HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST
Project Name:
Contact Name:
Leeshire Subdivision
Shawn Nickel
File No.
Phone:
PP 04-024
938-3812
Date Received from Planning and Zoning Department:
Planning and Zoning Level: Hearing Date:
❑X Transmittals to agencies and others:
I —XI Notice to newspaper with publish dates:
❑ Certifieds to property owners:
❑ Planning and Zoning Commission Recommendation
Notes:
19-Jul-04 and
June 28, 2004
August 5, 2004
July 1, 2004
2-Aug-04
0 Approve ❑ Deny
City Council Level: Hearing Date:
❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
❑ Certifieds to property owners:
❑ City Council Action: ❑ Approve
❑ Findings / Conclusions / Order received from attorney on:
Notes:
and
❑ Deny
Findings / Conclusions / Order:
R••pluHpn•.
Onpinal Res/Copy Cent. Minutabook
❑
Approved by Council:
CPPyRea/CoE,rgipy CryCle
City Engineer
City Planner
Copies Disbursed:
ON attorney
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Prq.e tFile
ElFindings
Recorded
Deputy CleM1
CoD Res/0,gna'Cen
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Development
Agreement:
Apphic ii` +CPAs)
R•cpro•°°••
Ong- Minutebook
❑
Sent for signatures:
C,pesto City Cleric
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❑
Signed by all parties:
ers
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Citygi...
City Engineer
Approved by Council:
Ci,❑ ,i- Planner
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❑
Recorded:
Deputy Clerk
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Original. Minutebook
❑
Copies Disbursed:
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Approved by Council:
Rwo. D-17..ot Ag,ii M.
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❑
Recorded: Deadline: 10 days
Copies to ApPNcal
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roEngineer
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❑
Published in newspaper:
Cary Planner
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❑
Copies Disbursed:
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Shaun Wardle
William L. M. Nary
Charles M. Rountree
Keith B d
CITY Oh:"'� '-
tl II AHO V�
LEGAL DEPARTMENT
(208) 466-9272 • FAX 466-4405
PARKS & RECREATION
(208) 888-3579 • Fax 898-5501
PUBLIC WORKS
(208)898-5500• Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
it ( lggg PLANNING & 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: July 1, 2004
File No.: PP 04-024
Request:
By:
July 29, 2004
Hearing Date: August 5, 2004
vrenminary Plat approval for 89 building lots & 20 common lots on 29.69 acres in proposed
R-4, C-N & L-O zones for proposed Leeshire Subdivision
SWI Associates, LLC
Location of Property or Project: 5603 N. Locust Grove Road
David Zaremba, P/Z (No FP)
David Moe, P/Z (No FP)
Wendy Newton-Huckabay, P/Z (No FP)
Michael Rohm, P/Z (No FP)
Keith Borup, P/Z (No FP)
Tammy de Weerd, Mayor
Bill Nary, C/C
Charlie Rountree, C/C
Keith Bird, C/C
Shaun Wardle, 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/PP only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP only)
Qwest (FP/PP only)
Intermountain Gas (FP/PPonly)
Bureau of Reclamation (FP/PP only)
Idaho Transportation Department (No FP)
Ada County Land Records
Meridian Development Corporation
Historical Preservation Commission
33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433
City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813
1 _ FILE,
CITY OF MERIDIAN -
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208) 884-5533 Phone / (208) 888-6854 Fax
REQUEST FOR SUBDIVISION APPROVAL
PRELIMINARY PLAT
(RE: Meridian Subdivision Ordinance - 12-3-1 thru 12-3-6)
GENERAL INFORMATION
1. Name of annexation and subdivision: Leeshire Subdivision
2. Address, general location of site: 5603 N. Locust Grove, Approx '/s mile north of McMillan Road
3. Owner(s) of record: Grant & Joyce Lee
Address: 5603 N. Locust Grove Road Meridian_ Idaho 83709
Telephone: Fax: E-mail:
4. Applicant: SWI Associates, LLC
Address: 4700 N. Cloverdale Road, Suite 214 Boise ID 83713
Telephone: 672-1222 Fax: _672-0444 E-mail:
5. Engineer: Richard Tomlinson Firm: Tomlinson Consulting Inc.
Address: 205 N. 10'' Street Suite B100 Boise, Idaho 83702
Telephone: 871-0579 Fax: E-mail:
6. Name and address to receive City billings- Name: SWI Associates, LLC
Address 4700 N. Cloverdale Road Suite 214 Boise ID 83713 Telephone 672-1222
Representative: Shawn L. Nickel, Land Consultants, Inc. 52 N. 2" d Street Eagle, 83616
PH. 938-3812 FAX 938-5873 Email shawn@landconsultants,net
PRELIMINARY PLAT FEATURES
1. Acres: 29.69 acres
2. Number of building lots: 89 (87 residential, 2 commercial/office) _
3. Number of other lots: 20 (common)
4. Gross density per acre: 2.93 (Number of dwelling units per acre of total land to be developed)
5. Net density per acre: (Number of dwelling units per acre of land excluding roads)
6. Zoning District(s): Existing: RUT (County) Proposed: R-4 &D)
7. Does the plat border a potential green belt or pathway? Yes
8. Have recreational easements been provided for? No
9. Are there proposed recreational amenities to the City Yes Explain Pathway running
north/south for future alignment of City pathway system
10. Are there proposed dedications of common areas? No Explain
For future parks? No Explain
11. What school(s) service the area? Meridian School District Do you propose any
agreements for future school sites? No Explain
12. Are there any other proposed amenities to the City? No Explain
13. Type of building (residential, commercial, industrial, office or combination): Combination
1 /111cI'. ; / 0 0
14. Type of dwelling(s) (single family, duplexes, multiplexes):Detached & Attached
15. Proposed development features:
a. Minimum square footage of lot(s):_ 5,991 square feet
b. Minimum square footage of structure(s) 1 100 s . ft. on attached homes
C. Are garages provided for? yes Square footage: TBD
d. Has landscaping been provided for? yes Describe: Landscape strips parks
drainage areas, roadway buffers islands
e. Who will own and maintain the pressurized irrigation system in this
development? Home owners association or Nampa Meridian Irrigation District
Irrigation District: Nampa Meridian Irrigation District
f. Are any lots intended for multi -family dwellings? Yes Type: Attached
g. Are there special set back requirements? Yes Explain: Zero lot -line side
yard setback reduction 15 foot front yard setback for attached units
(through PD)
h. Were protective covenants submitted? Yes Date: June 04, 2004
16. Does the proposal land lock other property? No Does it create Enclaves? No
STATEMENTS OF COMPLIANCE
1. Streets, curbs, gutters and sidewalks are to be constructed to 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 includes all appropriate easements.
6. Street names do not conflict with City grid system.
7. All items noted on the preliminary plat checklist have been completed.
I have read the information contained herein and certify the information is true and correct and
that this plat is in compliance with the above statements6Si
turjoAppli t
2 Rev. 11103103
Land Consultants Inc.
52 N. 2ND Street • Eagle Idaho 83616 • Office 208.938.3812 • Fax 208.938-5873
June 4, 2004
Honorable Mayor and City Council
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
RE: Leeshire Subdivision Annexation/Zoning, PUD and Preliminary Plat — Letter of Intent
Dear Mayor and Council;
As representative for SWI Associates, LLC, please accept this application for Leeshire Subdivision,
located on the east side of S. Locust Grove Road, approximately % mile north of McMillan Road in
Meridian, Idaho, Section 30, Township 4 North, Range 1 East of the Boise -Meridian. Leeshire
Subdivision includes 29.69 acres and has been designed as a Planned Development with 109 lots (87
residential, 20 common, 2 commercial/office) and includes a request for annexation with a zoning
designation of R-4 (Low Density Residential), C-N (Neighborhood Commercial) and L-O (Limited
Office). Included within this application is a request for a conditional use permit for the planned
development. A density of 2.93 dwelling units per acre is proposed.
This letter is included with the land use applications for the annexation and zoning, CUP and
preliminary plat, together with filing fees and various exhibits.
The enclosed preliminary plat and conditional use permit applications have been submitted in
accordance with the requirements of the Meridian Zoning Ordinance. The development has also been
designed to be in compliance with the intent of the Meridian Comprehensive Plan. Specific
Comprehensive Plan policies that support the requested zone change include:
Population Growth Goal 1, Objective A, Action 6 (New residential development with
provided Urban Services);
Services Goal II, Objective A, Transportation, Action 6 (Street connections between
subdivisions);
Land Use Goal I, Objective B, Action 3 (Location of small-scale neighborhood commercial
within planned residential developments as part of development plan), ; Goal III, Ensure
public services, Objective A, Action 1 (Development projects planned public services); Goal
IV, Objective C, Action 1 (compatibility), 3 (usable open space), 5 (sidewalks, curbs, gutters,
etc.), Objective D, Transportation Corridors, Action 2 (Restrict curb cuts/access on collectors),
Action 10, (Support variety of residential categories); Goal V, Objective C, Quality, Action 1
(Require common area);
An R-4 zoning designation is being requested for this annexation with the subdivision plat containing
residential lots ranging in size from a minimum 5,991 square feet to approximately 14,200 square feet.
