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Amberstone Sub PP 02-002 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-oA33 · Fax (208) 88%4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 PUBLIC WORKS (208) 898-5500 · Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 ° Fax 887-1297 PLANNING AND ZONING (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 Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: Transmittal Date: File No.: Request: March 28, 2002 By: Location of Property or Project: February 12, 2002 Hearing Date: April 4, 2002 PP 02-002 Preliminary Plat approval of 19 building lots and 2 other lots on 3.84 acres in a proposed R-8 zone for proposed Amberstone Subdivision Jim Jewett south of West Cherry Lane and south of North Summertree Way David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Keven Shreeve, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, 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 Parks Department Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PPonly) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) U.S. West (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (AnnexaOon only) CITY OF MERIDIAN Planning & Zoning Department 200 E. Carlton Avenue, Suite 201, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax REOILFEST FOR SUBDMSION APPROVAL PRELIMINARY PLAT (RE: Meridian Subdivision Ordinance- 12-3-1 thru 12-3-6) GENERAL INFORMATION Name of annexation and subdivision: ~IqCCg4'T0/0~- Address, general location of site: ~0~v~.¢~ (,~,. O~er(s) of re,rd: ~~ ~v~'[~ ~~~ Address: ~o ~. ~7~/ ~U~ IGo~ Telephone: q,l- q ~oo F~: %~D - ~q E-mail: Applic~t: din 4~ ~ A~qB~e-4TOD~ Telephone: q41~4&o F~: ~V~q E-m~: Address:~ ~. f~tN Telephone: ~4&- ~gbl F~: ~E- 67 Nme ~d address to receive CiW hirings- Nme: Address ¢~qo ~, b~m~ 9ft~ t ~/~g4lglA:N Telephone: PRELIMINARY PLAT FEATURES 2. 3. 4. 5. 6. 7. 8. 9. Acres: Number of building lots: Number of other lots: Gross density per acre: 4, q Net density per acre: Zoning District(s): Existing: ~-I (~O0tdhf) Proposed: Does the plat border a potential green belt or pathway? Have recreational easements been provided for? to o Are there proposed recreational amenities to the City? Explain 10. 11. Are there proposed dedications of common areas? qE& Explain ~nr I ~uoc/~ I pc~o u~ I ¢,votio 2.. l~-~y 60~.i~4ot3 Lk-7oO~.~fi; ~o*'~ For future parks? ~o Explain ~ What school(s) service the area? Do you propose any agreements for future school sites? /vo Explain 12. Are there any other proposed amenities to the City? ~0 Explain 13 14. Type of building (residential, commercial, industrial, office or combination): Type of dwelling(s) (single family, duplexes, multiplexes, other): 15. Proposed development features: a. Minimum square footage of lot(s): b. Minimum square footage of structure(s): mo c. Are garages provided for? ICh Square footage: d. Has landscaping been provided for? 'fl~ Describe: LoT e. Are sprinkler systems provided for? fi Are there multiple units? yrr, b Type: Remarks: g. Are there special set back requirements? Explain: h i. Value range of property: ~ ~, ooo ~ l"b'ltO00 ,per 1o4 Type of financing for development: 13~ 6,t,0 ~'~'164xJT ob~tO Were protective covenants submitted? ~ 6,~ Date: 16. Does the proposal land lock other property? ~o Does it create Enclaves? /9 o STATEMENTS OF COMPLIANCE 3. 4. 5. 6. 7. 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. Proposed use is in conformance with the City of Meridian Comprehensive Plan. Development will connect to City services. Development will comply with City Ordinances. Preliminary Plat includes all appropriate easements. Street names do not conflict with City grid system. All items noted on the preliminary plat checklist have been completed. I have read the information contained herein and certify the i~rmation is true Snd co-rect and that this plat is in compliance with the above statements. ~ x~ re of App DEVELOPMENT NARRATIVE AMBERSTONE SUBDIVISION January11,2002 Applicant Amberstone Development, LLC. (applicant) 3090 Gentry, Suite 150 Meridian, Idaho 83642 Telephone: 941-9460 Facsimile: 288-1516 Location This project is located on the south side of Cherry Lane, approximately 2000 feet east of Black Cat Road. It is comprised of 3.84 acres of land and is currently located in the unincorporated county. Immediately to the east is zoned R1 (County) and R-4 (City; Parkside Creek Subdivision). The property to the west is zoned R1 and is in the County jurisdiction. The property to the north (Golf View Estates Subdivision) and south (Parkside Creek Subdivision) are zoned R-4 (City). The area is comprised of a portion of the Northwest Quarter of Section 10, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho. Site Overview The site is currently vacant. It is bordered by urban development on the south and a portion of the east property line. The site is relatively fiat and there are few constraints to development other than the awkward "L" shape of the property. Project Overview Annexation One request of this application is to seek annexation of this property into the City of Meridian. The requested zone is R-8. The R-8 zoning allows the developer to match the development pattern next to the adjoining R-4 lots, while providing a buffer to higher density housing near Cherry Lane. Preliminary Plat The second request of this application is to seek approval of preliminary plat to allow the subdivision of the land into 19 residential lots. The ten northern lots will be developed with single-family attached dwellings. There is a large landscape island in front of these units, providing a spacious entrance to the property. The southern nine lots will be developed with single-family detached dwellings. The gross density is 4.9 units per acre. Summertree Way is a single loaded road and will facilitate the development of the adjoining western property. Meridian Comprehensive Plan The Meridian Comprehensive Plan and map designate the subject area as "Existing Urban" The major applicable section of the Comprehensive Plan is Section 2 of the Land Use chapter. Section 2 Residential Policies - Goals 2.1U The proposed project will provide will add variety to the City of Meridian housing stock by adding 10 single-family attached units. Because of the reduced land costs and smaller size, single-family attached dwellings are more affordable than their detached counterparts. 2.2U This is an urban irffill project. Due to the small area, there is not sufficien; area to develop a neighborhood park. 2.3U In order to protect the adjoining Parkside Creek lots, we have matched the existing lot pattern. (That is to say, there are 7 adjoining lots on the southeastern and southern property lines, and we propose 6 new lots along those property lines.) 2.4U Sidewalks will be developed within the property. Sidewalks already-exist on Cherry Lane. 2.5U This project adjoins urban development on the southeast and south. We believe the proposed use will improve the vicinity by extending sewer and water service through a challenging site and by providing a half-road on the west property line to facilitate development of the adjoining property. As noted previously, we have matched the existing lot pattern on the southeastern and southern property lines. Streets&Access The site has access from Cherry Lane. Preliminary discussions regarding this site have been held with the Ada County Highway District (ACHD). ACHD has agreed that half-street section at 40 feet on Summertree Avenue is acceptable and appropriate. ACHD also agreed that, given the limited number of dwelling on Thorn Creek Place, the reduced street section of 42 feet is acceptable. It is projected that this development will create approximately 190 new vehicle trips per day to Cherry Lane. (This figure is based on a calculation of 10 trips per day multiplied by 19 new residences.) Irrigation Any irrigation waters that run through the property will be continued. The existing irrigation ditch will be piped and routed under Summertree Avenue. A pressurized irrigation system will be installed to serve the development. Water will be provided from the existing water rights. 2 Drainage All present drainage patterns and flows will be preserved and protected within the development. Lot I Block 2 will be used to detain and/or retain drainage. This area will also serve as a visual amenity for the project. Specific approvals cannot be secured until detailed construction plans are completed and reviewed by the ACHD. Floodplain The parcel is in Zone X and determined to be outside of the 500 year flood plain as shown on the FEMA flood insurance rate map No. 16001C0250G, effective date September 22, 1999. Water & Sewer Water and sewer are currently planned on being extended from Cherry Lane, east of the subject property. Fire Service The project is located in the Meridian Fire District. Augmented fire protection will be provided for the project as required by Meridian Fire with installation of public water and fire hydrants. Other Utilities Public utilities, such as power and communications, will be extended underground into the project. Statements of Compliance The streets, curbs, gutters and sidewalks will be constructed to Ada County Highway District and Meridian Ordinance standards. The proposed uses are in conformance with ~he City of Meridian Comprehensive Plan. The development will connect to City services. We have made every attempt to submit plans that address all applicable City ordinances and standards. We will comply with all City ordinances. The preliminary plat includes all appropriate easements. To the best of our knowledge, the street names do not conflict with the City grid system. The property owner agrees to pay any additional sewer, water, or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. 