidelity bond requirements for PUD pro)ocls established by Federal National Mortgage Association ("FNMA'), the Government National Mortgage Association ('GNMA') and the Federal Home Loan Mortgage Corporation ("FNLMC"), so long as any of which is a Mortgagee or Owner of a Lol within Tho Landing Subdivision, except to rho oxtent such coverage is not available or has been waived In writing by FNMA, GNMA or FHLMC, as applicable. (e) Identification Signs. Maintain, repair and replace all porrnanont entry and spociai identification signs for The Landing Subdivision, whether lho same bo located within or without fife boundaries of Tho Landing Subdivision. (f) Rule Making. Make, establish, promulgate, amend and repeal Association rules. (g) Architectural Control Committee. Appoint and remove members of the Architectural Control Committee, all subject to the provisions of this Master Declaration. (h) Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Master Declaration, as may be reasonably necessary to enlorce any of the provisions of this Master Declaration and rho Association rules, SECTION 6.09. Budgets and Flnanclal Statements. Fnanclal statements for fife Associallon shall be regularly prepared and copies distributed to each Member as follows: (a) A pro forma operating statement (budget) for each fiscal year shall be distributed nut loss than thirty (30) days after the beginning of each fiscal year. (b) Within ninety (90) days after the close of each fiscal year, rho Association, or its agent, shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of (tie Association's fiscal year and an annual operating statement reflecting the Income and expenditures of lice Association for that fiscal year. ARTICLE VII. ASSOCIATION PROPERTIES SECTION 7.01. se. Each Owner of a Lot, his lamily, licensees, Invitees, lessees and contract purchasers wl~o reside on the Lot, shall be entitled to use the Association properties and the properties of any Sub•Association of which the Owner is a Member subject to the following: (a) Articles. Etc. The provisions of the Articles and By-Laws of the Association and any Sub-Association applicable to the Lot, this Master Declaration and applicable Supplemental Declaration and the rules, regulations and standards promulgated thereunder. Each Owner, in using rho Association or Sub•Association properties, shall comply with the same. (b) Suspension of Rights. The right of (fie Association or Sub•Assoclation to suspend fire rlglits to use properties owned by It (except roads and other means of access by an Owner) for any period during which any Assessment agatnst that Owner's Lot remains unpaid; and for any Infraction or published rules and regulations of the Association or Sub•Assoclatlon. (c) Dedications. The right of the Association or Sub-Assoclallon to dedicate or transfer all or any part of properties owned by It to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed by the Board, so long es sa(d transfer dons not diminish tl~o security of the Mortgagees on any Lot or Common Aroa In Tha Landing Subdivision. (d) Mortgage or Convoyanco of Common Aroa. Except as provldod In subsection (c), above, no portion cf the Common Aroa shall be mortgaged or ~nveyod by the Association without the prior approve! of at toast two-thirds (2/3rds) of the Class A Members, which approval may bo obtained (n writing or by a vote of the Class A Members at a meeting called for such purpose and, with respect to such meeting, the provisions concerning notice and quorum in Sect(on (1.11, below, shall apply. SECTION 7.02. Damages. An Owner shall bo liable for any damages to the Common Aroa which may ba sustained by reason of the negligence, reckless or Intentional misconduct of said Owner or of his family, licensees, Invitees, lassoes or contract purchasers, both m(nor and adult. In the case of )olnt ownership of a Lot, the liability of such Owners shall be Joint and several. The cost of correcting such damage shall be as a Umited Assessment agatnst that Owner's Lot and may be collected as provldod in Article IX, below. SECTION 7.03. Damage and Destruction. In the case of damage by fire or other casualty to property owned by the Association or any Sub-Association, Insurance proceeds to compensate for damage and destruction sfiail be paid to rho Association or the Sub-Association, as the case may be, and the recipient thereof shall therealtor determine what repair or reconstruction shall be undertaken. MASTER DECLARATION 8 :~ 3 U ~~ Q G t~~::~'~ SECTIOfJ 7.64. ~ndomnatlon. If al any time any part of a Common Non or ether proporty ownod by the Association or any Sub~Association bo taken or condornnod I>y any public entity or sold or olhorvrl~o dispo;ud of (n lieu therool, all compensation, damapos or other proceeds shall bo paid to lho pysoclalion or lho Sub-A socletion, whichever entity owns said property. Tho recipient of said payment shall then ueo ail or a portion of the funds to pay obliUatiuns secured by any lien on the property taken and thereafter may determine to use the funds to p) Improve other properties of life Association or Sub•Aseoclallon; (i) acquire and/or Improve additional properties Jor the Pasoclatlon or Sub-Association; or pit) use such proceeds to reduce future assessments. ARTICLE VIII. ASSESSMENTS SECTION 8.01. ~venanl to Pay Assessments. Each Owner hereby, and by acceplanco of a deed to a Lot, covenants and agrees to pay when due all Regular, Special and Umiled Assessments or charges made by fife Association or aSub-Association of. which the Owner Is a Member. All such Assessments, together with Interest, costs and reasonable attorneys' foes which may be Incurred In collecting ttto same, shall be a charge on the land and shall be a continuing Ilan upon the Lot against which each such Assessment is made, and shall be also the personal obligation of the Owner of such Lot at the lime when the Assessment become due and payable. The personal obligation for deilnquent Assessments shall not pass to an Owner's successors In title unless expressly assumed by them. No Or+ner may waive or otherwise avoid liability for any ?ssossmont by non-use of the Common Areas or by abandonment of his Lot. SECTION 8.02. Regular Assessments. Regular Assessments shall be made by life Association at times and intervals deemed appropriate by the Cioard. The Regular Assessments shall be based upon advance estimates of cash requirements as determined by file Board for the mainlenanco and operation of lha Common Areas and all easement areas, li any, controlled by the Association and for the performance by the Assoclatlon of Its other duties and rosponsibiliUos, Sucli estimates may Include, but shall not be limited to, expenses of management, taxes and spoclal assessrnonls of local govornmontal units, premiums for all insurance which the Association Is required or permitted to maintain hereunder, landscaping and care of grounds, lighting, water charges, trash coilectlon, sewerage charges, repair and maintenance, legal and accounting fees, and any dolicit remaining from previous periods and the creation of a reserve, surplus and/or sinking fund(s). The Initial annual Regular Assessment shall be the amount of $50.00 per Lol, until changed by the Board. SECTION 8.03. eclat Assessments. In addlllon to Regular Assessments, file Association may levy at any time a Special Assessment payable over such period as Ilse Board may doom approprlale for the following purposes: (a) To defray, in whole or In part, the cost of any construction or reconstruction of Irnprovomonls on a Common Area, unexpected repair or replacement of a Common Area or nay facility located thereon or an easement area controlled by the Association, the furnishing of a special service or services (other than those