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Resolution Business Park FP 00-019TRANSMITTALS 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: September 28, 2000 Transmittal Date: September 20, 2000 Hearing Date: October 3, 2000 File No.: FP 00-019 Request: Final Plat approval of 91.83 acres with 10 building lots and 1 other lot in an L -O and R-4 zone for Resolution Business Park By: G.L. Voigt and Overland LLC and Joint School District No. 2 Location of Property or Project: south of Overland and east of Locust Grove Sally Norton, P/Z (No vAR, vAc, FP) Kent Brown, P/Z (No VAR, VAC, FP) Thomas Barbeiro, P/Z (No VAR, vAc, FP) Richard Hatcher, P/Z (No VAR, vAc, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vAR, vAc, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner AZ -22 FP -23 PP/PFP-24 VARNAC/CUP-20 Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP1PPoniy) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPlPPon/y) U.S. West (FP/PPonto Intermountain Gas(FP1PPonio Bureau of Reclamation (FP1PPoniw Idaho Transportation Department (No FP) Ada County (Annexation only) HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 •Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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: September 28, 2000 Transmittal Date: September 20, 2000 Hearing Date: October 3, 2000 File No.: FP 00-019 Request: Final Plat approval of 91.83 acres with 10 building lots and 1 other lot in an L -O and R-4 zone for Resolution Business Park By: G.L. Voigt and Overland LLC and Joint School District No. 2 Location of Property or Project: south of Overland and east of Locust Grove Sally Norton, P/Z (No vAR, vAc, FP) Kent Brown, P/Z (No VAR, VAC, FP) Thomas Barbeiro, P/Z (No VAR, vAc, FP) Richard Hatcher, P/Z (No VAR, vAc, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vAR, vAc, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner AZ -22 FP -23 PP/PFP-24 VARNAC/CUP-20 Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP1PPoniy) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPlPPon/y) U.S. West (FP/PPonto Intermountain Gas(FP1PPonio Bureau of Reclamation (FP1PPoniw Idaho Transportation Department (No FP) Ada County (Annexation only) NUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Come (208)_88-2499 • Fax 288-2501 CITY OF MERIDIAN CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd TT�T .L_I �� / H 1 ! (208) 888-4433 • Fax (w4ht y /1.I1�d PLANNING AND ZONING DEPARTMENT Cherie McCandless City Clerk Office Fax (1J (208) 884-5533 • Fax 888-6854 2 2 2000 ,SEEP CITY OF MERIDIAN TRANSMITTALS TO AGENCIES FOR COMMM-ft dNIflCF0MtNT 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: September 28, 2000 Transmittal Date: September 20, 2000 Hearing Date: October 3, 2000 File No.: FP 00-019 Request: Final Plat approval of 91.83 acres with 10 building lots and 1 other lot in an L -O and R-4 zone for Resolution Business Park By: G.L. Voigt and Overland LLC and Joint School District No. 2 Location of Property or Project: south of Overland and east of Locust Grove Sally Norton, P/Z (No vaR, vac, FP) Kent Brown, P/Z Mo vaR, vac, FP) Thomas Barbeiro, P/Z (No vaR, vac, Fp) Richard Hatcher, P/Z (No vaR, vac, FP) Keith Borup, P/Z (No vart vac, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Qvo vaR, vac, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner AZ -22 FP -23 PP/PFP-2t VARNAC/CUP-20 Meridian School District (No FP) Meridian Post Office (FPIPPonio Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPlPPonw U.S. West (FP/PPonw Intermountain Gas"/PPonw Bureau of Reclamation (FP/PPonw Idaho Transportation Department (No FP) Ada Coun rannexAbnonW Your Concise Remarks: V 0. / — Q Q WA --f -e r Sic Q Q l N s- w i / //�AJ:CQ cQ to R.Q /�•�-f' • S_ -/r& AIAvi ¢- S'i G ti S w cam. iv -9 q HUB OF TREASURE VALLEY MAYOR LEGAL DEPARTMENT Robert D. Corrie A Good Place to Live (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS CITY OF MERIDIAN PUBLIC WORKS Ron Anderson 33 EAST IDAHO KINDEPARTMENT (�1 ��"V2 l 1 • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 v Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 SEj�' 2 2000 DEPARTMENT J (208) 884-5 33 • Fax 888-6854 CITY OF MERIDIAN CIT` (LERK OFFIC 17 TRANSMITTALS 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: September 28, 2000 Transmittal Date: September 20, 2000 Hearing Date: October 3, 2000 File No.: FP 00-019 Request: Final Plat approval of 91.83 acres with 10 building lots and 1 other lot in an L -O and R-4 zone for Resolution Business Park By: G.L. Voigt and Overland LLC and Joint School District No. 2 Location of Property or Project: south of Overland and east of Locust Grove Sally Norton, P/Z (No vAR, vac, FP) Kent Brown, P/Z pvo vAR, vac, FP) Thomas Barbeiro, P/Z ovo vAR, vac, FP) Richard Hatcher, P/Z (No vAR, vac, FP) Keith Borup, P/Z (fro vAR, vac, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vAR, w Building Department Fire Department >' Police Department City Attorney City Engineer City Planner AZ - 22 FP - 23 PPIPFP - 24 VARNACICUP - 20 Meridian School District ovoFP) Meridian Post Office (FP1PPonw Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FPlPPoMw U.S. West (FPlPPonw Intermountain GasoFP/PPowo Bureau of Reclamation (FP/PPoMw Idaho Transportation Department ovoFP) 20'391dd vvL0b88802 60:97 00, SZ d3S HUB OF TREASURE:- VALLEY MAYOR Robert D Corrie A, Good Placc to Live LEGAL DEPARTMENT CITY CITY OF MERIDIAN (208) 288-2499 • Fax 288.2501 COUNCIL MEMBERS PUBLIC WORKS Ron Andcrson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887.2211 • Fax S87-1297 Tammy deWccrd (208) 8884433 • Fax (208) 887-4813 PLANNING AND ZONING Chcrie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMEN r (208) 884-S533 • Fax 888-6854 TRANSMITTALS 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: September 28, 2000 Transmittal Date: September 20, 2000 Hearing Date: October 3, 2000 File No.: FP 00-019 Request: r-nlal r-lat approval of y1.133 acres with 10 building lots and 1 other lot in an L -O and R-4 zone for Resolution Business Park By: G_L. Voigt and Overland LLC and Joint School District No 2 _ Location of Property or Project: south of Overland and east of Locust Grove' Sally Norton, P/Z (No vAR vAc FP) Kent Brown, P/Z (m. vAR, vAa Fr) Thomas Barbeiro, P/Z (No vAa vAc, ,p) Richard Hatcher, P/Z (No vAR vAc tw) Keith Borup, P/Z (N, vAR, vAC, Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vAR vAc, ,R,) Building Department Fire Department Police Department City Attomey City Engineer City Planner Q - 2L FP - a PP/PFD . 24 VAANACJCUP . 20 Meridian School District ow. A.) Meridian Post Office nPPPoep� Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. U.S. West pp/ppwt) Intermountain Gas(wlpPo„„ Bureau of Reclamation (winvo.w Idaho Transportation Department rNo rad Ada County (m.,r.do owo )-OiEOd 'b17L0tPP90Z=a I ?7 '7 T HM'.7 7 n,...r .. w MAYOR NUB OF TREASURE VALLEY Kent Brown, P/Z (No VAR, yqc, FI) Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL MEMBERS CITY OF MERIDIAN (208) 288-2499 - Fax 288-2501 Ron Anderson Keith Bird 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT Tammy deWeerd MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 Settlers Irrigation District (208) 888-4433 - Fax (208) 887-4813 Power Co. Cherie McCandless City Clerk Office Fax (208) 888-4218 PLANNING AND ZONING Intermountain Gas(FP/pp o,,w Sewer Department —__ DEPARTMENT _ Sanitary Service (No mvp vAc, FP) Idaho Transportation Department (No Fp) (208) 884-5533 - Fax 888-6854 TRANSMITTALS 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: September 28, 2000 Transmittal Date: September 20, 2000 File No.: FP 00-019 Hearing Date: October 3, 2000 Request: Final Plat approval of 91.83 acres with 10 building lots and 1 other lot in an L -O and R-4 zone for Resolution Business Park By: G.L. Voigt and Overland LLC and Joint School District No. 2 Location of Property or Project: soutn of Overland and east of Locust Grove Sally Norton, P/Z (No VAR, Vqc FP) Kent Brown, P/Z (No VAR, yqc, FI) Meridian School District Mo FP) Thomas Barbeiro, P/Z�_ (No vary vac, Fp) Meridian Post Office (FP,PP,,,w Richard Hatcher, P/Z (No vaR yqc, Fp) Ada County Highway District Keith BoruP, p/Z novqc, FP) Community Planning Assoc. Robert Corrie, Mayorr Central District Health Ron Anderson, C/C Nampa Meridian Img. District Tammy deWeerd, C/C —__ Settlers Irrigation District ------ Keith Bird, C/CIda�c+ho Power Co. herie McCandless, C/C __ � U -S- West (FP/PPo„/y� Water Department �_ Intermountain Gas(FP/pp o,,w Sewer Department —__ Bureau of Reclamation (FP/PP,,,,, _ Sanitary Service (No mvp vAc, FP) Idaho Transportation Department (No Fp) Building Department Your Concise Remarks: Ada Co my (Anmxawn o„io Fire Department Police Department City Attorney City Engineer City Planner AZ - 22 FP - 20 PP/PFP • 2/ VAR VAC/CUP - 20 REC-ETVED SEP 2 2 2000 CITY OF MERIDIAN REc5aV51) c,EP 21 2p�� ed an nten�"t � atec cups' September 29, 2000 MERIDIAN CITY COUNCIL MEETING October 3, 2000 APPLICANT G.L. Voig t and Overland, LLC ITEM NO. 6 REQUEST Request for Final Plat approval of 91.83 acres with 10 buildinq lots and 1 other lot in an L -O and R-4 zone for Resoution Business Park - s/o Overland Road and e/o Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached comments OTHER: Contacted:.�Zy _ p- CSU— Date: d Z Phone:3q C'f Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF G. L. VOIGT AND OVERLAND LLC AND JOINT SCHOOL DISTRICT NO. 2, FOR APPROVAL OF FINAL PLAT FOR RESOLUTION BUSINESS PARK LOCATED SOUTH OF OVERLAND AND EAST OF LOCUST GROVE, MERIDIAN, IDAHO FILE COPY QC 10-03-00 CASE NO. FP -00-019 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on October 3, 2000, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Engineering Technician III, listing 12 General Comments and 13 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and no one appeared to testify, and the Council having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF -- PAGE 1 OF 3 FINAL PLAT FOR RESOLUTION BUSINESS PARK (FP -00-019) IT IS HEREBY ORDERED THAT: The Final Plat of "RESOLUTION SUBDIVISION NO. 1" as evidenced in Plat bearing the File name: SHEET 1 OF 2, 0101 \0101 -PLAT. MNM, dated: 08/17/00 and stamped AUG 23 2000, BRIGGS ENGINEERING, INC., Consulting Engineers, RESOLUTION BUSINESS PARK, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, dated September 29, 2000, listing 12 General Comments and 13 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER OF CONDITIONAL APPROVAL OF -- PAGE 2 OF 3 FINAL PLAT FOR RESOLUTION BUSINESS PARK (FP -00-019) ,moo By action of the City Council at its regular meeting held on the , :day of C�G2 2000. IM, By: R BERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. B4`�9Dated: ity Cleric /o _�7-gad msg\ZAWork\M\Meridian 15360M\Resolution Business Park AZ RZ CUP PP\Order FP ORDER OF CONDITIONAL APPROVAL OF -- PAGE 3 OF 3 FINAL PLAT FOR RESOLUTION BUSINESS PARK (FP -00-019) MEMORANDUM: September 29, 2000 To: Mayor and City Council From: Bruce Freckleton, Assistant to City En ineer Shari Stiles, P&Z Administrator Re: Request for Final Plat for Resolution Subdivision - 10 Buildable Lots and 1 Common Lot on 91.83 Acres in an L -O Zone (Filer FP -00-019) This subject property was rezoned from R-4 to L -O in July 2000 (Ordinance No. 880) and is subject to terms of a development agreement (Resolution No. 332). All development is to conform to the requirements of the preliminary plat and the conditional use permit for a planned development. Staffs failure to specifically identify requirements in this memorandum does not relieve developer of responsibility for compliance. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: 1. Any existing active irrigation/drainage ditches crossing the property shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. 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 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two -hundred -fifty -watt and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Submit a "Final' letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. FP -00-019 ResolutionSub.fp.doc HUB OF TRE4SURE V4LLEY {:\1'OR - A Good Place to Live Robot D. Come LEGAL DEP.\R IJE-NT CITY (�� 24� Fax 501 ITY U CCONCIL>fEi�iBERS OF WRIDLkN KS Ron :\nder on 33 EAST IDAHO PUBLIC WORKS BU LDING DEPAR-rMENT Keith Bind MEMLAN, LDAHO 83642 (208) 887 -MI I - Fax 887-1297 Tammy de\Leerd (208) 888-4433 • FAX (208) 8874813 PLUNNING .RIND ZONING Cherie NfcCandless City Clerk Office Far (208) 888-3218 DEP:\RIN{i?NT (208) 88.1-5533 - FAX 888-6854 MEMORANDUM: September 29, 2000 To: Mayor and City Council From: Bruce Freckleton, Assistant to City En ineer Shari Stiles, P&Z Administrator Re: Request for Final Plat for Resolution Subdivision - 10 Buildable Lots and 1 Common Lot on 91.83 Acres in an L -O Zone (Filer FP -00-019) This subject property was rezoned from R-4 to L -O in July 2000 (Ordinance No. 880) and is subject to terms of a development agreement (Resolution No. 332). All development is to conform to the requirements of the preliminary plat and the conditional use permit for a planned development. Staffs failure to specifically identify requirements in this memorandum does not relieve developer of responsibility for compliance. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: 1. Any existing active irrigation/drainage ditches crossing the property shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. 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 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two -hundred -fifty -watt and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Submit a "Final' letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. FP -00-019 ResolutionSub.fp.doc Nlav:)r and Cite Council September 29, 2000 Page 2 6. Provide five -foot -wide sidewalks throughout the development in accordance with City Ordinance Section 12-5-2.K 7. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 8. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 9. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 10. Assessment fees for water and sewer service are determined during the building plan review process. Each individual building owner shall be required to enter into a Re - Assessment Agreement with the City of Meridian for all uses. An assessment agreement is a vehicle that protects the City of Meridian and the developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for overpayment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 11. Applicant has indicated the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 12. Due to the completeness of the application and minor nature of the remaining issues involved, a response from the applicant is not necessary. SITE SPECIFIC COMMENTS: 1. Sanitary sewer service to this site will be via extensions from the Five Mile Trunk that is currently under construction by this applicant. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via extensions from newly constructed mains under the interstate, and from extensions of existing mains installed in adjacent developments. FP -00-019 ResolutionSub. ip.doc Ma•-cr and City Council September 29, 2000 ^ Page 3 - Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. �. Detailed landscape plans for all landscape buffers must be submitted for review and approval prior to signature on the final plat. Interior landscaping will be dealt with on a site -by -site review basis with future CUP applications. A letter of credit or cash surety will be required for the improvements prior to signature on the Final Plat. 4. Six -foot -high, permanent fencing shall be required prior to issuance of building permits. Submit detailed fencing plans for review and approval prior to signature on the final plat. 5. The Hunter Lateral is located along the westerly boundary of the property. 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. A letter of credit or cash will need to be submitted for tiling of the ditches prior to signature on the final plat. 6. Building permits will be subject to any trunk line extension fees in existence at the time of application. 7. Add or revise the following notes: 2. ...zoning regulations of the City of Meridian, Idaho, or as allowed by conditional use. 8. Please complete the Certificate of Owner and accompanying Acknowledgment. 9. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, road base approved by the Ada County Highway District, and perimeter fencing is to be in place prior to any building permits being issued. All landscape setback areas are to be constructed prior to issuance of Certificate of Occupancy for any building within the subdivision. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. 10. Please correct the curve table information for Cl. 11. The easement for the temporary turnaround shall be dedicated outside of the plat; reference the recordation instrument number on the face of the plat. FP -00-019 Exhllil*� iq V 3 &T41 ResolutionSubAp.doc Mayor and City Council September 29, 2000 Pa, 12. S. Red Cloud Avenue is shown adjacent to this subdivision on the southern boundary. E. Blue Tick, in Raven Hill Subdivision, is also adjacent to this subdivision. Either show all adjoining public roadways consistently or remove them from the face of the plat. 13. The Final Plat must be recorded prior to issuance of any building permits or Certificates of Zoning Compliance. FP -00-019 Z-xLi•6•/ �fqv yo-fZ/ ResoludonSub.fp.doc HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D Corrie(208) 288-2499 •Fax 288-2501 ITY CCOUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird M1J1Z' ID]AN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy &Weerd (208) 888-4433 • FAX (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • FAX 888-6854 MEMORANDUM: September 29, 2000 To: Mayor and City Council From: Bruce Freckleton, Assistant to City En ineeG� Shari Stiles, P&Z Administrator Re: Request for Final Plat for Resolution Subdivision - 10 Buildable Lots and 1 Common Lot on 91.83 Acres in an L -O Zone (File# FP -00-019) This subject property was rezoned from R-4 to L -O in July 2000 (Ordinance No. 880) and is subject to terms of a development agreement (Resolution No. 332). All development is to conform to the requirements of the preliminary plat and the conditional use permit for a planned development. Staff's failure to specifically identify requirements in this memorandum does not relieve developer of responsibility for compliance. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: 1. Any existing active irrigation/drainage ditches crossing the property shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. 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 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two -hundred -fifty -watt and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Submit a "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. FP -00-019 ResolutionSub.fp.doc Mayor and City Council September 29, 2000 Page 2 6. Provide five -foot -wide sidewalks throughout the development in accordance with City Ordinance Section 12-5-2.K 7. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 8. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 9. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 10. Assessment fees for water and sewer service are determined during the building plan review process. Each individual building owner shall be required to enter into a Re - Assessment Agreement with the City of Meridian for all uses. An assessment agreement is a vehicle that protects the City of Meridian and the developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for overpayment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 11. Applicant has indicated the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 12. Due to the completeness of the application and minor nature of the remaining issues involved, a response from the applicant is not necessary. SITE SPECIFIC COMMENTS: 1. Sanitary sewer service to this site will be via extensions from the Five Mile Trunk that is currently under construction by this applicant. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via extensions from newly constructed mains under the interstate, and from extensions of existing mains installed in adjacent developments. FP -00-019 ResolutionSub.fp.doc Mayor and City Council September 29, 2000 Page 3 Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 3. Detailed landscape plans for all landscape buffers must be submitted for review and approval prior to signature on the final plat. Interior landscaping will be dealt with on a site -by -site review basis with future CUP applications. A letter of credit or cash surety will be required for the improvements prior to signature on the Final Plat. 4. Six -foot -high, permanent fencing shall be required prior to issuance of building permits. Submit detailed fencing plans for review and approval prior to signature on the final plat. 5. The Hunter Lateral is located along the westerly boundary of the property. 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. A letter of credit or cash will need to be submitted for tiling of the ditches prior to signature on the final plat. 6. Building permits will be subject to any trunk line extension fees in existence at the time of application. 7. Add or revise the following notes: 2. ...zoning regulations of the City of Meridian, Idaho, or as allowed by conditional use. 8. Please complete the Certificate of Owner and accompanying Acknowledgment. 9. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, road base approved by the Ada County Highway District, and perimeter fencing is to be in place prior to any building permits being issued. All landscape setback areas are to be constructed prior to issuance of Certificate of Occupancy for any building within the subdivision. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. 10. Please correct the curve table information for C1. 11. The easement for the temporary turnaround shall be dedicated outside of the plat; reference the recordation instrument number on the face of the plat. FP -00-019 ResolutionSub.fp.doc Mayor and City Council September 29, 2000 Page 4 12. S. Red Cloud Avenue is shown adjacent to this subdivision on the southern boundary. E. Blue Tick, in Raven Hill Subdivision, is also adjacent to this subdivision. Either show all adjoining public roadways consistently or remove them from the face of the plat. 13. The Final Plat must be recorded prior to issuance of any building permits or Certificates of Zoning Compliance. FP -00-019 ResolutionSub.fp.doc RECEIVET7y SEP - s 200 EVALUATION SHEET CITyOFMERIDWa ,' RESOLUTION SUBDIVISION N0.1 File No. Proposed Development Name Final XXX Preliminary Stage STREET Date Reviewed 813p12001 this development T below are made by the members of the ADA COUNTY in under direction of the Ada County Engineer) regarding The street name comments a listed NAME CO Street Name Ordinance. accordance with the Ada County The followin existin streets shall a ear on the" Sat' TAGISH WAY" "E. OVERLAND ROAD" "E. CHAROLAIS DR." "S. LOCUST- GROVE ROAD" "E BLUE TICR ST . " "S. RED CLOUD AVE" and shall a ear on the Iat: The followin ro osed street names are a roved "S. MILLENIUM WAY" "E GALA STREET" "S. CELEBRATION AVENUE" agency comments have been read and approved by the following 9 The above street name es to be officially approved. COUNTY STREET NAME COMMITTEE. names of the signatures must e representatives of the ADA COU order NTATIVES OR DESIGNEES secured by the representative or his/her d si Ae 1 NCY REPRhe treet ADA COUNTY STREET NAME COMMI 0/ Date Engineer John Priester _ .0 Ada County 9 Date Community Planning Assn Ashley Jimene Date City of Meridian Cheryl Sable Date Fire District Representative NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed... Subindex Street Index 3N1E20 Section NUMBERING OF LOTS AND BLOCKS 3o /'\ Af 011 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON Wm. F GIGRAY, III STEPHEN L. PRUSS BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F. NICHOLS* TERRENCE R. WHITE** CHRISTOPHER S. NYE *ALSO ADMITTED IN OR "'ALSO ADMITTED IN WA 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Email via Internet @ wfg@wppmg.com October 9, 2000 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE William G. Berg, Jr. I?BcE'vE]D City Clerk 0 C T 1 1 2000 33 East Idaho Street CITY OF MERIDIAN Meridian, Idaho 83642 Re: RESOLUTION BUSINESS PARK FINAL PLAT (FP -00-019) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, With a Certificate of Service in the file and a copy to Planning and Zoning and Public Works. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols msg/Z:\Work\M\Meridian 15360M\Resolution Business Park AZ RZ CUP PP\Clerkl00900FP.Ltr 1 Ada County HighwayDistrict F INTER -OFFICE MEMO Right -of --Way & Development Department April 13, 2001 Planning c& Development Division To: ACHD COMMISSION RECEIVED From: Planning & Development APR 2 0 2001 Subject: Final Plat: RESOLUTION NO. 1 CITY OF MERIDIAN Meeting Date: APRIL 25,2001 FACTS & FINDINGS: 1. RESOLUTION NO. 1 is a 10-4ot Residtm ial and Commercial subdivision on 91.83 -acres. This site is located at the southeast corner of Overland Road and Locust Grove Road. 2. The preliminary plat was approved on May 3, 2000. All conditions of the preliminary plat has been satisfied. RECOMMENDATION: 1. Approve the final plat of RESOLUTION NO. 1 and authorize the President to endorse. SUBMITTED BY: PLANNING & DEVELOPMENT STAFF DATE OF COMMISSION APPROVAL C00 CENTRAL DISTRICT HFALTH 1-1 k DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 (208) 375-5211 • FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 01-0218 February 23, 2001 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE, ID 83702 RE: Resolution Subdivision Dear Mr. Navarro: RECEIVED FEB 2 7 2001 CITY OF MERIDIAN Central District Health Department, Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on February 23, 2001. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call 327-8528. Sincerely, Michael H. Reno Senior Environmental Health Specialist CC: Department of Housing and Urban Development City of Meridian Briggs Engineering G. L. Voigt MR:rlw Ada / Boise County Office 707 N. Armsrong PI, Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office Elmore County Office 1606 Robert St. 520 E. 8th Street N. Boise, ID 83705 Mountain Home, ID 83647 Ph. 334-3355 Enviro. Health: 587-9225 FAX: 334-3355 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1st Street P.O. Box 1448 McCall. ID. 83638 Ph. 634-7194 FAX: 634-2174 SUBDIVISION: Resolution Subdivision BOOK/PAGE: RECORDED DATE: INSTRUMENT #: FOR n MASTER DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS RESOLUTION SUBDIVISION November , 2000 TABLE OF CONTENTS ARTICLE I RECITALS 1 ARTICLE II DECLARATION 2 ARTICLE III DEFINITIONS 3 ARTICLE IV PURPOSE 5 ARTICLE V PERMITTED USES AND PERFORMANCE STANDARDS 6 SECTION 5.01 Use 6 SECTION 5.02 Approval of Use and Plans 6 SECTION 5.03 Prohibited Uses 6 SECTION 5.04 Easements 7 SECTION 5.05 Lighting 7 SECTION 5.06 Grading and Drainage 8 SECTION 5.07 Maintenance 8 SECTION 5.08 Required Set -Backs 9 SECTION 5.9 Landscaping 9 SECTION 5.10 Utilities, Mechanical Equipment and Roof Projections 10 SECTION 5.11 Signs 10 SECTION 5.12 Mining and Drilling 11 SECTION 5.13 Adoption of Rules and Standards 11 SECTION 5.14 Exemption of Grantors 12 ARTICLE VI RESOLUTION BUSINESS PARK PROPERTY OWNERS ASSOCIATION 12 SECTION 6.01 Organization of Association 12 SECTION 6.02 Sub -Associations 12 SECTION 6.03 Relationship Between Association and Sub -Association 13 SECTION 6.04 Members 13 SECTION 6.05 Voting 14 SECTION 6.06 Board of Directors and Officers 14 SECTION 6.07 Powers of Association 14 SECTION 6.08 Duties of Association 16 SECTION 6.09 Budgets and Financial Statements 18 SECTION 6.10 Liability of Board Members and Officers 18 SECTION 6.11 Effective Date 18 ARTICLE VII ASSESSMENTS 18 SECTION 7.01 Covenant to Pay Assessments 18 SECTION 7.02 Regular Assessments 19 SECTION 7.03 Special Assessments 19 SECTION 7.04 Limited Assessments 19 SECTION 7.05 Irrigation Assessments 20 SECTION 7.06 Sub -Association Assessments 20 SECTION 7.07 Set -Up Fee 21 SECTION 7.08 Commencement of Regular Assessments 21 SECTION 7.09 Uniform Rate of Assessment 21 SECTION 7.10 Interest and Penalties 21 SECTION 7.11 Estoppel Certificate 22 ARTICLE VIII ENFORCEMENT OF ASSESSMENTS 22 SECTION 8.01 Right to Enforce22 SECTION 8.02 Creation of Assessment Liens 22 SECTION 8.03 Enforcement 22 SECTION 8.04 Notice Required 23 SECTION 8.05 Non -Exclusive Remedy 23 ARTICLE IX SUB -ASSOCIATIONS 23 SECTION 9.01 Creation 23 SECTION 9.02 Voting 23 SECTION 9.03 Powers and Duties 23 SECTION 9.04 Members 24 ARTICLE X BOOKS AND RECORDS 24 SECTION 10.01 Right of Inspection 24 SECTION 10.02 Rules Re: Inspection 24 SECTION 10.03 Director's Right of Inspection 24 ARTICLE XI ARCHITECTURAL CONTROL COMMITTEE 24 SECTION 11.01 Members of the Committee 24 SECTION 11.02 Appointment 25 SECTION 11.03 Compensation 25 SECTION 11.04 Non -Liability 25 SECTION 11.05 Approval Required 25 SECTION 11.06 Basis of Approval 25 SECTION 11.07 Variances 26 SECTION 11.08 Application 26 SECTION 11.09 Decision 27 SECTION 11.10 Inspection and Complaints 28 SECTION 11.11 Hearing29 SECTION 11.12 Appeal 29 SECTION 11.13 Enforcement 30 SECTION 11.14 Additional Damages 31 SECTION 11.15 Non -Exclusive Remedy 32 SECTION 11.16 Private Rights 32 ARTICLE XII ANNEXATION OF OTHER PROPERTY 32 SECTION 12.01 Annexation 32 ARTICLE XIII MISCELLANEOUS 32 SECTION 13.01 Term 32 SECTION 13.02 Amendment 33 SECTION 13.03 Sewer Covenants 33 SECTION 13.04 Notices 34 2 2 SECTION 13.05 Non -Waiver 34 SECTION 13.06 Acceptance 35 SECTION 13.07 Indemnification of Board Members 35 SECTION 13.08 Not a Partnership 35 SECTION 13.09 Third Party Beneficiary Rights 35 SECTION 13.10 Interpretation 35 SECTION 13.11 Severability 36 EXHIBIT A Legal Description 3 MASTER DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR RESOLUTION SUBDIVISION November _, 2000 ARTICLE I RECITALS WHEREAS, the undersigned (hereafter "Grantors") are the Owners of certain land in Ada County, Idaho more particularly described on "Exhibit A" attached hereto and made a part hereof (hereafter "Property" or "Resolution Subdivision"); WHEREAS, Resolution Business Park, LLC is both the Developer and an Owner (sometimes referred to as "Developer/Owner"). WHEREAS, the Grantors have deemed it desirable for the preservation and enhancement of property values and desirability and attractiveness of Resolution Subdivision to create a development of planned land use, quality design and construction with Common Areas and related facilities and to assure adequate and regular maintenance of Common Areas and facilities and to prohibit uses which will be incompatible or undesirable within Resolution Subdivision, hereafter called "Project Objectives"; WHEREAS, the Grantors intend to develop the property as a technology park containing facilities for a mix of compatible and complimentary uses such as facilities for research, light manufacturing, technology, commercial, multi -family and office, under the name "Resolution Subdivision"; WHEREAS, Resolution Subdivision will be developed for several homogenous uses, each of which may have different characteristics, needs and requirements, the Grantors will, from time to time, promulgate further covenants, conditions, restrictions, easements, reservations, limitations and equitable servitude as "Supplemental Declarations" relating to tracts or parcels of real property within Resolution Subdivision; WHEREAS, the Grantors desire to subject the Property to the covenants, conditions, restrictions, easements, reservations, limitations and equitable servitude herein set forth to ensure the proper design, development, improvement and use of the Property by the Grantors and all other persons or entities who may subsequently acquire an interest in the Property; MASTER DECLARATION - 1 2 ARTICLE II DECLARATION The Grantors hereby declare that the Property described on Exhibit A, and each lot, tract or parcel thereof (hereafter called "Lot," unless specified to the contrary), and any land brought within the coverage hereof in the future by annexation under Article XIII, below, is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following covenants 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 or any Lot therein, and to enhance the value, desirability and attractiveness thereof. The covenants and restrictions set forth herein shall run with the land and each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any Lot therein; shall inure to the benefit of every Lot and any interest therein; and shall inure to the benefit of and be binding upon the Grantors and each Owner, and each successor in interest of each, and may be enforced by the Grantors and any Owner, or by the Association or Sub -Association, as hereafter provided. No provision of this Master Declaration or a Supplemental Declaration shall be construed or enforced to prevent or limit the Grantors' right to complete development of the Property in accordance with the plan therefor as the same exists or may be modified from time to time by the Grantors and as approved by the Architectural Control Committee nor prevent normal construction activities during the construction of Improvement upon any Lot. No development or construction activities shall be deemed to constitute a nuisance or violation of this Master Declaration or a Supplemental Declaration by reason of noise, dust, presence of vehicles or construction machinery, erection of temporary structures, posting of signs or similar activities, provided that the same are actively, efficiently and expeditiously pursued to completion. In the event any dispute concerning the foregoing shall arise, a temporary waiver of the applicable provision(s) of this Master Declaration and/or Supplemental Declaration may be granted by the Architectural Control Committee provided that such waiver shall be for a reasonable period of time. Any such waiver need not be recorded and shall not constitute an amendment of this Master Declaration or any Supplemental Declaration. Any conflict between the provisions of this paragraph and Section 6.17, below, shall be controlled by the latter. MASTER DECLARATION - 2 ARTICLE III DEFINITIONS As used in this Master Declaration, unless the context otherwise specifies or requires, the following words and phrases shall be defined as follows: Architectural Control Committee: The Architectural Control Committee for Resolution Subdivision. (ACC) Assessment: A payment required of Resolution Subdivision Members and the Members of any Sub -Association, including Regular, Special or Limited Assessments as provided in this Master Declaration. Association: Resolution Business Park Property Owners Association, Inc. Board: The duly elected and qualified Board of Directors of the Association. Building: A structure constructed on a Lot on a temporary or permanent basis and unless specified to the contrary, shall include all other appurtenances and improvements thereto or used in connection therewith. adopted. By -Laws: The By -Laws of the Association, including any amendments thereto duly Common Area: All real property within Resolution Subdivision in which the Association or a Sub -Association own an interest or controls and which is held or controlled for the betterment of Resolution Subdivision, including easements. Developer/Owner: Resolution Business Park, LLC. Development: The project to be undertaken by the Grantors resulting in the improvement of Resolution Subdivision, including landscaping, amenities, recreational facilities, roadways, utility services and other improvements. Leisure, LLC. Grantors: Resolution Business Park, LLC; SMC Properties, LLC; and Regimented Improvements: All structures and appurtenances thereto of all kinds and types, including but not limited to, buildings, roads, driveways, parking lots, sidewalks, walkways, walks, fences, screens, landscaping, poles, signs and lighting. Improvements shall not include those items which are located totally on the interior of a Building and cannot be readily observed when outside thereof. Limited Assessment: An Assessment levied by the Association or Sub- Association upon one or more Lots, but not upon all Lots within Resolution Subdivision, for the purpose of securing payment by the Owner(s) thereof