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Packard Sub No. 1 FP
OFFICIALS ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS ~ WIL'LIAM G. BERG, JR., City Clerk. t A Good Place t0 Live WALT W. MORROW, President JANICE L. GASS, City Treasurer BR S i CITY OF MERIDI~ N RONALD R. TOLSMA EE C UCE D STUART, Wat er Works Supt. . GLENN R. BENTLEY JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS Fire Chief Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman , W.L. "BILL" CORDON, Police Chief Public WorksBuilding Departrnent (208) 887-2211 TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEI~ELOPMENT 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: May 14, 1996 TRANSMITTAL DATE: 4/29/96 HEARING DATE: 5/21 /96 REQUEST: Final Plat for Packard Subdivision No. 1 BY: PNE/Edmonds Construction LOCATION OF PROPERTY OR PROJECT: North of Dove Meadows Subdivision south of Carol's Subdivision No 2 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 ASSOCWTION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FMtAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) J~~ , OTHER: YOUR CONCISE REMARKS: ~~ Af'R 2 9 1~~0 G1'tY' OF MEI~ID~~ April 19, 1996 LEY'S LAND R EYING Shari Stiles, Administrator Meridian Planning and Zoning Department 33 East Idaho Street Meridian, Idaho 83642 RE: .Final Plat Application Packard Subdivision # 1 Dear Ms. Stiles: 109 South 4'" ~t Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 This is the final plat application for Packard Subdivision #1. Attached, you will find thirty (30) copies of the final plat; four (4) copies of the construction plans; ten (10) copies of a map at 1" _ 300 ; and a copy of the current deed to the property. The final plat meets the approved preliminary plat for Packard Subdivision. It also complies with the conditions of approval. As required by City Ordinance, the plat was drawn according to the standards for development in the R-4 Zone and the appropriate notes are on the face of the plat. This plat also complies with acceptable engineering and surveying practices and local standards. Please review the attached information and schedule it for public hearing before the City Council. If you have any questions or want additional information, please let me know. Thank you for considering this request. I look forward to hearing from you regarding this matter. Respectfully, Patrick A. Tealey Tealey's and Surv ying c. /~e.~c`~ Ted Hutchinson Packard Subdivision #1 Piujed 1290 $ 208 323 9075 KISER-PIPK(N RE ~ ~ 'ost-tt'".brand fax transmittal memo 7671 • To c+T ~~ ~.J~h Co. Co. peps, Ptgne i 3.7~ - ~ G Fax i ,~g 5 - O ~e~ (p Fsx N X5'1 SI.+` l.) cEi: ~~~ GRANT OF TEMPORARY EASEMENT - c1r;1.. a David Leader and Mary L^ader, husband and wife, for good and vas;;=c!e considerst on. the receipt and sufficiency o! which is hereby acknowledged, cio hereby g•an; unto Robert C. Packard and Ta:madge Packard, husband and wife, Edmonds Construc:•cn. Inc., and Pac~hc Northwest Electric, Inc., a temporary easement fOr i•~gress and egress urn any portion of the road described on Exhibit "A" attached hereto tying in the Southeast Ou3r:ar of the Southvrest Quarter of Sectia~ 5, Township 3 Nort:~, Range t East, 6oise Meridian. Ada County, Idaho. This temporary easement shall terminate automatically without fur,-cr action by any p,?r;y, upon the dedication of the public road more particularly described o- Exhibit 'A" attached hereto and incorporated by thi; reference. IN WITNESS WHEREOF, David Leader and Mary Leader, n:~-and and wife. have hereunt bscribed !heir names to th,s Grant of Temporary Easeme^::- s .~-'3 ~ ~~~* day of --- .1994. -~ 5avi 1Leader --`~'~ STATE OF IDAHO ) ss. COUNTY OF ADA ) I HEREBY CERTIFY that on this day before me. an of` :: • duly authorized to take acknowledgments, personally appeared David~Lesder and Mary Le=car, to me known to be the persons who executed the foregoing instrument. WITNESS my hand and officia; seal in the co:,nty and state +ast aforesaid tris /.3 day of --1994. -- .•`'~'LY N ly ~'•• .• p''. j Npl ,~ .rr • :v'= ~ ~~ ~' i ~ :~` ~ a; ~ttC "j 'a: ~O ~i~ Votary Public ~y ' j Res~d~ng at: /`uN~a-+v My Commics~on eYpres S•3G- r1 f~ TEALEY'S LAND SURVEYING tp9 south 4"Street Boise. Idaho 83702 (208) J85-06J6 Faz (208) J85.0696 1 :.S~.UU.iu;= 1 06i23i95 12:53 Ppl Project No. 1165 ,Date: December 21, ~ S ~ ESCRIFTION FOR OVE EADOiiS PHASE 50 FOOT WID~CCE88_EASEHENT tHICxORY AVE-Z A 50 foot vide ingress-egress easement situated in the SW 1/4 of the S£ 1/4 and the SE 1/4 of the SW 1/4 of Section 5, T.3N., R.lE., B.M., Meridian, Ada County, Idaho, the boundaries of which are located 25 feet right of and 25 feet left of the following described centerline: Commencing at a brass cap marking the Southeast ~rner of said Section 5; thence along the Southerly boundary of said Section 5 North 89°48'53" West 1735.02 feet to a point; thence North 00°24'45" East 46.50 feet to a point on the Northerly right-of-way line of Fairview Avenue, also said point being the DINT OF_BEGINNZNG; thence continuing North 00°24'45" East 30.96 feet to a point rt:arking a point of beginning of curve; thence along a curve to the left 200.58 feet, Said curve having a central angle of 63°50'43", a radius of 180.00 feet and a long chord bearing North 71°30'36" West 190.36 feet to a paint of ending of curve; thence N: --ih 63°25'58" West 136.49 feet to a point of beginning of curve; thence along a curve to the right 7.7.50 feet, said curve having a central angle of 24°40'05", a radius of 180.00 feet and long chard bearing North S1°05'56" West 76.90 feet to a point of ending of curve; thence North 38°45'53" West 192.86 feet to a Foint of beginning of curve; thence along a curve to the left 260.83 feat, said curve having a central angle of 37°21'42", a radius of 400.00 feet and a long chord bearing North 57°26'44" West Z56.Z4 feet to a point of ending of curve; thence North 76°07'35" West 138.84 feet to a point of beginning of curve; thence along a curve to the right 32.18 feet, said curve having a central angle of 16°01'54", a radius of 115.00 feet and a long chord bearing North 68°06'38" West 32.07 feet to a point of e~iding of curve; thence North 60°05'42" West 104.24 feet to a point of beginning of curve; thence along a curve '_o the right 155.78 feet, said curve having a central angle of ~2°18'51", a radius of 175.00 feet and a long chord bearing North 33°56'26" West 15a.29 feet to a point of ending of curve; thence North 07°46'51" West 105.75 feet to a point of beginning of 8' 208 323 9075 KISER-PIPKIN RE 06i23i95 1~ 56 P02 1'; ~~U~;15~t; TEALEY'S LARD SURVEYING w~f..e°uT.wacc+~cDm•ranru... Project tio. 1165 Page Z Date: December 21, 1993 DOVE HEADOiiS No. 1 SO FOOT ACCESS EASEHENT curve; thence slung a curve to the right 85.57 feet, said curve having a central angle of 28°00'58", a radius of 175.00' and a long chord bearing North 06°13'38" East 84.72 feet to a point of ending of curve; thence North 20°14'07" East 280.63 feet to a point on the North boundary of the said SW 1/4 of the SE 1/4 which point bears South 89°44'46" East 31.92 feet from the Northwest corner of the said SW 1/4 of the SE 1/4, said point also being the POINT OF ENDING of the said 50 foot wide ingress-egress easement. .e ~F4347 0 0 ~ vP ior~ q3 ,. • ~ ~i REQUEST FOR SUBDIVISION APPROVAL PLANNING AND ZONING COMMISSION A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process, it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. 1. Name of Annexation ~ Subdivision: parlrar~ c„hc~ivision 2. General Location: north of Dove Meadows Subdivision• couch of Carol's Subdivision ~i2 3. Owners of record: PNE/E~lmonds Construction Address: 31 ~ 1 Lanark Meridian ,Zip 83642 Telephone 888=7255 4. Applicant: Same Address: 5. Engineer: Firm; Try's i and Surveying Address: 109 S 4th St Boise ,Zip 83702 Telephone 385-0636 6. Name and address to receive City billings: Name: PNF/F.dmonds Construction Address 3131 i anark Meridian_ Telephone 888-7255 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 39.87 2. Number of lots 126 lbuildablel 3. Lots per acre 3 16 ~ • • 4. Density per acre 5. Zoning Classification(s) R-4 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? An annexation rea»Pst was part of the o~'ginal ~Fplication. 7. Does the plat border a potential green belt? No 8. Have recreational easements been provided for? No 9. Are there proposed recreational amenities to the City? No Explain 10. Are there proposed dedications of common areas? No Explain The common areas will be landscaped areas that are owned ]2y the Homeowners Association. 11. What school(s) service the area? Chief Joseph Elementary Do you propose any agreements for future school sites? No Explain 12. Other proposed amenities to the City Water Supply Citv of Meridian Fire Department City of Meridian Other Explain 13. Type of Building (Residential, Commercial, Industrial or combination) Residential 14. Type of dwelling(s) (Single Family, Duplexes, Multiplexes, other) Single-family 15. Proposed Development features: a. Minimum square footage of lot(s): 8.000 b. Minimum square footage of structure(s): 1,400 c. Are garages provided for? Square footage: d. Are other coverings provided for? (2) C~ • e. Landscaping has been provided for? Yes Describe The entry~v ys will be ~~ X ~nvenan of f. Trees will be provided for? Y s Trees will be maintained bX Homeowners and t_he Home Owners Association. g. Sprinkler systems are provided for as wired by City Ordinance h. Are there multiple units No 'type i. Are there special set back requirements? No Explain j. Has off-street parking been provided for? Explain k. Value range of property 1. Type of financing for development m. Protective covenants were submitted? Date: 16. Does the proposal land-lock other property? No Does it create enclaves? No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to the standards as required by the Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five feet (5') in width. 2. Proposed use is in conformance with the city of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City ordinances. 5. Preliminary plat will include all appropriate easements. 6. Street names must not conflict with City grid system. (3) .z o z 0 ^ o 0 T^ ~ m p N v/ b ~ " gaa ~~s ~ a ~ Z ~ ` ~~ ° ~~~ R A a m c Q b ~I ~~ ,N'YlR O I F I C wl ~I »I i ~~ i$~~ _ .n~sc ~ .s~tcoo s --- • ~ ~ ~ ~ ~ ~ ~ ~ ~"~ =e ~ _ ~ s^ ~ Jig ~ ~~ < ~f~y€~ ~ ~~W ~~ ~ ~ ~~~ ~ ~g~ ~d ~~ ~ TI ~~ 8 ~ ° a ~ ~W s~ ~ . ~ ~~ ~~g ~~ .~~ ~~ ~~ 0 ~ ~~~~ a ~~~ ~~ g~ ~ ~ ~ a a F ~ ~~ w~ ~~ a€~e ~ ~~~ 3~ ~ ~~ ~~ ~~ ~~ ~~~< ~ ~~a~ g~ ~m ~~ ~A ~e ~ ~€~ ~ ~T~ aJ '~3 ~ ~~ ~ ~ ~ao~ ~~ ~„~ ~ ~~~ ~~ ~~ ~~ ~pFSS ~Q~~g ~~ ~~~~ .~ s°e ~y~! ~~ .: ~! dic KZ~~ iC d~ri~ d~ K~~ dC drf avox ~z~vs xtxox • .afcoo s sFrooc~ - - - - - - - q~ {JH11 H'7 ai ldfl ~ < ~C x N ~ o ~ ~ ~ 3 ~~ M q ~ e a -~; J ~ a -sz•eoc~ n o s i 6 i ~~~ ~ $~n 1'L8 ~ _wo s ~~s~ ,~ ~~ age ~~ ~~~ fL,SL00 N ~ ~I '~ ~~ ~ ~~~~ ~I ~~~y~ ~~C~ I e gF o ~ 1 ~ .~F F GL00 N Q ~ ~~ V ~ wi 2 I.00 M p 17 m ffiI~ z~ ~~ ~ .00 N m ~ jn' • `' I • ansea~ ahR9 iY' ~ Rl IW df7 SS'Y~ 1 ~ 11IN7~ 717LA'I ....,f09t4L ................................................................................... .3 SLLSAD N........................................... t 'oN M01>IAlfl F3f)9 31tl~Q1•!IM (~ ya i ~ ~' ~F i~ x d E s a 's t ~ , .-~ ~' , _~, y~~s sd _- i ; .~I --- ~- ~ I' ~\~ ,~ , ~~. .-- - ~..,~ ,, , ~ Q ~ ,_ -ELY'J OR ~ ~ T K, A,~c E ~~L~ ~ 17 I 2 j N ©. 312 ; J ~A J .. Fw- ~ u ~ ~ Dill Zl3 2 P L' C N 2) J ,~` 6 ~ 8 9 I 'J ~2 ~ 3~~ ~ ~ A ~r 1 S,. E MEaOJN 'r~ JJ D9 Z .~-s ~;' °°~ = ~- ~- PACKARD ~ ~G"~3 ~ ~ ~ ~~ _ ~4. •• w`` ~ ~~• E. MEADJW wOJ: ~ ~~- l:+-- ~-~---- .,r ,.~~ ~ _ !I _ "~ SUBDIVISION #1 2 '; I~ iI !0 i ~ ~ ~F~. a F~ ~ ~~ ~ ` .,,~ . ~ i W ~ .ate ~ ~~ ~- ~~~~~P Q~~ 6` ,~ ~~~ e 8 ICJ 2 ~ J 9 ~ 6 5 4 3 8 ~~ 6 I~ E APPICOT ~R `UT C I T 5 /.s/ ~ i z3 .6 17 16 19 'I ~~ 22 2 2 ~ 1 .~ ^ 3 g I I l IJ'd a~~~~s ~ 3 _ ~ N. i HNC T i a E GRAPEWOOD pR. 2 13 12 I' J 9 B 7 6 5 4 I 3 T ~' OF -ER ~ v~A N ~i ~I RI I 1 .. A ~ ~ ~. ~. ., ~'c ,^. ~ - -- --- ~ • CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: P~,CI+~A SUBDIVI~ IQN 1 ENGINEER:. T~ALE'~"s j.,~vl.~ SU,,RV~YING The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: j D~,~CRIPTION FONTS 1. Thirty (30) copies of written application for approval as stipulated by the Council .attached 2. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat (warranty deed, signature sheet of final plat) attached 3. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof ,~ ached , 4. A statement of conformance with all require ments and provisions of the Ordinance attac ed 5. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards a ac ed, 6. Street name approval letter from Ada County attached 7. Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements a ch 8. Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1" = 300`). include subdivision and stmt FINAL SIJI3DIVISION PLAT CHECK LIST names, lot and block numbers ~. 9. Thirty (30) folded copies of the final plat corrtaining the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name b. Year of Platting c. Sectional location of plat -County d. North grow e. Scale of plat (not smaller than 1" = 100') f. Streets and alleys with widths and bearings g. Street names h. Consecutive numbering of all lots in each block, and each block lettered or numbered i. Each and all len~,ths of the boundaries of each lot including curve table j. Exterior boundaries shown by distance and bearing (heavier lines that streets and lots) including curve table k. pescriptions of survey monuments 1. Initial point and tie to at least two public land survey earners ar, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system m. Easements 10. n. Basis of bearings o. Pertinent notes for easements, restrictions, designations, etc. p. Land Sutveyar ~ signed seal q. Land Surveyor business name -City location r. Legend of symbols s. Minimum residential house size t. Adjacent platted subdivision names Fee Paid - ~_ Lots ~ $10.00/Lot r~ u Page 2 11. Other information as Requested by Administrator, I~ FINAL SUBDIVISION PLAT CHECK LIST LJ Page 3 City Engineer, Planning & Zoning Commission, , / , or City Council 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comme~s of staff and/or agencies, etc., will be cause for rejection and/or possible resubnnittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Sti~es* P-lfd o ' i AdiYi~ist~~r ~~ D. Smith, P-~,•- Cry Enm ACCEPTANCE DATE: i ~~ CITY OF MERIDIAN SUBDIVISION NAME: FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED ENGINEER: The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: ITEM DESCRIPTION COMMENTS 1. Thirty (30) copies of written application for approval as stipulated by the Council 2. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat (warranty deed, signature sheet of final plat) 3. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof 4. A statement of conformance with all require- ments and provisions of this Ordinance 5. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards 6. Street name approval letter from Ada County 7. Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements ~~ Thirty (30) prints of the final plat nt a state of one inch equals three hundred feet (1" = 300'). Include subdivision and street names, lot and block numbers ~nl.,y. KGLd( ~C ~~..- C~,'L Ok- C~ ~~ + Q.~c-St n.,C ~. FINAL SUBDIVISION PLAT CHECKLIST 9. Thir (30) folded copies of the final plat containing the following requirements and three ~~~ dies of the ~napue.}~age of the final plat. Plat shall include: -`~' a. Approved Plat Name b. Year of platting c. Sectional location of plat -County d. North arrow e. Scale of plat (not smaller than 1 " =100') f. Streets and alleys with widths and bearings g. Street names h. Consecutive numbering of all lots in each block, and each block lettered or numbered i. Each and all lengths of the boundaries of each lot including curve table j . Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table k. Descriptions of survey monuments 1. Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system m. Easements n. Basis of bearings o. Pertinent notes for easements, restrictions, designations, etc. p. Land Surveyor -signed seal q. Land Surveyor business name -City location r. Legend of symbols s. Minimum residential house size t. Adjacent platted subdivision names 10. Fee Paid - Lots @ $10.00/Lot 11. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council Page 2 d1C C9A ~l ~~ ~~ C'~lC Cpl C a~C G lC ~, C OlC ac d~- ok arc olC ©1C ~~~ `~- FINAL SUBDIVISION PLAT CHECKLIST Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stile~~Plannin~ & Zoning Administrator - Garv D Smith, P E ,~tv Engineer ACCEPTANCE DATE: SUBDIVISION EVALUATION SHEET AFR 1 J iSS~ CITY OF MERIDIf~ ~~ Proposed Development Name PACKARD S B City MERIDIAN Date Reviewed 3/30/95 Preliminary Stage XXXXX Fnal Engineer/Developer Tealev's Land Survevina ! PNE & Edmonds Contruction The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall aooear on the plat as• "N HI(;KORY WAY" ~ "E MEADOW WOOD COURT" "E CHATEAU ~ DRIVE" "N JUSTIN WAY" - "BISON" is a dualication and therefore cannot be used "SWEETGRASS" is reserved for another subdivision and cannot be used unless it is in alignment "MINDY" sound too much like MENDI and therefore cannot be used "CHANDRA" sounds too much like SANDRA and therefore cannot be used. "NIKKI" sound too much like DICKY and therefore cannot be used Please choose 5 new street names and have them aooroved by the street name committee T~`~ °bcve J-1yV• nor :e coTir',ents have been rGaa~J and approved b, tt~e following ages 1,{v V representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee i~r~ order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTED; ~-G Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fire District Representati ATIVES OR DESIGNEES Date I ~ Date 6 ,lam Date NOTE: A copy of this evaluation sheet must be presented to the Alfa County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS 4S-, ~J 5T-9soss~72. ,kj 19~:3UVV57~ 9507013`I 3 0 i S F! 0 g~VJAP.T 7171-E BARGAIN AND SALE DEED ' 95 SEP~~~ P(~ ' 0 ~`~ RANTOR, ALLEN LEE CL-NTERS and DIANNE CENTERS Ifu"s6and -an 1" L L ~ L .. ~. - _ . whose address is 3770 South Linder Road, Meridian, Idaho, fjpr~rgood~:and"_v ble<4F consideration, the receipt of which is hereby acknowledged. do hereby grant, bargain, sel ,and convey unto fiDMONDS CONSTRUCTION, INC., an Idaho corporation and PACIFIC NORTHWEST ELECTRIC, INC., an Idaho corporation, whose current address is c/o Ted Sigmont, 3131 Lanark Street, Meridian, Idaho 83642, as Grantee, and to Grantee's heirs and assigns forever, all of Grantor's interest in that certain real estate located in Ada County, Idaho, more particularly described on Exhibits A,•attached hereto and by this reference incorporated herein, together with all improvements, easements, hereditame*_~ts and appurtenances thereto, and subject to reservations, restrictions, dedications, easements, rights of way, and agreements, if any, of record or• based upon the premises. 1 i ~~ ~ ~~ ALLEN LEE E TERS •~ ~ ~ . ~ r. DIANNE CE ERS STATE OF IDAHO COUNTY OF ADA SS. On this .Z~~ay of X1995, before me, a Notary Public in and for said State, personally appeared Allen Lee enters and Dianne Centers, husband and wife, known or identified to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WI~IEREOF, I Dave hereunto set my hand and notarial seal the day and year in this certificate first above written. _:*t NOTE ;~~L _ ~ 9 '~ '~ ~. GBLIC t .~~~,,OF ~D A~O ~,,,, --~cc.m,~~C..c._- g~ Notary Public for Idaho Residing at Boise, Idaho My Commission Expires:_ /- ~Z ' -L (N~'U BARGAli1V AND SALE DECD, Page 1 08/t6795 • Jcr • ORDER N0. 95055872 PB EXHIBIT "A" 1gZ~U~iU:j PARCEL I A portion of the Northeast Quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: The South 935 feet of the following described property: Commencing at the Northwest corner of Lot 2 of Section 5, Township 3 North, Range 1 East, Boise Meridiar_; thence East along the North line of said Lot, 34 1/2 rods; thence South parallel with the West line of tY,e Northeast Quarter of said Section *_o the South line of the Southwest Quarter of said Northeast Quarter of said Section; thence west along the South line of said Southwest Quarter of said Northeast Quarter of said Section to the Southwest corner thereof; thence North along the West line of the Northeast Quarter of said Section to the PLACE OF BEGINNING. EXCEPT: A parcel of land situated in the Northeast Quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the North Quarter corner of said Section 5; thence along the North-South center of section line of said Section 5 South 0 degrees 27'32" West 1,&73.35 feet to a point; thence along a line that is 935.00 feet North of and parallel with the East-West center of section line of said Section 5 South 89 degrees 40'20" East 182.20 feet to a point; thence leaving said parallel line South 0 degrees 26'23" West 80.77 feet to the POINT OF BEGINNING; thence continuing South 0 degrees 26'23" West 119.58 feet to a point on the right-of-way line representing the location of a future road; thence along said future right-of-way line North 89 degrees 33'37" West 159.29 feet to a point of curvature; thence along a curve to the right whose radius is 20.00 feet, whose central angle is 90 degrees 00'00", whose length is 1,831.42 feet, and whose long chord bears North 44 degrees 33'37" West 28.28 feet to a point of tangency; thence North 0 degrees 26'23" East 99.58 feet to a point; thence leaving said future right-of-way line South 89 degrees 33'37" East 179.29 feet to the POINT OF -1- Continuation of Exhibit A Order No. ST-95055872 PB BEGINNING. PARCEL II 1y2~(3G`t~~75 'the North Half of the West Half of the Southeast Quarter of Section 5, Township 3 DTorth, Range 1 East, Boise Meridian, Ada County, Idaho. PARCEL III A tract of la*~d situated in the Northwest quarter of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Tdaho, described as follows: BEGINNING at the Northeast corner of Government Lot 3; thence South 89 degrees 50' West a distance of 335.00 feet; thence South 0 degrees 02'59" East a distance of 876.63 feet to THE REAL POINT OF BEGINNING; thence South 0 degrees 02'59" East a distance of 413.56 feet; thence North 89 degrees 36'58" East a distance of 314.52 feet; thence South 0 degrees 01'41" East a distance of 648.17 feet; thence South 89 degrees 31'56" West a distance o~ 979.79 feet; thence North 0 degrees 13'48" East a distance of 1,343.62 feet; thence South 86 degrees 30'26" East a distance of 135.83 feet; thence South 58 degrees 35'55" East a distance of 99.48 feet; thence South 31 degrees 17'59" East a distance of 189.47 feet; thence South 76 degrees 25'56" East a d~.stance of 191.49 feet; thence South 86 degrees 38'20" East a distance of 154.36 feet to THE REAL POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING PARCEL: A parcel of land situated in the Northwest Quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Northeast corner of Government Lot 3; thence along the North line of said Section 5 South 89 degrees 50'00" West 335.00 feet to a point; thence leaving the North line of said Section 5 South 0 degrees 02'59" East 1290.19 feet to a point; thence -2- Continuation of Exhibit A Order No. ST-95055872 PB i~2~t~cUy~s South 89 degrees 36'58" West 362.33 feet to THE POINT OF BEGINNING; thence continuing South 89 degrees 36'58° West 300.00 feet to a point on the west li:.e of the Brown property, said property is referred to in Instrument No. fi836e71; cher_ce along said West '_ine South 0 degrees 13'48" West 217.81 gee*_ to a point; thence leaving said West line North 89 •degrees 36' S8" East ~ 300:00 feet to ~a point; thence North 0 degrees 13'48" East 217.81 feet to THE POINT OF BEGINNING. -~- MAYOR Robe D Corse UNCIL MEMBERS CIT`j C Ron Anderson Keith gird Tamn'y deWeerd Cherie McCandless RE VALLEY ASU HUB ~p THE Lace to LIVe I~ • A Good p `~~~D TY F CI O o 33 EAST ID K 83642 MERIDIAN' FDA(208) g8'I-44218 (208) 888-4433 • X208) 888- City Clerk pflice F~ March 15, 2000 LEG AL pEeP.~, ..288-2501 X2081288-2499 • Fax PUB1.1C W~RTMENT gU1LD11`1G DEPPR 88'7-129"1 (208) 887.2211 • Fax N1NG AND ZONING 208) 884 553T Fax 888-6854 r Company Idaho P°WFranklin R°ad .2021 fax 388'6924 8.2402 *pena 388 10790 ID 83709 B°~2 2000 2032 division #1 38 32 fax 322- Pack rd Estates Sub Packard 388.6532 is for a developer in sodium Street l_igh 100 Watt high pressure e e been installed by the •an With a maintenan and Re. Historical av of Mende is are °Wned hts h existing ach d ag est. Street leg loWnea by the City street ligh a teem TWO historical #1 to rep a ~° new historical er att division S Lion as p Estates Sub ole which Waer Th ASSOCia of the light on steel p Idaho P°W HomeOWners ent Withthe Packard t the entrance agreem b on an ,~justin Way. maintained y hts are locaae and E, li hts. See e {vuo (2) Streeo~h HickoN W y to these he eplaced 100 Watt N Th ority to activa delete t subdivision on tter as your auth please al ~nformati°n• Please use the for addition Thank you. attached map City s pilling• street light from the Sincerely ~~~~ Berg, Jr. N/illiam C• City Clerk Enclosures WILLIAM G. BERG, JR., Ciry Clerk JANICE L. SMITH, Ciry 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 E Z Administrator PATTY A. WOLFKIEL, OMV Supervisor KENNETH W. BOWERS, Flre Chiel W.L. 'BILL' GORDON, Police Chiel WAYNE G. CROOKSTON, JR., Attorney • NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-444} ROBERT D. CORRIE Mayor MEMORANDUM: To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION Date WALT W, MORROW, President RONALD R. TOI_SMA CHARLES M,ROUNTREE GLENN R. BENTLEY P & .OMMI4 ION JIM JOHNSON. Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH ^~''~T` i r~~~~~~1 F E ~ 2 ~ 2000 ~'iTY vYti~ V..Et~.~~L~~ I have inspected and approved the electrical wiring and associated components for ~ ~ L street lights in ,4-c K,~~~~ p Sc~ G, / ~ 2_~ . Idah Po ower Co. can now proceed with the activation. ~ -~ , Harold Hudson, Electrical Inspector C:10FFtCE\ W PW (MGENERA1..lElEC[NSP. MMO MERIDIAN 24 HOUR • /NSPECT/ON L/NE 88T--755 Elec-Commercial Permit Permit Number: ELC2000-51 Addition: Lot(s): Block: Applicant Alloway Electric Phone: 344/2507 Parcel Number: PARC1999-5673 Address: 1 PACKARD #1 & #2 MERIDIAN, ID 83642 Contractors Electrician Alloway Electric Address: 1420 Grove St BOISE, ID 83702 Page 1 of 1 Printed: 2/24/2000 Phone: 344/2507 FAX: x-15- `1~'~'-I Fees and Receipts: Number FEE2000-4243 Ither Fields: Value: Description: Description Amount Electrical-Commercial $154.38 Total Fees: $154.38 8438 Historical Streelights placed on Island in phase #1 (per Bruce F.) remove the 1 existing 150 WATT light and replace with 2 150 WATT historical poles. City of Meridian, Building Department 200 E Carltc+Suite 100 Meridian ID 83642 PH 887-2211 / FAX 887-1297 Fees Due /Credit Info: I-2b-L4-UU Uy:08A j 'J l e v• n ___ 1~ rv. ~ N Ir v e; ~I ~' I ~ o~ o ~ ~ ~ n t r'. ., r = 1 ~ m i~e~ ~ n ~ C C)o!! Gv ~=. $~ ~~ U ti - n a o o n o +~ o o ~e o .7 .. a r o I- - ~ I I Y Y Y Y y p; p p y I n C T n p 1 ~ I 1 I ] T/ Y Y Y Y Y S T ~ !~ ... Y z_ S Y I S I - I •~ i -~ /r- • ~~`--/ I I • _ Y n~ W ~~ _~~,Z ~. cC , . ^MY• I o o v~ ~ a e "~ Q S O C7 V O R ~ N R o W la ~ J ~ O r• ~~ c ~~ t. 0 ut < ~ .~ h u1 ,.~ v : o n ~ .^ is f fi f 6 ; ~' y N ~ o - ~ t - - ~.+ ~ o n L 9 i u ~ Q ~ I -~ F b Q N~ N NI Ni II] mJJ ~ - N N O O ~ ~ ~I .~ 1 O L O L ~ ~ ~ J4 11 a ~ ~__ ' ~ ~~ ^ E Z . ' ( ~ - Sot ~ u o - -Y . -a T ~ ~, ,~ ~ .~ b~ ~ „ C aa a ~Q ~ i . 1, R ~ a ~ L , ~ E -'"i ., y h Y I^ .~ ' ~ ~ a ~ o :v ^ ~ k ~ - G _ o ~, C- o r ~ ~ N ~ ~ ._ t I i ~- I _ I :a ~ °^ ~ ~ 8 ~ ' - I ~ I ~ `; ._ G 6 ~t m u. r~ to ¢~~ I p - Gam' ^4 < _ H ~ f > Y I I n p 0 o. ~ ~ I h S ~ rr L .n o . sa '~ fi L ~~ _ ~ ~ ~ i ~ ~ N ~• ~ , _ ~!!!~~~ e71 '' YY T~~ ~1 ~ J ` ` a 5 :I O ~ ~~~ ~' ~ y i~ :n.t/.~i J- d' n.~aurls: cool, to I ..IF p i < tn. onto ~ ~ ~ Otl Cr r Lfrt: ~I v ` ~ j ~ a. ~ ~ ~. KEW ~104tfO,r.y LOlO/OI '/ ~ •~ D •. G ~ _ ~ ~ r • 11 \ C ~ e C 4 J G h ~ ~ ~ ~ n E e 1 m u `~~y la - ~ I / n ~1 \/J~\ W ~ I ~~ ~~ o , ~_ n.y . O _N ~ ' - ~ 1 ~~ . - Yom} .,~ .~ ~ - °~h.rn~_u _j - I i ~`~ I I _, • J I I ' ! FEE 24 ' aP_ l~9: ~ 3 -.r I NU _~n=R ~i 1-- .• I ~ -~-~ - __~__ ~.T _ ~'~/ N - I ~•~ •~ ~. '"r - - • , Q lo~ - - I .) I oor~ ~~ P.02 t (ih~GINAL ~ STREET LI HY AGREEMENT This Street Light Agreement is made and entered into between the C[TY OF MERIDIAN and EDMONDS CONSTRUCTION, INC., pertaining to the street lights in PACKARD SUBDIVISION NO. 1 a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. EDMONDS CONSTRUCTION INC., will provide two (2) street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as PACKARD SUBDIVISION NO. 1 in Meridian, Idaho. The parties acknowledge that the two (2) street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. EDMONDS CONSTRUCTION INC., or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that EDMONDS CONSTRUCTION INC., or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballasts, do burn out and that the City will allow reasonable time to replace them. .i. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the two (2) street lights located in PACKARD SUBDIVSION NO. 1 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballasts or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballasts. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that EDMONDS CONSTRUCTION INC., will assign its rights and obligations hereunder to the PACKARD HOMEOWNERS ASSOCIATION when said Homeowners Association is formed and operational. ~ g ~ 1 `f 5 5 9 ., .. ~. _l.vR~`D V /~ ~ ~ ~ ~ I n L ~ ~ ~~~~-- 98 FEB 1~ Fl FEE `~ ~- REC^r..,.=' .'.~ ~;_ ~E EST OF r~ u r~ ~~ This AGREEMENT shall be binding on EDMONDS CONSTRUCTION INC., its heirs, successors and assigns, and the CITY O[~ MERIDIAN. Dated this -~~/~ • dayof_ /~-~-'~~uC~~ 19 ~~ CITY OF MERIDIAN, a municipality and Po ' is subdivision of the State of Idaho ATTEST: . ~...._ William G. Berg, Jr., City erk B `,,`~~~~u~tmrr rr~ `.~`~,~-t ~,a ,~ - S~~L = ~~ ,, -! ~ ~. ,, ~ '',~~~r~rrrr~ t~t~~~`````` D. Cbrrie, Mayor by City Council 2-3_98 EDMONDS CONSTRUCTION INC. BV r.~~' President STATE OF IDAHO,) SS. County of Ada ) )~ / On this "~ day of ~ r h'~.t-~~i, , 19 I J ,before me, the undersigned, a Notary Public in and for said State, personally a eared ROBERT D. CORRIE and WILLIAM G. BERG JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho. and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .~`~~GEL L• S ~v. o ~ . ~~ :~ pTA ~ ~:• e ~ ~l ~ • ~~ ~.~ ,~' ''.,y ,~ O F i p,Q+~~ STATE OF IDAHO,) County of Ada ss. NOTA PUBL FOR [DAHQQ RESIDING AT iSC.. ~l-CI~,11~; MY COMMISSION EXPIRES L ~.~~(~~ On this day of , 19 ~~ ,before me, the undersigned, a Notary Public in and for said State, p ovally appeared WIRT EDMONDS, known to me to be the President of EDMONDS CONSTRUCTION INC., and who executed the within instrument, on behalf of said corporation, and acknowledged to me that said corporation executed the same. day andyear--first above written .Jll V :~ l`.. .,, S~'AL~ ~' ~~ ° r ~= ~ - .~ ' '-. ,~,~ ... IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the N ARY PUBLI F IDAHO RESIDING AT oL MY COMMISSION EX IRES `-~ to-~g MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird.. Tammy deWeerd Cherie McCandless August 10, 2000 • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 *Dena 388-2021 fax 388-6924 388-632 fax 322-2032 Re: Street Lights. for Packard Subdivision #1 Phase 3 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 The street lights have been installed by the developer in Packard Subdivision #1 Phase 3. 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 six (6) street lights are 1 Lot 26 Block 4 Lot 15 Block 8 Lot 19 Block 8 Lot 3 Block 9 Lot 9 Block 9 Lot 12 Block 9 ocated at: E. Katelyne Drive & E. Bernice Drive N. Justin Way & E. Bernice Drive N. Chandra Way & E. Bernice Drive N. Justin Way N. Chandra Way & N. Josie Way N. Chandra Way Please use this letter as your authority to activate these street lights. See attached map for additional information. Sincerely i~~~ William G. Berg, Jr. City Clerk Enclosures 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 Chfef W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY • A Good Place to Live CITY QF MERID AN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-221 l Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION co N u ~~ .B Ra WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P 8 Z GOMM ,ISC,=In~ JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH Date: "- Z.l " a ~ R,~cE~D J U L 2 ~ 2000 CITY OF MERIDIAN I have ' ted and approved the electrical wiring and associated components for ~.-L street lights in~'~l~r4dP-D . Idaho rawer Co. can now proceed with the activation. Harold Hudson, Electrical Inspector C:\OFF7C.E\WPW M\CENEItAL\EIEQNSP. MMO 0 z m a U Z J U 0 Z • V J W 8~ a~ N N N b 0 h "' O N~ 0 0 0~ 0 0 O N ZO ~ m P~ .O N .. .. b b O V N N N n n N N N N n N n rv N n N N N N n N 0 m o ,~ r ,~ ° h o ~ nvl .n vlr n r _ rn~n n V Z J U O N~~ n< NN. 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Q Q ~ ~ a ~ ^I v 2 8 o o ^I ~ ~ W ° ~ ° ~ v ~ n o c~ n n ~ u U ~ a z° °~ O M I ~- = ~~ •m ~- ;m8 n -~ a ; O u ~ ~ m M n 'm ~ 0 ~ O N u o o y~>o L L vl ~ V oa " _ = ° ~ ~ ~ y ~ ~ ? 1 » ° ~ 0°80°8 a 0~ ~ Q E W ~a' ~s v e E • Q n~ n: n F C _ .. .. .. N ~ 0 o~ m m m m ~- 0 0 0 < Y Y o y • n ~ ] o n o! 7 7 7 (~ p U w U~ ~ .- O Q O O v °o In- o W v ~ o 3 a Y~ o a" a• v ~~ ~ y V '~1 \ ~ ` a ~ O V ~' ~ e Y 4 ,g ~ l C7 -~t O A Q M„y iV ~~ = o :A~ v City of Meridian, Building Department MERIWAN 24 HOUR 200 E Carlta~5uite 100 IHS'PECT/O/V L/A/f Meridian ID 83642 887-~~55 PH 887-2211 /FAX 887-1297 Elec-Commercial Permit Page 1 of ~ Permit Number: ELC2000-216 Applicant Parcel Number: PARC2000-765 Address: PACKARD #3 MERIDIAN, ID 83642 Addition: Contractors Electrician Address: Alloway Electric* 1420 Grove St BOISE, ID 83702 Lot(s): Block: Phone: 344/2507 FAX: 343/8750permit Fees and Receipts: Number Description Amount FEE2000-14790 Electrical-Commercial $144.25 Total Fees: $144 25 RCPT2000-4788 $144.25 Total Receipts: $144.25 Other Fields: Value: 7425 Description: Streetlights- 6 100 watt 15/8,19/8,26/4,9/9,12/9 Fees Due /Credit Info: November 12, 1998 ~ALEY'S LAND SURVEYING 915 West Jeon Street • Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 R,~CE~D o ~ i s zs9a Shari Stiles, Administrator Meridian Planning and Zoning Department 33 East Idaho Street Meridian, Idaho 83642 RE: Time Extension Packazd Subdivision No. I, Phase III Dear Ms. Stiles: CITY OF MERIDIAN The Developers of Pazkazd Subdivisions are hereby requesting a Time Extension for the Final Plat of Pazkazd Subdivision No. I, Phase III. The Final Plat for Phase III is due for submission by December 16, 1998 as per the Conditions of Approval of the initial Plat. We aze unable to meet this date for submitting the next phase of the development. Delays in the completion of the sanitary sewer system that serves this property, have caused the development schedule to be extended. This issue has now been addressed and the Final Plat of Phase III will soon be submitted for your review, but not in time to meet the December 16th deadline. The developers ask that a one year time extension be granted from the December 16, 1998 date. Please review this request and schedule a public hearing before the City Council. If you have any questions or want additional information, please let me know. Thank you for considering this request. I look forward to hearing from you regarding this matter. Respectfully, Patrick A. Tealey Tealey's Land Surveying B ; ~ ' ~ ~ ~ a ~~~i1 il~-~-~ Richard A. Pavelek Packard Subdivision #2 Project 1290 Mayor ROBERT D. CORR(E ~pcil Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD February 3, 1999 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 Idaho Power Company 10790 W. Franklin Road Boise, lD 83709 322-2000 388-2402 388-6532 fax 322-2032 Re: Street Lights for Packard Subdivision #1 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 Street Lights have been installed by the developer in Packard Subdivision #1. These arse 100 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The three (3) street lights are located at.' Lot 1 Block 2 N. Hickory Way & N. Justin Way Lot 10 Block 4 F. Meadowwood Court Lot 5 Block 3 N. Hickory Way & E Meadowwood Drive 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 Enclosures OFFI •IA ¢ 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 KUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-221 I Motor VehicldDrivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION COUNCIL r`!Fl~~ocpc WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P 8 Z GOMMICRION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH Date: 2 -/ - ~~ ~~' CE~D FE8 - 2 1999 CITY OF 17ERIDI~Y I have inspected d approved the electrical wiring and associated components for _~ street lights in .4 ~k ~ ~ ~~ S ~ (~ .Idaho Power Co. can now proceed with the activation. Harold Hudson, Electrical Inspector C: \OFHICE\ W PW IMGENERAt.1ELECINSP. MMO ~• I~iot-th ~' ~~ F w !R ~ I I i \\~~ ._~~j .T. ~,c ~~ ~~ a ~P ~ ~ oeoo0p pooo0o o0oo0Q ~~~_~~ °~Y73~~ ~a~Y3~~o o a o 0 0~ pia ~ ~~ ~~ ~ MM-3 .y~3tu3y 2 ''; ~' lUt~ ,q ~., I x-3-3- ConduHs stubbed here NO iES: ~ Prtrnvry cable 1/Ip d 35 kv In 3" conduit A-phase Z j ~ Z 9-Phone C5-g CS-4 t;5_5 C-phase ---~- C q condult Secondary cablo Is 3ec44 In Z' conduit except rune to JMI-1o Ic I JY1F-1d which_ le 3sc33 4t Y oondutt secondary - 8 Install 5`conduit lrom ND-1 to HVt~-3 ~ FAIRVif~W AVE tip ~ Tez Code KY. Sd O/ U Type ~/ Hoch MNre Ft, Feeder Ft, Fuld Lnootion: Meridian ~^t a~ Western Lines Joo TItI : P k d 5 b ~1 a . ac ar u .. Job Deno: U.~a. t0 2'¢ LOt,3 '" ' ~'' ~ . c9609083.0 Voltage: Corwt 19.9 kv op. 19.9 kv FNdar-~. LCST-04 3 r Oak. Slat. Counb, p t tr EitJmoted geb 9-26-9d ~~ ~Q a . o. 33 CarPMed P'°~ Nep Section Tornehlp S 3N tionga 1 E MWtdbn 6.iN. Fdr. Nap mot 1bp No. (R-f7t~ work ~~ Nn. Festered R w t'ornwesion 553,18 Fesder Alap (F-FLLE) tbp Fund, t.acatfon w. Ord A ! TTA AAMT~T~ a' o' Q ta' a' 18507-41 2 45 217 058 ~.~,~ v rv R.ctt ~ v. n u!{tf u1~11~'1~ 1~AP ~w 4ao st,eet ~ a ~ ~ ~ ELECTRICAL PERMIT Iss~_~ed: / / F'erm i t No : 1456G OWNER/AF'F'LICANT------------------------pROF'ERTY LOCATION-----------------_______ F'ACKARD LLC I 1 F'ACN,ARD SUP. I MERIDIAN, ID 8~0~0 I Lot: Flock: Long Legal: 2~-8/~@0-000 t S~_~b T ° S : I F'arc No CONTRACTOR-----------------------------DESIGNER--------------------------------- ALLOWAY ELECTRIC I 1420 GROVE ST. I POISE, I D 837Q~2 I 208/.?,44-2507 I 00Q~/00Q~-@0~0 I PROJECT INFO-------------------------------------------------------------------- F'r.j Val~.te: $4, 558.00 I Temp Service: F'r.j Type: I Residential Service: Occ Type: COMMERCIAL I Number of Rooms: Occ Grp: Occ Load: I Electrical Heat: Cnstr Type: I N~_~mber of Circuits: Land Use: IOther:STREETLIGHTS PROJECT NOTES-------------------------i----------------------------------------- 3-10~W STREETLIGHTS AT L1P2, L10P4, L5P3 ?,45-9844 PAYMENT DUE IN OUR OFFICE PY 2/5/9S PROJECT FEES ASSESSMENT------------------------- TOTAL ELECTRICAL FEE: X115.5@ ----------------------------- Amo~_int Paid: $~. ~Q~ Palance Due: X115.50 MASTER DECLARATION OF ,j~~j ~ 2 14~f~ COVENANTS. CONDITIONS. AND RESTRICTIONS C OF ~dERI~IAM FOR PACKARD SUBDIVISION THIS MASTER DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR Packard Subdivision is made effective as of the day of June, 1996, by Edmonds Construction, Inc., an Idaho corporation, and Pacific Northwest Electric, Inc., an Idaho corporation. ('Declarant" or "Owner" or "Grantor"). ARTICLE I: RECITALS 1.1 Property Covered. The property potentially subject to this Declaration of Covenants, Conditions, and Restrictions for Packard Subdivision (the "Declaration") is the real property legally described in Exhibit A attached hereto and made a part hereof. Once a portion of the real property described on Exhibit A is brought within the jurisdiction hereof, it shall be the "Property". Grantor intends to develop the Property in stages, which initial stage, Packard Subdivision #1, is more fully described in Exhibit C to this Declaration. In order to facilitate the staged development contemplated herein, Grantor may record, at its sole discretion, Supplemental Declarations which subject a portion of the Property to this Association or that modify this Declaration. Each development stage shall constitute a Tract, as defined herein. As a Tract of the Property is approved by Meridian City and Ada County, the filing of Supplemental Declarations by the Grantor to include such Tract in this Master Declaration makes such Tract subject to this Master Declaration. The property described on Exhibit C is a Tract. 1.2 Residential Development. Packard Subdivision is a residential development in accordance with existing or proposed development approvals obtained from Meridian City (the "City"). Certain portions of the Property may be developed for detached single family residential homes. The Property may contain parcels of Common Area, including streams or water amenities, public and/or private open space, park areas, landscaping, private lighting, private or public streets, drives, and other amenities and facilities. Any development plans or schemes for the Property in existence prior to or following the effective date of this Declaration are subject to change at any time by Grantor, subject to the City's approval, and impose no obligation on Grantor as to how the Property is to be developed or improved. Grantor acknowledges that the Building Lots in all Tracts are subject to the above referenced City and County approvals and any other governmental approvals obtained from time to time. Grantor acknowledges that it is familiar with such approvals, constructively or otherwise. 1.3 Purpose of Declaration. The purpose of this Declaration is to set forth the basic restrictions, covenants, limitations, easements, conditions, and equitable servitudes (collectively "Restrictions") that apply to a Tract. The Restrictions are designed to preserve the Property's value, desirability, and attractiveness, to ensure a well integrated high-quality development, and to guarantee adequate maintenance of the Common Area, and the Improvements located thereon, in a cost effective and administratively efficient manner. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-1 ~ ~ ARTICLE II: DECLARATION Grantor hereby declares that those portions of the Property brought within the jurisdiction hereof, as provided herein, and each lot, parcel, or portion thereof, is and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied, and improved subject to the following terms, covenants, conditions, easements, and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement, and sale of the Property, and to enhance the value, desirability, and attractiveness of the Property. The terms, covenants, conditions, easements, and restrictions set forth herein: A. shall run with the land constituting the Property, and with each estate therein, and shall be binding upon all persons having or acquiring any right, title, or interest in the Property or any lot, parcel, or portion thereof; B. shall inure to the benefit of every lot, parcel, or portion of the Property and any interest therein; and, C. shall inure to the benefit of, and be binding upon, Grantor, Grantor's successors in interest, and each grantee or Owner, and such grantee's or Owner's respective successors in interest, and may be enforced by Grantor, by any Owner, or such Owner's successors in interest, or by the Association as hereinafter described. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales, or leasing offices, or similar facilities (temporary or otherwise) on any portion of the Property, including the Common Area or any public right-of-way, nor Grantor's right to post signs incidental to construction, sales, or leasing, nor Grantor's right to modify plans for the Property, all in accordance with any necessary approvals of the City. ARTICLE III: DEFINITIONS 3.1 "Architectural Committee" shall mean the committee created by the Grantor or an Association pursuant to Article X hereof. 3.2 "Articles" shall mean the Articles of Incorporation of an Association or other organizational or charter documents of an Association. 3.3 "Assessments" shall mean those payments required of Owners or other Association Members, including Regular, Special, and Limited Assessments of any Association as further defined in this Declaration. 3.4 "Association" shall mean the Idaho profit or non-profit corporation, and its successors and assigns, established by Grantor to exercise the powers and to carry out the duties set forth in this Declaration or any Supplemental Declaration. Grantor shall have the power, in its discretion, to name the Association the "Packard Homeowners Association, Inc.", or any similar name MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-2 fairly reflects its purpose. 3.5 "Association Rules" shall mean those rules and regulations promulgated by an Association governing conduct upon and use of the Property under the jurisdiction or control of an Association, the imposition of fines and forfeitures for violation of Association Rules and regulations, and procedural matters for use in the conduct of business of an Association. 3.6 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of an Association. 3.7 "Building Lot" shall mean one or more lots within a Tract as specified or shown on any Plat and/or by Supplemental Declaration, upon with Improvements may be constructed. 3.8 "Bylaws" shall mean the Bylaws of the Association. 3.9 "Declaration" shall mean this Declaration as it may be amended from time to time. 3.10 "Design Guidelines" shall mean the construction guidelines approved by the Architectural Committee. 3.11 "Grantor" shall mean Edmonds Construction, Inc. and Pacific Northwest Electric, Inc., and their successors in interest, or affiliates of the Grantor, or any person or entity to whom the rights under this Declaration are expressly transferred by Grantor or its successor. An "affiliate" shall mean any entity with some form of common ownership interest with the Grantor or partners of the Grantor. 3.12 "Improvement" shall mean any structure, facility, or system, or other improvement or object, whether permanent or temporary, which is erected, constructed, or placed upon, under, or in, any portion of the Property, including but not limited to buildings, fences, streets, drives, driveways, sidewalks, bicycle paths, curbs, landscaping, signs, lights, mail boxes, electrical lines, pipes, pumps, ditches, waterways, and fixtures of any kind whatsoever. 3.13 "Landscape Easements" shall mean any portion of a Building Lot located within the landscape easements designated on the Plat or in a Supplemental Declaration. This Landscape Easement is in addition to the general landscape easement described in Sections 5.5.2.3 and 12.7 of this Declaration. 3.14 "Limited Assessment" shall mean a charge against a particular Owner and such Owners Building Lot, directly attributable to the Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the provisions of this Declaration or any Supplemental Declaration, including interest thereon as provided in this Declaration or a Supplemental Declaration. 3.15 "Common Area" shall mean all real property in which the Association holds an interest or which is held or maintained, permanently or temporarily, for the common use, enjoyment, and benefit of the entire Subdivision and each Owner therein, which includes the real property legally described in Exhibit B attached hereto and made a part hereof and shall include, without MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-3 ~ ~ limitation, all such parcels that are designated as private streets or drives, common open spaces, common landscaped areas, and waterways. The Common Area may be established from time to time by Grantor on any portion of the Property by describing it on a plat, by granting or reserving it in a deed or other instrument, or by designating it pursuant to this Declaration or any Supplemental Declaration. The Common Area may include easement and/or license rights. 3.16 "Member" shall mean each person or entity holding a membership in the Association. Where specific reference or the context so indicates, it shall also mean persons or entities holding membership. 3.17 "Owner" shall mean the person or other legal entity, including Grantor, holding fee simple interest of record to a Building Lot which is a part of the Property, and sellers under executory contracts of sale, but excluding those having such interest merely as security for the performance of an obligation. 3.18 "Packard Subdivision" shall mean the Property. 3.19 "Person shall mean any individual, partnership, corporation, or other legal entity. 3.20 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded at the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereof. 3.21 "Progerty" shall mean those portions of the Property described on Exhibit A attached hereto and incorporated herein by this reference, including each lot, parcel, and portion thereof and interest therein, including all water rights associated with or appurtenant to such property, which are brought within the jurisdiction hereof by Supplemental Declaration or otherwise. With the exception of the property described on Exhibit C attached hereto, no portion of the property described on Exhibit A or any other real property shall be subject to the terms, covenants, conditions, easements and restrictions of this Document until a Supplemental Declaration describing the portion of real property (the "Tract") is executed by the owner of such Tract and recorded. The property included in Exhibit C is subject to this Declaration upon the recording of this Declaration and without the filing of a Supplemental Declaration. The Property also may include, at Grantor's sole discretion, such additional property in addition to that described on Exhibit A, as may be annexed by means of supplemental Declaration as provided herein. Grantor, at its sole discretion may or may not include all portions of the property described on Exhibit A as part of the Property subject to this Declaration. Additionally, Grantor, at its sole election, may withdraw a Tract of which Grantor is the sole Owner previously included within the provisions hereof upon recordation of a written declaration of de-annexation. 3.22 "Regular Assessment" shall mean the portion of the cost of maintaining, improving, repairing, managing, and operating the Common Area and all Improvements located thereon, and the other costs of an Association which is to be levied against the Property of and paid by each Owner to the Association, pursuant to the terms of this Declaration or a Supplemental Declaration. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-4 • • 3.23 "Special Assessment" shall mean the portion of the costs of the capital improvements or replacements, equipment purchases and replacements or shortages ins Regular Assessments which are authorized and to be paid by each Owner to the Association, pursuant to the provisions of this Declaration or a Supplemental Declaration. 3.24 "Supplemental Declaration" shall mean any Supplemental Declaration including additional covenants, conditions, and restrictions that might be adopted with respect to any portion of the Property. 3.25 "Tract" shall mean a defined portion of the Property within which the contemplated development involves a common use or compatible uses, and which may have been designated as a Tract by this Declaration or a recorded Supplemental Declaration. Each Tract shall contain one or more Building Lots, and may be managed to the extent permitted herein. 3.26 'Waterway" shall mean any surface water amenity, including, without limitation, any lake, pond, channel, slough, stream, or reservoir, natural or artificial, which is located on the Property and which is included within or managed as Common Area. ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS 4.1 Structures -Generally. All structures are to be designed, constructed and used in such a manner as to promote compatibility between the types of use contemplated by this Declaration. 4.1.1 Use and Size of Dwelling Structure. All Building Lots shall be used exclusively or single-family residential purposes. No Building Lot shall be improved except with a single family dwelling unit or structure. The minimum structure size shall be One Thousand Four Hundred (1,400) square feet, exclusive of garage. 4.1.2 Architectural Committee Review. No Improvements which will be visible above ground or which will ultimately affect the visibility of any above ground Improvement shall be built, erected, placed, or materially altered or removed from the Property unless and until the building plans, specifications, and plot plan or other appropriate plans and specifications have been reviewed in advance by the Architectural Committee and the same have been approved in writing. The review and approval or disapproval may be based upon the following factors -size, height, design and style elements, mass and form, topography, setbacks, finished ground elevations, architectural symmetry, drainage, color, materials, including Architectural Committee approved architectural shingles roofing material, physical or aesthetic impacts on other properties, including Common Areas, artistic conformity to the terrain and the other Improvements on the Property, and any and all other factors which the Architectural Committee, in its reasonable discretion, deems relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the Improvements. This Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout or design of residential structures except to the extent incidentally necessitated by use, size, and height restrictions. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARDSUBDIVISION PAGE-5 4.1.3 Setbacks and Height. No residential or other structure (exclusive of fences and similar structures) shall be placed nearer to the Building Lot lines or built higher than permitted by the Plat for the Tract in which the Building Lot is located, by any applicable zoning restriction, by any conditional use permit, or by a building envelope designated either by Grantor or applicable Architectural Committee, whichever is more restrictive. 4.1.4 Accessory Structures. Detached garages shall be allowed if in conformity with the provisions of this Declaration, and as approved by the applicable Architectural Committee. No detached- storage sheds shall be allowed on any Building Lot. Garages, storage sheds attached to the residential structure, patio covers, and detached patio covers, shall be constructed of, and roofed with similar colors and design, as the residential structure on the applicable Building Lot. No playhouses, playground equipment, pool slides, diving boards, hot tubs, spas, or similar items shall extend higher than five (5) feet above the finished graded surface of the Building Lot upon which such item(s) are located, unless specifically so allowed by the Architectural Committee, in its sole discretion. Basketball courts, backboards, pools, tennis courts, shall be allowed in the back yard of any Building Lot, provided that such amenities are approved by the Architectural Committee and are not visible from any street, and do not promote noise or other nuisance that is offensive or detrimental to other property in the vicinity of the Building Lot or offensive or detrimental to the occupants of such other property. 4.1.5 Driveways. All access driveways shall have a wearing surface approved by the Architectural Committee of asphalt, concrete, or other hard surface materials, and shall be properly graded to assure proper drainage. 4.1.6 Mailboxes. All replacement mailboxes and stands will be of consistent design, material, and coloration and shall be located on or adjoining Building Lot lines at places designated by Grantor or the Architectural Committee. 4.1.7 Fencing. Fence designs shall not extend into any common green space within the subdivision. All fencing and boundary walls constructed on any Building Lot shall be of compatible style and material to that other fencing constructed adjacent to or abutting Common Areas, public and private streets, and shall otherwise be as approved by the Architectural Committee, and meeting all setback requirements of City ordinance. Certain entryway, corner, view and waterfront lots are restricted from fencing. 4.1.8 Lighting. Exterior lighting, including flood lighting, shall be part of the architectural concept of the Improvements on a Building Lot. Fixtures, standards, and all exposed accessories shall be harmonious with building design, and shall be as approved by the applicable Architectural Committee. Lighting shall be restrained in design, and excessive brightness shall be avoided. Private lighting for the Common Areas of the property, 4.2 Antennae. No exterior radio antenna, television antenna or other antenna of any type shall be erected or maintained on the property unless it is approved by the Architectural Committee including private streets, shall be the responsibility of the Association per Article 5.and located or screened in a manner acceptable to said Architectural Committee. No satellite dishes shall be allowed on the Property; provided, however, that small dishes of approximately three (3) feet or MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-6 less diameter may be placed in an appropriate portion of a Lot not visible from the street if allowed by the Architectural Committee, and subject to all terms and conditions, including screening, which may be imposed in the sole discretion of the Architectural Committee. 4.3 Insurance Rates. Nothing shall be done or kept on any Building Lot which will increase the rate of insurance on any other portion of the Property without the approval of the Owner of such other portion, nor shall anything be done or kept on the Property or a Building Lot which would result in the cancellation of insurance on any property owned or managed by any such Association or which would be in violation of any law. 4.4 No Further Subdivision. No Building Lot may be further subdivided, nor may any easement or other interest therein, unless such subdivision complies with all applicable laws. 4.5 Signs. No sign of any kind shall be displayed to the public view without the approval of the applicable Architectural Committee or Association, and the City if otherwise so required, except: (A) such signs as may be used by Grantor in connection with the development of the Property and sale of Building Lots; (B) temporary signs naming the contractors, the architect, and the lending institution for particular construction operation; (C) such signs identifying Subdivision, or informational signs, of customary and reasonable dimensions as prescribed by the Architectural Committee may be displayed on or from the Common Area; and, (D) one (1) sign of customary and reasonable dimensions not to exceed three (3) feet by two (2) feet may be displayed by an Owner other than Grantor on or from a Building Lot advertising the residence for sale or lease All signage, including signage for the exceptions listed as (A)-(D), must be done in accordance with the Subdivision signage format. Without limiting the foregoing, no sign shall be placed in the Common Area without the written approval of the applicable Architectural Committee or the Association. 4.6 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate anywhere upon the Property, including the Common Area or vacant Building Lots, and no odor shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive, or detrimental to the Property or to its occupants, or to any other property in the vicinity thereof or to its occupants. No noise or other nuisance, as described in the Meridian City Code, as amended from time to time, shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to the Property or to its occupants or to other property in the vicinity or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells, or other sound devices (other than security devices used exclusively for security purposes which have been approved by the Association), flashing lights, or search lights, shall be located, used, or placed on the Property without the prior written approval of the Association. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-7 • 4.7 Exterior Maintenance: Owner's Obligations. No Improvement shall be permitted to fall into disrepair, and each Improvement shall at all times be kept in good condition and repair. In the event that any Owner shall permit any Improvement, including trees and landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly, or unattractive condition, or damages property of facilities on or adjoining their Building Lot which would otherwise be the Association's responsibility to maintain, the Board of the Association, upon fifteen (15) days prior written notice to the Owner of such property, shall have the right to correct such condition, and to enter upon such Owner's Building Lot for the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth in Article VIII of this Declaration. The Owner of the offending property shall be personally liable, and such Owner's property may be subject to a mechanic's lien, for all costs and expenses incurred by the Association in taking such corrective acts, plus all costs incurred in collecting the amounts due, including attorney's fees and costs. Each Owner shall pay all amounts due for such work within ten (10) days after receipt of written demand therefor, or the amounts may, at the option of the Board, be added to the amounts payable by such Owner as Regular Assessments. Each Owner shall have the remedial rights set forth herein if the applicable Association fails to exercise its rights within a reasonable time following written notice by such Owner. 4.8 Drainage. There shall be no interference with the established drainage pattern over any portion of the Property, unless an adequate alternative provision is made for proper drainage and is first approved in writing by the applicable Architectural Committee. For the purposes hereof, "established" drainage is defined as the system of drainage, whether natural or otherwise, which exists at the time the overall grading of any portion of the Property is completed by Grantor, or that drainage which is shown on any plans approved by the Architectural Committee, which may include drainage from the Common Area over any Building Lot in the Property. 4.9 Grading. The Owner of any Building Lot within the Property in which grading or other work has been performed pursuant to a grading plan approved under applicable provisions of City Code shall maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures, means, or devices which are not the responsibility of the Ada County Highway District, the Association, or other public agency, and plantings and ground cover installed or completed thereon. Such requirements shall be subject to Regular, Special, and Limited Assessments provided in Article VII herein, as may be applicable. 4.10 Water Supply Systems. No separate or individual water supply system, regardless of the proposed use of the water to be delivered by such system, shall be permitted on any Building lot unless such system is designed, located, constructed, and equipped in accordance with the requirements, standards, and recommendations of the Board of the Association and all governmental authorities having jurisdiction. Grantor or affiliates of Grantor may use the water supply as deemed necessary for temporary or other irrigation purposes. 4.11 No Hazardous Activities. No activities shall be conducted on the Property, and improvements constructed on any property which are or might be unsafe or hazardous to any person or property. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-8 4.12 Unsightly Articles. No unsightly articles shall be permitted to remain on any Building Lot so as to be visible from any other portion of the Property. Without limiting the generality of the foregoing, refuse, garbage, and trash shall be kept at all times in such containers and in areas approved by the applicable Architectural Committee. No clothing or fabrics shall be hung, dried, or aired in such a way as to be visible to other property, and no equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, plant waste, metals, bulk material, scrap, refuse, or trash shall be kept, stored or allowed to accumulate on any Building Lot except within an enclosed structure or as appropriately screened from view. No vacant residential structures shall be used for the storage of building materials. 4.13 No Temporary Structures. No house trailer, mobile home, tent (other than for short term individual use which shall not exceed one [1 ]week unless approved by the Association), shack or other temporary building, improvement, or structure shall be placed upon any portion of the Property, except temporarily as may be required by construction activity undertaken on the Property. Also excepted from this requirement is any sales office established for the Property. 4.14 No Unscreended Boats Campers and Other Vehicles. No boats, trailers, campers, all-terrain vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or unrepaired and unsightly vehicles, or similar equipment shall be placed upon any portion of the Property (including, without limitation, streets, parking areas, and driveways) unless the same are enclosed by a structure concealing them from view in a manner approved by the Architectural Committee. To the extent possible, garage doors shall remain closed at all times. 4.15 Sewage Disposal Systems. No individual sewage disposal system shall be used on the Property. Each Owner shall connect the appropriate facilities on such Owner's Building Lot to the Meridian City Sewer System and pay all charges assessed therefor. 4.16 No Mining or Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing water, oil, gas, or other hydrocarbons, minerals, rocks, stones, sand, gravel or earth. This paragraph 4.16 shall not prohibit exploratory drilling or coring which is necessary to construct a residential structure or Improvements. 4.17 Energy Devices. Outside. No energy production devices, including but, not limited to, generators of any kind and solar energy devices, shall be constructed or maintained on any portion of the Property without the written approval of the applicable Architectural Committee, except for heat pumps shown in the plans approved by the Architectural Committee. This paragraph 4.17 shall not apply to passive solar energy systems incorporated into the approved design of a residential structure. 4.18 Vehicles. The use of all vehicles, including, but not limited to, trucks, automobiles, bicycles, motorcycles, snowmobiles, aircraft, and boats, shall be subject to all Association Rules, which may prohibit or limit the use thereof within Packard Subdivision. No on-street parking shall be permitted except where expressly designated for parking use. No parking bays shall be permitted in any side, front, or backyard. Vehicles parked on a driveway shall not extend into any sidewalk or bike path or pedestrian path. No motorized vehicle or device shall be permitted on any Waterway unless such vehicle is engaged in an emergency procedure. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-9 • 4.19 Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be kept on the Property unless the presence of such creatures does not constitute a nuisance. The paragraph 4.19 does not apply to the keeping of up to two (2) domesticated dogs, up to two (2) domesticated cats, and other household pets which do not unreasonably bother or constitute a nuisance to others. Without limiting the generality of the foregoing, consistent and/or chronic barking by dogs shall be considered a nuisance. Each dog in Packard Subdivision shall be kept on a leash, curbed, and otherwise controlled at all times when such animal is off the premises of its owner. Such owner shall clean up any animal defecation immediately from the Common Area or public right-of-way. Failure to do so may result, at the Board's discretion, with a Limited Assessment levied against such animal owner. No dog or cat shall be allowed in any Waterway. The construction of dog runs or other pet enclosures shall be subject to applicable Architectural Committee approval, shall be appropriately screened, and shall be maintained in a sanitary condition. Dog runs or other pet enclosures shall be placed a minimum of ten (10) feet from the side and twenty-five (25) feet from the rear Building Lot line, shall not be placed in any front yard of a Building Lot, and shall be screened from view so as not to be visible from the Common Area or an adjacent Building Lot. 4.20 Landscaping. The Owner of any Building Lot shall sod and landscape such Building Lot in conformance with the landscape plan approved by the Association, and as approved by the Architectural Committee. All landscaping shall be planted within thirty (30) days after said dwelling structure is completed, weather permitting. But if Grantor or an affiliate of Grantor constructs the dwelling structure, only the front yard of the Building Lot is required to be landscaped within thirty (30) days of substantial completion of the dwelling structure. The Owner is then responsible for completing the balance of the Building Lot landscaping within ninety (90) days after the Building Lot is conveyed to the first Owner of the Building Lot. Additionally, Grantor may grant extensions of the landscaping deadlines to any party for up to ninety (90) days. Prior to construction of Improvements, the Owner (or any Association to which such responsibility has been assigned) shall provide adequate irrigation and maintenance of existing trees and landscaping, shall control weeds, and maintain the Owner's (or Associations) property in a clean and safe condition free of debris or any hazardous condition. All trees located on common Building Lot lines shall be the joint responsibility of the adjoining Building Lot owners. All landscaped Common Areas other than riparian vegetation shall be irrigated by an underground sprinkler system. Following commencement of any construction of any Improvement, construction shall be diligently pursued and completed as soon as reasonably practical. All landscaping on a Building Lot, unless otherwise specified by the applicable Architectural Committee, shall be completed as soon as reasonably practical following completion of the residential structure on such Building Lot. 4.21 Exemption of Grantor. Nothing contained herein shall limit the right of Grantor to subdivide or re-subdivide any portion of the Property, to grant licenses, to reserve rights-of-way and easements with respect to the Common Area to utility companies, public agencies, or others, or to complete excavation, grading, and construction of Improvements to and on any portion of the property owned by Grantor, or to alter the foregoing and its construction plans and designs, or to construct such additional Improvements as Grantor deems advisable in the course of development of the Property so long as any Building Lot in the Property remains unsold. Such MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-10 • right shall include, but shall not be limited to, erecting, constructing, and maintaining on the Property such structures and displays as may be reasonably necessary for the conduct of Grantor's business of completing the work and disposing of the same by sales lease or otherwise. Grantor shall have the right at any time prior to acquisition of title to a Building Lot by a purchaser from Grantor to grant, establish, and/or reserve on that Building Lot, additional licenses, reservations and rights-of way to Grantor, to utility companies, or to others as may from time to time be reasonably necessary to the proper development and disposal of the Property. Grantor may use any structures owned by Grantor on the Property as model home complexes or real estate sales or leasing offices for lots and homes within the Development. Grantor need not seek or obtain Architectural Committee approval of any Improvement constructed or placed by Grantor or an affiliate of Grantor on any portion of the Property owned by Grantor or an affiliate of Grantor. The rights of Grantor hereunder may be assigned by Grantor to any successor in interest in connection with Grantor's interest in any portion of the Property, by an express written assignment recorded in the Office of the Ada County Recorder. 4.22 Conveyances to and from Municipalities. The Board shall have the power to convey any portion of the Common Area in Packard Subdivision to the City, the County of Ada, the State of Idaho, the United States of America, or any political subdivision thereof. The Board shall also have the power to receive a conveyance of any property interest from the above-referenced entities, or any other individual or entity, and to hold such property interest as Common Area. 4.23 Water Rights Appurtenant to Subdivision Lands. Within one hundred twenty (120) days of the date of the recording of this Declaration, Grantor shall transfer from the Property subject to this Declaration, and within the boundaries of an irrigation entity, as defined in said Section 31-3805, Idaho Code, all water rights and assessment obligations appurtenant to the Property to the Association. 4.24 Commencement of Construction. Any owner of a Building Lot shall, within a period of one (1) year following the date of purchase of a Building Lot from Grantor, commence the construction of a dwelling structure in compliance with the restrictions herein, and such construction shall be completed within six (6) months thereafter. The term "Commence the construction", as used in this paragraph 4.24, shall require actual physical construction activities upon such dwelling structure upon such Building Lot. In the event such Owner shall fail or refuse to commence the construction of a dwelling structure within said one (1) year period, Grantor may, at Grantors option, following the expiration of said one (1) year period, repurchase said Building Lot from such Owner or the then Owner of such Building Lot at a repurchase price equivalent to the money actually paid to Grantor, less any amount equivalent to ten (10) percent thereof. In the event Grantor shall exercise Grantor's option to repurchase such Building Lot, upon tender of said repurchase price, Owner or the then Owner of such Building Lot shall make, execute, and deliver to Grantor a deed reconveying said Building Lot, free and clear of all liens, which deed shall be binding upon all persons who may, at any time hereafter, own or claim any right, title, or interest in such Building Lot, and the successors in title thereto, whether acquired by voluntary act or through operation of law. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-11 ARTICLE V: PACKARD HOMEOWNERS ASSOCIATION _5.1 Organization of Packard Homeowners Association. Packard Homeowners Association ('Association") shall be initially organized by Grantor as an Idaho nonprofit corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws, and this Declaration. Neither the Articles nor the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration or with any Supplemental Declaration which Grantor might adopt pertaining to the Subdivision. 5.2 Membership. Each Owner, by virtue of being 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. Memberships in the Association shall be appurtenant to the Tract, Building Lot, or other portion of the Property owned by such Owner. The memberships in the Association shall not be transferred, pledged, assigned, or alienated in any way except upon the transfer of Owner's title and then only to the transferee of such title. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 5.3 Voting. Voting in the Association shall be carried out by Members who shall cast the votes attributable to the Building Lots which they own, or attributable to the Building Lots owned by Grantor. The number of votes any Member may cast on any issue is determined by the number of Building Lots which the Member, including Grantor, owns. When more than one person holds an interest in any Building Lot, all such persons shall be Members but shall share the votes attributable to the Building Lot. For voting purposes, the Association shall have two (2) classes of Members as described below: 5.3.1 Class A Members. Owners other than Grantor shall be known as Class A Members. Each Class Member shall be entitled to cast one (1) vote for each Building Lot owned by such Class A Member on the day of the vote. 5.3.2 Class B Members. The Grantor shall be known as the Class B Member, and shall be entitled to six (6) votes for each Building Lot of which Grantor is the Owner. The Class B Member shall cease to be a voting Member in the Association when the total cumulative votes of the Class A Members equal or exceed the total votes of the Class B Members, provided that the Class B membership shall not cease before the expiration of five (5) years from the date on which the first Building Lot is sold to an Owner. Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that such Owner was acting with authority and consent of all joint owners of the Building Lot(s) from which the vote derived. The right to vote may not be severed or separated from the ownership of the Building Lot to which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's right to vote to a lessee, mortgagee, beneficiary, or contract purchaser of the building lot concerned, for the term of the lease, mortgage, deed of trust, or contract. Any sale, transfer, or conveyance of such Building MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-12 1 LJ Lot to a new Owner shall operate automatically to transfer the appurtenant voting right to the Owner, subject to any assignment of the right to vote to a lessee, mortgagee, or beneficiary as provided herein. 5.4 Board of Directors and Officers. The affairs of the Association shall be conducted and managed by a Board of Directors ('Board") and such owners as the Board may elect or appoint, in accordance with the Articles and Bylaws, as the same may be amended from time to time. The Board of the Association shall be elected in accordance with the provisions set forth in the Association Bylaws. 5.5 Power and Duties of the Association. 5.5.1 Powers. The Association shall have all the powers of a corporation organized under the general corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, and this Declaration. The Association shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under Idaho law and under this Declaration, and the Articles and Bylaws, and to do and perform any and all acts which may be necessary to, proper for, or incidental to the proper management and operation of the Common Area and the Declaration's other assets (including water rights when and if received from Grantor) and affairs and the performance of the other responsibilities herein assigned, including without limitation: 5.5.1.1 Assessments. The power to levy Assessments on any Owner or any portion of the Property and to force payment of such Assessments, all in accordance with the provisions of this Declaration. 5.5.1.2 Right of Enforcement. The power and authority from time to time in its own name, on its own behalf or on behalf of any Owner who consents thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration or the Article or the Bylaws, including the Association Rules adopted pursuant to this Declaration, and to enforce by injunction or otherwise, all provisions hereof. 5.5.1.3 Delegation of Powers. The authority to delegate its power and duties to committees, officers, employees, or to any person, firm, or corporation to act as manager, and to ~ contract for the maintenance, repair, replacement, and operation of the Common Area. Neither the Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. 5.5.1.4 Association Rules. The power to adopt, amend, and repeal by majority vote of the Board such rules and regulations as the Association deems reasonable. The Association may govern the use of the Common Areas, including, but not limited to, the use of private streets by the Owners, their families, invitees, licensees, lessees, or contract purchasers; provided, however, that any Association Rules shall apply equally to all Owners and shall not be MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARDSUBDIVISION PAGE-13 inconsistent with this Declaration, the Articles, or the Bylaws. A copy of the Association Rules as they may from time to time be adopted, amended, or repealed, shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if they were set forth in and were a part of this Declaration. In the event of any conflict between such Association Rules and any other provisions of this Declaration, or the Articles or the Bylaws, the provisions of the Association Rules shall be deemed to be superseded by provisions of this Declaration, the Articles, or the Bylaws to the extent of any such inconsistency. 5.5.1.5 Emergency Powers. The power, exercisable by the Association or by any person authorized by it, to enter upon any property (but not inside any building constructed thereon) in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which the Association is responsible. Such entry shall be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Association. 5.5.1.6 Licenses. Easements. and Rights-of Wav. The power to grant and convey to any third party such licenses, easements, and rights-of-way in, on, or under the Common Area as may be necessary or appropriate for the orderly maintenance, preservation, and enjoyment of the Common Area, and for the preservation of the health, safety, convenience, and welfare of the Owners, for the purpose of constructing, erecting, operating, or maintaining: 5.5.1.6.1 Underground lines, cables, wires, conduits, or other devices for the transmission of electricity or electronic signals-for lighting, heating, power, telephone, television, or other. purposes, and the above ground lighting stanchions, meters, and other facilities associated with the provisions of lighting and services; and, 5.5.1.6.2 Public sewers, storm drains, water drains, and pipes, water supply systems, sprinkling systems, heating and gas lines or pipes, and any similar public orquasi-public improvements or facilities. 5.5.1.6.3 Mailboxes and sidewalk abutments around such mailboxes, or any service facility, berms, fencing and landscaping abutting common areas, public and private streets or land conveyed for any public or quasi-public purpose including, but not limited to, bicycle pathways. The right to grant such licenses, easements, and rights-of way is hereby expressly Reserved to the Association and may be granted at any time prier to twenty-one (21) years after the death of the issue of the individuals executing this declaration on behalf of Grantor who are being as of the date hereof. 5.5.2 Duties. In addition to duties necessary and proper to carry out the power delegated to the Association by this Declaration, and the Articles and Bylaws, without limiting the MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-14 generality thereof, the Association or its agent, if any, shall have the authority and the obligation to conduct all business affairs of the Association and to perform, without limitation, each of the following duties: 5.5.2.1 Operation and Maintenance of the Common Area. Operate, maintain, and otherwise manage, or provide for the operation, maintenance, and management of, the Common Area and landscape Easement areas (as defined in Section 3.13), including the repair and replacement of property damaged or destroyed by casualty loss. Specifically, the Association shall, at Grantor's sole discretion, operate and maintain all properties owned by Grantor which are designated by Grantor for temporary or permanent use by Members of the Association. Such properties may include those lands intended for open space uses and which may be referred to as "non-buildable" lots per the Plat. Additionally, the Association may, in its discretion, limit or restrict the use of the Common Area to the Owners residing in the Subdivision. 5.5.2.2 Reserve Account. Establish and fund a reserve account with a reputable banking institution or savings and loan association or title insurance company authorized to do business in the State of Idaho, which reserve account shall be dedicated to the costs of repair, replacement, maintenance and improvement of the Packard Common Area, and enforcement of the terms of the Conservation Agreement as defined below. 5.5.2.3 Maintenance of Berms Retaining Walls and Fences. Maintain the berms, retaining walls, fences, and water amenities within and abutting the Common Area and Landscape Easement areas. 5.5.2.4 Taxes and Assessments. Pay all real and personal property taxes and Assessments separately levied against the Common Area or against the Subdivision, the Association, and/or any other property owned by the Association. Such taxes and Assessments may be contested or compromised by the Association, provided, however, that such taxes and Assessments are paid or a bond insuring payment is posted prior to the sale or disposition of any property to satisfy the payment of such taxes and Assessments. In addition, the Association shall pay all other federal, state, or local taxes, including income or corporate taxes levied against the Association, in the event that the Association is denied the status of a tax exempt corporation. 5.5.2.5 Water and Other Utilities. Acquire, provide, and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone, and gas, and other necessary services, for the Common Area, and manage for the benefit of the Subdivision all domestic, irrigation, and amenity water rights and rights to receive water held by the Association, whether such rights are evidenced by license, permit, claim, stock ownership, or otherwise. The Association shall maintain, repair, and operate any sewer lift stations located on the Property. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-15 5.5.2.6 Insurance. Obtain insurance from reputable insurance companies authorized to do business in the State of Idaho, and maintain in effect any insurance policy the Board deems necessary or advisable, including, without limitation, the following policies of insurance: 5.5.2.6.1 Fire insurance, including those risks embraced by coverage of the type known as the broad form HAII Risks or special extended coverage endorsement on a blanket agreed amount basis for the full insurable replacement value of all Improvements, equipment, and fixtures located within the Common Area. 5.5.2.6.2 Comprehensive public liability insurance insuring the Board, the Association, the Grantor, and the individual grantees and agents and employees of each of the foregoing, against any liability incident to the ownership and/or use of the Common Area. Limits of liability of such coverage shall be as follows: Not less than One Million Dollars and No Cents ($1,000,000.0) per person, and One Million Dollars and No Cents ($1,000,000.00) per occurrence, with respect to personal injury or death, and One Million Dollars and No Cents ($1,000,000.00) per occurrence with respect to property damage. 5.5.2.6.3 Full coverage directors' and officers' liability insurance with a limit of at least Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00). 5.5.2.6.4 Such other insurance, including motor vehicle insurance and Workmen's Compensation Insurance, to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity, and other bonds as the Board shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property. 5.5.2.6.5 The Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Association under such policies, and shall have full power to receive such Owner's interests in such proceeds and to deal therewith. 5.5.2.6.6 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Association. 5.5.2.7 Rule Making. Make, establish, promulgate, amend, and repeal such Association Rules as the Board shall deem advisable. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-16 5.5.2.8 Newsletter. If it so elects, prepare and distribute a newsletter on matters of general interest to Association Members, the cost of which shall be included in Regular Assessments. 5.5.2.9 Architectural Committee. Appoint and remove members of the Architectural Committee, subject to the provisions of this Declaration. 5.5.2.10 Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of the Declaration, or of the Articles or the Bylaws, including, without limitation, the recordation of any claim of lien with the Ada County Recorder, as more fully provided herein. 5.5.2.11 Private Streets. Signs, and Lights. Maintain, repair, or replace private streets (as noted on the Plat and including any cul-de-sac easements), street signs, and private street lights located on the Property. This duty shall run with the land and cannot be waived by the Association unless the City of Meridian consents to such waiver. 5.6 Personal Liability. No Member of the Board, or member of any committee of the Association, or any officer of the Association, or the Grantor, or the manager, if any, shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss, or prejudice suffered or claimed on the account of any act, omission, error, or negligence of the Association, the Board, the manager, if any, or any other representative or employee of the Association, the Grantor, or the Architectural Committee, or any other committee, or any owner of the Association, or the Grantor, provided that such person, upon the basis of such information as may be possessed by such person, has acted in good faith without willful or intentional misconduct. 5.7 Budgets and Financial Statements. Financial statements for the Association shall be prepared regularly and copies shall be distributed to each Member of the Association as follows: 5.7.1 A pro forma operating statement or budget, for each fiscal year shall be distributed not less than sixty (60) days before the beginning of each fiscal year. The operating statement shall include a schedule of Assessments received and receivable, identified by the Building Lot number and the name of the person or entity assigned. 5.8 Meetings of Association. Each year the Association shall hold at least one (1) meeting of the Members, according to the schedule for such meetings established by the Bylaws; provided, however, that such meeting shall occur no later than November 1 each year. Only Members shall be entitled to attend Association meetings, and all other persons may be excluded. Notice for all Association meetings, regular or special, shall be given by regular mail to all Members, and any person in possession of a Building Lot, not less than ten (10) days, nor more than thirty (30) days, before the meeting and shall set forth the place, date, and hour of the meeting and the nature of the business to be conducted. All meetings shall be held within the Property or as close thereto as practical at a reasonable place selected by the Board. The presence at any MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-17 meeting in person of the Class B Member, where there is such a Member, and of the Class A Members representing Owners holding at least thirty percent (30%) of the total votes of all Class A Members, shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present may adjourn the meeting to a time not less than ten (10) days nor more than thirty (30) days from the time the original meeting was scheduled. A second meeting may be called as the result of such an adjournment, provided notice is given as provided above. At any such meeting properly called, the presence of any Member shall constitute a quorum. ARTICLE VI: RIGHTS TO COMMON AREAS 6.1 Use of Common Area. Every Owner shall have a right to use each parcel of the Common Area, which right shall be appurtenant to and shall pass with the title to every Building Lot, subject to the following provisions: 6.1.1 The right of the Association holding or controlling such Common Area to levy and increase Assessments; 6.1.2 The right of the Association to suspend the voting rights and rights to use of, or interest in, the Common Area recreational facilities (but not including access to private streets, cur-de-sacs and walkways of the Property) by an Owner for any period during which any Assessment or charge against such Owner's Building Lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of the Association Rules; and, 6.1.3 The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be permitted by the Articles and the Bylaws and agreed to by the Members. No dedication or transfer of said Common Area shall be effective unless an instrument agreeing to such dedication or transfer signed by Members representing two-thirds (2/3) of each class of Members has been recorded. 6.1.4 The right of the Association to prohibit the construction of structures or Improvements on all Common Areas which interfere with the intended use of such areas as private street, cur-de-sacs and walkways. 6.1.5 The right of the Association to protect wildlife habitat 6.2 Designation of Common Area. Grantor shall designate and reserve the Common Area in the Declaration, Supplemental Declarations, and/or recorded Plats, deeds, or other instruments, and/or otherwise provided herein. 6.3 Delegation of Right to Use. Any Owner may delegate, in accordance with the respective Bylaws and Association Rules of the Association, such Owner's right of enjoyment to the Common Area, to the members of such Owner's family in residence, and such Owner's tenants or contract purchasers who reside on such Owner's Building lot. Only Grantor or the Association shall have the right to delegate the right of enjoyment to the Common Area to the general public, and such delegation to the general public shall be for a fee set by Grantor or the Association. MASTER DECLARATION OF COVENANTS. CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-18 • 6.4 Damages. Each Owner shall be fully liable for any damage to any Common Area which may be sustained by reason of the negligence or willful misconduct of the Owner, such Owner's resident tenant or contract purchaser, or such Owner's family and guests, both minor and adult. In the case of joint ownership of a Building Lot, the liability of such Owners shall be joint and several. The cost of correcting such damage shall be a Limited Assessment against the Building Lot and may be collected as provided herein for the collection of other Assessments. ARTICLE VII: ASSESSMENTS 7.1 Covenant to Pav Assessments. By acceptance of a deed to any property in the Subdivision, each Owner of such property hereby covenants and agrees to pay when due all Assessments or charges made by the Association, including all Regular, Special, and Limited Assessments and charges made against such Owner pursuant to the provisions of this Declaration or other applicable instrument. 7.1.1 Assessment Constitutes Lien. Such Assessments and Charges, together with interest, costs, and reasonable attorneys' fees which may be incurred in collecting the same, shall be a charge on the land and shall be a continuing lien upon the property against which each such Assessment or charge is made. 7.1.2 Assessment is Personal Obligation. Each such Assessment, together with interest, costs and reasonable attorneys" fees, shall also be the personal obligation of the Owner of such property beginning with the time when the Assessment falls due. The personal obligation for delinquent Assessments shall not pass to such Owner's successors in title unless expressly assumed by them but shall remain such Owner's personal obligation regardless of whether he remains an Owner. 7.2 Regular Assessments. All Owners, including the Grantor, are obligated to pay Regular Assessments to the treasurer of the Association on a schedule of payments established by the Board. 7.2.1 Purpose of Regular Assessments. The proceeds from Regular Assessments are to be used to pay for all costs and expenses incurred by an Association, including legal and attorneys' fees and other professional fees, for the conduct of its affairs, including without limitation the costs and expenses of construction, improvement, protection, maintenance, repair, management, and operation of the Common Areas, including all Improvements located on such areas owned and/or managed and maintained by such Association, and an amount allocated to an adequate reserve fund to be used for repairs, replacement, maintenance, and improvement of those elements of the Common Area, or other property of the Association that must be replaced and maintained on a regular basis (collectively "Expenses"). 7.2.2 Computation of Regular Assessments. The Association shall compute the amount of its Expenses on an annual basis. The Board shall compute the amount of Regular Assessments owed beginning the first day of the third month following the month in which the closing of the first sale of a Building Lot occurred in Packard Subdivision for the purposes of the Association's Regular Assessment ("Initiation Date"). Thereafter, the MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-19 • computation of Regular Assessments shall take place not less than thirty (30) nor more than sixty (60) days before the beginning of each fiscal year of an Association. The computation of the Regular Assessment for the period from the Initiation Date until the beginning of the next fiscal year shall be reduced by an amount which fairly reflects the fact that such period was less than one (1) year. 7.2.3 Amounts Paid by Owners. The Board can require, in its discretion or as provided in the Articles or Bylaws, payment of Regular Assessments in monthly, quarterly, semi-annual, or annual installments. The Regular Assessment to be paid by any particular Owner, except Grantor, for any given fiscal year shall be computed as follows: 7.2.3.1 As to the Association's Regular Assessment, each Owner shall be assessed and shall pay an amount computed by multiplying the Association's total advance estimate of Expenses by the fraction produced by dividing the Building Lots in the applicable Tract attributable to the Owner by the total number of Building Lots in such Tract. 7.2.3.2 U p until two (2) years following the date of the sale of a Building Lot in a particular Tract of the development, the Grantor shall be assessed the difference between the total revenue of the Association less the total expenses of the Association ("Shortfall") for that Tract of the development. The Grantor agrees to pay the cost of any Shortfall in order to properly maintain the Packard Subdivision during the development of each Tract. After two (2) years from the date of the first sale of a Building Lot in a particular Tract, the Grantor shall be assessed the Regular Assessment (defined in Section 7.2.3.1) for each Building Lot remaining in the respective Tract. This reduced assessment is in return for the Grantor paying the maintenance obligations for the Common Area prior to the acceptance of these obligations by the~Association. 7.3 Special Assessments. 7.3.1 Purpose and Procedure. In the event that the Board of an Association shall determine that its respective Regular Assessment for a given calendar year is or will be inadequate. to, meet the Expenses of such Association for any reason, including but not limited to costs of construction, reconstruction, unexpected repairs or replacement of capital improvements upon the Common Area, attorney's fees and/or litigation costs, other professional fees, or for any other reason, the Board thereof shall determine the approximate amount necessary to defray such Expenses and levy a Special Assessment against the portions of the Property within its jurisdiction which shall be computed in the same manner as Regular Assessments. No Special Assessment shall be levied which exceeds twenty percent (20 %) of the budgeted gross Expenses of such Association for that fiscal year, without the vote or written assent of the Owners representing a majority of the votes of the Members of such Association. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. 7.3.2 Consistent Basis of Assessment. Every Special Assessment levied by and for an Association shall be levied and paid upon the same basis as that prescribed for the MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-20 ! • levying and payment of Regular Assessments for such Association. 7.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, a Board may levy a Limited Assessment against a Member as a remedy to reimburse the Association for costs incurred in bringing the Member and/or such Member's Building Lot or restricted Common Area into compliance with the provisions of the governing instruments for Packard Subdivision. 7.5 Uniform Rate of Assessment. Unless otherwise specifically provided herein, Regular and Special Assessments shall be fixed at a uniform rate per Building Lot for all Members of the Association. 7.6 Assessment Period. Unless otherwise provided in the Articles or Bylaws, the Assessment period shall commence on January 1 of each year and terminate December 31 of the year in which the Initiation Date occurs. The first Assessment shall be pro-rated according 'to the number of months remaining in the fiscal year and shall be payable in equal monthly installments. 7.7 Notice and Assessment Due Date. Ten (10) days prior written notice of Regular and Special Assessments shall be sent to the Owner of every Building Lot subject thereto, and to any person in possession of such Building Lot. The due dates for installment payment of Regular Assessments and Special Assessments shall be the first day of each month unless some other due date is established by the Board. Each monthly installment of the Regular Assessment of Special Assessment shall become delinquent if not paid within ten (10) days after the- levy thereof. There shall accrue with each delinquent installment payment a late charge equal to ten percent (10%) of the delinquent installment. In addition, each installment payment which is delinquent for more than twenty (20) days shall accrue interest at eighteen percent (18%) per annum calculated from the date of delinquency to and including the date full payment is received by an Association. An Association may bring an action against the delinquent Owner and may foreclose the lien against such Owners Building Lot as more fully provided herein. Each Owner is personally liable for Assessments, together with all interest, costs and attorneys' fees, and no Owner may exempt such Owner from such liability by a waiver of the use and enjoyment of the Common Areas, or by lease or abandonment of such Owner's Building Lot. 7.8 Estoppel Certificate. The Association, upon at least twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request, a statement in writing stating whether or not, to the knowledge of the Association, a particular Building Lot Owner is in default under the provisions of this Declaration, and further stating the dates to which any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this paragraph 7.8 may be relied upon by any prospective purchaser or mortgagee of the Owner's Building Lot. Reliance on such Certificate may not extend to any default as to which the Sign or shall have had no actual knowledge. 7.9 Special Notice and Quorum Reauirements. Notwithstanding anything to the contrary contained in either the Bylaws or the Articles, written notice of any meeting called for the purpose of levying a Special Assessment, or for the purpose of obtaining a membership vote in connection with an increase in the Regular Assessment, shall be sent to all Members of the MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-21 ~ ~ Association and to any person in possession of a Building Lot in the applicable Tract, not less than fifteen (15) days nor more than thirty (30) days before such meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of the total votes of the Association shall constitute a quorum. If such quorum is not present, subsequent meetings may be called subject to the same notice requirement, and the required quorum at the subsequent meetings shall be fifty percent (50%) of the quorum required at the preceding meeting. No such subsequent meeting shall be held more than thirty (30) days following the preceding meeting. ARTICLE VIII: ENFORCEMENT OF ASSESSMENT. LIENS 8.1 Right to Enforce. The Association has the right to collect and enforce its Assessments pursuant to the provisions hereof. Each Owner of Building Lot, upon becoming an Owner of such Building Lot, shall be deemed to covenant and agree to pay each and every Assessment provided for in this Declaration and agrees to the enforcement of all Assessments in the manner herein specified. In the event an attorney or attorneys are employed for the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, each Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy obtained against such Owner. The Board or its authorized representative may enforce the obligations of the Owners to pay such Assessments by commencement and maintenance of a suit at law or in equity, or the Board may exercise the power of foreclosure and sale pursuant to paragraph 8.3 to enforce the liens created hereby. A suit to recover a money judgment for an unpaid Assessment shall be maintainable without foreclosing or waiving the lien hereinafter provided. 8 2 Assessment Liens. 8.2.1 Creation. There is hereby created a claim of lien with power of sale on each and every Building Lot to secure payment of any and all Assessments levied against such Building Lot pursuant to this Declaration together with interest thereon at the maximum rate permitted by law and all costs of collection which may be paid or incurred by the Association making the Assessment in connection therewith, including reasonable attorneys' fees. All sums assessed in accordance with the provisions of this Declaration shall constitute a lien on such respective Building Lots upon recordation of a claim of lien with the Ada County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to the recordation of the notice of delinquency and claim of lien except for tax liens for real property taxes on any Building Lot and Assessments on any Building Lot in favor of any municipal or other governmental assessing body which, by law, would be superior thereto. 8.2.2 Claim of Lien. Upon default of any Owner in the payment of any Regular, Special or Limited Assessment issued hereunder, the Association may cause to be recorded in the office of the Ada County Recorder a claim of lien. The claim of lien shall state the amount of such delinquent sums and other authorized charges (including the cost of recording such notice), a sufficient description of the Building Lot(s) against which the same have been assessed, and the name of the record Owner thereof. Each delinquency shall constitute a separate basis for a notice and claim of lien, but any MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-22 • number of defaults may be included within a single notice and claim of lien. Upon payment to the Association of such delinquent sums and charges in connection therewith or other satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction of relief of such delinquent sums and charges. The Association may demand and receive the cost of preparing and recording such release before recording the same. 8.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action in court or by sale by the Association establishing the Assessment, its attorney or other person authorized to make the sale. Such sale shall be conducted in accordance with the provisions of the Idaho Code applicable to the exercise of powers of sale permitted by law. The Board is hereby authorized to appoint its attorney, any officer or director of the Association, or any title company authorized to do business in Idaho as trustee for the purpose of conducting such power of sale or foreclosure. 8.4 Reauired Notice. Notwithstanding anything contained in this Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of the notice of delinquency and claim of lien, whether judicially, by power of sale or otherwise, until the expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United States mail, certified or registered, postage prepaid, to the Owner of the Building Lot(s) described in such notice of delinquency and claim of lien, and to the person in possession of such Building Lot(s) and a copy thereof is recorded by the Association in the Office of the Ada County Recorder. 8.5 Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein in connection with a given Building Lot shall not be subordinate to the lien of any deed of trust or mortgage except the lien of a first deed of trust or first mortgage given and made in good faith and for value that is of record as an encumbrance against such Building Lot prior to the recordation of a claim of lien for the Assessments. Except as expressly provided in paragraph 8.6 with respect to a first mortgagee who acquires title to Building Lot, the sale or transfer of any Building Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Declaration. 8.6 Rights of Mortgagees. Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Declaration as amended. ARTICLE IX: INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS 9.1 Member's Right of Inspection. The membership register, books of account and minutes of meetings of the Board and committee of an Association shall be made available for inspection and copying by any Member of the Association or by such Member's duly appointed representatives, at any reasonable time and for a purpose reasonably related to such Member's MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-23 interest as a Member at the office of the Association or at such other place as the Board of such Association shall prescribe. No Member or any other person shall copy the membership register for the purposes of solicitation of or direct mailing to any Member of the Association. 9.2 Rules Regarding Inspection of Books and Records. The Board shall establish reasonable rules with respect to: 9.2.1 Notice to be given to the custodians of the records by the persons desiring to make the inspection. 9.2.2 Hours and days of the week when such an inspection may be made. 9.2.3 Payment of the cost of reproducing copies of documents requested pursuant to this Article IX. 9.3 Director's Rights of Inspection. Every director shall have the absolute right at any reasonable time to inspect ail books, records and documents of the Association, and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make extracts and copies of documents. ARTICLE X: ARCHITECTURAL COMMITTEE 10.1 Creation. Within thirty (30) days of the date on which the Grantor first conveys a Building Lot to an Owner, Grantor shall appoint three (3) individuals to serve on the Packard Architectural Committee ("Architectural Committee"). Each member shall hold office until such time as such member has resigned or has been removed, or such member's successor has been appointed, as provided herein. A member of the Architectural Committee need not be an Owner. Members of the Architectural Committee may be removed by the person or entity appointing them at any time without cause. 10.2 Grantor's Right of Appointment. At anytime, and from time to time, prior to ten (10) years after the recording date of this Declaration in which Grantor is the Owner of at least ten percent (10%) of the aggregate Building Lots, Grantor shall have the exclusive right to appoint and remove all members of the Architectural Committee. At all other times, the Association Board shall have the right to appoint and remove all members of the Architectural Committee. If a vacancy on the Architectural Committee occurs and a permanent replacement has not yet been appointed, Grantor or the Board, as the case may be, may appoint an acting member to serve for a specified temporary period not to exceed one (1) year. 10.3 Review of Proposed Construction. The Architectural Committee shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to this Declaration, and perform such other duties as from time to time shall be assigned to H by the Board, including the inspection of construction in progress to assure its conformance with plans approved by the Architectural Committee. The Board shall have the power to determine, by rule or other written designation consistent with this Declaration, which types of Improvements shall be submitted for Architectural Committee review and approval. The Architectural Committee shall have the power to hire an architect, licensed with the State of Idaho, to assist the MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-24 A ~ Architectural Committee in its review of proposals or plans and specifications submitted to the Architectural Committee. The Architectural Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the habitat of the Common Areas, or appearance of the surrounding area of the Property as a whole, that the appearance of any structure affected thereby will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof will not become a burden on the Association. 10.3.1 Conditions on Approval. The Architectural Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, and/or upon the agreement of the Applicant to reimburse an Association for the cost of maintenance, and may require submission of additional plans and specifications or other information before approving or disapproving material submitted. 10.3.2 Architectural Committee Rules and Fees. The Architectural Committee also may establish rules and/or guidelines setting forth procedures for and the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approvals or additional factors which it will take into consideration in reviewing submissions. The Architectural Committee shall determine the amount of such fee in a reasonable manner. Such fees shall be used to defray the costs and expenses of the Architectural Committee, including the cost and expense of hiring an architect licensed by the State of Idaho, as provided above, or for such other purposes as established by the Board, and such fee shall be refundable to the extent not expended for the purposes herein stated. If plans submitted are the same or substantially similar to plans previously approved by the Architectural Committee, fees may be reduced for such application approvals. Such rules and guidelines may establish, without limitation, specific rules and regulations regarding design and style elements, landscaping, and fences and other structures such - as animal enclosures as well as special architectural guidelines applicable to Building Lots located adjacent to public and/or private open space. 10.3.3 Detailed Plans. The Architectural Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, landscape plans, drainage plans, elevation drawings, and descriptions or samples of exterior material and colors. Until receipt of such details, the Architectural Committee may postpone review of any plan submitted for approval. 10.3.4 Architectural Committee Decisions. Decisions of the Architectural Committee and the reasons therefor shall be transmitted by the Architectural Committee to the Applicant at the address set forth in the application for approval within twenty (20) days after filing all materials required by the Architectural Committee. Any materials submitted pursuant to this Article X shall be deemed approved unless written disapproval by the Architectural or other written designation consistent with this Declaration, which types of Improvements shall be submitted for Architectural Committee review and approval. The Architectural Committee shall have the power to hire an architect, licensed with the State of Idaho, to assist the Architectural Committee in its review of proposals or plans and MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-25 • specifications submitted to the Architectural Committee. The Architectural Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the habitat of the Common Areas, or appearance of the surrounding area of the Property as a whole, that the appearance of any structure affected thereby will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof will not become a burden on the Association. 10.3.1 Conditions on Approval. The Architectural Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, and/or upon the agreement of the Applicant to reimburse an Association for the cost of maintenance, and may require submission of additional plans and specifications or other information before approving or disapproving material submitted. 10.3.2 Architectural Committee Rules and Fees. The Architectural Committee also may establish rules and/or guidelines setting forth procedures for and the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approvals or additional factors which it will take into consideration in reviewing submissions. The Architectural Committee shall determine the amount of such fee in a reasonable manner. Such fees shall be used to defray the costs and expenses of the Architectural Committee, including the cost and expense of hiring an architect licensed by the State of Idaho, as provided above, or for such other purposes as established by the Board, and such fee shall be refundable to the extent not expended for the purposes herein stated. If plans submitted are the same or substantially similar to plans previously approved by the Architectural Committee, fees may be reduced for such application approvals. Such rules and guidelines may establish, without limitation, specific rules and regulations regarding design and style elements, landscaping, and fences and other structures such as animal enclosures as well as special architectural guidelines applicable to Building Lots located adjacent to public and/or private open space. 10.3.3 Detailed Plans. The Architectural Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, landscape plans, drainage plans, elevation drawings, and descriptions or samples of exterior material and colors. Until receipt of such details, the Architectural Committee may postpone review of any plan submitted for approval. 10.3.4 Architectural Committee Decisions. Decisions of the Architectural Committee and the reasons therefor shall be transmitted by the Architectural Committee to the Applicant at the address set forth in the application for approval within twenty (20) days after filing all materials required by the Architectural Committee. Any materials submitted pursuant to this Article X shall be deemed approved unless written disapproval by the Architectural Committee shall have been mailed to the Applicant within twenty (20) days after the date of filing said materials with the Architectural Committee. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-25 • 10.4 Meetings of the Architectural Committee. The Architectural Committee shall meet from time to time as necessary to perform its duties hereunder. The Architectural Committee may from time to time by resolution unanimously adopted in writing, designate a Architectural Committee representative (who may, but need not be, one of its members) to take any action or perform any duties for and on behalf of the Architectural Committee, except the granting of variances pursuant to paragraph 10.9. In the absence of such designation, the vote of any two (2) members of the Architectural Committee, or the written consent of any two (2) members of the Architectural Committee taken without a meeting, shall constitute an act of the Architectural Committee. 10.5 No Waiver of Future Approvals. The approval of the Architectural Committee of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Architectural Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent. 10.6 Compensation of Members. The members of the Architectural Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder and except as otherwise agreed by the Board. 10.7 Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: 10.7.1 Upon the completion of any work for which approved plans are required under this Article X, the Owner shall give written notice of completion to the Architectural Committee. 10.7.2 Within -sixty (60) days thereafter, the Architectural Committee or its duly authorized representative may inspect such Improvement. If the Architectural Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such non-compliance within such sixty (60) day period, specifying the particular noncompliance, and shall require the Owner to remedy the same. 10.7.3 If upon the expiration of thirty (30) days from the date of such notification, or any longer time the Architectural Committee determines to be reasonable, the Owner shall have failed to remedy such noncompliance, the Architectural Committee shall notify the Board in writing of such failure. Upon notice and hearing, as provided in the Bylaws, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance exists, the Owner shall remedy or remove the same within a period of not more than forty-five (45) days from the date of the announcement of the Board ruling unless the Board specifies a longer time as reasonable. If the Owner does not comply with Board ruling within such period, the Board, at its option, may either remove the non-complying improvement or remedy the noncompliance, and the Owner shall reimburse the Association, upon demand, for all expenses incurred in connection therewith. If such MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-26 • expenses are not promptly repaid by the Owner to the Association, the Board shall levy a Limited Assessment against such Owner for reimbursement pursuant to this Declaration. 10.7.4 If for any reason the Architectural Committee fails to notify the Owner of any noncompliance with sixty (60) days after receipt of the written notice of completion from the Owner, the work shall be deemed to be in accordance with the approved plans. 