The existing Lee home, located on platted Lot 30, Block 4 shall be retained and be a part of the
subdivision. All remaining structures on site shall be removed as noted on the preliminary plat. All
streets and alleys will be public and will be constructed, along with curb, gutter and sidewalks, to Ada
County Highway District and Meridian City standards. A C-N (Neighborhood Business) and L-O
(Limited Office) zoning designation is requested along Locust Grove Road for future neighborhood
type services. Sewer and water service will be available to service this development and will be
provided by the City of Meridian. Drainage will be handled by on -site detention areas and will be
designed to the standards of all appropriate regulatory agencies. A pressure irrigation system will be
provided for all lots within the development. The Meridian Fire Department has been consulted
regarding the layout of the subdivision with any concerns addressed within the design.
The existing Lee home, located on platted Lot 30, Block 4 shall be retained and be a part of the
subdivision. All remaining structures on site shall be removed as noted on the preliminary plat.
This development is being submitted as a Planned Development (PD), under the guidelines set forth in
Chapter 6 of the Meridian Zoning Ordinance. Specifically, this development meets the purpose
statement for a PD by providing a development that preserves scenic features, provides a more
efficient pattern of residential and commercial uses, fosters innovative design concepts and provides
for both common open space and amenities not found in traditional developments. The PD process
and the site design provide the following features:
1) By utilizing the PD process, a variety of housing types have been provided within this
development. These housing types include:
A) A mix of single family attached and detached dwelling lots ranging in size from
5,900 to 8,000 square feet. The plan provides 23 alley loaded lots with a 20 foot
alley and garage set -backs at a minimum of 15 feet from the alley. In addition,
there are 35 lots with front garage access of which at least 50% of these residential
units will have the garages located at or behind a 35 foot set -back from the front
property line. These lots also provide a transition with the proposed commercial
and office parcels requested along North Locust Grove.
The application also requests the inclusion of zero -lot line set -backs on Blocks 1
through 3 and Lots 3 through 16, Block 4. This allows for a mix of product design
including the attachment of the garages to enhance the architectural street
appearance.
B) The plan also provides for 28 standard single family detached dwelling lots
ranging in size from 9,500 to 14,000 square feet plus the existing residence on
approximately 1.34 acres. These larger homes will be located adjacent to the
larger home sites of Saguaro Canyon on the west, the larger parcels in the
Larkwood neighborhood to the south, and the existing parcel to the north.
2) Although the applicant can achieve the variety of housing sizes through the reduction in
design standards, this development is not seeking an increase in the residential density of
up to 10%, as allowed by the ordinance. The proposed density of 2.93 dwelling units per
acre meets the allowed density for the R-4 base zone.
3) This PD application also includes a request for two lots along North Locust Grove for
future commercial and office uses. The uses on these lots are unknown at this time, but
will be neighborhood friendly uses subject to future land use review by the City.
Through this PD application, proposed deviations from the development standards of the R-4 zone
shall include the following*:
1. A reduction in lot size below the standard 8,000 square feet;
2. A reduction in the minimum street frontage requirement below 80 feet; and
3. A zero lot line side yard setback to allow for the attached structures on Blocks 1 through 3
and Lots 3 through 16, Block 4.
*See Preliminary Development Plan for Specific Lot #'s
The development has been designed to include landscaped common areas and amenities that satisfy
both the PD Ordinance and the Subdivision standards. The common areas include exterior roadway
buffers, in addition to interior streetscape landscaping, and open space parks. The total open space
areas account for 3.54 acres (11.9%) of the property. The parks allow for diverse uses in two
locations, a landscaped buffer with the large parcels in Larkwood to the south, and useable open
space. All common landscape area lots would be owned and maintained by the Homeowners
Association that will be established for the subdivision. Amenities proposed within this PD include a
10' pathway that aligns with the future City pathway system, a tot lot and/or basketball court located
within the large park lot, and passive recreational amenities such as picnic benches and/or a gazebo
within the open space lot at the entrance to the subdivision.
The plan also includes a five foot planting strip between the back of curb and the sidewalk. This will
enhance the visual appeal of the community, the integration of the landscaping with the home
architecture, and the pedestrian safety. The plan also enhances the pedestrian friendly attributes by
providing an additional ten foot landscaped buffer across the streets from the single loaded Lots 3
through 16, Block 4 and Lots 3 through 15, Block 1. In addition, the entrance to community will have
a landscape easement over the two commercial and office lots which will be installed by the developer
and maintained by the homeowner's association until such time as the commercial and office parcels
are developed.
In all, Leeshire Subdivision will be a quality and compatible addition to this area of Meridian. The
development is adjacent to similar zoned residential development and densities to the west, and
provides consideration for future development along its remaining boundaries. The requested zoning
to R-4, C-N and L-O is in compliance with the City's Comprehensive Plan and will benefit the public
interest by providing a mix of desirable housing needs to this area of the City while allowing for the
continued improvement and expansion of city services and an increase in the City's tax base. Through
the PD process, the applicant can achieve a mixture of uses and a variety of housing styles while
providing usable open space and maintaining an appropriately compatible density. This application
submittal includes all items listed within the preliminary plat, conditional use permit and annexation
checklists. We look forward to working with you and your staff and request approval of this project.
Sincerely,
Shawn L. Nickel
Representing SWI Associates, LLC
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?—ROVE i r!.° LINE FIN rRECORDIIJG DATA
Order No.: 91029258 JH/RT
i`RjA.L�RANT DEED
FOR A UE REPCZPED CIUI L=S S. YOCHUM AND CAROL N J. YCC:-_ill, n-S&'u
A.LJD W7FE
GRAN'iOR(S), dces(dGRUNT, hereby GN i, BARGAIN, SELL and CONVEY unto GR:3LQT N. LEE
Al 70YC3 i. LEE, i USBM AY7D biIFS
a�� v
glv—�TTEE(S), whose current address is: 224 N. CLOVERDALE ROAD, BOISE, ID d
the feilowing described real properrj in ADA County, Statz- of Idaho, more paniculariy
dmcribetl as follows, to wit:
Ti1e.Cutile3at 1f4 of the S'CutttNe9C 1f4 CL the Northeast 1f4
and the South 1/2 of the Southeast 1f4 of the northeast i/4
in Section 30, Township 4 North, Range 1 East of the Boise
v,er_dian, in Ada County, Idaho.
EtCE2T that portion deeded to Ada County Highway District by
right of way deed recorded June 28, 1982, as Instrument No.
3227285, Official Records.
=JE,CT TO that certain. Deed of Tr,:st/Mortgage dataa� anuary 10,
1985, and recorded January 10, 1985, as Instrument No :""8501873
records of ADA County, Idaho, in favor of SMALL BUSINESS
ADMINISTRATION in the amount of $325,000.00, which Deed of
Trust/Mortgage the Grar_tee(s) herein assume and agree to pay
according to the terms thereof.
TO H A'Y.17 AND TO H01M the said premises, with their appurtenances unto the said Grantee(s), and
Gsantze(s) heirs and assigns forever. A.nd the said Grantor(s) does(do) hereby covenant to and with the said
uramegs), that C':antor(s) is/are the owner(s) in fe-- simple of said premises; that said premises are free from
all et', umbrances, EXCEPT hose to which this conveyance is exaressiy made subject and 'those Trade, suffered
or done by :he Grant,(s); and subject w reservations, restrictions, dedications, easements, rights of way and
agreements, (if any) of record, and general taxes and assessments, (inciuding irrigation and utility assessments,
if any, for the current year, which are not yet due and payable, and that Grantor(c) will warrrant and defend
the wine from all lawful claims whatsoever.
STATE OF IDAHO )
C. OUNTY OF ADA �
On this 25th day of October in the year of 1991 before me, the undersigned, a Nota,,;j
Public its and for said State, personally appeared CHAR - S S. YO(7n'L*ti AM C ROL N J
SLDCix'L'AS - -
known or identified to me to he the persen(s) whose names) is/are subscribed tG the within ins'uu':tieitt, and
acknowledged to me that he/she/they executed the same. ri
r
Signarure:
Name: RUTH TRI27iCA vS
Residing at: BOISE, IDAfiO
M, y Commis ion Expires: Dec iy , 1991
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
��P-xe kd,
(name) (address)
being first duly sworn upon
oath, depose and say:
(city) (state)
That I am the record owner of the property described on the attached, and I grant
my permission to:
(name) (address)
to submit the accompanying application pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and it's employees
harmless from any claim or liability resulting from any dispute as to the
statements contained herein or as to the ownership of the property which is the
subject of the application.
Dated this day of
TL)�
SUBSCRIBED AND SWORN to before me the day and year first above written.
�.•`���I1IC KEL•••O•••
a .