of amounts expended by the Association or Sub -Association to correct a condition prohibited or to cure an Owner's breach hereunder. Lot: A portion of land within Resolution Subdivision or which Resolutionesignat d a Subdivision Lot on any recorded subdivision plat relating to of Resolution Subdivision, Master Declaration: This instrument as it may be amended from time to time. MASTER DECLARATION - 3 4 Member: Any person(s) who is an Owner of a Lot within Resolution Subdivision. Mortgage: Any mortgage or deed of trust or other hypothecation of land located in Resolution Subdivision to secure the performance of an obligation. Unless otherwise specifically provided, the reference to a "Mortgage" in this Master Declaration shall be limited to a "first Mortgage" including a "first Deed of Trust," on a Lot in Resolution Subdivision. Occupant: Any person, association, corporation or other entity who or which is an Owner, or has leased, rented, been licensed, or is otherwise legally entitled to occupy and use any Building or Improvement on a Lot whether or not such right is exercised, including their heirs, personal representatives, successors and assigns. Owner: A person or persons or other legal entity or entities, including the Grantors, holding fee simple title to a Lot in Resolution Subdivision, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation, but including any Mortgagee (of any priority) or other security holder provided said Mortgagee or other security holder is in actual possession of a Lot as a result of foreclosure or otherwise, and any person taking title through such Mortgagee or other security holder by purchase at foreclosure sale or otherwise. Plat: A final subdivision plat covering any real property in Resolution Subdivision, as recorded in the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereto. Regular Assessment: An assessment levied by the Association or Sub -Association to provide funds to pay the ordinary estimated expenses of the Association or Sub -Association. Resolution Subdivision: The whole of the land described on Exhibit A. Resolution Business Park Property Owners Association: The Idaho limited liability company organized by the Grantors and comprised of Members and existing for the purpose of providing self-government for Resolution Subdivision. Special Assessment: An assessment levied by the Association or Sub -Association other than a Regular or Limited Assessment. Sub -Association: An Idaho non-profit corporation or unincorporated association organized by the Grantors or by any Owner(s) pursuant to a Supplemental Declaration recorded by the Grantors for any specific tract or parcel within Resolution Subdivision. Sub -Association Board: The duly elected and qualified Board of Directors of a Sub -Association. ARTICLE IV PURPOSE Resolution Subdivision is hereby made subject to the covenants and restrictions contained in this Master Declaration, all of which shall be deemed to be imposed upon and run with the land and each and every Lot and parcel thereof and shall apply to each and every Owner and Occupant thereof and their respective successors in interest, to ensure proper design, development, improvement, use and maintenance of Resolution Subdivision for the purpose of: MASTER DECLARATION - 4 (A) Ensuring Owners and Occupants of Buildings of quality of design, development, improvement, use and maintenance as shall protect and enhance the investment and use of all Lots and Improvements and promote the general welfare of Owners and Occupants and their employees. (B) The prevention of the erection in Resolution Subdivision of Improvements of improper design or construction with improper or unsuitable material or with improper quality and/or method of construction. (C) Encouraging and insuring the erection of high quality and attractive Improvements appropriately located within Resolution Subdivision to assure visual quality and harmonious appearance and function. (D) Securing and maintaining proper set -backs from streets in Resolution Subdivision and ensure adequate free spaces between Improvements. facilities. (E) Ensuring adequate off-street parking, loading, maneuvering and circulation (F) Ensuring attractive landscaping and landscape screening of parking and loading facilities and the conservation of existing natural features with minimum adverse impact on the ecosystem. (G) Provide recreational facilities to encourage and promote activities for the health, relaxation and entertainment of Owners and Occupants and their employees. (II) Establish a legal entity owned and controlled by the Grantors and the Owners to assure perpetual maintenance of Common Areas and compliance with the terms of this Master Declaration. ARTICLE V PERMITTED USES AND PERFORMANCE STANDARDS SECTION 5.01 Use. Lots shall be used only for light industrial, light manufacturing, technology, research, commercial and office purposes and such other uses as the Architectural Control Committee shall, in its discretion, allow, provided that no such other use so allowed shall conflict with or be incompatible with the above specifically identified uses. Commercial, financial, retail and service uses (hereafter "Commercial Uses") such as child day care, banking, restaurant, conferencing, medical, legal and similar uses which support and compliment the Project Objectives shall be allowed. All uses shall be in accordance with applicable zoning ordinances and approvals. SECTION 5.02 Approval of Use and Plans . No Improvements shall be built, constructed, erected, placed or materially altered within Resolution Subdivision unless and until the intended use thereof and the plans, specifications and site plan therefor have been reviewed in advance and approved by the Architectural Control Committee in accordance with the provisions of Article XI, below. SECTION 5.03 Prohibited Uses . Uses not allowed within Resolution Subdivision shall be single-family residential, public storage, recycling, automobile service and repair and other uses prohibited by the applicable provision of the Meridian City Zoning Ordinances, as the same now exist or may hereafter be amended, provided that any future amendments do not permit uses which are inconsistent or incompatible with the Project Objectives. No noxious or offensive trades, services or activities shall be conducted on any Lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the Occupant(s) of any other Lot(s) MASTER DECLARATION - 5 within Resolution Subdivision by reason or unsightliness or the excessive emission of fumes, odors, glare, vibration, gases, radiation, dust, liquid waste, smoke or noise. SECTION 5.04 Easements . There is hereby reserved for the use and benefit of the Grantors and granted for the use and benefit of each Lot, and for the use and benefit of each Owner and Occupant, and for the use and benefit of the Association, and their successors and assigns for the purposes incident to such use, development and maintenance of Resolution Subdivision, the following easements: (A) For the installation and maintenance of public utility facilities of all kinds, including radio and television and transmission cables, the easements so designated on the recorded subdivision plat(s) for Resolution Subdivision. (B) For access to any Common Area as designated on the recorded subdivision plat(s) for Resolution Subdivision, including any equipment or appurtenances used in connection therewith, including any Common Area as may be constructed by the Grantors or the Association within Resolution Subdivision for drainage, irrigation, flood protection, recreation or amenity purposes. (C) Temporary easements, as necessary, for the purpose of permitting the Grantors or the Association, their contractors and agents, to enter onto those portion of lots contiguous to any Common Area to maintain, replace and restore landscaping and other Improvements within the Common Area. (D) Temporary easements, as necessary, for the benefit of an Owner of a Lot to enter onto the side yards of the abutting Lots during the construction of Improvements, provided that any repairs or restoration of an abutting Lot or the Improvements thereon shall be the obligation of the Owner utilizing the easement. The easement areas (excluding any equipment or appurtenances owned by the Grantors, the Association or a utility company located thereon) herein reserved shall be maintained by the Owner of the Lot upon which they are situated. Except Common Area landscape easements which shall be maintained by the Association. No improvements shall be placed or permitted to remain on such easement areas located within any Lot which shall interfere with the intended use or purpose of such easement(s), and no other activity shall be undertaken on any Lot which may interfere with the use and access intended to be provided by such easement or the installation or maintenance of the utilities or other facilities, if any, located thereon or therein. SECTION 5.05 Lighting. Exterior lighting and interior lights reflecting outside shall not be placed in any manner which shall cause glare or excessive light spillage on a neighboring Lot(s). All free-standing exterior lights shall be installed in accordance with the landscape plan approved by the Architectural Control Committee pursuant to Article XII, below. SECTION 5.06 Grading and Drainage. A site plan indicating the proposed grading and drainage of a Lot must be approved by the Architectural Control Committee before any construction is initiated. Lot grading shall be kept to a minimum and Buildings are to be located for preservation of the existing grade(s) and any grade(s), berms or swales should be an integral part of the grading design. Subject to the requirements of any governmental entity having jurisdiction thereof, water may drain or flow into adjacent streets but shall not be allowed to drain or flow upon, across or under adjoining Lots or Common Areas, unless an express written easement for such purpose exists. SECTION 5.07 Maintenance. The following provisions shall govern the maintenance of Lots and all Improvements thereon: MASTER DECLARATION - 6 7 (A) Each Owner of a Lot shall maintain all Improvements located thereon in good and sufficient repair and shall keep the Improvements thereon painted, lawns cut, shrubbery trimmed, windows glazed, rubbish and debris removed, weeds cut and otherwise maintain the same in a neat and aesthetically pleasing condition. Pending the construction of Improvements, each Owner shall keep the Lot in a neat condition and shall not permit an unreasonable accumulation of rubbish and debris and shall keep weeds cut. (B) In the event all or any portion of the Improvements on a Lot are (i) damaged or destroyed by fire or other casualty, or (ii) taken or damaged as a result of the exercise of the power of eminent domain or any transfer in lieu thereof, the Owner of the Lot on which such Improvements are located shall promptly restore the Improvements, or the remaining portion thereof, to an architectural whole in accordance with plans approved in accordance with Article XII, below, or raze the remaining portion of such Improvements. In any event, the Owner shall remove the damaged portion of such Improvements together with all rubble and debris related thereto. All portions of a Lot on which Improvements are razed shall be graded by the Owner in such manner as to not adversely affect the drainage within Resolution Subdivision and shall cover such graded portions of the Lot with a one inch (1") asphalt dust cap and/or a lawn or approved ground cover, which shall thereafter be properly maintained, and shall keep such portions clean and free from debris, all at the Owner's sole cost and expense. (C) A Building which is vacant for any reason shall be kept locked and the windows glazed in order to prevent entrance by vandals. Vacant Buildings and unimproved Lots shall not be exempt from the provisions of this Master Declaration or a Supplemental Declaration. (D) All structures, facilities, equipment, objects and conditions determined by the Architectural Control Committee, in its sole discretion reasonably exercised, to be offensive, shall be enclosed within a structure approved by the Architectural Control Committee or appropriately screened from public view. All trash, debris, garbage and refuse shall be kept at all times in a covered container and all such containers shall be kept on a Lot within an enclosed structure or screened from public view. (E) Except as reasonably required during construction or maintenance of Improvements, no articles, goods, machinery, material or similar items shall be stored, kept or maintained on a Lot in the required set -back area along a public right-of-way or otherwise kept in the open or exposed to public view. (F) No loading dock shall be constructed on a Lot facing any street, public or private, within Resolution Subdivision unless such loading dock and every part thereof is at least one hundred feet (100) inside the right-of-way line of the street on which such loading dock fronts unless otherwise approved by ACC. All loading areas and loading docks on a Lot shall be screened from public view from any street within Resolution Subdivision. (G) Owners and Occupants of a Lot shall not permit their employees to park during business hours on the streets, whether public or private, within Resolution Subdivision. It will be the responsibility of each Owner and Occupant, or other person(s) holding under them, to provide adequate off-street parking for employees and visitors on their Lot. All such off-street parking areas shall be paved, striped, landscaped and lighted in accordance with the Design Standards and the requirements of the governmental entities having jurisdiction thereof. SECTION 5.08 Required Set -Backs - Non -Commercial . The City of Meridian zoning ordinances will govern the minimum setbacks, but the re uired setbacks for a particular Lot shall be determined and governed by the Architectural Control Committee. SECTION 5.09 Landscaping. All areas of a Lot not covered by a building, parking lot areas, roadways and sidewalks shall be landscaped in accordance with the following provisions: (A) The Owner shall prepare a landscape plan and submit the same to the Architectural Control Committee as provided in Section 11.08(c) below. The approval of the Architectural Control MASTER DECLARATION - 7 Committee shall be obtained prior to the installation and/or construction of any landscaping on a Lot. The landscaping of a lot shall be in accordance with the approved landscape plan. (B) All landscaping shall be irrigated by an automatic underground sprinkler system. ing shall be timely properly maintained and any dead trees) lawn, bushes or other plsantings shall be pro ptlydremoved and replacedin a first class condition (D) The provisions of the Design Standards relating to landscaping and the maintenance thereof shall also be complied with in the planting, installation and maintenance of the landscaping on a Lot. The landscaping required by the approved landscape plan shall be planted, installed and/or constructed within three (3) months after the issuance of a certificate of occupancy for the building, with a reasonable extension allowed because of weather. SECTION 5.10 Utilities, Mechanical Equipment and Roof Projections. All utility lines, of whatever kind, shall be underground. Pad -mounted transformers, switch gear and similar equipment which must be installed above ground shall be screened with suitable landscaping consistent with safety and other regulations of the utility company installing such equipment. All mechanical equipment servicing a Building shall be located or screened so as not to be visible to the general public from any street within Resolution Subdivision. Penthouses and mechanical equipment screen walls shall be of such design and materials which are compatible with those of the Building. Antennae shall be visually masked to the extent practicable and consistent with electromagnetic considerations. SECTION 5.11 Signs . The location, type, size, design and material of any sign installed within Resolution Subdivision shall be first approved by the Architectural Control Committee and shall be in compliance with the applicable sign ordinances of Meridian City, Idaho. Commercial Use; (A) The following signs and no others are allowed on a Lot not used for a (i) premises. Public necessity signs identifying danger or hazard on or near the (ii) On -premise business signs directing attention to use, product or service conducted on the Lot on which the sign is located. than industrial or commercial. (iii) Identification signs indicating the nature of a Building or uses other (iv) Service signs providing information to the public, such as directions to Parking facilities, restrictions on parking and similar information. Committee. (v) Other signs as may be approved by the Architectural Control (B) The following additional requirements shall apply to signs for non- Commercial Uses within Resolution Subdivision: Lot. No roof signs shall be permitted) shall All signs Building be placed on a wall of a Freeanding signss located on a Lo hall notexceed eighfree-standing f et (8') Free-standing n height, MASTER DECLARATION - 8 and wall signs shall not exceed eighteen percent (18%) of the total exterior wall area, up to a maximum sign area of 75 square feet. Property line of a Lot, with the except on of anoidentifi identification signted for Resolution fifteencloser than bdivi ion15') from any front blinking or fluctuating.