approprlale for a Umiled Assessment), or for any other expenses Incurred or to bo Incurred as provided In this Master Declaration. (b) To cure a deficit In the common and ordinary expenses of the Association for which Regular Assessments for a given calendar or fiscal year are or will be Inadequate to pay, as determined by the Board. At the closing o1 the sale of each Lot by the Grantor, a special assessment or $100.00 shall bo collected from the purchaser of the Lot as payment for the Inltlal conatrucllon of the Common Area. SECTION 8.04. ~lmlted Assessments. In addlllon to Regular and Special Assessments, Owners shall pay Umitod Assessments as follows: (a) Maintenance and Reoalr. The Assoclellon shall have the power to Incur exponsos for malnlonanco and repair of any Lot or any Improvements on a Lot, If such malnlonanco and repair Is necessary, In the opinion of the Board, to protect the Common Area or any other portion of the proporty, and it the pwner of said Lot has felled or refused to perform said mainlenanco or ropalr within a ronsonablo time after written notice of the necess(ty therool has boon delivered by the Board to said Omer. Tito Board shall levy a Umiled Assessment against the Owner of the Lot ownod by said Owner to pay for the cost of such mainlenanco and ropalr, and any other cost or expense, Including attorneys' loos, arising out of or incident to such maintenance and ropalr and the Assessment tliorolor. (b) l",orrectlon of Violations. In addlllon to malnlonanco and ropalr. the E3oard, upon cortilication hem the ACC of the tellers or refusal of an Owner to correct n violation of this Master Declaration or the ACC Rules/ACC Standards, shall have the power to correct any such violation on a Lot or any Improvement on a Lot, and Incur costs necessary In connoctlon therewith. Tha cost of such corrective action, together with Interest, related exponsos and aUornoys' foes shall be assossod and colloclod as sot forth In Article X of this Master Declaration. (c) Umitod Purpose. The Association shall have the power to levy aUmitod /tssassmont against O.vnors and Lots for any limited spoclal purpose which the Board believes necessary with respect to certain Lols but not an approprlale expense for payment by the Associallon. Such Urrritod Assossmont shall not be made until the Ownora of said Lots aubJoct thereto have boon pivon nrt opportunity, after notice, to partlcipele In a hear!ng with respect to said Umllod Assessment. SECTION 8.05. Sub•Assoclatlon Assessments. Any Sub-Assoclallon of The Landing Subdivision Is hereby empowered to assess and certify for levy and collactlon by the Association, Regular, Special and Umitod Assessments on the Lots and Owners lhereol who are Members of the Sub•Assoclatlon. The certlflcallon for levy by a Sub-Association and the colloctlon therool by the Association shall be as follows: (a) The Sub•Assoclatlon Board shall, following Its Bylaws, rules and regulations, moot and approve a Regular, Special or Umitod Assessment. (b) A written certlllcalion signed by the President and Secretary of the Sub-Assoclatlon that a Rogutar, Special or Umiled Assessment has been approved by the Sub-Assoclatlon Board shall be submitted to the Board. The certiflcatlon shall contain the following: (I) a doscriptlon of the type of Assossmont to be touted and collected; pl) the name end address of the Owner and Iho legal doscriptlon of ouch Lot to be assossod; QII) the amount to be levied and collected Irom each Owner; and (iv) the Corm of said levy and the due dates for the payment lhereol by the Ownora alfocted. Tho due dates may be adJuated by the Board to conform the same to the due dates of the Assessments of the . Association MASTER DECLARATION 9 ~~U`.i ~~ for the purpose of achieving ollicloncy and economy In preparing and rrrniling slatumunls and notices and colloctlon. (c) Upon compliance with the foregoing, the Board shall levy Clio Assessment so certified In accordance with the terms of the certification In the same manner as levies for Assessments of the Association. My lery made by the Association on behalf of a Sub•AssoCiation pursuant to a proper certification shall have the same force and effect as a levy made by the Association. (d) depostssuchlounds as received Inf thoasopadratauaccountoolath S b-Pssoclatlon as doslgnaleldnbysthel Sub-Association. ~~ SECTION B.OG. C,ommoncement of Ropular Assessments. Regular Assessments of life Association against each Lot shall commence the earlier of the following: (i) six (6) months following the closing of the firs) Salo of a l.ot to an Owner, or (i) the occupancy of the first Building constructed on a Lot. Prov(ded, however, that any Lot ovrned by tiro Grantor slinll bo assossod a Regular Assessment not exceeding ton percent (1096) of the amount assessed against Lots owned by oilier Ovrnors. It fife Grantor pays alt or any portion of the expenses of fife Association in excess of life amount assossod to Lols owned by ttio Grantor, such excess amounts so paid shall constitute a prepayment of Assessments (Regular and Special) to become duo and payable on tt~e Lots owned by tt~e Grantor within The Landing Subdlvlslon; provided that unless such excess amounts so paid by life Grantor era paid pursuant to a written agreement with the Assoclallon to the contrary, the Grantor shall not bo entitled to roimbursomont In cash of any such Assessment credit nor shall such credit Inure to an Owner purchasing a Lot from tl~o Grantor, unless such person is the successor to substantially all of the Interest of the Grantor In the Property. Nothing lioroin contained slinll obligate the Grantor to pay any Assessment with respect to a Lot within a separately platted phase or subdivision within Tho Landing Subdlvlslon In which the Grantor owns ell of life Lols. SECTION 8.07. ~Jniform Kato of Assessment. P~ccopt as expressly provided to the contrary In this Master Declaration, Regular and Spocinl Assessments of lho Assoclatlon shall bo 11xod al a unllorm tale for all lots. SECTION Fi.08. Assessment Duo Dale. The duo dales for Regular, Spoclal and Limited Msossmonts shall bo the lust day of the first month of each calendar quarter, unless some other due date Is established by Clio Board. Each Installment of an Assessment shall be delinquent II not paid within fifteen (15) days allot the due date thereof. Nothing horeln contained shall prohibit the Board from requiring that Special or Umited Assessments be paid In a lump sum Instead of inslallmenls. SECTION 8.09. Inlorest and Penaitlos, My Regular, Spoclal or Umited Assessment levied by the Association on Lots, if not paid when due, shall bear Interest at an annual rate as shall be sot by the Board from time to limo, or It none Is so sot, at an annual rate of twelve percent (12%). Such Inlorest shall commence on lha data the Assessment becomes duo and payable. In addition to the Interest charge the Board may, In accordance with rules and regulations promulgated by it, impose additional tines or charges for the failure of an Owner to timely pay any Assessment when due. Tito right of the Board to charge Interest or impose additional fines or charges shall bo In addition to, and not In Ilou of, any other right of enforcomenl or sanction available to the Board in the event of non-payment of an Assessment. SECTION 8.10. Estoppel Certificate. The Assoclallon, upon not loss than twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request a statement In writing stating whetitor or not to the knowledge of such Association, a particular Owner Is In default under the provisions of tills Master Doclaratlon and lurthar slating Clio dales to which Assessments have been paid by Bald Owner, It being Intended that any such certificate delivered pursuant to ails Section may be relied