4 '~1 ',LI, NflO:) J.V'ld NOI$1AId~]~IS 3 NO_L~FI~WV · '~ O_-I IV'id A~IVNIWll3~Id 0 0 °l AMBEP. STON~ SUBDIVISION PROPERTY OWNERS W'ZTH:I:N 300' ELSBERND RICK J ELSBERNb JANET.A 1675 N WHITE OAK WAY MERIDIAN 'ID 83642-0000 DURRANT CRAIG R & CATHIE P MTLE$ R CLAT. R & CAROL H 1680 5UMMERTREE WAY MERIDIAN ID 83642-~'O99 RAMBO T~MOTHV B6 RAMBO JANE 5 1661 INTERLACHEN WAY MERIDIAN ID 83642-1002 sTEWART SHARON L 1650 N WHITE OAK WAY MERIDIAN ID 83642-I089 HOWELL DONALD D & HOWELL ARDYCE A 1641 INTERLACHEN WAY MERIDIAN ID 83642-I002 KNAPP KENNETH L & KNAPP WANDA L 4175 W Q~AI~ER RIDGE DR MERIDIAN ID 83642-1094 &OLFVIEW A$5OCIATE5 LIMITED · PARTNERSHIP PO BOX 3510 KETCHUM ID 83340-3510 W QUAKER RIDGE DR W CHERRy LN PRESCOTT COREY W PRESCOTT V~CTORIA J 4327 W QUAKER RIDGE DR MERIDIAN ID 83642-0000 8YRNE MICHAEL P & BYRNE NANCY E 4285 W QUAKER RIDGE DR MERIDIAN ID 83642-I096 LEE L MICHELLE 4265.W QUAKER RIDGE DR MERIDIAN ID 83642.1096 NEELY BERTA 4!95 W QUAKER RIDGE.DR MERIDIAN ID 83642-1094 KLEFFNER MICHAEL R !639 INTERLACHEN WAY MERIDIAN ID 83642-1002 CANFIELD W~LLIAM b & CANFIELD ~ANET.L 4079 W CHERRY LN MERIDIAN ID 83642-1022 DAVIS GEORGE. B DAVIS MILDRED L 4225 W CHERRY LN MERIDIAN ID 83642-5433 GRAU WILI__TAM R 4135 W CHERRY LN MERIDIAN ID 83642-0000 CROY CLAUDE & CROY REBECCA 4045 W CHERRY Ltd MERIDIAN ID 83642-1022 ROCCA DEANO L & ROCCA PAMELA J 4082 W THORN CREEK CT MERIDIAN ID 83642-4206 GILBERTSON ROGER L & GILBERT$ON DAVEITA J 4066 W THORN CREEK CT MERIDIAN ID 83642-0000 MCFADDAN DAVID A & MCFADDAN MAUREEN C 4054 W THORN CREEK CT MERIDIAN ID 83642-4206 CARHILL DANIEL GARY 4028 W THORN CREEK CRT MERIDIAN ID 83642-4206 JONES GENE 3ONE5 TERRI A 962 E COUGAR ST MERIDIAN ID 83642-3476 W CHERRY LN 5HANK5 D L & B A TRUST 5HANK5 D L & B A TRUSTEE5 4073 W THORN CREEK CT MERIDIAN Ib 83642-4206 COOPER JAMES B & COOPER 5ALLY M 4049 W THORN CREEK CT MERIDIAN ID 83642-4206 WOOD TRAZ E Z 406! W THORN CREEK CRT MERIDIAN ID 83642-0000 TAYLOR ~ULIE R 3999 W THORN CREEK CT MERIDIAN ID 83642-4205 MAURER W~LLZAM F MAURER NADEYNE L 4074 W BLUE CREEK WAY MERIDIAN ID 83642-0000 COLLENBORNE KENNETH C COLLENBORNE ARLEAN B 4056 W BLUE CREEK DR MERIDIAN ID 83642-0000 ,TE55ER LONNIE F & ,TE55ER CYNTHIA b 4032 W BLUE CREEK DR MERIDIAN ID 83642-4238 GUZMAN RAMIRO V GUZMAN SUSAN V 4000 W BLUE CREEK bE MERIDIAN ID 83642-0000 VODICKA H G DR & VODICKA HAZEL 4200 W BLUE CREEK DR MERIDIAN ID 83642-4208 5A55 DEAN D & 5A55 5HERI L 4234 W BLUE CREEK DR MERIDIAN ID 83642-4208 GRANT HUBERT JEFFERSON SR & GRANT EDITH .H 4182 W BLUE CREEK DR MERIDIAN ID 83642-4208 ANDERSON ERIC K ANDERSON ELAINE F 4256 W BLUE CREEK DR MEP. ZDIAN ID 83642-0000 WATSON CHRISTOPHER b & WATSON ROBERTA J 4144 W BLUE CREEK DR MERIDIAN ID 83642-4208 KNAUS5 MICHAEL W & KNAU55 5HARI L 1369 N SAW CREEK WAY MERIDIAN ID 83642-4228 FULLER MITCHELL R & FULLER BETH L 4116 W BLUE CREEK DR MERIDIAN ID 83642-0000 ALLEN DANIEL L & ALLEN LUOiI~DA R 4098 W BLUE CREEK DR MERIDIAN ID 83642-0000 NEL.5ON DEAN 5 & NELSON MARYANN L 4049 W BLUE CREEK DR MERIDIAN ID 83642-4238 RU55ELL CATHERINE Ak RU55ELL b ANDREW 4037 W BLUE CREEK DR MERIDT.AN ID 83642-4238 MEDE~R05 TIMOTHY NLTCHAEL AND LONG CYNTHIA L 4075 W BLUECREEK DR MERT.DT.AN ID 83642-0000 TRU55ELL ELLA MAE TRUST TRUSSELL ELLA MAE TRUSTEE 4009 W BLUE CREEK DR MERIDIAN ID 83642-4238 BOUDREAUX SAME5 M & BOUDREAUX BP. TI-F 5 4089 W BLUE CREEK DR MERIDIAN ID 83642-0000 WALKER GARY 0 & WALKER DIANNA L Z342 N 5AW CREEK WAY MERIDIAN ID 83642-4228 /~ATHT.$EN BARBARA ~ANE 1335 N SAW CREEK WAY MEET. bT. AN ID 83642-4228 GOVE ROBERT L & GOVE VERNA JEAN 4215 W BLUE CREEK DR ~AERIDIAN ID 83642-4208 HEINZ MARK W & HEINZ KANDI K 4105 W BLUE CREEK DR MERIDT.AN ID 83642-0000 CARNAHAN bONN R CARNAHAN SHANNON L 4193 W BLUE CREEK DR MERIDIAN ID 83642-0000 BARRAGAN HILDA 4129 W BLUE CREEK DR MERIDIAN ID 83642-4208 HOWELL KAREN ANGELA 4167 W BLUE CREEK DR MERIDIAN ID 83642-0000 JONES £HARLE5 H JONES DEBORAH L 4040 W BIG CREEK DR MERIDIAN ID 83642-0000 GREEN JAMES BARTLETT I~I GREEN VICE[ P 4068 W BIG CREEK DR MERIDIAN ID 83642-4211 KIRBY GREGORY M & KIRBY KAREN L 4094 W BIG CREEK DR MERIDIAN ID 83642-4211 RICHARD50N R.TCK L & RICHARDSON NORMA J 4248 W BIG CREEK DR MERIDIAN ~b 83642-0000 5TMON ,TOSEPH ,.TUNIOR & 5];MON b.rANE 4216 W BIG CREEK DR MER];b'rAN I'D 83642-4239 DABB GREGG H & DABB ANGELA K 4188 W BIG CREEK DR MERIDIAN ID 83642-4211 CLIFF DW3EGHT G & ZTZLBERT LAURIE L 4120 W BIG CREEK DR MERIDIAN ID 83642-0000 NEGUS RICHARD ] & NEGUS JUZNNE V 4132 W BTG CREEK DR MERTDIAN ID 83642-4.211 BUDAHL RZ~K & JAN TRUST BUDAHL R~CHARb PATRICK 4166 W BIG CREEK DR MERIDIAN 'rD 83642-4211 'l W~ ~EED P:1'"1 FILE No.~kS1 11/06 '00 20:~0 FAX: P~E To~h~p ~ No~, ~e I Wes~ of ~h~ Boi$~ d~s~r~ed as folly: ~uch 8~15'29* ~c 1985.89 f~ ~ ~he No~h ~~ of ~ Northwest ~ar~r o~ ~e~i~ 10, s~ of re~r~ co ~ Nas= 1986 fee~; ~C~ ~uch 00040'32. West %%.80 feeC ~o a ~nc on c~ South right of ~y I1~ o~ · ou=h 89~16'09' E~= 209.94 fe~= alo~ =he S~=h rich= of ~ay li~ o~ Ch~r~ line; NO, Ch 08'2~'55" We~ 130.98 ~; ~n~ No~h 000~3'20" Wes~ 339.97 f~= Lo a ~ln= on ~e ~=h ri~c of way 1ina of 8XC8~ ditc~ ~ road rights of T~ship 3 No~h, ~ I W~st o~ t~ Boise ~r~di~, ~ Cowry, ~, Be~in~ a~ t~ No~sC co~ o~ said Secti~ ~arzer of ~c~i~ 10, s~ of ~co~ =o ~ Sou=h 00~40'~2~ Wes= 62%.69 fee=~ Norc~ 00~04'20~ ~e~ 278.72 fee~t ~nce No~b 88~23'S5~ Wes= 130.96 fee~; ~nce No~h 00~53'20- W~c 339.9V ~ co a ~inc on c~ ~u~ r~gh= of ~ay Zine o~ No~h 89'16'09' Wes~ 209.94 feec ~o~ ~id EXCRPT d/cch and ro~d ri~h~e o~ way. APPLICANT / OWNER AFFIDAVIT I, James Jewett, verify that I have read the contents of the attached applications for annexation and subdivision approval of the Amberstone Subdivision. The information contained in said applications is true and correct. I will post (or have the property posted) one week_.~efore. . the publi~hearing. /~ame~ZJewett ~ ' ' ' Cb~rstone D~r t,L.L.C- Date STATE OF Idaho, County of Ada, ss. On this //~'~' ' day of January in the year of 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared James Jewett, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Signature: Name: C~¢~ ~'-. ~,., ,..d,~,,.,. d Residing at: My commission expires: CONSULTING ENGINEERS AND SURVEYORS' 5505 W. Franklin Road Boise, Idaho 83705-1055 Telephone - (208) 343-3381 · Fax - (208) 342-5792 SOIL PROFILE INFORMATION FOR AMBERSTONE SUBDIVISION January 10, 2002 Test Hole Location: On a parcel of ground in the NE ¼ of the NW ¼ of See. 10, T. 3 N, R. 1 W, B.M., Ada County, Idaho. The parcel is located ±2000 feet east of Black Cat Road on the south side of Cherry Lane. The test hole is ± 180 feet south of the north property line and +30 feet east of the west property lille. Procedure: ' One test hole was excavated m the area of the proposed storm water retention area. The pit was excavated to ±12 feet. The soils were inspected for suitability for storm water disposal and currem ground water elevation. After inspection the test hole was filled with excavated material. Soil Profile: 0- 1 feet Organic soils - Black soil with dense roots - sod. 1 - 3.5 feet Dense fine soils with organic materials and some roots. 3.5 - 4.0 feet Hard pan layer, 4.0 - 11.0 feet Fine granular soils well cemented - hard - not suitable for subsurface disposal. 