10.8 Non-Liability of Architectural Committee Members. Neither the Architectural Committee nor any member thereof, nor its duly authorized Architectural Committee nor any member thereof, nor its duly authorized Architectural Committee representative, shall be liable to any Association, or to any Owner or Grantee for any loss, damage, or injury arising out of or in any way connected with the performance of the Architectural Committee's duties hereunder, unless due to the willful misconduct or bad faith of the Architectural Committee. The Architectural Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity and to the Property generally. The Architectural Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. 10.9 Variances. The Architectural Committee may authorize variances from compliance with any of the architectural provisions of this Declaration, including restrictions upon height, size, floor area, or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic, or environmental considerations may require. However no variances will be granted for construction of structures or Improvements, including without limitation manicured lawns, in the Common Areas. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Architectural Committee, and shall become effective upon recordation in the office of the county Recorder of Ada County. If such variances are granted, no violation of the covenants, conditions or restrictions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular Building Lot and particular provision hereof covered by the variance, nor shall it affect any way the Owner's obligation to comply with all governmental laws and regulations affecting such Owner's use of the Building Lot, including but not limited to zoning ordinances or requirements imposed by any governmental or municipal authority. ARTICLE XI: ANNEXATION OF ADDITIONAL PROPERTIES 11.1 By Grantor. Grantor intends to develop the property described on Exhibit A and other properties and may, in Grantor's sole discretion, deem it desirable to annex some or all of such properties to the Property covered by this Declaration. Tracts may be annexed to the Property and brought within the provisions of this Declaration as provided herein by Grantor, its successors or assigns, at any time, and from time to time, without the approval of any Owner or Association. The use and development of such Tracts shall conform to all applicable land use MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-27 regulations, as such regulations are modified by variances. 11.2 By Association. In addition to the provisions concerning annexations by Grantor specified in section 12.1 above, Tracts may be created, subject to the same conditions, by the Association upon the exercise by Members of at least two-thirds (%) of the votes of the Association. 11.3 Rights and Obligations of Owners of Annexed Tracts. Subject to the provisions hereof, upon the recording of a Supplemental Declaration as to any Tract all provisions contained in the Declaration shall apply to the Tract in the same manner as if it were originally covered by this Declaration, subject to such modifications, changes and deletions as are specifically provided in such Supplemental Declaration, such Tract shall be treated for all purposes as a Tract as defined above. The Owners of lots located in the Tracts shall become members of the Association and shall become liable for their appropriate share of Assessments. Title to the Common Areas which are to be owned and managed by the Association within said Tracts shall be conveyed to the Association, free and clear of any and all encumbrances and liens, subject to reservations, easements, covenants, conditions and restrictions then of record including those set forth in this Declaration or any Supplemental Declaration applicable to such Tracts. 11.4 Method of Annexation. The addition of a Tract to the Property authorized under sections 12.1 and 12.2 shall be made by filing of record a Supplemental Declaration or other similar instrument with respect to the Tract, which shall be executed by Grantor or the Owner thereof and which shall annex such property to the Property. Thereupon each Tract shall be part of the Property, shall be subject to this Declaration and encompassed within the general plan and scheme hereof as modified by such Supplemental Declaration, and shall be subject to the functions, powers, and jurisdiction of the Association established for the area encompassing such Tract. Such Supplemental Declaration or other appropriate document may contain such additions, modifications or deletions as may be deemed by Grantor or the Owner thereof desirable to reflect the different character, if any, of the Tract, or as Grantor or such Owner may deem appropriate in the development of the Tract. If any Tract is created, the Association shall have the authority to levy Assessments against the Owners located within such Tract, and the Association shall have the duty to maintain additional Common Area located within the Tract if so specified in any Supplemental Declaration. 11.5 De-annexation. Grantor may delete all or a portion of the property described on Exhibit A, including previously annexed Tracts, from the Property and from coverage of this Declaration and the jurisdiction of any Association so long as Grantor is the owner of all such Tracts and provided that a Supplemental Declaration of Deletion of Property is recorded in the Office of the Ada County Recorder in the same manner as a Supplemental Declaration of annexation. Members other than Grantor as described above, shall not be entitled to de-annex all or any portion of a Tract except on the favorable vote of seventy-five (75%) of all members of the Association and written approval of Grantor so long as Grantor owns any portion of the property described on Exhibit A. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-28 • ARTICLE XII: EASEMENTS 12.1 Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment as between each Building Lot and such portion or portions of the Common Area adjacent thereto or as between adjacent Building Lots due to the unwillful placement or settling or shifting of the sidewalks and driveways constructed, reconstructed or altered thereon in accordance with the terms of this Declaration. Easements of encroachment shall be valid only so long as they exist, and the rights and obligations of Owners shall not be altered in any way because of encroachments, settling or shifting of the Improvements; provided, however, that in no events shall a valid easement for encroachment occur due to the willful act or acts of an Owner. In the event a structure on any Building Lot is partially or totally destroyed, and then repaired or rebuilt, the owners of each Building Lot agree that minor encroachments over adjoining Building Lots that existed prior to the encroachment may be reconstructed pursuant to the easement granted by this paragraph 12.1 12.2 Easements of Access. All Owners of Building Lots will have a perpetual easement for access, ingress and egress over the Common Area, including but not limited to the private streets, cul-de-sacs and walkways. This easements shall run with the land. Such easements may be used by Grantor, and by all Owners, their guests, tenants and invitees, residing on or temporarily visiting the property, for pedestrian walkways, vehicular access and such other purposes reasonably necessary for the use and enjoyment of a building Lot of Common Area. 12 3 Drainaae and Utility Easements. Grantor expressly reserves for the benefit of all the Property reciprocal easements of access, ingress and egress for all Owners to and from their respective Building Lots for installation and repair of utility services, for drainage of water over, across and upon adjacent Building Lots, and Common Areas, resulting from the normal use of adjoining Building Lots or Common Areas, and for necessary maintenance and repair for any improvement including fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments, trees, and landscaping. Notwithstanding anything expressly or impliedly contained herein to the contrary, this Declaration shall be subject to all easements heretofore or hereafter grantor by Grantor for the installation and maintenance of utilities and drainage facilities that are required for the development of the property. In addition, Grantor hereby reserves for the benefit of any Association the right to grant additional easements and rights-of-way over the property and/or a tract, as appropriate, to the Property until close of escrow for the sale of the last Building lot in the property to a purchaser. 12 3 1 Improvement of Drainaae and Utility Easement Areas. The owners of Building Lots are hereby restricted and enjoined from constructing any Improvements upon any drainage or utility easement areas as shown on the Plat of Packard Subdivision or otherwise designated in any recorded document which would interfere with or prevent the easement from being used for such purpose; provided, however, that the Owner of such Building Lot and the Grantor, Association or designated entity with regard to the landscaping easement described in this article XII, shall be entitled to install and maintain landscaping on such easement areas, and also shall be entitled to build and maintain fencing on such easement areas subject to approval by the Association Architectural Committee, so long as the same would not interfere with or prevent the easement areas MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE-29 • severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 13.6.3 Singular Includes Plural. Unless the context requires a contrary construction, the singular shall include the plural and the plural singular, and the masculine, feminine, or neuter shall each include the masculine, feminine, and neuter. 13.6.4 Captions. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not affect that which is set forth in any of the provisions hereof. 13.7 Successors and Assigns. All references herein to Grantor, Owners, any Association, or person shall be construed to include all successors, assigns, partners, and authorized agents of such Grantor, Owners, Association, or person. IN WITNESS WHEREOF, the parties executed this Declaration as of the day and .year first above written. GRANTOR STATE OF IDAHO ) ss. COUNTY OF ADA ) Edmonds Construction, Inc. By: Wirt Edmonds, President Pacific Northwest Electric, Inc. Walter T. Sigmont, Jr., Secretary/Vice-President By: On September 29, 1997, before, the undersigned, a Notary Public in and for said State, personally appeared Wirt Edmonds and Walter T. Sigmont, Jr., known or identified to me to be the President and SecretaryNice-President, respectively, of Edmonds Construction, lnc. and Pacific Northwest Electric, Inc., and to be the persons who executed the instrument on behalf of said corporations, and acknowledged to me that said corporation executed the same. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 35 • ~ \.r GENERIC TRANSMITTAL SHEET 1A~ ~ 2 ~~s~ ~ of w~~ TO: ~~ C~rC~ ~-i'~ DATE: /- ~=1~ FROM: ~~/Ji~L~~~ i1~~~/ alo~~=~.~~,~~.~ COMPANY: ~ ~.~~~~1~,~~f,~ ~~a ° ~i,~'~F,1~i7~itr .~ ,> SUBJECT: ~~f~ = ` ~,5~~~/,~ic/~ ~„%~`-,~~~ CONTENTS: _`-~'~" i~~~~""~Jl~~'~liy~~T" COMMENTS: ~~`~ll~~ ~r~~ SIGNATURE: t • AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS FOR REC~~ED PACKARD PLANNED COMMUNITY ~ U N - 4 T~~S (WOLFGRAM SUBDIVISION) CITY OF AIEIIIDIAN THIS AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR Packard PLANNED COMMUNITY is made effective as of the day of January, 1993, by Packard Limited Partnership, an Idaho limited partnership ("Grantor' and "Class B Member") and the undersigned officers of Packard Homeowner's Association, Inc. ("Association"). RECITALS: A. Declarant is the owner of, or has interest in certain real property located in the County of Ada, State of Idaho, which property is known as the Packard Planned Community (Wolfgram Subdivision) and is legally described on Exhibit "A° attached hereto and made a part hereof (the "Property°); and B. On April 6, 1992, Declaranty caused to be recorded as Instrument No. 9221110, a certain Master Declaration of Covenants, Conditions and Restrictions ("Declaration") against the Property; and C. Pursuant to Article XIV of said Declaration, Declarant reserved the right to alter or amend the provisions of the Declaration; and D. Declarant and Association now desire to amend and restate said Declaration as set forth below and intends to convey or cause to be conveyed all or part of said property subject to certain covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth. NOW, THEREFORE, Declarant and Association hereby declare that upon the execution and recording of this Amended and Restated Declaration of Covenants, Conditions and Restrictions, all of the Property described herein shall, upon such recording be held, sold and conveyed subject to the easements, restrictions, covenants and conditions hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property. These easements, covenants, restrictions and conditions shall run with the real property as part of the general plan of development and shall be binding upon all parties having or acquiring any right, title or interest in the described properties or any part thereof, and shall insure to the benefit of each owner thereof, together with their grantees, successors, heirs, executors, • administrators, devices or assigns. Upon the recording hereof, the terms and provisions set forth in said Amended, and Restated Master Declaration of Covenants, Conditions and Restrictions recorded as Instrument No. 9221110 shall be superseded in their entirety by the terms hereof. Finally, the vote in favor of amending the Declaration as reflected in this Amended and Restated Master Declaration of Covenants, Conditions and Restrictions was greater than fifty percent (50%) of the votes in the Association. • • _. ^ EXHIBIT A: LEGAL DESCRIPTION OF PROPERTY EXHIBIT B: LEGAL DESCRIPTION OF Packard COMMON AREA EXHIBIT C: LEGAL DESCRIPTION OF Packard TRACTS ARTICLE I: RECITALS 1.1 Proper Covered. The property potentially subject to this Master Declaration of Covenants, Conditions and Restrictions for Packard Planned Community also known as the Wolfgram Subdivision ("Master Declaration") is the real property legally described in Exhibit A attached hereto and made a part hereof. Once a portion of the real property described on Exhibit A is brought within the jurisdiction hereof, it shall be the "Property". Grantor intends to develop the Property in stages, which initial stage, Amended Wolfgram Subdivision No. 1, is more fully described in Exhibit C to this Master Declaration. In order to faalitate the staged development contemplated herein, Grantor may record, at its sole discretion, Supplemental Declarations which subject a portion of the Property to this Association or that modify this Master Declaration. Each development stage shall constitute a Tract, as defined herein. As a Tract of the Property is approved by the City and county, the filing of Supplemental Declaration by the Grantor to include such Tract in this Master Dedaration makes such Tract subject to this Master Declaration. The property described on Exhibit C is a Tract. 1.2 Residential Development. Packard Planned Community also known as Wolfgram Subdivision is a residential development, which Grantor currently intends to develop in accordance with existing development, which Grantor currently intends to develop in accordance with existing development approvals obtained by Boise city and Ada County described as follows: Boise City, CS 9-90, Ada County, 90-52 PDR and 90-15- ZC, or any other development plan(s) for which Grantor may from time to time obtain approval. Certain portions of the Property may be developed for detached single-family residential homes. The Property may contain parcels of Packard Common Area, including streams or water amenities, public and/or private open space, park areas, landscaping, recreational facilities, private lighting, private or public streets, drives, and other amenities and facilities. Any development plans or schemes for the Property in existence prior to or following the effective date of this Master Declaration are subject to change at any time by Grantor, at Grantor's sole discretion, and impose no obligation on Grantor as to how the Property is to be developed or improved. Owners acknowledge that the Building Lots in all Tracts are subject to the above referenced city and county approvals and any other governmental approvals obtained from time to time. Owners acknowledge that they are familiar with such approvals constructively or otherwise. 1.3 Purpose of Master Declaration. The purpose of this Master Declaration is to set forth the basic restrictions, covenants, limitations, easements, conditions and equitable servitudes (collectively "Restrictions°) that apply to a Tract. The Restrictions are designed to preserve the Property's value, desirability and attractiveness, to ensure a will integrated, high-quality development, and to guarantee adequate maintenance of the Packard Common Area, and the Improvements located thereon in a cost effective and administratively efficient manner. ARTICLE II: DECLARATION ~ ~ Grantor hereby declares that those portions of the Property brought within the jurisdiction hereof as provided herein, and each lot, parcel or portion thereof, is and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms, covenants, conditions, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants, conditions, easements and restrictions set forth herein: shall run with the land constituting the Property, and with each estate therein, and shall be binding upon alt persons having or acquiring any right, title or interest in the Property or any lot, parcel or portion thereof; shall insure tot he benefit of every lot, parcel or portion of the Property and any interest therein; and shall insure to the benefit of and be binding upon Grantor, Grantor's successors in interest and each grantee or Owner and such grantee's or Owner's respective successors in interest, and may be enforced by Grantor, by any Owner or such Owner's successors in interest, or by the Association as hereinafter described. Notwithstanding the foregoing, no provision of this Master Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities (temporary or otherwise) on any portion of the Property, including the Packard Common Area or any public right-of--way, nor Grantor's right to post signs incidental to construction, sales or leasing, nor Grantor's right to modify plans for the Property. ARTICLE III: DEFINITIONS 3.1 "Architectural Committee" shall mean the committee created by the Grantor or an Association pursuant to Article X hereof. 3.2 "Articles" shall mean the Articles of Incorporation of an Association or other organizational or charter documents of an Association. 3.3 "Assessments" shall mean those payments required of Owners, Association Members, including Regular, Special and Limited Assessments of any Association as further defined in this Master Declaration. 3.4 "Association" shall mean the Idaho profit or non-profit corporation, its successors and assigns, established by Grantor to exercise the powers and to carry out the duties set forth in this Master Declaration or any Supplemental Declaration. Grantor shall have the power, in its discretion, to name the Association the "Packard Homeowner's Association, Inc.", or any similar name which fairly reflects its purpose. 3.5 "Association Rules" shall mean those rules and regulations promulgated by an Association governing conduct upon and use of the Property under the jurisdiction or control of an Association, the imposition of fines and forfeitures for violation of Association Rules and regulations, an procedural matters for use in the conduct of business of an Association. 3.6 "B~ rd" shall mean the Board of Din~ctors or other governing board or individual if applicable, of an Association. 3.7 "Building Lot" shall mean one or more lots within a Tract as specified or shown on any Plat and/or by Supplemental Declaration, upon with Improvements may be constructed. 3.8 "Bylaws" shall mean the Bylaws of an Association. 3.9 "Declaration" shall mean this Master Declaration as it may be amended from time to time. 3.10 "Design Guidelines" shall mean the construction guidelines approved by the Architectural Committee. 3.11 r n or" shall mean Packard Limited Partnership, an Idaho limited partnership, its successor in interest, or affiliate of the Grantor, or any person or entity to whom the rights under this Declaration are expressly transferred by Packard Limited Partnership or its successor. An "affiliate" shall mean any entity with some form of common ownership interest with the Grantor or Partners of the Grantor. 3.12 "Imarovement" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property, including but not limited to buildings, fences, streets, drives, driveways, sidewalks, bicycle paths, curbs, landscaping, signs, lights, mail boxes, electrical lines, pipes, purrs, ditches, watennrays, recreational facilities, and fixtures of any kind whatsoever. 3.13 "Landscape Easement" shall mean any portion of a Building Lot located within the 10 foot wide landscape easement adjacent to Riverside Drive and a 20 foot wide landscape easement adjacent to North Lakeshore Avenue as designated on the Plat or in a Supplemental Declaration. This Landscape Easement is in addition to the general landscape easement described in Sections 5.5.2.3 and 12.7 of this Master Declaration. 3.14 "Limited Assessment" shall mean a charge against a particular Owner and such Owner's Building Lot, directly attributable to the Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the provisions of this Master Declaration or any Supplemental Declaration, including interest thereon as provided in this Master Declaration or a Supplemental Declaration. 3.15 "Packard Common Area" shall mean all real property, including the Recreation Center, in which the Association holds and interest or which is held or maintained, permanently or temporarily, for the common use, enjoyment and benefit of the entire Packard Planned Community and each Owner therein, which includes the real property legally described in Exhibit B attached hereto and made a part hereof and shall include, without limitation, all such parcels that are designated as private streets or drives, common open spaces, common landscaped areas, and waterways. Packard Common Area may be established from time to time by Grantor on any portion of the Property by describing it on a plat, by granting or reserving it in a deed or other instrument, or by designating it pursuant to this Master Declaration or any Supplemental Declaration. Packard Common Area may include easement and/or license rights. 3.16 "Packard Planned Community" shall mean the Property (which is also known as Wolfgram Subdivision). 3.17 "Member" shall mean each person or entity holding a membership in the Association. Where specific reference or the context so indicates, it shall also mean persons or entities holding membership. 3.18 " eri' shall mean the person or other legal entity, including Grantor, holding fee simple interest of record to a Building Lot which is a part of the Property, and sellers under executory contracts of sale, but excluding those having such interest merely as security for the performance of an obligation. 3.19 "Person shall mean any individual, partnership, corporation or other legal entity. 3.20 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded at the office of the County Recorder, Ada. County, Idaho, as the same may be amended by duly recorded amendments thereof. 3.21 "Pro e ° shall mean those portions of the Property described on Exhibit A attached hereto and incorporated herein by this reference, including each lot, parcel an portion thereof and interest therein, including all water rights associated with or appurtenant to such property, which are brought within the jurisdiction hereof by Supplemental Declaration. With the exception of the property described on Exhibit C attached hereto, no portion of the property described on Exhibit A or any other real property shall be subject to the terms, covenants, conditions, easements and restrictions of this Master Document until a Supplemental Declaration describing the portion of real property (the "Tract") is executed by the owner of such Tract and recorded. The property included in Exhibit C is subject to this Master Declaration upon the recording of this Master Declaration and without the filing of a Supplemental Declaration. The Property also may include, at Grantor's sole discretion, such additional property in addition to that described on Exhibit A, as may be annexed by means of supplemental Declaration as provided herein. Grantor, at its sole discretion may or may not include all portions of the property described on Exhibit A as part of the Property subject to this Master Declaration. Additionally, Grantor, at its sole election, may withdraw an Tract of which Grantor is the • sole Owner previously included within the provisions hereof upon recordation of a written declaration of deannexation. 3.22 "Recreation Center" the real property and improvements thereon for the use and enjoyment of Members for recreational activities included within the definition of Packard Common Area. 3.23 "Regular Assessment' shall mean the portion of the cost of maintaining, improving, repairing, managing and operating the Packard Common Areas and all Improvements located thereon, and the other costs of an Association which is to be levied against the Property of and paid by each Owner to the Association, pursuant to the terms of this Master Declaration or a Supplemental Declaration. 3.24 "Riparian Easement Area" shall mean any portion of a Building Lot located within 15 feet of the land area designated as "Riparian Maintenance Easement" on the Plat or in a Supplemental Declaration. 3.25 "Special Assessment" shall mean the portion of the costs of the capital improvements or replacements, equipment purchases and replacements or shortages in Regular Assessments which are authorized and to be paid by each Owner to the Association, pursuant to the provisions of this Master Declaration or a Supplemental Declaration. 3.26 "Supplemental Declaration" shall mean any Supplemental Declaration including additional covenants, conditions and restrictions that might be adopted with respect to any portion of the Property. 3.27 "Tract" shall mean a defined portion of the Property within which the contemplated development involves a common use or compatible uses, and which may have been designated as a Tract by this Master Declaration or a recorded Supplemental Declaration. Each Tract shall contain one or more Building Lots, and may be managed to the extent permitted herein: 3.28 "Waterway" shall mean any surface water amenity, including, without limitation, any lake, pond, channel, slough, stream, or reservoir, natural or artificial, which is located on the Property and which is included within or managed as Packard Common Area. ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS 4.1 ~ctures - General. All structures are to be designed, constructed and used in such a manner as to promote compatibility between the types of use contemplated by this Master Declaration. 4.1.1 Use. Size and Height of Dwelling Structure. All Building Lots shall be used exclusively for single-family residential purposes. No Building Lot shall be • improved except with asingle-family dwelling unit or structure. No business or home occupation shall be conducted from said dwelling unit or structure. 4.1.2 Architectural Committee Review. No Improvements which will be visible above ground or which will ultimately affect the visibility of any above ground Improvement shall be built, erected, placed or materially altered on or removed from the Property unless and until the building plans, specifications, and plot plan or other appropriate plans and specifications have been reviewed in advance by-the Architectural Committee and the same have been approved in writing. The review and approval or disapproval may be based upon the following factors: size, height, design and style elements, mass and form, topography, setbacks, finished ground elevations, architectural symmetry, drainage, color, materials, including mandatory wood shake roofing material, physical or aesthetic impacts on other properties, including Packard Common Areas, artistic conformity to the terrain and the other Improvements on the Property, and any and all other factors which the Architectural Committee, in its reasonable discretion, deem relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the Improvements. This Master Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout or design of residential structures except to the extent incidentally necessitated by use, size and height restrictions. 4.1.3 Setbacks and Height. No residential or other structure (exclusive of fences and similar structures) shall be placed nearer to the Building Lot lines or built higher than permitted by the Plat for the Tract in which the Building Lot is located, by any applicable zoning restriction, by any conditional use permit, or by a building envelope designated either by Grantor or the applicable Architectural Committee whichever is more restrictive. 4.1.4 Accessory Structures. Detached garages shall be allowed if in conformity with the provisions of this Master Declaration, and as approved by the applicable Architectural Committee: No detached storage sheds shall be allowed on any Building Lot. Garages, storage sheds attached to the residential structure, patio covers, and detached patio covers, shall be constructed of, and roofed with, the same materials, and with similar colors and design, as the residential structure on the applicable Building Lot. No playhouses, playground equipment, pools, pool slides, diving boards, hot buts, spas, or similar items shall extend higher than five (5) feet above the finished graded surFace of the Building Lot upon which such item(s) are located. Basketball courts, tennis courts or backboards shall be allowed in the back yard of any Building Lot, provided that such courts or backboards are approved by the Architectural Committee and are not visible from any street, and do not promote noise or other nuisance that is offensive or detrimental to other property in the vicinity of the Building Lot or offensive or detrimental to the occupants of such other property. 4.1.5 Driveways. All access driveways shall have a wearing surface approved by the Architectural Committee of asphalt, concrete, or other hard surface materials, and shall be properly graded to assure proper drainage. No driveway shall be wider than the garage to which said driveway leads unless approved by the Architectural Committee. 4.1.6 Buoys. Docks and Piers. No buoy, pier, dock, jetty, bridges or similar structures shall be placed or extended into any Waterway or Riparian Easement. 4.1.7 Mailboxes. All replacement mailboxes and stands will be of consistent design, material and coloration and shall be located on or adjoining Building Lot lines at places designated by Grantor or the Architectural Committee. 4.1.8 Fencing. Fence designs shall not extend into any Riparian Easement Area, waterway or common green space within the subdivision. All fencing and boundary walls constructed on any Building Lot shall be of compatible style and material to that other fencing constructed adjacent to or abutting Packard Common Areas, public and private streets, and shall otherwise be as approved by the Architectural Committee. 4.1.9 i htin .Exterior lighting, including flood lighting, shall be part of the architectural concept of the Improvements on a Building Lot. Fixtures, standards and all exposed accessories shall be harmonious with building design, and shall be as approved by the applicable Architectural Committee. Lighting shall be restrained in design, and excessive brightness shall be avoided. Private lighting for the Property shall be the responsibility of the Association per Article 5. 4.2 Antennae. No exterior radio antenna, television antenna or other antenna of any type shall be erected or maintained on the Property unless it is approved by the Architectural Committee and located or screened in a manner acceptable to said Architectural Committee. No satellite dishes shall be allowed on the Property. 4.3 Insurance Rates. Nothing shall be done or kept on any Building Lot which will increase the rate of insurance on any other portion of the Property without the approval of the Owner of such other portion, nor shall anything be done or kept on the Property or a Building Lot which would result in the cancellation of insurance on any property owned or managed by any such Association or which would be in violation of any law. 4.4 No Further Subdivision. No Building Lot may be further subdivided, nor may any easement or other interest therein, unless such subdivision complies with all applicable laws. 4.5 Signs. No sign of any kind shall be displayed to the public view without the approval of the applicable Architectural Committee or Association, except: (1) such signs as may be used by Grantor in connection with the development of the Property and sale ~ ~ of Building Lots; (2) temporary signs naming the contractors, the architect, and the lending institution for particular construction operation; (3) such signs identifying Packard Planned Community, or informational signs, of customary and reasonable dimensions as prescribed by the Architectural Committee may be displayed on or from the Packard Common Area; and (4) one (1) sign of customary and reasonable dimensions not to exceed three (3) feet by two (2) feet as may be displayed by an Owner other than Grantor on or from a Building Lot advertising the residence for sale, or lease. All sign age including sign age for the exceptions listed as (1)-(4) must be done in accordance with the Packard Planned Community sign age forrrrat. Without limiting the foregoing, no sign shall be placed int he Packard Common Area without the written approval of the applicable Architectural Committee or the Association. 4.6 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate anywhere upon the Properly, including Packard Common Area or vacant Building Lots, and no odor shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to the Property or to its occupants, or to any other property int he vicinity thereof or to its occupants. No noise or other nuisance, as described in Title 8, Chapter 8, of the Boise City Code, as amended from time to time, shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to the Property or to its occupants or to other property int he vicinity or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes which have been approved by the Association), flashing lights or search lights, shall be located, used or placed on the Property without the prior written approval of the Association. 4.7 Exterior Maintenance: Owner's Obligations. No Improvement shall be permitted to fall into disrepair, and each Improvement shall at all times be kept in good condition and repair. In the event that any Owner shall permit any Improvement, including trees and landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, or damages property of facilities on or adjoining their Building Lot which would otherwise be the Association's responsibility to maintain, the Board of the Association, upon fifteen (15) days prior written notice to the Owner of such property, shall have the right to correct such condition, and to enter upon such Owner's Building Lot for the purpose of doing so, and such Owner shall promptly reimburse the Association, as the case may be, for the cost thereof. Such cost shall be a limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth in Article VI11 of this Master Declaration. The Owner of the ofFending property shall be personally liable, and such Owner's property may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective acts, plus all costs incurred in collecting the amounts due. Each Owner shall pay all amounts due for such work within ten (10) days after receipt of written demand therefore, or the amounts' may, at the option of the Board, be added to the amounts payable by such Owner as Regular Assessments. Each Owner shall have the remedial ~ ~ rights set forth herein if the applicable Associations fail to exercise their rights within a reasonable time following written notice by such Owner. 4.8 Dr ina .There shall be no interference with the established drainage pattern over any portion of the Property, unless an adequate alternative provision is made for proper drainage and is first approved in writing by the applicable Architectural Committee. For the purposes hereof, "established" drainage is defined as the system of drainage, whether natural or othennrise, which exists at the time the overall grading of any portion of the Property is completed by Grantor, or that drainage which is shown on any plans approved by the Architectural Committee, which may include drainage from Packard Common Area over any Building Lot in the Property. 4.9 Grading. The Owner of any Building Lot within the Property in which grading or other work has been performed pursuant to a grading plan approved under applicable provisions of Boise City Code, Ada County Code, or by the Association, shall maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures, means or devices which are not the responsibility of the Ada County Highway District, the Association, or other public agency, and plantings and ground cover installed or completed thereon. Such requirements shall be subject to Regular, Special, and Limited Assessments provided in Article VII herein, as may be applicable. 4.10 Water Supply Systems. No separate or individual water supply system, regardless of the proposed use of the water to be delivered by such system, shall be permitted on any Building Lot unless such system is designed, located, constructed and equipped in accordance with the requirements, standards and recommendations of the Board of the Association and all governmental authorities having jurisdiction. Grantor or affiliates of Grantor may use the water supply as deemed necessary for temporary or other irrigation purposes. 4.11 No Hazardous Activities. No activities shall be conducted on the Property, and Improvements constructed on any property which are or might be unsafe or hazardous to any person or property. .4.12 Unsightly Articles. No unsightly articles shall be permitted to remain on any Building Lot so as to be visible from any other portion of the Property. Without limiting the generality of the foregoing, refuse, garbage and trash shall be kept at all times in such containers and in arras approved by the applicable Architectural Committee. No clothing or fabrics shall be hung, dried or aired in such a way as to be visible to other property, and no equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, plant waste, metals, bulk material, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any Building Lot except within an enclosed structure or as appropriately screened from view. No vacant residential structures shall be used for the storage of building materials. 4.13 No Temporary Structures. No house trailer, mobile home, tent (other than for short term individual use which shall not exceed one month unless approved by the Association), shack or other temporary building, improvement or structure shall be placed upon any portion of the Property, except temporarily as may be required by construction activity undertaken on the Property. Also excepted from this requirement is any sales office established for the Property. 4.14 No Unscreened Boats. Campers and Other Vehicles. No boats, trailers, campers, all-terrain vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or unrepaired and unsightly vehicles or similar equipment shall be placed upon any portion of the Property (including, without limitation, streets, parking areas and driveways) unless the same are enclosed by a structure concealing them from view in a manner approved by the Architectural Committee. To the extent possible, garage doors shall remain closed at all times. 4.15 Sewage Disposal Systems. No individual sewage disposal system shall be used on the Property. Each Owner shall connect the appropriate facilities on such Owner's Building Lot to the Boise City Sewer System and pay all charges assessed therefor. 4.16 No Mining or Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons, minerals, rocks, stones, sand, gravel or earth. This paragraph 4.16 shall not prohibit exploratory drilling or coring which is necessary to construct a residential structure or Improvements. 4.17 Energy Devices. Outside. No energy production devices, including but not limited to generators of any kind and solar energy devices, shall be constructed or maintained on any portion of the Property without the written approval of the applicable Architectural Committee, except for heat pumps shown in the plans approved by the Architectural Committee. This paragraph 4.17 shall not apply to passive solar energy systems incorporated into the approved design of a residential structure. 4.18 Vehicles. The use of all vehicles, including but not limited to .trucks, automobiles, bicycles, motorcycles, snowmobiles, aircraft and boats, shall be subject to all Association Rules, which may prohibit or limit the use thereof within Packard Planned Cormnunity. No on-street parking shall be permitted except where expressly designated for parking use. No parking bays shall be permitted in any side, front or backyard. Vehicles parked on a driveway shall not extend into any sidewalk or bike path or pedestrian path. No motorized vehicle or device shall be permitted on any Waterway unless such vehicle is engaged in an emergency procedure. 4.19 Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be kept on the Property unless the presence of such creatures does not constitute a nuisance. The paragraph 4.19 does not apply to the keeping of up to two (2) domesticated dogs, up to two (2) domesticated cats, and other household pets which do not • unreasonably bother or constitute a nuisance to others. Without limiting the generality of the foregoing, consistent and/or chronic barking by dogs shall be considered a nuisance. Each dog in Packard Planned Community shall be kept on a leash, curbed, and otherwise controlled at all times when such animal is off the premises of its owner. Such owner shall clean up any animal defecation immediately from the Packard Common Area or public right-of--way. Failure to do so may result, at the Board's discretion, with a Limited Assessment levied against such animal owner. No dog or cat shall be allowed in any Waterway. The construction of dog runs or other pet enclosures shall be subject to applicable Architectural Committee approval, shall be appropriately screened, and shall be maintained in a sanitary condition. Dog runs or other pet enclosures shall be placed a minimum of ten (10) feet from the side and twenty-five (25) feet from the rear Building Lot line, shall not be placed in any front yard of a Building Lot, and shall be screened from view so as not to be visible from Packard Common Area or an adjacent Building Lot. 4.20 Landscaping. The Owner of any Building Lot shall sod and landscape such Building Lot in conformance with the landscape plan approved by the Association, and as approved by the Architectural Committee. All landscaping shall be planted within thirty (30) days after said dwelling structure is completed, weather permitting. But if Grantor or an affiliate of Grantor construct the dwelling structure, only the front yard of the Building Lot is required to be landscaped within 30 days of substantial completion of the dwelling structure. The Owner is then responsible for completing the balance of the Building Lot landscaping within ninety (90) days after the Building Lot is conveyed to the first Owner of the Building Lot. Additionally, Grantor may grant extensions of the landscaping deadlines to any party for up to ninety (90) days. Prior to construction of Improvements, the Owner (or any Association to which such responsibility has been assigned) shall provide adequate irrigation and maintenance of existing trees and landscaping, shall control weeds, and maintain the Owner's (or Association's) property in a clean and safe condition free of debris or any hazardous condition. Grantor, an affiliate of Grantor or any other contractor of Owner's Building Lot shall be responsible for installing temporary fencng in front of any riparian area to protect such riparian area during the construction. Grantor, an affiliate of Grantor or any contractor agree that upon completion of the construction of the Building Lot such riparian area shall be returned to Owner in a condition equal to or better than the condition the riparian area was in prior to any construction. All trees located on common Building Lot lines shall be the joint responsibility of the adjoining Building Lot owners. All landscaped Packard Common Areas other than riparian vegetation shall be irrigated by an underground sprinkler system. The 15 foot Riparian Easement Area, as more specifically defined in Section 3.24 of this Master Declaration and as noted on the Plat, shall be marked by plantings in a manner to make adjacent Owners aware of those areas which shall remain in riparian vegetation. Under no circumstances shall anything but riparian vegetation be permitted within the last 10 feet of the 15 foot Riparian Easement Areas. Each building Lot Owner shall be obligated to maintain Riparian Easement Areas and for watering riparian vegetation located on such Owner's Building Lot(s). Additionally; the Association, at its sole discretion, may elect to maintain the Riparian Easement Areas. i ~ Several Building Lots have been or will be designated in the landscape plan, as approved by the Association, as including aman-made waterway in the back yard of Building Lots. Because such man-made waterway may be lined in some areas, any changes to such waterway will require approval of the Architectural Committee. Under no circumstances shall changes to or diversions from such waterway reduce the flow of water in such waterway. Under no circumstances shall fertilizers, pesticides, herbicides or other chemicals be placed in, or allowed to flow into such waterway. The Board and/or Architectural Committee may adopt rules regulating landscaping permitted and required and the waterways. In the event that any Owner shall fail to install and maintain landscaping in conformance with such rules or shall such Owner's landscaping to deteriorate to a dangerous, unsafe, unsightly or unattractive condition or shall reduce the flow of any waterway, the Board, upon fifteen (15) days' prior written notice to such Owner, shall have the right to correct such condition and to enter upon such Owner's property for the purpose of doing g so, and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as other Assessments as set forth in Article VII. Following commencement of any construction of any Improvement, construction shall be diligently pursued and completed as soon as reasonably practical. All landscaping on a Building Lot, unless otherwise specified by the applicable Architectural Committee, shall be completed as soon as reasonably practical following completion of the residential structure on such Building Lot. 4.21 Exemption of Grantor. Nothing contained herein shall limit the right of Grantor to subdivide or resubdivide any portion of the Property, to grant licenses, to reserve rights- of-way and easements with respect to Packard Common Area to utility companies, public agencies or others, or to complete excavation, grading and construction of Improvements to and on any portion of the Property owned by Grantor, or to alter the foregoing and its construction plans and designs, or to construct such additional Improvements as Grantor deems advisable in the course of development of the Property so long as any Building Lot in the Property remains unsold. Such right shall include, but shall not be limited to, erecting, constructing and maintaining on the Property such structures and displays as may be reasonably necessary for the conduct of Grantor's business of completing the work and disposing of the same by sales lease or otherwise. Grantor shall have the right at any time prior to acquisition of title to a Building Lot by a purchaser from Grantor to grant, establish and/or reserve on that Building Lot, additional licenses, reservations and rights- of way to Grantor, to utility companies, or to others as may from time to time be reasonably necessary to the proper development and disposal of the Property. Grantor may use any structures owned by Grantor on the Property as model home complexes or real estate sales or leasing offices. Grantor need not seek or obtain Architectural Committee approval of any Improvement constructed or placed by Grantor or an affiliate of Grantor on any portion of the Property owned by Grantor or an affiliate of Grantor. The rights of Grantor hereunder may be assigned by Grantor to any successor in interest in connection with • Grantor's interest in any portion of the Property, by an express written assignment recorded in the Office of the Ada County Recorder. 4.22 Conveyances to and from Municipalities. The Board shall have the power to convey any Packard Common Area in Packard to the City of Boise, the County of Ada, the State of Idaho, the United States of America or any political subdivision thereof. The Board shall also have the power to receive a conveyance of any property interest from the above-referenced entities or any other individual or entity and to hold such property interest as Packard Common Area. 4.23 Water Rights Appurtenant to Subdivision Lands. Within 120 days of the date of the recording of this Master Declaration, Grantor shall transfer from the Property subject to this Master Declaration, and within the boundaries of an irrigation entity, as defined in said Section 31-3805, Idaho Code, all water rights and assessment obligations appurtenant to the Property to the Association. 4.24 Commencement o Construction. Any owner of a Building Lot shall, within a period of one (1) year following the date of purchase of a Building Lot from Grantor, commence the construction of a dwelling structure in compliance with the restrictions herein, and such construction shall be completed within nine (9) months thereafter. The term "Commence the construction" as used in this paragraph 4.24, shall require actual physical construction activities upon such dwelling structure upon such Building Lot. In the event such Owner shall fail or refuse to commence the construction of a dwelling structure within said one (1) year period, Grantor may, at Grantor's option, following the expiration of said one (1) year period, repurchase said Building Lot from such Owner or the then Owner of such Building Lot at a repurchase price equivalent to the money actually paid to Grantor, less any amount equivalent to ten (10) percent thereof. In the event Grantor shall exercise Grantor's option to repurchase such Building Lot, upon tender of said repurchase price, Owner or the then Owner of such Building Lost shalt make, execute and deliver to Grantor a deed reconveying said Building Lot, free and clear of all liens, which deed shall be binding upon all persons who may, at any time hereafter, own or claim any right, title, or interest in such Building Lot, and the successors in title thereto, whether acquired by voluntary act or through operation of law. ARTICLE V: Packard HOMEOWNERS' ASSOCIATION 5.1 Organization of Packard Homeowners' Association. Packard Homeowners' Association, Inc. ("Association") shall be initially organized by Grantor as an Idaho non- profit corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with he powers prescribed by law and set forth in the Articles, Bylaws and this Master Declaration. Neither the Artides nor the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this master Declaration or withy any Supplemental Declaration which Grantor might adopt pertaining to Packard Planned Community. 5.2 Membershjp. Each Owner, by virtue of being 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. Memberships in the Association, shall be appurtenant to the Tract, Building Lot or other portion of the Property owned by such Owner. The memberships in the Association shall not be transferred, pledged, assigned or alienated in any way except upon the transfer of Owner's title and then only to the transferee of such title. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 5.3 Voting. Voting in the Association shall be carried out by Members who shall cast the votes attributable to the Building Lots which they own, or attributable to the Building Lots owned by Grantor. The number of votes any Member may cast on any issue is determined by the number of Building Lots which the Member, including Grantor, owns. When more than one person holds an interest in any Building Lot, all such persons shall be Members but shall share the votes attributable to the Building Lot. For voting purposes, the Association shall have two (2) classes of Members as described below. 5.3.1 Class A Members. Owners other than Grantor shall be known as Class A Members. Each Class Member shall be entitled to cast one (1) vote for each Building Lot owned by such Class A Member on the day of the vote. 5.3.2 Class 6 Members. The Grantor shall be known as the Class B Member, and shall be entitled to ten (10) votes for each Building Lot of which Grantor is the Owner. The Class B Member shall cease to be a voting Member in the Association when the total cumulative votes of the Class A Members equal or exceed the total votes of the Class B Members provided that the Class B membership shall not cease before the expiration of ten (10) years from the date on which the first Building Lot is sold to an Owner. Fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that such Owner was acting with authority and consent of all joint Owners of the Building Lot(s) from which the vote derived. The right to vote may not be severed or separated from the ownership of the Building Lot to which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's right to vote to a lessee, mortgagee, beneficiary or contract purchaser of the Building Lot conoemed, for the term of the lease, mortgage, deed of trust or contract. Any sale, transfer or conveyance of such Building Lot to a new Owner shall operate automatically to transfer the appurtenant voting right to the Owner, subject to any assignment of the right to vote to a lessee, mortgagee, or beneficiary as provided herein. 5.4 Board of Directors and Officers. The affairs of the Association shall be conducted and managed by a Board of Directors ("Board") and such officers as the Board may elect or appoint, in accordance with the Articles and Bylaws, as the same may be • amended from time to time. The Board of the Association shall be elected in accordance with the provisions set forth in the Association Bylaws. 5.5 Power and Duties of the Association. 5.5.1 Powers. The Association shall have all the powers of a corporation organized under the general corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set' forth in the Articles, the Bylaws, and this Master Declaration. The Association shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under Idaho law and under this Master Declaration, and the Articles and Bylaws, and to do and perform any and all acts which may be necessary to, proper for, or incidental to the proper management and operation of the Packard Common Area and the Master Declaration's other assets, including water rights when and if received from Grantor, and affairs and the performance of the other responsibilities herein assigned, including without limitation: 5.5.1.1 Assessments. The power to levy Assessments on any Owner or any portion of the Property and to force payment of such Assessments, all in accordance with the provisions of this Master Declaration. 5.5.1.2 Right of Enforcement. The power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner who consents thereto, to commence and maintain actions and suites to restrain and enjoin any breach or threatened breach of this Master Declaration or the Article or the Bylaws, including the Association Rules adopted pursuant to this Master Declaration, and to enforce by injunction or otherwise, all provisions hereof. 5.5.1.3 Delegation of Powers. The authority to delegate its power and duties to committees, officers, employees, or to any person, firm or corporation to act as manager, and to contract for the maintenance, repair, replacement and operation of the Packard Common Area. Neither the Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. 5.5.1.4 Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules and regulations as the Association deems reasonable. The Association may govern the use of the Packard Common Areas, including but not limited to the use of private streets and the Waterways by the Owners, their families, invitees, licensees, lessees or contract purchasers; provided, • • however, that any Association Rules shall apply equally to all Owners and shall not be inconsistent with this Master Declaration, the Articles or Bylaws. A copy of the Association Rules as they may from time to time be adopted, amended or repealed, shall be mailed or othervvise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if they were set forth in and were a part of this Master Declaration. In the event of any conflict between such Association Rules and any other provisions of this Master Declaration, or the Articles or Bylaws, the provisions of the Association Rules shall be deemed to be superseded by provisions of this Master Declaration, the Articles or the Bylaws to the extent of any such inconsistency. 5.5.1.5 Emerge~y Powers. The power, exercised by the Association or by any person authorized by it, to enter upon any property (but not inside any building constructed thereon) in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which the Association is responsible. Such entry shall be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Association. 5.5.1.6 Licenses Easements and Rights-of Wav_. The power to grant and convey to any third party such licenses, easements and rights-of- way in, on or under the Packard Common Area as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Packard Common Area, and for the preservation of the health, safety, convenience and the welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: 5.5.1.6.1 Underground lines, cables, wires, conduits or other devices for the transmission of electricity or electronic signals- for lighting, heating, power, telephone, television or other purposes, and the above ground lighting stanchions, meters, and other facilities associated with the provisions of lighting and services; and 5.5.1.6.2 Public sewers, storm drains, water drains and pipes, water supply systems, sprinkling systems, heating and gas lines or pipes, and any similar public or quasi-public improvements or facilities. 5.5.1.6.3 Mailboxes and sidewalk abutments around such mailboxes or any service facility, berm, fencing and landscaping abutting common areas, public and private streets or land conveyed for any • • public or quasi-public purpose including, but not limited to, bicycle pathways. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty-one (21) years after the death of the issue of the individuals executing this Master Declaration on behalf of Grantor who are being as of the date hereof. 5.5.2 D ies. In addition to duties necessary and proper to carry out the power delegated to the Association by this Master Declaration, and the Articles and Bylaws, without limiting the generality thereof, the Association or its agent, if any, shall have the authority and the obligation to conduct all business affairs of the Association and to perform, without limitation, each of the following duties: 5.5.2.1 Operation and Maintenance of Packard Common Area. Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the Packard Common Area, Waterways and landscape Easement areas (as defined in Section 3.13), including the repair and replacement of property damaged or destroyed by casualty loss. All Waterways shall be maintained in accordance with sound hydrological principles. Specifically, the Association shall, at Grantor's sole discretion, operate and maintain all properties owned by Grantor which are designated by Grantor for temporary or permanent use by Members of the Association. Such properties may include those lands located near the Waterways and other lands intended for open space uses and which may be referred to as "non-buildable" lot per the Plat. Additionally, the Association may, in its discretion, limit or restrict the use of the Packard Common Area located in Blocks 5 and 6 to the Members residing in those respective blocks. 