�J, ; It
Notary Public for Idaho
RY
1P Residing at
• O /
•�� YU0.�.� My Commission Expires:
i %%. •Its4
•�•••.,ysTATS O
Rev. 11 %03: `03
DEVELOPMENT STATEMENTS
FOR
LEESHIRE SUBDIVISION
6/04/04
1. TRAFFIC IMPACT:
On March 23, 2004, Shawn L. Nickel of Land Consultants Inc. and the project engineer
and developer met with Andrea Tuning of the Ada County Highway District regarding
traffic and layout concerns associated with this proposed development. During this
meeting, the main discussion was on existing and proposed stub street alignment, and
access and design standards.
It was also discussed whether a traffic study was needed for this project and it was
indicated by Ms. Tuning that a study was not necessary due to the information already
gathered for this area during the North Meridian Area study.
2. VARIANCE REQUEST:
The submittal of the Leeshire Subdivision does not require a request for variance to the
Meridian Zoning Ordinance. Reductions of any ordinance standards will be handled
through the PD process.
3. PRE -APPLICATION MEETING
On Monday, May 24, 2004, a pre -application meeting was held with Meridian City Staff.
Present at the meeting were Shawn L. Nickel of Land Consultants, Inc, Richard
Tomlinson of Tomlinson Consulting, Inc, and the developer, Barry Teppola and Mitch
Armuth. Meridian City staff present included Anna, Bruce and Steve S.
4. ADDITIONAL SERVICES
The applicant or user of the property 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.
~ 1450 East Watertower St.
DAH O Suite 150
SURVEY
Meridian, Idaho 83642
GROUP Phone (208) 846-8570
Fax (208) 884-5399
Project No. 04-083 Proposed Leeshire June 1, 2004
Subdivision
A parcel of land located in the South %2 of the South 1/2 of the NE 1/4 of Section 30, T. 4N., R.
1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner
common to Sections 19, 20, 29, and the said Section 30, from which the'/4 corner common to said
Section South 29 and 30 bears South 00°37'27" West, 2656.62 feet; thence South 00°37'27" West,
1992.49 feet to the Northeast corner of the South'/2 of the South %2 of the NE 1/4; thence North
89°53'46" West, 25.00 feet to a point on the West right-of-way of Locust Grove Road and the REAL
POINT OF BEGINNING.
Thence along said right-of-way South 00°37'27" West, 664.13 feet to a point on the East-
West mid -section line;
Thence along said line North 89°54'28" West, 1946.48 feet to the Northwest corner of
Larkwood Subdivision, as same is recorded in Book 58 of plats at Page 5494, records of Ada County,
Idaho;
Thence North 00°32'33" East, 664.41 feet to the Northwest corner of the SE 1/4 of the SW 1/4
of the NE 1/4;
Thence South 89°54'20" East, 657.45 feet to the Northeast corner of the SE %4 of the SW 1/4 of
the NE 1/4;
Thence South 89°53'46" East, 1289.98 feet to the Point of Beginning. Containing 29.69 acres,
more or less.
Prepared By:
Idaho Survey Gro_p, P.C.
.4
4431
-�O
D. Terry Peugh
Protess�onat Land Surveyors
From: John Priester Uohnp@adaweb.net]
Sent: Tuesday, May 25, 2004 4:53 PM
To: Shawn Nickel
Subject: RE: Subname approval
May 25, 2004
Shawn Nickel
Land Consultants, Inc
52N2ndSt
Eagle, ID 83616
RE: Subdivision Name Reservation LEESHIRE SUBDIVISION
Dear Shawn:
At your request I will reserve the name "LEESHIRE SUBDIVISION" 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 oiester
John E. Priester, P.E.L.S.
County Engineer
JP/ip
-----Original Message -----
From: Shawn Nickel[mailto:shawn@landconsultants.net]
Sent: Tuesday, May 25, 2004 4:25 PM
To: John Priester
Subject: Subname approval
Ada County Development Services
Mr. John Priester, P.E.L.S.
200 W. Front Street Suite 3191
Boise, Idaho 83702
May 24, 2004
Dear John,
On behalf of my client, I would like to reserve the name "Leeshire Subdivision" for a new residential
development located in Meridian, Idaho.
Thank you John for your consideration.
Shawn L. Nickel
PRE -APPLICATION MEETING NOTES
Appli
Engir.
Staff:
Proposed Development: 1A MX-+
Location: t Cawrrrc
Required Applications: AZ I
Existing Zoning-. lar
Comprehensive Plan Designation:
For Plats
Property Size: fi
Sewer.
Water:
Pressurized Irrigation:
Street Buffers:
Open Space & N icropaths:.
Landscape Plan:
Lot Size & Frontage:
Topography:
Hydrology:
Street System:
Pathway System:
Other Applications El Annexation
Annexation
❑ Rezone
❑ Conditional Use Permit
❑ Variance
❑ Lot Line Adjustment
❑ Comprehensive Plan Amendment
• Application Checklist Review
Other .Agencies to
wf .
_Proposed Zoning
Additional Pre -application Conference:
✓ Not recommended Recommended
Anticipated Submission Date: _ (T�- t �•
Anticipated Planning & Zoning Date: •
• -
Additional Notes: _
W�1_qQ_1ft_A1i.ar
DATE:-��o
Required
6444 41 i-.
The information provided during this meeting is based upon the current City of Meridian Zoning
Subdivsion Ordinance and applicable Comprehensive Plan and is validfor3 months Any subsequent G
changes to the Zoning or Subdivision Or&nance or Comprehensive Plan may al ectyour apph,cation.
r �,oT'3 ! 4t&.. � 3t+L ty, —� C L."'1- c.�tiw. "�'� F$' � O lc .
10 u,kNc,�..
AFFIDAVIT OF (FUTURE) POSTING OF PUBLIC HEARING NOTICE
FOR
LEESHIRE SUBDIVISION
I, Shawn L. Nickel, of Land Consultants, Inc., as authorized representative for
SWI Associates, LLC, do hereby affirm that the said property will be posted ten days
prior to the P&Z and City Council public hearings.
Shawn L. Nickel
Representing SWI Associates, LLC
Acknowledgement
STATE OF /dIZ-h 0 )
ss
COUNTY OF
6-3- o y
Date
Subscribed and sworn to before me a notary public in and for the State of /
.17
Notary Public
Residing at 611Je- , //j f 3/0,1/
Commission Expires 9�/y/T %
C01400
Of
Civil Engineering
Bob J. Arnold, PE
Geotechnical Engineering
Materials Testing & inspection Services
208-440-6276 Fax 208-322-7866 Warnoldpe(a-msn.com
May 1, 2004
Page 1 of 14
40404A002.doc
Legend Northwest
Mr. Mitch Armuth
4700 North Cloverdale Road, Suite 214
Boise, Idaho 83713
Re: Geotechnical Investigation
N. Locust Grove Property
Meridian, Idaho
Dear Mitch:
As per your request, on March 17, 2004, this engineer observed the excavation of
four test pits on the referenced project. As per our discussion, the test pits were generally
located in the corners of the property. Test Pit Logs have been prepared and are
included in this report. Labwork is also completed with all results reported on the Test Pit
Logs. It is noted that groundwater was not encountered in any of the test pits excavated
on this project.
Based on the observed conditions, the property is acceptable from a geotechnical
perspective for development as a residential subdivision. Single-family residences or
multi -family housing units can be constructed using standard construction methods.
Conventional strip foundations and either crawlspace or slab on grade floor systems are
acceptable. Foundations are to be designed based upon bearing pressures of up to 1500
psf on the native soils or structural fill extending to the native soils.
Recommendations for pavement design have been previously issued and are
repeated herein. Stormwater disposal recommendations are also included within this
report.
I appreciate this opportunity to be of service. Should you have any questions or
require additional information, please contact our office at your convenience.
6 ;.
cc: Tomlinson Engineering
iltant
Bob J. Arnold PE 5516 North Five Mile Road Boise, Idaho 83713
- Civil Engineering
Bob J. Arnold, PE
Geotechnical Engineering
Materials Testing & Inspection Services
208-440-6276 Fax 208-322-7866 Warnoldpe(a msn.com
May 1, 2004
Page 2 of 14
40404A002.doc
Geotechnical Investigation
North Locust Grove Development Project
N. Locust Grove Road - Ada County, Idaho
RESEARCH & BACKGROUND
As per your request, on April 7, 2004, this engineer observed the excavation of four
exploratory test pits on the west side of North Locust Grove, approximately one half mile
north of Chinden Boulevard, in Ada County, Idaho. Approximate test pit locations are
shown on the site aerial photo below.
Bob J. Arnold PE 6516 North Five Mile Road Boise, Idaho 83713
Civil Engineering
Bob J. Arnold, PE
Geotechnical Engineering
Materials Testing & Inspection Services
208-440-6276 Fax 208-322-7866 biarnoldpe(a-msn.com
May 1, 2004
Page 3 of 14
40404A002.doc
At the time of this investigation, the property was a single parcel with a large, single
residence located in the west end and numerous out buildings located on the east end of
the property. The fields visible were typically pasture grass or overgrown with weeds.