upon by any prospective purchaser or Mortgagee of said Lol, but reliance on such certificate may not extend to any default as to which the signer shall have had no actual knowledge. The Association shall have the rlgltt to charge a reasonable lee for the certification horeln provided. SECTION 8.11. Notice and Quorum Roqulromonts. Nolwithstanding anything to the contrary contained In either the Articles or the By-Laws of the Association, written notice of any meeting called for the purpose of levying n Spoclal Assessment or a Umited Assessment described In Section 8.04, above, shall bo sent to all Owners subJoct to the levy of such Spoclal or Umited Assessments not less than ten (10) nor more than fifty (50) days In advance of fife moeling, The presence of Owners or of proxies entitled to cast sixty percent (60%) of the total voles of each class of Members of the Association subJoct to the levy of such Special or Umited Assessment shall constitute a quorum. II the roqulred quorum Is not present, the mooting rnny be roscl~oduled by the Board for a dale not later than sixty (60) days slier the dale of Initial moeling and at fife rescheduled moeling fife presence of Owners or of proxies entitled to cast ten percent (10%) of the total votes of each class of Members shall constitute a quorum. No vrritton notice of the rescheduled meeting shall be roqulred. ARTICLE IX. ENFORCEMENT QF ASSESSMENTS SECTION 9.01. Right to Enforce. The right 1o collect and enforce payrnont of the Assessments made by fife Association (including the Assessments made and certified by a Sub•Aasoclation) Is vested in the Association. Each Owner of a Lot hereby agrees to the enforcomenl of the payment of all Assessments In the manner herein provided. In the event an attorney Is employed for the colloctlon of an Assessment, whether by cult or otherwise, or to enforce compliance with or specific performance of any of the terms and conditions of this Master Doclaratlon, the Owner against whom such enforcement Is sought shalt pay reasonable attorneys' lees In connection therewith. SECTION 9.02. t'reation of Assessment Uens. There Is hereby created a continuing claim of lion with power of sale on each and every Loi to secure payment of any and all Assessments levied against any and all Lots in Tho Landing Subdivision pursuant to this Master Doclaratlon, together with Interest ttieroon and all costs of collection vrliictt may bo paid or Incurred by the Association In connection therewith, including reasonable attorneys' lass. Said lien shall bo prior and superior to all other lions or claims created subsequent to the recordation of this Master Doclaratlon except only for: (I) valid lax and special assessment Ilons on Lots In favor of any governmental unit assessing authority; (il) a Ilan for all sums unpaid and secured by a first Mortgage or first Deed of Trust, duly recorded In Ada County, Waho, Including all unpaid obligatory advances to be mode pursuant thereto; and (li) labor or materlalman's lions, If the same era prior and superior by reason of applicable law. NI other Ilan holders acquiring liens on any Lol after recordation of this Master Declaration shall be deemed to oonsenl thnl such lions shall be Inferior lions to the lien for Assessments levied by the Assoclatlon, wl~othor or not such consent be spoclfically set forth In life Instruments croat(ng such other Ilona. SECTION 9.03. Notice of Assessment. Kan Owner falls to pay an Assoosmont wittiln thirty (30) days of Its due date, the Association shall prepare a written Notice of Assessment setting forth the typo of Assessment, the amount of the Assessment, the due date thereof, Including the amount and due date of Installments (If the same are porrr~ittoci), ltro amount remaining unpaid at the time of filing, the name of the record Owner of the Lot and a legal description of fife Lot. Such Notice shall be signed by the President and Secretary of the Association, acknowledged by a Notary Public and recorded In fife office of ttie Ada County Recorder. At such time as a delinquent Assessment which Is described In the Notice Is pa(d, tiro Association shall prepare and record a Notice of Satlslactlon with respect thereto. MASTER DECLARATION - 10 ~.~U~~.o~~a~~~ SECTION 9.04. Gnforcoment. Upon the failure of an Ovrnor to pay an Assessment In eccordanco with its forms, Iho lien for Assessment heroin created may be anforcod by sale by the Association, such sale to bo conducted In the mannor providod by law In Idaho for the er.orclse of Iho power of sale In Deeds of Trust or In any olitor mannor permitted by law elected by the E3oard. In any such foreclosure, tl~o Owner strait bo royulrod to pay tl~e costs and expenses of such proceedings, Including all reasonable attorneys' fops. All such costs and expenses shall bo secured by the Ilon being foreclosed. Tho Owner shall nlso be required to pay to the Association any Assessments against the Lot wlllch shall become due during ttto period of foreclosure. The Association st~arlo `a oncumborhtusedaPd otherwise doalihwltho and Inr saldl Lotr ast lho loO~+noral-toaeot, to acquire and tfiaroaflor Bold, convey, lease, , SECTION 9.05. Nolica Required. tJolwilhstanding anything to the contrary contained In this 64aslor Declaration, no nctlon may be brought to torecloao the Ilen for any Assessment, whollier by power of ante or ottierwlse, until the expiration of thirty (30) days after written fJotlca of Dotaull has boon deposited In the United Stales moll, certified or registered mall, postage prepaid, return receipt requested, addressed to life Owner of lho Lot doscrlbed In such Notice at the last known address of the Owner as shown on the books and records of the Assoclatlon. Said Nollco shall specify the amount and duo date of fife unpaid Assessment(s) and the legal description of the Lot. SECTION 9.06. Ro ortin Tho Association shall provide s Mortgagee with a copy of a Nollco of Default served on an Owner under Section 9.05, above, Ttie duty to glue such Notice shall arise only after said Mortgagee furnishes to the Assoclatlon written notice of a ivlortgage (or Deed o1 Trust) which shall contnln the following: (a) The name and address of said Mortgagee; (b) A legal description of the Lot subJect to the Ilen of the Mortgage by Lot, Block and Subdivision; (c) The name and address of the Owner; (d) The dale the Ilan of the Mortgage was filed of record In Ada County, Idaho, and the Instrument number thereol; (e) The matur(ty dale of the obligation secured by Bald Mortgage Ilen; (~ A copy of a title Insurance report evidencing that file Mortgagee Is the holder of a lirst Mortgage or the beneficiary of a first Deed of Trust; (g) The slgneture of the Mortgagee or authorized agent. In the event the Association shall be required to notify a Mortgagee as herein providod, Iho Assoclallon shall assess the Owner who is dollnqu`he Assess o if I1en5d0escrlbed rln Se tfon 9'029 abovesu Tho cthargteolorasduc:l~unlotil cat on shall bo subject ~o , collection secured by change by the Board. SECTION 9.07. Term of Assessment. Unless sooner satlslied and released or the enfurcornont thereof Initialed as , provided In this Article, the Ilon for any Assessment touted under Ihls Master Declaration or any applicable Supplomonlal Declaration shall expire and be of no lurther lorco or effect after a period of five (5) years from the later of (i) the dnto of said Assessment, or (i) the date the last Installment thereol Is due and payable. Provided that the expiration of the lion as providod heroin shall not release an Owner Irom the personal obligation to pay any Assessment. SECTION 9.Of3. Non-Exclusive Remedy. Tho romodles set forth In lifts Article or olsnwhoro In lifts Master Declaration shall not be doomed to be an exclusive remedy