5.5.2.2 Reserve Account. Establish and fund a reserve account with a reputable banking institution or savings and loan association or title insurance company authorized to do business in th"e State of Idaho, which reserve account shall be dedicated to the costs of repair, replacement, maintenance and improvement of the Packard Common Area, and enforcement of the terms of the Conservation Agreement as defined below. 5.5.2.3 Maintenance of Berms Retaining Walls and Fences. Maintain the berms, retaining walls, fences and water amenities within and abutting Packard Common Area and Landscape Easement areas. Maintain the water amenities constructed by Grantor or Association located in that certain easement in, over and through Building Lots as shown on the Plat. • 5.5.2.4 Taxes and Assessments. Pay all real and personal property taxes and ,Assessments separately levied against the Packard Common Area or against Packard Planned Community, the Association and/or any other property owned by the Association. Such taxes and Assessments may be contested or compromised by the Association, provided, however, that such taxes and Assessments are paid or a bond insuring payment is posted prior to the sale or disposition of any property to satisfy the payment of such taxes and Assessments. In addition, the Association shall pay all other federal, state or local taxes, including income or corporate taxes levied against the Association, in the event that the Association is denied the status of a tax exempt corporation. 5.5.2.5 Water and Other Utilities. Acquire, provide and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and other necessary services for the Packard Common Area, and to manage for the benefit of Packard Planned Community all domestic, irrigation and amenity water rights and rights to receive water held by the Association, whether such rights are evidenced by license, permit, claim, stock ownership or otherwise. The Association shall maintain, repair, and operate any sewer lift stations located on the Property. 5.5.2.6 Insurance. Obtain insurance from reputable insurance companies authorized to do business in the State of Idaho, and maintain in effect any insurance policy the Board deems necessary or advisable, including, without limitation the following policies of insurance: 5.5.2.6.1 Fire insurance including those risks embraced by coverage of the type known as the broad from "All Risk" or special extended coverage endorsement on a blanket agreed amount basis for the full insurable replacement value of all Improvements, equipment and fixtures located within the Packard Common Area. 5.5.2.6.2 Comprehensive public liability insurance insuring the Board, the Association, the Grantor and the individual grantees and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of the Packard Common Area. Limits of liability of such coverage shall be as follows: Not less than One Million Dollars ($1,000,000) per person and One Million Dollars ($1,000,000) per occurrence with respect to personal injury or death, and One Million Dollars ($1,000,000) per occurrence with respect to property damage. 5.5.2.6.3 Full coverage directors' and officers' liability insurance with a limit of at least Two Hundred Fifty Thousand Dollars ($250,000). • 5.5.2.6.4 Such other insurance, including motor vehicle insurance and Workmen's Compensation insurance, to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property. 5.5.2.6.5 The Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Association under such policies, and shall have full power to receive such Owner's interests in such proceeds and to deal therewith. 5.5.2.6.6 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Association. 5.5.2.7 Rule Making. Make, establish, promulgate, amend and repeal such Association Rules as the Board shall deem advisable. 5.5.2.8 Newsletter. If it so elects, prepare and distribute a newsletter on matters of general interest to Association Members, the cost of which shall be included in Regular Assessments. 5.5.2.9 Architectural Committee. Appoint and remove members of the Architectural Committee, subject to the provisions of this Master Declaration. 5.5.2.10 Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Master Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of the Master Declaration, or of the Articles or Bylaws, including, without limitation, the recordation of any claim of lien with the Ada County Recorder, as more fully provided herein. 5.5.2.11 Private Streets. Signs and Lights. Maintain, repair or replace private streets (as noted on the Plat and including the cul-de-sac easements), street signs and private street lights located on the Property. This duty shall run with the land and cannot be waived by the Association unless the City of Boise consents to such waiver. 5.6 Pen~onal Liability. No Member of the Board, or member of any committee of the Association, or any officer of the Association, or the Grantor, or the manager, if any, shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, the manager, if any, or any other representative or employee of the Association, the Grantor, or the Architectural Committee, or any other committee, or any officer of the Association, or the Grantor, provided that such person, upon the basis of such information as may be possessed by such person, has acted in good faith without willful or intentional misconduct. 5.7 Budgets and Financial Statements. Financial statements for the Association shall be prepared regularly and copies shall be distributed to each Member of the Association as follows: 5.7.1 A pro forma operating statement or budget, for each fiscal year shall be distributed not less than sixty (60) days before- the beginning of each fiscal year. The operating statement shall include a schedule of Assessments received and receivable, identified by the Building Lot number and the name of the person or entity assigned. 5.8 Meetings of Association. Each year the Association shall hold at least one meeting of the Members, according to the schedule for such meetings established by the Bylaws; provided, that such meeting shall occur no later than November 1 each year. Only Members shall be entitled to attend Association meetings, and all other persons may be excluded. Notice for all Assocation meetings, regular or special, shall be given. by regular mail to all Members, and any person in possession of a Building Lot, not less than ten (10 days nor more than thirty (30) days before the meeting and shall set forth the place, date and hour of the meeting and the nature of the business to be conducted. All meetings shall be held within the Property or as close thereto as practical at a reasonable place selected by the Board. The presence at any meeting in person of the Class B Member where there is such a Member, and of the Class A Members representing Owners holding at least thirty percent (30%) of the total votes of all Class A Members, shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present any adjourn the meeting to a time not less than ten (10) days nor more than thirty (30) days from the time the original meeting was scheduled. A second meeting may be called as the result of such an adjournment, provided notice is given as provided above. At any such meeting properly called, the presence of any Member shall constitute a quorum. ARTICLE VI: RIGHTS TO Packard COMMON AREAS 6.1 Use of Packard Common Area. Every Owner shall have a right to use each parcel of the Packard Common Area, which right shall be appurtenant to and shall pass with the title to every Building Lot, subject to the following provisions: 6.1.1 The right of the Association holding or controlling such Packard Common Area to levy and increase Assessments; 6.1.2 The right of the Association to suspend the voting rights and rights to use of, or interest in, Packard Common Area recreational facilities (but not • including access to private streets, cul-de-sacs and walkways of the Property) by an Owner for any period during which any Assessment or charge against such Owner's Building Lot remains unpaid: and for a period not to exceed sixty (60) days for any infraction of the Association Rules; and 6.1.3 The right of the Association to dedicate or transfer all or any part of the Packard Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be permitted by the Articles and Bylaws and agreed to by the Members. No dedication or transfer of said Packard Common Area shall be effective unless an instrument agreeing to such dedication or transfer signed by Members representing two-thirds (2/3) of each class of Members has been recorded. 6.1.4 The right of the Association to prohibit the construction of structures or Improvements on all Packard Common Areas which interfere with the intended use of such areas as private street, cul-de-sacs and walkways. 6.1.5 The right of the Association to protect wildlife habitat. 6.2 Designation of Packard Common Area. Grantor shall designate and reserve Packard Common Area in the Master Declaration, Supplemental Declarations and/or recorded Plats, deeds or other instruments and/or otherwise provided herein. 6.3 Delegation of Right to Use. Any Owner may delegate, in accordance with the respective Bylaws and Association Rules of the Association, such Owner's right of enjoyment to the Packard Common Area, to the members of such Owner's family in residence, and such Owner's tenants or contract purchasers who reside on such Owner's Building Lot. Only Grantor or the Association shall have the right to delegate the right of enjoyment to the Packard Common Area to the general public, and such delegation to the general public shall for a fee set by Grantor or the Association. 6.4 Damages. Each Owner shall be fully liable for any damage to any Packard Common Area which may be sustained by reason of the negligence or willful misconduct of the Owner, such Owner's resident tenant or contract purchaser, or such Owner's family and guests, both minor and adult. In the case of joint ownership of a Building Lot, the liability of such Owners shall be joint and several. The cost of correcting such damage shall be a Limited Assessment against the Building Lot and may be collected as provided herein for the collection of other Assessments. ARTICLE VII: ASSESSMENTS 7.1 Covenant to Pay Assessments. By acceptance of a deed to any property in Packard Planned Community, each Owner of such property hereby covenants and agrees to pay when due all Assessments or charges made by the Association, including all Regular, Special and Limited Assessments and charges made against such Owner ~_J pursuant to the provisions of this Master Declaration or other applicable instrument. 7.1.1 Assessment Constitutes Lien. Such Assessments and Charges together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a charge on the land and shall be a continuing lien upon the property against which each such Assessment or charge is made. 7.1'.2 Assessment is Personal Obligation. Each such Assessment, together with interest, costs and reasonably attomeys' fees, shall also be the personal obligation of the Owner of such property beginning with the time when the Assessment falls due. The personal obligation for delinquent Assessments shall not pass to such Owner's successors in title unless expressly assumed by them but shall remain such Owner's personal obligation regardless of whether he remains an Owner. 7.2 Rggular Assessments. All Owners, including the Grantor, are obligated to pay Regular Assessments to the treasurer of the Association on a schedule of payments established by the Board. 7.2.1 Purpose of Regular Assessments. The proceeds from Regular Assessments are to be used to pay for all costs and expenses incurred by an Association, including legal and attorneys' fees and other professional fees, for the conduct of its affairs, including without limitation the costs and expenses of construction, improvement, protection, maintenance, repair, management and operation of the Packard Common Areas, including all Improvements located on such areas owned and/or managed and maintained by such Association, and an amount allocated to an adequate reserve fund to be used for repairs, replacement, maintenance and improvement of those elements of the Packard Common Area, or other property of the Association that must be replaced and maintained on a regular basis (collectively "Expenses"). 7.2.2 Computation of Regular Asse ments. The Association shall compute the amount of its Expenses on an annual basis. The Board shall compute the amount of Regular Assessments owed beginning the first day of the third month following the month in which the closing of the first sale of a Building Lot occurred in Packard Planned Community for the purposes of the Association's Regular Assessment ("Initiation Date"). Thereafter, the computation of Regular Assessments shall take place not less than thirty (30) nor more than sixty (60) days before the beginning of each fiscal year of an Association. The computation of the Regular Assessment for the period from the Initiation Date until the beginning of the next fiscal year shall be reduced by an amount which fairly reflects the fact that such period was less than one year. i • 7.2.3 Amounts Paid by Owners. The Board can require, in its discretion or as provided in the Articles or Bylaws, payment of Regular Assessments in monthly, quarterly, semi-annual or annual installments. The Regular Assessment to be paid by any particular Owner, except Grantor, for any given fiscal year shall be computed as follows: 7.2.3.1 As to the Association's Regular Assessment, each Owner shall be assessed and shall pay an amount computed by multiplying the Association's total advance estimate of Expenses by the fraction produced by dividing the Building Lots in the applicable Tract attributable to the Owner by the total number of Building Lots in such Tract. 7.2.3.2 Up until two(2) years following the date of the sale of a Building Lot in a particular Tract of the development, the Grantor shall be assessed the difference between the total revenue of the Association less the total expenses of the Association (°Shortfall") for that Tract of the development. The Grantor agrees to pay the cost of any Shortfall in order to properly maintain the Packard Planned Community during the development of each Tract. After two (2) years from the date of the first sale of a Building Lot in a particular Tract, the Grantor shall be assessed the Regular Assessment (defined in Section 7.2.3.1) for each Building Lot remaining in the respective Tract. This reduced assessment is in return for the Grantor paying the maintenance obligations for the Common Area prior to the acceptance of these obligations by the Association. 7.3 Special Assessments. 7.3.1 Purpose and Procedure. In the event that the Board of an Association shall determine that its respective Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses of such Association for any reason, including but not limited to costs of construction, reconstruction, unexpected repairs or replacement of capital improvements upon the Packard Common Area, attorney's fees and/or litigation costs, other professional fees, or for any other reason, the Board thereof shall determine the approximate amount necessary to defray such Expenses and levy a Special Assessment against the portions of the Property within its jurisdiction which shall be computed in the same manner as Regular Assessments. No Special Assessment shall be levied which exceeds twenty percent (20%) of the budgeted gross Expenses of such Association for that fiscal year, without the vote or written assent of the Owners representing a majority of the votes of the Members of such Association. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. • • 7.3.2 Consistent Basis of Assessment. Every Special Assessment levied by and for an Association shall be levied and paid upon the same basis as that prescribed for the levying and payment of Regular Assessments for such Association. 7.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, a Board may levy a Limited Assessment against a Member as a remedy to reimburse the Association for costs incurred n bringing the Member and/or such Member's Building Lot or restricted Packard Common Area into compliance with the provisions of the governing instruments for Packard Planned Community. 7.5 Uniform Rate of Assessment. Unless otherwise specifically provided herein, Regular and Special Assessments shall be fixed at a uniform rate per Building Lot for all Members of the Association. 7.6 Assessment Period. Unless otherwise provided in the Articles of Bylaws, the Assessment period shall commence on January 1 of each year and terminate December 31 of the year in which the Initiation Date occurs. The first Assessment shall be pro-rated according to the number of months remaining in the fiscal year and shall be payable in equal monthly installments. 7.7 Notice and Assessment Due Date. Ten (10) days prior written notice of Regular and Special Assessments shall be sent to the Owner of every Building Lot subject thereto, and to any person in possession of such Building Lot. The due dates for installment payment of Regular Assessments and Special Assessments shall be the first day of each month unless some other due date is established by the Board. Each monthly installment of the Regular Assessment of Special Assessment shall become delinquent if not paid within ten (10) days after the levy thereof. There shall accrue with each delinquent installment payment a late charge equal to ten percent (10%) of the delinquent installment. In addition, each installment payment which is delinquent for more than twenty (20) days shall accrue interest at eighteen percent (18%) per annum calculated the date of delinquency to and including the date full payment is received by an Association. An Association may bring an action against the delinquent Owner and may foreclose the lien against such Owner's Building Lot as more fully provided herein. Each Owner is personally liable for Assessments, together with all interest, costs and attorneys' fees, and no Owner may exempt such Owner from such liability by a waiver of the use and enjoyment of the Packard Common Areas, or by lease or abandonment of such Owner's Building Lot. 7.8 Estoppel Certificate. The Association, upon at least twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request, a statement in writing stating whether or not, to the knowledge of the Association, a particular Building Lot Owner is in default under the provisions of this Master Declaration, and further stating the dates to which any Assessments have been paid by the Owner. • • Any such certificate delivered pursuant to this paragraph 7.8 may be relied upon by any prospective purchaser or mortgagee of the Owner's Building Lot. Reliance on such Certificate may not extend to any default as to which the signor shall have had no actual knowledge. 7.9 Special Notice and Quorum Requirements. Notwithstanding anything to the contrary contained in either the Bylaws or the Articles, written notice of any meeting called for the purpose of levying a Special Assessment, or for the purpose of obtaining a membership vote in connection with an increase in the Regular Assessment, shall be sent to all Members of the Association and to any person in possession of a Building Lot in the applicable Tract, not less than fifteen (15) days nor more than thirty (30) days before such meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of the total votes of the Association shall constitute a quorum. If such quorum is not present, subsequent meetings may be called subject to the same notice requirement, and the required quorum at the subsequent meetings shall be fifty percent (50%) of the quorum required at the preceding meeting. No such subsequent meeting shall be held more than thirty (30) days following the preceding meeting. ARTICLE VIII: ENFORCEMENT OF ASSESSMENTS; LIENS 8.1 Right to Enforce. The Association has the right to collect and enforce its Assessments pursuant to the provisions hereof. Each Owner of Building Lot, upon becoming an Owner of such Building Lot, shall be deemed to covenant and agree to pay each and every Assessment provided for in this Master Declaration and agrees to the enforcement of all Assessments in the manner herein specified. In the event an attorney or attorneys are employed for the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Master Declaration, each Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy obtained against such Owner. The Board or its authorized representative may enforce the obligations of the Owners to pay such Assessments by commencement and maintenance of a suit at law or in equity, or the Board may exercise the power of foreclosure and sale pursuant to paragraph 8.3 to enforce the liens created hereby. A suit to recover a money judgement for an unpaid Assessment shall be maintainable without foreclosing or waiving the lien hereinafter provided. 8.2 Assessment Liens. 8.2.1 Creation. There is hereby created a claim of lien with power of sale on each and every Building Lot to secure payment of any and all Assessments levied against such Building Lot pursuant to this Master Declaration together with interest thereon at the maximum rate permitted by law and all costs of collection which may be paid or incurred by the Association making the Assessment in connection therewith, including reasonable attorneys' fees. All sums assessed in accordance with the provisions of this Master Declaration shall constitute a lien on such respective Building Lots upon • recordation of a claim of lien with the Ada County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to the recordation of the notice of delinquency and claim of lien except for tax liens for real property taxes on any Building Lot and Assessments on any Building Lot in favor of any municipal or other governmental assessing body which, by law, would be superior thereto. 8.2.2 Claim of Lien. Upon default of any Owner in the payment of any Regular, Special or Limited Assessment issued hereunder, the Association may cause to be recorded in the ofFce of the Ada County Recorder a claim of lien. The claim of lien shall state the amount of such delinquent sums acid other authorized charges (including the cost of recording such notice), a sufficient description of the Building Lot(s) against which the same have been assessed, -and the name of the record Owner thereof. Each delinquency shall constitute a separate basis for a notice and claim of lien, but any number of defaults may be included within a single notice and claim of lien. Upon payment to the Association of such delinquent sums and charges in connection therewith or other satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction of relief of such delinquent sums and charges. The Association may demand and receive the cost of preparing and recording such release before recording such release before recording the same. 8.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action in court or by sale by the Association establishing the Assessment, its attorney or other person authorized to make the sale. Such sale shall be conducted in accordance with the provisions of the Idaho Code applicable to the exercise of powers of sale permitted by law. The Board is hereby authorized to appoint its attorney, any officer or director of the Association, or any title company authorized to do business in fdaho as trustee for the purpose of conducting such power of sale or foreclosure. 8.4 Required Notice. Notwithstanding anything contained in this Master Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of the notice of delinquency and claim of lien, whether judicially, by power of sale or otherwise, until the expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United States mail, certified or registered, postage prepaid, to the Owner of the Building Lot(s) described in such notice of delinquency and claim of lien, and to the person in possession of such Building Lot(s) and a copy thereof is recorded by the Association in the Office of the Ada County Recorder. 8.5 Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein in connection with a given Building Lot shall not be subordinate to the lien of any deed of trust or mortgage except the lien of a first deed of trust or first mortgage given and made in good faith and for value that is of record as an encumbrance against such Building Lot prior to the recordation of a claim of lien for the Assessments. Except as expressly provided in paragraph 8.6 with respect to a first mortgagee who acquires title to Building Lot, the sale or transfer of any Building Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Master Declaration. 8.6 Riahts of Mortgagees. Notwithstanding any other provision of this Master Declaration, no amendment of this Master Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Master Declaration as amended. ARTICLE IX; INSPECTION OF ASSOCIATIONS BOOKS AND RECORDS 9.1 Member's Riaht of Inspection. The membership register, books of account and minutes of meetings of the Board and committee of an Association shall be made available for inspection and copying by any Member of the Assciation or by such Member's duly appointed representatives, at any reasonable time and for a purpose reasonably related to such Member's interest as a Member at the office of the Association or at such other place as the Board of such Association shall prescribe. No Member or any other person shall copy the membership register for the purposes of solicitation of or direct mailing to any Member of the Association 9.2 Rules Regarding Inspection of Books and Records. The Board shall establish reasonable rules with respect to: 9.2.1 Notice to be given to the custodians of the records by the persons desiring to make the inspection. 9.2.2 Hours and days of the week when such an inspection may be made. 9.2.3 Payment of the cost of reproducing copies of documents requested pursuant to this Article IX. 9.3 Director's Rights of Inspection. Every director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association, and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make extracts and copies of documents. ARTICLE X: ARCHITECTURAL COMMITTEE 10.1 Creation. Within thirty (30) days of the date on which the Grantor first conveys a Building Lot to an Owner, Grantor shall appoint three (3) individuals to serve on the Packard Architectural Committee ("Architectural Committee°). Each member shall hold office until such time as such member has resigned or has been removed, or such member's successor has been appointed, as provided herein. A member of the Architectural Committee need not be an Owner. Members of the Architectural Committee may be removed by the person or entity appointing them at any time without cause. 10.2 Grantor's Right of Appointment. At any time, and from to time, prior to ten (10) years after the recording date of this Master Declaration in which Grantor is the Owner of at least ten percent (10%) of the aggregate Building Lots, Grantor shall have the exclusive right to appoint and remove all members of the Architectural Committee. At all other times, the Association Board shall have the right to appoint and remove all members of the Architectural Committee. If a vacancy on the Architectural Committee occurs and a permanent replacement has not yet been appointed, Grantor or the Board, as the case may be, may appoint an acting member to serve for a specified temporary period not to exceed one (1) year. 10.3 Review of Proposed Construction. The Architectural Committee shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to this Master Declaration, and perform such other duties as from time to time shall be assigned to it by eht Board, including the inspection of construction in progress to assure its conformance with plans approved by the Architectural Committee. The Board shall have the power to determine, by rule or other written designation consistent with this Master Declaration, which types of Improvements shall be submitted for Architectural Committee review and approval. The Architectural Committee shall have the power to hire an architect, licensed with the State of Idaho, to assist the Architectural Committee in its review of proposals or plans and specifications submitted to the Archetectural Committee. The Architectural Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the habitat of the Packard Comrnon Areas, or apperance of the surrounding area of the Property as a whole, that the appearance of any structure affected thereby will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof will not become a burden on the Association. 10.3.1 Conditions on Ap royal. The Architectural Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, and/or upon the agreement of the Applicant to reimburse an Association for the cost of maintenance, and may require submission of additional plans and specifications or other information before approving or disapproving material submitted. 10.3.2 Architectural Committee Rules and Fees. The Architectural Committee also may establish rules and/or guidelines setting forth procedures for and the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approvals or additonal factors which it will take into consideration in reviewing submissions. The Architectural Committee shal determine the amount of such fee in a reasonable manner. Such fees shall be used to defray the costs and expenses of the Architectural Committee, including the cost and expense of hiring an architect licensed by the State of Idaho, as provided above, or for such other purposes as established by the Board, and such fee shall be refundable to the extent not expended for the purposes herein stated. If plans submitted are the same or substantially similar to plans previously approved by the Architectural Committee, fees may be reduced for such application approvals. Such rules and guidelines may establish, without limitation, specific rules and regulations regarding design and style elements, landscaping and fences and other structures such as animal enclosures as well as special architectural guidelines applicable to Building Lots located adjacent to public and/or private open space. 10.3.3 Detailed Plans. The Architectural Committee may require such detail in plans and specifications submitted for its review at it deems proper, including, without limitation, floor plans, site plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material and colors. Until receipt by the Architectural Committee may postpone review of any plan submitted for approval. 10.3.4 Architectural Committee Decisions. Decisions of the Architectural Committee and the reasons therefor shall be transmitted by the Architectural Committee to the Applicant at the address set forth in the application for approval within twenty (20) days after filing all materials required by the Architectural Committee. Any materials submitted pursuant to this Artical X shll be deemed approved unless written disapproval by the Architectural Committee shall have been mailed to the Applicant within twenty (20) days after the date of filing said materials with the Architectural Committee. 10.4 Meetings of the Architectural Committee. The Architectural Committee shall meet from time to time as necessary to perform its duties hereunder. The Architectural Committee may from time to time by resolution unanimously adopted in writing, designate a Architectural Committee representative (who may, but need not be one of its members) to take any action or perform any duties for and on behalf of the Architectural Committee, except the granting of variances pursuant to paragraph 10.9. In the absence of such designation, the vote of any two (2) members of the Architectural Committee, or the written consent of any two (2) members of the Architectural Committee taken without a meeting, shall constitute an act of the Architectural Committee. 10.5 No Waiver of Future Approvals. The approval of the Architectural Committee of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Architectural Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent. 10.6 Compensation of Members. The members of the Architectural Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their dutis hereunder and except as otherwise agreed by the board. 10.7 Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: ' 10.7.1 Upon the completion of any work for which approved plans are required under this Article X, the Owner shall give written notice of completion to the Architectural Committee. 10.7.2 Within sixty (60) days thereafter, the Architectural Committee or its duly authorized representative may inspect such Improvment. If the Architectural Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such non-compliance within such sixty (60) day period, specifying the particular noncompliance, and shall require the Owner to remedy the same. 10.7.3 If upon the expiration of thirty (30) days from the date of such notification, or any longer time the Architectural committee determines to be reasonable, the Owner shall ahve failed to remedy such noncompliance, the Architectural Committee shall notify the Board in writing of such failure. Upon notice and hearing, as provided int he Bylaws, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance exists, the Owner shall remedy or remove the same within a period of not more than forty-five (45) days from the date of the announcemnt of the Board ruling unless the Board specifies a longer time as reasonable. If the Owner does not comply with Board ruling within such period, the Board, at its option, may either remove the noncomplying improvement or remedy the noncompliance, and the Owner shall reimburse the Association, upon demand, for all expenses incurred in connection therewith. If such expenses are not promptly repaid by the Owner to the Association, the Board shall levy a Limited Assessment against such Owner for reimbursement pursuant to this Master Declaration. 10.7.4 If for any reason the Architectural Committee fails to notify the Owner of any noncompliance with sixty (60) days after receipt of the writtn notice of completion from the Owner, the work shall be deemed to be in accordance • with the approved plans. 10.8 Non-Liability of Architectural Committee Members. Neither the Architectural Committee nor any member thereof, nor its duly authorized Architectural Committee nor any member thereof, nor its duly authorized Architectural Committee representative, shall be liable to any Association, or to any Owner or Grantee for any loss, damage or injuury arising out of or in any way connected with the performance of the Architectural Committee's duties hereunder, unless due to the willful misconduct or bad faith of the Architectural Committee. The Architectural committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity and to the Property generally. The Architectural Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials and simialr features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. 10.9 Variances. The Architectural Committee may authorize variances from compliance with any of the architectural provisions of this Master Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. However no variances will be granted for construction of structures or Improvements, including without limitation manicured lawns, in the Packard Common Areas. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Architectural Committee, and shall become effective upon recordation in the ofFce of the county Recorder of Ada County. If such variances are granted, no violation of the covenants, conditions or restrictions contained in this Master Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shll not operate to waive any of the terms and provisons of this Master Declaration for any purpose excedpt as to the particular Building Lot and particular provision hereof covered by the variance, nor shall it affect any way the Owner's obligation to comply with all governmental laws and regulations affecting such Owner's use of the Building Lot, including but not limited to zoning ordinances or requirements imposed by any governmental or municpal authority. ARTICLEXI: ANNEXATION OF ADDTIONAL PROPERTIES 11.1 B n ~ Grantor intends to develop the property described on Exhbi A and other properies and may in Grantor's sole discretion, deem it desirable to annex some or all of such properties to the Property covered by this Master Declaration.Tracts may be annexed to the Property and brought within the provisions of this Master Declaration as provided herein by Grantor, fists successors or assigns, at any time, and from time to time, without the approval of any Owner or Assocation. The use and development of such Tracts shall conform to all applicable land use regulations, as such regulations are modified by variances. 11.2 By Association. In addition to the provisions concerning annexations by Grantor specified in section 12.1 above, Tracts may be created, subject to the same conditions, by the Association upon the exercise by Members of at least two-thirds (2/3) of the votes of the Association. 11.3 Rights and Obligations of Owners of Annexed Tracts. Subject to the provisions hereof, upon the recording of a Supplemental Declaration as to any Tract all provisions contained in the Master Declaration shall apply to the Tract in the same manner as if it were originally covered by this Declaration, subject to such modifications, changes and deletions as are specifically provided in such Supplemental Declaration, such Tract shall be treated for all purposes as a Tract as defined above. The Owners of lots located in the Tracts shall become members of the Association and shall become liable for their appropriate share of Assessments. Title to the Packard Common Areas which are to be owned and managed by the Association within said Tracts shall be conveyed to the Associatin, free and clear of any and all encumbrances and liens, subject to reservations, easements, covenants, conditions and restrictions then of record including those set forth in this Master Declaration or any Supplemental Declaration applicable to such Tracts. 11.4 Method of Annexation. The addition of a Tract to the Property authorized under sections 12.1 and 12.2 shall be made by filing of record a Supplemental declaration or other similar instrument with respect to the Tract, which shall be executed by Grantor or the Owner thereof and which shall annex shuch property to the Property. Thereupon each Tract shall be part of the Property, shall be subject to this Master Declaration and encompassed within the general plan and scheme hereof as modified by such Supplemental Dedaration, and shall be subject to the functions, pcers and jurisdiction of the Association established for the area encompassing such Tract. Such Supplemental Declaration or other appropriate document may contain such additions, modifications or deletions as may be deemed by Grantor or the Owner thereof desirable to reflect the different character, if any, of the Tract, or as Grantor or such Owner may deem appropriate in the development of the Tract. If any Tract is created, the Association shall have the authority to levy Assessments against the Owners located within such Tract, and the Association shall have the duty to maintain additional Packard Common Area located within the Tract if so specified in any Supplemental Declaration. 11.5 Deannexation. Grantor may delete all or a portion of the property described on Exhibit A, including previously annexed Tracts, from the Property and from coverage of this Master Declaration and the jurisdiction of any Association. So long as Grantor is the owner of all such Tracts and provided that a Supplemental Declaration of Deletion of Property is recorded in the Office of the Ada County Recorder in the same manner as a Supplemental Declaration of annexation. Members other than Grantor as described above, shall not be entitled to deannex all or any portion of a Tract except on the favorable vote of seventy-five (75%) of all members of the Association and written approval of Grantor so long as Grantor owns any portion of the property described on Exhibit A. ARTICLE XII: EASEMENTS 12.1 Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment as between each Building Lot and such portion or portions of the Packard Common Area adjacent thereto or as between adjacent Building Lots due tot he unwillful placement or settling or shiftng of the sidewalks and driveways constructed, reconstructed or altered theron in accordance with the terms of this Master Declaration. Easements of encroachment shall be valid only so long as they exist, and the rights and obligations of Owners shall not be altered in any way because of encroachments, settling or shifting of the Improvements; provided, however, that in no event shall a valid easement for encroachment occur due to the willful act or acts of an Owner. In the event a structure on any Building Lot is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Building Lot agree that minor encroachments over adjoining Building Lot agree that minor encroachments over adjoining Building Lots that existed prior to the encroachment may be reconstructed pursuant to the easement granted by this paragraph 12.1. 12.2 Easements of Access. All Owners of Building Lots will have a perpetual easement for access, ingress and egress over the Packard Common Area, including but not limited to the private streets, cul-de-sacs and walkways. This easement shall run with the land. Such easements may be uysed by Granteor, and by all Owners, their guests, tenants and invitees, residing on or temporarily visiting the Property, for pedestrian walkways, vehicular access and such other purposesn reasonably necessary for the use and enjoyment of a Building Lots or Packard Common Area. 12.3 Drainage and Utility Easements. Grantor expressly reserves for the benefit of all the Property reciprocal easements of access, ingress and egress for all Owners to and from their respective Building Lots for installation and repair of utility services, for drainage of water over, across and upon adjacent Building Lots, and Packard Common Areas, resulting ftom the normal use of adjoning Building Lots or Packard Common Areas, fand for necessary maintenance and repair of any Improvement including fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments, trees and landscaping. Notwithstanding anything expressly or impliedly contained herein to the contrary, this Master Declaration shall be subject to all easements heretofore or herafter granted by Grantor for the installation and maintenance of utilities and drainage facilities that are required for the development of the Property. In addition, Grantor hereby reserves for the benefit of any Association the right to grant additional easements and rights-of--way over the Property and/or a Tract, as appropriate, to utility companies and public agencies as necessary or expedient for the proper development of the Property until close of escrow for the sale of the last Building Lot in the Property to a purchaser. 12.3.1 Improvement of Drainage and Utility Easement Areas. The Owners of Building Lots are hereby restricted and enjoined from constructing any Improvements upon any drainage or utility easement areas as shown on the Plat of Packard Planned Cormnunity or otherwise designated in any recorded document which would interfere with or prevent the easement from bing used for such purpose; provided,however that the Owner of such Building Lots and the Grantor, Association or designated entity with regard to the landscaping easement described in thisarticle XII, shall be entitled to install and maintain landscaping on such easement areas, and also shall be entitled to build and maintain fencing on such easement areas subject to approval by the Association Architectural Committee, so long as the same would not interfere with or prevent the easement areas from bing used for their intended purposes; provided, that any damage sustained to Improvements on the easement areas as a result of legitimate use of the easement areas shall be the sole and exclusive obigation of the .Owner of the Building Lot whose Improvements were so damaged. 12.4 Rights and Duties Concerning Utility Easements. The rights and duties of the Owners of the Building Lots within the Property with respect to utilites shall be governed by the following: 12.4.1 Wherever utility house connections are installed within the Property, which connections or any portions thereof lie in or upon Building Lots owned by an Owner other than the Owner of the Building Lot served by the connections, the Owner of the Building Lot served by the connections shall have the right, and is hereby granted an easement to the full extent necessary therefor, to enter upon any Building Lot or to have their agent enter upon any Building Lot within the Property in or upon which said connections or any portion thereof lie, to repair, replace and generally maintain the connections as and when it may be necessary. 12.4.2 Whenever utility house connections are installed within the Property, which connections serve more than one Building Lot, the Owner of each Building Lot served by the connectoins shall be entitled to full use and ijoyment of such portions of said connections as service such Owner's Building Lot. 12.5 Driveway Easements. Whenever a driveway is installed within the Property which in whole or in part lies upon a Building Lot owned by an Owner other than the Owener of the Buiiding Lot served, or installed to serve more than one Building Lot, the Owner of each Building Lot served or to be served by such driveway Building Lot, the Owner of each Building Lot served or to be served by such driveway shall be entitled to full use and enjoyment of such other Building Lot as required to service such Owner's Building Lot as required to service such Owner's Building Lot or to repair, replace or maintain such driveway. 12.6 Disputes as to Sharing of Costs. In the event of a dispute between Owenrs with respect to the repair or rebuilding of utility connections or driveways, or with respect to the sharing of the cost therefor, upon written request of one of such Owners addressed to the Association, the matter shall be submitted to the Board which shall decide the • dispute and, if appropriate, make an appropriate Assessment against any or all of the Owners involved on behalf of the prevailing Owner(s), which Assessment shall be collected and enforced in the manner provided by this Master Declaration for Limited Assessments. 12.7 General Landscape Easement. An easement is hereby reserved to each appropriate Association, its contractors and agents, to tnter those portions of Building Lots, for the purpose of installing, maintaining, replacing and restoring exterior landscaping, and natural vegetation and habitat. Such landscaping activitiy shall include, by way of illustration and not of limitation, the mowing of lawns, irrigation, sprinkling tree and shrub trimming and pruning ,walkway improvement, seasonal planting and such other landscaping activities within ghe Property as such Association shall determine to be necessary from time to time. 12.8 Overhang Easement. There shall be an exclusive easement appurtenant to each Building Lot over the Packard Common Areas for overhanging eaves, and for any projections fromt he buildings, which projections shall not extend beyond the eave line and shall be consistent with all building codes. 12.9 Maintenance and Use Easement Beiv~en Walls and Lot Lines. Whenever the wall of a structure, or a fence or retaining wall, is legitimately constructed on a Building Lot under plans and specifications approved by the Architectural Committee is located within trhee (3) feet of the lot line of such Building Lot, the Owner of such Building Lot is hereby granted an easement over and on the adjoining Building Lot (not to exceed 3 feet fromt he Building Lot line) for purposes of maintaining and repairing such wall or fence and eaves or other overhangs, and the Owner of such adjoining Building Lot is hereby granted an easement for landscaping purposes over and on the area lying between the lot line and such structure or fence so long as such use does not cause damage to the structure of fence. 12.10 Waterway Easements. Grantor hereby reserves for the benefit of the Association an easement for all Waterways and related pipes, pumps and other equipment over, across and under all Building Lots and Packard Common Areas, to the extent reasonably required to maintain any water system installed by Grantor on the Property or pursuant to plans and specifications approved by the Architectural Committee. Any relocation of the water lines installed as a part of such system shall. not be undertaken in any way which interrups the flow of water through the system or damages the system in any other fashion. Grantor reserves the right to make any reconfirguration of any Waterway which it determines, in its own discretion, to be necessary, expedient or desirable, provided, however, that nothing herein shall reserve unto Grantor the right to take any action which would distrub, encroach upon or endanger the foundation of any building, nor shall Grantor take any action which would materially alter any Waterway's proximity to improved property abutting such Waterways. 12.11 Riparian Easement. A perpetual easement is hereby reseved for the benefit • • of the Association, its respective contractors, successors and assigns, over and across the Riparian Easement Area as defined in Section 3.24. The purpose of the foregoing easement shall be for inspecting, maintaining, repairing, constructing and restoring the wildlife habitat, structures and facilities constructed or to be constructed within the Riparian Easement Area, it being understood that each Building Lot Owner shall have primary responsibility to maintain the Riparian Easement Area but the Association, in its discretion, may elect to perform certain maintenance, repairs and replacements. Notwithstanding that the above described easement extends to the entire Riparian Easement Area, the grantees of such easement shall, to the extent reasonably possible under the existing circumstances, exercise their easement rights in such a manner so as to inflict the least possible damage to any permitted improvements, including premmied landscaping which may be located in or adjacent to the Riparian Easement Area. Any damage which results to permitted improvements constructed in or adjacent to the Riparian Easement Area, including landscaping, as a result of the exercise of this easement, shall be the responsibility of the Association. 12.2 Riparian Easement Area Restrictions. No portion of the riparian Easement Area shall be improved with any structure or other improvement other than landscaping approved by the Association Architectural Committee. Natural riparian vegetaiton and landscaping shall be required and all landscaping within the Riparian Easement Area shall be compatible with and shall promote the wildlife and fishery habitat. Under no circumstances shall buildings, including manicured lawns be permitted in the Riparian Easement Area. The. Association Architectural Committee may otherwise in its sole and absolute discretion, grant variances from the foregoing improvement restrictions within the Riparian Easement Area, if the Association Architectural Committee, in its sole and absolute discretion, determines that such variance would not be unreasonably detrimental to the fish and wildlife habitat or if failure to grant the variance would work on undue hardship, economic or otherwise, on the Building Lot Owner seeking the variances. 12.3 Sewer Covenants and Restrictions. All Lots within Packard Planned Community shall be subject to and restricted by the following covenants and restrictions: 12.13.1 A monthly sewer charge must be paid after connecting to the Boise city public sewer system, according to the ordinances and laws of Boise City. 12.13.2 The Owner of the Building Lot shall submit to inspection by either the Department of Public Works or the Department of Building whenever a Building Lot is to be connected the City's sewage system and building sewer is constructed or installed on or with Owner's Lot. 12.13.3 The Grantor of this subdivision shall and hereby does vest in Boise City the right and power to bring all actions against the Owner of the Property conveyed or any part thereof for the collection of any charges • herein required and to enforce the conditons herein stated. This conversant shall run with the land. 12.13.4 The recording of the final plat by Grantor shall be deemed and construed as a request for the annexation of the Property into the corporate limits of Boise City. Such requests and consents shall be binding on all subsequent purchasers or Owners of the Property or of a specific Building Lot. 12.14 Specific Landscape Easement. Grantor hereby reserves for the benefit of the Association a perpetual Landscape Easement. Such easement shall allow the Association to install and maintain the berms, retaining walls, fences, and landscaping within the area defined as the Landscape Easement. ARTICLE XIII: MISCELLANEOUS 13.1 Term. The easements created hereunder shall be perpetual, subject only to extinguishement by the holders of such easements as provided by law. The covenants, conditions, restrictions and equitable servitudes of this Master Declaration shall run until December 31, 2010, unless amended as herein provided. After December 31, 2010, such covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished by a written instrument executed by Members holding at least three-fourths (3.4) the voting power of the Association and such written instrument is recorded with the Ada County Recorder. Further provided that the Association shall not be dissolved without the prior written approval of the City of Boise and Ada County Highway District, such consent not to be unreasonably withheld provided that a responsible successor organization shall agree to perform those maintenance responsibilities arising from applicable city and county governmental requirements. 13.2 Amendment. 13.2.1 By Grantor. Except as provided in paragraph 13.3 below, until the recordation of the first deed to Building Lot in the Property, the provisions of this Master Declaration may be amended, modified, clarified, supplemented, added to (collectively, "amendment") or terminated by Grantor by recordation of a written instrument setting forth such amendment or termination. Any amendment affecting only a particular Tract may be made by Grantor by an amendment to this Master Declaration at any time up to the recordation of the first deed to a Building Lot in such Tract. 13.2.2 By Owners. Except where a greater percentage is required by express provision in this Master Declaration, the provisions of this Master Declaration, other than this Article XIII, any amendment shall be by an instrument in weriting signed and acknowledged by the president and secretary of the Association certifying and attesting that such amendment has been approved by the vote or written consent of Owners representing more than fifty percent (50%) of the votes in the Association, and such amendment shall be effective upon its recordation with the Ada County Recorder. Any amendment to this Article XIII shall require the vote or written consent of Members holding ninety-five percent (95%) of the voting power of the Association. 13.2.3 Effect of Amendment. Any amendment of this Master Declaration approved in the manner specified above shall be binding on.and effective as to all Owners and their respective properties notwithstanding that such Owners may not have voted for or consented to such amendment. Such amendments may add to and increase the covenants, conditoins, restrictions and easements applicable to the Property but shall not prohibit or unreasonably interfere with the allowed uses of such Owner's property which existed prior to the said amendment. 13.3 Mortgage Protection. Notwithstanding any other provision of this Master Declaration, no amendment of this Master Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after foreclosure of any such first deed of trust such Building Lots shall remain subject to this Master Declaration, as amended. 13.4 Notices. Any notices permitted or required to be delivered as .provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has been deposited in the United States mail, postage prepaid, addressed to any person at the address given by such person if no address has been given to the Association. Such address may be chanbged from time to time by notice in writing to the Association, as provided in this paragraph 13.4. 13.5 Enforcement and Non-Waiver. 13.5.1 Right of Enforcement. Except as otherwise provided herein, any Owner of any Building Lot shall have the right to enforce any or all of the provisions hereof against any property within the Property and Owners thereof. 13.5.2 Violations and Nuisances. The failure of any Owner of a Building Lot to comply with any provision hereof, or with any provision of the Articles or Bylaws of any Association, is hereby declared a nuisance and will give rise to a cause of action in the Grantor, the Association or any Owner Building Lot(s) within the Property for recovery of damages or for negative or affirmative injunctive relief or both. However, any other provision to the contrary notwithstanding, only Grantor, the Association, the Board, or a duly authorized agent of any of them, may enforce by self-help any of the provisions hereof only if such self-help is preceded by reasonable notice to the Owner. 13.5.3 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any property within the Property is hererby declared to be a violation of this Master Declaration and subject to any or all of the enforcement procedures set forth in this Master Declaration and any or all enforcement procedures in law and equity. 13.5.4 Remedies Cumulative. Each remedy provided herein is cumulative and not exclusive. 13.5.5 Non-Waiver. The failure to enforce any of the provisions herein at any time shall not constitue a waiver of the right to enforce any such provision. 13.6 Inter retation. The provisions of this Master Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of the Property. This Master Declaration shall be construed and governed under the laws of the State of Idaho. 13.6.1 Restrictions Construed To_aether. All of the provisions hereof shall be liberally construed together to promote and effectuate the fundamental concepts of the development of the Property as set forth in the recitals of this Master Declaration. 13.6.2 Restrictions Severable. Notwithstanding the provisions of the foregoing paragraph 13.6.1, each of the provisions of this Master Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 13.6.3 Singular Includes Plural. Unless the context requires a contrary construction, the singular shall include the plural and the plural singular, and the masculine, feminine or neuter shall each including the masculine, feminine and neuter. 13.6.4 Captions. All captions and titles used in this Master Declaration are intended solely for convenience of reference and shall not affect that which is set forth in any of the provisions hereof. 