The large oval that is visible is a former training track for horses. An open irrigation ditch
crosses the subject property from south to north and is visible in the photo above. Due to
the present of utility lines to the various buildings, test pits were excavated west of the
irrigation ditch to avoid possible conflicts.
The purpose of this investigation was to generate an evaluation of the onsite soil
conditions, observe the groundwater's elevation, and evaluate the soil's engineering
properties. This engineer was retained to provide construction recommendations to the
project developer and the civil engineering consultant. Specific information requested
includes earthwork recommendations, pavement sections, and depth to seasonal high
groundwater. Recommendations for Homebuilders and Home Owners have also been
provided.
SITE PLAN
At the time of this investigation, no preliminary design was yet available.
Therefore, with input form the client and the project civil engineer test pits were excavated
in the four corners of the subject property. It is assumed that street sections are required
for both residential streets and arterials. Drainage swales, infiltration trenches, and / or
surface ponds are planned for the disposal of storm water.
Bob J. Arnold PE 5516 North Five Mile Road Boise, Idaho 83713
Civil Engineering
Bob J. Arnold, PE
Geotechnical Engineering
Materials Testing & Inspection Services
208-440-6276 Fax 208-322-7866 biarnoldpe(W-msn.com
May 1, 2004
Page 4 of 14
40404A002.doc
FIELD INSPECTION
Four soils test pits were excavated in the selected locations in an effort to confirm
that the observed conditions were continuous. It is noted that this is a preliminary
investigation and therefore distances of up to 400 feet separate the Test Pits. The test
pits were excavated with a wheel -mounted, backhoe equipped with twenty -inch bucket,
operated by Masco of Boise, Idaho. Representative samples were obtained from the spoil
piles and walls of the test pits. The samples were field classified by this engineer, labeled
according to test pit number and depth, bagged in plastic storage bags, and transported to
the laboratory for additional testing. Sieve analysis (ASTM Test Method C136-93),
Moisture Content (ASTM Test Method 2216-92) and Liquid Limit, Plastic Limit and
Plasticity Index (ASTM Test Method D 4318-93) testing were performed on selected
samples. Tests were performed in general accordance with the cited ASTM test methods.
After the above laboratory testing was completed, a sample was selected and forwarded
to a specialty soils laboratory for R-Value testing, (Idaho Method T-8). This result is also
included within this report.
OBSERVED CONDITIONS
Near surface soils on this project, consist of silts and / or sands or mixtures of the
two soils types. The root zone / organic layer is approximately six inches thick and
consist mostly of roots from the onsite sod, grasses, and weeds. It appears that 4-6
inches of grubbing will remove the organic materials. Less may be possible with irrigation
is halted and the organics are allowed to die and dry out. This is to be adjusted in the
field at the time of construction. Below the organic depth are additional dry loose silts or
sandy silts. Silty sands are next and extend to a cemented silt or hardpan layer. In the
eastern two test pits, the cemented layer was approximately four feet below the surface.
In the west end of the property, the cemented layer was contacted as shallow as 1.25 feet
below the surface. The hardpan or cemented silt layer is between 2.5 and 4.0 feet thick.
Below this stratum are pitrun type sand and gravel. The gravels were contacted at 6.0,
Bob J. Arnold PE 5516 North Five Mile Road Boise, Idaho 83713
Civil Engineering
Bob J. Arnold, PIE
Geotechnical Engineering
Materials Testing & Inspection Services
208-440-6276 Fax 208-322-7866 biarnoldpe(c-msn.com
May 1, 2004
Page 5 of 14
40404A002.doc
6.5, 4.0, & 4.9 feet below the surface in the four test pits. The upper 1-2 feet of the
gravels contain silt and minor cementing. Free draining materials are present below this
depth. In all of the test pit location, free draining materials were observed at seven feet or
less below the existing ground surface. Test pits were extended to fifteen feet below the
surface. No groundwater as encountered and the piezometers installed remain dry
through all subsequent readings. Continued monitoring of the piezometers is
recommended.
DESIGN RECOMMENDATIONS
GENERAL EARTHWORK
The soils encountered on the property are acceptable for filling of building lots.
Therefore, materials removed from the street sections can be utilized as structural fill.
The only exception is the surface soils that contain excessive organic materials. Removal
of the majority of the organic materials will require grubbing of approximately four to six
inches of surface soils. Deeper removal may be required or shallower grubbing allowed
and therefore this should be confirmed at the time of construction. This is to be adjusted
in the field to ensure that organic materials are properly removed from beneath future
pavements, structural fills, and building structures.
If used for fill, the surface soils will require moisture contents within two percent of
optimum for effective compaction. These soils will easily become too wet or too dry for
effective compaction. These soils can be expected to perform poorly if wet and subjected
to rubber tired equipment. Extensive rutting and excessive deflections should be
anticipated. When compacted, these soils will greatly reduce the infiltration rate for
surface water, effectively sealing the ground surface and crawlspace floors to percolation.
The following general earthmoving recommendations are provided but should be
reviewed and modified after civil layout design is completed and construction weather
conditions can be predicted.
Bob J. Arnold PE 5516 North Five Mile Road Boise, Idaho 83713
Civil Engineering
Bob J. Arnold, PE
Geotechnical Engineering
Materials Testing & Inspection Services
208-440-6276 Fax 208-322-7866 bjarnoldpealmsn.com
May 1, 2004
Page 6 of 14
40404A002.doc
• If construction is to occur during wet weather or wet surface soil
conditions, low-pressure, (tracked), construction equipment is highly
recommended. The surface soils can be expected to become very soft,
unstable, & "muddy" when wet. Rutting caused by the contactor using
rubber -tired equipment on a wet subgrade can be expected and should be
repaired at contractor expense. This information is to be supplied to
earthwork contractors prior to construction.
• The grubbing depth required to remove the existing root zone varies and
must be confirmed during construction. Root zone depths of a few inches
to six inches are present. Grubbing is required in all street sections,
areas to receive structural fill and beneath all buildings.
• Structural fills less than three feet deep are to be compacted to 95 % of
the maximum dry density by ASTM D698, Standard Proctor. For deeper
fills, and fill intended to contain irrigation canals or storm water runoff, all
material is to be compacted to 95 % of the maximum dry density as
determined by ASTM D1557, Modified Proctor or 100% of Standard
Proctor.
PAVEMENT SECTION
Pavement section calc-sheets have been previously issued. The sections were
calculated based upon the laboratory generated R-Value of R=27 and Traffic Indexes of
TI=6 and TI=8. The following pavement sections are recommended.
Material
Residential Street
Arterial Street
Asphaltic Concrete
2.5" or 2.5"
3.01,
Base Coarse (1/4" minus)
4.0" 12.0"
4.0"
Sub base (Pitrun)
9.01,
12.0"
Please note that local highway district may require a thicker pavement section or may
require matching of the existing section along Locust Grove. It should be anticipated that
materials meeting the requirements of ISPWC or ITD will be required for any work within
this project.
Bob J. Arnold PE 5516 North Five Mile Road Boise, Idaho 83713
Bob J. Arnold, PIE
Civil Engineering
Geotechnical Engineering
Materials Testing & Inspection Services
208-440-6276 Fax 208-322-7866 biarnoldpe(c-msn.com
May 1, 2004
Page 7 of 14
40404A002.doc
SUBSURFACE DRAINAGE
Based upon the presence of shallow cemented soils, continuous drainage swales
are not recommended for this development. Conventional infiltration ponds or trenches
appear to be the best method for disposal of stormwater. Any such system should extend
through the cemented silt layer. Free draining materials were found at seven feet below
the surface in each of the test pits. This depth should be used for design but must be
confirmed during construction. Infiltration trenches or ponds should assume a percolation
rate of 8 inches/hour. ACHD will require this to be confirmed in the location of infiltration
trenches. It is assumed the actual percolation rate will exceed the design limit of eight
inches per hour for the required filter sand. .
UNDERGROUND UTILITIES
The need for dewatering is not anticipated but will depend upon the construction
schedule ccipared to the irrigation season. It is not anticipated -,hat excavators will
experience any difficulties excavating the onsite materials. No bedrock formation was
encountered on the subject property. Sloughing of trenches can be expected in deeper
trenches.
HOMEOWNER / HOMEBUILDER RECOMMENDATIONS
Recommendations for homebuilders and homeowners are included in the appendix of this
report. It is recommended this information be recorded to ensure that every builder and
owner receives a copy during the closing on any lots within this development.