11.0 feet Encountered free draining sands and gravels, first sands changing to pit run gravel. Ground water was also encountered at this level. Subsurface Storm Water Disposal: Thc existing soils above the current water table are not suitable for subsurface storm water disposal. To use this site for subsurface storm water disposal the existing soils should be removed into the free draining material and replaced with granular backfill. A minimum 3-foot layer of ASTM C-33 filter sand should be used above the seasonal high ground water level to protect the ground water. Additional BMP's should be considered during storm water disposal design. Page 1 of 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THIS DECLARATION is made on the date hereinafter set forth by~ ' Angela G. Richards, husband and wife, hereafter referred to as "Declarant". WITNESSETH WHEREAS, Declarant is the owner of certain real property in Ada County, State of Idaho, hereinafter referred to as "the properties", more particularly described as follows: -] SUBDIVISION, according to the official plat thereof, recorded in Book of Plats at Pages __ and , as Instrument No. , recorded on the ~ day of , 20__, records of Ada County, Idaho, together with that cextain real property described in Exhibit A attached hereto; and WHEREAS, Declarant desires to subject the above described properties to certain protective covenants, conditions, restrictions, reservations, easements, liens, and charges for the benefit of the properties and their present and subsequent Owners as hereinafter specified, and will convey the properties subject thereto; NOW, THEREFORE, Declarant hereby declares that all of the properties above described shall be held, sold and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of, and which shall run with the properties and be binding on all parties now or hereafter having any right, title or interest therein or to any part hereof, and shall inure to the benefit of each owner thereof. ARTICLE I: DFFINITIONS The following terms shall have the following meanings: Section 1. "ASSOCIATION" shall mean and refer to the Israelle Heights Homeowners Association, Inc., a non-profit corporation organized under the laws of the State of Idaho, its successors and assigns. Section2. "PROPERTIES" shall mean and refer to that certain real property hereinabove described. Section 3. "COMMON AREA" shall mean all real property and improvements thereon (including private streets, drives, parking areas and recreational facilities) owned by the Association DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page - 1. 1/14/02 for the common use and enjoyment of the Owners. The Common Areas to be owned by the Association at the time of the conveyance of the first Lot is described as follows: Lot 3, Block 1, Ismelle Heights Subdivision, according to the official plat thereof. Section 4. "PRIVATE ROAD" shall mean those certain Private Road rights-of-way depicted on the Plat, which said Private Roads are hereby dedicated and restricted to the perpetual and indefeasible right of ingress and egress for the exclusive use and benefit of the Owners and residents of the Properties, their guests and invitees. Section 5. "LOT" or "LOTS" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties. Section 6. "OWNER" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 7. "DECLARANT" shall mean and refer to Daniel W. Richards and Angela G. Richards, husband and wife, their successors, heirs and subject to the provisions of Article XV, Section 4, their assigns. Section 8. "DECLARATION" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the properties recorded in the office of the County Recorder of Ada County, State of Idaho. Section 9. "DWELLING UNIT" shall mean that portion or part of any structure intended to be occupied by one family as a dwelling unit, together with the vehicular parking garage next thereto, and all projections therefrom. Section 10. "MORTGAGE" shall mean any mortgage, deed of trust or other security instrument by which a Dwelling Unit or any part thereof is encumbered. Section 11. "PLAT" shall mean a final subdivision plat covering any real property in Israelle Heights Subdivision, as recorded in the office of the county recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereto. Section 12. "MORTGAGEE" shall mean any person or any successor to the interest of such person named as the mortgagee, trust beneficiary or creditor under any Mortgage. Section 13. "FIRST MORTGAGEE" shall mean any Mortgagee possessing a lien on any Dwelling Unit first and prior to any other Mortgage. DECLARATION OF COVENANTS, COI~DmONS ~S. ND RESTRICTIONS, Page - 2. 1/14/02 Section 14. "INSTITUTIONAL HOLDER" shall mean a Mortgagee which is a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency. ARTICLE 1I: COMMON ARFA RIGHTS Each Owner shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject, however, to the following provisions: The right of the Association to promulgate reasonable roles and regulations governing the use of the Common Area. The right of the Association to charge reasonable admission fees for the use of any recreational facility situated upon the Common Area or otherwise controlled by the Association, including, particularly, the right to charge a special use fee for members who desire exclusive short-term use of such facility and who are willing to pay a special fee or assessment for such use. Bo The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Area and facilities; and, in aid thereof, to place a mortgage or trust deed thereon, which shall be a first and prior lien thereagain~; provided that the Common Area may not be mortgaged or conveyed without the consent of at least 66-2/3% of the Owners (excluding Declarant), and that any conveyance or mortgage of Common Area shall be subject to and subordinate to rights of ingress and egress of an Owner to his/her Lot. Co The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members; provided, however, that except as to the Association's right to grant easements for utilities and similar or related purposes, no part of the Common Area and facilities may be alienated, released, transferred, hypothecated or otherwise encumbered without the written approval of all First Mortgagees and two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly held for this purpose. Do The right of the Directors of the Association to promulgate reasonable roles and regulations governing such right of use, from time to time, in the interest of securing maximum safe usage of the Common Area by the members of the Association without unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part of said propeay, including without being limited thereto, roles restricting persons under or over designated ages from using certain portions of the Common Area during certain times and reasonable regulations and restrictions regarding vehicle parking. Section 2. Delegation of l I.qe: Any member may delegate, in accordance with the roles and regulations adopted from time to time by the directors, his right of enjoyment to the Common DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page - 3. 1/14~2 Area and facilities to the members of his family, his tenants or contract purchasers, provided they reside on the property at the time of use. ARTICLE 1II: I-IOMFOWNFR,q' Aq,qOCIATION Section 1. Mernberqhip: Every Owner of a Lot which is subject to assessment shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the payment of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Such ownership shall be the sole qualification for membership and shall automatically commence upon a person becoming such Owner and shall automatically terminate and lapse when such ownership in said property shall terminate or be transferred. Section2. Voting Rights: The Association shall have two classes of voting membership: Cla.q.q A: Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Fractional votes shall not be allowed. The vote applicable to any said Lot being sold under contract of purchase shall be exercised by the contract seller, unless the contract expressly provides otherwise. Cla.qq B: Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership. Section 3. A.q.qes.qment.q: Ao Creation of Iien and Pemonal Obligation of Assessments: Each Owner of any Lot identified in Section 1 of this Article, above by acceptance of a deed therefor (whether or not it shall be so expressed in such deed), is deemed to covenant and agree to pay to the Association: 1. Regular annual or other regular periodic assessments or charges; and o Special assessments for capital improvements, as may be fixed, established and collected from time to time as hereinafter provided, for the operation, maintenance, repair and replacement of the Irrigation Water Supply System or any portion thereof. The regular and special assessments, together with interest, costs of collection and reasonable attorney's fees shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney's fees, shall also be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page - 4. 1/14/02 the person_al obligation of the Owner of such Lot at the time when the assessment fell due. The obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a personal obligation of successors in title, unless expressly assumed. l~rpose of Asse.q.qmentq: The assessments levied by the Association shall be used exclusively for the purpose of operating the Association, maintaining, improving and repairing the Common Areas and the Private Roads, as described herein, and related drainage facilities, for the reasonable expenses incurred in the operation of the affairs of the Association, for the expenses incurred by the Association in connection with any of its obligations contained in this Declaration or in the Bylaws of the Association, and for any other purpose reasonably authorized by the directors of the Association. Amount of Annual As.