and lho Association may pursue all other romodles available at law or In equity. ARTICLE X. ~ ~tJ6-ASSOCIATIONS 1 SECTION 10.01. nation. The Grantor shall have lha right to create Sub-Associations as Idaho non-prolit corporations. Each such Sub-Association shall have all power, rights, obllgatlons, responslbllitles and duties and be subJect to all of the same limitations and restrictions as ere specified In this Master Declaration with respect to the Association, except for such dilforoncos, requirements or limitations as are expressly set out in this Master Declaration and/or tl~o applicable Supplomonlal Declaration and such changes as the Grantor may deem appropriate as a result of fife different and specific Common Areas being owned, maintained and managed by such Sub-Associations, which changes shall ba sot forth in a Supplomonlal Doclaralion. SECTION 10.02. Votin Each Sub-Assoclatlon shall have the two (2) classes of voting membership and the voting rights shall be as specilled for ttte Assoclallon In Soctlon 6.05, above. SECTION 10.03. Powers and Duties. Each Sub-Assoclollon shall be managed by a Board of D(reclors and olficors In the same manner as specified In Section 6.06, above, for the Association and shall have life same powers and duties with respect . to its Mombora and the Common Areas owned, managed or malntalned by It, Including any easement areas controlled by It, said . powers and duties to Include the levying o1 Assossrnenta and certilicatlon thereol to life Association for collection, aclopt(ng rules and regulations, granting easements, licenses and rlghts~ol-way, payment of expenses, taxes, assessments, utility charges, Insurance premiums and the preparation and distribution of budgets and Ilnanclal statements as era providod In Artlclo. VI, above. II SECTION 10.04. Members. The Members of each Sub-Assoclallon shall bo life pwnors of Lots In the portion or pltaso of The L,anding Subdlvlslon doscrlbed In Iho Supplomonlal Declaration totaling litoroto. Memberships may only bo lranslorrod In the same manner as spocilled In Soc!lon 6.04, above. AATICLE Xl. (ARCHITECTURAL CONTROL COMMITTEE SECTION 11.01. Members o1 the Committee. The Architectural Control Committee shall bo compr(sed of at least throe (3) persons, all of whom shall be appointed as hareln provided. A member of the ACC shall hold office until ha has resigned or has been removed, but In any event, until said Member's successor has been appointed. Members of lho ACC may ba removed at any time, with or without cause. SECTION 11.02. Apaolntment. So long as the Grantor owns any Lot or parcel within the Property, the Grantor shall have the sole right to appoint and remove all members of the ACC. Therealler, all members of the ACC shall be appointed or removed by the Board. MASTER DECLARATION 11 ~®~~J:J~33U0 The ACC shall have the right by a resolution In wrlting unanimously adopted, to designate ono (t) of its membors to take any action or perform any duties for and on behalf of the ACC. In the absence of such doslgnalion, the vole of any two (2j members of the ACC shall cor~slitule an act of the ACC. SECTION 11.03. ~omponsatlon. The membors of the ACC shall not receive any componsatlon for services rendered, but shall be reimbursed for actual expenses Incurred by thorn In the performance of their dutlos Itoroundor. SECTIOiJ 11.04. Non•Liabillly. Neither the ACC, or any member thareol, or the Grantor or any partner, officer, employee, agent, successor or assign ihoreof, shall be liable to ills Assoclallon, any Owner or any other person for any loss, damage or Injury arising out of or connected with the performance by the ACC of Its dutlos and rosponsibilitios by reason of a mistake in Judgment, negligence or nonfeasance arising out of or in connoctlon with the approval or disapproval or failure to approve an application. Every person who submits an appllcation to the ACC for approval of plane and specifications agrees, by subrnisslon of such an application, and every O,vner or Occupant of any Lot agrees, by acquiring title thereto or an Inlera~nt~r,rem to ee~ arrengt,asuccossor or suit against the Assoclalion, the ACC, or any member thereof, or the Grantor or any officer, p p Y 9 or assign thereof to recover such damages. SECTION 11.05. Approval Required, No construction, alterallon, modiflcatlon, removal or destruction of any Improvomonts of any nature whatsoever, whether real or personal In nature, shall be Initiated or be permitted to continuo or exist within The Landing Subdivision without the prior express written approval of the ACC. SECTION 11.06. Variances. The ACC may authorize variances from compliance with tfio requirements of any conditions and restrictions contained In this Master Declaration, the ACC Rules/ACC Standards, or any prior approval when, In tits sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or onvlronmonlal consldoratlons or hardship may so require. Such var(ancos must be evidenced In a wrlting signed by at least two (2) members of the ACC. If a varlanco Is granted as provided horeln, no vlolatlon of this Master Declaration, ACC Rules/ACC Standards or prior approval shall bo doomed to have occurred with respect to tits matter for wlilch the varlanco was grantocf. Tlie granting of such for any purpose e~tcept aseto the Ipariicularf sutb)eci meatterd ofrthelovarlancehlthereotoandotheraspacific tLot coveredlolfteAe Y Standards The ACC shall have the right to consider and grant a varlanco as horeln provided either with or without notice to other O,vners or a hearing of Owners thereon. The granting of a varlanco by the ACC pursuant to this Secilon shall not rel(eve the Owner from the obligation to fully comply with the applicable ordinances of the City of Meridian, Idaho. SECTION 11.07. A-ppllcallon. To request ACC approval for the construction, altoratlon, modification, removal or demolition of any Improvomonts within the Property, the Owner shall submit a written application In a form roqulrod by the ACC wlilcit must be signed by the Owner and contain all Information requested and be accompanied by all other material to bo submitted as hereafter provided. All applications must contain, or have submlHOd therewith, the following material (collectively called 'plans and specifications') prepared in accordance with acceptable architectural standards and submiltod with the application form, it any, approved by the ACC: (a) its Plan. A site plan showing the location of tits Building(s) and all other structures and Improvomonts Including lances and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent Information relating to the Improvements. (b} Building Plan. A building plan which shall consist of prellminary or final blueprints, elevation drawings of the north, south, east and west aides, and detailed exterior specllicallons which sltatl Indicate, by sample If required by the ACC, all exterior colors, malorials and flnlslios, Including root, to be used. (c) Landscape Plan. A landscape plan for portions of the Lol to be landscaped wlilch shall show ttie location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freastanding exterior lights, driveways, parking areas and walkways. The ACC may, In its discretion, require the t~,rner to furnish addillonal specifications, drawings, material samples or such other Information as the ACC, In Its sole discretion reasonably exercised, shall doom necessary or convonlont for the purpose or assisting the ACC in reviewing and processing the appllcation. SECTION 11.08. Decision. In reviewing the appllcation and the malorials submiltod tlierowillt and In reaching a decision thereon, the ACC shall use Its best efforts and Judgment to assure that all Improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance and be of the quality roqulrod to maintain Tl~e Landing Subdivision as a qualify residential development. Unless extended by mutual consent of the Owner and the ACC, the ACC shall render Its doclslon with respect to an application within forty-five (45) days aHer the receipt of a properly submitted appllcation. 