Bob J. Arnold PE 5516 North Five Mile Road Boise, Idaho 83713
Bob J. Arnold, PE
Civil Engineering
Geotechnical Engineering
Materials Testing & Inspection Services
208-440-6276 Fax 208-322-7866 biarnoldpe(a-Imsn.com
May 1, 2004
Page 8 of 14
40404A002.doc
APPENDIX
Test Pit Logs
Home Builder Recommendation
Homeowner Recommendation
Bob J. Arnold PE 5516 North Five Mile Road Boise, Idaho 83713
Bob J. Arnold, PIE
Civil Engineering
Geotechnical Engineering
Materials Testing & Inspection Services
208-440-6276 Fax 208-322-7866 biarnoldpe(a-msn.com
May 1, 2004
Page 9 of 14
40404Ao02.doc
Test Pit #
Client
Project
Location
Test Pit #1
Legend NW
Locust Grove
SE Corner
Test Pit Log
File:
Date Excavated:
Excavated By:
Logged By:
4/7/04
Masco
Bob Arnold
Sample
#
# I
#
#
I
DEPTH
SOILS DESCRIPTION
Type
4
10
40
200
M
PI
LL
0.0
-
6" Root zone & organic layer
#1
100
95
85
62
23.0
NP
NP
1.5
In a silt, sand or silty sand, sandy silt
matrix
,_s
Dark Brown, moist, firm, blocky, Silty
#2
100
so
72
as
18.0
NP
NP
4.0
SAND
4.0
_
Hardpan, cemented silt layer
6.0
6.0
Contact with Pitrun Type Sand &
gravel
6.0
_
Pitrun type sand and gravels to
13.0
bottom of excavation. Free draining
at 7.0'.
13.0
Bottom of hole
Piezometer Installed
Bob J. Arnold PE 5516 North Five Mile Road Boise, Idaho 83713
Bob J. Arnold P� Civil Engineering
f Geotechnical Engineering
Materials Testing & Inspection Services
208-440-6276 Fax 208-322-7866 biarnoldve(a)msn.com
Test Pit Log
Test Pit #:
Test Pit #2
File:
Client:
Legend NW
Date Excavated:
Project:
Locust Grove
Excavated By:
Location:
SW Corner
Logged By:
EM
4/7/04
Masco
Bob Arnold
May 1, 2004
Page 10 of 14
40404A002.doc
Sample
#
#
#
#
DEPTH
SOILS DESCRIPTION
Type
4
10
40
200
M
PI
LL
0.0
_
6" Root zone & organic layer
1.0
In a silt, sand or silty sand, sandy silt
matrix
1.0
_
Dark Brown, moist - wet, firm, Silty
#3
97
85
77
47
17.7
NP
NP
4.0
SAND
4.0
_
Hardpan, cemented silt layer
5.7
5.7
_
Cemented sand layer
6.5
6.5
Contact with Pitrun Type Sand &
gravel
6.5
_
Pitrun type sand and gravels to
13.0
bottom of excavation. Free draining
at 7.0'.
13.0
Bottom of hole
Piezometer Installed
Bob J. Arnold PE 5516 North Five Mile Road Boise, Idaho 83713
Bob J. Arnold, FIE
Civil Engineering
Geotechnical Engineering
Materials Testing & Inspection Services
208-440-6276 Fax 208-322-7866 biarnolftealmsn.com
May 1, 2004
Page 11 of 14
40404A002.doc
Test Pit Log
Test Pit #:
Test Pit #3
File:
Client:
Legend NW
Date Excavated:
Project:
Locust Grove
Excavated By:
Location:
NE Corner
Logged By:
.=1
4/7/04
Masco
Bob Arnold
Sample
#
#
#
#
DEPTH
SOILS DESCRIPTION
Type
4
10
40
200
M
PI
LL
0.0
6" Root zone & organic layer
1.0
In a silt, sand or silty sand, sandy silt
matrix
1.0
_
Hardpan, cemented silt layer
4.0
4.0
Contact with Pitrun Type Sand &
gravel
4.0
Pitrun type sand and gravels to
15.0
bottom of excavation. Free draining
at 5.0'.
15.0
Bottom of hole
Piezometer Installed
Bob J. Arnold PE 5516 North Five Mile Road Boise, Idaho 83713
Bob J. Arnold, PE
Civil Engineering
Geotechnical Engineering
Materials Testing & Inspection Services
208-440-6276 Fax 208-322-7866 biarnoldpei,-msn.com
May 1, 2004
Page 12 of 14
40404A002.doc
Test Pit #
Client
Project
Location
Test Pit #4
Legend NW
Locust Grove
NW Corner
Test Pit Log
File
Date Excavated
Excavated By
Logged By
40404
4/7/04
Masco
Bob Arnold
Sample
#
#
#
#
DEPTH
SOILS DESCRIPTION
Type
4
10
40
200
M
PI
ILL
0.0
_
6" Root zone & organic layer
1.5
In a silt, sand or silty sand, sandy silt
matrix
1.5
_
Hardpan, cemented silt layer
4.0
4.0
Contact with Pitrun Type Sand &
gravel
4.0
Pitrun type sand and gravels to
13.0
bottom of excavation. Free draining
at 6.0'.
13.0
Bottom of hole
Piezometer Installed
Bob J. Arnold PE 5516 North Five Mile Road Boise. Idaho 83713
Civil Engineering
Bob J. Arnold, PE
Geotechnical Engineering
Materials Testing & Inspection Services
208-440-6276 Fax 208-322-7866 biarnoldpeAlmisn.com
May 1, 2004
Page 13 of 14
40404A002.doc
HOMEBUILDERS RECOMMENDATIONS
Locust Grove Project
Legend Northwest
• Low -density foundation backfill has been shown to be a major contributing factor to
water accumulating in crawlspaces throughout the Treasure Valley. Homebuilders are
encouraged to properly backfill all foundations. This is especially critical on lots where
cemented soils are present below the foundation such as within this development.
Cemented soils should not be used for backfilling.
• For foundations founded upon or above cemented soils, it is recommended that the
construction joint between the footing and the stem wall be sealed with asphalt -based
mastic.
• Soils containing fractured hardpan material or soils with large clods or chunks of clay
are not recommended for backfill. The use of these materials may result in voids or
flow paths allowing surface water to enter the crawlspace.
• Foundation elevation and site grading must promote drainage away from the
foundation. Unless the local code is more stringent, a minimum of TWO percent slope
for the first ten feet from the residence is recommended.
• Complete roof gutters are recommended with down spouts directed away from
foundations and not on to foundation backfill soils. Underground piping that carries
water away from the foundation is acceptable.
• Landscaping should be designed to promote drainage away from foundations.
Flowerbeds and landscaped areas must be designed such that irrigation water and
roof runoff is not retained against foundations.
• This subdivision is located within the Treasure (Boise) Valley of Southwestern Idaho.
This is a high desert region with minimal annual rainfall, (approximately 12 inches per
year). The proper selection of grasses, bushes, and trees that thrive in such
conditions will also prevent over application of irrigation water.
• Proper design and maintenance of sprinkler systems is required. Excessive watering
may lead to water entering the crawl space or basement. Drip type sprinkler heads
should be used in flowerbeds near foundations. Lawn area sprinklers should not spray
toward foundations or cause water to accumulate near foundations.
• Side lots between houses must provide for adequate drainage of both lots. Fences
and borders should not restrict the overland flow of storm runoff.
• This information has been prepared based upon information generated to provide
specific design information to the developer and the civil engineering consultant. The
research performed was not intended to act as any contractors "Due Diligence" or
subsurface inspection prior to construction. Nor are these recommendations intended
to relieve homebuilders of any building code requirement for subsurface investigation
prior to construction.
NOTHING FOLLOWS
Bob J. Arnold PE 5516 North Five Mile Road Boise, Idaho 83713
Bob J. Arnold, ME— Civil Engineering
Geotechnical Engineering
Materials Testing & Inspection Services
208-440-6276 Fax 208-322-7866 biarnoldve(WImsn.com
May 1, 2004
Page 14 of 14
40404A002.doc
HOMEOWNER RECOMMENDATIONS
Locust Grove Project
Legend Northwest
• Foundation elevation and site grading have been constructed to promote drainage
away from the foundation. Final, completed grading must promote drainage away from
the foundation. Modification of the grading near the residence may result in water
entering the crawlspace.
• Roof gutters with down spouts have been installed that direct storm water away from
foundations and not on to foundation backfill soils. Modification of these downspouts
is not advisable without a plan to move storm water away from the foundation.
• This subdivision is located within the Treasure (Boise) Valley of Southwestern Idaho.
This is a high desert region with minimal annual rainfall. The proper selection of
grasses, bushes, and trees that thrive in such conditions will also prevent over
application of irrigation water.
• Landscaping should be designed to promote drainage away from foundations.
Flowerbeds and landscaped areas must be designed such that irrigation water and
roof runoff is not retained against foundations.
• Proper design and maintenance of sprinkler systems is required. Excessive watering
may lead to water entering the crawl space or basement. Drip type sprinkler heads
should be used in flowerbeds near foundations. Lawn area sprinklers should not spray
toward foundations or cause water to accumulate near foundations.
• Over application of irrigation, water is the single largest factor contributing to water
accumulating in crawlspaces. After occupancy, the settings for any automatic sprinkler
system should be reviewed and adjusted to apply the minimum amount of water
required for landscaping maintenance. It is recommended that the local water
company or a lawn expert be consulted about the amount of water required.