(iii) A sign may be illuminated but no sign shall be moving, flashing, (iv) Where a u business identification signs shall bestandardi ed. TheBuilding standards musin rbusinessy more than one (1) 1 include shape, color and size which shall be limited to fifty (50) square feet per Occupant, except that if one Occupant occupies a disproportionate greater portion of the Building, such Occupant may make a separate submittal for a sign approval, in which case the size, type and location for the predominant tenant sign shall conform to the requirements herein for an individual sign. (v) Where four (4) or more business entities occupy the same Building or group of Buildings on a Lot under common ownership, a maximum of two (2) approved free-standing directory service signs shall be allowed in addition to the on -premise business signs. The size of a free-standing directory sign shall be limited to an area of ten (10) square feet plus two (2) square feet for each business entity occupying the Building provided, however, that the total area of a directory sign shall not exceed seventy-five (75) square feet. (C) Signs on a Lot used for a Commercial Use shall be subject to such restrictions and limitations as shall be imposed by the Architectural Control Committee and shall be in accordance with the applicable ordinances of Meridian City governing signs. SECTION 5.12 Mining and Drilling. No Lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, steam, oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth; provided that the Grantors or the Association may, by permit, grant, license or easement, allow the drilling for and the extraction or water for use within Resolution Subdivision. SECTION 5.13 Adoption of Rules and Standards. The Architectural Control Committee shall have the power to promulgate rules and standards relating to the planning, construction, alteration, modification, removal or destruction of Improvements within Resolution Subdivision deemed necessary or desirable by the Architectural Control Committee to carry out the purposes of this Master Declaration. All such rules and standards shall be consistent with the provisions of this Master Declaration. If rules and standards are adopted by the Architectural Control Committee, they shall not apply retroactively to approvals previously granted by the Architectural Control Committee or to Improvements constructed or being constructed pursuant thereto. SECTION 5.14 Exemption of Grantors. Nothing herein contained shall limit the right of the Grantors to subdivide or re -subdivide any Lot or portion of Resolution Subdivision owned or controlled by the Grantors or to grant licenses, reservations, rights-of-way or easements with respect to Common Areas to utility companies, public agencies or others; or to complete excavation, grading and Development to or on any Lot or other portion of Resolution Subdivision owned or controlled by the Grantors; or to alter the foregoing and its Development plans and designs, or construct additional improvements as the Grantors deem advisable in the course of Development of Resolution Subdivision. This Master Declaration shall not limit the right of the Grantors at any time prior to acquisition of title to a Lot by an Owner to establish on that Lot additional licenses, restrictions, reservations, rights-of-way and easements to itself, to utility companies and to others, as may from time to time be reasonably necessary. The Grantors need not seek or obtain Architectural Control Committee approval of any Improvements constructed or placed within Resolution Subdivision by the Grantors in connection with the Development of Resolution Subdivision, but this exemption shall not apply to Building(s) constructed by the Grantors on a Lot owned by the Grantors. MASTER DECLARATION - 9 10 ARTICLE VI RESOLUTION BUSINESS PARK PROPERTY OWNERS ASSOCIATION, INC. SECTION 6.01 Organization of Association. Resolution Business Park Property Owners Association, Inc. shall be organized by the Grantors as an Idaho non-profit corporation and shall be charged with the duties and vested with the powers prescribed by law and set forth in its Articles of Incorporation, its By -Laws and this Master Declaration. Neither said Articles nor said By -Laws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Master Declaration. SECTION 6.02 Sub -Associations . Until completion of the Development of Resolution Subdivision, the Grantors shall have the sole and absolute right to create one or more Sub -Associations for the purposes not inconsistent with this Master Declaration including, but not limited to, the following which shall be provided for in a Supplemental Declaration: (A) Acquire and improve any Lot, tract, parcel or portion of Resolution Subdivision. (B) Promulgate rules and regulations governing Common Area, if any, owned by or under the control of the Sub -Association. (C) Determine the services, in addition to those furnished by the Association, which are to be furnished to or for the benefit of the Members of the Sub -Association. (D) Assess and certify to the Association for collection Regular, Special and Limited Assessments required to meet the estimated cash needs of the Sub -Association. The Articles of Incorporation, By -Laws, rules, regulations and the Supplemental Declaration relating to a Sub -Association shall not be inconsistent with the terms and provisions of this Master Declaration and any inconsistency shall be governed by this Master Declaration. Unless consented to in writing by the Grantors, after completion of Development of Resolution Subdivision, Sub -Associations may be formed by any Owner or group of Owners with the approval of the Board and by satisfying all necessary legal requirements including, but not limited to the preparation, execution and recording of a Supplemental Declaration. Except as provided in to the contrary in this Master Declaration or unless specifically provided to the contrary in the Supplemental Declaration relating to a Sub- Association, the provisions of this Article shall be applicable to and shall regulate each Sub - Association. SECTION 6.03 Relationship Between Association and Sub -Association . It is the purpose and intent of the provisions of this Master Declaration that the Association shall be charged with and responsible for the management of all activities in Resolution Subdivision including, in addition to all other duties and responsibilities set forth in this Master Declaration, the following: (A) The approval of all rules and regulations of each Sub -Association and providing of assistance to a Sub -Association in the enforcement thereof. (B) The levy and collection of assessments of each Sub -Association which have been certified by the Sub -Association Board to the Association. Nothing herein contained shall restrict or prohibit a Sub -Association from owning, in its own name, Common Area and facilities located thereon and other property related thereto, the use of which shall be restricted to Members of the Sub -Association. However, it is the intent of this Master Declaration that any such Common Area owned by a Sub -Association, the use and maintenance thereof and the activities of the Sub -Association, shall be consistent with MASTER DECLARATION - 10 11 and in furtherance of the Project Objectives and the terms and provisions of this Master Declaration to assure that the whole of Resolution Subdivision is developed, approved and maintained as a first quality Development. SECTION 6.04 Members. Each Owner (including the Grantors) of a Lot by virtue of its being such an Owner and for so long as such ownership is maintained shall be a member of Resolution Business Park Property Owners Association, Inc., and no Owner shall have more than one membership in said Association, but shall have such voting rights as hereafter set forth. A membership in the Association shall not be assignable, except to the successor -in -interest of the Owner and a membership in the Association shall be appurtenant to and inseparable from the Lot owned by such Owner. A membership in the Association shall not be transferred, pledged, or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to said Lot. Any attempt to make a prohibited transfer of a membership shall be void and shall not be reflected on the books of the Association. SECTION 6.05 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 Grantors. The number any Member may cast on any issue is determined by the square footage number of Building Lots which the Member, including Grantors, 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 square footage. For voting purposes, the Association shall have two (2) classes of Members as described below. 6.05.1 Class A Members. Owners other than Developer/Owner shall be known as Class A Members. Each Class A Member shall be entitled to cast one (1) vote for each square foot in Building Lot owned by such Class A Member on the day of the vote. 6.05.2 Class B Members. The Developer/Owner shall be known as the Class B Member, and shall be entitled to twenty-five (25) votes for each square foot in each Building Lot of which Developer/Owner 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. 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 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. SECTION 6.06 Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles and By -Laws, as the same may be amended from time -to -time. SECTION 6.07 Powers of Association. The Association shall have all powers of a non-profit corporation organized under the laws of the State of Idaho subject only to such limitations as are expressly set forth in the Articles, the By -Laws or this Master Declaration. It shall have the power to do any and all lawful things which may be organized, required or permitted to be done under the Articles, By -Laws or this Master Declaration, and to do and perform any and all acts which may be necessary or proper for, or incident to, the proper management and operation of the Common Areas and the performance of other responsibilities including, but not limited to, the following: MASTER DECLARATION - 11 12 (A) Assessments. The power to levy Regular, Special and Limited Assessments on the Owners and/or Lots and to enforce payment thereof in accordance with the provision of this Master Declaration. (B) 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(s) who consents thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Articles, By -Laws or this Master Declaration, and to enforce by mandatory injunction or otherwise, all provisions thereof. (C) 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. (D) Association Rules. The power to adopt, amend, and repeal such rules and regulations as the Association deems reasonable. Such rules shall govern the use by Owners and Occupants or any other person of Common Area and other property owned or controlled by the Association; provided, however, Association rules shall not discriminate among Owners and shall not be inconsistent with the Articles, By -Laws or this Master Declaration. A copy of Association rules as they may from time -to -time be adopted, amended, or repealed, shall be mailed or otherwise delivered to each Owner and Occupant. Upon such mailings said Association rules shall have the same force and effect as if they were set forth in and were part of this Master Declaration. In the event of any conflict between an Association rule or any provision of the Articles, By -Laws or this Master Declaration, the conflicting provision of the Association rules shall be deemed superseded to the extent of any such inconsistency. (E) Emergency Powers. The right to enter onto any Lot or into any Building or other structure on a Lot 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 of which it is responsible. Such entry shall be made with as little inconvenience to the Occupants as practicable and any damage caused thereby shall be repaired by the Association unless said entry was necessitated by a condition caused by the Owner or Occupant. (F) Licenses, Easements and Rights -of -Way. The power to grant and convey to any third party such licenses, easements and rights-of-way in, on, through or under the Common Areas as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment thereof and for the preservation of health, safety, convenience and welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: (i) Underground lines, cables, wires, conduits and other devices for the transmission of any utility or other service. (ii) Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes. (iii) Any similar public or quasi -public improvements or facilities. (G) Fiscal Year. The right to elect a fiscal year for the Association instead of a calender year for budget, assessment and accounting purposes. SECTION 6.08 Duties of Association . In addition to the powers delegated to it by the Articles, By -Laws and this Master Declaration, without limiting the generality thereof; the Association or its authorized agents, if any, shall have the obligation to conduct all business affairs of common interest to all Owners and to perform each of the following duties: (A) Operation and Maintenance of Common Areas. Perform, or provide for the performance of; the operation, maintenance and management of the Common Areas, including the repair and MASTER DECLARATION - 12 13 replacement of property or Improvements thereon damaged or destroyed by casualty loss and all other property owned by the Association. (B) Taxes and Assessments. Pay all real and personal property taxes and assessments separately levied against the Common Areas owned by the Association or against the Association and/or any property owned by the Association. Such taxes and assessments may be contested or compromised by the Association; provided, however, that they are paid or a bond insuring payment is posted prior to the sale or the disposition of any property to satisfy the payment of such taxes. In addition, the Association shall pay all other taxes, federal, state or local, including income or corporate taxes, levied against the Association in the event that the Association is denied the status of a tax exempt corporation. (C) Water and Other Utilities. Acquire, provide and/or pay for water, sewer, refuse collection, electrical, telephone, gas and other necessary services for the Common Areas owned by the Association. (D) Identification Signs. Maintain, repair and replace all permanent entry and special identification signs for Resolution Subdivision whether the same be located within or outside of the boundaries of Resolution Subdivision. (E) Insurance. Obtain, from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies of insurance: (i) Fire insurance, including those risks embraced by coverage of the type now known as the broad form "All Risk" or special extended coverage endorsement on a blanket agreement amount basis for the full insurable replacement value of all improvements, equipment, fixtures, and other property located within the Common Areas owned by the Association, including such equipment, fixtures and other property not located in the Common Areas, if the same are used or necessary for the use of the Common Areas or easement areas under the control of the Association. (ii) Comprehensive public liability insurance insuring the Association, the Board, officers, the Grantors and the individual Owners, and agents and employees of each of the foregoing, against any liability incident to the ownership and/or use of the Common Areas owned by the Association or easement areas under the control of the Association. The limits of liability of such coverage shall be as determined by the Board. (iii) Full coverage directors' and officers' liability insurance in an amount determined by the Board. (iv) Such other insurance, including workmen's with all applicable laws, and indemnity compensation insurance to the extent necessary to comply faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association's functions or to insure the Association against any loss from malfeasance or dishonesty of any person charged with the management or possession of any Association funds or other property. (v) The Association shall be deemed a trustee of the interest of all Owners in any insurance proceeds paid to it under such policies, and shall have frill power to receive such proceeds and to deal therewith. (vi) Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Association. (F) Rule Making. Make, establish, promulgate, amend and repeal Association rules. MASTER DECLARATION - 13 14 (G) Architectural Control Committee. Appoint and remove members of the Architectural Control Committee, all subject to the provision of this Master Declaration. (II) Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Master Declaration, as may be reasonably necessary to enforce any of the provisions of this Master Declaration, the Association rules and any rules and standards adopted by the Architectural Control Committee pursuant to Section 5.16, above. SECTION 6.09 Budgets and Financial Statements. Financial statements for the Association shall be regularly prepared and copies distributed to each member as follows: (A) A pro forma operating statement (budget) for each fiscal year shall be distributed not less than sixty (60) days after the beginning of each fiscal year. (B) Within ninety (90) days after the close of each fiscal year, the Association, or its agent, shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the Association's fiscal year and an annual operating statement reflecting the income and expenditures of the Association for that fiscal year. SECTION 6.10 Liability of Board Members and Officers. Neither any member of the Board nor any officers of the Association shall be personally liable to any Owner Member or to any other party, for any damage, loss or prejudice suffered or claimed on account of any act or omission of the Association, the Board, an officer, a manager or any other representative or employee of the Association, or the Architectural Control Committee, provided that said Board member, officer, manager or other person has, upon the basis of such information as was available, acted in good faith without willful or intentional misconduct. SECTION 6.11 Effective Date . The provision of this Article VII shall become operative at the time the Grantors create Resolution Business Park Property Owners Association, Inc., and conveys to said Association fee simple title to any Common Area within Resolution Subdivision. Until the effective date, the Grantors shall have the right to exercise all of the powers of the Association set forth in this Master Declaration. ARTICLE VII ASSESSMENTS SECTION 7.01 Covenant to Pay Assessments. Each Owner hereby and by acceptance of a deed to a Lot, covenants and agrees to pay the following: (A) All Regular, Special and