71ie doclslon of life ACC can ba In life form of an approval, a conditional approval or donlal. Tho doclslon o1 the ACC shall be In writing, signed by a member of the ACC, dated, and a copy thereof mailed to the Owner at Iho address shown on the al>pllcallon. A conditional approval shall set forth with particularity the condillons upon which life application Is approved and the Owner shall be required to aliix a copy of said condillons to the working drawings or blueprints wlrlch are to bo kept on the Job site during the entire course of the work to which said plans relate. A donlal of an appllcation shall state with particularity the reasons for such dental. SECTION i 1.09. Inspecllon and t;,omplalnls. The ACC Is empowered to Inspect all work In progress on any Lot at any tappllcaUonhornla devlatingatherefrfomtoe euvolatlngf thlsoMaslergDoclaratlonhorOlhenACC Ruloo/ACC Strand ra da or tl eitapprovedpplana and specifications. The ACC la empowered to reoelve from other Ownero {"Complainant') complalnta In wrlting Involving devlallons from approved applications or vlolatlone of this Master Declaration or any applicable ACC Rules/ACC Standards. In the event the ACC receives such a complaint from a Complainant, It shall first determine the validity of such oomplalnt by lnepectlon or otherwise. Should the ACC determine tHat there has boon a devlallon or s vlolatlon, It shall promptly Issue a notice In wrlting thereof to the Owner and to the Complainant, which nonce shall specify the particulars of the dovlatlon or vlolatlon rand shall demand that the Owner conform to either of both of the tollowing directives: MASTER DECLARATION - 12 (a) Tlie Owner shall Immodiatoly coase Itro activity which consliluios a doviation or violation. (b) Tha O~+ner eliall adhere to lho corroclive moasures sot forth In fire wrillun nolico. Should the ACC determine there has boon no deviation or vlolallon, It shall promptly Issuo a notice of such delormination to the Or+ner and the t;,omplslnant, SECTION 11.10. Hoarin M Ownor submitting an appllcallon under Secllon i 1.07, abovo, or sorvod with a written nonce of deviation or violation, or a Complainant shall have the right to roquest and be hoard at a hoaring hold by the ACC for the purpose of presenting facts and Information to the ACC. Such hearing must bo roquostod by such party withln ton (10) days from the dale the written nolico of the decision of the ACC Is malted to the O,vner (and Complainant} as evidenced by the records of the ACC. The hoaring shall be held withln ten (10) days lollowing receipt by the ACC of the request for a hoaring, unloss the ACC shall oxlend said period of lime becauso of the unavallabllity of ACC members. A hoaring may be continued by the ACC for the purpose of further Investigation or to recolve additional evidonce. Upon completion of the t~earing, tiro ACC shall issue a written opinion to the Involved partloe withln ten (10) business days thereafter which opinion shall set lorth the findings of itre ACC with respect to the matters at Issue and shall alfirm, modify or rescind Ile previous decision as contained In the original written notice. tf the ACC Incurs any costs or expenses In connection with the Invostigation, processing or hoaring on a maltor involving a deviation or vlolallon, Including the costs of retaining a consultant(s) to advise the ACC and logal fops, such costs shall bo paid by the Complainant unless an Cti+ner la found to be In violation, In which avant such O.vnor shall I~ay nil such costs. The payment of such costs shall be enforceable as provided In Section 11.12, below. SECTION 11.11, eel. Either an pwnor or a Complainant shnli Irnvo Iho riglrl to appoal to tlio Board a decision of the ACC on an application with respect to file conditions Imposed theroon or a dental thoraol, or a docision of Ilre ACC adverse to the Owner or the Complainant reached lollowing a hearing held pursuant to Section 11.10, abovo, provided, howovor, that neither an Owner nor a Complainant shall bo entitled to such an appeal with respoct to deviations or violations unloss said Owner or Complainant has participated In the ACC hearing. A notice of appoal shall be In writing and shall ba doliverod by mail to the Socretary of tho Board v+itliin ton (10) days Irom the date of the decision by the ACC. Said nolico of appoal shall be dated and shall contain tl,o name of the pwnor and the Complainant, Ii any, and a copy of the written declslon or delerminatlon of tho ACC. Tlie Inlluro of an Owner or Complainant to appeal a decision of the ACC In the manner and withln the time herein provided sliali terminate all rights of said Owner or Complainant to appeal said declslon and It shall be binding and enforceable. The Board shall fix a date for the hoaring of such an appeal which date shall bo no lalor than ton (t0) days Irom tho date of receipt o1 a notice of appeal unless extended by the Board bocause of lho unavailability of Board members. Tha Owner and Complainant, 11 any, shall be advised of the time and placo of the hoaring by a mailed written notice. Wrilton nolico of time and place for hearing shall also be sorvod by mail upon each member of tho ACC. The Board may roqulre the Corner or Complainant to provide additional information to facilitato the Board's docision and the failure of such party to comply promptly with such a request shall entitle tho Eioard to deny the appoal, In which event the declslon by the ACC shall be considered final and not subject to further appoal. At the hearing Ilse Owner, Complainant, If any, and the ACC, togetltor with their roprosentntivos and othor witnesses, snail present their position to the Board. The order of presentallon and the evidence to be admillod shall be solely within the discretion of the Hoard provided, however, that the Owner, the Complainant, If any, and the ACC shall have the opportunity to question and cross-examine witnesses presented by the other. The C^++nor, the Complainant, It any, and the ACC will have the opportunity to present final argument conslslent with rules adopted by the Board for such hearing procoss. My party may be reprosented by an attorney at any hearing by the ACC or the Board. Upon receiving all of tho evidence, oral and documentary, and following the conclusion of the hearing, tlio Board shall rotire to deliborale and shall reconvene at a limo and placo detormined by tho Board, at wlilch time the Board shall cast its ollicial ballot and the declslon shall be duly recordod In tl~o minutes of the mooting. Tho Owner, ll~o Complainant, 11 any, and tiro ACC members shall be given written notice of the declslon which shall be doomod gluon when doposilod In tho Unitod Stalos mail, postage prepaid and properly addressed. H the Board Incurs any costs or expanses In connection with the Investigation, processing or hoaring on an appeal, Including the costs of retaining a consultant(s) to advise the Board and legal lees, such costs shall bo paid by tl~e pnrty(s) tiling the appeal unless the declslon by the Board constitutes a subslantlal reversal of the decision of tho AGC, in which avant such costs shall be paid by the Association. It the party filing the appoal Is obligalod to pay such costs, payment of tho same shall be enforceable as provided In Section t 1.12, below. A declslon of the Board of an appeal shall be linal and shall not be subject to rocons(deration or lurther appeal. SECTION 11.12. Enforcement. The ACC, upon approval by the tlgard, shall