~e.qsment: Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the annual assessment shall be $175.00. Thereafter, the Board of Directors of the Association may fix the annual assessment at such an amount as it deems necessary in the exercise of the best business judgment of the Board of Directors to cover the anticipated expenses of the Association, including a reserve for contingencies; and said assessment shall be payable to the Association in regu/ar month/y or quarterly installments as may determined by the Board of Directors. Initiation and Mailbox As.qeqsment: Upon the initial conveyance of each Lot, the purchaser thereof shall pay an initiation assessment in the amount of $150.00 plus $75.00 for a mailbox to be provided by Declarant. Special As.qeq.qmentq for Capital Improvements: In addition to the regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconsmaction, repair or replacement of a capital improvement upon the Private Roads, including fixtures and personal property related thereto, provided ~ any such assessment shall have the assent of two-thirds (2/3) of the votes of those members who are voting in person or by proxy at a meeting duly called for this purpose. Any such special assessment shall be payable over such a period as the Association shall determine. Notice and Quorum for Any Action Authorized I lnder Section F: Written notice of any meeting called for the purpose of taking any action authorized under Section E, above, shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page - 5. l/lad02 l lniform Rata of A.qse.q.qrnent: Both annual and special assessments must be fixed at a uniform rate for all Lots. Ho Date of Commencement of Annual A.q~.q~qmentq' Due Dateq: The annual assessments provided for herein shall commence as to every Lot on the first day of January 2001, without pro-ration based upon the date of initial sale thereof. The Board of Directors shall fix the mount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Jo Fffect of Nonpayment of Assessments' Remedieq of Aqqociation: Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Private Roads or abandonment of his Lot. Subordination of the Iien to Mortgages: The lien of the assessments provided for herein shall be subordinate to the lien of any first Mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to Mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereof[er becoming due or from the lien thereof. ARTICLE IV: DOMFSTIC WATFR Declarant is under no obligation to deliver domestic water or furnish rights of way in connection with the delivery of domestic water to any Lot in the subdivision. Each Owner is required to provide such domestic water by the drilling and installation of a domestic water well on the LOt owned. Each such domestic water well shall be located a minimum distance of one hundred feet from the private sewerage disposal facilities which is required to be installed on each LOt by the Owner and shall otherwise comply in all respects with the regulations and health standards of any governmental entity having jurisdiction thereof. Notwithstanding the foregoing, the Association shall own and operate the existing well located on Lot 4 which said well shall be used by the Association to provide a flow of water sufficient for fire protection purposes for the Properties and may be used by the Owner of Lot 4 to provide a domestic water supply to the said Lot. The Association shall be responsible to provide for the maintenance, repair and replacement of the well, pump and related equipment, the cost of which shall be shared equally between the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page - 6. 1/14/02 Association and the Owner of Lot 4; provided, however, that the Owner of Lot 4 shall be responsible to reimburse the Association the stun of $10.00 per month for the cost of power consumed by the operation of the well and pump, which said sum shall be subject to reasonable adjustment from time to time by the Association, taking into account the reasonable actual cost of power used in the operation of the said well and pump. Any amounts payable by the Owner of Lot 4 to the Association as provided for herein shall be added to and become a part of the assessment to which such Lot is subject. ARTICLE V: IRRIGATION WATFR SI IPPI Y ,qYRTFM Section 1. Lots 3 through 14 shall have access to an Irrigation Water Supply system to be constructed by Declarant and owned and operated by the Association. All Owners to which the system has been extended shall be required to pay the assessment therefore as provided for in Section 3, below, regardless of actual use or non-use of water from the irrigation system. Section2. Operation of the Irrigation Water Snpply System: The Irrigation Water Supply System shall be operated in accordance with the laws of the State of Idaho and all roles and regulations promulgated from time to time by the Association and any governmental entity having jurisdiction thereof. The fight to receive water form the Irrigation Water Supply System is, in any event, subject to availability of water. The Association shall have the right to adopt reasonable roles regarding the use of water, including but not limited to use schedules and limitations on the amount of water available for use on each Lot. The Association shall have no liability for any temporary interruptions in water supply service so long as necessary repairs are made in a reasonably prompt manner. The Association shall be permitted to enter into a contract with a qualified water system management and maintenance entity for the management and maintenance of the Irrigation Water Supply System. Section 3. A q.qe.q.qments: Each Owner of any Lot identified in Section 1 of this Article by acceptance of a deed therefor (whether or not is shall be so expressed in such deed), is deemed to covenant and agree to pay to the Association regular annual or other regular periodic assessments or charges and special assessments for capital improvements, as may be fixed, established and collected from time to time as hereinafter provided, for the operation, maintenance, repair and replacement of the Irrigation Water Supply System or any portion thereof. The regular and special assessments, together with interest, costs of collection and reasonable attorney fees shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney fees, shall also be the personal obligation of the Owner of such Lot at the time when the assessment fell due. The obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be personal obligation of successors in rifle, unless expressly assumed. Ammmt A.q.qeqsment: Until January 1 of the year immediately following the conveyance to an Owner of the first Lot which is subject to assessment for the DECLARATION OF COVENANTS, CONDmONS AND RESTmCTIONS, Page - 7. 1/14/02 Irrigation Water Supply System, the maximum annual assessment shall be $125.00. Thereafter, the Board of Directors of the Association may fix the annual assessment at such amount as it deems necessary and exercise of the best business judgment of the Board of Directors to cover the anticipated expenses of the operation, maintenance, repair and replacement of the Irrigation Water Supply System; and said assessment shall be payable to the Association in regular monthly or quarterly installments as may be determined by the Board of Directors. Co Initiation A.~ms~ment: Upon the initial conveyance of each Lot subject to assessments for the Irrigation Water Supply System, the purchaser thereof shall pay an initiation assessment for the Irrigation Water Supply System in the amount of $100. Do Additional Provi.~ions: To the extent applicable, the provisions of Article III, Section 3, paragraphs E., F., G., H., I., and J. herein shall be applicable to the levy and collection of assessments for the Irrigation Water Supply System to the same extent as is set out in full in paragraph. Section 4. Fa.~ement for Irrigation Water Supply Sy~em: The Declarant and the Association shall have a permanent easement for the construction, maintenance and repair of the Irrigation Water Supply System and related pumps, pipes, and any other conveyancing apparatus in the public utility and private road easements as depicted on the Plat, together with the right of ingress to and egress fi:om the easement premises over and across the privately owned property of Owners to perform maintenance upon the pump, pipes and other conveyancing apparatus comprising the Irrigation Water Supply System together with all rights necessary for the full and complete use, occupation and enjoyment of the easements hereby reserved, and all fights and privileges incident thereto. ARTICLE VI: FASFKffVNTq Section 1. lenn~re Fa.~ements: The Association shall have the future right to provide for such easements across, upon and under the surface of the Common Area and the Private Road as may be reasonably necessary to serve the interests and convenience of the Owners for public or private ways, public utilities (including cable television), drainage, access, subterranean irrigation lines, cave and balcony overhangs. Section 2. Fncroaehments: In the event that, by reason of the construction, settlement or shifting of the building, any part of any Dwelling Unit or drainage water fi:om any Lot or Dwelling Unit encroaches or shall hereafter encroach upon any part of any adjacent Lot, easements for the maintenance of such encroachment and for such use of the areas encroached upon are hereby established and shall exist for the benefit of said Dwelling Unit, so long as all or any part of the buildings shall remain standing; provided, however, that in no event shall a valid easement for any encroachment or use of adjacent Dwelling Units be created in favor of any Owner of such encroachment or use if it is detrimental to or interferes with the reasonable use and enjoyment of the property by other Owners and if it occurred due to the willful conduct of any Owner. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page - 8. 1/14/02 Section 3. Fauement for Maintenance: The Declarant and the Association shall have a permanent easement to go upon the privately owned property of Owners to perform maintenance upon the Properties, the Common Area, the Irrigation Water Supply System and the Private Road, including, but not limited to, snow removal, utility service and drainage system maintenance, and fence maintenance, together with all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easements hereby reserved, and all rights and privileges incident thereto, including the right from time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement and the operation, maintenance and repair of utility service connections and drainage systems. ARTICLE VII: PRWATF ROAD FASFMFNTS Access to each Lot is provided by a Private Road to be constmcted by Declarant and maintained and operated by the Association. Said Private Road is to be constructed on easements located as depicted on the Plat. The Private Road easements are dedicated and restricted to the perpetual and indefeasible right of ingress and egress over and across the said easement for the exclusive use and benefit of the Owners and residents of the Properties and their guests and invitees. The perpetual right of ingress and egress over and upon said easement may not be terminated or extinguished without the written consent of all Owners, the Association, and any and all parties having any interest in the properties. ARTICLE vm: MA1NTFNANCF RFRPONSIFIII ITY The Association shall provide maintenance to and be responsible for the Common Area, the Irrigation Water Supply System and the Private Road and all related drainage facilities. In the event the need for maintenance or repair is caused through the willful or negligent act of an Owner, his family, guests or invitees, the costs of such maintenance or repairs shall be added to and become part of the assessment to which such Owner's Lot is subject. Each Owner shall be responsible for maintaining and keeping in good order and repair the exterior of his Dwelling Unit and any private decks, fences, courtyards, landscaping and lawn contiguous to his Dwelling Unit. Each Owner shall further be responsible to cut or otherwise control the weeds and other noxious plants on his Lot so as to avoid any unsightly condition or hazard or nuisance to the neighborhood. In the event of damage or destruction of a Dwelling Unit by fire or other casualty, the owner must complete repair and/or replacement of the Dwelling Unit within one (1) year of the damage or destruction. ARTICLE IX: PROPFRTY l l,qF RFSTRICTIONS The following restrictions shall be applicable to the properties and shall be for the benefit of and limitations upon all present and future Owners of said property, or of any interest therein: l~t Il.ge: All Lots shall be used only for single family residential and agricultural purposes and such uses as are customarily incidental thereto. No Lot shall be used at any time for commercial or business purposes. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page - 9. 1/14/02 Eo Snbdivision: Any Lot may be resubdivided in accordance with the applicable zoning and subdivision ordinances as adopted by the governmental entity having jurisdiction over the properties, as such ordinances may exist from time to time. No Lot shall be subdivided further beyond that which is permitted under the said zoning and subdivision ordinances. Planned l Init Development: Each Owner of any Lot, by the acceptance of a deed therefore (whether or not it shall be so expressed in such deed), is deemed to acknowledge and agree that Israelle Heights Subdivision, and each Lot therein, is subject to and governed by the conditions of approval of that certain non-farm planned unit development approved by the~ ...~ ... designated m .....__ ~ and all terms and conditions thereof. Each Owner further specifically acknOwledges and agrees that the use, occupancy, possession and development of each Lot shall be subject to and governed by the provisions of the said planned unit development approval. Each Owner further acknowledges and agrees that although Lots 2 and 14 are designated on the Plat as being deed restricted for agricultural purposes only, no Owner shall have any rights or interest in the said Lots by virtue of the ownership of any other Lot, the said Lots 2 and 15 being the private property of the Declarant. Animals: Only the following animals shall be permitted to be kept and maintained in the properties: (a) dogs, cats and similar ordinary domestic animals, kept only as pets; and (b) not more than two (2) horses or llamas per acre. In no event may animals be kept on any Lot as a part of a commercial farming operation, or for commercial livestock raising purposes and all animal uses shall be ancillary or incidental to the use of each Lot for a single family residence. All animals shall be kept properly contained within fenced or controlled enclosures reasonable and appropriate for the particular animal or foul. Any animals not on an Owner's Lot must be accompanied by the Owner or other responsible person and must be on a leash or other appropriate tether, and the Owner or custodian of the animal shall be responsible for the mediate cleanup of the animal's droppings. Each Owner shall be further responsible for any damage caused by any such Owner's animals. Notwithstanding the foregoing, no animals whose habits or odors are deemed by the Architectural Control Committee to be a nuisance or offensive shall be permitted to be kept or maintained on any Lot. No kennel or other area intended to restrain or enclose animals shall be constructed without the approval of the Architectural Control Committee and, if approved, shall not be located on the Lot in such a fashion as to create a nuisance for any adjacent Lot Owner and shall at all times be kept in a clean and odor free condition. Crarbage and Refi~se Di.qpo~al: No part of said property shall be used or maintained as a dumping ground for rubbish, trash or other waste. No garbage, trash or other waste shall be kept or maintained on any part of said property except in a sanitary container. Any incinerators or other equipment for the storage or disposal of such material must not violate setback restrictions, must be enclosed with an aesthetic screen or fence, as may be approved by the Architectural Control Committee and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page - 10. 1/14/02 Fo Go Jo shall be kept in a clean and sanitary condition. All garbage, refuse and animal waste shall be properly and promptly cleaned and stored and appropriately removed fi:om each Lot so as to prevent unsightliness or unnecessary or unreasonable odors. Nui.qanee: No noxious, offensive or unsightly conditions (including but not necessarily limited to smells, sights and sounds) shall be permitted upon any part of said property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No exposed energy production devices, antennae or satellite dishes shall be erected on the Properties without the prior approval of the Architectural Control Committee, which approval may be withheld in its sole discretion. All exterior lighting shall be placed in such a manner to minimize glare and excessive light spillage onto neighboring Lots in accordance with the provisions of the applicable ordinances. Temporary Residence: No trailer, track camper, tent, garage, ham, shack or other outbuilding shall at any time be used as a residence temporarily or permanently on any part of said Properties. Parking. Storage of Vehicles and Equipment: Parking or storage of boats, trailers, motorcycles, tracks, truck campers, motorhomes, recreational vehicles, and like equipment, or farm or garden equipment, or junk cars or other unsightly vehicles, except passenger cars and light tmcks (one-ton capacity and under) which are in good operating condition and regularly used, shall not be permitted on any Lot nor on the Private Road, unless the same are screened fi:om view in a manner approved in writing by the Architectural Control Committee, except that one (1) recreational vehicle may be parked and stored in plain view on each Lot without such approval fi:om the Architectural Control Committee. All other parking or storage of equipment shall be prohibited, except as approved in writing by the Board of Directions of the Association. Any vehicle awaiting repair or being repaired shall be removed from the subdivision within 48 hours. I easing Restrictions: Any lease (as defined below) between an Owner and his tenant shall provide that the terms of the lease shall be subject in all respects to the provisions contained in this Declaration, any applicable Association's Articles of Incorporation and its Bylaws, and that any failure by said tenant to comply with the terms of such documents shall be a default under such lease. For the purposes of this Declaration, a "lease" shall mean any agreement for the leasing or rental of a Dwelling Unit or any portion of a Lot (including a month-to-month rental agreement); and all such leases shall be in writing. Leases of all or part of a Lot for agricultural purposes may be permitted so long as the agricultural use undertaken on that Lot does not conflict or interfere with the residential character of the subdivision. Other than the foregoing, there is no restriction on the fight of any Owner to lease his Dwelling Unit. Sewer Restrictions: Until public sewer facilities are available to the subdivision, all sewage disposal for each Lot shall be in a private septic tank system which shall be DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page - 11. 