Limited Assessments or charges made by the Association of which the Owner is a Member; and (B) All Regular, Special and Limited Assessments or charges made by a Sub -Association of which the Owner is a Member. All such Assessments, 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 Lot against which each such Assessment is made, and shall be also the personal obligation of the Owner of such Lot at the time when the Assessment became due and payable. The personal obligation for delinquent Assessments shall not pass to an Owner's successors in title unless expressly assumed by them, but the lien shall not be affected by a conveyance of title. No Owner may waive or otherwise avoid liability for any Assessment by non-use of the Common Areas or by abandonment of his Lot. MASTER DECLARATION - 14 15 SECTION 7.02 Regular Assessments. Regular Assessments shall be made by the Association at time and intervals deemed appropriate by the Board. The Regular Assessments shall be based upon advance estimates of cash requirements as determined by the Board for the maintenance and operation of the Common Areas and all easement areas, if any, controlled by the Association and for the performance by the Association of its other duties and responsibilities. Such estimates may include, but shall not be limited to, expenses of management, taxes and special assessments of local governmental units, premiums for all insurance which the Association is required or permitted to maintain hereunder, landscaping and care of grounds, lighting, water charges, trash collection, sewerage charges, repair and maintenance, legal and accounting fees, and any deficit remaining from previous periods and the creation of a reserve, surplus and/or sinking fund(s). SECTION 7.03 Special Assessments. In addition to Regular Assessments, the Association may levy at any time a Special Assessment payable over such period as the Board may deem appropriate for the following purposes: (A) To defray, in whole or in part, the cost of any construction or reconstruction of improvements on a Common Area, unexpected repair or replacement of a Common Area or any facility located thereon or an easement area controlled by the Association, the furnishing of a special service or services (other than those appropriate for a Limited Assessment), or for any other expenses incurred or to be incurred as provided in this Master Declaration. (B) The cure a deficit in the common and ordinary expenses of the Association for which Regular Assessments for a given calendar or fiscal year are or will be inadequate to pay, as determined by the Board. SECTION 7.04 Limited Assessments . In addition to Regular and Special Assessments, Owners shall pay Limited Assessments as follows: (A) Maintenance and Repair. The Association shall have the power to incur expenses for maintenance and repair of any Lot or any Improvements on a Lot. If such maintenance and repair is necessary, in the opinion of the Board, to protect the Common Area or any other portion of Resolution Subdivision, and if the Owner of said Lot has failed or refused to perform said maintenance or repair within a reasonable time after written notice of the necessity thereof has been delivered by the Board to said Owner. The Board shall levy a Limited Assessment against the Owner of the Lot owned by said Owner to pay for the cost of such maintenance and repair, and any other cost or expense, including attorneys' fees, arising out of or incident to such maintenance and repair and the Assessment therefor. (B) Correction of Violations. In addition to maintenance and repair, the Board, upon certification for the Architectural Control Committee of the failure or refusal of an Owner to correct a violation of this Master Declaration or the rules and standards adopted by the Architectural Control Committee, if any, shall have the power to correct any such violation on a Lot or any improvement on a Lot, and incur costs necessary in connection therewith. The cost of such corrective action, together with interest, related expenses and attorneys' fees shall be assessed and collected as set forth in Article VIII of this Master Declaration. (C) Limited Purpose. The Association shall have the power to levy a Limited Assessment against Owners and Lots for any limited special purpose which the Board believes necessary with respect to certain Lots but not an appropriate expense for payment by the Association. Such Limited Assessment shall not be made until the Owners of said Lots subject thereto have been given an opportunity, after notice, to participate in a hearing conducted by the Board with respect to said Limited Assessment. SECTION 7.05 Irrigation Assessments. Resolution Business Park, LLC shall provide an irrigation system for the benefit of all common areas within the "Property". Lot Owners shall be required to pay a pro -rated assessment based on their lot area to the overall "Property" area to Resolution Business Park, LLC for MASTER DECLARATION - 15 16 initial installation and construction. All maintenance and operation costs associated with the common areas and irrigation system shall be considered a part of their regular assessments. SECTION 7.06 Sub -Association Assessments. Any Sub -Association of Resolution Subdivision is hereby empowered to assess and certify for levy and collection by the Association, Regular, Special and Limited Assessments on the Lots and Owners thereof who are members of said Sub -Association. The certification of levy by a Sub -Association and the collection thereof by the Association shall be as follows: (A) The Sub -Association Board shall, following its By-laws, rules and regulations, meet and approve a Regular, Special or Limited Assessment. (B) A written certification signed by the President and Secretary of the Sub -Association that a Regular, Special or Limited Assessment has been approved by the Sub -Association Board shall be submitted to the Board. The certification shall contain the following; (i) a description of the type of Assessment to be levied and collected; (ii) the name and address of the Owner and the legal description of each Lot to be assessed; (iii) the amount to be levied and collected from each Owner; and (iv) the term of said levy and the due dates for the payment thereof by the Owners affected. The due dates may be adjusted by the Board to effect conformity to the due dates of the Assessments of the Association for the purpose of achieving efficiency and economy in preparing and mailing statements and notices, collection, etc.; provided, however, that the due date as adjusted may not be more than forty-five (45) days before or after the due date certified by the Sub -Association. (C) Upon compliance with the foregoing, the Board shall levy the Assessment so certified in accordance with the terms of the certification in the same manner as levies for Assessments of the Association. Any levy made by the Association on behalf of a Sub -Association pursuant to a proper certification shall have the same force and effect as a levy made by the Association and shall, for all purposes hereunder, be deemed to be an Assessment of the Association and enforceable as such. (D) The Association, upon receipt of any funds paid pursuant to a levy certified by a Sub -Association, shall deposit such funds as received in the separate account of the Sub -Association, as designated by the Sub -Association. SECTION 7.07 Set -Up Fee. At Lot closing, each owner shall pay to the Association a set-up fee equal to $0.02 per each square foot in the lot. SECTION 7.08 Commencement of Regular Assessments . Regular Assessments of the Association against each Lot within each separately platted phase or subdivision within Resolution Subdivision shall be assessed an annual assessment in an amount to be set by the board. The assessment shall be assessed on March 1 of each year and shall be fully due and payable on April 1 of each year. The board shall set the assessment based upon a budget approved by the membership for annual operation of the business park and common area. SECTION 7.09 Uniform Rate of Assessment. Except as expressly provided to the contrary in this Master Declaration, Regular and Special Assessments of the Association shall be fixed for each Lot based on the square footage of land within each Lot, subject to the right of the Association to make equitable adjustments based on the density of the development, the nature and intensity of the use and such other criteria as shall be appropriate. SECTION 7.10 Interest and Penalties. Any Regular, Special or Limited Assessment levied by the Association on Lots within Resolution Subdivision, if not paid, shall bear interest at an annual rate as shall be set by the Board from time to time. Such interest shall commence on the date the Assessment becomes due and payable. In addition to the interest charge the Board may, in accordance with rules and regulations promulgated by it, impose additional fines or charges for the failure of an Owner to timely pay any Assessment when due. The right MASTER DECLARATION -16 17 of the Board to charge interest or impose additional fines or charges shall be in addition to, and not in lieu of, any other right of enforcement or sanction available to the Board in the event of non-payment of an Assessment. SECTION 7.11 Estoppel Certificate. The Association, upon not less than 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 a particular Owner is in default under the provisions of this Master Declaration and, further, stating the dates to which Assessments have been paid by said Owner. It is intended that any such certificate delivered pursuant to this Section may be relied upon by any prospective purchaser or mortgagee of said Lot but reliance on such certificate may not extend to any default not within the actual knowledge of the Association. The Association shall have the right to charge a reasonable fee for the certification herein provided. ARTICLE VIII ENFORCEMENT OF ASSESSMENTS SECTION 8.01 Right to Enforce . The right to collect and enforce payment of the Assessments made by the Association (including the Assessments made and certified by a Sub -Association) is vested in the Association. Each Owner of a lot hereby agrees to the enforcement of the payment of all Assessments in the manner herein provided. In the event an attorney is employed for the collection of an Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of any of the terms and conditions of this Master Declaration, the Owner against whom such enforcement is sought shall pay reasonable attorneys' fees in connection therewith. SECTION 8.02 Creation of Assessment Liens. There is hereby created a continuing claim of lien with power of sale on each and every Lot to secure payment of any and all Assessments levied against any and all Lots in Resolution Subdivision pursuant to this Master Declaration of any Supplemental Declaration, together with interest thereon and all costs of collection which may be paid or incurred by the Association in connection therewith, including reasonable attorneys' fees. Said lien shall be prior and superior to all other liens or claims created subsequent to the recordation of this Master Declaration except only for: (i) valid tax and special assessment liens on Lots in favor of any governmental unit assessing authority; (ii) a lien for all sums unpaid and secured by a first Mortgage or first Deed of Trust, duly recorded in Ada County, Idaho, including all unpaid obligatory advances to be made pursuant thereto: and (iii) labor or materialman's liens, if the same are prior by reason of applicable law. All other lien holders acquiring liens on any Lot after recordation of this Master Declaration shall be deemed to consent that such liens shall be inferior liens to the lien for Assessments levied by the Association (including those certified by a Sub- Association), whether or not such consent be specifically set forth in the instruments creating such other liens. SECTION 8.03 Enforcement . Upon the failure of an Owner to pay an Assessment in accordance with its terms, the lien for Assessments herein created may be enforced by sale by the Association, such sale to be conducted in the manner provided by law in Idaho for the exercise of the power of sale in Deeds of Trust or in any other manner permitted by law elected by the Board. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, including all reasonable attorneys' fees. All such costs and expenses shall be secured by the lien being foreclosed. The Owner shall also be required to pay to the Association any Assessments against the lot which shall become due during the period of foreclosure. The Association shall have the right and power to bid at the foreclosure sale or other legal sale and to acquire and thereafter hold, convey, lease, rent, encumber, use and otherwise deal with and in said Lot as the Owner thereof. SECTION 8.04 Notice Required . Notwithstanding anything to the contrary contained in this Master Declaration, no action may be brought to foreclose the lien for any Assessment, whether by power of sale or otherwise, until the expiration of thirty (30) days after written Notice of Default has been either (i) personally served on the Owner, or (ii) deposited in the United States mail, certified or registered mail, postage prepaid, return receipt requested, addressed to the Owner of the Lot described in such Notice at the last known address of the Owner as MASTER DECLARATION - 17 18 shown on the books and records of the Association. Said Notice shall specify the amount and due date of the unpaid Assessments(s) and the legal description of the Lot. SECTION 8.05 Non -Exclusive Remedy . The remedies set forth in this Article or elsewhere in this Master Declaration shall not be deemed to be an exclusive remedy and the Association may pursue all other remedies available at law or in equity. ARTICLE IX SUB -ASSOCIATIONS SECTION 9.01 Creation . The Grantors shall have the right to create Sub- Associations as Idaho non-profit corporations. Each such Sub -Association shall have all powers, rights, obligations, responsibilities and duties and be subject to all of the same limitations and restrictions as are specified in this Master Declaration with respect to the Association, except for such differences, requirements or limitations as are expressly set out in this Master Declaration and/or the applicable Supplemental Declaration and such changes as the Grantors may deem appropriate as a result of the different and specific Common Areas being owned, maintained and managed by such Sub -Associations, which changes shall be set forth in a Supplemental Declaration. SECTION 9.02 Voting. Each Sub -Association shall have voting membership and the voting rights as specified for the Association in Section 6.05 above. SECTION 9.03 Powers and Duties . Each Sub -Association shall be managed by a Board of Directors and officers in the same manner as specified in Section 6.06, above, for the Association and shall have the same powers and duties with respect to its Members and the Common Areas and facilities located thereon owned, managed or maintained by it, including any easement areas controlled by it, said powers and duties to include the levying of Assessments and certification thereof to the Association for collection, adopting rules and regulations, granting easements, licenses and rights-of-way, payment of expenses, taxes, assessments, utility charges, insurance premiums and the preparation and distribution of budgets and financial statements as are provided in Article VII, above. SECTION 9.04 Members . The Members of each Sub -Association shall be the Owners of Lots in the portion or phase of Resolution Subdivision described in the Supplemental Declaration relating thereto. Memberships may only be transferred in the same manner as specified in Section 5.04, above. ARTICLE X BOOKS AND RECORDS SECTION 10.01 Right of Inspection. All books, records and minutes of the Board and a Sub -Association Board and all other books and records maintained by an Association or a Sub -Association shall be made available for inspection and copying by any Owner who is a Member thereof or by his duly authorized representative, at any reasonable time and for a purpose reasonably related to his interest as a Member in such Association or Sub -Association or at such other place and time as the Board or Sub -Association Board shall prescribe. SECTION 10.02 Rules Re: Inspection . The Board and each Sub- Association Board shall establish reasonable rules with respect to (i) notice to be given to the custodian of the records by the persons desiring to make an inspection or copy the same; (ii) hours and days of the week when such inspection and copying may be made; and (iii) payment of the cost of reproducing copies of documents requested pursuant to this Article. SECTION 10.03 Director's Right of Inspection . Every member of the Board or a Sub -Association Board shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association or the Sub -Association of which he is a director and the physical properties owned or MASTER DECLARATION - 18 19 controlled by the same. The right of inspection by a director includes the right to make extracts and copies of any said books, records or documents. ARTICLE XI ARCHITECTURAL CONTROL COMMITTEE SECTION 11.01 Members of the Committee. The Architectural Control Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the Architectural Control Committee shall hold office until he has resigned or has been removed, but in any event, until said Member's successor has been appointed. Members of the Architectural Control Committee may be removed at any time, with or without cause. SECTION 11.02 Appointment . So long as the Developer/Owner owns any of the Lots or parcels within Resolution Subdivision, the Developer/Owner shall have the sole right to appoint and remove all members of the Architectural Control Committee. Thereafter, all members of the Architectural Control Committee shall be appointed or removed by the Board. The Architectural Control Committee shall have the right by a resolution in writing unanimously adopted, to designate one (1) of its members to take any action