be autl~orizod on boltall and In the name of the Association to commence such legal or equitable proceedings as are detormined by it to be necessary or propor to corroct or enjoin any activity or condition existing wllhln the Property, the continuation of which vlolatos tho provisions of this Master Declaration, the ACC Rules/ACC Standards or the approved plans and epeclllcatlons. The ACC shall not commence such legal or equitable proceedings until a wrilton nolico of tho deviation or violation has been appropriately prepared and given to the Owner but thereafter the ACC shall hAve the sole discretion to commence such proceedings. The autf~ority of the ACC as herein providod shall Include the power to rolairi legal counsel and oxport witnossos, pny tiling tees, deposition costs, witness foes and all other ord(nary end necessary expenses Incurred In commencing and carrying out said legal or equitable proceedings, all of which costs shall be paid by the Association. In the event the ACC and/or Association shall provall In any such logal or equitable proceodings, all costs and exponsos Incurred In connection thorewlth Including, but not limited to, attorneys' lase shall bo relmbursod to tho Association by the Owner against whom said proceedings are filed and upon the failure of Bald Owner to reimburse the Association wllhln live (5) days altar written demand therefor Is mailed to the Owner, the Association shall have the right to levy a Umltod Assessment against the Ov+nor and the Lot owned by the Owner which Assessment shall be equal to Bald costs and exponsos incurred plus any additional costs and expenses Incurred In levying the Assessment. Said Umlled Assessment shall be due and payabio at such time or In such installments ae may be determined by the Board, In Its sole discretion. The failure of the Owner to pny Bald assossmonts, or any Installment thereof when due, shall bo enforceable in the rnannor providod In Article IX, above. SECTION 11.13. Additional Damages. In addition to the costa and exponsos to bo rolmbursod by the Owner or the Complainant, all other costs, expanses and damages detormined by the Board to be proximately caused by file doviation or violation or the costs and expenses Incurred by the Association to correct the same shall bo assossod as a Umltod Assessment against the Corner and the L.ot owned by Bald O,,+ner, or the Complainant and the Lot owned by the Complalnnnt, as the case may be, wfilch MASTER DECLARATION - 13 ~-~U~~OC'a302 Umited Assessment shall bo due and payable at such limo or In such Inslallmonts as determined by fife Board, In its sole discretion. The right of Ilse E3oard to enforce Bald Untifod Assessment shall be fife same a provided in Article IX, above. SECTION 11.14. Non-Exclusive Fiomody. The right of the Association to levy a Lintilod Assessntenl as described in Sections 11.12 and 11.13, above, shall not be deemed to be an exclusive remedy of life Association and Il may, in its sole discretion, without waiver of any other legal or equitable remedy, pursue enforcement of the lien of said Limited Assessment(s), proceed to collect any amount due directly from the Owner and/or pursue any other remedies available at law or in equity. SECTION 11.15. Private Rights. The Association shall not have the rlgltt to mediate or litigate private disputes between Owners where there is a legal or equitable remedy available to resolve said dispute when, In lho sole discretion of the E3oard, the interests of the Association or a substantial number of fife Owners would not be bonefitled thereby. ARTICLE XII. ANNEXATION SECTION 12.01. Mnexation. Additional property may be annexed to The Lending Subdivision and brought within the provisions of this Master Declaration by ttte Grantor, at any time, without the approval of any Owner or the Association, provided, that such annexation Is first approved by the U.S. Department of Housing and Urban Devalopntent (`HUD'), if such approval by HUU is required as a condition for FtiA/VA financing. To annex additional property to The Landing Subdlvlslon, the Grantor shall record an amendment to this Master Declaration which shall specify the annexation of the additional property to Tho Landing Subdivision and which may supplement this Master Declaration with addition or different covenants and restrictions applicable to the annexed property, as the Grantor may deem appropriate, and may delete or modify as to such annexed property such covenants as are contained herein which the Grantor dooms not appropriate for the artnoxed property, so long as the additional, different, deleted or modified covenants or restrictions are not prohibited by the regulations and requirements of IiUD for residential subdivisions o1 rho nature and type as The Landing Subdlvlslon. Upon such annexation, the Owners of fife Lots within tiro annexed property shall become members of fife Association with all rlgltts, privilopos and oblignllons as all olftor rnombors. Tito antortcirlonl of this Master Declaration as authorized by tlt(s Section, to annex additional property to Tlto Landing Subdivision, shall be controlled by the provisions of this Section and shall ba expressly excluded from lire requirements of Section 14.02 of this Master Declaration. SECTION 12.02. De-Mnexation. Tho Grantor shall have the right to delete all or a portion of life Property front ltte coverage of this Master Declaration and the Jurisdiction of the Association, so long as the Grantor is the Owner of all of ttte property to be de-annexed and, provided further, that an appropriate amendment to this Master Declaration is rocorciod in the office of fife Ada County Recorder. ARTICLE Xlil. PROTECTION OF MORTGAGEES SECTION 13.01. Purpose. Notwithstanding any end all provisions of this Master Declaration to the contrary, to induce the Federal Home Loan Mortgage Corporation ("FHLMC'), the Government National Mortgage Association ("GNMA'), rho f"oderal National Mortgage Association ("FNMA'), the Federal Housing Administration ("FICA') and the Veterans Administration ("VA') to participate in the financing of the purchase of Lots within Tho Landing Subdivision, rho provisions of Ittis Article are added tlteroto. To the extent the following Sections of this Article conflict with any other provisions of this Master Declaration or Itte provisions of any Supplemental Declaration, this Article shall control. SECTION 13.02. Restrictions on Amendments. No amendment of this Master Declaration shall operate to defeat or render invalid the rights of a Mortgagee or beneficiary under any lirst Mortgage or first Deed of Trust upon a Lot made in good faith and for value and recorded prior to the recordation of such amendment, provided that allot foreclosure of any such Mortgage or Deed of Trust such Lot shall remain subject to this Master Declaration, as amended. SECTION 13.03. Mortgagee Defined. For the purposes of this Article only, a 'Mortgagee' shall refer only fo FHLMC, GNMA, FNMA, FHA and VA, as described In Section 13.01, above. SECTION 13.04. Right to Notice. Each Morigagoe, upon filing a written request for nolilication with ttte E3oard in accordance with Section 9.06, above, shall be given written notice by the Association of any delault by the Owner of the Lot encumbered by the Mortgage held by said Mortgagee In the performance of such Owner's obligations under this Master Declaration and under any Supplemental Declaration applicable to rho Lot, fife Articles or lfte By-Laws of life Association (ltorealtor colloctivoly referred to as 'Project Documents'), which default is not cured within thirty (30) days after the Association has notice of such delault. SECTION 13.05. Exemnlion From Prior Assessments. Eaclt Mortgagee which comes into possession of a Lot by virtue of