• Side lots between houses must provide for adequate drainage of both lots. Fences
and borders should not restrict the overland flow of storm runoff.
• NOTHING FOLLOWS
Bob J. Arnold PE 5516 North Five Mile Road Boise, Idaho 83713
OEM
After Recording
Return to:
JoAnn C. Butler
Spink Butler, LLP
P.O. Box 639
Boise, ID 83701
DECLARATION OF
FOR RECORDING INFORMATION
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
LEESHIRE HOMEOWNERS' ASSOCIATION
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LEESHIRE
SUBDIVISION is made effective as of the _ day of , 2004, by Leeshire Development,
LLC ("Grantor" and "Class B Member").
NOTICE
THIS IS A VERY IMPORTANT DOCUMENT WHICH EACH AND EVERY POTENTIAL
BUYER AND OWNER OF PROPERTY WITHIN LEESHIRE HOMEOWNERS' ASSOCIATION
SHOULD READ AND UNDERSTAND.
TABLE OF CONTENTS
ARTICLE I: RECITALS............................................................
1.1 Property Covered ............................................
1.2 Residential Development ................................
1.3 Purpose of Declaration ...................................
ARTICLE II: DECLARATION...................................................
2.1 Declaration......................................................
2.2 No Recordation ................................................
ARTICLE III: DEFINITIONS.......................................................
3.1 "Articles" ........................................ I.................
3.2 "Assessments".................................................
3.3 "Association"....................................................
3.4 "Association Rules"........................I.................
3.5 "Board".............................................................
3.6 "Building Envelope"...................I......................
3.7 "Building Lot" ....................................................
3.8 "Bylaws".. .........................................................
3.9 "Common Areas"...................I.........................
3.10 "Community -Wide Standard.. ...........................
3.11 "Declaration"....................................................
3.12 "Design Committee" ........................................
3.13 "Design Guidelines" .........................................
3.14 "First Mortgage" ...............................................
3.15 "Grantor"..........................................................
3.16 "Improvements" ...............................................
3.17 "Limited Assessment" ......................................
3.18 "Member".........................................................
3.19 "Mortgage".......................................................
3.20 "Occupant".......................................................
3.21 "Owner"............................................................
3.22 "Person(s).........................................................
3.25 "Plat"................................................................
3.26 "Project Documents" ........................................
3.27 "Property".........................................................
3.28 "Regular Assessment" .....................................
3.29 "Special Assessment" ......................................
3.30 "Supplemental Declaration" .............................
3.31 "Townhomes/Patio Homes.. .............................
ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS......
4.1 Improvements - Generally ................................
4.2 Exterior Maintenance: Owner's Obligation .......
4.3 Landscaping.....................................................
4.4 Nuisances.........................................................
4.5 Trade or Business ............................................
4.6 No Hazardous Activities ....................................
4.7 No Mining or Drilling .........................................
4.8 Insurance Rates ...............................................
4.9 Vehicles and Equipment ...................................
4.10 Animals/Pets.....................................................
4.11 No Mobile Homes or Temporary Structures.....
1
1
1
1
................1
................2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
3
3
3
3
4
4
4
4
4
4
4
4
4
4
6
6
7
7
7
7
7
8
8
9
I
4.12
Drainage..............................................................................................................................
9
4.13
Grading..............................................................................................................................10
4.14
Water Supply Systems......................................................................................................10
4.15
Energy Devices; Outside...................................................................................................11
4.16
Signs..................................................................................................................................11
4.17
Antennae...........................................................................................................................11
4.18
No Further Subdivision......................................................................................................11
4.19
Leasing..............................................................................................................................11
4.20
Grantor's Right of Development........................................................................................11
4.21
Compliance with Laws.......................................................................................................12
4.22
Commencement of Construction.......................................................................................12
ARTICLEV: ASSOCIATION.......................................................................................................................12
5.1
Organization of Association...............................................................................................12
5.2
Members of Association....................................................................................................12
5.3
Voting.................................................................................................................................12
5.4
Board of Directors and Officers.........................................................................................13
5.5
Power and Duties of the Association.................................................................................13
5.6
Annual Meeting..................................................................................................................16
5.7
Budgets and Financial Statements....................................................................................17
5.8
Manager............................................................................................................................17
5.9
Personal Liability................................................................................................................17
5.10
Security..............................................................................................................................17
ARTICLES VI:
RIGHTS TO COMMON AREAS.........................................................................................18
6.1
Use of Common Area........................................................................................................18
6.2
Designation of Common Area...........................................................................................18
6.3
Delegation of Right to Use.................................................................................................18
6.4
Damages...........................................................................................................................18
6.5
Neighborhood Common Area............................................................................................18
ARTICLEVII:
ASSESSMENTS..................................................................................................................19
7.1
Covenant to Pay Assessments..........................................................................................19
7.2
Uniform Rate of Assessment.............................................................................................19
7.3
Date of Commencement of Assessments.........................................................................19
7.4
Exempt Property................................................................................................................19
7.5
Capitalization of Association..............................................................................................20
7.6
Regular Assessments.......................................................................................................20
7.7
Grantor's Obligation for Assessments...............................................................................21
7.8
Special Assessments........................................................................................................21
7.9
Limited Assessments........................................................................................................21
7.10
Assessment Period............................................................................................................22
7.11
Notice and Assessment Due Date....................................................................................22
7.12
Reserve Budget and Capital Contribution.........................................................................22
7.13
Estoppel Certificate...........................................................................................................22
7.14
Special Notice and Quorum Requirements.......................................................................22
ARTICLE VIII:
ENFORCEMENT OF ASSESSMENTS; LIENS..................................................................22
8.1
Right to Enforce.................................................................................................................22
8.2
Assessment Liens.............................................................................................................23
8.3
Method of Foreclosure.......................................................................................................23
8.4
Subordination to Certain Trust Deeds...............................................................................23
ARTICLE IX:
INSPECTION OF AN ASSOCIATION'S BOOKS AND RECORDS......................................23
9.1
Member's Right of Inspection............................................................................................23
M
9.2
Rules Regarding Inspection of Books and Records..........................................................24
9.3
Director's Rights of Inspection...........................................................................................24
ARTICLE X:
DESIGN COMMITTEE; MODIFICATION COMMITTEE.......................................................24
10.1
Design Committee Creation; Right of Appointment...........................................................24
10.2
Modifications Committee; Right of Appointment...............................................................24
10.3
Appointment of Design Committee Representative..........................................................24
10.4
Improvements Generally...................................................................................................24
10.5
Expenses...........................................................................................................................25
10.6
Non -Liability of Design Committee and Modification Committee Members ......................25
10.7
Variances...........................................................................................................................25
10.8
Enforcement......................................................................................................................26
10.9
Grantor's Exemption..........................................................................................................26
ARTICLEXI:
EASEMENTS........................................................................................................................26
11.1
Owners: Easements of Enioyment...................................................................................26
11.2
Delegation of Use..........................................................................................0..................026
11.3
Recorded Easements........................................................................................................26
11.4
Easements of Encroachment........................................................................0...................26
11.5
Easements of Access........................................................................................................27
11.6
Drainage and Utility Easements..........................................................................0.............27
11.7
Rights and Duties Concerning Utility Easements.....................................................0........27
11.8
Party Structures..... 0 ......................................................................................... 0 .................
27
11.9
Driveway Easements.........................................................................................................28
11.10
General Landscape Easement..........................................................................................28
11.11
Grantor's Rights Incident to Construction.... .......... 0 ...........................................................
29
11.12
Easements Deemed Created............................................................................................29
11.13
Waterway Easements.......................................................................................................29
11.14
Reservation for Expansion................................................................................................29
11.15
Emergency Easement...................................................................................................0...29
11.16
Maintenance Easement.. ...................................................................................................
29
11.17
Association's Responsibility...............................................................................................29
ARTICLE XII:
IRRIGATION WATER.... .......................... ....... 0 .... 0 . 0 . 0 ...................................... 0 ...................
30
12.1
Irrigation System................................................................................................................30
12.2
Non -Potable Water............................................................................................................30
12.3
Owner Responsibilities: Location of Lines.........................................................................30
12.4
Water Unreliable...........................................................................................................0....30
12.5
Rotation.............................................................................................................................30
12.6
No Liability.........................................................................................................................
31
12.7
WARNING! IRRIGATION WATER IS NOT DRINKABLE................................................31
12.8
No Liability for Quality or Quantity of Water..................................................................0....31
ARTICLE XIII:
DAMAGE OR DESTRUCTION...........................................................................................31
13.1
Association as Attorney-in-Fact.........................................................................................31
13.2
Estimate of Damages or Destruction...........................................................0.....................32
13.3
Repair and Reconstruction......................................................................0.........................
32
13.4
Funds for Repair and Reconstruction... ............ I ......... I ...................................................
