HomeMy WebLinkAboutThousand Springs Restr CovInteroffice
MEMORANDUM
RECEIVED
MAR - 7 ~,002
City Clerk Office
To:
William G. Berg, Jr.
Cc:
From:
Subject:
Mayor Robert D. Corrie and Meridian City Council
Wm. F. Nichols~/
Thousand Springs Subdivision No. 3, Lot 20 Block 14
Date:
March 6, 2002
The issue of the bonus room on Lot 20 Block 14 in Thousand Springs
Subdivision No. 3, has been resolved by the contractor purchasing the property.
Accompanying this memo you will find a letter from the attorney for the contractor,
~vith a proposed Restrictive Covenant. You will note fropn the letter that the
Hansons have agreed to settle their claims regarding the bonus room, if the
Restrictive Covenant is recorded.
Please let me lmow if you have any questions.
Z.\WorlONl~Vleridian\Meridian 15360M'xCity Clerk Memosk2002
Memos~BergThous and SpgsRes trictiveCovenantWindowRep[cmntMem°030602'd°c
msgAX204.229.127.194~SERVERZZWORKVvlVvlERIDIAb~AERIDIAN 15360IVI~CITY CLEPd( MEMOS~2002 MEMOS~ERGTHOUSANDSPGS
RIElt
HAWLEY TKOXELL
ENNIS &HAWLEY~
TIMOTHY W. TYREE
ADMITTED TO PRACTICE LAW IN IDAHO
EMAIL: TWT@HTEH.COM
March 4, 2002
877 Main Street, Suite 1000
P.O. Box 1617
Boise, Idaho 83701-1617
(208) 344-6000. Fax (208) 342-3829
www.hteh.com
RECEivED
VIA US MAIL
William F. Nichols
White Peterson Press Morrow & Gigray, PA
P.O. Box 247
Nampa, ID 83653-0247
Re: Restrictive Covenant in Thousand Springs Subdivision
Dear Bill:
Enclosed is an executed Restrictive Covenant Regarding Window Placement for
signature by the City of Meridian. Geoff Wardle and I have been working on this matter and
Geoff asked me to send the Restrictive Covenant to you to obtain the City's signature.
Stacy Construction, Inc. is now the owner of the property. Stacy Construction has agreed
to record the Restrictive Covenant against the property in order to resolve the complaints by the
neighbors. The neighbors have agreed to settle all claims regarding the bonus room over the
garage if the Restrictive Covenant is recorded.
Once the Restrictive Covenant is signed by the City, please return the fully executed
original to me for recording. If you have any questions, please call.
Very truly yours,
H/~g~EY TROXELL ENNIS & HAWLEY LLP
TWT
Enclosures
cc: Wayne Stacy
41257.0001.630953~
RESTRICTIVE COVENANT REGARDING WINDOW PLACEMENT
(Restricting Lot 20, Block 14, Thousand Springs Subdivision No. 3.)
THIS RESTRICTIVE COVENANT GOVERNING W1NDOW PLACEMENT
(this "Covenant") is made this I~ay of /t~0/~C/~ ,2002 by and between STACY
CONSTRUCTION, 1NC., ("SCI"), and THE CITY OF MERIDIAN ("Meridian").
WHEREAS, it is the intention of the parties hereto to reasonably restrict the
window placement on the home located on Lot 20, Block 14, Thousand Springs Subdivision No.
3 to further the privacy of neighboring property owners.
NOW, THEREFORE, in consideration of good and valuable consideration,
including the issuance of a certificate of occupancy by the City of Meridian, the receipt and
sufficiency of which is hereby acknowledged, SCI does hereby covenant and agree that
development, improvement and alteration of Lot 20, Block 14, Thousand Springs Subdivision
No. 3., shall be, and hereafter is, limited as follows:
No window shall be placed in the gabled end of the roof above the
first floor of the rear of the house located on Lot 20, Block 14,
Thousand Springs Subdivision No. 3.
Nothing contained in this Covenant shall be interpreted or construed herein to
otherwise restrict the location of windows anywhere else on the property, including any window
that is not located in the gabled end of the roof at the rear of the house or any window or
stmcture elsewhere in or on the roof that does not face to the rear of the house, parallel to the
southwest boundary of the property.
This Covenant runs with the land and binds Lot 20, Block 14, Thousand Springs
Subdivision No. 3., for the benefit of Meridian, and binds the assignees, successors, heirs and
devisees of SCI and all persons taking title from or under SCI to all or any part of Lot 20, Block
14, Thousand Springs Subdivision No. 3., to and for the benefit of successors to Meridian.
Meridian and its successors shall be entitled to specific performance of this Covenant. If any
provision of this Covenant shall be held invalid, it shall not affect the validity of the remainder of
this Covenant.
- 1 - 41257.0001G25275.4
IN WITNESS AND EXECUTION WHEREOF, the parties hereto have set their
hands on the day and date first above written.
SCl:
STACY CONSTRUCTION, INC.
Dated:
MERIDIAN:
THE CITY OF MERIDIAN
By:
Dated:
41257.000~.625275.4
STATE OF IDAHO
) SS.
County of Ada )
Onthis /~ day of ~[~, 2002, before me,
the undersized, a Notapj Public in ~d for said State, personally appeared Wa~e St~ as
President of Stacy Construction, Inc., ~own or identified to me to be the person whose nme is
subscribed to the foregoing instment, ~d ac~owledged to me that he executed the sine.
WI~SS ~E~OF, I have hereunto set my h~d ~d affixed my official seal the day
ye~ in this ce~ificate first ~W~fen,
~ ~ ,~,o TA ~? N0t~ Public for Id~o
STATE OF IDAHO
: ::Residing at ( h lfi, Idaho
My commission expires ~-/~, ~ 014
) SS.
County of Ada )
On this __ day of _, 2002, before me,
the undersigned, a Notary Public in and for said State, personally appeared
known or identified to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN
WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Notary Public for Idaho
Residing at , Idaho
My commission expires __, 2002
41257.0001.625275,4