loreclosura or otherwise shall take title to such Lot Tree from any claims for unpn(d Assessments and cttargos agalnsl the Lot which accrue prior to the time such Morigagoe comes Into possession, except for claims for a share of such assessments or charges resulting from a reallocation thereof Io all Lols, Including the mortgaged Lot. SECTION 13.1')6. Changes Requiring Unanimous Approval. Without fife prior unanimous approval of all Mortgagees of Lots within The Landing Subdivision, neither the Association nor Ilro Owners shall: (a) By act or omissions soak to abandon, partition, subdivide, encumber, sell or transfer the Common Areas whlctt are owned, directly or Indirectly, by lho Association, provided, however, that the granting of easements for public utilities or for other public purposes consistent with the Intended use of the Common Areas by the Association shall not bo deemed a transfer wilhln the meaning of this Section. (b) Change the ratio of /l:sessments or method of determin(ng the obllgatlons, Assossrnenis, dues or other charges which may be levied agalnsl any Owner or the method of allocating distributions of hazard Insurance proceeds or condemnation awards. SECTION 13.07. Restrictions on Other Changes. Without the prior written approval of at least seventy-five percent (75%) of the Mortgagees holding Mortgagee on Lots wilhln The Landing Subdlvlslon, neither the Association nor the Owners shall: (a) 8y act or omission change, waive or abandon any scheme of regulations or enforcement thereof, pertaining to the architectural design of the exterior appearance of Improvements on Lota within The Landing Subdivision, the exterior maintenance of said Improvements or the mafntenance and upkeep ~ of landscaping wilhln The Landing Subdlvlslon. ' Fall to maintain firs and extended ooveraps Insurance on Insurable Improvements within the Common Cb) Areas on a current replacement coat baste In an amount not Ivan than one hundred percent (100%) of I the Insurable value (based on current replacement cost); ; MASTER DECLARATION - 14 13040C~U303 (c) Use hazard Insurance proceeds for lessee occurring within fire Common Areas for any purpose ollror than the repair, roplacament or reconstruction thereof. (d) Abandon or terminate the covenants, conditions, restrictions and easements of this Master Declaration or any Supplemental Declaration. (e) Make any material amendment to this Master Declaration or any Supplemental Declaration or to the Articles or By-taws of the pssoc(ation or any Sub-Association. SECTION 13.08. Right to Insaecl Books, E_tc. t~tortgagoes, uPof uirteo from the Assolclation tthe rlsubmisslon xolmauditod books and records of the Association during normal business hours; t1) q g desi Hate In writing annual financing reports and other financial data; (III receive written nolioe of all mootin s of Owners; and (lv) g a representative to attend all such meetings. SECTION 13.ty3. Notilicatlon of Damafle, Upon the Board receiving notice of any damage to the Com°morn tAroa olr any Lot wherein the cost of repair, replacement or roconstruclion exceeds Ton Thousand polinrs (510,000.00) condemnation or ive itoneach Montgageeowhioh hasolilod wl I~IatlionBoardaa writgt©nltrequost toy nolic1onprompt wAtten noUcedol1 sa'd the E3oard shall g damage or condemnation. SECTION 13.10. Right to PaY Gharpes. Mortgagees may PaY t ens overdue premiums lionh hazard ansu once pot etas may or have become a charge against any Common Area and may pay y covering said Common Area and said Mortgagees making such payments shall bo entitled to Immediate reimbursement therolor from the Association. SECTION 13.11. Fldelity Bond Required. The Board shall secure and caused to be maintained In force at all times a fidelity bond for any person or entity handling funds of the Association. SECTION 13.12. Lessee's Obligations. Any agreement for the leasing or rental of a Lot, Including a month-to-month rental agreement, shalil brevlnew ilingllandr shallf p ovdegthatnany failure ebyubhe~losseeetorcomply with char toorms~ofuthenProJecll such agreements Documents shall be a default under the leasing or rental agreement. SECTION 13.13. UabilitY for Taxes. All taxes levied and assessed on the Common Areas must bo assessnble against those Common Areas only and the Association and/or any Sub-Association aliall be solely responsible for the payment llrereol. SECTION 13.14. Waiver of UabilitY and Subroitalion. Any provision In this Master Declaration which requires Owners to Indemnify the Association, a Sub-Aysoclatlon, the t3oard oror the Sub•Assoclatlon Board or othoerof~`'rurance andlproceeds she indemnilor is subject to the exception that II the liability, damage or inJury Is covered by any typ actually paid to the Insured by reason ihereol, the Indemnitor Is relieved of Iiabiiity to tl~e extent of Insurance proceeds so paid. SECTION 13.15. FNMA and GNMA Insurance Reauir~menls. Notwithstanding any other provisions contained in this Master Declaration, the Association or a Sub-Association shall continuously maintain In effect such casually, flood and liability Insurance and a fidelity bond meeting the Insurance and lidality bond requirements for planned unit dovelopmont projects established by FNMA and GNMA, so long as either Is a Mortgagee or Owner of a Lot williin The L-ending Subdivision, except to the extent such coverage is not available or has been waived In writing by FNMA or GNMA SECTION 13.16. Additional Contracts. In addition to the foregoing provisions of this Article, the F3oard may enter Into such contracts and agreements on behalf of the Association as are required In order to satisfy -he guldellnes of FHLMC, FNMA, GNMA,FHA VA or any similar entity, so as to allow for the purchase, guaranty or Insurance, as the case may bo, by such entity of mortgages encumbering Lots within Improvamonts thereon. Each pwnar hereby ngroos that It will bonelit Ilro Association and each Owner, as a class of potantlc+l mortgage borrowers and potential sellers of theirs Lols II such agencloe approve The l-ending Subdivision as a qualilying subdivision under applicable policies, rules and regulations as adopted from Umo-lo-time. SECTION 13.17. nsent to Release o1 Information b Mort a ee. Mortgagees are hereby authorized to lurnlsh information to the Board concerning the status of any Mortgage encumbering a Lot and each Owner of a Lot encumbered by such a Mortgage hereby consent thereto. SECTION 13.18. Ftostricted Application. It is expressly provided that the terms, conditions and provisions of tlrls lVticle shall not be operative or In force and effect unless and until FHLMC, FNMA, GNMA, FHA or VA purchases, grantees or Insures a Mortgage on a tAt within The Landing Subdivision and then only to ~N~Ati tGNMA, FHA orreVA do onob~ quldre, uash aSecor9d lion tof or insurer. In the event the standards and guldellnes of FHLMC, approval of The Landing Subdivision as a qualilying subdlvlslon, the Inclusion of one or' more of the provisions of this Article, said non-roqulred provisions shall be of no further force or ettect. ARTICLE XIV. MI$GELLANEOUS SECTION 14.01. Term. This Master peclarallon and all covenants, conditions, restrictions and easements contained herein shall run until December 31, 2030, unless amended ae hereafter provided. After December 31, 2030, said covenants, conditions, restrictions and easements shall bo aulomallcally extended for successive period of ton (10) years each, unless oxtingulsliod by a written Instrument executed by the Owners of at toast tlveo-fourth (3/4) of fife Lols covered by this Master Declaration and such written Instrument Is recorded with the Ada County Recorder. SECTION 14.02. Amendment. Thla Maslar Declaration may be amended ae follows: (a) ~ ranter. Until title to a l.ot within The Landing subdlvlslon la conveyed by the Grantor to an Owner, this Master Declaration may be amended or terminated by the Grantor by recordation of n written Instrument algnad by the Grantor and acknowledged salting forth such amendment or termination. ro) B Her. Except where a greater percentage la roqulred by an express provision In thin Master Declaration, the provisions of this Master Declaration, other than this Section, may be amended by an Instrument In writing, algnad and acknowledged by the President and Secretary of the Association, certifying that such amendment has been approved by a vote or written consent of Owners, Including the Grantor, owning at least two-thirds (2/3rda) of the Lots covered by thle Master Declaraalmendment to amendment shall be eNectlve upon Ile recordation with the Ada County Recorder. Any this Section 14.02 shall require the vote or wrlrien consent of the Owners, Including the Grantor, of two• thirds (2/3rde) of the Lots covered by this Master Declaration. fr1ASTER DECLARATION 15 ~.3U4UUU~04 SECTION 14.03. yower~oyenants. 