32
13.5
Disbursement of Funds for Repair and Reconstruction....................................................32
13.6
Decision Not to Rebuild.....................................................................................................32
13.7
Damage or Destruction Affecting Building Lots.................................................................32
ARTICLEXIV:
CONDEMNATION..............................................................................................................33
14.1
Rights of Owners...............................................................................................................
34
14.2
Condemnation; Distribution of Award; Reconstruction......................................................34
0
ARTICLE XV: RESOLUTIONS OF DISPUTES..........................................................................................34
15.1
Avoiding Costs of Litigation and Limiting Right to Litigate Disputes..................................34
15.2
Mandatory Procedures for All Other Claims......................................................................34
15.3
Allocation of Costs of Resolving Claims............................................................................35
15.4
Enforcement of Resolution................................................................................................
35
ARTICLE XVI:
MISCELLANEOUS.............................................................................................................35
16.1
Term..................................................................................................................................
35
16.2
Amendment.......................................................................................................................35
16.3
Mortgage Protection..........................................................................................................
36
16.4
Notices...............................................................................................................................36
16.5
Enforcement and Non-Waiver...........................................................................................36
16.6
Use of Trade Name...........................................................................................................
36
16.7
Interpretation.....................................................................................................................36
16.8
Successors and Assigns...................................................................................................37
16.9
Owners' Further Acknowledgments..................................................................................37
EXHIBIT ALegal Description of Property
ZA
vi
vii
ARTICLE I: RECITALS
1.1 Property Covered. The property potentially subject to this Declaration of Covenants,
Conditions and Restrictions for Leeshire Subdivision is the property legally described in Exhibit A,
attached hereto and made a part hereof, which property consists of approximately 10.87 acres approved
by the County of Ada for the development of up to 92 dwellings (sometimes referred to herein as
"Leeshire Subdivision"). The Property shall be subject to this Declaration, as may be amended or
supplemented from time to time, and all property made subject to this Declaration shall be referred to as
the "Property." Each Owner, by accepting a deed to any portion of the Property, acknowledges and
agrees that Grantor is under no obligation to subject any portion of Leeshire Subdivision to this
Declaration.
1.2 Residential Development. Leeshire Subdivision is presently planned as a residential
development that Grantor currently intends to develop in accordance with existing development approvals
obtained by Grantor from Ada County and/or the City of Meridian, or any other development plan(s) for
which Grantor may from time to time obtain approval from Ada County and/or the City of Meridian (the
"Development Plan"). The Property may be developed for single-family residential homes (including,
without limitation, single-family homes, townhomes/patio homes), common area uses. The Property may
contain parcels of common area including, without limitation, streams, ponds and canals, public and/or
private open space, park areas, landscaping, wildlife habitat, recreational facilities, private streets, drives,
and other amenities and facilities. Any development plans or schemes for the Property in existence prior
to or following the effective date of this Declaration are subject to change at any time by Grantor, and
impose no obligation on Grantor as to how the Property is to be developed or improved.
1.3 Purpose of Declaration. The purpose of this Declaration is to set forth the basic
restrictions, covenants, limitations, easements, conditions and equitable servitudes (collectively,
"Restrictions") that will apply to the entire development and use of any and all portions of the Property,
and any other property annexed into Leeshire Subdivision, as provided further herein. The Restrictions
are designed to protect, enhance and preserve the value, amenities, desirability, and attractiveness of the
Property; to ensure a well -integrated, high quality development; and to guarantee adequate maintenance
of Common Area, defined below, in a cost effective and administratively efficient manner.
ARTICLE II: DECLARATION
2.1 Declaration. Grantor hereby declares that the Property, and each lot, parcel or portion
thereof, is and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and
improved subject to the following terms and Restrictions, all of which are declared and agreed to be in
furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the
Property, and to enhance the value, desirability and attractiveness of the Property. The terms and
Restrictions set forth herein shall run with the land constituting the Property, and with each estate therein,
and shall be binding upon any Person having or acquiring any right, title or interest in the Property or any
lot, parcel or portion thereof; shall inure to the benefit of every lot, parcel or portion of the Property and
any interest therein; and shall inure to the benefit of and be binding upon Grantor, Grantor's successors in
interest and each grantee or Owner and such grantee's or Owner's respective successors in interest, and
may be enforced by Grantor, any grantee or grantee's successors, any Owner or Owner's successors, or
by the Association. In the event of any conflict between this Declaration and any other of the Project
Documents, defined below, this Declaration shall control.
Notwithstanding the foregoing, until one hundred percent (100%) of all the Building Lots in the
Property and Leeshire Subdivision are transferred by Grantor, no provision of this Declaration shall be
construed as to prevent or limit Grantor's right to complete development of the Property and Leeshire
Subdivision, including any subdivision or resubdivision of the Property and Leeshire Subdivision, and to
construct improvements thereon, nor Grantor's right to use and to maintain model homes, construction,
sales or leasing offices or similar facilities on any portion of the Property and Leeshire Subdivision,
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including the Common Area, recreational facilities, and/or any public and/or private right-of-way, nor
Grantor's right to post signs incidental to construction, sales and/or leasing. Grantor and authorized
marketing agents and builders shall have license for access to and use of such location and facilities.
Grantor has no duty or obligation to develop the Property and Leeshire Subdivision in any specific manner
or with any particular use, regardless of any drawings, depictions or presently proposed plans.
2.2 No Recordation. No Person shall record any declaration of covenants, conditions and
restrictions, or declaration of condominium or similar instrument affecting any portion of the Property
without Grantor's review and written consent. Any attempted recordation without such consent shall result
in such instrument being void and of no force and effect unless subsequently approved by recorded
consent signed by Grantor. This Section 2.2 may not be amended without the written consent of Grantor.
The rights contained in this Section 2.2 shall terminate upon the earlier of: (1) twenty (20) years from the
date this Declaration is recorded; or (2) upon recording by Grantor of a written statement that all
construction, sales and/or leasing activity has ceased.
ARTICLE III: DEFINITIONS
3.1 "Articles" shall mean the Articles of Incorporation of the Association.
3.2 "Assessments" shall mean those payments required of Owners who are Association
Members, including Regular, Special and Limited Assessments. The Association shall have the right to
require assessments from Members.
3.3 "Association" shall mean any Idaho nonprofit corporation, or its successors, organized
and established by Grantor to exercise the powers and to carry out the duties set forth in this Declaration
or any Supplemental Declaration. Grantor shall have the power, in Grantor's discretion, to name the
Association the "Leeshire Homeowners' Association, Inc.," or any similar name which fairly reflects its
purpose.
3.4 "Association Rules" shall mean those rules and regulations that may be promulgated by
the Association governing conduct upon and use of the Property under the jurisdiction or control of that
Association, the imposition of fines and forfeitures for violation of Association Rules and regulations, and
procedural matters for use in the conduct of business of the Association.
3.5 "Board" shall mean the duly qualified Board of Directors, or other governing board or
individual, if applicable, of the Association.
3.6 "Buildinq Envelope" shall mean the area within a Building Lot where a residential
structure and accessory structures may be located, always subject to the prior written approval of the
Design Committee, Building Envelopes, if any, shall be designated by Grantor by describing such an area
on a recorded Plat, reserving Building Envelopes in a deed or other instrument, or by designating Building
Envelopes as such in this Declaration, any Supplemental Declaration or the Design Guidelines. If a
Building Envelope is not so designated within a Building Lot, then the Building Envelope shall be that
portion of the Building Lot located inside the legal setback areas.
3.7 "Building Lot" shall mean a lot within the Leeshire Subdivision as specified or shown on
the Plat upon which Improvements may be constructed. Building Lot shall not include any Common Area.
3.8 "Bylaws" shall mean the Bylaws of the Association.
3.9 "Common Areas" shall mean any or all parcels of Common Area may include, without
limitation, all such parcels that are designated as private streets or drives, parking areas or drives,
common open space, pastures, wildlife habitat, common landscaped areas, storage facilities, recreational
facilities, other amenities and facilities. Common Area may be established from time to time by Grantor
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on any portion of the Property by describing such area on a recorded Plat, by granting or reserving
Common Area in a deed or other instrument, or by designating Common Area as such in this Declaration
or in any Supplemental Declaration. The Common Area may include easement and/or license rights.
3.10 "Community -Wide Standard" shall mean the standard of conduct, maintenance, or
other activity generally prevailing throughout the Property and Leeshire Subdivision. Such standard may
be more specifically determined by the Board and/or the Design Committee.
3.11 "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions for
Leeshire Subdivision as the Declaration may be amended and supplemented from time to time.
3.12 "Design Committee" shall mean the Design Committee created by Grantor pursuant to
Article X hereof.
3.13 "Design Guidelines" shall mean the design guidelines and rules promulgated,
published, amended and supplemented from time to time pursuant to Article X.
3.14 "First Mortgage" shall mean any Mortgage which is not subordinate to any lien or
encumbrance except liens for taxes or other liens which are given priority by statute.