13.7 Successors and Assigns. All references herein to Grantor, Owners, any • • Association of person shall be construed to include all successors, assigns, partners and authorized agents of such Grantor, Owners, Association or person. IN WITNESS WHEREOF, the parties executed this Master Declaration as of the day and year first above written. Packard LIMITED PARTENERSHP, an Idaho limited partnership, By: O'NEILL ENTERPRISES, INC., Its: General Partner By: Peter S. O'Neill, President Packard HOMEOWNERS' ASSOCIATION, INC., anon-profit Idaho corporation, By: By: Peter S. O'Neill, President Barry K. Leppda, Secretary . • STATE OF IDAHO ) ss. County of Ada ) On this day of January, 1993, before, the undersigned, a Notary Public in and for said State, personally appeared Peter S. O'Neill, known or identified to me to be the President of O'Neilt Enterprises, Ind., who is known or identified to me to be the gerneal partner of the partnership that executed the instrument or the perosn who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My commission expires: STATE OF IDAHO ) ss. County of Ada ) On this _ day of , 1993, before me the undersigned, a Notary Public in and for said State, personaly appeared ,known or identified to me to be the President of Packard Homeowners' Association, the non-profit corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My commission expires: ~ ! STATE OF IDAHO ) ss. County of Ada ) On this _ day of , 1993, before me the undersigned, a Notary Public in and for said State, personaly appeared ,known or identified to me to be the President of Packard Homeowners' Association, the non-profit corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My commission expires: ~ ~ A TRACT OF LAND LOCATED IN SECTION 24, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MARKING THE QUARTER CORNER COMMON THE SECTION 23 AND 24 TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, SAID POINT BING THE POINT OF BEGINNING; THENCE ALONG THE SECTION LINE COMMON TO SAID SECTION 23 AND 24 NORTH O1 17'53" EAST, 517.55 FEET (SHOWN OF RECORD AS NORTH O1 17'53" EAST, 511.45 FEET) TO A POINT; THENCE ALONG AN EAST-WEST FENCE, SOUTH 89 46'30" EAST, 165.00 FEET (SHOWN OF RECORD AS SOUTH 89 43'29",EAST 164.39 FEET) TO A POINT IN A FENCE CORNER; THENCE NORTH O1 17'53" EAST, ALONG AN EXISTING FENCE 264.00 (SHOWN OF RECORD AS NORTH 02 00'37" EAST ALONG AN EXISTING FENCE 26523 FEET) TO A POINT IN A FENCE CORNER; THENCE; SOUTH 89 46'30" EAST, ALONG AN EXISTING FENCE, 560.76 (SHOWN OF RECORD AS NORTH 89 50' 17" EAST, ALONG AN EXISTING FENCE, 56129 FEET) TO A POINT ON THE SOUTH BANK OF A DRAIN DITCH, COMMONLY KNOWN AS THE DRY CREEK CANAL; THENCE SOUTH 61 31'08" EAST, ALONG THE SAID SOUTH BANK, 588.34 (SHOWN OF RECORD AS 61 31'25" EAST, ALONG THE SAID SOUTH BANK 664.98) TO A 5/8" IRON PIN; THENCE SOUTH 21 51'49" WEST, 475.74 FEET (SHOWN OF RECORD AS SOUTH 21 51'49" WEST 475.74 FEET) (IDENTICAL WITH RECORD OF SURVEY, BOOK 8, PAGE 125, ADA COUNTY RECORDS), TO A 5/8" IRON PIN; THENCE SOUTH 82 41'22" EAST, 59.49 FEET TO A POINT; THENCE SOUTH 63 42'48" EAST 62.59 FEET TO A y:" IRON PIN: (THE LAST TWO ABOVE MENTIONED BEARINGS AND DISTANCES SHOWN OF RECORD AS SOUTH 64 33" EAST 107.8 FEET); THENCE SOUTH 89 08'09" EAST, ALONG THE NORTH BOUNDARY OF GOVERNMENT LOTS 3 AND 4, A DISTANCE OF 181.29 FEET (SHOWN OF RECORD AS SOUTH 88 56'13" EAST, 58.25 FEET AND SOUTH 89 13'47" EAST 123.77 FEET) TO A 2" IRON PIPE MARKING THE NORTHWEST CORNER OF FLAKE COUNTRY SUBDIVISION; THENCE SOUTH 00 36'33" WEST, ALONG THE WESTERLY BOUNDARY OF FLAKE COUNTRY SUBDIVISION, 1123.86 FEET (SHOWN OF RECORD AS SOUTH 00 04' EAST 1124.30 FEET) TO %:" IRON PIN MARKING THE SOUTHWEST CORNER OF FLAKE COUNTRY SUBDIVISION, (RECORD SOUTH 00 04' EAST 1124.3 FEET); THENCE SOUTH 07 33'49" WEST 7273 FEET (SHOWN OF RECORD AS SOUTH 7 42" WEST, 230.77 FEET AND SOUTH 7 18' S0" WEST 495.45 FEET); THENCE NORTH 71 24'55" WEST, 1404.63 FEET (SHOWN OF RECORD AS NORTH 71 40'30" WEST 1454.91 FEET) TO A 5/8" IRON PIN ON THE SECTION LINE COMMON TO SECTIONS 23 AND 24; THENCE NORTH 00 2T20" WEST, ALONG SAID SECTION LINE, 1416.57 FEET (SHOWN OF RECORD AS NORTH Ol 12'30" EAST 488.25 FEET AND 914.10 FEET) TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO THE ADA COUNTY HIGHWAY DISTRICT BY RIGHT-OF-WAY DEED RECORDED AUGUST 21, 1987 AS INSTRUMENT N0.8748117AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: • A PARCEL OF LAND FOR PUBLIC RIGHT-OF-WAY SITUATED IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO THAT IS 30.00 FEET IN WIDTH AND ADJACENT TO RIVERSIDE DRIVE AS SHOWN ON THE PLANT OF RIVERSIDE VILLAGE N0.2, BOOK 51 OF PLATS AT PAGE 4227, RECORDS OF ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF THE SAID SECTION 24; THENCE SOUTH 00 27'20"EAST, 1416.57 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID SECTION 24; THENCE SOUTH 71 24'55" EAST 1169.96 FEET TO THE REAL POINT OF BEGINNING; THENCE NORTH 18 35'05" EAST, 30.00 FEET TO A POINT; THENCE SOUTH 71 24'55" EAST, 231,83 FEET TO A POINT; THENCE SOUTH 07 33'49" WEST, 30.56 FEET TO A POINT; THENCE NORTH 71 24' S5" WEST, 237.67 FEET TO THE REAL POINT OF BEGINNING. AND FURTHER EXCEPT: THAT PORTION CONVEYED TO THE ADA COUNTY HIGHWAY DISTRICT BY RIGHT-OF-WAY DEED RECORDED AUGUST 21, 1987 AS INSTRUMENT NO.8748118AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND FOR PUBLIC RIGHT-OF-WAY SITUATED IN THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA, COUNTY, IDAHO THAT IS 30.00 FEET IN WIDTH AND ADJACENT TO AND NORTHERLY OF THE SOUTHWESTERLY BOUNDARY OF LAND SHOWN ON RECORD OF SURVEY N0.426, INSTRUMENT N0.8300365, RECORDS OF ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 24; THENCE SOUTH 00 42'06" EAST SHOWN AS SOUTH 00 27'20" EAST ON RECORD OF SURVEY NO 426, 1423.73 FEET ALONG THE WESTERLY BOUNDARY OF SAID SECTION 24; THENCE SOUTH 76 21' 23" EAST, 84.88 FEET TO THE SOUTHWESTERLY BOUNDARY OF LAND SHOWN ON RECORD OF SURVEY N0.426, WHICH IS THE REAL POINT OF BEGINNING; THENCE 0.10 FEET ALONG A CURVE DEFLECTING TO THE LEFT WITH A RADIUS OF 320.00 FEET, A CENTRAL ANGEL OF 00 01'05",ALONG CHORD OF 0.10 FEET AND A LONG CHORD BEARING OF SOUTH 83 57'04" EAST; THENCE SOUTH 83 57'35" EST 100.00 FEET; THENCE 81.48 FEET ALONG A CURVE DEFLECTING TO THE RIGHT WITH A RADIUS OF 380.00 FEET,A CENTRAL ANGLE OF 12 17'05",ALONG CHORD OF 81.32 FEET AND A LONG CHORD BEARING OF SOUTH 77 49'03" EAST TOA A POINT 30.00 FEET NORTHEASTERLY OF THE SOUTHWESTERLY BOUNDARY OF LAND SHOWN ON RECORD OF SURVEY N0.426; SOUTH 71 40'30" EAST, ALONG A LINE PARALLEL TO AND 30.00 FEET NORTHEASTERLY OF THE SOUTHWESTERLY BOUNDARY OF LAND SHOWN ON RECORD OF SURVEY N0.426, 901.93 FEET; THENCE SOUTH 18 19'30" WEST 30.00 FEET TO THE NORTHWESTERLY CORNER OF RIVERSIDE VILLAGE N0.2 SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT THEREOF IN THE OFFICE OF THE ADA COUNTY RECORDER, WHICH IS ALSO ON THE SOUTHWESTERLY BOUNDARY OF LAND SHOWN ON RECORD OF SURVEY N0.426; THENCE NORTH 71, 40'30" WEST (SHWON AS NORTH 71 24'55" WEST ON RECORD OF SURVEY N0.426), 1080.59 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF LAND SHOWN ON RECORD OF SURVEY N0.426 TO THE REAL POINT OF BEGINNING. EXI~iIBIT B LEGAL DESCRIPTION OF PACKARD COMMON AREA LOT 1, BLOCK I LOT 1, BLOCK 2 LOT 1, BLOCK 3 LOT 1, BLOCK 4 LOT 12, BLOCK 5 LOTY, BLOCK 6 LOTS 1,4, 11, 23, 27, 34 AND 37, BLt~CK 7 LOTS 3, 4, 6, 14, 31, 34, 44; 45,46 AND 51, BLOCK 8 of Amended Wo~gram Sobdi~ision No. 1, according to the official plat recorded as I~nstrurneat ~~10. 9230042e~records c~1~d7[~County, Idaho. • LEGAL DESCRIPTION OF~PACKARD TRACTS Amerced Wolfgram Subdi~ion No. 1 as sheon on the official plat of subdivision, recorded as I~1S,tFUment No. 9230042 records of Ada County, Idaho. ~~ THIS SUPPLEMENTAL DECLARATION TO AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MEADOW CREEK PLANNED COMMUNITY (WOLFGRAM SUBDIVISION) is made effective as of the _ day of November, 1994, by Packard Limited Partnership, an Idaho limited partnership (hereinafter referred to as "Declarant" or "Grantor") RECITALS: A. Declarant is the owner of certain real property located in the County of Ada, State of Idaho, which property is legally described on Exhibit "A" attached hereto and made a part hereof (the "Annexed Property"); and B. On February 17, 1993, Declarant caused to be recorded as Instrument No. 9311889, a certain Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Meadow Creek Planned Community (Wolfgram Subdivision) (hereinafter the "Declaration" or "Master Declaration") against certain real property as described therein; and C. Pursuant to Article 1.1, 3.15 and 13.2.1 of said Master Declaration, Declarant reserved the right to record supplemental declarations to subject additional real property to the Master Declaration or to modify the Master Declaration; and D. Declarant now desires to modify the Master Declaration as set forth herein and subject the Annexed Property to the Master Declaration. SUPPLEMENTAL DECLARATION -PAGE 1 2281-59/SIJPP2.SRW • • DECLARATION NOW, THERFORE, the Declarant hereby declares that, upon the execution and recording of this Supplemental Declaration: 1. Rec~ ose. The above recitals are incorporated herein by this reference thereto. The purpose of this Supplemental Declaration is to annex the Annexed Property to the Property covered by the Master Declaration. 2. Annexation/Propertv Covered. The Annexed Property is hereby an>.~xed to the Property covered by the Master Declaration and is hereby designated as a Tract. In addition, the Annexed Properly is hereby designated Packard Common Area. All of the Annexed Property described herein shall be held, sold and conveyed subject to the Restrictions set forth in the Master Declaration, as amended hereby, all of which are for the purpose of enhancing and protecting the value, desirablility and attractiveness of the Property. 3. Packard Common Area. Article 3.15 of the Master Declaration is hereby supplemented to declare that Packard Common Area shall inchide the Annexed Property. 4. Definitions/OriQnal Terms. Capitalized therms not otherwise defined herein shall have the meaning assigned to such term in the Master Declaration. Except as specifically modified hereby, the terms and conditions of the Master Declaration shall remain in full force and effect. 1N WITNESS WHEREOF, Declarant has executed this Supplemental Declaration as of the day and year first above written. PACKARD LIMITED PARTNERSHIP, an Idaho limited partnership, By: O'NEILL ENTERPRISES, INC., an Idaho corporation Its: General Partner By: Peter S. O'Neill, President SUPPLEMENTAL DECLARATION -PAGE 2 2281-59/S[TPP2.SRW • STATE OF IDAHO ) ss. County of Ada ) On this day of November, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared peter S. O'Neill, known or identified to me to be the Presient of O'Neill Enterprises, Inc., and Idaho corporation, which corporation is known or identified to be to be the general partner of Packard Limited Partnership, the partnership that executed the foregoing u~niment, and acknowledged to me that such corporation executed the same as the general partner on behalf of said Partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My commission expires: SUPPLEMENTAL DECLARATION -PAGE 3 2281-59/SIJPP2.SRW • LIFT STATION MAINTENANCE AGREEMENT This Agreement is entered into this 9 ~ day of August, 1997, by and between the CITY OF MERIDIAN (hereinafter "Meridian") and PACIFIC NORTHWEST ELECTRIC, INC., an Idaho corporation, and EDMONDS CONSTRUCTION, INC., an Idaho corporation (hereinafter jointly referred to as "PNE"). WITNESSETH WHEREAS, PNE has made application to Meridian to rezone and annex that certain parcel of real estate to be known as Packard Subdivision and to develop that subdivision as more particularly described on its initial application; and, WHEREAS, Meridian has granted PNE's application subject to all of the terms and conditions of a Developer's Agreement entered into on Sid ber 2 , 1992; and, WHEREAS, one specific condition of the Developer's Agreement requires PNE to install a sewage lift station in order to properly move sewage from a collection point in the subdivision to connect to the South Slough Interceptor of the Meridian Sewer System, which lift station must be monitored and maintained to prevent malfunctions; and, WHEREAS, Meridian has the capability and the expertise to monitor and maintain this lift station because it does the same with other lift stations at other projects and subdivisions, and will agree to do the same for PNE for a fee equivalent to its costs and expenses; and, WHEREAS, PNE intends to form anon-profit corporate homeowners association to be known as Packard Homeowners Association, Inc. (hereinafter the "Association") and said association will pay Meridian's fees for monitoring, repairing, and maintaining this lift station after construction by PNE and assignment of this Lift Station Maintenance Agreement thereto and, if assignment is not made, PNE shall be responsible for Meridian's fees to monitor, repair, and maintain this lift station; fl 7 ~ ? ~ 3 ~ a NOW, THEREFORE, in consideration of the mutual benefits, the parties agree as follows: 1. The above recitals are contractual and binding. ~ ~~ ~ ;~'rr,'~i ...) V ~ .~ ... i 2. Scope of Meridian's duties: Meridian shall provide the following periodic mainten~ce ' services to the Packard lift station: , ~ , " '97 SEP ~'~`i i 33 A. Daily operations monitoring. 5 ~ ". B. Periodic line maintenance in accord with Meridian's normal schedule. Page -1- • • C. Emergency response to telemetry relayed breakdown messages. D. In the event routine repairs exceeding One Hundred Dollars and No Cents ($100.00) are needed, Meridian shall notify PNE, who shall then make, or contract for, the repairs at PNE's separate cost. E. In the event emergency repairs are necessary, Meridian shall cause those repairs to be made at PNE's expense. Cost for emergency repairs shall be based on time and materials in correcting the problem. Time will be at the rate of Thirty- One Dollars and Fifty Cents ($31.50) per hour for two (2) personnel or at the then published hourly rate for services by Meridian wastewater maintenance personnel during regular hours (8:00 a.m. - 5:00 p.m. Monday through Friday) and Forty-Nine Dollars and Fifty Cents ($49.50) per hour for two (2) personnel for non-regular hours, or at the then published rate for non-regular hours. A service vehicle rate is charged at Fifteen Dollars and No Cents ($15.00) per hour in addition to the personnel charge. NOTE: Emergency repair call-outs require the use of two (2) employees for safety purposes. F. These rates are subject to periodic negotiation not more frequently than once per year or, if the parties agree, the rates may be negotiated by mutual agreement at any time. 3. Scope of PNE duties: A. In addition to bearing the cost of installing the sewage lift station, PNE shall install an alarm system in accord with City Standards which shall cause a telemetry relayed breakdown signal to be relayed to the Meridian City Wastewater Department which shall then give rise to the duties in Section 1. B. PNE shall pay all utility costs incurred in operating the lift station, including water, power, and telephone. C. PNE shall pay to Meridian routine maintenance charges as follows: i. Initially, one visit per day lift station monitoring at Two Hundred Forty-Five Dollars and No Cents (245.00) per month. At a future time in the development of this subdivision, when sewage flow into the lift station has increased to a point where, in the opinion of the City Wastewater Superintendent, two daily visits are required, the monthly maintenance charge shall increase to Three Hundred Forty Dollars an_ d No Cents ($340.00) per month. Page -2- C~ ii. Periodic line cleaning at One Hundred Thirty-Five Dollars and No Cents ($135.00) per cleaning, as necessary or in accord with Meridian's normal cleaning schedule. These rates are subject to periodic negotiation not more frequently than once per year, or, if the parties agree, the rates may be negotiated by mutual agreement at any time. 4. PNE shall indemnify and hold Meridian harmless from any and all losses, claims, actions, judgments for damages or injury to persons or property, and losses and expenses caused by, or arising from, operation and maintenance of the lift station and not caused by the negligent conduct of Meridian or its employees. 5. All sums of money due to Meridian shall be paid within thirty (30) calendar days of the date of invoice. 6. This agreement may be terminated by either party upon sixty (60) days written notice. 7. In the event that the sewage collection system serviced by this sewage lift station can subsequently be connected directly to a gravity sewer line connecting to a main sewer trunk line, making the lift station unnecessary, then the lift station may be abandoned and all of the equipment shall belong entirely to PNE or its assignee. 8. The duties and rights of PNE may be assigned by PNE to the Association. PACIFIC NORTHWEST ELECTRIC, Walter T. Sigmont,/,dr., Secret ice President EDMONDS CONSTRUCTION, INC. in Edmonds, President Page -3- • • STATE OF IDAHO COUNTY OF ADA ss. On this August 18, 1997, before me, Robert L. Aldridge, a Notary Public in and for said State, personally appeared Walter T. Sigmont, Jr. and Wirt Edmonds, known or identified to me to be the SecretaryNice President of Pacific Northwest Electric, InE. and the President of Edmonds Construction, Inc., respectively, and to be the persons whose names are attached to the foregoing instrument and acknowledged to me that said corporations executed the same. IN WITNESS WHEREOF, I have hereunto year in this Certifio~'~~fS~~jove written. +•~ .~ . ~ AUBL1G •.,~~q TE,~ F,'9,~~~. CITY s2F MERIDIAN official hand and Notary Pu daho Residing at Meridian Commission expires 7-1-2000 -fob rt D. Corrie, Mayor ````,,~~~,,,,nn,u,,,~~~'''' ~/I9'lsCr : ~ ~ • i William G. Berg, Jr., City er - S~~ _' ,~ `` ~~ z •, ~ `~vAfT~ ~ ~~• STATE OF IDAHO ) '~~~~''~~++,,,,,~„~~~`"~~~` ss. COUNTY OF ADA and On this August ~gfh 1997, before me, a Notary Public in and for said State, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and .City Clerk of the City of Meridian, respectively, and to be the persons whose names are attached to the foregoing instrument and acknowledged to me that they executed the same for said City of Meridian. Page -4- IN WITNESS WHEREOF, I have hereunto placed my official hand and seal the day and year in this Certificate first above written. ~, \ • .•`~~ C E ~ • ~'' >P~~s...®..~ ~a' ~'. e NAT ARy ~N'= = * ~A VQL~~ J- i~ Public for I aho nission expires d~.~/99 Page -5- 97072`f0`~ . _ _ _ ._ J'._ .iJ :.. ~. DEVELOPMENT AGREEMENT ~ n ~ ~~ v. Jf1 ,Y i._ „i1~1 %11.t~1 ~C~~~ ;:; '9? ScP `t rl ~ ~ 3 f ._ ~ ~-~ THIS AGREEMENT, made and entered into. this ~ND day of ~~ t , 1997, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and Edmonds Construction, Inc., and Pacific Northwest Electric, Inc., parties of the second part, hereinafter called the "DEVELOPER", whose address is 410 South Orchard. Suite 140, Boise, Idaho 83705. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" (Property), which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, §67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning and annexation of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, § 11-2-416 L, and one when land is annexed, when it is also rezoned, § 11-2-417 D; and WI-IEREAS, the DEVELOPER submitted and the CITY has approved an annexation and zoning to Low-density Residential (R-4) of the Property and has submitted a subdivision preliminary plat for said property which has been approved by the Meridian City Council; and WI~REAS, the DEVELOPER has made representations at the public hearings and meetings before the Meridian Planning ,and Zoning Commission and the Meridian City Council as to how the Property would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, the Findings of Fact and Conclusions of Law approved for the annexation of the Property required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the CITY, in the Findings of Fact and Conclusions of Law, annexed the Property subject to de-annexation if the DEVELOPER did not enter into a Developmenrt Agreement. ' 7/29/97 PACKARD SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 1 • NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its or their heirs, successors and assigns to this agreement, as a condition of the annexation of the area, as follows: That the above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this agreement cannot be altered, changed or modified without the express written consent of the CITY. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least one thousand four hundred (1,400) square feet of floor space, exclusive of garages. 3. That the Property shall have lot sizes of at least eight thousand (8,000) square feet, which is the size represented at the City hearings, and have no duplex units, townhouses, condominiums, or patio homes constructed on said Property. 4. That there shall be no change to increase the number of lots or decrease the size of lots as shown in the approved preliminary plat submitted as part of the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. .That DEVELOPER will file with the City Engineer a complete set of Subdivision Improvement Plans ("Improvement Plans") showing all streets, utilities, sidewalks, curbs, gutters, pressurized irrigation facilities, pumping stations, piping of irrigation ditches, fire hydrants, sewer and water lines and appurtenances (including extensions along. the exterior boundary of Property), electrical, gas and telephone lines, landscaping, drainage, street and other signage, barricades, and other such improvements contemplated within the development, which Improvement Plans and all improvements shown thereon shall meet the approval of the City Engineer. Said Improvement Plans shall be and are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all Subdivision Improvements, as well as arty and all other improvemerrts as reviewed and approved by the CITY.. . 7. That DEVELOPER will construct and install all Subdivision Improvements in strict accordance with a filed and approved plat and Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in erect at the time the construction of said improvements is accomplished. 7/29/97 PACKARD SUBDIVISION NO: 1 DEVELOPMENT AGREEMENT Page 2 That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and what improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Improvement Plans prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various streets, water and sewer lines, all utility lines, piped irrigation ditches, and pressurized .irrigation lines and their individual building service lines, sidewalk, curb and gutter alignment and grades, etc. The "corrected" Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. 10. That DEVELOPER shall, immediately upon the completion of phase(s) of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 11. That DEVELOPER agrees, upon a Finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, .welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will, within a reasonable time as determined by the CITY, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter deternunes to construct, and does construct such improvemerrt, the DEVELOPER will pay to the CITY the actual costs paid or incurred by the CITY for such improvements so constructed by the CITY, plus interest thereon at an annual interest rate equal to the prime interest rate of First Security Bank of Idaho l~us five percent (5.0%) until paid, said payment to be made in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the Finding set forth in this paragraph except at a regular or special meeting of the City Council, duly held, and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merit of the proposed Finding. 12. That DEVELOPER agrees that upon his, its or their having received written notification fiom the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of amr Certificate of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to arty parcel within such annexed 7/29/97 PACKARD SUBDIVISION NO: 1 DEVELOPMENT AGREEMENT Page 3 • • area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to.said parcel allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. That DEVELOPER agrees that as security for the construction by the DEVELOPER of the Subdivision Improvements, the CITY shall require from the DEVELOPER irrevocable letter(s) of credit, cash deposit(s), certified check(s), or negotiable bond(s) as allowed under Section 11-9-606 C of the Revised and Compiled Ordinances of the City of Meridian, and the CITY shall have the right to withhold a building permit with respect to any lot within the Property until the same is provided by the DEVELOPER. Said improvements shall include, but not be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage piping, pressurized imgation system, landscaping and berming, and fencing. 14. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the Property to contain debris prior to obtaining building permits, except where the CITY has expressly agreed in writing that such fencing is not necessary. 15. That DEVELOPER agrees that those portions of the water main or sanitary sewer lines, as identified in the Improvement Plans, requiring increased line size or capacity because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development, will be constructed by the DEVELOPER. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's entering into a laze comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work representing excess capacity. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 7/29/97 PACKARD SUBDIVISION NO: 1 DEVELOPMENT AGREEMENT Page 4 • 16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements aze completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in airy event, no Certificates of Occupancy shall be issued in any phase in which necessary improvements have not been installed, completed and accepted by the CITY. 17. That DEVELOPER agrees that any notice required by this Agreement shall be deemed delivered if and when personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY of Meridian: City Engineer City of Meridian 33 East Idaho Meridian, ID 83642 with copy to: Wayne G. Crookston, Jr. Fitzgerald, Crookston & Fitzgerald P. O. Box 427 Meridian, ID 83680 DEVELOPER: Edmonds Construction. Inc.. and Pacific Northwest. Inc. 410 S: Orchard. Suite 140 Boise, ID 83705 A party shall have the right to change its address by delivering to the other party a written notification thereof. The parties~may at any time hereafter modify or amend this Agreement by a subsequent written agreement executed by the parties. This Agreement shall not, however, be changed orally, nor shall it be deemed modified in any way by the act of any of the parties hereto. Nothing herein is intended, nor shall it be construed, as obligating a party to agree to any modification to this Agreement. 18. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 19. .All covenants and conditions set forth herein shall be appurtenant to and nin with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 20. This Agreement shall becbme~ valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 21. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, the Ordinances of the CITY of 7/29/97 PACKARD SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 5 • Meridian, and the Comprehensive Plan of the City of Meridian which was approved and adopted on January 4, 1994. DATED the date, month and year first appearing. DEVELOPER: EDMONDS CONSTRUCTION, Inc. B Wirt Edmonds, President PACIFIC NORTHWEST ELECTRIC, Inc. By Ruth Sigmont, President By ~ „~~~ j alter T. Sigm(5nt, Sectary ```````~~~~~~~a~~~~~JJJJJ' ~,~~,,. pF 1w1E=/~;_ :~,, ~~{,gyp '1', Sys ~s" BFAL ~' s ''/'' ~ J J I J J f l~',, `~ ~~``,~ CITY OF MERIDIAN By C~SertrD. Corrie, Mayor B illiam G. Berg, Jr., City Cl 7/29/97 PACKARD SUBDIVISION NO: 1 DEVELOPMENT AGREEMENT Page 6 . • STATE OF IDAHO ) County of Ada ss. On this ~= day o , 199?, before me, the undersigned, a Notary Public in and for said State, personally ap ed in Edmonds. known or proved to me to be the President of Edmonds Construction, Inc., the corporation that executed this instrument, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have and year in this certificate first above writ ~~. ~~......~ 1 '.. ~ ~~ ~®T AR ~,, ms's ~ • . ..~~. • SE *: G =*~ ~ ~ ~ pUBL1 ~. Jj,~. ••~~~0 ,c. ~~'•T~ OF 19Q;~•~. •~~///ltlllllll`, STATE OF IDAHO ) County of Ada ss. the day Notary Public ford c Residing at: ~•-..-. My Commission Expires:T / -_~er~l tx- On this ~a `may of 1997, before me, the undersigned, a Notary Public in and for said State, personally app ed th Ann Si~mont and Walter T. Sigmont,~ known or proved to me to be the President and Secretary, respectively, of said corporation that executed this instrument, and acknowledged to me that they executed the same on behalf of said corporation. . IN WITNESS WI~REOF, I have hereunto and year in this certificate first above written.. ,l~lll///l//~, o ~ L • LD ~. (SEAL) : ~ r ,~oTAR Y ;~' .~.~ Z .* = :* ~'UB1'SG .' :~~ .•O.~ 9T .~A,,. '~.,~ B O F I ~~.• •••Il/llll•ll. ial seal, the day Notary Public for o Residing at: ~,.~ ~VIy Commission Expires:T_~ ~'rt.~) PACKARD SUBDIVISION NO: 1 DEVELOPMENT AGREEMENT 7/29/97 Page 7 • STATE OF IDAHO ) County of Ada ss. On this ~ day of ~P P~ bar 1997, before me, the undersigned, a Notary Public in and for said State, personally app ed ROBERT D. CORRIE and WII.,LIAM G. BERG, JR, lmown to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN~WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. IIIIIIIIIIIf 1II~~I .•~ ~ p,•se,...,, 9 ~. .~ ®" ~ ~pT~J~~ ; (SEAL) ~" ~~ ~ ~ ~ ~~' ,~ * : ~~ ~ /lli~ Gblic for Idaho at: ~' ~ 4h mission Expires: D~' Da 7/29/97 PACKARD SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 8 TE Y'S LAND 109 South 4'" Stree oise, Idaho $s~o2 S VEYlNG (208)os3s Fax (208) 385-0696 ~~ a r~XH ihtl Project No.: 1290 Date: September 15, 1994 Revised: June 9, 1995 DESCRIPTION FOR PACKARD PROPERTY -ANNEXATION PARCEL A pazcel of land being the NW 1/4 SE 1/4 of Section 5, T.3N., R.IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the South 1/4 corner of said Section 5, a point marked by a brass cap; thence along the North-South center of section line of said Section 5 North 0°27' 1 ~" East 1312.52 feet to the Southwest corner of the said NW 1/4 of the SE 1/4, THE POINT OF BEGINNING mazked by a 5/8" iron pin, said point also being the Southeast corner of Wingate Subdivision No. l; thence continuing along the North-South center of section line said line also being the East line of Wingate Subdivision No. 1 and Kearney Place Subdivision No. 3 North 0°27' 15" East 1312.52 feet to the Northwest corner of said NW 1/4 of the SE 1/4, marked by a 5/8" iron pin said corner being the Northeast corner of Kearney Place Subdivision No. 3 also being the center of section of said Section 5; thence along the North line of said NW 1/4 of the SE 1/4 South 89°40'20" East 1324.78 feet to the Northeast corner of said NW 1/4 of the SE 1/4, mazked by a 5/8" iron pin; thence along the East line of said NW 1/4 of the SE 1/4 South 0°30'47" West 1310.88 feet to the Southeast corner of said NW 1/4 of the SE 1/4, marked by a 5/8" iron pin; thence along the South line of said NW 1/4 of the SE 1/4 North 89°44'36" West 1323.43 feet to THE POINT OF BEGINNING, Said parcel contains 39.87 acres, more or less. ~~' I..41!.-~~ 4~ ~-E~`~ ~~ ~ ~ '•~~., ~ ~ ~~7~ ,o9'9j~ OF l~~ti~. EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND EDMONDS CONSTRUCTION. Inc., and PACIFIC NORTHWEST ELECTRIC. Inc. This subdivision is for 125 single-family dwelling units on 39.87 acres (Exhibit "A") with an overall density of 3.14 dwelling units per acre. The DEVELOPER shall: Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, unless downstream water users and the irrigation district determine they can be abandoned or a variance is granted by the CITY. Tiling shall take place in such a manner that the water rights of downstream water users are not compromised. CITY has agreed that tiling may take place in phases unless proper maintenance of ditches crossing unplatted Property does not take place, in which case tiling of all ditches affected by the entire 39.87 acres will be required. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines, as well as extending and constricting water and sewer line extensions through the property. 3. Construct curbs, gutters, sidewalks and streets to and within the property. 4. Pay any development, impact or transfer fee adopted by the CITY. 5. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law, the Ordinances of the CITY, and representations made by DEVELOPER during the approval process. 6. Construct and install pressurized imgation to all lots within this subdivision prior to applying for building permits and submit evidence of approvals from appropriate irrigation district and downstream water users prior to applying for building permits. 7. Provide pedestrian walkways in accordance with Meridian City Ordinance §11-9-605 C. 8. Provide. detailed landscaping plans for approval for all common areas prior to signature on the final plat and construct such improvements prior to obtaining any Certificate of Occupancy; provide a letter of credit, cash, or appropriate bonding prior to signature on the final plat; provide for maintenance of all berms and common areas by the Homeowners Association. 9. Construct sewage lift station to City standards and enter into a maintenance agreement with the City of Meridian, under teens and conditions to be approved by the Public Works EXI-IIBIT "B" 7/29/97 PACKARD SUBDIVISION NO: 1 DEVELOPMENT AGREEMENT Page 1 of 2 Department, prior to obtaining building permits; prepare and submit proposed agreement for review by the Meridian Public Works Director prior to signature on the final plat. 10. Petition the City Council for amendment to this development agreement at such time as future phases of Packard Subdivision are proposed to incorporate specific requirements. 11. Constrict permanent, six-foot-high, non-combustible perimeter fencing prior to applying for buildling permits, except where the City has expressly agreed in writing that such fencing is not necessary. 12. Comply with the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning Director, Ada County Highway District (hereafter "ACRD"), Central District Health Department and the Nampa-Meridian Irrigation District. EXHIBIT "B" 7/29/97 PACKARD SUBDIVISION NO. 1 DEVELOPMENT AGREEMENT Page 2 of 2 EXHIBIT "C" EXECUTED LIFT STATION AGREEMENT 7/29/97 PACKARD SUBDIVISION NO. I DEVELOPMENT AGREEMENT Meridian City Council • May 6, 1997 Page 40 Alleman: I thought that is the way it was going to be on Saunders and they didn't open it up for the public. Corrie: This one will be. Alleman: Thank you Corrie: It is a continued public hearing so you will want to be here in two weeks to give testimony. Is there anybody else who would like to issue testimony at this time (inaudible). Council I will entertain a motion Morrow. So moved Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to continue the public hearing on item #9 the preliminary plat, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PNE/EDMONDS CONSTRUCTION: DISCUSSION OF PACKARD NO. 1 SUBDIVISION CONDITION OF APPROVAL ITEM 3: Corrie: I think this is a discussion about tiling all ditches prior to any phasing done. Tealey: Yes, the staff felt since it was brought up at the meeting by someone from the public that wanted all of the ditches surrounding Packard No. 1 to be tiled before as part of our first phase that it should be made a condition. Evidently there was some confusion or a misstatement certainly that a representative of the developer that said yes we will the all ditches as part of this first phase What we want to do is the all the ditches as each phase is constructed as a standard practice of any subdivision. In other words, where the ditch borders our property we will pipe it and that is the way we designed it. For some reason it got entered into as Item #3 that we should pipe all the ditches around all the 40 acres as part of the first phase. Maybe Shari can shed some light on that, she evidentially picked that out of the public testimony on Packard No. 1 approval is that correct Shari? Stiles: Mr. Mayor and Council, it was my recollection that an indication had been made at the. public hearings that was no problem. But I am unable to find anything in the minutes that says that whether it was Ted turning to the developer and them nodding their head. I don't know what it was but that was always my belief is that they had agreed to that so that was why that was in my comment was that they should the all the ditches and then when the plat was approved it was approved with all staff conditions. Meridian City Council May 6, 1997 Page 41 So rather than, I don't want it to be me that says okay don't or if Council wants to lift that requirement but I consider that to be a condition of the plat. Morrow. Mr. Mayor, let me ask you both this is that could this have been an issue with respect to, is this part of the thing where we had three subdivisions coming together with a common pressurized system and could this have been part of that issue by any chance? Stiles: I think it was more of an issue of the major problems we have had with the ditches in that area. Tealey: It was a direct result yes of all of the ditches coming together in that area and Mr. Brian's concerns of his flows for his ditch. In the whole Dove Meadows and Fred Meyers, Wingate Lane, Packard Subdivision ditch problem. We will pipe the ditches as they go by our phases but it would be quite onerous to pipe atl the ditches around the 40 acres as part of the first phase. Corrie: Question Gary, would there be any problems downstream with some of these people if you do it in phases like that when it is all under pressurized irrigation. Tealey: This is not the pressurized irrigation. Morrow. This is ditches that service other people, maybe, ask Don Brian. Corrie: Don, this is not a public hearing but would you come up and please? Brian: Let me shed some light on this, I came to Planning and. Zoning meeting and I came to the City Council meeting and I went through all of the phases as you well know. I was the one that brought this issue up and that is where the issue came from. It was during the mess of Dove Meadows and Avest and all of the problems we had moving the ditches and nobody taking care of the ditches and dirty ditches. I tried to get a commitment from the developer to bury everything at once. So we will avoid all that problems of doing phases like doing the first phase and I don't know when second or third or how many phases they have or when it is gong to be. So I testified to that fact at that time at the Planning and Zoning or the City Council they asked the developer if he had a problem with that and he said no he did not. Now whether that was his misunderstanding or whose I don't know. But he agreed to do that at that time and that is how it came into .the records. Then I have a copy of the minutes of those proceedings stating it is not stating that he nodded his head and said yes, it is stating that the Council moved on the conditions set forth from the staff to burying the ditches all at once at the onset of construction. That is where that came initiated from. Rountree: You had another issue to with the access to some kind of diversion structure or check box. Meridian City Council May 6, 1997 Page 42 Brian: The access, they have the road designed to the head gate they are taking care of that part if they have the same plat that I looked at. Morrow. Don, may I ask a question when was that the date of that, was that in 1995 or 1996? Brian: The meeting, July 10, 1996. Morrow: I guess my question is that obviously there has been no construction on this site are the ditches being maintained now so that those of you that use water have access to the water? Brian: They have buried the ditch in phase one, they have gone through phase one and buried the ditch. What is left open, I haven't been out there since the last Council meeting or Planning and Zoning meeting but I went out there prior to the water coming into the ditch and it had not been cleaned, I think it might have been buried behind there. I don't know what the condition. I get my water, I get more water now then I ever have before. I have good access to the irrigation. What I am concerned about is future and they have approached me and wanted me to change my delivery, my water delivery downstream to a different head gate which would eliminate that long run of my lateral coming down to feed me. I talked to the developers and also Dan Woods of Kearney Meadows and he explained to me what was going on. I feel that I do not want to change my .water delivery because then it would go through the pressurized irrigation system set up for those three subdivisions. So I would be coming out of the overflow from the 300 pressurized households operating off of that system. Nobody I talked to knew anything about that system and I need to talk to Bill Henson.with Nampa Meridian Irrigation to find out about that system. I haven't contacted him yet but I just don't like the idea of going through there on a peak watering day when everybody is pumping out (inaudible) do I have left to water with. I feel I need to have my own source where it is has been for all of the years. So I don't think that is a viable option of going to a different head gate because of the fact that ten years down the road it may not be suffice, not so much in the near future but in the distant future. But that is where that all transpired and so when I came down to the City Hall after they buried the ditch and pointed out that they agreed to do the whole thing that is when this whole thing started and has gotten to this point. Rountree: Did you say you think it has all been buried at this point in time at least the delivery system? Brian: No it hasn't been all buried, it has been all tiled just at phase one but I don't know how far they went from phase. I have a section of ditch, Pat can tell you more about this but I .have a section of ditch that they have tiled and then there is an open area and then there is existing underground tiling of something that happened in the past and then it is Meridian City Council May 6, 1997 Page 43 open again. So it is spotty and I don't know how much additional footage they have to bury to complete the whole thing. Mr. Tealey probably knows all of that information. Do you have anymore questions? Tealey: There was definitely some confusion if that is what came out of Mr. Brian's testimony. We did not, I did not agree to it, I don't think I was the one that was present at the meeting I think it was Mr. Ted Hutchinson. I can't imagine him saying that we will go and the all the ditches for you, that would be a great idea. We will the the ditches as the phases are completed. Don gets his water now and as he said he gets more water than he can use. We have buried the first part of the ditch some 700 feet in the first phase. As we construct the next phases we will the the ditch as it goes by the phases. If he wants us to go out and clean the ditches we will go out and clean the ditches. I don't believe there is any interruption and we don't propose any interruption of his water to his property. I know we would hear the next day or probably the same day if anything did happen if anything did plug the pipe. I know the communication is open so if that is the case we will definitely deal with it. As you know this was quite a tough situation when Fred Meyer, Avest, Dove Meadows and Wingate and all of us got together and finally got that situation solved. But that again isn't part of what we are talking about. What we are trying to do is to amend that condition to read as it goes by the phases not the whole 40 acres. That was certainly our intention when this came up. Shari was saying, I don't know where to find those comments in the record. Maybe if Don has a copy of them I can see them. Corrie: Council, I guess you can either address it now or address it in your findings. Morrow. I don't think this applies to findings. I think the issue here in my mind is that is it an honest mistake that was made, it doesn't matter I guess who made it. The point is that the requirement was there that all staff conditions be met and so the issue that we have to decide is that whether we as a Council want to make a change from what was originally approved. Crookston: Might I add a comment, I am not aware of whether it is in the findings or not. It could be, the original findings on Packard No. 1. If the statement was made on July 10, 1996 I really don't see how that would be involved on the findings on the annexation. (Inaudible) of which there are no findings on plats. I think that the findings on that annexation were done in 1994 or 1995. It could very well be in the minutes and hopefully it is. Corrie: Well it is somewhere on the July 10t" minutes. Brian: June 20,1995 was my testimony. Crookston: What was the date that you mentioned about July 10, 1996? Meridian City Council • May 6, 1997 Page 44 Brian: That was the final plat for Packard No. 1 and Mr. Tealey's comments on the, Mr. Tealey said okay, and we are willing to accept that condition of approval. The other one would be the piping of the ditches around the perimeter of the 40 acres. We are proposing and we always have proposed-and if there is any misunderstanding than this is exactly what it was. That we will pipe the ditches as we develop the phase. It is just economically infeasible to pipe every ditch on a 40 acre site let alone proposing to the develop the first five or six acres. Then we went on to Mr. Morrow said that "Mr. Mayor I move that we approve the final plat for Packard Subdivision No. 1 subject to all staff conditions and it was seconded by Mr. Rountree, Motion Carried -All Yea. And that is how it came about. (Inaudible) they approved the motion to staff conditions not, they didn't eliminate that staff conditions. Morrow. So Shari help us here was the staff condition, where does the staff condition come that all of the this was to be tiled at the same time. Did we have that in writing someplace? Or was that based on prior testimony (inaudible) wasn't agreed to by Mr. Tealey. Stiles: Councilman Morrow, Mayor and Council that was my understanding of what had taken place in the prior hearings. That was in my staff comments on the final plat to make that a requirement that they do that. Tealey: It was Mr. Hutchinson up here talking and Mr. Sigmont that was sitting right there and nodding his head and saying yes. In order to take care of this maybe I can make a proposal as to (End of Tape) Corrie: Do you want to state what you would like for us to do and then we can decide. Tealey: I would recommend to you gentlemen that maybe we can eliminate this problem and proceed with other city business by setting a time limit. May I suggest 12 months to do the entire piping of the ditches in phasing. Rountree: Are you talking about all of the ditches? Tealey: That pertain to me, the laterals that pertain to me. Corrie: Do we know if we have any other people that are involved in ditches? Tealey: And they promise to keep them clean. Morrow. So Pat how many lineal feet of ditch that remains to be tiled? Tealey: About a %a mile 1320 feet. Morrow: Does that spread over 2 or 3 phases? Meridian City Council May 6, 1997 Page 45 Tealey: (Inaudible) Morrow. (Inaudible) I guess from my perspective I don't know that in phasing that it is reasonable to expect Don that four phases will be done in a space of a year, phasing is motivated by sales. I think the issue is clearly there is some confusion as to what needs to be done or what the intent was to do on the part of the developer. What the intent was to do as our staff had believed the development folk had agreed to. So the issue here in my mind is that probably it is fair to have the development irrigation done in phases subject to those phases or subject to the ditch being clean and serviceable. If it becomes non-serviceable then at that point in time have some sort or caveat that kicks in and says you will the all the ditches because you failed in keeping them clean. So, I think that is the point I have for discussion from my perspective. Bentley: Mr. Mayor, I would agree with that solution but I would like to point out to Mr. Tealey even though you say and Don has said he has more water than he has had in a long time, everybody in the Valley has more water than they have had in a long time because of the fact that they are pumping the river so high. The optimum thing here is that he keeps his getting a good flow of water through this whole construction phase. Corrie: Anybody else want to comment at this point before you make a decision? Shari? Stiles: Mr. Mayor and Council the development agreement for Packard No. 1 has not even been drafted yet so we can easily include that language in the development agreement. Corrie: Does that meet with the Council's approval then? If it does I have to have a motion. Morrow. It has to be a motion to incorporate it within it, but I think it certainly meets with the criteria that it be in writing so that everybody understands what it is they are agreeing to this time. Corrie: When would that development agreement come to hand? Tealey: (Inaudible) Corrie: So we do have it then. Stiles: We received a very rough draft that basically had no conditions in it. Basically it was using our master document that had just vague lines. Corrie: Who has it now? Meridian City Council May 6, 1997 Page 46 Stiles: The City has it. Corrie: Maybe Pat you need to .get there and make sure we get everything together and make sure the attorney can do it as soon as we can. Tealey: That was my understanding we gave to them with the conditions that we got out of the findings of fact. My direct statement to the Planning staff was is there anything in here that you want extra you put it in and we'll get it drafted and get it back to you and get it signed. Crookston: That is something that Wayne and I need to sit down and go over. Corrie: I will entertain a motion. Morrow. Mr. Mayor, I would move that we remove from the final plat approval of Packard No. 1 the requirement for all ditches to be tiled prior to construction of each phase and insert in .their language that says the ditches can be covered with each phase being constructed unless there is an obstruction in the water and the ditches are not clean and kept clean so that the downstream user can use the water unimpeded if that happens then the requirement would be to the all the ditches at that point in time. That determination would be made by the Mayor and Council in a public meeting. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree in reference to the tiling of ditches, any further discussion? Hearing none, all those in favor? .Opposed? MOTION CARRIED: All Yea ITEM #11: STEPHEN MADER: APPEAL DECISION BY FENCE VARIANCE COMMITTEE: Corrie: How should we proceed here, 2539 S. Bayou Bar is my residence, I have been there since October. I was aware of the fence requirements upon moving in, my realtor had given me a sheet that the City hands out here. I saw there was a 20 foot setback off the curb, I was aware of that. My wife had talked to my neighbor behind me his name is Bob Goehner, he had told her that he received a variance permit from the City to put his fence at 14 feet from the curb. So I came down and got the information for applying for this variance permit and at the time I asked the gal do I have to pay for this up front and she said you have to pay whether you win or lose. I said what are my chances here. At that point she mentioned the variance committee was pretty much holding at 10 feet back of the curb line. Based on my neighbor and based on that information I pretty much plan on, I got the application and paid the $50, at that point I was turned down. Meridian City Council ~ • June 3, 1997 Page 15 required 1400 square feet. Item 16, all plans and specs indicated that the house was going to be 1400 square feet, when it was completed and the final appraisal was done the inspector measured the entire house and at the time discovered that the house was 32 square feet short of a planned 1400 square foot home. That is really all that we have (inaudible). Thompson: That is neither here nor there, that was my main concern was would it do anything to the value of our home. Corrie: Thank you Eric, anybody else from the public that would like to issue testimony at this time? Council, discussion or questions of staff? Morrow: Mr. Mayor, I guess my only comment here is that based on the information that we have been given by Mrs. Ard it seems to me that it does constitute a hardship and it was a question where none of this was caused by her. The bottom line is the builder is having a tough time with the tape measure and calculating square footage which I am sure will never happen again. So that being the case I don't have a problem with this variance. Rountree: I just have a question for Mr. Morrow that at the issuance of a building permit the plans are reviewed and the square footages are rough checked and we are a party to this as well Corrie: With that comment I will close the public hearing, Council your decision? Bentley: Mr. Mayor, I would move that we instruct the City Attorney to prepare findings for a variance for Winnie Ard for 447 E. Baldwin Street, Lot 6, block 4 Bedford Place. Morrow: Second Corrie: Motion made by Mr. Bentley, second by Mr. Morrow to ask for findings of fact and conclusions of law be drawn up by the City Attomey, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: TIME EXTENSION ON RECORDING FINAL PLAT FOR PACKARD SUBDIVISION N0. 1 PHASE 1: Corrie: Is there any representative from Packard here to give us some information on this extension? Shari? Stiles: Mr. Mayor and Council they have made the request for an extension for the ordinance they are allowed a one time extension on recording a final plat. They are required to record the final plat within one year of the approval and that will be in June. I Meridian City Council June 3, 1997 Page 16 understand the developer is trying to complete some of the improvements prior to recording it so they won't be bonding for as many improvements. They just was to complete the project first. That may not get done by this month. The other part of the ordinance that they need a time extension on is that they submit phase 2 of Packard Subdivision No. 1. That is required to submitted in phases of one year. They also are not going to be able to meet that deadline so they have asked for an additional year to submit phase 2 on that. Morrow: That covers both the agenda items then 11 and 12? Stiles: Yes Corrie: They are asking for a year on both? Stiles: Yes Corrie: Council with your permission we will do 11 and 12 together. Morrow: Mr. Mayor, I would move that we grant the extensions of one year for both items 11 and 12 from the effective date (inaudible). Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to extend one year the date or the extension of the Packard Subdivision No. 1 phase 1 and No. 1 phase 2. Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM#13: LAMONT KOUBA: LOT SPLIT FOR 835 E. FAIRVIEW AVENUE. Corrie: Is Mr. Kouba here? Daugherty: My name is Bob Daugherty I am with Johnson Land Surveying and we are here tonight on behalf of Mr. Lamont Kouba. We had previously been approved a conditional use permit 9-96 for a piece of property situated at 835 East Fairview Avenue. As you may recall there was a single family residence located on the premises which was in between Rountree Chevrolet and Meridian Auto Sales. Mr. Kouba's intentions were to construct a retail facility on the northern portion of that property and the southern portion was going to be conceptual in nature and geared towards the automotive industry service type businesses. Since that time Mr. Kouba has entered into a sales agreement with two individuals, a Mr. Steve Lyons and Steve Bainbridge to sell off the northern portion of that property where the retail facility was going to be placed. Their intention is to build or construct a full service car wash with fuel facilities. A conditional use permit application has already been filed and has going through the C~ MERIDIAN CITY COUNCIL MEETING: June 3.1997 APPLICANT: ITEM NUMBER; 11 8~ 12 REQUEST: TIME EXTENSION FOR PACKARD SUBDMSION N0.1 PHASE 1 AND PHASE 2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~ ,~ ~~ (~ .~ ~~` OTHER: All Materials presented at public meetings shall become property of the City of Meridian. TE~.EY'S LAND 109 South 4'" Streoise, idano s3~o2 SURVEYING (208) 5-os3s Fax (208) 385-0696 May 19, 1997 City of Meridian 33 East Idaho Meridian, Idaho 83642 Attn: Shari Stiles RE: PACKARD SUBDIVISION NO. 1 TIME EXTENSION Dear Shari; 1~CEIVED MAC' 2 1 191 t7fY OF I~~ID~AH The developers afPaeka~d Subdivision No. 1 aYe hereby requesting a time extension for the plat of Phase 1 of Packard Subdivision No. 1. The subdivision is being constructed at this time, the pressurized irrigation system is complete and sewer construction has started. However, we will not be able to complete road improvements by the June deadline. Please place the request for time extension on the next available council meeting. Also, per our phone conversation, Phase 2 will also require a time extension. Please call at your earliest convenience if you should have any questions. Respectfully, Patrick A. Tealey Tealey's Land Surveying P.L.S. No. 4347 May 19, 1997 I~~EIVED T EY'S LAND 109 South 4'^ Stre Boise, Idaho 83702 RVEYI N G (2085-0636 Fax (208) 385-0696 City of Meridian 33 East Idaho Meridian, Idaho 83642 Attn: Shari Stiles RE: PACKARD SUBDIVISION NO. 1 TIME EXTENSION Deaz Shari; MAC 2 1 1y91 Cl'CY QI~ ~ir.~IDIA1~1 The developers of Packard Subdivision No. 1 are hereby requesting a time extension for the plat of Phase 1 of Packazd Subdivision No. 1. The subdivision is being constructed at this time, the pressurized irrigation system is complete and sewer construction has started. However, we will not be able to complete road improvements by the June deadline. Please place the request for time extension on the next available council meeting. Also, per our phone conversation, Phase 2 will also require a time extension. Please call at your eazliest convenience if you should have any questions. Respectfully, Patrick A. Tealey Tealey's Land Surveying P.L.S. No. 4347 ~ r MERIDIAN CITY COUNCIL MEETING: Mav 6.1997 APPLICANT: PNE/EDMONDS CONSTRUCTION ITEM NUMBER; 10 REQUEST: DISCUSSION OF PACKARAD N0.1 SUBDNISION CONDITION OF APPROVAL ITEM 3 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~~ p ~S~ y~,~, y b'~ Y~`~•~~ k~~visw',,w~ i~`~~ ~ d OTHER: All Materials presented at public meetings shall become property of the City of Meridian. r April 10, 1997 TEA~Y'S LAND 109 South 4"' Street ~ise, Idaho 83702 SURVEYING (208) 3 s3s Fax (208) 385-069s City of Meridian 33 East Idaho Meridian, Idaho 83642 Attn: Mayor and City Council RE: PACtCARD ~jJ$DT~,7TC2(~t~? term, 1 - CONDITION CF APPROVAL ITEM 3 Dear Mayor & City Council; The developer of Packard Subdivisipn No. 1 would like to address the condition of approval item no. 3 at~ your next available meeting. In a letter from Shari Stiles dated April 4, 1997 (attached) we were made aware of this condition and wish to revise it. Item 3 apparently states that."ALL ditches would be tiled prior to beginning construction and not left to be done in phases." This was never the intention of the developer, they will the the ditches in conjunction with the phases of i~he subdivision as is the standard practice. Thank you for your consideration on this subject. If we can be of any assistance please call at the earliest convenience. R pectfully, Patri~ A. Teale Y Tealey' s Land Sur`=el i ng P.L.S. No. 4347 APR 04 '97 14 59 FR C~ OF MERIDIAN 208 887 4813 TO 696 ~ ~ HUB OF TRF4SURE YALLEY MLLIAM G_ BERG, JR., Clly Clerk JANK:E L SFAI1'H, CMy Treasurer QARY D. SMfi}i, P.E, City Ertpir>aer BAIICE b. STUANT, Water Works Supt JOHN T sHAWCA0F1; waste water sups DENNIS J. SUMMERS, Parks Supt. SHARI L STILES, P i Z Administrata PATTY A VIfOLFIgEI, OMV Sup~Msor KENNETH W. BOWERS, Fire Ch1e1 W.L. "BILL' GORDON, Pdire CMaf WAYNE G. CROOKSTON, JR., Atlomey A Good Place to Live CI'I'Y OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 688433 • FAX (208) 887.4813 Public Worka/Buitdios Departrr~est (20S) SS7-2211 Motor vehicle/Ddvat License (208) 888~4d3 xosnrrrn. coRwE Mayor Apri14, 1997 Pat Tealey, L, S. Tealey Land Surveying 109 South 4th Street Boise, Idaho 83702 Re: Packard Subdivision Dear Pat: P.02i02 nn x~±u ueuaene WALT W MORRa1N, PnsmeM RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P ~ Z C~MMI4 ION JIM JOHNSON, CHaimtan TIM HEPPER JIM SHEAgER GREG OSLUND MALCOLM MAOCOY It was brought to our attention that item 3 of the Final Plat comments from the P & Z Administrator stated "applicant testified in presentations to the City Council that ~~11 ditches would be tiled prior to beginning construction and not left to be done in phases". Following your testimony at the Final Piat hearing the City Council moved to approve the Erna! Plat subject to all stail'conditions. There was nothing in the motion to indicate to sta#fthat Item 3 had been modified or deleted from the staffconditions. Therefore unless we are instructed by action of the City Council, Item 3 will be considered as a condition of the Plat approval. Per my discussion with David Marks Apri14, 1997 we feel that the preconstruction conference may proceed, with the condition that an irrigation plan will be developed and submitted for review with construction to follow prior to Piat signature by the City Engineer. In the event that you have any information contrary to the information in our file please promptly notify me. Sin/~cerely; /T ~ C~~~ Rick Clinton cc: Councilman Morrow Gary Smith, P.E. Shari Stiles File sl 04/11/1997 08:12 208-385-0696 TEALEY'S LAND SURVEY TE~EY'S LAND 109 South 4'" Stree~oise, Idaho 83702 SURVEYING (208) 385-os3s Fax (208) 385-0696 April 10, 1997 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE~E~vED A pR 1 4 1997 +~IT1~ OAF vIERIDIAN Attn: Mayor and City council REt PACKARD SUBDIVISION NO. 1 - CONDITION OF APPROVAL ITEM 3 Dear Mayor & City Council; PAGE 02 The developer of Packard Subdivision No. 1 would like to address the condition of approval item no. 3 at your next available meeting. In a letter from Shari Stiles dated April 4, 1997 (attached) we were made aware of this condition and wish to revise it. Item 3 apparently states that "ALL ditches would be tiled prior to beginning construction and not left to be done in phases." This was never the intention of the developer, they will the the ditches in conjunction with the phases of the subdivision as is the standard practice. Thank you for your consideration on this subject. If we can be of any assistance please call at the earliest convenience. R pectfully, Patrick ~. Tealey Tealey's band Surveying P.L.S. No. 4347 APR 11 '9? 