7ho following covenants shall run with each Lot and any Common Aroa atlecled thereby and shall be binding upon each Owner of a Lot and ell occupants of nny Improvements constnrclod on a Lot: (e) No L.ol may be used or occupied for any allov+od use unless file same Is connoclod to the public sowerago collection system constructed and lnstallod within the Property. (b) NI sewer hook-up foes charged by the municipality having Jurisdiction and control over the Lot shall be paid by the Or+ner at the time of construction of the Improvements thereon and the connection thereof to the publlo sewerage collection system, Bald sewer hookup teas to be paid at such limo and In such amount as shall be required by the ordinances and regulations of fife munlclpal entity having Jurisdiction thoreof, (c) A monthly sewerage charge shall be paid to lha munlclpal entity having Jurisdiction thereol, or Its designee, after connection to the public sowerago collection system in accordance with the ordinances and regulations of sold municipal entity. (d) All sower service Ilnes connected to the sewerage collection system constructed and lnstallod by the Grantor In the Property shall be constructed In accordance with all applicable codas sod regulations and shall be Inspected as required by the governmental entity having Jurisdiction thereof to assure a minimum of Inllllration from said service Ilne Into the sewerage collection system. (e) The Grantor shall provide access, satisfactory to the governmental entity having Jurisdiction thereof, for sower cleaning equipment to alt sanitary sewer manholes located outside of public right-of-way. (~ Tho Grantor and each Owner of a Lot hereby authorizes the govornmontal entity having Jurisdiction thoreof, or its designee, to bring any action It dooms necessary or required for file collection of any foes or charges due Bald entity for sewer service connoclod or monthly sewer charges and/or to otherwise enforce any of the obligations respecting the connection to the public sewerage collection system or use thereol as provided In this Section. SECTION 14.04. Books and Records. NI books, records and minutes of the Board and all other books and records maintained by the Association shall be made available (or Inspection and copying by any Owner or by his duly authorized representative, at any reasonable lime and for a purpose reasonably related to his Interest as s member In the Assoclalion, or al such other place and time as the Board shall prescribe. SECTION 14.05. Non-Waiver. The tallure of the Grantor, the Board or any Owner in any one or more Instances to insist upon the strict performance of any of the covenants, conditions, rosirlcllona, easements or other provlslons of this Maslen Declaration or to exercise any right or option contained herein, or to serve any notice or to Institute any action, shall not ba construed as a waiver or relinquishment for the future of such covenant, condition, restriction, easement or other provision, but the same shall remain in full force and effect. SECTION 14.06. Acceptance. Each Owner of a l.ot, each purchaser of a Lot under a contract or agreement of sale and each holder of an option to purchase a Lot, by accepting a deed, contract of sale or agreement or option, accepts the same subject to all of the covenants, conditions, restrictions, easements end other provlslons set forth In this Master Declaration and agrees to be bound by the same. SECTION 14.07. Indemnification of Board Members. Each member of fife Board and each member of the ACC shall be Indemnified by the Owners against all expenses and Ilabllitles, Including attorneys' tees, reasonably Incurred by or Imposed in connection with any proceeding to which Bald member may be a party or In which said member may become Involved, by reason of being or having boon a member of the Board or the ACC, or any settlement thereol, wliother or not said person Is a member of the Board or ACC at the time such expenses or Ilabllilloa are Incurred, except in such cases wherein sold person Is adjudged guilty of willlul misfeasance or malfeasance In the performance of his or her duties; provided that In the event of a settlement, the indemnification shall apply only when the Board or the ACC approves such settlement and relrnbursement as being In the bast Interest of the Association or Owners. This Section shall extend to and apply also for the Indemnification of the Grantor during the Initial period of operation of the Association or prior thereto during the period the Grantor Is exercising the powers of the Association. SECTION 14.08. Notices. Any notice permitted or required to be delivered as provided In this Master Declaration shall be in writing and shall be delivered either personally or by mall. H delivery Is made by mall, It shall ba deemed to have been delivered seventy-two (72) hours after the acme has boon deposited In the Unllod Slaloa moil, postage prepaid, property addressed. SECTION 14.09. Interpretation. the provlslons of this Master Declaration and any Supplemental Declaration shall be liberally construed to effectuate the Protect ObJectives set forth In Arilcle N, above, and shall be construed and governed by the laws of the State of Idaho. Unless the context requires a contrary construction, the singular shall Include the plural and the plural the singular; and the masculine, feminine or neuter shall Include the masculine, feminine or neuter. NI captions and titles used In this Declaration are Intended solely for convenience of reference and shall not affect that which Is sal forth In any of the provisions hereof. SECTION 14.10. ~everabllity. Notwithstanding the provlslons of the preceding Section, each of the provisions hereof shall be deemed Independent and severable end the invalidity or unenforceablllly of any provision or portion thereof shall not aflecl the validity or enforceabii(ty of any other provision. IN WITNESS WHEREOF the Grantor has executed this Master Declaration as of the day and year first above written. EDWARD A. JOHNSON IC M. JOHNSON MASTER DECLARATION 18 130~~,O~U3C~~ STATE OF IDAHO ) ss: Count' of Ada ) On lhls ~'"` day of i o ~~ 1991, before me, the undarslgnod, a Notary Public In and for Bald State, personally appeared EDWAAD A JOHNSON and JANICE M, JOHNSON, husband and wife, known or Identified to me to be the persons who executed the loregoing Instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and afllxod my official coal the day and year In thls certificate first above written. i ~: 1'~..~'~ '~. .~.:.i..Tp~l.P,y ~~;: '~' - •" i c ~nF ,~,. Notary Publlc for Idaho ~- Resfding et ~ra~o.~- ,Idaho My Commisslon Expires: 1 - `g' `~y r- MASTER DECLAf2ATION - 17