1/14t~ No designed, constructed and installed on each Lot in accordance with the requirements of the governmental entities having jurisdiction thereof. The Declarant shall have no obligation for the construction or approval of any sewage disposal system or the connection thereof. All bathroom, sink and toilet facilities shall be located inside the Dwelling Unit or other suitable appurtenant building. I andqcaping: Within ninety days after occupancy of the Dwelling Unit located thereon, that portion of each Lot adjacent to the Dwelling Unit shall be landscaped as approved by the Architectural Control Committee. A landscape plan shall be submitted to and approved by the Architectural Control Committee, as provided in Article XI, prior to commencement of any landscaping work. Any plantings that do not survive transplanting or that do not present a healthy appearance shall be promptly replaced. Fence.q: No fence of any kind shall be constructed or installed on a Lot except, on the exterior boundary thereof, a three mil white vinyl fence, and/or at any interior location thereon a white vinyl fence of alternate design, as may be approved in writing by the Architectural Control Committee prior to construction or installation. No fence or hedge located on a Lot shall have a height greater than six feet above the surface of the ground upon which it is located. The construction or maintenance of spite fences or spite trees or shrubs shall be prohibited upon all Lots. All fences shall be constructed in a substantial manner and shall be maintained at all times in good repair. It is the intent of the Declarant that the Architectural Control Committee shall have the authority to regulate all fences within the subdivision to the end that the location, type and size of each fence and the materials used therein shall, to the extent reasonably possible, present a reasonably coordinated appearance and be appropriate in a rural atmosphere. Nothing herein contained shall be construed to require the con_stmction of any fences, nor shall any Lot owner have the right of contribution fi:om any other Lot owner for the construction of a fence along a common boundary line. Drilling and Fxplomfion: No oil or mining exploration or development of any kind or nature nor any structures in connection therewith shall be permitted to be erected, maintained or used on any Lot and no minerals shall be permitted to be extracted on any Lot. Nothing herein contained shall be construed to prohibit the drilling and use of a water well on a Lot. Signs: No cOmmercial billboard or advertising shall be displayed to the public view on or fi:om any Lot. Owners may advertise a Dwelling Unit and Lot for sale by displaying a single, neat and reasonably sized sign on a Lot. Other temporary signs advertising the name of the builder or the name of the institution providing financing may be displayed on a Lot during construction of improvements. One entry sign may be placed on each Lot naming the property or the owner thereof, provided the plans and specifications therefore, including the location, design, material and color thereof have been approved in writing by the Architectural Control Committee prior to installation. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page - 12. 1/14/02 Oo Riding Arenas: No arena or other similar area designed for the riding of animals shall be constructed on a Lot unless the plans and specifications therefore, including the location, design, material and color thereof, have been approved in writing by the Architectural Control Committee prior to construction or installation. Po Parking Rights: Any automobile or other vehicle used by any Owner shall be parked in the driveway or garage which is a part of his Dwelling Unit. Parking of any vehicles on the Private Road shall at all times be prohibited. ARTICLE X: RI III DING RFSTRICTIONq Section 1. Dwelling l Init SiTe: No Dwelling Unit shall be constructed or placed on any Lot containing more than one story above the finished grade of the private road adjacent thereto nor containing less than 2000 square feet of floor area (measured from the outside of the exterior walls) intended and suitable for use as living area, not including a garage or a basement. The foregoing shall not, however, be construed to prohibit the construction of a daylight basement which is below or partially below the elevation of the finished grade of the private road adjacent to the subject Lot nor the construction of finished "bonus rooms" which are integrated into the tresses of the roof system of the Dwelling Unit. In no event shall a mobile home, manufactured home or relocated home be erected, placed or permitted to remain on any Lot. Section 2. Setback: Subject to the right of the Architectural Control Committee to approve the site plan for any building to be con_stmcted upon a Lot, all setbacks shall be in accordance with the more restrictive of either the requirements of the applicable ordinances or as follows: (a) 30 feet from the Private Road easement boundary; (b) 20 feet from any side Lot line for a Dwelling Unit; and (c) 10 feet from any side Lot line for any outbuilding (provided said outbuilding is located behind the rear plane of the principal Dwelling Unit). Section 3. Obligation tn Complete Conqtmefion: Following the date of commencement of construction, the Owner shall be obligated to diligently and continuously proceed therewith to completion of the entire exterior of the dwelling within nine months, except for incidental items which cannot be completed because of adverse weather, provided that such items shall be completed promptly when weather permits. Prior to the date of commencement of construction, the Owner shall maintain such Owner's Lot free of accumulation of trash or debris and vegetation that may create a fire hazard or which is unsightly. Section 4. Construction Requirements: Each Dwelling Unit may have wood siding (redwood, cedar or spruce which may be stained or painted) or a combination of wood, stone, manufactured or synthetic stone, stucco, masonry or masonite tree lap siding with ten inch or less lap. Each Dwelling Unit must have exterior brick, stone, manufactured or synthetic stone or stucco on the front elevation. All roofs shall be comprised of wood shake shingles, architectural asphalt shingles, metal (as may be approved by the Architectural Control Committee) or tile. The exterior surfaces of each Dwelling Unit shall have such colors as may be approved by the Architectural Control Committee. All windows shall be of the anodized type or better (no raw aluminum frames). All fireplace chimneys must be of masonry or metal and, if metal, shall be wrapped with DECLARATION OF COVENANTS, CONDmO}4S tu'X~D m~STmCrlONS, Page. 13. l/lad02 the same materials as exist on other areas of the exterior of the Unit to within one foot of the top cap. Each Dwelling Unit must have at least two exterior lights illuminating the garage door openings and one exterior light for the fi:om entryway(s). Section 5. l lfilitie.q: The connection to all utility facilities shall be under ground and shall be inspected and approved by the appropriate governmental entity having jurisdiction thereof and the company providing the utility service, if required. Utility meters shall be placed in an unobtrusive location where possible. Each Owner shall be responsible to pay for any extension of electrical service or facilities for the placement of a meter or a transformer beyond that provided for such Lot. Section6. Outbuilding, q: No outbuildings, accessory structures, separate garages, barns, and shelters may be constructed on a Lot unless approval therefore has been granted by the Architectural Control Committee. All approved outbuildings shall be constructed of exterior material similar to or compatible with the Dwelling Unit so as to be aesthetically compatible therewith, and may only be constructed simultaneous