09 13 208 385-0696 PAGE.02 04/11/1997 08:12 208-385-0696 APR 04 ' 97 14; 59 FR C~ OF I'~RI D IAN ,vIwAM G. eEao, JW., C'Ity Gant JANiCE L SMI7FI, qty Reaavrer Or-R'Y D, 3MrI1.1, P.E, tJBy Fimitw6r BIiIICE D, BTUART, wear WtNks Supt. JOFIN T. t;HAWCROF7 Waeb Water Supt DENNIS J. 816JMMER6, PeAra Supl 8HAR1 L STILES. P a z Adminbttator PAM A. WOLFIdBiL, t~1JVSupeMrer KENNETH W. E-t)WEaS.19ro Cy+iel W.L, '8111.x• 60Rt70N, Pdbe GNer wArNE rx cxwolcSTON, JR., Atton+er TEALEY'S LAND SURVEY 208 68? 4813 TO 3E~96 HUB OF TREASURE YAl~EY A Good Place to Live CI~'Y OF 1VIERIDIAN 33 FAST IDAHO MEI;tIDrAN, IDAHO 8362 Ptgne (208) 868-433 • FAX (208) 88~~4813 Public WorkelBvildioBAcpecaneat (208) 687x211 Motor V.bideJDrivers licenct 4206) 888-4443 ROBERT A. CORRtE ~Ya' Apri14, 1997 Pat Tealey, L.S. Tealey Land Surveying 109 South 4th Street Boise, Idaho 83702 Re: Packard Subdivision Dear Pat: PAG P.02i02 dry ~Nru uRUgFac wntTw, MOaaow, Pntvtlant aoN~ln a TOIBMA cNAR1FS u. IaouNTa~ oIaHN a BENn.E~r P a t con~ws~loN JIM JONN50N, t7M11ituH 71M HEPPER JIM SM!~-g8!R GREG OSIAINO MALGOLM MACCOY It was brought to our attention that ittgn 3 of the Final Plat comments from the P & Z Adtninistzator stated " applicant testified in presentations to the City Council that ~1 ditches would be tiled prior to beginning constntction and not left to be done in phases". Fogowiug your testimony at the Final Plat hearing the City Council moved to approve the final Plat subject to all staff' conditions. There was nothing in the motion to indicate to staff that Item 3 had beer[ modified or deleted firm the staffconditions. Therefore unless we are instructed b'Y action of the City Council, item 3 will be considered as a condition of the Plat approval. Per my diswssion with David Marks April 4, 1997 we feel that the pt~eoonstruction conference may proceed, with the condition that art irrigation plan will be developed and submitted for review with cotiShuction to follow prior to Plat signature by the City Engineer. In the event that you have any informstiort contrary to the information in ow Sly please promptly notify me, ' Sincerely; /~~ ~~ L':~% Rick Clinton cc: Counciltnan Morrow Gary Smith,l'.E. Shari Stiles File S1 APR 11 '9? 09 14 208 385-0696 PAGE.03 fie{ Meridian City Council July 10, 1996 Page 4 - Now don't be giving me the fish eye I am not an engineer. Corrie: Any further questions from the Council? Rountree: Just a question for staff? Gary or Shari have all of your issues been addressed? Smith: Mr. Rountree, from my standpoint yes. Stiles: Yes they have. Corrie: Any further questions from Council? I will entertain a motion on the preliminary plat. Morrow. Mr. Mayor, I would move that we approve the preliminary plat for the Lake at Cherry Lane No. 6 by Steiner Development. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the preliminary plat for the Lake at Cherry Lane No. 6 by Steiner Development be approved, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED JUNE 18, 1996: FINAL PLAT FOR PACKARD SUBDIVISION NO. 1 BY PNE/EDMONDS CONSTRUCTION: Corrie: Is there a representative from Packard Subdivision? Tealy: Mr. Mayor, members of the council, my name is Pat Tealy I am representing the applicant for Packard Subdivision No. 1. Hopefully after all of these delays we have gotten the conditions met for the final plat approval. We submitted everything that was asked for I believe. There are two items in question that I got feed back. on. Number one is the development agreement, we submitted the development agreement that evidently it has not, there are questions that the staff has about the development agreement we don't know the specifics of what they are but we are willing to address that and make that a condition of the final approval. What we did is take the development agreement as provided to us by the City of Meridian and filled in the blanks and submitted it back to the City. It was reviewed by the applicant's attorney and submitted back to the City. I believe the staff may have concerns with the development agreement, is that correct Shari or questions about portions of it? .~. ! ~ Meridian City Council July 10, 1996 Page 5 Stiles: It really should be handled byCounsel and myself at this point but we can use what you submitted. Tealey: Okay, and we are willing to accept that as a condition of approval. The other one would be the piping of the ditches around the total perimeter of the 40 acres. We are proposing and we always have proposed and if there is any misunderstanding that is exactly what it was. That we will pipe the ditches as we develop the phase it is just economically unfeasible to pipe every ditch on a 40 acre site let alone proposing to develop the first 5 or 6 acres. We will certainly pipe the ditches in accordance with the City of Meridian ordinance as the phases progress. Corrie: Council, any questions? Morrow. I guess I have a question Mr. Mayor, perhaps I didn't quite understand that, the pressurized irrigation system for this subdivision is part of the three subdivision irrigation system is that correct? Tealey: That is correct and it either has been approved or is being approved by Nampa Meridian and was submitted to them on May 16. We are proposing that Packard Subdivision, Wingate Subdivision and Dove Meadows No. 2 be part of a common irrigation system. It has been designed and submitted and we are waiting for approval. Morrow: My next question as a follow up to that is that as you know we have labored long to protect Mr. Brian's interest ire terms of irrigation. There seems to be some common boundary between Dove Meadows and Packard, has that issue been resolved in terms of the location of that ditch and the servicing of Mr. Brian? Tealey: I believe it has, that ditch is being piped as part of, Mr. Leader will be here to address that portion of it in Dove Meadows which is later on the agenda. Right now it is being constructed and piped ~:n accordance with the plan that has been submitted fa. that, that whole area there has been a subject, a sore subject for the City of Meridian. (believe - we are carrying out that plan with our plans and I think Mr. Brian is in agreement with that. We are reconstructing the delivery system and the piping all of the ditches in the area. However, I think there was some confusion as to whether or not we have a 40 acre parcel there that has been preliminary plat approved and somehow the comment was that we are going to pipe all the ditches around that whole 40 acre parcel. We can't really do that, we can do it in phases as we develop and get the money to do those things. Somehow there is some misunderstanding there was a comment made that a condition of the approval was that we pipe the whole 40 acre system and that was a misunderstanding. We are piping all of the stuff that the City of Meridian approved in that overall drainage and irrigation scenario with Mr. Brian and Avest and Dove Meadows and Wingate, that is being handled • • c Meridian City Council July 10, 1996 Page 6 - right now. Corrie: Questions of staff? Morrow. Mr. Mayor, I would have questions of both Shari and Gary that all of your issues have been resolved with respect to the comments on some site specific in terms of 80 foot frontage on number 3, dated May 16, from Bruce. And I am concerned about the question in terms of the evidence of the 60 foot wide Hickory Way access easement for dedicated public right of way acceptable to Ada County Highway District has been secured from the recorded owner of the property. Has that issue been resolved? Smith: Mr. Mayor, Councilman Morrow, the applicant submitted a grant of easement, a copy of a recorded grant of easement for that 60 foot right of way, ingress and egress. As far as I know that is acceptable. The Highway District is going to have to rule on that as far as public access is concerned. They do have a legal description and it has been recorded and has been granted by the property owners for that ingress egress from Dove Meadows No. 1 to this subdivision. Morrow. For clarity on my part, what happens with this when Dove Meadows develops out then that goes from being a recorded easement to a dedicated public right of way is that the issue that we are dealing with here? Smith: That I am not sure, I don't know how the Highway District wants to handle it. But it would have to operate somewhat that way. The Highway District is going to have to be involved in this because they are going to have to monitor the construction of the roadway number one, it will have to be built according to their standards. They are going to sign off on the plat of Packard No.1 so all of the documentation for that access is going to have to be in order from their standpoint before they will sign the plat. But the property owners between Packard and Dove Meadows have agreed to an ingress egress easement and a description has been written and it has been recorded as such in the Cou-,~y recorders -- office. - :. Morrow. My next question has to do with the maintenance agreement and easement information. Smith: We have a sample maintenance agreement for sanitary sewer lift station that was written for the Whitestone Estates Subdivision. Both Superintendent Shawcroft and myself have reviewed that and made comments and I think that is the base that we will use for this lift station maintenance for this lift station. Morrow. That in fact has not been signed as of yet? • • Meridian City Council July 10, 1996 Page 7 Smith: No it hasn't, but it would have to taken care of as part of the ultimate acceptance of the system by the City of Meridian. Morrow. Which would be prior to final plat signatures? Smith: Not necessarily, the plat could be signed as soon as it is approved but the acceptance of the system wouldn't be done untEl they were complete. Obviously they won't be able to market any lots without those systems being complete. Well they could sell lots as soon as their plat is recorded, but they can't obtain building permits until certain things are done as far as sewer and water improvements are concerned. Ultimately no occupancy permits are issued until we have accepted sewer and water systems which include the maintenance agreement acceptance of a maintenance agreement. That is perhaps one of the conditions of your approval of the Final plat is that they enter into this maintenance agreement with the City that can be signed by the Mayor and City Clerk. Morrow. I have no further questions. Corrie: Any further comment from staff? Morrow. Mr. Mayor, I would move that we approve the final plat for Packard Subdivision No. 1 subject to all staff, ACRD and Nampa Meridian Irrigation District conditions with further condition that the maintenance agreement be completed by the City, accepted by the City authorizing the Mayor to sign and the City Clerk to attest and that the irrigation agreement between the three subdivisions be concluded authorizing the Mayor to sign and the City Clerk to attest. Rountree: Second Corrie: Motion has been made by Mr. Morrow, second by Mr. Rountree on the final plat for Packard S~ 5division, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea - _ - - ITEM #5: PUBLIC HEARING CONTINUED FROM JUNE 18, 1996: REQUEST FOR A PRELIMINARY PLAT FOR HONOR PARK N0. 3 SUBDIVISION BY WILLIAM HON: Corrie: At this time I will open the public hearing and invite the representative of Honor Park Subdivision to come forward. Stan McHutchinson, 1111 South Orchard, Boise, was sworn by the City Attorney. 06-28-1996 04~09PM FROM TO 3369882 P. 16 TEA ~Y'$ ~AN[~ 149 South 4°' Street ~~Se, scsa~ho 8a7az y t~~s~ as Fax (~oe~ ~a~-o~sg • Project No. 1265-~ ~./ ~~~~~~ Date: Deceiaber 6, 1995 T lp~a~~9~ ~s ~S• AV~1iJE~'Z'hB~TS=OK Tb ~,ygs~» ~__n eusnrrrarox ~o~oo~r trzaE _ ccBSS Frs~srrr A gO foot wide ingress-egress easement situated in the sw i/4 of ttie Sg t/4 and the SE 1/.~ of tt30 Sw 1/4 , of SQCtiori 5, T.3N'. ~ It. 1E, , B.rS. , Meridian, Ada Cour~ty, Idaho, tYi~ boundaries of whioh are located 3O fQet .right of utd 3o fe®t loft of tt:re lollowirsq described Centerline: • co~exxc~.ng et an irgxs pin soaz'kinq the i+torthwest earner of Lot 30 at Block 1 of Dove M@adowffi subdivixciosr Na. 1, as on Zil.a i.n Hook 65 of plats at Pages 6652 through 6684 in the Olfi.ce of the Ada ~owrtty Recorder, bolas, Idaho, whioh point is also on the Eastsrly right'-of-way boundary al North $ickvey Avenues; thence along the Norther3y boundary dP amid Dove Mead~rs subdivision No. 1 South 83°10.57" west 33.56 fe8t to a31 iron pin an a curve on tree centerline o! said north Hickory Avenue which point is the po3`i~f2 DF BL r 76n3i thence leavistg the solo NQrthsrly boundary and ru'ruzing Northeasterly 7.53 feet aloiag the era of a carve to thQ right hawing a raflius of 27S.oQ feet, a central arsgle of z-z7~g~N and a long ohord which bears North 18'58'3i" East 7.53 feet to a paint Ol tangent; thence North 24°LZ'28« Last 28o.6b fe4t to a. point on the North baux~dary vt the said sw 2/a of the SE 1/4. whioh point bears South s9o44.46" East 31,92 lest from thQ Northwest corner of the said S~7 1/ 4 0! the SE f/ 4 , said point also being. the PO=Ii'1' of 8iaflxlra of the said 60 loot wide ingress-eq~ess easement. ~ 1~ ~ :~ ~ ~q~~, ~~I'~ ~~~ M~i7~fJlpt~ 05/31/96 48:4b ~~1" ~"4 / ~`~~ ~~ o ~ ~ ~~ ~~ TX/ttX N0. 0728 Pp2 06/28/96 15:16 T%/R% N0. 0857 Pl6 06-28-1996 04~"~~PM FROM ' `Y ~ ~ ~ TO DEVELOPMENT AGREEMENT 3369882 P.02 G/afsor, ~ti/1~ ~~ ~" ~- OU Q'om`` . C~~~/q~ t`31't~~~ ivi~~21~Jt,c#` THIS AG NT, made and entered into this 2 5th day of ~ ~+ n e ,RI49~, by and between the CITY' OF MEItID1AN, a municipal coiparattian of the State of Idaho, party of the first part, hereinafter celled the "CITY", and Echr~nds Cbnst+vction Inc . ar PaCifzc Northwest Ela~^trir. Tnr paxty of the second part, hereinafter salted the "DEVELOPER", whose address is 410 South Orchard Suite 14p oise ID 83705 . 'WiTTVESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, Stage of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and Wl^IEREAS, the State of Idaho legislature, in 1991, passed lilah~ _Code, 67-6511 A, I)evelapment Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 f?; and WHEREAS, the DEVELOPER has snbruitted an application for annexation and zoning, ar an application for rezone, of that certain property described in Exhibit "A", and requested zoning of R-4 and has subtitted a subdivision preliminary plat far said property which has been recommended for approval by the Meridian Planning and Zoning Cornmiscion; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or razt~rcing of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this ageement was entered into voluntarily and at its arging and request; and WH1rREA5, the DEVELOPER, as sole owner of said land, Has made request to the CITY to have the same annexed to said CITY, or rued, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation ar rezone the CITY adopted and approved F~undings of Fact and Conclusions of Law; and, WHEREAS, the fiindi~tgs of Fact and Conclusions of Law required that the DEVELOPER enter unto a Development Agreement; and Packard N o . :1 „_SUBD3VISIQN DEVEL¢PMENT AGREEMENT Page 1 06/28/96 15:16 T%/Rg N0. 0857 P02 05-28-1995 0~~03PM FROM TO 3359882 P.03 • • WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did nut enter into a Development Agreement. NQW, THEREFQRE, 1'l' IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, an the land descrit~ed in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1404- square feet of floor space, exclusive of garages. 3. That the property zoned R_q ,described in "Exhibit A", sha11 have lot sizes of at least E i a h t thousand (8 , 000 1 square feet, which is the size Rep4esented at the City hearings, and shall meet all of the requirements of the _ zone and have no duplex units, townhouses, or patio ho;ncs constructed on said property. 4. That there shall be no change to increase the number of lots or the size of lots as shown in the preliminary plat submitted with the request for annexation, caning and preliminary plat approval, wlsich is incorporated herein as if set forth in full herein. 5. That DEVEI_.4PER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing a!1 streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement. Plan, or Plans supplemental thereto, shall also show the proposed location pf pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision improvement Plans are incorporated herein and made a part hereof by reference. ~. '1'ixat DEVELCPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs acrd gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, Street signs, and barricades as well as any and all other improvements shown on the $ubdivision Improvement Flans. DEVELOPER shat! Packard N o . 'I SlJBD1vISlpN DEVELOPMENT AGREEMENT Page 2 06/28/96 15:16 T%/R% N0. 0857 P03 06-28-1996 0~1~03PM FROM TD 3369882 P.D4 also install telephone, eiec,t~trical paver, gas lines, and television as required for the developrt~ent. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and ixt effect at the time the cot~struetion of said improvements is accomplished, or as otherwise agreed between the DEVFIAFER and the CITY if the standards and specifications are mare restrictive and onerous at the time of construction than at the time of execution of this Agreement_ $. That DE`V'ELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete attd the time schedule therefor; and agrees to make such modifications and/or constntct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9_ That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said itnprovcments prepared by a Registered Professional Engineer and will provido the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location {both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines anal their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include g "Certif::cation" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements arc true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements {water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials far and the installation of the same were all done in conformance with the applicable Ciry Standard Engineering Drawings and Standard Engineering Specifications governing the construction pf these facilities. 10. That DEV'ELOPERt will, immediately upon the completion of ar,y such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That AEVELOPE,R agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed ~V~510~ D~~,I.,OF~~~ ~ ,~ S[3BD Packard ~o. t 06/28!96 15:1ti T%/Rg 1V0. 0857 1'04 86-28-1996 04~04PM FROM TO • • 3369882 P.65 improvenlenL~, ar, if he does not sa construct ~rithin a reasonable time after written nvtificatian of such Council action, and the CITY thereafter delerrnines to canstnzct, and does construct such improveme»t, or improvements, the DEVELOPER will pay to the Cl"l`"Y' the cost of such construction, in Such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been ,given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, ar their having received written natif cation from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates af~snp~y within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as till requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regetlar meeting after any Certificate of Occupancy ar a~,y water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be hard as to why such Certificate of Occupancy should be issued ar water service allow. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final., except that the rights of the parties are preserved at law and equity. l3. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its Sole option, install the improvements and declare the entire cast of said improvements to be immediately clue and payable and may seek to collect such sums in the manner provided by lave, ar may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (S `%) per annum, until paid. I4. That DEVELOPER agrees ta, and does hereby, graxkt a security interest in the land which is the subject of this Agreement, u~ secure We installation of all imprvvenr+ents including, but not limited tv, sewer, water, irri,gatYCm and drainage pipiaag, pressurized imgation system, landscaping and harming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a rna~rtgage in acC4rdaace with the mortgage foreclpSpre laws of the State of Idaho; provided further that upon request of the DEVEIAPER; the CITY will execute and deliver a partial release of the lien created herein against all ar any portion of the subject land, upon completion of that portion of the total improvements P ~ c _k_a r_d_. _~ o . 1 SUBDIVISION DEVELOFMENT AGREEMENT 06/28/96 15:16 T%/12% N0. 0857 Page 4 P05 05-28-1996 04~0~Ph1 FROM TO 3359882 P.06 • installed which relates to the percentage of improvements that have been instal#ed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CI7''Y will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required tQ secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the ftruanc#ng entity shall first warrant and represent in writing that it understands that the comemplated loan or advances wi11 be used solely for the construction of ixnprovemeMs upon the land and that it will take masonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. T1ne CITY may also require surety bonds, irrevocable letoers of credit, cash deposits, certified checks or negotiable bonds, as allowed under 1 i-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CTFY. 15. That DEVELOPER agrees that those portions of the water main ~ the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased Line size or capacity, are required because of future service needs originating from properties not owned by bLVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accvrnrnodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity andlor improvements concurrently with the facilities to be constructed far DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and constrerct such facilities subject to the CIT'Y's agreement to enter into a late coxners agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and ShaII de}fiver copies of such bids to the C1TY prior to the eornmencenaent of such work. Such bids Shall be solicited and itemized in a mariner which allows clear crud specific identification of that portion of the construction work far which the CITY may possibly agree to enter into a Late comers agreement. Tl~e CITY's obligation to enter into a Late comers agreement tQ help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is th fact selected by DEVELOPER to perform the work. I6. That DEVELOPER agrees that no ~~tificates of dccimancr will be issued until all improvements are corrtpleted, unless the CITY and the AEVELOPER have Packard N o , 1~ SUBDIVISION DEVELOPMENT AGREEMENT Page 5 06/28/96 15:16 T%/It% K0. 0857 P06 06-28-1996 04~05PM FROM TO 3389882 P.07 • entered into an addendum agreement stating when the improvements vv~iil be completed in a phased development; in any event, no Certificates of OccupancX shalt be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY . 17. That DEVELOPER agrees, in recognition of the unigae and peculiaz circ3unstances relative w this development, tU the specie! conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets far access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice reyuired by this Agreement shall be given at the following address: CITY' of Meridian: DEVELOPER: City Engineer Edmonds Construction Iac. and City of Meridian Pacific Northwest Electric, Int. 33 East Idaho ni.n_ s~„tt, nrchardr S«ito 144 Meridian, ID 83b42 6ois~. ID 837Q~ 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. ~0. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shalt be binding upon DEVELQFER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 2~. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-aniaexatian if the o~rner or his assigns, heirs, ar successors shall not meet the conditions contained in the Findings of Fact and conclusions of Law, this Developmeyn~t Agreement, and fire Ordinances of the CITY of Meridian. P a r_ k a r ~~ ~_SUBDIVISION DEVELOPMENT AGREEMENT Page b 06/28/96 15:16 T%/R% N0. 0857 P07 ~~~-2~- i ~~~r, e:~ ~ c~~Frh F~or~ Tn • DATED the date, month and year first appearing. ~JJF~98f32 F. J~ DE'VEiAPER: ~mnnciq (`nn~tri~rtinn ~_ dnd Pacific Nar~hwest I3v Grant P. Kingsford, Mayvr Rv William G. Berg, Jr., City Clerk Packard No. 1 SUBDIVISION DEVE~.OFMENT AGREEMENT Page 7 06/28/96 15:16 TX/RX N0. 0857 P08 CITY OF MERIDIAN l]r.-2^o-199r b]4 ~ t~6Ff"I FPO~•1 STATI/ OF IDAHO ) County of Ada • ss. TO .J Jr'~1~~7a~ F.~~~ On this ~ day of , ] 99 ,before e, th undersig , a No Publ' in and for said State, perso y appeared ~.~~;~ ~~, and ~.~' , known, or proven me, to be the President and Secretary of said corporati t executed this instrument and the persons wrho executed the said instrument on behalf of said corporation, and acl.-nowledgcd to me that such corporation executed the same. IN WITNESS WHEREOF, I have hcreu y an an a t facial seal, the day and year~~•!Mi'3•a~~ificate first above tten. ~: ~ypTARy ~~Cn Notary Public f Idah .. *• i "~•~ G ~ * ~ Residing at: ~~ (SEAT ;~ AU B L~ ~, My Commission Expires: 9- / =1 dz~ .~~,, Tg op 19,,,~~. STATE QF IDAkiO ) ss. County of Ada Ora this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERCr, lR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat, the day and year in this certificate first above written. Notary Public for Idaho Residing at: (SEAT-) My Commission Expires: Packard N o . 1 SUBDIVISION DEVELOPMENT AGREEMENT 06/28/96 15:16 TX/RX N0. 0857 Page 8 P09 06-28-1996 0~1~06PM FROM TO 3369882 P. 10 ~~,&~~( EXHIBIT "A" ~+ ~t~~c~,rE t~ awes ICltIJ~M AI.l. A4icN BY Ti~E~ PRE~'S% Tt1A? PAC~MG IIIDR7T!1fM!`:$T t1ECTtSiG. ItiC., EbJK01~OS C0~8'1'RI.1CT'IfN+I N~IC., ii0 FIiR~r tEATIFY THAT TI€Y ARE THE Q~i1~NER$ t7F Ti8 R'i~lll_ PibpPERTY AS CE:rCR16E'p 8R..0-r AND R i5 TFtF1R 1~t'1'~Jh'I'IdM TG NCLI,7pE SAID it>rAL pi20iP'FitTY 4t i'f85 f11..A7. A IaARtS:L OF LAf~ BBIN~. A PORTION OF THE NM- ~f# 0!: THE SE V# 4F SEGTtON 5. T.~ri.. R.~.~ B,A., Il-10RiE-tA1~1. »cJA Cg1lNTY, 9xJ.cso ~ R~ RiseTr.~-~w..r ~ ~ ~~IS: CarIiKENC8IG AT A BRASS CJlP 14ARK11iG Tt~ SOUT'FIIFAST C#?NER OF SAID SECTION 3: 7t~NCit ~-LtJhIG THE SOUT1~Rt.Y BOLIf'~Dl-itY Ot' SAID SECTION 8 NORTI.1 ti4.48'S~!' HEST 5644.8 FEET' TO AN IRON OIN A1ARlC/'Kx Ti~E 50~7T1:1 V4 Cdtit~R qF SAID SEGTIQt~t 5; TI1i:NCE ALONG 'i!~ NOR~4-$OUTN ~iTER OF SfrCTibl~ i.>t~ Ole SAID S~TtON 5 NDIRT~+ OC'Z7'15' Ew$T C3I2.5'd FEET Tfl A 82A55 GAP M%iKM~IG T1dE 5C11T!-WEST GOiGER !#F TI~L SAID KM !~4 OI: TtiB ~ V4 Ql~ SAID SECTIOI~I 5. SAD P081T KLSO B~ Tif NT1AL PpKT; THF1~1C1= COriTIMJWG ALONG 77~ SAID MQRT~+~-SOUTi1 GEFITicR OF SECTION l~ trd?T;•f Of3'27'it'S' EJ45T 958.39 FEET TD AN BflN RM~1: TFF.AKE LirAYNG Ti+IE SAQ NbRT-I-t' TH LTFtTE~t OF' SECTION Liles 9ouT~1 8'3'44'8i• EAST tsZdio PEST T~ ~>v laoN ~: Tf~NC6 501}TH 00.15'24. 11IE5T 32A0 FE~'T TO 1W IRODt pW: TI~K,E SaUThE 89.44'56` EA5T IOO.Ob PEST TO AN 9iON PiDi: TF16f1GE WORTH O4'i5'Z4• €AST D.74 i~f TO AN ROt~ P141: ~ l~iORTH 23'53'43• SA$T 97.32 FAT T'Q Itrr IRflN H11~f: 1't~IQ/~CE ~+ORTH ,F5'iS'2;- EAST e19 55 P£ET TO 1W BON Plht: 7i~1r~ SOt1TF1 69'4+1 `3fi' ~A$7 ,214.62 FEET Tq AN >tZON PW: TF~ICE >I1iOi,1TH 40'!5'2,' 1tE5T 8+09.65 FEET TG AN li>:flh PlN: T1~NG>= S~OUTMI #5.15'24• 'VIE'S, T' 2~.$2 FEAT TO AN FtON FiN: THENCar Spt3TH 44.44'.3f+' EAST 154.00 ~'~ T4 Ari ~~ ~: TAE stxiTy 45.15'2#- vEST 34 ~>r ~T YO Ahl IRt)N Pw: TFrs't+ICIr. SOU7Et X4.44'36' EAST 1430 FRET TO AtK iRR~ 01lV: T't~l~tCE SOt1TH OO'P3'2;• KIT 47.05 ITT TO A!N RON Pitt ON 'iF8 9piFCH 801JlwDARY 4F T~ SAA iwtlr Vs aF TFFc SE 1/4: T~Eltl~f= ALAHG THE SAID SOtITFt 80t>aDARY ?dORTH 84'44'36• YE3T fr3l,bq F£ET TO T48' IA11Tf1-br v0/+lT. SAiO PJt1tC~L ~ UkFffl COI~tTA~1S T 46 As~~a, MtSRE C1R IICSS. TLITf~ P. 01 06!28/96 15:16 T%/RX N0. 0857 P10 06-28-1996 0~1~07PM FROM TO 3369882 P. 13 ~_ ..;• ~ ,~~~ •~ j'et' x: *`~'' r rt ~ C ~ ~• - ~ ~~ ~ ~~ mil ~ •~.,'.- • Q ~ ~ A ~ . j - Y' ~r ~Y~~ • ~~ ~M~ is '~ ~ ~' .~ .~ .~a ,~ ~' -~ : ~ $ -:r # - _ _ $$ ~pp~~.~f_ ~~ ./• ~•~.r `~ _ _ ~' _ ~`~ t t* { .. r',~ ', ~~ • rye: ! kr Two ~ ~ r • a • ~ ~ + r • ' ~ , ;~'~ :. ~ . ~ r. +~ ~ - Kati .. ~' ~+\• j? ..+rt'"" S{+.~ >1e11~~ ~ ~~ ,+~! 3 'j'~~ '~,~'.v~ i .. 1 '* ~~Ci~4 tom. R ~ r ~~ . ~'~~"- : ~~ .~~ s ~ : } r E .. ~~ rp~~, V ' r S 1 ~ t= 1 ~ ~ ~ je~ ** w ~` C ` ~g t .~~ ~ - , ` ~ ~ ~ s ~(~~ •r•„ V sY~ ~ t ~! } 7 " r a~.• ~ ~ ~~ xK~ ~ ~ _- • ~. f ~~ rq ~M ~~ w ~-~, , k. Q g~ •+ 4 '~ g ~= ,'r~~~ ~r ~..~ ~ ~vA AKO=.itM ~ ~ ± •yL • . ~~ s ' w.~ '~ t ~ :~, : Mr + `M ~ ~ w.. +-" ~. ~ ~, ` .•' till w ~ ~~~~/~i/~_ +., ~~. • '.~ ..... M ~4f ..... . . 06/28/96 15:16 T%/Rg N0. 0857 P13 r 06-28-1996 04~08PM FROM • Robert L Aldridge, Chartered Attomey at Law 1209 North Eighth Street Boise, Idaho 8374P-429 Telephone: (248) 336.9880 Fax: (208) 338-9882 - Attorney for PNE/Edmunds TD 3369882 P. 14 a~ ~ r uv~ ~~~~.'+ . R~~iQRI~i:R 3. ~avi~ ~tQVAF.RU ~CISt: !D •~s ~nrN s ~~ ~ ss FEE ~ L7E R~CQ D~ED ,~T~3HE RE~i E$T eF AMENDED GRANT aF TEMPORARY EASEMENT David Leader and Mary Leader, husband and wife, ,and Capital Christian Center, inc., an Idaho corporation {formerly known as Capitol Christian Center, Inc.), for good and valuable consideration, the receipt and suftic~ency of which is hereby acknowledged, do hereby grant unto Edmonds Construction, Inc., and Pacific Northwest Electric, Inc., a temporary easement for ingress and egress upon any portion of the road described on Exhibit "A" attached hereto lying in the Southeast Quarter of the Southwest Quarter of Suction 5, Township 3 North, Range i East, Boise Meridian, Ada County, tdaho. Said easement is granted by each party as to their respective portions of ownership in the road described on Exhibit "A". This #emporary easement shall terminate automatically without further action by any Party, upon the dedication of the public road more particularly described on Exhibit "A" attached hereto and incorporated by this reference. !N WITNESS WHEREC}F, the parties have hereunto subscribed their names to this Amended Qrant of Temporary Easement. DATED April i 2, 1996. CAPITAL CHRISTIAN CE=NTER, INC. K+enne C~. Wilde, President AMENDE© GRANT OF TEMPORARY F~4SEMENT 06/28/96 15:16 T%/Rg N0. 0857 Page 7 P14 96-28-1996 04~68PM FROM TO 3369882 P. 15 ~. • STATE OF IDAHQ COUNTY Qt= AbA On the ,day of June, 1~98B, befdr me, the undersigned, at Notary Public in and for said State, personally appeared David~eader and Mary Leader. known to me to be the per~sans whose names are subscribed . to the within and foregoing instrument and acknowledged to me that they executed the same. EN WITNESS WHEREOF, I gave hereunto affixed my ofEiciai seal the day and year first above wren. o ~~ a. s~ ~ ~ * ~'~ p~ BLDG STATE OF IDAHO COUNTY OF ADA ss. Residing at /j~,~ Commission expires ,, ~~~ (fin this June- 1996, befars me, $ Notary Public in and for said State, personally appeared Kenne#h G. Wilde, known or idert#i~ied to me to be the Presider+t of Capita! Christian Center, Inc., and to be the person whose name is attached to the foregoing instrument and acknowledged to me #hat said corporation executed the same. IN WETNESS WHEAEC>F, t have hereunto placed my official hand and seal the day and year in #his Certificate firs# above written. Nota Public r d o a1 ~~~ ~ Residing at tiG , Commission expires ~ f ~t ~.~-~~ * p13~i' -s ~~ rAra o~~ AMENDED GRANT OF TEMPORARY EASEMENT Page 2 06/28/96 15:16 TX/R% N0. 0857 P15 06-28-1996 04~07PM FROM 3369882 P. 11 • TD EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY ANA BETWEEN THE CITY OF MERIDIAN, IDAHO ANb Edr+tonds Construction Inc. and Pacific Northwest Electric Inc. This subdivision is far 24 single-family dwelling units with an overall density of --_ - ~ D ~ dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located an #tie property (name and identify ali waterways and treatment). 2. Extend and construct water and sewer line extensions to serve the properly and connect to Meridian water and sewer lines (resolve how and where water and sewer will be extended). 3. Construct strr~ts m and within the prtoporty. 4. Dedicate the ne~ary land from the centerlines} of a 1 1 IZoad(s} for public right~f way. S. Pay any development fee or transfer fee adopted b3' the CITY. b. Meet the requiremems and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Berms and landscaping on ea~ances shall be provided and maintained by the Homeowners Association. 8. Pressurized irrigation is to be provided m all cats within this subdivision. Evidence of approvals from appropriate irrigation district canal company and downstream water users 3nlrst be submitted to the city. 9. Fencing - Ferimetex fencing I0. Pedestrian walkways 11-905 C. 11. Planting strips and reserve slips (11 9-605 G.) 12. Preservation of existing natural features (1 ]-9-605 H.2.) 13. Lineal open space corridors (11-9-60510.} F-XI3IBIT ~B" P a c k a r,¢ ~,1 SUBDIVISION DEVELd?PMEN7 ACrREEMF,IrTT Page 1 of 3 06/28/96 15:16 T%/1Z% N0. 0857 Pll 06-28-1996 04~07PM FRDM TO 14. Pedes~la.u/bike paths (11-9-6Q5 L.) I5. School slues or fees Ifl lieu thereof 1F. Land set aside far par~S 17. Qreenbelts along canals ar drainages 18. EXHIBIT "B" _P a c k a r d N o. l SUBDNISIQN DEVELAPMENT ACsREEMENT 06/28/96 15:16 T%/R% N0. 0857 3369882 P. 12 Page 2 of 3 P12 06-28-1996 04.09PM FRDM TO 3369882 P.17 I acknowledge receipt of the fallowing documents pertaining to €'ackard Subdivision No. 1, which were hand delivered to me by Edmonds Construction inc. and Pacific Northwest Electric Inc. 1. Development Agreement 2. Amended Grant of Temporary Easement from David & h1ary Leader 3. CC & R's for Packard No. Z Subdivision Date rt ~ ~ , ~ ~'"' ~ ~~~~ 5-rr~~.~...~...r.~ ~,.~ ~ . ~~. ~.;~ .., TOTAL P.17 06/28/96 15:16 TX/R% N0. 0857 P17 ~ • MERIDIAN CITY COUNCIL MEETING: July 2.1996 APPLICANT: PNE/EDMONDS CONSTRUCTION ITEM NUMBER; 4 REQUEST:TABLED JUNE 18.1996: FINAL PLAT: PACKARD SUBDIVISION N0.1 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS C~ s r~~~ ~~~~ ~~p ;~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ ~ MASTER DECLARATION OF ~gEcEl V;~~ COVENANTS. CONDITIONS. AND RESTRICTIONS ,J ~) f~' ? ~ 199 FQ$ CITY CaF ~YIERIDIAP~ THIS AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDI- TIONS AND RESTRICTIONS FOR Packard Subdivision is made effective as of the day of June, 1996, by Packard LLC, an Idaho limited liability company ("Declarant" or "Owner" or "Grantor"). 1.1 Pro e~#y Covered. The property potentially subject to this Declaration of Covenants, Conditions, and Restrictions for Packard Subdivision (the "Declaration") is the real property legally described in Exhibit A attached hereto and made a part hereof. Once a portion of the real property described on Exhibit A is brought within the jurisdiction hereof, it shall be the "Property". Grantor intends to develop the Property in stages, which initial stage, Packard Subdivision #1, is more fully described in Exhibit C to this Declaration. In order to faalitate the staged development contemplated herein, Grantor may record, at its sole discretion, Supplemental Declarations which subject a portion of the Property to this Association or that modify this Declaration. Each development stage shall constitute a Tract, as defined herein. As a Tract of the Property is approved by the City and County, the filing of Supplemental Declarations by the Grantor to include such Tract in this Master Declaration makes such Tract subject to this Master Declaration. The property described on Exhibit C is a Tract. 1.2 Residential Development. Packard Subdivision is a residential development in accordance with existing or proposed development approvals obtained from Meridian City and Ada County. Certain portions of the Property may be developed for detached single- family residential homes. The Property may contain parcels of Common Area, including streams or water amenities, public and/or private open space, park areas, landscaping, private lighting, private or public streets, drives, and other amenities and facilities. Any development plans or schemes for the Property in existence prior to or following the effective date of this Declaration are subject to change at any time by Grantor, at Grantor's sole discretion, and impose no obligation on Grantor as to how the Property is to be developed or improved. Grantor acknowledges that the Building Lots in all Tracts are subject to the above referenced City and County approvals and any other governmental approvals obtained from time to time. Grantor acknowledges that it is familiar with such approvals, constructively or otherwise. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 1 • • 1.3 Purpose of Declaration. The purpose of this Declaration is to set forth the basic restrictions, covenants, limitations, easements, conditions, and equitable servitudes (collectively "Restrictions") that apply to a Tract. The Restrictions are designed to preserve the Property's value, desirability, and attractiveness, to ensure a well integrated high-quality development, and to guarantee adequate maintenance of the Common Area, and the Improvements located thereon, in a cost effective and administratively efficient manner. Grantor hereby declares that those portions of the Property brought within the jurisdiction hereof, as provided herein, and each lot, parcel, or portion thereof, is and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied, and improved subject to the following terms, covenants, conditions, easements, and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement, and sale of the Property, and to enhance the value, desirability, and attractiveness of the Property. The terms, covenants, conditions, easements, and restrictions set forth herein: A. shall run with the land constituting the Property, and with each estate therein, and shall be binding upon all persons having or acquiring any right, title, or interest in the Property or any lot, parcel, or portion thereof; B. shall insure to the benefit of every lot, parcel, or portion of the Property and any interest therein; and, C. shall inure to the benefit of, and be binding upon, Grantor, Grantor's successors in interest, and each grantee or Owner, and such grantee's or Owner's respective successors in interest, and may be enforced by Grantor, by any Owner, or such Owner's successors in interest, or by the Association as hereinafter described. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales, or leasing offices, or similar facilities (temporary or otherwise) on any portion of the Property, including the Common Area or any public right-of-way, nor Grantor's right to post signs incidental to construction, sales, or leasing, nor Grantor's right to modify plans for the Property. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 2 • • 3.1 "Architectural Committee" shall mean the committee created by the Grantor or an Association pursuant to Article X hereof. 3.2 "Articles„ shall mean the Articles of Incorporation of an Association or other organiza- tional or charter documents of an Association. 3.3 "Assessments" shall mean those payments required of Owners or other Association Members, including Regular, Special, and Limited Assessments of any Association as further defined in this Declaration. 3.4 "Association" shall mean the Idaho profit or non-profit corporation or LLC, and its sucxessors and assigns, established by Grantor to exercise the powers and to carry out the duties set forth in this Declaration or any Supplemental Declaration. Grantor shall have the power, in its discretion, to name the Association the "Packard Homeowner's Association, Inc.", or any similar name which fairly reflects its purpose. 3.5 "Association Rules" shall mean those rules and regulations promulgated by an Association governing conduct upon and use of the Property under the jurisdiction or control of an Assocation, the imposition of fines and forfeitures for violation of Association Rules and regulations, and procedural matters for use in the conduct of business of an Association. 3.6 " "shall mean the Board of Directors or other governing board or individual, if applicable, of an Association. 3.7 "Building Lot" shall mean one or more lots within a Tract as specified or shown on any Plat and/or by Supplemental Declaration, upon with Improvements may be constructed. 3.8 "Bylaws" shall mean the Bylaws of an Association. 3.9 "Declaration" shall mean this Declaration as it may be amended from time to time. 3.10 "Design Guidelines" shall mean the construction guidelines approved by the Architectural Committee. 3.11 "Grantor„ shall mean Packard Subdivision LLC, an Idaho limited liability company, and its successor in interest, or affiliate of the Grantor, or any person or entity to whom the rights under this Declaration are expressly transferred by Packard Subdivision LLC or_ its successor. An "affiliate" shall mean any entity with some form of common ownership interest with the Grantor or Partners of the Grantor. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 3 • • 3.12 J~.provement" shall mean any structure, facility, or system, or other improvement or object, whether permanent or temporary, which is erected, constructed, or placed upon, under, or in, any portion of the Property, including but not limited to buildings, fences, streets, drives, driveways, sidewalks, bicycle paths, curbs, landscaping, signs, lights, mail boxes, electrical lines, pipes, pumps, ditches, waterways, and fixtures of any kind whatsoever. 3.13 "Landscape Easement" shall mean any portion of a Building Lot located within the landscape easements designated on the Plat or in a Supplemental Declaration. This Landscape Easement is in addition to the general landscape easement described in Sections 5.5.2.3 and 12.7 of this Declaration. 3.14 "Limited Assessment" shall mean a charge against a particular Owner and such Owner's Building Lot, directly attributable to the Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the provisions of this Declaration or any Supplemental Declaration, including interest thereon as provided in this Declara- tion or a Supplemental Declaration. 3.15 "Common Area" shall mean all real property in which the Association holds an interest or which is held or maintained, permanently or temporarily, for the common use, enjoyment, and benefit of the entire Subdivision and each Owner therein, which includes the real property legally described in Exhibit B attached hereto and made a part hereof and shall include, without limitation, all such parcels that are designated as private streets or drives, common open spaces, common landscaped areas, and waterways. The Common Area may be established from time to time by Grantor on any portion of the Property by describing it on a plat, by granting or reserving it in a deed or other instru- ment, or by designating it pursuant to this Declaration or any Supplemental Declaration. The Common Area may include easement and/or license rights. 3.16 "Member" shall mean each person or entity holding a membership in the Associa- tion. Where specific reference or the context so indicates, it shall also mean persons or entities holding membership. 3.17 "Owner„ shall mean the person or other legal entity, including Grantor, holding fee simple interest of record to a Building Lot which is a part of the Property, and sellers under executory contracts of sale, but excluding those having such interest merely as security for the performance of an obligation. 3.18 "Packard Subdivision" shall mean the Property. 3.19 "Person shall mean any individual, partnership, corporation or other legal entity. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 4 • • 3.20 "Plat„ shall mean any subdivision plat covering any portion of the Property as recorded at the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereof. 3.21 "Pro e~rtv„ shall mean those portions of the Property described on Exhibit A attached hereto and incorporated herein by this reference, including each lot, parcel, and portion thereof and interest therein, including all water rights associated with or appurtenant to such property, which are brought within the jurisdiction hereof by Supplemental Declara- tion or otherwise. With the exception of the property described on Exhibit C attached hereto, no portion of the property described on Exhibit A or any other real property shall be subject to the terms, covenants, conditions, easements and restrictions of this Document until a Supplemental Declaration describing the portion of real property (the "Tract") is executed by the owner of such Tract and recorded. The property included in Exhibit C is subject to this Declaration upon the recording of this Declaration and without the filing of a Supplemental Declaration. The Property also may include, at Grantor's sole discretion, such additional property in addition to that described on Exhibit A, as may be annexed by means of supplemental Declaration as provided herein. Grantor, at its sole discretion may or may not include all portions of the property described on Exhibit A as part of the Property subject to this Declaration. Additionally, Grantor, at its sole election, may withdraw an Tract of which Grantor is the sole Owner previously included within the provisions hereof upon recordation of a written declaration of de-annexation. 3.22 "Regular Assessment" shall mean the portion of the cost of maintaining, improving, repairing, managing, and operating the Common Area and all Improvements located thereon, and the other costs of an Association which is to be levied against the Property of and paid by each Owner to the Assocation, pursuant to the terms of this Declaration or a Supplemental Declaration. 3.23 "Special Assessment" shall mean the portion of the costs of the capital improve- ments or replacements, equipment purchases and replacements or shortages in Regular Assessments which are authorized and to be paid by each Owner to the Association, pursuant to the provisions of this Declaration or a Supplemental Declaration. 3.24 "SUD~lemental Declaration" shall mean any Supplemental Declaration including additional covenants, conditions, and restrictions that might be adopted with respect to any portion of the Property. 3.25 " "shall mean a defined portion of the Property within which the contemplated development involves a common use or compatible uses, and which may have been designated as a Tract by this Declaration or a recorded Supplemental Declaration. Each Tract shall contain one or more Building Lots, and may be managed to the extent permitted herein. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 5 • • 3.26 "Waterway" shall mean any surface water amenity, including, without limitation, any lake, pond, channel, slough, stream, or reservoir, natural or artificial, which is located on the Property and which is included within or managed as Common Area. ARTICLE IV• GENERAL AND SPECIFIC RESTRICTIONS 4.1 Structures -Generally. All structures are to be designed, constructed and used in such a manner as to promote compatibility between the types of use contemplated by this Declaration. 4.1.1 Use. Size and Heiq,(it of Dwelling Structure. All Building Lots shall be used exclusively for single-family residential purposes. No Building Lot shall be improved except with asingle-family dwelling unit or structure. 4.1.2 Architectural Committee Review. No Improvements which will be visible above ground or which will ultimately affect the visibility of any above ground Improvement shall be built, erected, placed, or materially altered or removed from the Property unless and until the building plans, specifica- tions, and plot plan or other appropriate plans and specifications have been reviewed in advance by the Architectural Committee and the same have been approved in writing. The review and approval or disapproval may be based upon the following factors -size, height, design and style elements, mass and form, topography, setbacks, finished ground elevations, architec- tural symmetry, drainage, color, materials, including Architectural Commit- tee approved architectural shingles roofing material, physical or aesthetic impacts on other properties, including Common Areas, artistic conformity to the terrain and the other Improvements on the Property, and any and all other factors which the Architectural Committee, in its reasonable discretion, deem relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the Improvements. This Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout or design of residential structures except to the extent incidentally necessitated by use, size, and height restrictions. 4.1.3 Setbacks and Height. No residential or other structure (exclusive of fences and similar structures) shall be placed nearer to the Building Lot lines or built higher than permitted by the Plat for the Tract in which the Building Lot is located, by any applicable zoning restriction, by any conditional use permit, or by a building envelope designated either by Grantor or the applicable Architectural Committee, whichever is more restrictive. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 6 • . 4.1.4 Accessory Structures. Detached garages shall be allowed if in conformity with the provisions of this Declaration, and as approved by the applicable Architectural Committee. No detached storage sheds shall be allowed on any Building Lot. Garages, storage sheds attached to the residential structure, patio covers, and detached patio covers, shall be constructed of, and roofed with, the same materials, and with similar colors and design, as the residential structure on the applicable Building Lot. No playhouses, playground equipment, pools, pool slides, diving boards, hot tubs, spas, or similar items shall extend higher than five (5) feet above the finished graded surface of the Building Lot upon which such item(s) are located, unless specifically so allowed by the Architectural Committee, in its sole discretion. Basketball courts, tennis courts, or backboards shall be allowed in the back yard of any Building Lot, provided that such courts or backboards are approved by the Architectural Committee and are not visible from any street, and do not promote noise or other nuisance that is offensive or detrimental to other property in the vicinity of the Building Lot or offensive or detrimental to the occupants of such other property. 4.1.5 've All access driveways shall have a wearing surface ap- proved by the Architectural Committee of asphalt, concrete, or other hard surface materials, and shall be properly graded to assure proper drainage. 4.1.6 Mailboxes. All replacement mailboxes and stands will be of consistent design, material, and coloration and shall be located on or adjoining Building Lot lines at places designated by Grantor or the Architectural Committee. 4.1.7 Fem. Fence designs shall not extend into any common green space within the subdivision. All fenang and boundary walls constructed on any Building Lot shall be of compatible style and material to that other fencing constructed adjacent to or abutting Common Areas, public and private streets, and shall otherwise be as approved by the Architectural Committee. 4.1.8 Ljg,~pg. Exterior lighting, including flood lighting, shall be part of the architectural concept of the Improvements on a Building Lot. Fixtures, standards, and all exposed accessories shall be harmonious with building design, and shall be as approved by the applicable Architectural Committee. Lighting shall be restrained in design, and excessive brightness shall be avoided. Private lighting for the Common Areas of the Property, including private streets, shall be the responsibility of the Association per Article 5. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 7 • • 4.2 ~pp~g. No exterior radio antenna, television antenna, or other antenna of any type shall be erected or maintained on the Property unless it is approved by the Architectural Committee and located or screened in a manner acceptable to said Architectural Committee. No satellite dishes shall be allowed on the Property; provided, however, that small dishes of approximately three (3) feet or less diameter may be placed in an appropriate portion of a Lot not visible from the street if allowed by the Architectural Committee, and subject to all terms and conditions, including screening, which may be imposed in the sole discretion of the Architectural Committee. 4.3 Insurance Rates. Nothing shall be done or kept on any Building Lot which will increase the rate of insurance on any other portion of the Property without the approval of the Owner of such other portion, nor shall anything be done or kept on the Property or a Building Lot which would result in the cancellation of insurance on any property owned or managed by any such Association or which would be in violation of any law. 4.4 I\Lo Further Subdivision. No Building Lot may be further subdivided, nor may any easement or other interest therein, unless such subdivision complies with all applicable laws. 4.5 Sians. No sign of any kind shall be displayed to the public view without the approval of the applicable Architectural Committee or Association, except: (A) such signs as may be used by Grantor in connection with the develop- ment of the Property and sale of Building Lots; (B) temporary signs naming the contractors, the architect, and the lending institution for particular construction operation; (C) such signs identifying Subdivision, or informational signs, of customary and reasonable dimensions as prescribed by the Architectural Committee may be displayed on or from the Common Area; and, (D) one (1) sign of customary and reasonable dimensions not to exceed three (3) feet by two (2) feet may be displayed by an Owner other than Grantor on or from a Building Lot advertising the residence for sale or lease All signage, including signage for the exceptions listed as (A)-(D), must be done in accordance with the Subdivision signage format. Without limiting the foregoing, no sign shall be placed in the Common Area without the written approval of the applicable Architectural Committee or the Association. 4.6 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumu- MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 8 • • late anywhere upon the Property, including the Common Area or vacant Building Lots, and no odor shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive, or detrimental to the Property or to its occupants, or to any other property in the vicinity thereof or to its occupants. No noise or other nuisance, as described in the Meridian City Code, as amended from time to time, shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to the Property or to its occupants or to other property in the vicinity or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells, or other sound devices (other than security devices used exclusively for security purposes which have been approved by the Association), flashing lights, or search lights, shall be located, used, or placed on the Property without the prior written approval of the Association. 4.7 Exterior Maintenance: Owner's Obligations. No Improvement shall be permitted to fall into disrepair, and each Improvement shall at all times be kept in good condition and repair. In the event that any Owner shall permit any Improvement, including trees and landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly, or unattractive condition, or damages property of facilities on or adjoining their Building Lot which would otherwise be the Association's responsibility to maintain, the Board of the Association, upon fifteen (15) days prior written notice to the Owner of such property, shall have the right to correct such condition, and to enter upon such Owner's Building Lot for the purpose of doing so, and such Owner shall promptly reimburse the Assoaation for the cost thereof. Such cost shall be a limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth in Article VIII of this Declaration. The Owner of the offending property shall be personally liable, and such Owner's property may be subject to a mechanic's lien, for all costs and expenses incurred by the Association in taking such corrective acts, plus all costs incurred in collecting the amounts due, including attorney's fees and costs. Each Owner shall pay all amounts due for such work within ten (10) days after receipt of written demand therefore, or the amounts may, at the option of the Board, be added to the amounts payable by such Owner as Regular Assessments. Each Owner shall have the remedial rights set forth herein if the applicable Association fails to exercise its rights within a reasonable time following written notice by such Owner. 4.8 Drainage. There shall be no interference with the established drainage pattern over any portion of the Property, unless an adequate alternative provision is made for proper drainage and is first approved in writing by the applicable Architectural Committee. For the purposes hereof, "established" drainage is defined as the system of drainage, whether natural or otherwise, which exists at the time the overall grading of any portion of the Property is completed by Grantor, or that drainage which is shown on any plans approved by the Architectural Committee, which may include drainage from the Common Area over any Building Lot in the Property. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 9 • • 4.9 Grading. The Owner of any Building Lot within the Property in which grading or other work has been performed pursuant to a grading plan approved under applicable provisions of Meridian City Code, Ada County Code, or by the Association, shall maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures, means, or devices which are not the responsibility of the Ada County Highway District, the Association, or other public agency, and plantings and ground cover installed or completed thereon. Such requirements shall be subject to Regular, Special, and Limited Assessments provided in Article VII herein, as may be applicable. 4.10 Water Sup Irv Systems. No separate or individual water supply system, regardless of the proposed use of the water to be delivered by such system, shall be permitted on any Building Lot unless such system is designed, located, constructed, and equipped in acxordance with the requirements, standards, and recommendations of the Board of the Association and all governmental authorities having jurisdiction. Grantor or affiliates of Grantor may use the water supply as deemed necessary for temporary or other irrigation purposes. 4.11 No Hazardous Activities. No activities shall be conducted on the Property, and Improvements constructed on any property which are or might be unsafe or hazardous to any person or property. 4.12 Unsig~y Articles. No unsightly articles shall be permitted to remain on any Building Lot so as to be visible from any other portion of the Property. Without limiting the generality of the foregoing, refuse, garbage, and trash shall be kept at all times in such containers and in areas approved by the applicable Architectural Committee. No clothing or fabrics shall be hung, dried, or aired in such a way as to be visible to other property, and no equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, plant waste, metals, bulk material, scrap, refuse, or trash shall be kept, stored or allowed to accumulate on any Building Lot except within an enclosed structure or as appropriately screened from view. No vacant residential structures shall be used for the storage of building materials. 4.13 No Temporary Structures. No house trailer, mobile home, tent (other than for short term individual use which shall not exceed one [1 ] week unless approved by the Associa- tion), shack or other temporary building, improvement, or structure shall be placed upon any portion of the Property, except temporarily as may be required by construction activity undertaken on the Property. Also excepted from this requirement is any sales office established for the Property. 4.14 No Unscreened Boats. Campers. and Other Vehicles. No boats, trailers, campers, all-terrain vehicles, motorcycles, recreational vehicles, bicycles, dilapidated or unrepaired and unsightly vehicles, or similar equipment shall be placed upon any portion of the MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 10 • • Property (including, without limitation, streets, parking areas, and driveways) unless the same are enclosed by a structure concealing them from view in a manner approved by the Architectural Committee. To the extent possible, garage doors shall remain closed at all times. 4.15 Sewage Dis osal stems. No individual sewage disposal system shall be used on the Property. Each Owner shall connect the appropriate facilities on such Owner's Building Lot to the Meridian City Sewer System and pay all charges assessed therefor. 