or perform any duties for and on behalf of the Architectural Control Committee. In the absence of such designation, the vote of any two (2) members of the Architectural Control Committee shall constitute an act of the Architectural Control Committee. SECTION 11.03 Compensation. The members of the Architectural Control Committee shall be entitled to reasonable compensation from the Association for services rendered, together with reimbursement for expenses incurred by them in the performance of their duties hereunder, said compensation to be determined by the Board. SECTION 11.04 Non -Liability . Neither the Architectural Control Committee, or any member thereof, or the Grantors or any partner, officer, employee, agent, successor or assign thereof, shall be liable to the Association, any Owner or any other person for any loss, damage or injury arising out of or connected with the performance by the Architectural Control Committee of its duties and responsibilities by reason of a mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve an application. Every person who submits an application to the Architectural Control Committee for approval of plans and specifications agrees, by submission of such an application, and every Owner or Occupant of any Lot agrees, by acquiring title thereof or an interest therein, not to bring any action or suit against the Association, the Architectural Control Committee, or any member thereof; to recover such damages. SECTION 11.05 Approval Required. No construction, alteration, modification, removal or destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated or be permitted to continue or exist within Resolution Subdivision without the prior express written approval of the Architectural Control Committee. SECTION 11.06 Basis of Approval . Approval by the Architectural Control Committee shall be based, among other things, on the adequacy of the Lot dimensions; conformity and harmony of external design with neighboring Improvements; the effect of location and use of Improvements on neighboring Lots, operations and uses; the relationship of the topography, grade, finished ground elevation and landscaping of the Lot being improved to that of neighboring Lots; proper facing of the main elevation with respect to nearby streets; the relation of floor elevations to flood elevations as defined by government entities; the advancement of the Project Objectives; and the conformity of the plans and specifications to the purpose and general plan and intent of this Master Declaration, Design Standards and applicable rules and standards, if any, adopted by the Architectural Control Committee. The Architectural Control Committee shall not arbitrarily or unreasonably withhold or delay its approval. MASTER DECLARATION - 19 20 SECTION 11.07 Variances. The Architectural Control Committee may authorize variances from compliance with the requirements of any conditions and restrictions contained in this Master Declaration, Design Standards, rules and standards, if any, adopted by the Architectural Control Committee, or any prior approval when, in the sole discretion of the Architectural Control Committee, circumstances such as topography, natural obstructions, aesthetics or environmental considerations or hardship may so require. Such variances must be evidenced in a writing signed by at least two (2) members of the Architectural Control Committee. If a variance is granted as provided herein, no violation of this Master Declaration, Design Standards, the rules and standards adopted by the Architectural Control Committee or the prior approval 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 Master Declaration, Design Standards or the rules and standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. The Architectural Control Committee shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. SECTION 11.08 Application . To request Architectural Control Committee approval for the construction, alteration, modification, removal or demolition of any Improvements within Resolution Subdivision, the Owner shall submit a written application in a form required by the Architectural Control Committee which must be signed by the Owner and contain all information requested and be accompanied by all other material to be submitted as hereafter provided. All applications must contain, or have submitted therewith, the following material (collectively called "plans and specifications") prepared in accordance with acceptable architectural standards and submitted with the application form, if any, approved by the Architectural Control Committee: (A) Site Plan. A site plan showing the location of the Building(s) and all other structures and Improvements including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the Improvements. (B) Building Plan. A building plan which shall consist of preliminary or final footprint for the Building(s), elevation drawings of the north, south, east and west sides, and detailed exterior specifications which shall indicate, by sample if required by the Architectural Control Committee, all exterior colors, materials and finishes, including roof; to be used. (C) Landscape Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berming and mounding, grading, drainage sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. The Architectural Control Committee may, in its discretion, require the Owner to furnish additional specifications, drawings, material samples or such other information as the Architectural Control Committee, in its sole discretion, reasonably exercised, shall deem necessary or convenient for the purpose of assisting the Architectural Control Committee in reviewing and processing the application. The Architectural Control Committee shall have the right to require an Owner submitting an application for approval of plans and specifications to pay a fee at the time the application is submitted, the amount of such fee to be based upon the reasonable and actual expenses of the Architectural Control Committee in reviewing and processing the application. The Architectural Control Committee shall not be obligated to commence the review and processing of an application until such fee, if required is paid. MASTER DECLARATION - 20 21 SECTION 11.09 Decision . In reviewing the application and the materials submitted therewith and in reaching a decision thereon, the Architectural Control Committee shall use its best efforts and judgment to assure that all Improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance and be of the quality required to maintain Resolution Subdivision as a first class Development. Unless extended by mutual consent of the Owner and the Architectural Control Committee, the Architectural Control Committee shall render its decision with respect to an application within thirty (30) days after the receipt of a properly submitted application and the processing fee, if any. The decision of the Architectural Control Committee can be in the form of an approval, a conditional approval or denial. The decision of the Architectural Control Committee shall be in writing, signed by member(s) of the Architectural Control Committee making the decision, dated, and a copy thereof mailed to the Owner at the address shown on the application. A conditional approval shall set forth with particularity the conditions upon which the application is approved and the Owner shall be required to affix a copy of said conditions to the working drawings or blueprints which are to be kept on the job site during the entire course of the work to which said plans relate. A denial of an application shall state with particularity the reasons for such denial. If the Architectural Control Committee fails to either approve or disapprove an application (including resubmission of a disapproved application which has been revised by the Owner) within forty-five (45) days after the application has been received by the Architectural Control Committee, it shall conclusively be presumed that said application has been approved subject, however, to the restrictions set forth in Sections 5.01, 5.03, 5.04,5.05, 5.06 and 5.15 of this Master Declaration. The specification of the foregoing sections shall not relieve or lease the Owner from the obligation to otherwise comply with all of the provisions of this Master Declaration, with the exception that the application approved by inaction shall be deemed to satisfy the requirements of this Article XII, requiring the submission and approval of an application prior to commencing construction. Provided, however, if within the initial forty-five (45) day period, the Architectural Control Committee gives written notice to the Owner (or other person submitting the application) to the effect that an additional forty-five (45) day period is required for review and action on the application, the initial period for approval shall be extended by an additional forty-five (45) days. If, after the expiration of the extended period, the Architectural Control Committee fails to approve or disapprove an application, then it shall be conclusively deemed approved as heretofore provided. SECTION 11.10Inspection and Complaints. The Architectural Control Committee is empowered to inspect all work in progress on any Lot within Resolution Subdivision at any time. Such inspection shall be for the purpose of determining whether the Owner is proceeding in accordance with the approved application or is deviating therefrom or is violating this Master Declaration. Design Standards, the rules and standards adopted by the Architectural Control Committee, if any, or the approved plans and specifications. The Architectural Control Committee is empowered to receive from other Owners ("Complainant") complaints in writing involving deviations from approved applications or violations of this Master Declaration, Design Standards or any applicable rules and standards. In the event the Architectural Control Committee receives such complaint from a Complainant, it shall first determine the validity of such complaint by inspection or otherwise. Should the Architectural Control Committee determine that there has been a deviation or a violation, it shall promptly issue a notice in writing thereof to the Owner and to the Complainant, which notice shall specify the particulars of the deviation or violation and shall demand that the Owner conform to either or both of the following directives: violation. (A) The Owner shall immediately cease the activity which constitutes a deviation or (B) The Owner shall adhere to the corrective measures set forth in the written notice. MASTER DECLARATION - 21 22 Should the Architectural Control Committee determine there has been no deviation or violation, it shall promptly issue a notice of such determination to the Owner and the Complainant. SECTION 11.11 Hearing. An Owner submitting an application under Section 11.08, above, or served with a written notice of deviation or violation, or a Complainant shall have the right to request and be heard at a hearing held by the Architectural Control Committee for the purpose of presenting facts and information to the Architectural Control Committee. Such hearing must be requested by such party within ten (10) days from the date the written notice of the decision of the Architectural Control Committee is mailed to the Owner (and Complainant) as evidenced by the records of the Architectural Control Committee. The hearing shall be held within ten (10) days following receipt by the Architectural Control Committee of the request for a hearing, unless the Architectural Control Committee shall extend said period of time because of the unavailability of Architectural Control Committee members. A hearing may be continued by the Architectural Control Committee for the purpose of further investigation or to receive additional evidence. Upon completion of the hearing, the Architectural Control Committee shall issue a written opinion to the involved parties within ten (10) business days thereafter which opinion shall Set forth the findings of the Architectural Control Committee with respect to the matters at issue and shall affirm, modify or rescind its previous decision as contained in the original written notice. If the Architectural Control Committee incurs any costs or expenses in connection with the investigation, processing or hearing on a matter involving a deviation or violation, including the costs of retaining a consultant(s) to advise the Architectural Control Committee and legal fees, such costs shall be paid by the Complainant unless an Owner is found to be in violation, in which event such Owner shall pay all such costs. The payment of such costs shall be enforceable as provided in Section 11. 13, below. SECTION 11.12 Appeal . Either an Owner or a Complainant shall have the right to appeal to the Board a decision of the Architectural Control Committee on an application with respect to the conditions imposed thereon or a denial thereof; or a decision of the Architectural Control Committee adverse to the Owner or the Complainant reached following a hearing held pursuant to Section 11. 11, above, provided, however, that neither an Owner nor a Complainant shall be entitled to such an appeal with respect to deviations or violations unless said Owner or Complainant has participated in the Architectural Control Committee hearing. A notice of appeal shall be in writing and shall be delivered by mall to the Secretary of the Association within ten (10) days from the date of the decision by the Architectural Control Committee. The notice of appeal shall be dated and shall contain the name of the Owner and the Complainant, if any, and a copy of the written decision or determination of the Architectural Control Committee. The failure of an Owner or Complainant to appeal a decision of the Architectural Control Committee in the manner and within the time herein provided shall terminate all rights of said Owner or Complainant to appeal the decision and it shall be binding and enforceable. The Board shall fix a date for the hearing of such an appeal which date shall be no later than ten (10) days from the date of receipt of a notice of appeal unless extended by the Board because of the unavailability of Board members. The Owner and Complainant, if any, shall be advised of the time and place of the hearing by a mailed written notice. Written notice of time and place for hearing shall also be served by mail upon each member of the Architectural Control Committee. The Board may require the Owner or Complainant to provide additional information to facilitate the Board's decision and the failure of such party to comply promptly with such a request shall entitle the Board to deny the appeal, in which event the decision by the Architectural Control Committee shall be considered final and not subject to further appeal. At the hearing the Owner, Complainant, if any, and the Architectural Control Committee, together with their representatives and other witnesses, shall present their position to the Board. The order of presentation and the evidence to be admitted shall be solely within the discretion of the Board provided, however, that the Owner, the Complainant, if any, and the Architectural Control Committee shall have the opportunity to question and cross-examine witnesses presented by the other. The Owner, the Complainant, if any, and the Architectural Control MASTER DECLARATION - 22 23 Committee will have the opportunity to present final argument consistent with rules adopted by the Board for such hearing process. Any party may be represented by an attorney at any hearing by the Architectural Control Committee or the Board. Upon receiving all of the evidence oral and documentary, and following the conclusion of the hearing, the Board shall retire to deliberate and shall reconvene at a time and place determined by the Board, at which time the Board shall cast its official ballot and the decision shall be duly recorded in the minutes of the meeting. The Owner, the Complainant, if any, and the Architectural Control Committee members shall be given written notice of the decision which shall be deemed given when deposited in the United States mail, postage prepaid and properly addressed. If the Board incurs any costs or expenses in connection with the investigation, processing or hearing on an appeal, including the costs of retaining a consultant(s) to advise the Board and legal fees, such costs shall be paid by the party(s) filing the appeal unless the decision by the Board constitutes a substantial reversal of the decision of the Architectural Control Committee, in which event such costs shall be paid by the Association. If the party filing the appeal is obligated to pay such costs, payment of the same shall be enforceable as provided in Section 11. 