with or after a Dwelling Unit has been constructed on the Lot. Section 7. Maintenance Dining Cnnqtmetion: The following requirements shall apply during the construction of improvements on a Lot: A. All debris shall be removed fi:om the Lot prior to each weekend; B. No materials shall be placed or kept on any adjoining Lots; Co Vehicles belonging to workmen or used in the construction of the improvements shall not be parked in front of occupied Dwelling Units or interfere with traffic on public streets or private streets; Do Utilities, including water, shall not be taken fi:om any other Lot without the approval of the Owner thereof; Eo A receptacle for trash and debris shall be located on the subject Lot and shall not be over filled; Fo Each Owner shall be responsible to repair any damage which may occur during the construction period to any road, mailbox, utility facility or other onsite or offsite improvement caused by the Owner or Owner's agents. Section 8. To the extent that the existing Dwelling Unit located on Lot 1 is not in compliance with the restrictions contained in this Article X as of the date hereof, and for so long as the said Dwelling Unit remains in its present configuration, the provisions of this Article X shall not apply thereto. ARTICLE XI: ARCI-IITFCTIIRAI CONTROl DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page - 14. 1/14/02 Section 1. Architectural Control Committee: In order to protect the quality and value of the homes built on the Properties, and for the continued protection of the Owners thereof, an Architectural Control Committee is hereby established consisting of three (3) or more members to be appointed by the Board of Directors of the Association. The Board of Directors of the Association shall appoint members to the Architectural Control Committee at each annual meeting of the Board. Section2. Approval.qReqnired: No building, fence, wall, patio cover, window awning or other structure or landscaping improvements of any type shall be commenced, built, constructed, placed, or maintained upon any Lot, nor shall any exterior addition, change or alteration of existing improvements be made, until the plans and specifications showing the nature, kind, shape, configuration, height, materials, location and such other detail as the Architectural Control Committee may require, shall have been submitted to and approved in writing by the Architectural Control Committee as to harmony of external design and location in relation to surrounding structures and topography and as to conformity with requirements of this Declaration. In the event the Architectural Control Committee fails to approve, disapprove, or specify the deficiency in such plans, specifications and location within thirty days at, er submission to the Architectural Control Committee in such form as they may require, it shall be deemed approved. The Architectural Control Committee shall have the right to refuse to approve any design, plan or color for such improvements, construction or alterations which, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. In so passing in such design, the Committee shall have the privilege in the exercise of its discretion to take into consideration the suitability of the proposed structure or alteration, the materials of which it is to be built, and the exterior color scheme in relation to the site upon which it is proposed to be erected. The Architectural Control Committee may also consider whether the design of the proposed structure or alteration is in harmony with the surroundings, the effect of the structure or alteration when viewed from adjacent or neighboring property, and any and all other facts which, in the Architectural Control Committee's opinion, shall affect the desirability of such proposed improvement, structure or alteration. Actual construction shall comply substantially with the plans and specifications approved. Section3. Snbmi.q~qion.q: Requests for approval of the Architectural Control Committee shall consist of such documents and' other materials as may be reasonably requested by the Architectural Control Committee including, without limitation, the following: Site Plan. A site plan showing the location of buildings and all other structures and improvements, including fences and walls on the Lot, Lot drainage and all setbacks and other pertinent information related to the improvements. ltuilding Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east, and west sides, detailed exterior specifications for each building which shall indicate, by sample, if required by the Architectural Control Committee, all exterior colors, material and finishes, including roof, to be used. Garage, accessory and outbuildings to be located on a Lot shall be architecturally and visually compatible and harmonious with the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page - 15. 1/14/02 principal building on the Lot as to style and exterior colors and shall not be higher than ten feet above the roof line of the principal building on the Lot. No building permit can be issued without Architectural Control Committee approval. I and.qcape Plan A landscape plan for that portion of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berms and mounding, grading, drainage, sprinkler system, fences, free standing exterior lights, driveways, parking areas and walk ways. Section 4. Rnles and Regidation.q: The Architectmal Control Committee is hereby authorized to adopt roles and regulations to govern its procedures and the requirements for making submissions and obtaining approval as the Committee deems appropriate and in keeping with the spirit of due process of law. The Architectural Control Committee is further hereby empowered to adopt such roles and regulations as it shall deem appropriate, consistent with the provisions of this Declaration, pertaining to matters of design, materials, colors, and aesthetic interests. Any such roles and regulations may be amended from time to time, in the sole discretion of the Architectural Control Committee. The failure of the Architectural Control Committee to adopt any such roles and regulations shall not form the basis for an attack upon the exercise of Architectural Control Committee's discretion, it being the intent of this Declaration to provide the Architectural Control Committee with as broad discretion as is permissible under the law. Section 5. Fees: The Architectural Control Committee may establish, by its adopted roles, a fee schedule for an architectural review fee to be paid by each Owner submitting plans and specifications for approval. No submission for approval will be considered complete until such fee has been paid. Such fee shall not exceed such reasonable amount as may be required to reimburse the Architectural Control Committee for the costs of professional review of submittals and the services of a consultant to administer the matter to its completion, includ'mg inspections which may be required. Section 6. Waiver: The approval of any plans, drawings or specifications for any structure, improvement, or alteration, or for any matter requiring the approval of the Architectural Control Committee, shall not be deemed a waiver of any right to withhold approval of any similar plan, drawing, specifications, or matters subsequently submitted for approval. Section 7. Variances: The Architectural Control Committee may authorize variances from compliance with any of the architectural provisions of this Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Arclfitecmrai Control Committee, and shall become effective upon recordation in the office of the Ada County Recorder. If such variances are granted, no violation of the covenants, conditions or restrictions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as tothe particular Lot and particular provision hereof covered by the variance, nor shall it effect in any way the Owner's obligation to comply with all governmental laws and regulations effecting such DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page - 16. 