4.16 No Mining or Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing water, oil, gas, or other hydrocarbons, minerals, rocks, stones, sand, gravel or earth. This paragraph 4.16 shall not prohibit exploratory drilling or coring which is necessary to construct a residential structure or Improvements. 4.17 Energy Devices. Outside. No energy production devices, including but, not limited to, generators of any kind and solar energy devices, shall be constructed or maintained on any portion of the Property without the written approval of the applicable Architectural Committee, except for heat pumps shown in the plans approved by the Architectural Committee. This paragraph 4.17 shall not apply to passive solar energy systems incorporated into the approved design of a residential structure. 4.18 yghicles. The use of all vehicles, including, but not limited to, trucks, automobiles, bicycles, motorcycles, snowmobiles, aircraft, and boats, shall be subject to all Association Rules, which may prohibit or limit the use thereof within Packard Subdivision. No on- street parking shall be permitted except where expressly designated for parking use. No parking bays shall be permitted in any side, front, or backyard. Vehicles parked on a driveway shall not extend into any sidewalk or bike path or pedestrian path. No motorized vehicle or device shall be permitted on any Waterway unless such vehicle is engaged in an emergency procedure. . 4.19 Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be kept on the Property unless the presence of such creatures does not constitute a nuisance. The paragraph 4.19 does not apply to the keeping of up to two (2) domesticated dogs, up to two (2) domesticated cats, and other household pets which do not unreasonably bother or constitute a nuisance to others. Without limiting the generality of the foregoing, consistent and/or chronic barking by dogs shall be considered a nuisance. Each dog in Packard Subdivision shall be kept on a leash, curbed, and otherwise controlled at all times when such animal is off the premises of its owner. Such owner shall clean up any animal defecation immediately from the Common Area or public right-of-way. Failure to do so may result, at the Board's discretion, with a Limited Assessment levied against such animal owner. No dog or cat shall be allowed in any Waterway. The construction of dog MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 11 • • runs or other pet enclosures shall be subject to applicable Architectural Committee approval, shall be appropriately scxeened, and shall be maintained in a sanitary condition. Dog runs or other pet enclosures shall be placed a minimum of ten (10) feet from the side and twenty-five (25) feet from the rear Building Lot line, shall not be placed in any front yard of a Building Lot, and shall be screened from view so as not to be visible from the Common Area or an adjacent Building Lot. 4.20 Landsca~na. The Owner of any Building Lot shall sod and landscape such Building Lot in conformance with the landscape plan approved by the Association, and as approved by the Architectural Committee. All landscaping shall be planted within thirty (30) days after said dwelling structure is completed, weather permitting. But if Grantor or an affiliate of Grantor construct the dwelling structure, only the front yard of the Building Lot is required to be landscaped within thirty (30) days of substantial completion of the dwelling structure. The Owner is then responsible for completing the balance of the Building Lot landscaping within ninety (90) days after the Building Lot is conveyed to the first Owner of the Building Lot. Additionally, Grantor may grant extensions of the landscaping deadlines to any party for up to ninety (90) days. Prior to construction of Improvements, the Owner (or any Association to which such responsibility has been assigned) shall provide adequate irrigation and maintenance of existing trees and landscaping, shall control weeds, and maintain the Owner's (or Association's) property in a clean and safe condition free of debris or any hazardous condition. All trees located on common Building Lot lines shall be the joint responsibility of the adjoining Building Lot owners. All landscaped Common Areas other than riparian vegetation shall be irrigated by an underground sprinkler system. Following commencement of any construction of any Improvement, construction shall be diligently pursued and completed as soon as reasonably practical. All landscaping on a Building Lot, unless otherwise specified by the applicable Architectural Committee, shall be completed as soon as reasonably practical following completion of the residential structure on such Building Lot. 4.21 Exemption of Grantor. Nothing contained herein shall limit the right of Grantor to subdivide or re-subdivide any portion of the Property, to grant licenses, to reserve rights- of-way and easements with respect to the Common Area to utility companies, public agencies, or others, or to complete excavation, grading, and construction of Improve- ments to and on any portion of the Property owned by Grantor, or to alter the foregoing and its construction plans and designs, or to construct such additional Improvements as Grantor deems advisable in the course of development of the Property so long as any Building Lot in the Property remains unsold. Such right shall include, but shall not be limited to, erecting, constructing, and maintaining on the Property such structures and displays as may be reasonably necessary for the conduct of Grantor's business of completing the work and disposing of the same by sales lease or otherwise. Grantor shall MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 12 • • have the right at anytime prior to acquisition of title to a Building Lot by a purchaser from Grantor to grant, establish, and/or reserve on that .Building Lot, additional licenses, reservations and rights-of way to Grantor, to utility companies, or to others as may from time to time be reasonably necessary to the proper development and disposal of the Property. Grantor may use any structures owned by Grantor on the Property as model home complexes or real estate sales or leasing offices. Grantor need not seek or obtain Architectural Committee approval of any Improvement constructed or placed by Grantor or an affiliate of Grantor on any portion of the Property owned by Grantor or an affiliate of Grantor. The rights of Grantor hereunder may be assigned by Grantor to any successor in interest in connection with Grantor's interest in any portion of the Property, by an express written assignment recorded in the Office of the Ada County Recorder. 4.22 Conveyances to and from Munici alp ities. The Board shall have the power to convey any portion of the Common Area in Packard Subdivision to the City of Meridian, the County of Ada, the State of Idaho, the United States of America, or any political subdivi- sion thereof. The Board shall also have the power to receive a conveyance of any property interest from the above-referenced entities, or any other individual or entity, and to hold such property interest as Common Area. 4.23 Water Rights Rpurtenant to Subdivision Lands. Within one hundred twenty (120) days of the date of the recording of this Declaration, Grantor shall transfer from the Property subject to this Declaration, and within the boundaries of an irrigation entity, as defined in said Section 31-3805, Idaho Code, all water rights and assessment obligations appurtenant to the Property to the Association. 4.24 Commencement of Construction. Any owner of a Building Lot shall, within a period of one (1) year following the date of purchase of a Building Lot from Grantor, commence the construction of a dwelling structure in compliance with the restrictions herein, and such construction shall be completed within nine (9) months thereafter. The term "Commence the construction", as used in this paragraph 4.24, shall require actual physical construction activities upon such dwelling structure upon such Building Lot. In the event such Owner shall fail or refuse to commence the construction of a dwelling structure within said one (1) year period, Grantor may, at Grantor's option, following the expiration of said one (1) year period, repurchase said Building Lot from such Owner or the then Owner of such Building Lot at a repurchase price equivalent to the money actually paid to Grantor, less any amount equivalent to ten (10) percent thereof. In the event Grantor shall exercise Grantor's option to repurchase such Building Lot, upon tender of said repurchase price, Owner or the then Owner of such Building Lot shall make, execute, and deliver to Grantor a deed reconveying said Building Lot, free and clear of all liens, which deed shall be binding upon all persons who may, at any time hereafter, own or claim any right, title, or interest in such Building Lot, and the successors in title thereto, whether acquired by voluntary act or through operation of law. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 13 • • ARTICLE V: PACKARD HOMEOWNERS' ASSOCIATION 5.1 Organization of Packard Homeowners' Association. Packard Homeowners' Associa- tion ("Assocaton") shall be initially organized by Grantor as an Idaho non-profit corpora- tion under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with he powers prescribed by law and set forth in the Articles, Bylaws, and this Declaration. Neither the Articles nor the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration or with any Supplemental Declaration which Grantor might adopt pertaining to the Subdivision. 5.2 Membership. Each Owner, by virtue of being 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. Memberships in the Association shall be appurtenant to the Tract, Building Lot, or other portion of the Property owned by such Owner. The memberships in the Association shall not be transferred, pledged, assigned, or alienated in any way except upon the transfer of Owner's title and then only to the transferee of such title. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 5.3 Voting. Voting in the Association shall be carried out by Members who shall cast the votes attributable to the Building Lots which they own, or attributable to the Building Lots owned by Grantor. The number of votes any Member may cast on any issue is deter- mined by the number of Building Lots which the Member, including Grantor, owns. When more than one person holds an interest in any Building Lot, all such persons shall be Members but shall share the votes attributable to the Building Lot. For voting purposes, the Association shall have two (2) classes of Members as described below: 5.3.1 Class A Members. Owners other than Grantor shall be known as Class A Members. Each Class Member shall be entitled to cast one (1) vote for each Building Lot owned by such Class A Member on the day of the vote. 5.3.2 Class B Members. The Grantor shall be known as the Class B Mem- ber, and shall be entitled to ten (10) votes for each Building Lot of which Grantor is the Owner. The Class B Member shall cease to be a voting Member in the Association when the total cumulative votes of the Class A Members equal or exceed the total votes of the Class B Members, provided that the Class B membership shall not cease before the expiration of ten (10) years from the date on which the first Building Lot is sold to an Owner. Fractional votes shall not be allowed. In the event that joint Owners are unable to agree MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 14 • • among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter being put to a vote. When an Owner casts a vote, it will thereafter be presumed conclusively for all purposes that such Owner was acting with authority and consent of all joint Owners of the Building Lot(s) from which the vote derived. The right to vote may not be severed or separated from the ownership of the Building Lot to which it is appurtenant, except that any Owner may give a revocable proxy, or may assign such Owner's right to vote to a lessee, mortgagee, beneficiary, or contract purchaser of the Building Lot concerned, for the term of the lease, mortgage, deed of trust, or contract. Any sale, transfer, or conveyance of such Building Lot to a new Owner shall operate automatically to transfer the appurtenant voting right to the Owner, subject to any assignment of the right to vote to a lessee, mortgagee, or beneficiary as provided herein. 5.4 Board of Directors and Officers. The affairs of the Association shall be conducted and managed by a Board of Directors ("Board") and such officers as the Board may elect or appoint, in accordance with the Articles and Bylaws, as the same may be amended from time to time. The Board of the Association shall be elected in accordance with the provisions set forth in the Association Bylaws. 5.5 Power and Duties of the Association. 5.5.1 Powers. The Association shall have all the powers of a corporation organized under the general corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, and this Declaration. The Association shall have the power to do any and all lawful things which may be autho- rized, required or permitted to be done by the Association under Idaho law and under this Declaration, and the Articles and Bylaws, and to do and perform any and all acts which may be necessary to, proper for, or inciden- tal to the proper management and operation of the Common Area and the Declaration's other assets (including water rights when and if received from Grantor) and affairs and the performance of the other responsibilities herein assigned, including without limitation: 5.5.1.1 Assessmerrts. The power to levy Assessments on any Owner or any portion of the Property and to force payment of such Assessments, all in accordance with the provisions of this Declaration. 5.5.1.2 $~aht of Enforcement. The power and authority from time to time in its own name, on its own behalf, or on behaff of any Owner who consents thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threat- MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 15 • • ened breach of this Declaration or the Article or the Bylaws, including the Association Rules adopted pursuant to this Declaration, and to enforce by injunction or otherwise, all provisions hereof. 5.5.1.3 Delegation of Powers. The authority to delegate its power and duties to committees, officers, employees, or to any person, firm, or corporation to act as manager, and to contract for the maintenance, repair, replacement, and opera- tion of the Common Area. Neither the Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. 5.5.1.4 Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules and regula- tions as the Association deems reasonable. The Association may govern the use of the Common Areas, including, but not limited to, the use of private streets by the Owners, their families, invitees, licensees, lessees, or contract purchasers; provided, however, that any Association Rules shall apply equally to all Owners and shall not be inconsistent with this Declaration, the Articles, or the Bylaws. A copy of the Associ- ation Rules as they may from time to time be adopted, amend- ed, or repealed, shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if they were set forth in and were a part of this Declaration. In the event of any conflict between such Association Rules and any other provisions of this Declaration, or the Articles or the Bylaws, the provisions of the Association Rules shall be deemed to be superseded by provisions of this Declaration, the Articles, or the Bylaws to the extent of any such inconsistency. 5.5.1.5 Emergency Powers. The power, exercisable by the Association or by any person authorized by it, to enter upon any property (but not inside any building constructed thereon) in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which the Associa- tion is responsible. Such entry shall be made with as little inconvenience to the Owner as practicable, and any damage MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 16 caused thereby shall be repaired by the Association. 5.5.1.6 ~ icenses. Easements. and Rights-of Wav. The power to grant and convey to any third party such licenses, ease- ments, and rights-of--way in, on, or under the Common Area as may be necessary or appropriate for the orderly maintenance, preservation, and enjoyment of the Common Area, and for the preservation of the health, safety, convenience, and welfare of the Owners, for the purpose of constructing, erecting, operat- ing, or maintaining: 5.5.1.6.1 Underground lines, cables, wires, conduits, or other devices for the transmission of electricity or electronic signals-for lighting, heating, power, telephone, television, or other purposes, and the above ground lighting stan- chions, meters, and other facilities associated with the provisions of lighting and services; and, 5.5.1.6.2 Public sewers, storm drains, water drains, and pipes, water supply systems, sprin- kling systems, heating and gas lines or pipes, and any similar public or quasi-public improve- ments or facilities. 5.5.1.6.3 Mailboxes and sidewalk abutments around such mailboxes, or any service facility, berm, fencing and landscaping abutting com- mon areas, public and private streets or land conveyed for any public orquasi-public purpose including, but not limited to, bicycle pathways. The right to grant such licenses, easements, and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty-one (21) years after the death of the issue of the individuals executing this Declaration on behaff of Grantor who are being as of the date hereof. 5.5.2 Duties. In addition to duties necessary and proper to carry out the power delegated to the Association by this Declaration, and the Articles and Bylaws, without limiting the generality thereof, the Association or its agent, if any, shall have the authority and the obligation to conduct all business MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 17 • affairs of the Association and to perform, without limitation, each of the following duties: 5.5.2.1 Operation and Maintenance of the Common Area. Operate, maintain, and otherwise manage, or provide for the operation, maintenance, and management of, the Common Area and landscape Easement areas (as defined in Section 3.13), including the repair and replacement of property dam- aged or destroyed by casualty loss. Speafically, the Association shall, at Grantor's sole discretion, operate and maintain all properties owned by Grantor which are designated by Grantor for temporary or permanent use by Members of the Association. Such properties may include those lands intended for open space uses and which may be referred to as "non-buildable" lots per the Plat. Additionally, the Association may, in its discretion, limit or restrict the use of the Common Area to the Owners residing in the Subdivision. 5.5.2.2 Reserve Account. Establish and fund a reserve ac- countwith areputable banking institution or savings and loan association or title insurance company authorized to do business in the State of Idaho, which reserve account shall be dedicated to the costs of repair, replacement, maintenance and improvement of the Packard Common Area, and enforce- ment of the terms of the Conservation Agreement as defined below. 5.5.2.3 Maintenancg of Berms Retaining Wal( and Fences. Maintain the berms, retaining walls, fences, and water ameni- ties within and abutting the Common Area and Landscape Easement areas. 5.5.2.4 Taxes and Assessments. Pay all real and personal property taxes and Assessments separately levied against the Common Area or against the Subdivision, the Association, and/or any other property owned by the Association. Such taxes and Assessments may be contested or compromised by the Association, provided, however, that such taxes and Assessments are paid or a bond insuring payment is posted MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 18 • prior to the sale or disposition of any property to satisfy the payment of such taxes and Assessments. In addition, the Association shall pay all other federal, state, or local taxes, including income or corporate taxes levied against the Associ- ation, in the event that the Association is denied the status of a tax exempt corporation. 5.5.2.5 Water and Other Utilities. Acquire, provide, and/or pay for water, sewer, garbage disposal, refuse and rubbish collec- tion, electrical, telephone, and gas, and other necessary services, for the Common Area, and manage for the benefit of the Subdivision all domestic, irrigation, and amenity water rights and rights to receive water held by the Association, whether such rights are evidenced by license, permit, claim, stock ownership, or otherwise. The Association shall main- tain, repair, and operate any sewer lift stations located on the Property. 5.5.2.6 Insurance. Obtain insurance from reputable insurance companies authorized to do business in the State of Idaho, and maintain in effect any insurance policy the Board deems necessary or advisable, including, without limitation the follow- ing policies of insurance: 5.5.2.6.1 Fire insurance, including those risks embraced by coverage of the type known as the broad form "All Risk" or special extended cover- age endorsement on a blanket agreed amount basis for the full insurable replacement value of all Improvements, equipment, and fixtures lo- cated within the Common Area. 5.5.2.6.2 Comprehensive public liability insur- ance insuring the Board, the Association, the Grantor, and the individual grantees and agents and employees of each of the foregoing, against any liability incident to the ownership and/or use of the Common Area. Limits of liability of such coverage shall be as follows: Not less than One Million Dollars and No Cents ($1,000,000.0) per MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 19 • person, and One Million Dollars and No Cents ($1,000,000.00) per occurrence, with respect to per- sonal injury or death, and One Million Dollars and No Cents ($1,000,000.00) per occurrence with respect to property damage. 5.5.2.6.3 Full coverage directors' and officers' liability insurance with a limit of at least Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00). 5.5.2.6.4 Such other insurance, including motor vehicle insurance and Workmen's Compensa- tion insurance, to the extent necessary to com- plywith all applicable laws and indemnity, faith- ful performance, fidelity, and other bonds as the Board shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property. 5.5.2.6.5 The Association shall be deemed trus- tee of the interests of all Owners in connection with any insurance proceeds paid to the Associ- ation under such policies, and shall have full power to receive such Owner's interests in such proceeds and to deal therewith. 5.5.2.6.6 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assess- ments levied by the Association. 5.5.2.7 Rule Making. Make, establish, promulgate, amend, and repeal such Association Rules as the Board shall deem advisable. 5.5.2.8 Newsletter. If it so elects, prepare and distribute a MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 20 • newsletter on matters of general interest to Association Mem- bers, the cost of which shall be included in Regular Assess- ments. 5.5.2.9 Architectural Committee. Appoint and remove mem- bers of the Architectural Committee, subject to the provisions of this Declaration. 5.5.2.10 Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Decla- ration, as may be reasonably advisable or necessary to en- force any of the provisions of the Declaration, or of the Articles or the Bylaws, including, without limitation, the recordation of any claim of lien with the Ada County Recorder, as more fully provided herein. 5.5.2.11 Private Streets. Signs. and Lights. Maintain, repair, or replace private streets (as noted on the Plat and including any cul-de-sac easements), street signs, and private street lights located on the Property. This duty shall run with the land and cannot be waived by the Association unless the City of Merid- ian consents to such waiver. 5.6 Personal Liability. No Member of the Board, or member of any committee of the Association, or any officer of the Association, or the Grantor, or the manager, if any, shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss, or prejudice suffered or claimed on the account of any act, omission, error, or negligence of the Assocation, the Board, the manager, if any, or any other representa- tive or employee of the Association, the Grantor, or the Architectural Committee, or any other committee, or any officer of the Association, or the Grantor, provided that such person, upon the basis of such information as may be possessed by such person, has acted in good faith without willful or intentional misconduct. 5.7 Bu bets and Financial Statements. Financial statements for the Association shall be prepared regularly and copies shall be distributed to each Member of the Association as follows: 5.7.1 A pro forma operating statement or budget, for each fiscal year shall be distributed not less than sixty (60) days before the beginning of each fiscal year. The operating statement shall include a schedule of Assess- ments received and receivable, identified by the Building Lot number and the name of the person or entity assigned. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 21 • • 5.8 Meetings of Association. Each year the Assoaation shall hold at least one (1) meeting of the Members, according to the schedule for such meetings established by the Bylaws; provided, however, that such meeting shall occur no later than November 1 each year. Only Members shall be entitled to attend Assoaation meetings, and all other persons may be excluded. Notice for all Association meetings, regular or special, shall be given by regular mail to all Members, and any person in possession of a Building Lot, not less than ten (10) days, nor more than thirty (30) days, before the meeting and shall set forth the place, date, and hour of the meeting and the nature of the business to be conducted. All meetings shall be held within the Property or as close thereto as practical at a reasonable place selected by the Board. The presence at any meeting in person of the Class B Member, where there is such a Member, and of the Class A Members representing Owners holding at least thirty percent (30%) of the total votes of all Class A Members, shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present any adjourn the meeting to a time not less than ten (10) days nor more than thirty (30) days from the time the original meeting was scheduled. A second meeting may be called as the result of such an adjournment, provided notice is given as provided above. At any such meeting properly called, the presence of any Member shall constitute a quorum. 6.1 Use of Common Area. Every Owner shall have a right to use each parcel of the Common Area, which right shall be appurtenant to and shall pass with the title to every Building Lot, subject to the following provisions: 6.1.1 The right of the Association holding or controlling such Common Area to levy and increase Assessments; 6.1.2 The right of the Association to suspend the voting rights and rights to use of, or interest in, the Common Area recreational facilities (but not including access to private streets, cul-de-sacs and walkways of the Prop- erty) by an Owner for any period during which any Assessment or charge against such Owner's Building Lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of the Association Rules; and, 6.1.3 The right of the Assoaation to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be permitted by the Articles and the Bylaws and agreed to by the Members. No dedication or transfer of said Common Area shall be effective unless an instrument agreeing to such dedication or transfer signed by Members representing two-thirds (2/s) of each class of Members has been recorded. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 22 C~ • 6.1.4 The right of the Assocaton to prohibit the construction of structures or Improvements on all Common Areas which interfere with the intended use of such areas as private street, cul-de-sacs and walkways. 6.1.5 The right of the Association to protect wildlife habitat. 6.2 Designation of Common Area. Grantor shall designate and reserve the Common Area in the Declaration, Supplemental Declarations, and/or recorded Plats, deeds, or other instruments, and/or otherwise provided herein. 6.3 Delegation of Right to Use. Any Owner may delegate, in accordance with the respective Bylaws and Association Rules of the Association, such Owner's right of enjoyment to the Common Area, to the members of such Owner's family in residence, and such Owner's tenants or contract purchasers who reside on such Owner's Building Lot. Only Grantor or the Association shall have the right to delegate the right of enjoyment to the Common Area to the general public, and such delegation to the general public shall for a fee set by Grantor or the Association. 6.4 pamages. Each Owner shall be fully liable for any damage to any Common Area which may be sustained by reason of the negligence or willful misconduct of the Owner, such Owner's resident tenant or contract purchaser, or such Owner's family and guests, both minor and adult. In the case of joint ownership of a Building Lot, the liability of such Owners shall be joint and several. The cost of correcting such damage shall be a Limited Assessment against the Building Lot and may be collected as provided herein for the collection of other Assessments. 7.1 Covenant to Pay Assessments. By acceptance of a deed to any property in the Subdivision, each Owner of such property hereby covenants and agrees to pay when due all Assessments or charges made by the Association, including all Regular, Special, and Limited Assessments and charges made against such Owner pursuant to the provisions of this Declaration or other applicable instrument. 7.1.1 Assessment Constitutes Lien. Such Assessments and Charges, together with interest, costs, and reasonable attorneys' fees which may be incurred in collecting the same, shall be a charge on the land and shall be a continuing lien upon the property against which each such Assessment or charge is made. 7.1.2 Assessment is Personal Obligation. Each such Assessment, together MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 23 • • with interest, costs and reasonably attorneys' fees, shall also be the per- sonal obligation of the Owner of such property beginning with the time when the Assessment falls due. The personal obligation for delinquent Assess- ments shall not pass to such Owner's successors in title unless expressly assumed by them but shall remain such Owner's personal obligation regardless of whether he remains an Owner. 7.2 Regular Assessments. All Owners, including the Grantor, are obligated to pay Regular Assessments to the treasurer of the Association on a schedule of payments established by the Board. 7.2.1 Purpose of Regular Assessments. The proceeds from Regular Assessments are to be used to pay for all costs and expenses incurred by an Association, including legal and attorneys' fees and other professional fees, for the conduct of its affairs, including without limitation the costs and expenses of construction, improvement, protection, maintenance, repair, management, and operation of the Common Areas, including all Improve- ments located on such areas owned and/or managed and maintained by such Association, and an amount allocated to an adequate reserve fund to be used for repairs, replacement, maintenance, and improvement of those elements of the Common Area, or other property of the Association that must be replaced and maintained on a regular basis (collectively "Ex- penses"). 7.2.2 Computation of Regular Assessments. The Association shall compute the amount of its Expenses on an annual basis. The Board shall compute the amount of Regular Assessments owed beginning the first day of the third month following the month in which the closing of the first sale of a Building Lot occurred in Packard Subdivision for the purposes of the Association's Regular Assessment ("Initiation Date"). Thereafter, the computation of Regular Assessments shall take place not less than thirty (30) nor more than sixty (60) days before the beginning of each fiscal year of an Association. The computation of the Regular Assessment for the period from the Initiation Date until the beginning of the next fiscal year shall be reduced by an amount which fairly reflects the fact that such period was less than one (1) year. 7.2.3 Amounts Paid by Owners. The Board can require, in its discretion or as provided in the Articles or Bylaws, payment of Regular Assessments in monthly, quarterly, semi-annual, or annual installments. The Regular Assessment to be paid by any particular Owner, except Grantor, for any given fiscal year shall be computed as follows: MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 24 • 7.2.3.1 As to the Association's Regular Assessment, each Owner shall be assessed and shall pay an amount computed by multiplying the Association's total advance estimate of Expenses by the fraction produced by dividing the Building Lots in the applicable Tract attributable to the Owner by the total number of Building Lots in such Tract. 7.2.3.2 Up until two (2) years following the date of the sale of a Building Lot in a particular Tract of the development, the Grantor shall be assessed the difference between the total revenue of the Association less the total expenses of the Association ("Shortfall") for that Tract of the development. The Grantor agrees to pay the cost of any Shortfall in order to properly maintain the Packard Subdivision during the develop- ment of each Tract. After two (2) years from the date of the first sale of a Building Lot in a particular Tract, the Grantor shall be assessed the Regular Assessment (defined in Section 7.2.3.1) for each Building Lot remaining in the respective Tract. This reduced assessment is in return for the Grantor paying the maintenance obligations for the Common Area prior to the acceptance of these obligations by the Associa- tion. 7.3 Special Assessments. 7.3.1 PurQOSe and Procedure. In the event that the Board of an Association shall determine that its respective Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses of such Association for any reason, including but not limited to costs of construction, reconstruc- tion, unexpected repairs or replacement of capital improvements upon the Common Area, attorney's fees and/or litigation costs, other professional fees, or for any other reason, the Board thereof shall determine the approxi- mate amount necessary to defray such Expenses and levy a Special Assessment against the portions of the Property within its jurisdiction which shall be computed in the same manner as Regular Assessments. No Special Assessment shall be levied which exceeds twenty percent (2096) of the budgeted gross Expenses of such Association for that fiscal year, without the vote or written assent of the Owners representing a majority of the votes of the Members of such Association. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 25 • CJ 7.3.2 Consistent Basis of Assessment. Every Special Assessment levied by and for an Association shall be levied and paid upon the same basis as that prescribed for the levying and payment of Regular Assessments for such Association. 7.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, a Board may levy a Limited Assessment against a Member as a remedy to reimburse the Association for costs incurred in bringing the Member and/or such Member's Building Lot or restricted Common Area into compliance with the provisions of the governing instruments for Packard Subdivision. 7.5 Uniform Rate of Assessment. Unless otherwise specifically provided herein, Regular and Special Assessments shall be fixed at a uniform rate per Building Lot for all Members of the Association. 7.6 Assessment Period. Unless otherwise provided in the Articles of Bylaws, the Assess- ment period shall commence on January 1 of each year and terminate December 31 of the year in which the Initiation Date occurs. The first Assessment shall be pro-rated according to the number of months remaining in the fiscal year and shall be payable in equal monthly installments. 7.7 Notice and Assessment Due Date. Ten (10) days prior written notice of Regular and Special Assessments shall be sent to the Owner of every Building Lot subject thereto, and to any person in possession of such Building Lot. The due dates for installment payment of Regular Assessments and Special Assessments shall be the first day of each month unless some other due date is established by the Board. Each monthly installment of the Regular Assessment of Special Assessment shall become delinquent if not paid within ten (10) days after the levy thereof. There shall accrue with each delinquent installment payment a late charge equal to ten percent (10%) of the delinquent installment. In addition, each installment payment which is delinquent for more than twenty (20) days shall accrue interest at eighteen percent (18%) per annum calculated the date of delin- quency to and including the date full payment is received by an Association. An Associa- tion may bring an action against the delinquent Owner and may foreclose the lien against such Owner's Building Lot as more fully provided herein. Each Owner is personally liable for Assessments, together with all interest, costs and attorneys' fees, and no Owner may exempt such Owner from such liability by a waiver of the use and enjoyment of the Common Areas, or by lease or abandonment of such Owner's Building Lot. 7.8 Estoppel Certificate. The Association, upon at least twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request, a statement in writing stating whether or not, to the knowledge of the Association, a particular Building Lot Owner is in default under the provisions of this Declaration, and MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 26 • further stating the dates to which any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this paragraph 7.8 may be relied upon by any prospective purchaser or mortgagee of the Owner's Building Lot. Reliance on such Certificate may not extend to any default as to which the signor shall have had no actual knowledge. 7.9 Soecial Notice and Quorum Requirements. Notwithstanding anything to the contrary contained in either the Bylaws or the Articles, written notice of any meeting called for the purpose of levying a Special Assessment, or for the purpose of obtaining a membership vote in connection with an increase in the Regular Assessment, shall be sent to all Members of the Association and to any person in possession of a Building Lot in the applicable Tract, not less than fifteen (15) days nor more than thirty (30) days before such meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60°~) of the total votes of the Assgciation shall constitute a quorum. If such quorum is not present, subsequent meetings may be called subject to the same notice requirement, and the required quorum at the subsequent meetings shall be fifty percent (50%) of the quorum required at the preceding meeting. No such subsequent meeting shall be held more than thirty (30) days following the preceding meeting. 8.1 Right to Enforce. The Assocation has the right to collect and enforce its Assessments pursuant to the provisions hereof. Each Owner of Building Lot, upon becoming an Owner of such Building Lot, shall be deemed to covenant and agree to pay each and every Assessment provided for in this Declaration and agrees to the enforcement of all Assessments in the manner herein specified. In the event an attorney or attorneys are employed for the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, each Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy obtained against such Owner. The Board or its authorized representative may enforce the obligations of the Owners to pay such Assessments by commencement and maintenance of a suit at law or in equity, or the Board may exercise the power of foreclosure and sale pursuant to paragraph 8.3 to enforce the liens created hereby. A suit to recover a money judgement for an unpaid Assessment shall be maintainable without foreclosing or waiving the lien hereinafter provided. 8.2 Assessment Liens. 8.2.1 Creation. There is hereby a~eated a claim of lien with power of sale on each and every Building Lot to secure payment of any and all Assessments levied against such Building Lot pursuant to this Declaration together with interest thereon at the maximum rate permitted by law and all costs of MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 27 • collection which may be paid or incurred by the Association making the Assessment in connection therewith, including reasonable attorneys' fees. All sums assessed in accordance with the provisions of this Declaration shall constitute a lien on such respective Building Lots upon recordation of a claim of lien with the Ada County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to the recordation of the notice of delinquency and claim of lien except for tax liens for real property taxes on any Building Lot and Assessments on any Building Lot in favor of any municipal or other governmental assessing body which, by law, would be superior thereto. 8.2.2 Claim of Lien. Upon default of any Owner in the payment of any Regular, Special or Limited Assessment issued hereunder, the Association may cause to be recorded in the oft~ice of the Ada County Recorder a claim of lien. The claim of lien shall state the amount of such delinquent sums and other authorized charges (including the cost of recording such notice), a sufficient description of the Building Lot(s) against which the same have been assessed, and the name of the record Owner thereof. Each delin- quency shall constitute a separate basis for a notice and claim of lien, but any number of defaults may be included within a single notice and claim of lien. Upon payment to the Association of such delinquent sums and charges in connection therewith or other satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction of relief of such delinquent sums and charges. The Association may demand and receive the cost of preparing and recording such release before recording such release before recording the same. 8.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action in court or by sale by the Association establishing the Assessment, its attorney or other person authorized to make the sale. Such sale shall be conducted in accordance with the provisions of the Idaho Code applicable to the exercise of powers of sale permitted by law. The Board is hereby authorized to appoint its attorney, any ofi"icer or director of the Association, or any title company authorized to do business in Idaho as trustee for the purpose of conducting such power of sale or foreclosure. 8.4 wired Notice. Notwithstanding anything contained in this Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of the notice of delinquency and claim of lien, whether judicially, by power of sale or otherwise, until the expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United States mail, certified or registered, postage prepaid, to the Owner of the Building Lot(s) described in such notice of delinquency and claim of lien, and to the person in possession of such Building Lot(s) and a copy thereof is recorded by the MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 28 • Association in the Office of the Ada County Recorder. 8.5 Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein in connection with a given Building Lot shall not be subordinate to the lien of any deed of trust or mortgage except the lien of a first deed of trust or first mortgage given and made in good faith and for value that is of record as an encumbrance against such Building Lot prior to the recordation of a claim of lien for the Assessments. Except as expressly provided in paragraph 8.6 with respect to a first mortgagee who acquires title to Building Lot, the sale or transfer of any Building Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on acxount of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this Declaration. 8.6 Rights of Mortgagees. Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Declaration as amended. ARTICLE IX• INSPECTION OF ASSOCIATION'S BOOKS AND RECORDS 9.1 Member's Riaht of Ins ep coon. The membership register, books of account and minutes of meetings of the Board and committee of an Association shall be made available for inspection and copying by any Member of the Association or by such Member's duly appointed representatives, at any reasonable time and for a purpose reasonably related to such Member's interest as a Member at the office of the Association or at such other place as the Board of such Association shall prescribe. No Member or any other person shall copy the membership register for the purposes of solicitation of or direct mailing to any Member of the Association. 9.2 Rules Regarding Inspection of Books and Records. The Board shall establish reasonable rules with respect to: 9.2.1 Notice to be given to the custodians of the records by the persons desiring to make the inspection. 9.2.2 Hours and days of the week when such an inspection may be made. 9.2.3 Payment of the cost of reproducing copies of documents requested pursuant to this Article IX. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 29 • 9.3 Director's Rights of Ins ems. Every director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association, and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make extracts and copies of documents. 10.1 Creation. Within thirty (30) days of the date on which the Grantor first conveys a Building Lot to an Owner, Grantor shall appoint three (3) individuals to serve on the Packard Architectural Committee ("Architectural Committee"). Each member shall hold office until such time as such member has resigned or has been removed, or such member's successor has been appointed, as provided herein. A member of the Architec- tural Committee need not be an Owner. Members of the Architectural Committee may be removed by the person or entity appointing them at any time without cause. 10.2 Grantor's Ria,, ht of ARC. At any time, and from to time, prior to ten (10) years after the recording date of this Declaration in which Grantor is the Owner of at least ten percent (10°k) of the aggregate Building Lots, Grantor shall have the exclusive right to appoint and remove all members of the Architectural Committee. At all other times, the Association Board shall have the right to appoint and remove all members of the Architectural Committee. If a vacancy on the Architectural Committee occurs and a permanent replacement has not yet been appointed, Grantor or the Board, as the case may be, may appoint an acting member to serve for a specified temporary period not to exceed one (1) year. 10.3 Review of Proposed Construction. The Architectural Committee shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to this Declaration, and perform such other duties as from time to time shall be assigned to it by the Board, including the inspection of construction in progress to assure its conformance with plans approved by the Architectural Committee. The Board shall have the power to determine, by rule or other written designation consistent with this Declaration, which types of Improvements shall be submitted for Architectural Committee review and approval. The Architectural Committee shall have the power to hire an architect, licensed with the State of Idaho, to assist the Architectural Committee in its review of proposals or plans and specifications submitted to the Architectural Committee. The Architectural Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the habitat of the Common Areas, or appearance of the surrounding area of the Property as a whole, that the appearance of any structure affected thereby will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof will not become a burden on the Association. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 30 • 10.3.1 Conditions on A~ removal. The Architectural Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, and/or upon the agreement of the Applicant to reimburse an Association for the cost of maintenance, and may require submission of additional plans and specfications or other information before approving or disapproving material submitted. 10.3.2 Architectural Committee Rules and Fees. The Architectural Commit- tee also may establish rules and/or guidelines setting forth procedures for and the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approvals or additional factors which it will take into consideration in reviewing submissions. The Architectural Committee shall determine the amount of such fee in a reasonable manner. Such fees shall be used to defray the costs and expenses of the Architectural Committee, including the cost and expense of hiring an architect licensed by the State of Idaho, as provided above, or for such other purposes as established by the Board, and such fee shall be refundable to the extent not expended for the pur- poses herein stated. ff plans submitted are the same or substantially similar to plans previously approved by the Architectural Committee, fees may be reduced for such application approvals. Such rules and guidelines may establish, without limitation, specific rules and regulations regarding design and style elements, landscaping, and fences and other structures such as animal enclosures as well as special architectural guidelines applicable to Building Lots located adjacent to public and/or private open space. 10.3.3 Detailed Plans. The Architectural Committee may require such detail in plans and specifications submitted for its review at it deems proper, including, without limitation, floor plans, site plans, landscape plans, drainage plans, elevation drawings, and descriptions or samples of exterior material and colors. Until receipt by the Architectural Committee may postpone review of any plan submitted for approval. 10.3.4 Architectural Committee Decisions. Decisions of the Architectural Committee and the reasons therefor shall be transmitted by the Architectural Committee to the Applicant at the address set forth in the application for approval within twenty (20) days after filing all materials required by the Architectural Committee. Any materials submitted pursuant to this Article X shall be deemed approved unless written disapproval by the Architectural Committee shall have been mailed to the Applicant within twenty (20) days MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 31 after the date of filing said materials with the Architectural Committee. 10.4 Meetings of the Architectural Committee. The Architectural Committee shall meet from time to time as necessary to perform its duties hereunder. The Architectural Committee may from time to time by resolution unanimously adopted in writing, designate a Architectural Committee representative (who may, but need not be one of its members) to take any action or perform any duties for and on behalf of the Architectural Committee, except the granting of variances pursuant to paragraph 10.9. In the absence of such designation, the vote of any two (2) members of the Architectural Committee, or the written consent of any two (2) members of the Architectural Committee taken without a meeting, shall constitute an act of the Architectural Committee. 10.5 No Waiver of Future A royals. The approval of the Architectural Committee of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Architectural Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent. 10.6 COmDensation of Members. The members of the Architectural Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder and except as otherwise agreed by the board. 10.7 Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: 10.7.1 Upon the completion of any work for which approved plans are required under this Article X, the Owner shall give written notice of comple- tion to the Architectural Committee. 10.7.2 Within sixty (60) days thereafter, the Architectural Committee or its duly authorized representative may inspect such Improvement. If the Architectural Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such non-compliance within such sixty (60) day period, specifying the particular noncompliance, and shall require the Owner to remedy the same. 10.7.3 If upon the expiration of thirty (30) days from the date of such notification, or any longer time the Architectural committee determines to be reasonable, the Owner shall have failed to remedy such noncompliance, the Architectural Committee shall notify the Board in writing of such failure. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 32 Upon notice and hearing, as provided in the Bylaws, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompli- ance exists, the Owner shall remedy or remove the same within a period of not more than forty-five (45) days from the date of the announcement of the Board ruling unless the Board specifies a longer time as reasonable. If the Owner does not comply with Board ruling within such period, the Board, at its option, may either remove the noncomplying improvement or remedy the noncompliance, and the Owner shall reimburse the Association, upon demand, for all expenses incurred in connection therewith. If such ex- penses are not promptly repaid by the Owner to the Association, the Board shall levy a Limited Assessment against such Owner for reimbursement pursuant to this Declaration. 10.7.4 ff for any reason the Architectural Committee fails to notify the Owner of any noncompliance with sixty (60) days after receipt of the written notice of completion from the Owner, the work shall be deemed to be in accor- dance with the approved plans. 10.8 Non-Liability of Architectural Committee Members. Neither the Architectural Committee nor any member thereof, nor its duly authorized Architectural Committee nor any member thereof, nor its duly authorized Architectural Committee representative, shall be liable to any Association, or to any Owner or Grantee for any loss, damage, or injury arising out of or in any way connected with the performance of the Architectural Commit- tee's duties hereunder, unless due to the willful misconduct or bad faith of the Architec- tural Committee. The Architectural committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity and to the Property generally. The Architectural Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. 10.9 Variances. The Architectural Committee may authorize variances from compliance with any of the architectural provisions of this Declaration, including restrictions upon height, size, floor area, or placement of structures, or similar restrictions, when circum- stances such as topography, natural obstructions, hardship, aesthetic, or environmental considerations may require. However no variances will be granted for construction of structures or Improvements, including without limitation manicured lawns, in the Common Areas. Such variances must be evidenced in writing, must be signed by at least two (2) MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 33 • members of the Architectural Committee, and shall become effective upon recordation in the office of the county Recorder of Ada County. If such variances are granted, no violation of the covenants, conditions or restrictions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular Building Lot and particular provision hereof covered by the variance, nor shall it affect any way the Owner's obligation to comply with all governmental laws and regulations affecting such Owner's use of the Building Lot, including but not limited to zoning ordinances or requirements imposed by any governmental or municipal authority. 11.1 ~v G,,, cantor. Grantor intends to develop the property described on Exhibit A and other properties and may, in Grantor's sole discretion, deem it desirable to annex some or all of such properties to the Property covered by this Declaration. Tracts may be annexed to the Property and brought within the provisions of this Declaration as provided herein by Grantor, its successors or assigns, at any time, and from time to time, without the approval of any Owner or Association. The use and development of such Tracts shall conform to all applicable land use regulations, as such regulations are modified by variances. 11.2 ~v Association. In addition to the provisions concerning annexations by Grantor specified in section 12.1 above, Tracts may be created, subject to the same conditions, by the Assocation upon the exerase by Members of at least two-thirds (2/s) of the votes of the Association. 11.3 Rights and Obljgations of Owners of Annexed Tracts. Subject to the provisions hereof, upon the recording of a Supplemental Declaration as to any Tract all provisions contained in the Declaration shall apply to the Tract in the same manner as if it were originally covered by this Declaration, subject to such modifications, changes and deletions as are specifically provided in such Supplemental Declaration, such Tract shall be treated for all purposes as a Tract as defined above. The Owners of lots located in the Tracts shall become members of the Association and shall become liable for their appropriate share of Assessments. Title to the Common Areas which are to be owned and managed by the Association within said Tracts shall be conveyed to the Association, free and clear of any and all encumbrances and liens, subject to reservations, easements, covenants, conditions and restrictions then of record including those set forth in this Declaration or any Supplemental Declaration applicable to such Tracts. 11.4 Method of Annexation. The addition of a Tract to the Property authorized under sections 12.1 and 12.2 shall be made by filing of record a Supplemental declaration or MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 34 • • other similar instrument with respect to the Tract, which shall be executed by Grantor or the Owner thereof and which shall annex such property to the Property. Thereupon each Tract shall be part of the Property, shall be subject to this Declaration and encompassed within the general plan and scheme hereof as modfied by such Supplemental Declaration, and shall be subject to the functions, powers, and jurisdiction of the Association estab- lished for the area encompassing such Tract. Such Supplemental Declaration or other appropriate document may contain such additions, modifications or deletions as may be deemed by Grantor or the Owner thereof desirable to reflect the different character, if any, of the Tract, or as Grantor or such Owner may deem appropriate in the development of the Tract. If any Tract is created, the Association shall have the authority to levy Assess- ments against the Owners located within such Tract, and the Association shall have the duty to maintain additional Common Area located within the Tract if so specified in any Supplemental Declaration. 11.5 De-annexation. Grantor may delete all or a portion of the property described on Exhibit A, including previously annexed Tracts, from the Property and from coverage of this Declaration and the jurisdiction of any Association. So long as Grantor is the owner of all such Tracts and provided that a Supplemental Declaration of Deletion of Property is recorded in the Office of the Ada County Recorder in the same manner as a Supplemental Declaration of annexation. Members other than Grantor as described above, shall not be entitled to de-annex all or any portion of a Tract except on the favorable vote of seventy- five (75°~) of all members of the Association and written approval of Grantor so long as Grantor owns any portion of the property described on Exhibit A. 12.1 Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment as between each Building Lot and such portion or portions of the Common Area adjacent thereto or as between adjacent Building Lots due to the unwilful placement or settling or shifting of the sidewalks and driveways constructed, reconstructed or altered thereon in accordance with the terms of this Declaration. Easements of encroachment shall be valid only so long as they exist, and the rights and obligations of Owners shall not be altered in any way because of encroachments, settling or shifting of the Improvements; provided, however, that in no event shall a valid easement for encroachment occur due to the willful act or acts of an Owner. In the event a structure on any Building Lot is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Building Lot agree that minor encroachments over adjoining Building Lot agree that minor encroachments over adjoining Building Lots that existed prior to the encroachment may be reconstructed pursuant to the easement granted by this paragraph 12.1. 