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Letter by Joy Smith 8/18s~ August 18, 2012 Meridian City Council, Mayor and City Clerk, I am writing this letter regarding interest/concerns we have about the Mulberry sub division (Settlers Park LLC) @ N Meridian Rd/Ashby DR. We live in Cedar Springs Sub Division. The gentlemen Howell/ Murdoch Development Corp. were the developers of this subdivision. We were informed the developers are the people that write the HOA guidelines. (Kevin Howell) signature is all through our HOA guidelines. We find it very interesting how they were written and mentioning t Lot C (Mulberry Subdivision) is zoned for (R4) office, school or business or single family homes. Then we find out later after signing and moving in (2006) that it was rezoned (R15). In speaking with a number of neighbors they were never informed of the change in rezoning. And the ones that were notified said, they didn't have a problem because it was stated they were rezoning to build retirement type living. Or they would have disputed the rezoning. The developer didn't attach an addendum (update) the existing HOA guidelines (which we all have to abide by and pay for), since he was the developer that wrote them and owned/developed each of the properties. One would think he would have some ethics and compassion and updated the HOA guidelines. This rezoning was done in a very deceitful manner (breach of contract). We hope that these concerns will be taken into consideration before approving the project to go forward. This can turn into a legal matter since the developer of Cedar Springs and Settlers Park LLC (Mulberry Sub Division) are the same developer and he/they have never updated the HOA guidelines( Breach of contract). Maybe all of us homeowners that moved in after rezoning shouldn't pay HOA dues. How would that go over? Not real good we would be punished. So should the developer for not amending the HOA guidelines. Medium/High density is also a major concern due to our privacy as existing homeowners. We purchased this home due to the fact our realtor, informed us that the lot was zoned for small businesses/commercial use and/or a school and possible single family homes. She never made mention of any zone change nor did/does the HOA guidelines. And our HOA guidelines mention the same thing. The developer should have taken this into consideration when putting together the HOA guidelines. We would have never bought here if we knew then what we know now. If we wanted people looking down in our backyard (direct back neighbors) we would have purchased a home accordingly (rear houses). Let alone having 36 Multi Family Housing (Medium/High Density) by/behind us. Building such type housing in a park shouldn't be an option. Especially when the developer got it rezoned with assisted living/independent living in mind (which was mentioned at p/z meeting). Or else this was his plan all along. Again the developer went about this in a very deceitful manner. Interesting what wealth and greed can do. Not advising all homeowners within proximity of the property. So this zoning is not/should not be valid if it was done improperly. So therefore they can't develop anything they want. Which was stated to us by Becky McKay, Engineering Solutions at the last planning and zoning meeting July 19, 2012. Again this can and may be a legal matter if the city allows this project to go forward. We feel it would be wise and fair to existing homeowners/taxpayers if the developer developed something under the lines of what the land was rezoned for. Or something along the lines of the existing neighboring interest (indoor recreation center year round access) etc. Or maybe even build a smaller complex 20-24 instead of 36. If they insist in building such a complex. Maybe one story (low density). Especially since the HOA guidelines were never amended accordingly. We also feel the city should take this into consideration before allowing the project to go forward. As homeowners we have to pay our property taxes or there is a consequence. As homeowners we have to abide by and pay our HOA's or there is a consequence. We can't just snowball or be deceitful and get away with it. So isn't there a law or any ethics that the developer should have to go by and/or amend/update the HOA's before/after rezoning. We all need to be accountable for our actions accordingly. Laws, guidelines and ethics should be two sided and enforced to all. If the HOA guideline that we all have to abide by and pay into every year haven't /can't be amended, why should we even have HOA guidelines or dues. The city can hire people to maintain all the common grounds. The city council etc. should take into consideration of the petition against this project as well as the letter/speech from the attorney that represented the subdivision, the speakers at the last p&z meeting as well as letters sent in. Also all the signatures at the planning and zoning meeting with cks next to (not in agreeance) with the projects. There is quite a bit that needs to be taken into consideration before approving the project to go forward. Especially the fact that the developer never