13, below. A decision of the Board of an appeal shall be final and shall not be subject to reconsideration or further appeal. SECTION 11.13 Enforcement. Either the Association or the Architectural Control Committee, upon approval by the Board, shall be authorized on behalf and in the name of the Association to commence such legal or equitable proceedings as are determined by it to be necessary or proper to correct or enjoin any activity or condition existing within Resolution Subdivision, the continuation of which violates the provisions of this Master Declaration, Design Standards, rules and standards adopted by the Architectural Control Committee, if any, or the approved plans and specifications. An Owner shall be deemed to be in default of this Master Declaration only upon the expiration of thirty (30) days after receipt of a written notice from the Architectural Control Committee specifying, with particularity, the alleged deviations or violations, unless such Owner, prior to the expiration of said thirty (30) days, has rectified the matters specified in said Notice of Default. However, such Owner shall not be deemed to be in default if such failure cannot be rectified within said thirty (30) day period, if such Owner is using good faith and its best efforts to rectify the matters specified in the Notice of Default. The authority of the Association and the Architectural Control Committee as herein provided shall include the power to retain legal counsel and expert witnesses, pay filing fees, deposition costs, witness fees and all other ordinary and necessary expenses incurred in commencing and carrying out said legal or equitable proceedings, all of which costs shall be paid by the Association. In the event the Architectural Control Committee and/or Association shall prevail in any such legal or equitable proceedings, all costs and expenses incurred in connection therewith including, but not limited to, attorneys' fees shall be reimbursed to the Association by the Owner against whom said proceedings are filed and upon the failure of said Owner to reimburse the Association within five (5) days after written demand therefor is mailed to the Owner, the Association shall have the right to levy a Limited Assessment against the Owner and the lot within Resolution Subdivision owned by the Owner which Assessment shall be equal to the amount of such costs and expenses incurred plus any additional costs and expenses incurred in levying the Assessment. Said Limited Assessment shall be due and payable at such time or in such installments as may be determined by the Board, in its sole discretion. The failure of the Owner to pay said assessments, or any installment thereof when due, shall be enforceable in the manner provided in Article IX, above. MASTER DECLARATION - 23 24 SECTION 11.14 Additional Damages. In addition to the costs and expenses to be reimbursed by the Owner or the Complainant, all other costs, expenses and damages determined by the Board to be proximately caused by the deviation or violation or the costs and expenses incurred by the Association to correct the same shall be assessed as a Limited Assessment against the Owner and the Lot owned by said Owner, or the Complainant and the Lot owned by the Complainant, as the case may be, which Limited Assessment shall be due and payable at such time or in such installments as determined by the Board, in its sole discretion The right of the Board to enforce said Limited Assessment shall be the same as provided in Article IX, above. SECTION 11.15 Non -Exclusive Remedy. The right of the Association to levy a Limited Assessment as described in Section 11.13 and 11.14, above, shall not be deemed to be the exclusive remedy of the Association and it may, in its sole discretion, without waiver of any other legal or equitable remedy, pursue enforcement of the lien of the Limited Assessment(s) proceed to collect any amount due directly from the Owner and/or pursue any other remedies available at law or in equity. Nothing in this Master Declaration shall prohibit an Owner from pursuing legal or equitable proceedings against any other Owner for a violation of this Master Declaration. SECTION 11.16 Private Rights. The Association shall not have the right to mediate or litigate private disputes between Owners where there is a legal or equitable remedy available to resolve said dispute when, in the sole discretion of the Board, the interest of the Association or a substantial number of the Owners would not be benefitted thereby. ARTICLE XH ANNEXATION OF OTHER PROPERTY SECTION 12.01 Annexation . Additional property may be annexed to Resolution Subdivision and brought within the provisions of this Master Declaration by the Grantors, their successors or assigns, at any time, and from time to time, without the approval of any Owner of the Association so long as the high quality of the Development intended for Resolution Subdivision and the Project Objectives are not materially adversely affected. As such annexed property is developed, Grantors shall record a Supplemental Declaration with respect thereto which shall annex such property to Resolution Subdivision and which may supplement this Master Declaration with additional or different covenants, conditions restrictions, reservations and easements as the Grantors may deem appropriate therefor and may delete or modify as to such annexed property such covenants, conditions restrictions, reservations and easements as are contained herein which the Grantors deem not appropriate for the annexed property, so long as the said quality of the Development and Project Objectives are not materially adversely affected. The Board shall have the right to annex additional property to Resolution Subdivision upon the approval by vote or written consent of a majority of all Members entitled to vote. ARTICLE XIII MISCELLANEOUS SECTION 13.01 Term . The Master Declaration and all covenants and restrictions contained herein shall run until December 31, 2030, unless amended as hereafter provided. After December 31, 2030, this Master Declaration shall be automatically extended for successive period of ten (10) years each, unless extinguished by a written instrument executed by the Owners of at last three-fourths (3/4) of the Lots in Resolution Subdivision and such written instrument is recorded with the Ada County Recorder. SECTION 13.02 Amendment. This Master Declaration may be amended as follows: MASTER DECLARATION - 24 25 (A) By Owners. Except where a greater percentage is required by an express provision in this Master Declaration, the provisions of this Master Declaration, other than this Section, may be amended by an instrument in writing, signed and acknowledged by the President and Secretary of the Association. certifying that such amendment has been approved by a vote or written consent of Owners, including the Grantors owning at least fifty-one percent (51%) of the Lots within Resolution Subdivision and such amendment shall be effective upon its recordation with the Ada County Recorder. Any amendment to this Section 13.02 shall require the vote or written consent of all Owners. No amendment to this Master Declaration shall apply retroactively to approvals previously granted by the Architectural Control Committee or to Improvements constructed or being constructed pursuant thereto. SECTION 13.03 Sewer Covenants . The following covenants shall run with each Lot in Resolution Subdivision and any portion of the Common Area affected thereby and shall be binding upon each Owner of a lot and all occupants of any Improvements constructed on a Lot; (A) No Lot may be used or occupied for any allowed use unless the same is connected to the public sewerage collection system constructed and installed within Resolution Subdivision. (B) All sewer hook-up fees charged by the municipality having jurisdiction and control over the Lot shall be paid by the Owner at the time of construction of the Improvements thereon and the connection thereof to the public sewerage collection system, said sewer hook-up fees to be paid at such time and in such amount as shall be required by the ordinances and regulations of the municipal entity having jurisdiction thereof. (C) A monthly sewerage charge shall be paid to the municipal entity having jurisdiction thereof, or its designee, after connection to the public sewerage collection system in accordance with the ordinances and regulations of said municipal entity. (D) All sewer service lines connected to the sewerage collection system constructed and installed by the Grantors in Resolution Subdivision shall be constructed in accordance with all applicable codes and regulations and shall be inspected as required by the governmental entity having jurisdiction thereof to assure a minimum of infiltration from said service line into the sewerage collection system. (E) The Grantors shall provide access, satisfactory to the Meridian City Public Works Department, for City Sewer cleaning equipment to all sanitary sewer manholes located outside of public right-of-way and an accessible means of traversing over said sewer easement to said manholes shall be shown on the face of the final subdivision plat for each phase of Resolution Subdivision. (F) The Grantors and each Owner of a lot within Resolution Subdivision hereby authorizes the municipal entity having jurisdiction thereof; or its designee, to bring any action it deems necessary or required for the collection of any fees or charges due said municipal entity for sewer service connected or monthly sewer charges and/or to otherwise enforce any of the obligations respecting the connection to the public sewerage collection system or use thereof as provided in this Section. (G) The recording of a subdivision plat by the Grantors covering a portion of Resolution Subdivision shall be deemed and construed as a request for the annexation by the municipal entity legally entitled to annex such property, of any property covered by said plat no then within the municipal boundaries of Meridian City, Idaho. This request for annexation shall be binding upon all subsequent purchasers or Owners of said property covered by such request. SECTION 13.04 Notices . All notices given pursuant to this Master Declaration shall be in writing and shall be given by personal delivery, by United States Mail, or by United States Express Mail or other established express or courier delivery service (such as Federal Express), postage or delivery charge prepaid, return MASTER DECLARATION - 25 Er1 receipt requested, addressed to the person and address designated below, or in the absence of such designation, to the person and address shown on the then current real property tax rolls of Ada County. All notices to the Grantors shall be sent as follows: Resolution Subdivision 6223 N. Discovery Way Boise, ID 83713 Any person entitled to notice hereunder may change its address at any time by giving written notice to all other parties entitled to notice in the manner specified herein. SECTION 13.05 Non -Waiver. The failure of the Grantors, the Board or any Owner in any one or more instances to insist upon the strict performance of any of the covenants and restrictions or other provisions of this Master Declaration or to exercise any right or option contained herein, or to serve any notice or to institute any action, shall not be construed as a waiver or relinquishment for the future of such covenants, conditions, restrictions, easements or other provisions, but the same shall remain in full force and effect. SECTION 13.06 Acceptance . Each Owner of a Lot, each purchaser of a Lot under a contract or agreement of sale and each holder of an option to purchase a Lot, by accepting a deed, contract of sale or agreement or option, accepts the same subject to all of the covenants and restrictions and other provisions set forth in this Master Declaration and agrees to be bound by the same. SECTION 13.07Indemnification of Board Members. Each member of the Board and each member of the Architectural Control Committee shall be indemnified by the Owners against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which said member may be a party or in which said member may become involved, by reason of being or having been a member of the Board or the Architectural Control Committee, or any settlement thereof; whether or not said person is a member of the Board or Architectural Control Committee at the time such expenses or liabilities are incurred, except in such cases wherein said person is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties; provided that in the event of settlement, the indemnification shall apply only when the Board or the Architectural Control Committee approves such settlement and reimbursement as being in the best interest of the Association or Owners. This Section shall extend to and apply also for the indemnification of the Grantors during the initial period of operation of the Association or prior thereof during the period the Grantors are exercising the powers of the Association. SECTION 13.08 Not a Partnership . The provisions of this Master Declaration are not intended to create, nor shall they be in any way interpreted or construed to create a joint venture, partnership or any other similar relationship between the Owners, including the Grantors. SECTION 13.09 Third Party Beneficiary Rights. This Master Declaration is not intended to create nor shall it in any way be interpreted or construed to create, any third party beneficiary rights in any person not an Owner or an Occupant, unless otherwise expressly provided herein. SECTION 13.10 Interpretation . The provision of this Master Declaration shall be liberally construed to effectuate the purpose set forth in Article V, above, and shall be construed and governed by the laws of the State of Idaho. Unless the context requires a contrary construction, the singular shall include the plural and the Plural the singular; and the masculine, feminine or neuter shall include the masculine, feminine or neuter. All captions and titles used in this Master Declaration are intended solely for convenience or reference and shall not affect that which is set forth in any of the provisions hereof. MASTER DECLARATION - 26 27 SECTION 13.11 Severability . Notwithstanding the provision of the preceding Section, each of the provisions hereof shall be deemed independent and severable and the invalidity or unenforceabiltiy of any provision or portion thereof shall not affect the validity or enforceability of any other provision. GRANTORS: Resolution Business Park, LLC by Gary Voigt, Managing Member SMC Properties, LLC By Randy Lee Fulmer, Managing Member Regimented Leisure, LLC By Lee B. Smith, Managing Member DEVELOPER/OWNER: Resolution Business Park, LLC By: MASTER DECLARATION - 27 EXHIBIT A Legal Description [EXCLUDE SCHOOL SITE] MASTER DECLARATION - 28 28 FP -H -WY IZ ,UEST FOR SUBDIVISION APPRO _,,L FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Resolution Business Park 2. General Location: NW'/a Section 20, T. 3N., R. lE 3. Owners of record: G. L. Voigt, Overland LLC & Joint School District No. 2 Address: P. O. Box 2044, Idaho Falls, Idaho , Zip 83403 Telephone (208)524-6000 4. Applicant: G. L. Voigt Address: P. O. Box 2044, Idaho Falls, Idaho , Zip 83403 Telephone (208)524-6000 5. Engineer, Kathy Stroschein Firm Briggs Engineering, Inc. Address, 1800 W. Overland Road, Boise, ID Zip 83705 Telephone 344-9700 6. Name and address to receive City billings - Name: G. L. Voigt Address P. O. Box 2044, Idaho Falls, Idaho 83403 Telephone (208)524-6000 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 91.83 2. Number of building lots: 10 3. Number of other lots: 1 4. Gross density per acre: .16 5. Net density per acre: .18 6. Zoning Classification(s): L -O & R-4 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the plat border a potential green belt? No 9. Have recreational easements been provided for? No 10. Are there proposed recreational amenities to the City? No Explain 11. Are there proposed dedications of common areas? No Explain 4.2 Acres in southeast corner of orip-inal nroperty was deeded to Citv for a future nark For future parks? N/A Explain 010 MSUBAPPL-MER-final (1) 12. What school(s) ser the area? Mary McPherson do you propose any agreements for future school sites? No Explain 54.99 Acres is a Meridian High School Site (Lot 5 Block 1) (owned by Joint School District No 2) 13. Are there any other proposed amenities to the City? No , Explain 14. Type of Building (Residential, Commercial, Industrial or combination): Commercial/ office/Multi Family (Lot 6, Block 1) 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): Apartments/200 Units 16. Proposed Development features: a. Minimum square footage of lot(s): 38.879 b. Minimum square footage of structure(s): Varies for multi -family, office & retail C. Are garages provided for? Yes Square footage: 200 — 400 ± SF d. Has landscaping been provided for: Yes Describe (35') Landscaping_ adioining Overland Road and (20') adjoining Millennium Way e. Will trees be provided for? Yes Will trees be maintained ? Yes f. Are sprinkler systems provided for? Yes g. Are there multiple units ? Yes Type: Apartments (20 buildings) Remarks: (1) Lot will accommodate the multi -family h. Are there special set back requirements ? No Explain: i. Has off street parking been provided for ? Yes Explain: Parking lots and garages within the apartment complex j. Value range of property: N/A k. Type of financing for development: Conventional 1. Were protective covenants submitted? Yes , Date: Submitted with final plat 17. Does the proposal land lock other property? No Does it create Enclaves? No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet 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. 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. 0 10 1 \SUBAPPL-MER-final (2) STATEMENT OF COMPLIANCE RESOLUTION BUSINESS PARK (FINAL PLAT) 1. The proposed internal transportation facility will be public streets. Pedestrian facilities will be provided with 5' sidewalks. The internal public streets will be constructed with a 40 foot (back of curb to back of curb) street section which compiles with ACHD Standards. Ada County Highway District will require 5 -foot wide detached concrete sidewalks along Overland. 2. The two parcels (Voigt and Overland LLC) are designated mixed planned use development. The Meridian School District parcel is designated single-family residential. A request for annexation and rezone was submitted on the Voigt and Overland LLC. The subdivision application is part of a planned development and is consistent with the Comprehensive Plan. 3. The property will be served by the Five -Mile Creek sewer trunk line which is under construction. Therefore, sewer service will be available to the property. A 12 -inch water main is currently located in Overland Road and will require an extension of a 10 -inch water line to the Meridian School District Lot. 4. The final plat is in compliance with the approved preliminary plat and complies with all standards set forth in the Meridian Zoning Ordinance. 5. All existing easements are shown on the final plat. 6. Received street name approval from Street Name Committee January 13,2000. 7. The final plat was prepared in accordance with acceptable engineering, architectural and surveying practices and local standards. 