1/14/02 Owner's use of the Lot, including but not limited to zoning ordinances or requirements imposed by any governmental or municipal authority. Section 8. I lability: Neither the Architectural Control Committee nor any member thereof shall be liable to the Association, any Owner, or any other party, for any damage suffered or claimed on account of any act, action or lack thereof, or conduct of the Architectural Control Committee or any members thereof, so long as the Architectural Control Committee, or the respective members thereof, acted in good faith on the basis of information they then possessed. Section 9. Con.gtmction and Sales Period Fxcepfion: During the course of construction of any permitted structures or improvements and during the initial sales period, the restrictions (including sign restrictions) contained in this Declaration or in any Supplemental Declaration shall be deemed waived to the extent necessary to permit such construction and the sale of all Dwelling Units; provided that, during the course of such construction and sales, nothing shall be done which will result in a violation of these restrictions upon completion of constmction and sale. Further, Declarant shall have the right to select and use any individual Dwelling Units owned by it as models for sales purposes. ARTICLE XII: INSIIRANCF AND BOND Section 1. lnquranee: The Association may obtain and keep in full force and effect at all times the following insurance coverage provided by companies duly authorized to do business in Idaho. The provisions of this Article shall not be construed to limit the power or authority of the Association to obtain and maintain insurance coverage in addition to any insurance coverage required hereunder in such amounts and in such forms as the Association may deem appropriate from time to time. A multi-peril-type policy covering any Association owned property, providing as a minimum fire and extended coverage and all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for projects similar in construction, location and use on a replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based upon replacement cost). Bo A comprehen~sive policy of public liability insurance covering the Common Area and Private Road right-of-way. Such insurance policy shall contain a severability of interest endorsement which shall preclude the insurer from denying the claim of a Dwelling Unit Owner because of negligent acts of the Association or other Owners. The scope of coverage must include all other coverage in the kinds and amounts required by private institutional mortgage investors for projects similar in construction, location and use. If the properties contain more than one hundred (100) Units, coverage shall be for at least $1,000,000 per occurrence, for personal injury and/or property damage. Co Workmen's compensation and employer's liability insurance and all other similar insurance with respect to employees of the Association in the amounts and in the forms now or hereafter required by law. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page - 17. 1/14/02 Section 2. Optional Insurance: The Association may obtain and keep in full force and effect at all times the following insurance coverage provided by companies duly authorized to do business in Idaho. Liability insurance affording coverage for the acts, errors and omissions of its directors and officers, including members of the Architectural Control Committee and other committees as may be appointed from time to time by the Board of Directors of such association in such amount as may be reasonable in the premises. The Association may obtain bonds and insurance against such other risks, of a similar or dissimilar nature, as it shall deem appropriate with respect to the protection of the properties, including any personal property of the Association located thereon, its directors, officers, agents, employees and association funds. Section 3. Additional Provisions: The following additional provisions shall apply with respect to insurance: A. Insurance secured and maintained by the Association shall not be brought into contribution with insurance held by the individual Owners or their mortgages. Bo Each policy of insurance obtained by the Association shall, if possible, provide: A waiver of the insurer's subrogation fights with respect to the Association, its officers, the Owners and their respective servants, agents and guests; that it cannot be canceled, suspended or invalidated due to the conduct of any agent, officer or employee of the Association without a prior written demand that the defect be cured; that any "no other insurance" clause therein shall not apply with respect to insurance held individually by the Owners. Co All policies shall be written by a company licensed to write insurance in the state of Idaho and all hazard insurance policies shall be written by a hazard insurance carder holding financial rating by Best's Insurance Reports of Class VI or better. ARTICLE XIII: CONDFMNATION Section 1. Con~qequence.q of Condemnation: If at any time or times, all or any part of the Association owned property shall be taken or condenmed by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. Section 2. Proeeedq: All compensation, damages, or other proceeds therefrom, the stun of which is hereinafter called the "condemnation award," shall be payable to the Association. Section 3. Apportionment: The condemnation award shall be apportioned among the Owners having an interest in the condemned property equally on a per-lot basis. The Association shall, as soon as practicable, determine the share of the condemnation award to which each Owner is entitled. Such shares shall be paid into separate accounts, one account for each Lot. Each such account shall remain in the name of the Association and shall be further identified by Lot number DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page - 18. 1/14/02 and the name of the Owner thereof. From each separate account, the Association, as attomey-in- fact, shall use and disburse the total mount of such accounts, without contribution from one account to the other, first to Mortgagees and other lienors in the order of priority of their Mortgages and other liens and the balance remaining to each respective Owner. ARTICLE XIV: MORTGAGFF PROTFCTION Notwithstanding anything to the contrary contained in this Declaration or in the Articles or Bylaws of an Association: Ao The Association shall maintain an adequate reserve fund for the performance of its obligations, including the maintenance, repairs and replacement of PriVate Roads and improvements thereon, and such reserve shall be funded by at least annual assessments. Bo The holders of first Mortgages shall have the fight to examine the books and records of any Association and to require annual reports or other appropriate financial data. Co Any management agreement for the Properties or any other contract providing for services of the developer, sponsor or builder, shall be terminable (i) by the Association for cause upon thirty (30) days' written notice thereof, and (ii) by either party without cause and without payment of a termination fee on ninety (90) days' or less written notice thereof, and the term of any such agreement shall not exceed one (1) year. Do Any lien which the Association may have on any Dwelling Unit for the payment of assessments attributable to such Unit will be subordinate to the lien or equivalent security interest of any Mortgage on the Unit recorded prior to the date notice of such assessment lien is duly recorded. Eo Unless all institutional holders of first Mortgages have given their prior written approval, the Association shall not: By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area or Private Road right-of-way. (The granting of easements for public utilities or for other public purposes consistent with the intended use of such common area property shall not be deemed a transfer within the meaning of this clause.) Change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner. By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Dwelling Units, the maintenance of the Common Area or the Private Road or the upkeep of lawns and plantings in the subdivision. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page - 19. 1/14/02 Amend materially this Declaration, the Association's Articles of Incorporation or Bylaws. ARTICLE XV: GFNFRAI PROVISIONS Section 1. Fnforcement: The Association or any Owner or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by an Association, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severabili~y: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. SeCtion 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association or the legal Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of fifteen (15) years from the date this Declaration is recorded. Except as otherwise provided herein, any of the covenants and restrictions of this Declaration, except the easements herein granted, may be amended by an insmunent signed by members entitled to cast not less than sixty-six and two-thirds percent (66-2/3%) of the votes of membership. Any amendment must be recorded. Section 4. Assignment by Declarant: Any or all rights, powers and reservations of Declarant herein contained may be assigned to an Association or to any other corporation or association which is now organized or which may hereafter be organized and which will assume the duties of Declarant hereunder pertaining to the particular fights, powers and reservations assigned, and upon any such corporation or association evidencing its intent in writing to accept such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised by Declarant alone, so long as it owns any interest in any portion of said property. Section 5. Other Re.~etion.q These restrictions are intended to be supplemental to any other private restrictions applicable to the Properties and in the event these restrictions shall conflict with any other restrictions, the more restrictive shall apply. DECLARATION OF COVENANTS, CONDrrIoNS AND RESTRICTIONS, Page- 20. 1/14/02