amended the HOA guidelines (in which he implemented) is a huge legal and/or obligation to all the people that have bought into Cedar Springs. Again very deceitful. We look forward in something positive coming out of this. Sincerely, Joy Smith AQA COUNTY flEC0p0ER J, AAVIO NAYAflfl0 68' 6016! IDAi10 6f1O6M3 1218 PPA •. DEpUrY' 6onnfe 0berhIlNC I+ pp' 'rI In pryry . ' .' flECORDEO-flE0UE6TOP ~~tl'll~l+l~~~I~I~~~i11~~111111~~ Title Orre AelnllNi 761 M 1 ~300S~c76 DECLARATION OF COVENANTS- CONDITIONS A D RESTRICTIONS '~ ~ •~ 1 CEDAR SPRINGS St18DiV 'THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CEDAR .SPRINGS SUBDIVISION NO. i is made by Howell-Murdoch Development Corporation, (hereinafter "Grantor" or "OeclaraRt") whose address:is 4822 N. RosepoMt Way, Suite C, Boise, Idaho 83713. ARTICLE 1: RECITALS 1.7 Prongrtx C vered. The Property subject to this Declaration of Covenants, Conditions and Restrictions (hereinafter referred to as "Declaration" or "CC&R's"- is that property in Ada County, State of Idaho, which is contained in Cedar Springs Subdivision No. 1, and which is legally described on Fachibit A attached hereto, together with any additions or annexations es may hereinafter be brou~.jht within the jurisdiction of these CC&R's and the Cedar Springs Neighborhood Association, Inc. r 1.2 An xation ~A ro ertiea or dditional Subdivisions into these Iw rC&R's. Additional phases of Cedar Springs.Subdivision (#or exempla Cedar Springs Subdivision No. 2) are contemplated to be annexed into those CC&R's. In the event that any other properties are annexed into these CC&R's then those properties shall also be subject, to these CC&R's except as modified by the recorded Declaration of Annexation. Ali annexed property wil! be under the jurisdiction,of the Association as set out below. These CC&ii's and any beclarations of Annexation shah be construed together as if all had been done at the same time. Each annexed property may have different covenants ,and building restrictions and different Common Areas par[icul to that annexed property. ~ However, all Common Areas here and in anne TitleOne v tuk !k ~wernv- ca CEDAR SPRINGS SUBDIVISION CC&R's tiz-to-sooal Page 1 of 37 properties shall be for the benefit of a!I Owners in this subdivision and in the anne~ted properties.'CedarSprtngs Neighborhood Association, Inc. shall own, operate and rtianage all Common Areas in this subdivision and all annexed properties as if alE were ire one subdivision. In the event that any other properties are annexed, this Declaration shall be referred to ea the "Master" Declaration. '1.3 1~[Qtice of Development of Later Phases of Cedar Sg_rings Subdivfsion_ A depiction ofi the preliminary plat of Cedar Springs Subdivision is attached hereto as Exhibit C. Notice (e hereby given to ail Owners that this configuration is subject to change and that future portions of the subdivision, Ef developed, may b® developed differently. bectarant is under no obligation to develop later phases of this subdivision or to develop any later phases in any particular manner or order. Notice is also given to ail Owners in Cedar Springs Subdivislona that some later phases of Cedar Springs Subdivision, Encluding, but not limited to, those phases or portions of Cedar Springs Subdivision that are dep(ctad on Exhibit C as possible "Phase 4" and possible "Phase 5" are intended to be developed by Declarant, end may~e developed by Declarant, as some form or commercial, office, retail, ar other ' related business uses. A portion may, or may not, also be developed as a school "site. If the business Lots are so developed for business uses, each of the business Lot phases wail have its own separate business Covenants, Conditions ahd I'iesthictiona for that particular business phase, whatever t1taC pltasrs may lie. Tlie Lots or parcels in a business phase (or any school situ steal! not be part of, or "~ subject to, these CC&Fi's and the Owners thereof shall have no votes fn the Cedar `•~ Springs Neighborhood Association; Provided, however, that each of the i_ots or paresis in the business phases, or school site, may be connected to the pressurized urban irrigation "system (t?UiS)_ of Cedar Springs Subdivision. If connected, the Owners of these Lots or parcels shall pay-their proportionate share of ail op®ration and maintenance costs of the PUIS and their proportionate share of the water costs relating to these Lots ar parcels. In the event that the school site or the business phases are not developed for school er business uses and era developed as single family residential uses then the Lots therein shall be subject to these CC&R's when, and if, annexed into these CC&R's. 7 .4 PtlrRQse of QecLeratlon. The purpose of this Deolaration is to set forth the ~asic restrictions, covenants, limitations, easements, conditions end equitable servt udes that will apply to the development and use of the Property. This Declaration ie designed to preserve the Property's value, desirability and attractiveness, and to guarantee adequate maintenance of the Common Area, -and any Improvements located thereon. CEDAR SPRINGS SUBDIVISION CC&R's i12-'10-2002! Pag®2 of 37 ,.