0101\statmnt of compl-final CITU' OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: Resolution Subdivision ENGINEER: Kathy Stroschein P.E BRIGGS ENGINEERING INC 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 Thirty (30) copies of written application for approval as stipulated by the Council Attached Proof of current ownership of the real property 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 Attached A statement of conformance with all requirements and provisions of this Ordinance Attached A statement of conformance with acceptable engineering, architectural and surveying practices and local standards Attached Street name approval letter from Ada County Attached 7` Four (4) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements Attached /8. Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1" = 300"). Include subdivision and street names, lot and block numbers pDly Attached 0101\Resolution FINCKLST.sra FINAL SUBDIVISION PLAT CHECKLIST Page 2 Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name Yes b. Year of platting Yes C. Sectional location of plat - County Yes d. North arrowYes e. Scale of plat (not smaller than 1" _409� Yes f. Streets and alleys with widths and bearings Yes g. Street names Yes h. Consecutive numbering of all lots in each block, and each block lettered or numbered Yes i. Each and all lengths of the boundaries of each lot including curve table Yes j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table Yes k. Descriptions of survey monuments Yes I. 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 Yes m. Easements Yes n. Basis of bearings Yes o. Pertinent notes for easements, restrictions, designations, etc. Yes p. Land Surveyor - signed seal Yes q. Land Surveyor business name - City location Yes r. Legend of symbols Yes s. Minimum residential house size N/A t. Adjacent platted subdivision names Yes Fee Paid - 1t Lots @ $10.00/Lot $110.00 11. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council N/A 0101\Resolution FINCKLST.sra FINAL SUBDIVISION PLAT CHECKLIST Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles, Planning & Zoning Administrator Gary D. Smith, P.E., City Engineer ACCEPTANCE DATE: ADDITIONAL INFORMATION NORMALLY REQUIRED BY THE CITY OF MERIDIAN: 1. SQUARE FOOTAGE OF LOTS (8 Y2 x 11 SHEET) GROUND WATER REPORT - - ATTACHED TO PLANS 0101\Resolution FINCKLST.sra DEVELOPMENT AGREEMENT (IF AVAILABLE) CC&R's (IF AVAILABLE) A. XIATED EARTH SCIENCES INC BIOLOGY • GEOLOGY • ENGINEERING • SOIL SURVEYS • SOIL AND WATER QUALITY RESOURCE PLANNING AND SITE INVESTIGATIONS 4696 Overland Rd., Suite 516 Boise, Idaho 83705 208 336-8661 December 17, 1999 Attn: Vern Wartman G. L. Voigt Development Co. 1900 E. Jennie Lee Idaho Falls, ID 83403 Dear Vern: A soil investigation was made on the Millennium Subdivision located in the NWNW of Section 29, T.3N., R.IE., B.M., Ada County, Idaho. The purpose of the investigation was to determine soil physical properties and soil internal drainage conditions in areas where storm drainage facilities may be installed. Three backhoe test pits were excavated and described in the areas of potential storm drains. Soil texture, soil colors (as indicators of internal soil drainage), permeability of identified layers, restrictive soil layers (cemented hardpan, clay content, compacted layers), plant rooting depth, and presence or absence of free water (water table) were all considered in this study. Detailed field notes and a map showing approximate location of test holes are attached. Monitoring wells (perforated 4" PVC pipes) were installed in each test hole to monitor the seasonal groundwater depths during the 2000 irrigation season. The groundwater depths, if any occurs, should be measured and recorded every 10 days from about April 1, 2000 — August 31, 2000. If no ground water appears in the wells by July 1, 2000, monitoring could be discontinued. All three test holes were dry at the time of excavation and there were no mottles or gleyed colors (oxidation and/or reduction colors caused by fluctuating groundwater). I don't anticipate high groundwater in the test hole areas, but monitoring the wells will confirm it. See the attached field notes for detail on soil physical properties. If you have any questions about this report, please call me at (208) 672-9213. Sincerely, .--� W r,:� A -Z -— Glen H. Logan Certified Professional Soil Scientist cc: Attn: Becky Bowcutt cc: Vern Wartman Briggs Engineering, Inc. 2450 S. Five Mile 1800 W. Overland Road Boise, ID 83709 Boise, ID 83705 AES Soil Evaluation Evaluation Date 12 16 99 Requested By Briggs Engineering for G L Voigt Development Co Address City Idaho Falls State Idaho Zip Code 83403 Phone (208)890-8818 Lot Size — Bedrooms — Parcel — Legal Description Part of NWNW of Section 29, T.3N R lE B M Ada County, Idaho .�'1 nn,- n -i Z V T nrnn Additional Info: TH 1 - No free water (water table) to 144" depth. No gleyed or mottled colors indicating high water table. TH2 - No free water (water table) to 165" depth. No gleyed or mottled colors. TH3 - No free water (water table) to 165" depth. No gleyed or mottled colors. Pit TH 1 Pit TH2 Pit TH3 0-8" Silt loam (20-25% 0-9" Silt loam (20% 0-8" Silt loam (25+% clay), l OYR 3/4, many clay), IOYR 3/4, clay), l OYR 3/4, fine roots, estimated many fine roots, many fine roots, permeability 2"/hr. estimated estimated permeability 2"/hr. permeability 1-2"/hr. 8-21" Loamy fine sand (5% clay), weakly cemented 9-21" Silt loam (25% 8-30" Silt loam (25% clay), and very compact, clay), lOYR 3/6, 10YR 4/4, common I OYR 4/6, common common fine roots, fine roots, estimated fine roots, estimated estimated permeability 2"/hr. permeability .5"/hr. permeability 1-2"/hr. 30-65" Indurated hardpan, 21-65" Indurated hardpan, fractured, few fine fractured, few fine 21-32" Silt loam (20% roots in upper 3", roots in upper 6", clay), IOYR 5/4, estimated estimated permeability few fine roots, permeability <.2"/hr. <.2"/lu. estimated permeability 2"/hr. 65-110" Loamy medium sand 65-82" Fine sandy loam (10- (<5% clay), compact, 15% clay), IOYR 3/4, 32-69" Indurated hardpan, no roots, estimated no roots, estimated fractured, few fine permeability .5"/hr. permeability 5"/hr. roots in upper 4", estimated 110-122" Gravelly loamy 82-118" Very gravelly coarse permeability medium sand (5% sand (<5% clay), <.2"/hr. clay), very compact, variegated color, no variegated color, no roots, estimated 69-108" Very fine sandy roots, estimated permeability 15+"/hr, loam (10-15% permeability .5"/hr. clay), 10YR 5/6, no 118-144" Fine sandy loam roots, estimated 122-165" Extremely gravelly (15-20% clay), very permeability 4"/hr. fine sand, variegated compact, IOYR 5/4, no color, no roots, roots, estimated 108-128" Loamy fine sand estimated permeability <.2"/hr. (5-10% clay), very permeability 20+"/hr. compact and weakly cemented, 10YR 5/4, no roots, estimated permeability <.2 "/hr. 128-165" Extremely gravelly fine sand (<5% clay), variegated color, no roots, estimated permeability 20+"/hr. Additional Info: TH 1 - No free water (water table) to 144" depth. No gleyed or mottled colors indicating high water table. TH2 - No free water (water table) to 165" depth. No gleyed or mottled colors. TH3 - No free water (water table) to 165" depth. No gleyed or mottled colors. C ADA COUNTY - DEVELOPMENT SERVICES PHONE: (208) 364-2277 650 MAIN STREET, BOISE, IDAHO 83702 FAX: (208) 364-2406 BUILDING ENGINEERING PLANNING ZONING January 3, 2000 Becky Bowcutt Briggs Engineering Inc 1800 W Overland Road Boise ID 83705-3142 RE: Subdivision Name Reservation - RESOLUTION SUBDIVISION Dear Becky: At your request I will reserve the name "RESOLUTION SUBDIVISION" for you to use for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, / ` John E. Priester, P.E.L.S. `/ County Engineer JP/Jp SUBDIVISION EVALUATION SHEET Proposed Development Name Resolution Subdivision File # Date Reviewed 1/11/00 Preliminary Stage XX Final Engineer/Developer Briggs Engineering Becky Bowcut 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 streets are existing and the names shall appear on the plat: `OVERLAND RD." and "S LOCUST GROVE RD.- The D " The following street names are approved for this development and shall be placed on the reserved list: "S. MILLENNIUM WAY" "S. CELEBRATION AVE." "E. GALA ST." "E. Y2K LANE" and S. RESOLUTION LANE" 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/AGENGY ROXESENTATIVES OR DESIGNEES Ada County Engineer John Priester�LO!Z Date / -/ 3 —00 Community Planning Assoc. Sue Hansen Date / -/3- od City of Meridian Cheryl Sable Date71 Meridian Fire District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Subindex Street Index Section NUMBERING OF LOTS AND BLOCKS TRISUSSISM CITY.FRM S _ -- S /'N 5Z i 2/7`/ a,50011� HiSE In WARRANTY DEED FIRST AMERICAN TITLE CO. '95 Jfl�a G Fi'1 `i 5i3 For Value Received FEE �_.._ N.L. Patel M.D., Inc., Profit Sharing and Pension Plan,as to a 50% iinterrest SanjaytRay M.D., Inc-, Money Purchase Plan Trust, as to a 30% interest and Ravinder N. Gupta, M.D, Inc, Profit Sharing Plan and Trust, as to a 20% interest hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey untolb 5 0 0 1417 Gary L. Voigt, a single person, and R. Craig Groves, a married man as his sole and .separate property hereinafter referred to as Grantee, whose current address is 1965 E. Overland Road, Boise, ID the following described premises, to -wit: See Exhibit "A" attached hereto and made a part hereof. To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor docs hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and casements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: December 30, 1994. N.L. Patel M.D., Inc., Profit Sharing and Pension Plan BY: 4is6vvi�.�l'Gti N. L. Patel, Trustee Sanjay Ray M.D., Inc., Money Purchase Plan Trust BY:Sv" )o -t •tom 4'% d`lo-la„a�/i�J�% Lr7 !/7��f�i�7 !'� /sar Sanjay Ray, Trustee by Naran Bhai L. 1 Patel, his attorney in fact Ravinder N. Gupta, M.D., Inc., Profit Sharing Plan and Trust BY: 6li6w11rJ'eh Ravinder N. Gupta, Trustee by Nar.an Mini Patel, his nttorney in fact First .American Title Company of Idaho 1821,00 EXHIBIT "An iii Y t� Part of the Northwest quarter of Section 20, Township 3 : 'North', kfa� i,� Range 1 East, Boise Meridian, Ada County, Idaho, more..particularly ;try described as follows Beginning at the quarter section corner'between Sections;l7'and?20, Township 3 North, Range 1 East, Boise Meridian; thence"::: '^ South 0014' East 2,645.6 feet to the center of said Section 20;.; u thence South 89018' West 944.0 feet to the center of a lateral; thence:' ` traversing along the center of said lateral North 39033' West 232.0 feet to a point; thence North 12044' West 626.0 feet to a point; thence North 54038' West 570.0 feet to a point; thence North 14006' West 202.0 feet to a point; thence North 21036' West 48.0 feet to a point; thence North 11050' West 150.0 feet to a point; thence North 8016' West 150.0 feet to a point; thence North 5006' West 150.0 feet to a point; thence • North 13002' West 150.0 feet to a point; thence North 19055' West 450.0 feet to a point; thence North 16024' West 122.0 feet to a point; thence } North 8048' West 150.0 feet to a point on the North boundary.of said Section 20; thence North 89031' East 2,062.0 feet to theiREAL POINT OF BEGINNING. CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Order No. // Date Name OWQ %T e/Y1%/, /l%jGrPi Address U /' Xf U(f, 30, /� Phone: 3�IQ0_ 713 SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT 6Aee-/G /49/3 D E S C R I P T 1 , //U IDD 1 I I cU I I ❑- _41 I 0 0 I I {J I I rPl I I Ln I I ra "s I ru CCYY urM o O 3 I r iL I O w a I I All claims and returned goods MUST be accompanied by this bill. TAX 0 012 3 4 6 Byceived TOTAL l/jq add GS -202-2 PRINTED IN U.S.A. ,�� PNINTEN WITN If31 w U cc wcc No C7 w zQ z� Qz' J 0 0- 2 co �u)(Dco VLu M O 0000 NCO LLF rn m�am M 1 cU ❑- _41 0 0 {J rPl rM Ln ra "s Q" ru CCYY urM o O 3 .-6 -M r iL B O w a Cr CENTRAL DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # CENTRAL DISTRICT HEALTH DEPARTMENT rn Environmental Health Division Retu❑ to: Boise ❑ Eagle Preliminary / Final / Short Plat 061-01 4 4 �k ❑ Garden City Meridian ❑ Kuna ❑ ACZ ❑ Star 1. We have No Objections to this Proposal. J''''' - - LLJ ❑ 2. We recommend Denial of this Proposal. OCT — 4 2000 CITY OF Mmm ❑ 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 ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 117. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After writ��pproval from appropriate entities are submitted, we can approve this proposal for: , central sewage ❑ community sewage system ❑ community water well ❑ interim sewage �ntral water ❑ individual sewage ❑ individual water I. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division ofifinvironmental Quality: central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines central water 10. Run-off is not to create a mosquito breeding problem. 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. 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 4. Date: XP/ L / 06 Reviewed By:�� CDHo9/00 1kc Review Sheet CENTRAL •* DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N.ARMSTRONGPl. • 9015.1083703-0825'(:08)375.5_ii • .�;(;�7.,iG Tu prevent and treat disease and disability; to promote healthy lifestyles; and to protect acrd prnmute the health and quality uf'uur em•irurmrcm. STORM WATER .MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing ground`vater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Alfanagement Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best liilanagement Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Ada / Boise County Office i N NI Armsrong PI. 30'se. 10 33704 Enviro. H?Olfh 321-7499 Fomdy Pronrnng: 327-7400 mmurntOrions: 327-7450 Serior Nurririon: 327.7460 nC 327.7488 :-:x 127-35CO Serving valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office Elmore County Office 1606 PCOgrt St 520 E. 3th Streer .^i. Boise. 10 33705 nmounroin Home, 10 dJ647 Ph. 334.3355 Envao. Health: 5874225 FAX: 334.3355 Family Heolth: 587-4,107 NIC: 587-4409 FAX: 587.3521 Volley County Office /0..3 N. lit 'iC3 PO30xi "ncC0n..0 iJtrJB Ph. 6J4.7194 FAX 634-21'u The Idaho City of Meridian Statesman MAR 2 i P.O. BOX 40, BOISE, IDAHO 83707-0040 f��fuf�llIl'�131�''�e�� LEGAL ADVERTISING INVOICE Amount Due I Account NumbegTrans. # Q�` Identification W5o•52 ,7 OL _64514 210390 NOTICE OF HEARING Ordered ey P.O. Number Rate Run Dates NT MARCH 10, 17, 2000 CITY OF MERIDIAN Estimated Inches 33 LINES Real Inches 33 E. IDAHO AVE MERIDIAN, ID 83642-2631 #Affidavits I Legal Number � 1 6576 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEI to the Ordinances of the City 1 and the Laws of the State of the City of Meridian will hold ... a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 p.m. on March 22, 2000, for the pur- pose of reviewing and considering the application of G. L. Voigt Development/ Overland, LLC for preliminary plat of 107.06 acres, LO and CG zoning for pro- posed Resolution Business Park which is generally located south of Overland and east of Locust Grove. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection dur- ing regular business hours. A Copy of the application is available upon request. Any and all interested per- sons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 1st day of March, 2000 WILLIAM G. BERG, JR., CITY CLERK Pub. Mar. 10,17, 2000 6576 ,It -VIUIII Z + d ; .6 : a • ••'•,.. S T A11 JANICE HILDRETH , being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto; that said notice was published in The Idaho Statesman in conformity with Section 60-108, Idaho Code as amended, for TWO ❑x consecutive weekly ❑ single ❑ consecutive daily ❑ odd skip insertion(s) beginning with the issue of MARCH 10 2000 and ending with the issue of MARCH 17 2000 de h. Z STATE OF IDAHO ) ss. COUNTY OF ADA ) On this 17TH day of MARCH in the year of 2000 before me, a Notary Public, personally appeared JANICE HILDRETH known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Notary ublic for Idaho Residing at: Boise, Idaho My commission expires: Z b ��3 The Idaho City of Meridian statesman a P.O. BOX 40, BOISE, IDAHO 83707-0040 �J�D `3 `��'� Amount Due MAR L LEGAL ADVERTISING INVOICE Accountina DeT)ta $57.72 064514 210392 1 NOTICE OF HEARING Ordered By . P.O. Number Rate Run Dates NT MARCH 10, 17, 2000 Estimated Inches Real Inches CITY OF MERIDIAN 38 LINES 33 E. IDAHO AVE III Affidavits Legal Number MERIDIAN, ID 83642-2631 1 6577 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 p.m. on March 22, 2000, for the pur- of 16.119 acres, from R -T to CG for pro- posed Resolution Business Park which is generally located south of Overland and east of Locust Grove. Furthermore, the application requests a rezone of 37.64 acres from R-4 to LO and a conditional use permit for commercial development consisting of multi -family, office and seminary. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection dur- ing regular business hours. A copy of the application is available upon request. Any and all interested per- sons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 1 st day of March, 2000 WILLIAM G. BERG, JR., CITY CLERK Pub. Mar.10,17, 2000 6577 *••••',ARRAN. �1� �I F- .0 U % JANICE HILDRETH , being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto; that said notice was published in The Idaho Statesman in conformity with Section 60-108, Idaho Code as amended, for TWO El consecutive weekly ❑ consecutive daily insertion(s) beginning with the issue of MARCH 10 and ending with the issue of MARCH 17 STATE OF IDAHO ) ss. COUNTY OF ADA ) ❑ single ❑ odd skip 2000 2000 On this 17TH day of MARCH in the year of 2000 , before me, a Notary Public, personally appeared JANICE HILDRETH known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Notaryllc or a o Residing at: Boise, Idaho My commission expires: lO / _3 a" / E. 01ERLM10 ROAD 8 7 42,950 SF 110,801 SF 1.0 Acres 2.5 Acres BLOCK 4 BLOCK 3 1 157,687 SF 109,695 SF 3.6 Acres 2.5 Acres 6 BLOCK 1 643,126 SF 14.8 Acres %WWA 099as1 BL 2 1 65,425 SF 1,963 SF 1.5 Acres BLOCK 1 4 3 220,602 SF 37,844 SF 54,822 SF 5.1 Acres 0.9 Acres 1.3 Acres I I 5 BLOCK 1 I 239,529 SF 55.0 Acres A LOT AREAS I I 1 I I I I I RESOLUTION SUBDIVISION NO. I rQ 5. LocusT GROVE ROAD - N 00'34'14' E 1326.05' - - N I mz ,�qS�� n m m0 o AO m I y-1 (A yD o x $ I ND= I D > g Q L i la c 43. 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