12.2 Easements of Access. All Owners of Building Lots will have a perpetual easement for access, ingress and egress over the Common Area, including but not limited to the private MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 35 • streets, cul-de-sacs and walkways. This easement shall run with the land. Such ease- ments may be used by Grantor, and by all Owners, their guests, tenants and invitees, residing on or temporarily visiting the Property, for pedestrian walkways, vehicular access and such other purposes reasonably necessary for the use and enjoyment of a Building Lots or Common Area. 12.3 Drainage and Utility Easements. Grantor expressly reserves for the benefit of all the Property reciprocal easements of access, ingress and egress for all Owners to and from their respective Building Lots for installation and repair of utility services, for drainage of water over, across and upon adjacent Building Lots, and Common Areas, resulting from the normal use of adjoining Building Lots or Common Areas, and for necessary mainte- nance and repair of any Improvement including fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments, trees, and landscaping. Notwithstanding anything expressly or impliedly contained herein to the contrary, this Declaration shall be subject to all easements heretofore or hereafter granted by Grantor for the installation and maintenance of utilities and drainage facilities that are required for the development of the Property. In addition, Grantor hereby reserves for the benefit of any Association the right to grant additional easements and rights-of-way over the Property and/or a Tract, as appropriate, to utility companies and public agencies as necessary or expedient for the proper development of the Property until close of escrow for the sale of the last Building Lot in the Property to a purchaser. 12.3.1 I~,provement of Drainage and Utility Easement. reas. The Owners of Building Lots are hereby restricted and enjoined from constructing any Improvements upon any drainage or utility easement areas as shown on the Plat of Packard Subdivision or otherwise designated in any recorded document which would interfere with or prevent the easement from bing used for such purpose; provided, however that the Owner of such Building Lots and the Grantor, Association or designated entity with regard to the landscaping easement described in this Article XII, shall be entitled to install and maintain landscaping on such easement areas, and also shall be entitled to build and maintain fencing on such easement areas subject to approval by the Association Architectural Committee, so long as the same would not interfere with or prevent the easement areas from bing used for their intended purposes; provided, that any damage sustained to Improve- ments on the easement areas as a result of legitimate use of the easement areas shall be the sole and exclusive obligation of the Owner of the Building Lot whose Improvements were so damaged. 12.4 Rights and Duties Concemina Utility Easements. The rights and duties of the Owners of the Building Lots within the Property with respect to utilities shall be governed by the following: MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 36 12.4.1 Wherever utility house connections are installed within the Property, which connections or any portions thereof lie in or upon Building Lots owned by an Owner other than the Owner of the Building Lot served by the connections, the Owner of the Building Lot served by the connections shall have the right, and is hereby granted an easement to the full extent neces- sary therefor, to enter upon any Building Lot or to have their agent enter upon any Building Lot within the Property in or upon which said connections or any portion thereof lie, to repair, replace and generally maintain the connections as and when it may be necessary. 12.4.2 Whenever utility house connections are installed within the Property, which connections serve more than one Building Lot, the Owner of each Building Lot served by the connections shall be entitled to full use and enjoyment of such portions of said connections as service such Owner's Building Lot. 12.5 Driveway Easements. Whenever a driveway is installed within the Property which in whole or in part lies upon a Building Lot owned by an Owner other than the Owner of the Building Lot served, or installed to serve more than one Building Lot, the Owner of each Building Lot served or to be served by such driveway Building Lot, the Owner of each Building Lot served or to be served by such driveway shall be entitled to full use and enjoyment of such other Building Lot as required to service such Owner's Building Lot as required to service such Owner's Building Lot or to repair, replace or maintain such driveway. 12.6 pisputes as to Sharing of Costs. In the event of a dispute between Owners with respect to the repair or rebuilding of utility connections or driveways, or with respect to the sharing of the cost therefor, upon written request of one of such Owners addressed to the Association, the matter shall be submitted to the Board which shall decide the dispute and, if appropriate, make an appropriate Assessment against any or all of the Owners involved on behalf of the prevailing Owner(s), which Assessment shall be collected and enforced in the manner provided by this Declaration for Limited Assessments. 12.7 General Landscape Easement. An easement is hereby reserved to each appropriate Association, its contractors and agents, to enter those portions of Building Lots, for the purpose of installing, maintaining, replacing, and restoring exterior landscaping, and natural vegetation and habitat. Such landscaping activity shall include, by way of illustration and not of limitation, the mowing of lawns, irrigation, sprinkling, tree and shrub trimming and pruning, walkway improvement, seasonal planting, and such other landscaping activities within the Property as such Association shall determine to be necessary from time to time. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 37 • • 12.8 Qverhang Easement. There shall be an exclusive easement appurtenant to each Building Lot over the Common Areas for overhanging eaves, and for any projections from the buildings, which projections shall not extend beyond the save line and shall be consistent with all building codes. 12.9 Maintenance and Use Easement Between Walls and Lot Lines. Whenever the wall of a structure, or a fence or retaining wall, is legitimately constructed on a Building Lot under plans and specifications approved by the Architectural Committee is located within three (3) feet of the lot line of such Building Lot, the Owner of such Building Lot is hereby granted an easement over and on the adjoining Building Lot (not to exceed 3 feet from the Building Lot line) for purposes of maintaining and repairing such wall or fence and eaves or other overhangs, and the Owner of such adjoining Building Lot is hereby granted an easement for landscaping purposes over and on the area lying between the lot line and such structure or fence so long as such use does not cause damage to the structure of fence. 12.10 Waterway Easements. Grantor hereby reserves for the benefit of the Association an easement for all Waterways and related pipes, pumps and other equipment over, across and under all Building Lots and Common Areas, to the extent reasonably required to maintain any water system installed by Grantor on the Property or pursuant to plans and specifications approved by the Architectural Committee. Any relocation of the water lines installed as a part of such system shall not be undertaken in any way which interrupts the flow of water through the system or damages the system in any other fashion. Grantor reserves the right to make any reconfiguration of any Waterway which it determines, in its own discretion, to be necessary, expedient or desirable, provided, however, that nothing herein shall reserve unto Grantor the right to take any action which would disturb, encroach upon, or endanger the foundation of any building, nor shall Grantor take any action which would materially after any Waterway's proximity to improved property abutting such Waterways. 12.11 Sewer Covenants and Restrictions. All Lots within Packard Subdivision shall be subject to and restricted by the following covenants and restrictions: 12.11.1 A monthly sewer charge must be paid after connecting to the Meridian city public sewer system, according to the ordinances and laws of Meridian City. 12.11.2 The Owner of the Building Lot shall submit to inspection by either the Department of Public Works or the Department of Building whenever a Building Lot is to be connected the City's sewage system and building sewer is constructed or installed on or with Owner's Lot. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 38 • • 12.11.3 The Grantor of this subdivision shall and hereby does vest in Meridian City the right and power to bring all actions against the Owner of the Property conveyed or any part thereof for the collection of any charges herein required and to enforce the conditions herein stated. This covenant shall run with the land. 12.11.4 The recording of the final plat by Grantor shall be deemed and construed as a request for the annexation of the Property into the corporate limits of Meridian City. Such requests and consents shall be binding on all subsequent purchasers or Owners of the Property or of a specific Building Lot. 12.12 Specific Landscape Easement. Grantor hereby reserves for the benefit of the Association a perpetual Landscape Easement. Such easement shall allow the Association to install and maintain the berms, retaining walls, fences, and landscaping within the area defined as the Landscape Easement. 13.1 Term. The easements created hereunder shall be perpetual, subject only to extinguishment by the holders of such easements as provided by law. The covenants, conditions, restrictions, and equitable servitudes of this Declaration shall run until December 31, 2010, unless amended as herein provided. After December 31, 2010, such covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished by a written instrument executed by Members holding at least three-fourths (3/a) of the voting power of the Association and such written instrument is recorded with the Ada County Recorder. Further provided that the Association shall not be dissolved without the prior written approval of the City of Meridian and Ada County Highway District, such consent not to be unreasonably withheld provided that a responsible successor organization shall agree to perform those maintenance responsibilities arising from applicable city and county governmental requirements. 13.2 Amendment. 13.2.1 By Grantor. Except as provided in paragraph 13.3 below, until the recordation of the first deed to Building Lot in the Property, the provisions of this Declaration may be amended, modified, clarified, supplemented, added to (collectively, "amendment") or terminated by Grantor by recordation of a written instrument setting forth such amendment or termination. Any amendment affecfing only a particular Tract may be made by Grantor by an amendment to this Declaration at any time up to the recordation of the first MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 39 • deed to a Building Lot in such Tract. 13.2.2 By Owners. Except where a greater percentage is required by express provision in this Declaration, the provisions of this Declaration, other than this Article XIII, any amendment shall be by an instrument in writing signed and acknowledged by the president and secretary of the Association certifying and attesting that such amendment has been ap- proved by the vote or written consent of Owners representing more than fifty percent (50%) of the votes in the Association, and such amendment shall be effective upon its recordation with the Ada County Recorder. Any amend- ment to this Article XIII shall require the vote or written consent of Members holding ninety-five percent (95%) of the voting power of the Association. 13.2.3 Effect of Amendment. Any amendment of this Declaration approved in the manner specified above shall be binding on and effective as to all Owners and their respective properties notwithstanding that such Owners may not have voted for or consented to such amendment. Such amend- ments may add to and increase the covenants, conditions, restrictions, and easements applicable to the Property but shall not prohibit or unreasonably interfere with the allowed uses of such Owner's property which existed prior to the said amendment. 13.3 Mortgage Protection. Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first deed of trust upon a Building Lot made in good faith and for value, and recorded prior to the recordation of such amendment, provided that after foreclosure of any such first deed of trust such Building Lots shall remain subject to this Declaration, as amended. 13.4 Notice.. Any notices permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has been deposited in the United States mail, postage prepaid, addressed to any person at the address given by such person if no address has been given to the Association. Such address may be changed from time to time by notice in writing to the Association, as provided in this paragraph 13.4. 13.5 Enforcement and Non-Waiver. 13.5.1 Right of Enforcement. Except as otherwise provided herein, any Owner of any Building Lot shall have the right to enforce any or all of the provisions hereof against any property within the Property and Owners MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 40 • thereof. 13.5.2 Yolations and Nuisances. The failure of any Owner of a Building Lot to comply with any provision hereof, or with any provision of the Articles or Bylaws of any Association, is hereby declared a nuisance and will give rise to a cause of action in the Grantor, the Association or any Owner Building Lot(s) within the Property for recovery of damages or for negative or affirmative injunctive relief or both. However, any other provision to the contrary notwithstanding, only Grantor, the Association, the Board, or a duly authorized agent of any of them, may enforce by self-help any of the provisions hereof only if such self-help is preceded by reasonable notice to the Owner. 13.5.3 Violation of Law. Any violation of any state, municipal, or local law, ordinance, or regulation pertaining to the ownership, occupation or use of any property within the Property is hereby declared to be a violation of this Declaration and subject to any or all of the enforcement procedures set forth in this Declaration and any or all enforcement procedures in law and equity. 13.5.4 Remedies Cumulative. Each remedy provided herein is cumulative and not exclusive. 13.5.5 Non-Waiver. The failure to enforce any of the provisions herein at any time shall not constitute a waiver of the right to enforce any such provision. 13.6 InterRretation. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of the Property. This Declaration shall be construed and governed under the laws of the State of Idaho. 13.6.1 Restrictions Construed Toad All of the provisions hereof shall be liberally construed together to promote and effectuate the fundamental concepts of the development of the Property as set forth in the recitals of this Declaration. 13.6.2 Restrictions Severable. Notwithstanding the provisions of the foregoing paragraph 13.6.1, each of the provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforcea- bility of any other provision herein. 13.6.3 Singular Includes Plural. Unless the context requires a contrary MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 41 construction, the singular shall include the plural and the plural singular, and the masculine, feminine, or neuter shall each including the masculine, feminine, and neuter. 13.6.4 motions. All captions and titles used in this Declaration are in- tended solely for convenience of reference and shall not affect that which is set forth in any of the provisions hereof. 13.7 Successors and Assigns. All references herein to Grantor, Owners, any Association, or person shall be construed to include all successors, assigns, partners, and authorized agents of such Grantor, Owners, Association, or person. IN WITNESS WHEREOF, the parties executed this Declaration as of the day and year first above written. Packard LLC, an Idaho limited liability company STATE OF IDAHO ) ss. County of Ada ) By: Wirt Edmonds By: Walter T. Sigm nt, Jr. On June 1996, before, the undersigned, a Notary Public in and for said State, personally appeared Wirt Edmonds and Walter T. Sigmont, Jr., known or identified to me to be the Managers of Packard LLC, who are known or identified to me to be the Manag- ers of the limited liability company that executed the instrument and the persons who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 42 • • IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. %* ~~ pUBti1G '•• l,'r••....••• Q~''~.•'~ ~'''• ,E,OF',9,.•~. Notary Public fob Residing at Meridian My commission expires 7-1-2000 MASTER DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR PACKARD SUBDIVISION PAGE 43 • • MERIDIAN CITY COUNCIL JUNE 18, 1996 The regular meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:.30 P.M.: MEMBERS PRESENT: Walt Morrow, Glenn Bentley, Charles Rountree, Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Crookston, Shari Stiles, Gary Smith, Mike Wardle, Roen Wilson, Wayne Forrey, Karen Forrey, Gordon Slyter, Van Elg, Chief Gordon, Larry Gray, John Stubblefield, Pat Dobie, David Turnbull, Mike Cavens, Brian Iverson, Becky Bowcutt, Dan Clark, Robert Phillips, Pat Tealey: . MINUTES OF PREVIOUS MEETING HELD JUNE 4, 1996: Corrie: Any corrections to the minutes? Entertain a motion we accept the minutes as typed. Rountree: Mr. Mayor, I move that we accept the minutes as typed from our previous meeting. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED JUNE 4, 1996: PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 5 BY STEINER DEVELOPMENT: Corrie: Council, you have a letter I think asking that be tabled one more time until the July 2nd meeting, you are all in receipt of that? Morrow: Mr. Mayor I would move that wet -ole the preliminary plat for the Lake at Cherry _ __ Lane No. 5 until our meeting on July 2, 1996. - Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we table the preliminary plat for the Lake at Cherry Lane No. 5 by Steiner Development until our meeting on July 2, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED JUNE 4, 1996: FINAL PLAT: PACKARD SUBDIVISION NO. 1 BY Meridian City Council June 18, 1996 Page 2 PNE/EDMONDS CONSTRUCTIOfV: • Cowie: Is there a representative from Packard Subdivision here this evening. There may be some questions from Council or if you have anything you would like to tell the Council. Tealey: I represent the applicant Ted Sigmont and Ward Edmonds, I want to apologize for the way this application has been handled. It seems all we can do is defer this thing. I don't think it is really your fault most of it is the developer's fault. He isn't here again tonight. However, I would like to make a few comment on the process. We submitted the application and it was accepted, the City reviewed it and we were scheduled for a meeting on May 21st, which was a Tuesday. On May 16th which is a Friday we received some comments from the City of Meridian substantial enough that we could really address them by the May 21st meeting. We did however make comments to the City of Meridian by the 21st for all but two items, our restrictive covenants and deed for the easement of that portion of Hickory Avenue that was to be in an easement rather than a dedicated right of way because of the Dove Meadows No. 2 just lagging a little bit behind this application. I assume you know what I am talking about. At that time we had two items that didn't that weren't addressed. These were left up to the developer to submit to you. It is my understanding it was my understanding that these have been submitted to you. I talked to Shari tonight and evidently they haven't been submitted to you. However tonight at this meeting just as I walked in tonight about a quarter after seven I was supplied with another list of requirement, 8 requirements, seven of which have never been addressed to us before and were not part of the original comments. We can do all we can to fulfill the needs of the City but if we don't know about the comments prior to the meeting we certainly can't address them. Specifically if this thing has been reviewed by the City of Meridian as a planning staff why aren't we supplied these comments in time so that we can at least talk to you about it at least intelligently at the meeting here tonight I can apologize for the developer not getting his covenants and the easement in here, he assured me that they were here but Shari says they aren't. But to deal me another eight conditions here 15 minutes before the meeting is jus{ a little bit hard to address. I guess we are going to ha~~a to defer this thing again. It just seems like a waste of time and money for everybody concerned. I certainly wish we could get ait of the comments once address them- and proceed. If there are any questions I would be glad to answer them. Morrow: Which conditions are you referring to? Tealey: We originally had a set of conditions that was supplied to us on May 16th, some essentially 2 days before the meeting, the scheduled first meeting of May 21st. We addressed all of those conditions except two, I assume the developer took care of the other two. Tonight I get a list of another 8 more conditions that were not addressed on the first set of conditions. I don't know, maybe it is our fault for not communicating with the • • Meridian City Council June 18, 1996 Page 3 planning staff better. It just seems like an odd way of going about it especially to be supplied with. these conditions 15 minutes before the meeting. I am just making that as a general comment. I guess I request a deferral until the next meeting. Morrow: Mr. Mayor, I have a question of staff concerning Mr. Tealey's observation about these 8 conditions, were they not covered anywhere else prior to this evening? Stiles: Item one in regard to the landscape plan, this is simply something that is needed prior to obtaining building permits and the bonding needs to be accomplished on that before the final plat is signed. Items 2, 3, 4 and 5 were all addressed on April 6, 1995 at the preliminary plat stage and have not yet been addressed. Morrow: Point of question, April 6, 1995? Stiles: Yes Morrow: That is a year and a month ago, two months ago? Stiles: Yes, as were the covenants, item six is just a question. Seven is a typical comment that may even be covered in what Bruce Freckleton has and eight is just my recommendation. So there is nothing new on these comments. Tealey: We received on May 17th 1996 a list of site specific comments for the plat that said these will need to be addressed prior to the plat being heard by City Council. We addressed those 17 or 18 conditions that were in here, some of them very minor but we addressed them. And then I come tonight and get these other 8 conditions that I have to fulfill before the final plat will be heard I assume. Morrow: Well I think Mr. Tealey what Ms. Stiles is indicating is that apparently some of these items in prior presenf~tions were discussed almost a year and a couple monfas ago. And apparently those questions have never been answered by the development team. So - ~" I think that is the point that she is making here. Tealey: I believe, again, I got the list this is what you are going to have to do before the final plat will be heard and I have fulled those conditions and why weren't these comments on that set of conditions? These comments here are such that you wouldn't approve this subdivision tonight, these are the 8 items and this is the first I have heard of them 15 minutes before the meeting. Again, maybe it is our communication problem and not yours but it just seems odd that this is when we would get this memorandum. I guess all I am asking for is a deferral until we can sit down with staff and make sure. • • Meridian City Council June 18, 1996 Page 4 Morrow: To the next meeting? Tealey: Yes Morrow: I don't have a problem with that. Corrie: Mr. Tealey, have you seen a copy of this? Morrow: That would be a copy of the letter from Don Brian. Tealey: No I haven't, that was submitted yesterday? Can I have this copy? Thank you. Corrie: Well evidently there are some staff comments that have to be (inaudible) take until the next meeting. Do I hear a motion. Morrow: Mr. Mayor I would move that we table this until the July 2, 1996 meeting the final plat for Packard Subdivision No. 1 by PNE/Edmonds Construction. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that we table to the July 2 meeting the final plat for Packard Subdivision No. 1, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Did you have a question Gary or Shari? Smith: Mr. Mayor and Council on that Packard Subdivision I didn't get any response to the comments written tt:at is they are not in my file if we did get them I don't hay a them. I don't know that we talked about how the maintenance of the lift station was going to be handled because the property owners in that subdivision are responsible to pay for- -that maintenance cost and if there is going to be a contractual agreement between the City of Meridian and the Homeowners Association, I don't know how that is going to be crafted. But that is something that needs to be resolved. The location of the lift station is shown on the plat, as far as an easement goes. But that does need to be resolved. I couldn't find anything from ACRD either as far as comments are concerned to know if that access is approvable from them through Dove Meadows. It seems like we did get some comments from the Wingate Subdivision folks and the people living on Chateau Avenue to the west that they didn't want traffic from this subdivision heading west toward Locust Grove because of all of the traffic they are having to deal with as is. So the Hickory, I believe that Meridian City Council June 18, 1996 Page 5 - is the name of the street that accesses this subdivision is going to have to be the primary access. That was one of the things that we were waiting for from the developer that Pat Tealey just talked about was a copy of the easement from the developer or I guess from Dove Meadows developer to this developer to ACRD that will provide that accessway. Without that easement this subdivision has only access into Wingate Subdivision No. 2 and that isn't appropriate. So we are lacking ACRD comments at least in my file and according to the transmittal sheet for this final plat they weren't there. Morrow: Mr. Mayor, (inaudible) Mr. Smith it seems to me that when we were having the discussion originally concerning this subdivision which was over a year ago that part of the conditions of ultimate approval were that be dedicated road not easement. The second thing was the issues with respect to the lift station were supposed to be totally ironed out in contractual as part of the final presentation. What you are indicating to me at this point is that we have no evidence of either is that correct? Smith: That is correct. Morrow: And I guess from my perspective we need to get that information to Mr. Tealey or the development team whatever as quickly as possible so they can resolve all of those points. Smith: I will do that tomorrow. ITEM #3: TABLED JUNE 4, 1996: REQUEST FOR HOOK UP TO SEWER AND WATER BY DOUGLAS AND SUZANNE STANDLEY: Gray: Gentlemen, I am Larry Gray I am the owner of record of the property that the Stanley's applied for the permit on. I had a earnest money agreement with them which is now expired. I would like to go ahead and apply under my name to get water and sewer hook up for tyat house. This is a 100 year old house and it is on t~.e Meridian Historical Register and it needs considerable work on it. It is on existing septic system now and really needs to be changed over to Meridian water and sewer. - - - Corrie: Are you aware of all of the costs and fees and that? Gray: Yes I am Corrie: Council, questions of Mr. Gray? Staff, Gary? Smith: Mr. Mayor and Council members, the, I think the costs that were given out to, I don't know if it was directed to Mr. Gray or to the original applicant's, one thing that fell through ~ ~ MERIDIAN CITY COUNCIL MEETING: JUNE 18.1996 APPLICANT: ITEM NUMBER; 2 REQUEST: FINAL PLAT FOR AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: i CITY POLICE DEPT: Y /~~~ ~~ CITY FIRE DEPT: V CITY BUILDING DEPT: 'J 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: AEI Materials presented at public meetings shall become property of the City of Meridian. ~~r-~ ~(Ou, .~ COUNCIL MEMBERS OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 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 • WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Departrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE MEMORANDUM Mayor TO: Mayor and Council FROM: San tiles, P&Z Administrator DATE: June 18, 1996 P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY SUBJECT: Final Plat for Packard Subdivision No. 1 PNE/Edmonds Construction This final plat generally conforms to the approved preliminary plat. 1. Applicant to submit detailed landscape plan for common areas 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. 2. Permanent perimeter fencing is required to be in place prior to obtaining building permits. 3. All ditches on the site are to be tiled per City Ordinance unless a variance is granted by the Meridian City Council. Applicant testified in presentations to City Council that X11 ditches would be tiled prior to beginning construction and not left to be done in phases. 4. A development agreement is required as a condition of annexation. An agreement has not yet been drafted for this subdivision. Details of the lift station, pressurized irrigation, and ditch tiling are of particular concern. This should be executed and approved prior to approval. 5. I have not yet seen a copy of the proposed restrictive covenants for this subdivision. This was requested during the preliminary plat stage. 6. Where is the proposed lift station to be located? 7. Submit letters of approval from the Nampa-Meridian Irrigation District and downstream water users. 8. I believe required changes need to be made prior to approval of the final plat; Applicant should also address all issues he assured the Council would be taken care of prior to final plat submittal. ~ REc~~v~ JUN 1 7 199,E CITY OF MERIDIAN ?v(N E (?~ t q q tto atirol boWk~t,Ytt~ vert2s 1a~2~ -~.~ ~i~~ is -~i(P~.} as 1.~ ~ C ase w t'.~-fit nI .r•a(.t ~~2a r.I~ ~~;e.~, ~a ~ ~ (`~fQ~s ~ s . r ______ _ ------------- - -~.pP~1~-,~---11~~~-_~ P~~.c.~, --- --_..._ ~ ` _~_..2~1~~e ',uP-_~i~I cAS.~ AMP -t0~ S tQ~'r -~o - - ~ i t- ~ t r t / t~ r t • ___-- !I ~ ~1G~ir~ - _-- --_-_-- ---- 0070 ~/ ~.oGr1ST ~ovC • • Meridian City Council June 4, 1996 Page 28 MOTION CARRIED: All Yea ITEM #4: TABLED MAY 21, 1996: FINAL PLAT: PACKARD SUBDIVISION NO. 1 BY PNE/EDMONDS CONSTRUCTION: Corrie: We also have a request that be tabled until the meeting of June 18. Morrow: So moved Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the final plat for Packard Subdivision No. 1 be tabled until June 18, 1996, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED MAY 21, 1996: ORDINANCE #731 - OLSON BUSH SUBDIVISION NO. 2 ANNEXATION: Corrie: I think they also requested that be tabled until the June 18th meeting. It was hand delivered, sent by fax. Bentley: Mr. Mayor, I have a question how crowded are we getting on the 18th? Corrie: I don't know. Miller: On the Olson Bush Subdivision I just asked that it be tabled until we can consider my request that you consider your decision. That is the only reason that I did that. Morrow: Mr. Mayor if I might add clarity to that, the request is we request that item 5 on tonight's City Council agenda be tabled pending a decision from the City Council regarding our request for reconsideration made on May 21, 1996. I do have that letter in my packet. Corrie: I guess the question is how long do you want to table that until we can get the information to Council for a decision. Bentley: I just don't want to see another sleeping bag meeting. (Inaudible) MERIDIAN CITY COUNCIL MEETING: JUNE 4.1996 APPLICANT: PNE/EDMONDS CONSTRUCTION ITEM NUMBER; 4 REQUEST: FINAL PLAT FOR PACKARD SUBDNISION N0.1 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS g~~ urn" ~u~*e ~~ OTHER: A~,I. Materials presented at public meetings shall become property of the City of Meridian. JUN-04-1996 15 09 TEALEY'S SURVEYING P.02 1 Lt Y', LAIVU iuy ~outn a°~ street nose, ioano o~ivc RVEYI NG (2o~s-0636 Fax (208) 385-0696 Project No.: 1290 June 4, 1996 ~Ec~~vEd Shazi Stiles City of Meridian ~ b~ fi1ERtDf~ihi 33 East Idaho Meridian, Idaho 83642 RE: PACKARD SUBDIVISION NO. 1 Dear Shari; We would like to request a deferral on the meeting you have on tonights agenda regarding Packard Subdivision No. 1 final plat. As we understand it, the information you requested wds brought in to you this morning by the developer Mr. Ted Sigmont and we did not think this gave you adequate time to review the information. Because of this, the developer, Mr. Ted Sigmont is requesting that Packard Subdivision No. 1 be deferred until the June 18, 1996 meeting. Please call us if you have any questions. Respectfully, /- ~_ atric , Tealey Tealey's Land Surveying P.L.S. No. 4347 JUN 04 '96 15 10 TOTAL P.02 PAGE.02 • MERIDIAN CITY COUNCIL MEETING: MAY 21.1996 APPLICANT: PNE/EDMONDS CONSTRUCTION ITEM NUMBER; 6 REQUEST: FINAL PLAT: PACKARD SUBDMSION N0.1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~ ~ ~~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BF_RG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN RONALD R. TOLSMA CHARLES M. ROUNTREE BENTLEY GLENN R BRUCE D. STUART, Water Works Supt. . JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 TIM HEPPER W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor MEMORANDUM: May 16, 1996 To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer ~~~ Re: PACKARD SUBDIVISION NO. 1 (Final Plat - By PNE/Edmonds Construction) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for review by the Meridian City Attorney. 5. Provide a statement as to whether the pressurized irrigation system in this development is to be owned and maintained by the Irrigation Dist. or the Homeowners Assoc. C:10PPICE\WPWQ~flOBNERAL~PACKRD 1.C-C • • Mayor and Council May 17, 1996 Page 2 6. Indicate any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 7. Please address in writing, each of the General and Site Specific Comments, within this memorandum, to the City Clerk's office prior to the scheduled hearing. 1. This Plat generally conforms to the previously approved Preliminary Plat map. 2. 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 3, Block 2, Lot 2, Block 3 and Lots 6, 7 & 9, Block 4 don't meet the minimum 80 foot street frontage required in an R-4 Zone. The northeasterly end of Lot 1, Block 3 needs to be revised to be perpendicular to the 27.79 foot leg. This line can also be adjusted southwesterly to increase the lot frontage to the minimum required 80 feet. Lots 4 & 5, Block 3 should be combined into one iot since the ownership and maintenance responsibility will remain with the Homeowners Association. 4. Please add or revise the following notes: (1.) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian. (2.) ...time of resubdivision, or as allowed by Conditional Use. (4.) The Developer and/or Owner shall comply with Idaho Code Section 31-3805 or it's provisions that apply to irrigation rights. (5.) Adjacent to all lot lines common to the exterior boundary of Packard Subdivision No.l is a ten (10) foot wide permanent public utilities, drainage, and irrigation easement, unless dimensioned otherwise. (Graphically show the areas that would be applicable to have five (5) foot wide easements, ie. the rest of the lots bordering the exterior boundary that will be adjacent to future lots in Packard Subdivision) (6.) Each side of the interior lot line have a five (5) foot wide permanent public utilities, drainage, and irrigation easement, unless dimensioned otherwise. c:~or~mcE~wPwn~noarmx,~.~rnc~eni.c-c • Mayor and Council May 17, 1996 Page 3 (7.) (Add Lot 4 combined with Lot 5, Block 3, and Lot 4, Block 4 to the list of lots. The Homeowners Association will retain ownership of these two lots as well as be responsible for the maintenance of the surface landscaping. Create a blanket easement over the lots in favor of the Ada County Highway District for the Heavy Maintenance of the drainage facilities.) (10.) Responsibility for all drainage and/or irrigation facilities outside of public right-of- way is held with the lot owner(s) whose land said drainage and/or irrigation facilities are located, unless such responsibility is assumed by an irrigation/drainage district. 5. Show the data of record for the north-south center of section line (Record bearings and distances of Wingate Place Subdivision No.l) 6. Change the adjacent platted subdivision name to the name of record "Wingate Place Subdivision No. 1". 7. Add the labels; SW Corner NW 1/4, SE 1/4 Section 5, S 1/4 Comer Section 5, SE Comer Section 5, SE Comer NE 1/4, SE 1/4 Section 5, and E 1/4 Comer Section 5 to the appropriate locations on the plat map. Add the appropriate symbol from the legend to the SE Corner NE 1/4, SE 1/4 Section 5. 8. Provide evidence that a sixty (60) foot wide Hickory Way access easement or dedicated public right-of way, acceptable to the Ada County Highway District, has been secured from the record owner of the property between the northerly terminus of the existing Hickory Way in Dove Meadows to the southerly boundary of this development. 9. Record owner will be required to grant an easement to the City of Meridian for access & maintenance of the temporary sewage lift station. The developer shall be required enter into a maintenance agreement with the City. 10. Complete the information in the note regarding additional survey information. 11. Revise the domestic water service origin note in the Certificate of Owners to indicate that this development is to be served by the City of Meridian, 11Y41 United Water Idaho, Inc. 12. Execute the Certificate of Owners and accompanying Acknowledgments. C: \OFFICB\ W PW D~10BNBRAL\PACIQtD l . C-C ~ ~ Mayor and Council May 17, 1996 Page 4 13. Execute the Certificate of Surveyor. 14. Add Certificates for the APPROVAL OF MERIDIAN CITY COUNCIL and APPROVAL OF MERIDIAN CITY ENGINEER. 15. The Meridian Fire Department and Meridian School District need to approve the travel way widths proposed around the island, Lot 1, Block 6, since this lot was not included on the approved Preliminary Plat. C:\OFF[CE\YVPWIN\QENHRAL\PAC~tD1.GC OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 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 WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA NTIEYEE C L G ENN R. BE 33 EAST IDAHO MERIDIAN, ID/l-HU 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Depa~ent (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT d. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 14, 1996 TRANSMITTAL DATE: 4/29/96 HEARING DATE: 5121 /96 REQUEST: Final Plat for Packard Subdivision No 1 BY: PNE/Edmonds Construction LOCATION OF PROPERTY OR PROJECT: North of Dove Meadows Subdivision south of Carol's Subdivision No 2 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 OL1CE 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 8 FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: ~.. ~ ~ ~~ YOUR CONCISE REMARKS: ~- 1iC:.'r~.~1~ :, {~ w'~ ° 1 1~'~ CITY OF ~~I~~A1~ ~~~; ~r. ~ .,,. ,~,; r 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 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor 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 sub mit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 14. 1996 TRANSMITTAL DATE: 4/29/96 HEARING DATE: 5/21 /96 REQUEST: Final Plat for Packard Subdivision No. 1 BY: PNEIEdmonds Construction LOCATION OF PROPERTY OR PROJECT: North of Dove Meadows Subdivision south of Carol's Subdivision No 2 JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z JIM SHEARER, P/Z MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT -CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C -WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT 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 FILES OTHER: ~ ~ ` ~ tO FtRE DEPARTMENT YOUR CONCISE REMARKS: _Pt3LICE DEPARTMENT CITY ATTORNEY CITY ENGINEER L p rvt M. ~, „~,~¢ CITY PLANNER O .tz L 2. ~ ~rno-S g,._. •~°~ Se $ r,tZ RN'L~- SIr Iy S Al~~ p . .~ TN .T ~o LC e 73.,e. n..e ' ~ :vs 7 S ~7 I} ~' .G MAY 0 7 199 'gym'' C)E /MERIDIAN ~-V SUPERINTENDENT Bob L. Haley May 9, 1996 City of Meridian 33 East Idaho Meridian, .Idaho 83642 Re: Packard Subdivision Dear Councilmen: ~EcE~vED ~ n~ ~ 3 1~9F ~.~~ ~:~~ -~~a~elwr~ I have reviewed the application for Packard Subdivision and find this development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. However, Meridian School District No. 2 will grant approval of this request. We would like to note the developers of Packard Subdivision have worked with the school district and have graciously donated an easement from this development to a future school site off Eagle Road. Sincerely, ~~~ Jim Carberry Administrator of Support Programs JC:gr BOARD OF TRUSTEES Larry Andrews • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann CENTRAL C •• DISTRICT ~RHEALTH DEPARTMENT Rezone # MAY 0 91996 ^ Boise ^ Eagle ~~ rDF MERIDtAI~ ^ Garden city Meridian Conditional Use # ^ Kuna Preliminary Final Short Plat ~~9{~~1~ cS'c/g~~'~+f'~c~nl N~ • / ^ 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: ,1~central sewage ^ community sewage system ^ community water well ^ interim sewage ~"tentral 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. ^ II ^ 12. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Welt rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store r p. q~~ ,~ 15. Date: J / O // / Q.~1~v~'7~ ~fe%f-ts~iNEM- ~'/7~YY~ /S Reviewed By: - (DHD 10/91 rcb, nr. I/95 Revie eet DISTRICT HEALTH DEPARTT~IENT Environmental Health Division ~ECE.~VE[~eturn to: CENTRAL •• DISTRICT 'HEALTH -'-'DEPARTMENT MAIN OFFICE • 101 N. ARMSTRONG PL • BOISE, ID. 83104 •(208) 315.5211 • FAX: 327.8500 To preuertt and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our ~nnir+onnaen~ STORMWATER MANAGEMENT RECOMII~NDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: :1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving Valley Elmore Boise and Ada Counties Ado / lain Carly Olke WIC fosse • Mellon EYnae County Olke ENsare County Olke V0~ Coves Oin eox leas P o 7m ~. Amsstranp ~. 1606 Roberts 520 E. 81h meet ~. of EmUarnerraa HealA 190 s 4m meet E . . McCd to 1363! lose. a). 83704 Er-viro Heath: 321-7409 Base. tD. 83705 Ph. 334.3355 Mantah Fbme. 8). 83641 Ph.587-4407 . Manton Howie. ta. Ph. 634.7194 . farNy Plofvtitp: 327.7400 324 Meriden, D. 83647 Ph 587.9225 tmmrr4aotioru: 327.7450 836d2 ~~ 8t16d525 pkAlbn: 321.1460 HUB OF TREASURE VAILEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Perks 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 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: May 14. 1996 TRANSMITTAL DATE: 4129/96 HEARING DATE: 5/21 /96 REQUEST: Final Plat for Packard Subdivision No 1 BY: PNEIEdmonds Construction LOCATION OF PROPERTY OR PROJECT: North of Dove Meadows Subdivision, south of Carol's Subdivision No 2 JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER. CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: ~ R CONCISE REMARKS: -a_ S- ~~cE~v~~ ~AY1~199 ~~/~~ /'~„''- A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 8362 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Depa~ment (208) 887-2211 Motor Vehicle/Drivers License (208)888-4443 ~I~` t;jt ~1ERIDIAa'v SUBDIVISION EVALUATION SHEET Proposed Development Name PACKARD SUB ~ City MERIDIAN Date Reviewed 5/16/96 Preliminary Stage Final XXXXX Engineer/Developer Tealey's Land Surveying 1 PNE & Edmonds Contruction The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the. Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "N. HICKORY WAY' "E. MEADOW WOOD COURT" ~~ "N. JUSTIN WAY" "N. EAGLE ROAD" "E. FAIRVIEW AV N " C. M E~4oal.~ WDOO T~ .2. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE A CY RE E ENTATIVES OR DESIGNEES ~ ~. Ada County Engineer John Priester Date ~ G ~ Ada Planning Assoc. Terri Raynor r! : _ Date S~ /(o City of Meridian Representative~~ ~ Date S /~o '9l0 Meridian Fire District Representative W • ate 'S~ /~ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will nat be signed !!!! Sub Index Street Index 3N 1 E 05 Section NUMBERING OF LOTS AND BLOCKS ~,/1 ~~5~/~o~/~li Project No.: 1290 May 21, 1996 1 C ALt T ~ ~.E'-~rv RVEYING Shari Stiles City of Meridian 33 Bast Idaho Meridian, Idaho 83642 RE: PACKARD SUBDIVISION N0. 1 Deaz Shari; IVJ VVW11 7 v~~vv• .-...~~~ .~~..- . . (20 5-0636 Fax (2385-0696 ~~GE~VE,~ ~IAY ~ ~ X99 ~;~ ~~ MERIDIAN Per our conversation of Monday, May 20, 1996, we were unable to assemble all the information requested by Bruce Freckleton of the City of Meridian. Because of this, the developer, Mr. Ted Si~mont is requesting that Packazd Subdivision No. 1 be deferred until the June 4, 1996 meeting. Please call us if you have any questions. Re ectfully, M--~'"J Patrick A. Tealey Tealey's Land Surveying P.L.S. No. 4347 TOTAL P.02 MAY 21 '96 17 04 PAGE.02 r • ,~~ MERIDIAN C~IT~' MURAL VOLUNT~? f1R~ Df~ARTM~NT ~K-,~ ~ "' = o PH~1B (Z0~-1~ PA7C (Z06~7~81~ May 21 1996 T0: Bruce F. iyTeridian City FROP•7 : Meridian Fire Dept . RE: Parkard Sub. DECEIVED MAY 2 1 1996 . A~iDIAN CRY ENGWEER MAY 2 1 1996 ~CT1/ ~~F~ {NERIDIAh! Meridian Fire Dept. will not have a problem with the island. on Justin way. There can be no parking on the island side for vehicles or other equipment. Since the island has been put in there will need to have aturn=around at the end of Sustin way. w'~ Ken ~A . Bowers Fire Chief f ~n FARMERS & MERCHANTS STAiE BANK IRREVOCABLE LETTER OF CREDIT #334 Dated: April 21, 1997 Expiration Date: July 14, 1997 Customer: Wirt Edmonds 1966 North Stoneview Place Boise, Idaho 83702 Re. City of Meridian Meridian, Idaho 83642 PACKARD SUBDIVISION Remainder of pressurized irrigation system We hereby authorize you to draw on FARMERS & MERCHANTS STATE BANK for account of Wirt Edmonds at sight, up to the aggregate of: TWENTY-TWO THOUSAND THREE HUNDRED EIGHT AND 00/100 - - - - - - - - - - - - - - DOLLARS ($22,308.00) available by your draft(s) at sight, accompanied by a statement that the DEVELOPER has failed to perform or is in default. Partial drawings are permitted. We hereby agree with drawers of draft(s) drawn under this Irrevocable Letter of Credit # 334, that the same shall be duly honored at sight upon presentation to the BANK. FARMERS & MERCHANTS S ATE BANK ~~l' ~ -- Patricia R. Sereduk Assistant Vice President 209 N. 12TH P.O. BOX 9242 BOISE, IDAHO 83707-9242 (208) 343-7848 703 E. 1ST, P.O. BOX 328 MERIDIAN, IDAHO 83680-0328 (208) 888-1416 112 2ND ST. SOUTH, P.O. BOX 6 NAMPA, IDAHO 83653-0006 (208) 465-6333 FARMERS & MERCHANTS STATE BANK IRREVOCABLE LETTER OF CREDIT #329 RECE11/E~ Dated: January 14, 1997 JAN 1 4 1997 Expiration Date: July 14, 1997 MERIDWN CITY ENGINEEr~ Customer: Wirt Edmonds 1966 North Stoneview Place Boise, Idaho 83702 Re. City of Meridian Meridian, Idaho 83642 PACKARD SUBDIVISION For pressurized irrigation system ~~ r~~++ ~h.,ri ~s {- ~ L' TTT ml~ nm-n mr~ T TTI ~e . e.~ ~~Y au ~~~.,~ ~ z e Y ou ~o draw on FARMERS & M~RChru11,~ ~ ~1-,l r., 3~-~Iv~. for account of Wirt Edmonds at sight, up to the aggregate of: SIXTY-TWO THOUSAND AND 00/100 - - - - - - - - - - - - - - DOLLARS ($62,000.00) available by your draft(s) at sight, accompanied by a statement that the DEVELOPER has failed to perform or is in default. Partial drawings are permitted. We hereby agree with drawers of draft(s) drawn under this Irrevocable Letter of Credit # 329, that the same shall be duly honored at sight upon presentation to the BANK. FARM & MERCHANTS STATE BANK Patricia R. Sereduk Assistant Vice President 209 N. 12TH P.O. BOX 9242 • BOISE, IDAHO 83707-9242 (208) 343-7848 703 E. 1ST, P.O. BOX 328 MERIDIAN, IDAHO 83680-0328 (208) 888-1416 112 2ND ST. SOUTH, P.O. BOX 6 • NAMPA, IDAHO 83653-0006 (208) 465-6333 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor April 18, 1997 Mr. Wally Lee Farmers & Merchants State Bank P.O. Box 9242 Boise, ID 83707-9242 343-7848 Fax 343-7979 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING RE: Letter of Credit #329 for Packard Subdivision #1 Pressurized Irrigation System Release Letter #1 Dear Mr. Lee With the information I have received from Ted Sigmont and Nampa & Meridian Irrigation District as of this date, I approve a reduction of the Letter of Credit for Wirt Edmonds of $39,692.00. This is based on the attached invoice dated March 31, 1997 and letter dated April 2, 1997. It will leave a balance of $22,308.00 remaining on the Letter of Credit. I hope this will meet with your approval: Sincerely William G. Berg, Jr. City Clerk ~n FARMERS & MERCHANTS STATE BANK Dated: Expiration Date: Customer: Re: City of Meridian Meridian, Idaho 83642. IRREVOCABLE LETTER OF CREDIT #329 January 14, 1997 . July 14, 1997 Wirt Edmonds 1966 North Stoneview Place Boise, Idaho 83702 PACKARD SUBDIVISION For pressurized irrigation system 4. , RECEIVED ~- - .. - 4 y.,,,./ ~, JAN 1 41997 __ M~IAN~ qTY ENGd~ i We hereby authcrize you to draw on FARMERS & MERCHANTS STATE BANK for account of Wirt Edmonds at sight, up to the aggregate of: SIXTY-TWO THOUSAND AND 00/100 - - - - - - - - - - - - - - DOLLARS ($62, 000.00) available by your draft (s) at sight, accompanied by a statement that the DEVELOPER has failed to perform or is in default. Partial drawings are permitted. We hereby agree with drawers of draft(s) drawn under this Irrevocable Letter. of Credit # 329, that the same shall be duly honored at sight upon presentation to the BANK. F & MERCHANTS STATE BANK . ~~ Patricia R. Sereduk Assistant Vice President 209 N. 12TH P.O. BOX 9242 BOISE, IDAHO 83707-9242 (208) 343-7848 703 E. 1ST, P.O. BOX 328 ~ MERIDIAN, IDAHO 83680-0328 (208) 888-1416 112 2ND ST. SOUTH, P.O. BOX 6 NAMPA, IDAHO 83653-0006 (208) 465-6333 Jeck FUlter, President Kelly Fulfer, vice Pres~aenr March ~ l . 1997 Pacific Northwest Electric, INC. ,10 S. Orchard, Suite 140 8o~se. Idaho x3 r05 su~ERIOR CONSTRUCTION & EXCAVATING INC. Billing fors PACKAR.D SUBDIVISION #I lnvoicz :- - 9706-] P o. eox 455 Meridian, Idaho 83680 Office {208) 884-4051 Fax: (208) 884-5060 APR 1 ~gg7 ITEvi DESCRIPTION OF WORK QT'Y U/1vI UNIT PRICE TOTAL OF LINE ITEM GR.A.ND TOTAL ! rRRlca,rlo~ 15" PVC 153? LF $ l 1.00 516,852.OU '~ _ IRRIGATION WIRE 6UX IRRIGATION BOX I 6 LS EA $2,400.00 $900.00 52,400.00 / 55,400.00 -t IRRIGATION INTAKE STRUCi'URE 1 EA $3,000.00 52,000.00 `' ~ PUMP 1 LS $30,000.00 S3U,000.00 6 MISCELLAN)rOUS FITTINGS Z LS $1,200.00 i 00.00 / TO'TA L: 557,852.00 GRAVITY IRRIGATION TOTAL P.04 APR 18 '9? 16 32 PAGE. 04 ** TX CONFIRMATION REPORT ** AS OF APR 18 '97 16 49 PAGE. O1 CITY OF MERIDIRN DATE TIME TDiFROM 02 04118 16 47 3437979 OFFICIALS WILLIAM G. BERG, JR., Ciry CIOrK JANICE L. SMITH. City Treasurer GARY 0. SMITH, P.E., C(ly Engineer BRUCE 0. STUART, Writer Works Supt. JOHN T, SHAWCROF7, Waste Water Supt. DENNIS J. SUMMERS, Perks Supt. SHARI L. STILES. P S Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL' GOROON, Police Chief WAYNE Q. CROOKSTON. JR., Altomey MODE MINiSEC PGS CMDkt STATUS EC--S 01'31" 005 052 OK NUB OF TREASURE VgLLEY A Good Place to Live CITY OF ME~IDIt~N 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 88711813 Public Worlcs/Building Dep~rTrnent (208) 887-2211 Motor Ve}ricdrJDrivers Liccnsc (208) 688.4443 ROBERT D. CORRIE Mayor FACSIMILE COVER SHEET TO: FAX NUMBER: .~¢~- 2g79 COUNCIL MFMRFRS WALT W. MORROW. President RONALO R. TOLSMA CHARLES M.AOUNTREE GLENN R. BENTLEY P R Z COMMISSION JIM JOHNSON, Chairman GREG OSLUNO MALCOLM MACCOY KEITH BORUP RON MANNING DATE: ~~18 ` 9 DELIVER TO: ~Gt-~l~ ~ e e- TITLEIDEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 5 FROM: CITY OF MERIDIAN - FAX NUMBER (208} 887813 NAME: ~~ ~l TITLEIDEPARTMENT: ~~~`' C~~~~~ COMMENTS: PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 04-18-199? 04~15PM FROM TO 8874813 P.01 ~~E BIJILDEA3 KAADWARF • lNSUl.ATlON • ELECTRlCA~ 410 South Orchard, Suite 140 Boise, ID 83705 • Ph: 208-343-2818 •-' Fax: 208-343-7484 To: Gary Smith City Engineer Company: City of Meridian Post-It"" brand fax transmittal memo 7671 # ai pages - To ' 1 • ~/ From r L- ~L Co. -~ Co. Dept. ~, C phone #~~ 3 _ a~ /8 Date: April 18, 1997 Fax No. 887-1297 From: Walter T. Sigmont/Wirt Edmonds Total pages including coVe~r page: 4 Farmers Merchant Bank is holding a L.O.C. in the amount of $62,000.00 as a guarantee of payment for the pressure irrigation system for Packard No. 1,:Windate No.2, and Dove Meadows No.2. The system is now 75% conpleted. Enclosed is a letter from Nampa &•Meridi~an Irrigation District confirming this. In order to pay the subcontractor who is doing the installation of the system we are asking for release of a portion of the L.O.C. money. Wally Lee, SBA loan officer at Farmers terchant bank is requesting permission from you to reduce the L.O.C. .to $22,3U8.i-J, ;o he can release the needed sum o~` X39,592.00 Farmers Merchant Banks phone no. is 208-343-7848. Their fax no. is 208-343-7979. Enclosed are the supporting documents. t If you have any problems rece;i~ving this transmission, please contact us right away. Thank you. - A Subs/dlary of P&cif/c Northwest E/ectrlC, Inc. -- ~_Y. APR 18 '97 16 31 PAGE.01 04-18-199? 04~15PM FROM TO APR 15 199 88?4813 P.02 ll l~~' D APR 1 11997 ~ acs ~oAHo & ~. . 1503 FIRST STREET SOUTH NAMPA, IDAHO83651-4395 FAX ~ 208-888-6201 Phones; Areo Cade 208 OFFICES Nompo 466.7861 9 April 1997 Boise 343.1884 SHOP: Nompa 466-0663 Mr. Gary Lee, P. E./L. S. Boise 34s-2431 J-U-B Engineering, Inc. 250 S. B~eechweod „u:sa, !D 9~ : 09 i RFt~ Packard Subdivision/Pressure Irrigation System Dear Gary: The Nampa & Meridian Irrigation District has completed an on-site review of this system and it appears to be approximately 75% complete. The contractors have insta/led this system according to the District's specifications, but we sti/I need a signed contract for the Nampa & Meridian Irrigation District to own, operate and maintain this system. Please feel free to contact me if you feel further discussion is required. SincerelyQ, /• John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA: d/n cc: File Each Director Secretary-Treasurer Asst. Water Superintendent Presswe litigation Specialist -Clinton Ride 3 -Madsen Cif of Meridian - G. Smith Attorney - Burri APPROXIMATE IRRIG-aBLE .oCRES RIVER FLOWN RIGHTS • 23,000 8015E 9ROJEC7 RIGFfTS • 40,000 APR 18 '9? 16 31 PAGE. 02 04-18-199? 04~15PM FROM PNE~ BUILDERS HARDWARE INSULATION ELECTRICAL Heritage Realty Attn: Dave Leader Boise, ID PH: 208-344-8200 Fax: 208-344-8200 Re: Irrigation Lift Station TO 8874813 P.03 April 2, 1997 Enclosed is Invoice #9706-1 from Superior Construction ~ Excavating, Inc. for the work to date on the lift station for Packard, Dove Meadows and Wingate No. 2. The breakdown of the cost for each subdivision is as follows: Total Owed 3/31197 Billing Wingate No. 2 $11,1SS.08 $ 8,S8S.00 Dove Meadows No. 2 12,441.88 9,57S.U0 Packard Subdivison No. 1 8t 2 S1.S77.04 39,692.00 Total $S7,8S2.00 Please bring us a check made out to Superior Construction & Exca~~ating, Inc. for your portion so we can include it with our payment; or, if you prefer to pay direct, please fax us a copy of your check. We want to be able to maintained an accurate record of our account with Superior Construction & Excavating Inc. The work on the irrigaton lift station is approximately 779o completed. Sincerely, Mildred Walker Bookkeeper - A Subsidiary of Pacific Northwest Electric, Inc. -- 3131 E. Lanark St., Suite C • Meridian, ID 83642 • (208) 888-7255 • FAX (208) 888-7266 APR 18 '9? 16 31 PAGE. 03 04-18-1997 04~16PM FROM Jack Fulfer, President Kelly Fulfer, vice Preslaenr \larch ~ 1. 1997 Pacific Northwest Electric,lNC. T 10 S. Orchard, Suite 1 ~0 Boise. Idaho $3 %0~ TO su~»~~~or~ CONSTRUCTION ;Y EXCAVATING INC. Billing fors PACKARD SUBDIVISION #1 Invoice r - 9706-] 8874813 P.04 P o. ~x ass Meridian, Idaho 83680 Office {208) 884-4051 Fax: (208) 884-5060 APR 1199? ITEM DESCRIPTION OF WO12K QT'Y U/1v1 UNIT PRICE TOTAL OF LINE ITEM GRAND TOTAL rrtRlcarroN i i ~" PVC I5?2 LF $! 1.00 S 16,852.00 '~ IRRIGATION WIRE 6UX I LS $2,400.00 52,400.00 / _ IRRIGATION BOX 6 EA $900.00 55,400.00 -t IRRIGATION INTAKE STRUCi'URE 1 EA 53,000.00 52,000.00 `' PUMP 1 LS $30,000.00 $30,000.00 6 MISCELLANEOUS FITTINGS l LS $1,200.00 I 00,00 / TO'TA L: 557,852.00 APR 18 '97 16 32 TOTAL P.04 PAGE. 04 ~r~ui & ~~vcidia.~c ~I~r jatiacc ?~i~cict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 9 Apri/ 1997 Mr. Gary Lee, P.E./L. S. J-U-B Engineering, /nc. 250 S. Beechwood Boise, /D 83709 Packard Subdivision/Pressure /rri~ Dear Gary: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampo 466-0663 Boise 345-2431 The Nampa & Meridian lrrigation District has comp/eted an on-site review of this system and it appears to be approximately 75% complete. The contractors have instal/ed this system according to the District's specifications, but we sti// need a signed contract for the Nampa & Meridian lrrigation District to own, operate and maintain this system. P/ease feel free to contact me if you feel further discussion is required. Sincerely, r'"'r~'"01'`'~' 4,06/97 ~ (v2,ooo•" orig. bov~d Tcd S ~ w.ovct - John P. Anderson, Water Superintendent 22~ 3 ~ • ~ ~'Q'w'"'"""~ NAMPA & MER/D/AN /RR/GAT/ON D/STRICT ~~ ~ 3f , b9~~ JPA: dln cc: Fi/e RECEIVED Each Director secretary-Treasurer APR 1 1 1997 Asst. Water Superintendent Pressure lrrigation Specialist - Clinton Ride 3 -Madsen !~/I ~/ Q ~ CI EN(~R ~.ey of Meridian - G. Smith nn ~~ ~~ ~~ 11 ,~, '~`~- Attorney - Burri ~ ~ ~a ~~ ~ GW~-"~ ~ ~~, r~ / ,Y ~~~' -(f /t ~ APPROXIMATE IRRIGABLE ACRES / Cam` RIVER FLOW RIGHTS - 23,000 ~~ ~ ~ '1~~~U BaSE PROJECT RIGHTS - 40,000 '1'la~rr~~a ~i ~~inidta~ ~Ivcigatiocz ?~w,~ctct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 9 Apr%l 997 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Mr. Gary Lee, P. E./L. S. Boise 345-2431 J-U-B Engineering, lnc. 25® S. Beechw~ood Boise, lD 83709 R~ ~ Packard Subdivision/Pressure /rri ation S stem _ _ _ r--~-----9---- y Dear Gary: The Nampa & Meridian lrrigation District has completed an on-site review of this system and it appears to be approximately 75% complete. The contractors have installed this system according to the District's specifications, but we still need a signed contract for the Nampa & Meridian lrrigation District to own, operate and maintain this system. P/ease feel free to contact me if you feel further discussion is required. Sincerely, /• John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGAT/ON DISTRICT JPA: dln cc: File Each Director Secretary-Treasurer Asst. Water Superintendent Pressure lrrigation Specialist -Clinton Ride 3 -Madsen ~ / / ~ ~ ~ 7 -~`ity of Meridian - G. Smith ~f Attorney - Burri ~ ~, -- ~ ~iECEII/EL ~ ~ 1 9~y7 N1tF{It~NAN ;lTY ~+~~R+IELcF- ~ ~ ~~~~ ~~~~_~ ~ ~ ~ / ~ •~ / , ~, 4'f/'-^~ ~ ,Y1,,~,y/ APPROXIMATE IRRIGABLE ACRES 9 l ^~ l ' RIVER FLOW RIGHTS t~j.a/w CGW~ ~1 ~ - 23,000 6 ~/~ d~/~,vw BOISE PROJECT RIGHTS - 40,000 ** TX CONFIRMATION REPORT ** AS OF RPR 18 '9? 17 04 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 03 04/18 17 03 3437484 OFFICfA S WILLIAM G. BERG, JR., Clry park JANICE L SMITH, Clty Treasurer GRAY D. SMITH, P.E,. Clry Engineer BRUCE D. STUART, Water Works Suol. JOHN T. SHAWCROFT. Waste Water Supt. DENNIS J. SUMMERS, Perks Supl. SHAPo L. STILES, P & Z administrator PATTY A. WOLFKIEL, DMV Supetv"~sor KENNETH W. BOWERS, Flre Chief W.L. "BILL' GORDON. Police CNeI WAYNE G. CROOKSTON, JR.. Attorney April 18, 1997 MODE MIN/SEC PGS CMD# STATUS EC--S 00'50" 002 054 OK NUB OF TREASURE VALLEY A Good Place to hive CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887-4813 Puhlic Works/Building DcpaRment (208) 887-2211 Motor Vehicle/Drivers License (708) 888-Cad3 ROBERT D. CORRIE MdyOt Mr. Wally Lee Farmers 8 Merchants State Bank P.O. Box 9242 Boise, ID 83707-9242 343-7848 Fax 343-7979 COUNCIL MEMBERS WALT W. MORROW. President RONALO R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P_~Z_CQ!>1~IS&14i1 JIM JOHNSON. Chelfman GREG 03LUND MALCOLM MACCOV KEITH BORUP RON MANNING RE: Letter of Credit #329 for Packard Subdivision #1 Pressurized Irrigation System Release Letter #1 Dear Mr. Lee With the information I have received from Ted Sigmont and Nampa ~ Meridian Irrigation District as of this date, 1 approve a reduction of the Letter of Gredit for Wirt Edmonds of $39,692.00. This is based on the attached invoice dated March 31, 1997 and letter dated Apri12, 1997. It will leave a balance of $22,308.00 remaining on the Letter of Credit. 1 hope this will meet with your approval. Since~r~ly William G. Berg, Jr. City Clerk