3.15 "Grantor" shall mean Leeshire Development, LLC, or its successors in interest, or any
Person to whom the rights under this Declaration are expressly transferred, in whole or in part, other than
a transfer to individual Building Lot Owners, by Leeshire Development, LLC or its successors.
3.16 "Improvements" shall mean any structure, facility or system, or other improvement or
object, whether permanent or temporary, which is erected, constructed, placed upon or allowed on, under
or over any portion of the Property, including, without limitation, residential structures, accessory
structures, fences, streets, drives, driveways, parking areas, sidewalks, bicycle paths, curbs, landscaping,
walls, hedges, plantings, trees, wildlife habitat improvements, living and/or dead vegetation, rocks, signs,
lights, mail boxes, electrical lines, pipes, pumps, ditches, recreational facilities, grading, road construction,
utility improvements, removal of trees and other vegetation, and any new exterior construction or exterior
improvement which may not be included in the foregoing. Improvement(s) includes both original
improvements existing on the Property on the date hereof and all later changes and Improvements.
3.17 "Limited Assessment" shall mean a charge against a particular Owner, and such
Owner's Building Lot, directly attributable to such Owner, equal to the cost incurred by the Association in
connection with corrective action performed pursuant to the provisions of this Declaration and/or any
Supplemental Declaration, including, without limitation, damage to any Common Area, or the failure of an
Owner to keep such Owner's Building Lot and/or Improvements in proper repair, and including interest
thereon as provided in this Declaration and/or a Supplemental Declaration.
3.18 "Member" shall mean each Owner holding a membership in the Association, including
Grantor.
3.19 "Mortgage" shall mean any mortgage, deed of trust, or other document pledging any
portion of the Property or interest therein as security for the payment of a debt or obligation.
3.20 "Occupant" shall mean any resident or occupant of a Building Lot other than the Owner,
including, without limitation, family members, guests, invitees and/or tenants.
3.21 "Owner" shall mean the record owner, whether one or more Persons, including Grantor,
holding fee simple interest of record to a Building Lot which is a part of the Property, and buyers under
executory contracts of sale, but excluding those Persons having such interest merely as security for the
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performance of an obligation, unless and until such Person has acquired fee simple title pursuant to
foreclosure or other proceedings.
3.22 "Person(s)" shall mean any individual, partnership, corporation, trust, estate or other
legal entity, including Grantor.
3.25 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded in
the Ada County Recorder's Office, Ada County, Idaho as the same may be amended by duly recorded
amendments thereof.
3.26 "Project Documents" shall mean the basic documents creating and governing the
Property including, without limitation, this Declaration, any Supplemental Declarations, Articles of
Incorporation and Bylaws of the Association, the Association Rules, the Plat, the Design Guidelines and
any other procedures, rules, regulations or policies adopted under such documents by the Association, the
Design Committee and/or the Modifications Committee.
3.27 "Property" shall mean those portions of the property subject to this Declaration,
including, without limitation, each lot, parcel and portion thereof and interest therein.
3.28 "Regular Assessment" shall mean the portion of the cost of designing, constructing,
maintaining, improving, repairing, managing and/or operating all Common Area, including all
Improvements located thereon, and the other costs and expenses incurred to conduct the business and
affairs of the Association that is levied against the Building Lot of each Owner by the Association, pursuant
to the terms of this Declaration and/or a Supplemental Declaration.
3.29 "Special Assessment" shall mean that portion of the cost of the capital improvements or
replacements, equipment purchases and/or shortages in Regular Assessments which are authorized to be
paid to the Association pursuant to the provisions of this Declaration, or a Supplemental Declaration.
3.30 "Supplemental Declaration" shall mean any Supplemental Declaration including
additional covenants, conditions and restrictions that may be adopted by Grantor with respect to any
portion of the Property.
3.31 "Townhomes/Patio Homes" shall mean any development approach in which Building
Lots are reduced in size and/or sited relatively closer together in clusters as compared to other Building
Lots in the Property.
ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS
4.1 Improvements - Generally. All improvements are to be designed, constructed and used
in such a manner as to promote compatibility between the types of uses contemplated by this Declaration
and to maintain the Community -Wide Standard. Specific design and construction guidelines are
contained in the Design Guidelines. The Design Guidelines and the general instructions set forth in this
Declaration shall govern the right of a Person or Owner, excluding Grantor, to construct, reconstruct,
refinish, remove, add, alter or maintain any Improvement upon, under or above the Property, and to make
or create any excavation or fill on the Property, or to make any change in the natural or existing surface
contour or drainage, or install any utility line or conduit on, under or above the Property, including, without
limitation, any Building Lot. All Improvements by any Owner, excluding Grantor, must be pre -approved in
writing by the Design Committee or Modifications Committee or their designate, as applicable, prior to
such Owner's construction or reconstruction.
All Building Lots, other than the Building Lot(s) used for Common Area or utility facilities and
services, shall be used exclusively for and/or in connection with single-family residential purposes. No
Building Lot, other than the Building Lot(s) used for Common Area commercial or utility facilities and
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services, shall be improved except with residential structures and accessory structures as permitted under
the Design Guidelines. This Declaration is not intended to serve as authority for the Design Committee or
Modifications Committee or their designate, as applicable, to control the interior layout or design of
residential structures except to the extent incidentally necessitated by use, size and height restrictions.
This Declaration is intended to serve as authority for the Design Committee or Modifications Committee or
their designate, as applicable, to use its judgment to see that all Improvements conform and harmonize as
to external design, quality and type of construction, architectural character, materials, color, location on the
Property, height, grade and finished ground elevation, natural conditions, landscaping, and all aesthetic
considerations as set forth in this Declaration and in the Design Guidelines.
Each one-story single-family dwelling unit or structure shall have a minimum of
hundred ( ) square feet of livable space, and each two-story single-family dwelling unit or structure
shall have a minimum of [ ] hundred ( ) square feet of livable space on the
ground floor. Livable space shall not include basements, garages, car ports, patios, breeze ways, storage
rooms, porches or similar structures. Townhomes or Patio Homes shall have minimum square footage
requirements as set forth by the Grantor or the Design Committee for such Townhome or Patio Home.
Corner lots identified by the Grantor shall be restricted to one and one-half stories.
4.1.1 Design Committee Review. No improvements which will be visible above
ground or which will ultimately affect the visibility of any above ground Improvement shall be built, erected,
placed or materially altered on or removed from the Property unless and until the building plans,
specifications, and plot plan have been reviewed in advance by the Design Committee or Modifications
Committee or their designate, as applicable, and the same have been approved in writing. The review
and approval or disapproval may be based upon the following factors: design and style elements, mass
and form, topography, setbacks, finished ground elevations, architectural symmetry, drainage, color,
materials, including mandatory roofing materials, physical or aesthetic impacts on other properties,
including Common Areas, artistic conformity to the terrain and the other Improvements on the Property,
and any and all other factors in connection with the Community -Wide Standard that the Design Committee
or Modifications Committee or their designate, as applicable, in their reasonable discretion, deem relevant.
4.1.2 Setbacks and Heights. No residential or other structure shall be placed nearer
to the Building Lot lines or built higher than permitted by the Plat and/or the Supplemental Declaration, by
any applicable zoning restriction, by any conditional use permit, or by a Building Envelope designed either
by Grantor or the Design Committee, whichever is more restrictive.
4.1.3 Accessory Structures. Detached garages shall be allowed if in conformity with
the provisions of this Declaration, and as approved by the Design Committee. No detached storage sheds
shall be allowed on any residentially -improved Building Lot. Garages, storage sheds attached to the
residential structure, patio covers, and detached patio covers, shall be constructed of, and roofed with, the
same materials and with similar colors and design, as the residential structure on the applicable Building
Lot. No playhouses, playground equipment, pools, pool slides, diving boards, hot tubs, spas, or similar
items shall extend higher than four (4) feet above the finished graded surface of the Building Lot upon
which such item(s) are located unless specifically approved by the Design Committee or Modifications
Committee or their designate, as applicable. Basketball courts, backboards, or portable basketball
devices shall be allowed in the back yard or side yard of any Building Lot, provided that such courts,
backboards or devices do not promote noise or other nuisance that is offensive or detrimental to other
property in the vicinity of the Building Lot or offensive or detrimental to the occupants of such other
property.
4.1.4 Driveways. All access driveways shall have a wearing surface of asphalt,
concrete, or other hard surface materials, and shall be properly graded to assure proper drainage. No
driveway shall be wider than the garage.
4.1.6 Mailboxes. All mailboxes shall be of consistent design, material and coloration
and shall be located at places designated by Grantor or the Design Committee.
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4.1.7 Fencing. No fence, hedge or boundary wall situated anywhere upon a Building
Lot shall have a height greater than six (6) feet above the finished graded surface of the Building Lot or
Common Area upon which such fence, hedge or boundary wall is situated, except that any fence dividing
a driveway shall have a height no greater than four (4) feet. Except that any fence constructed
immediately adjacent to a swimming pool for the purpose of safety may be at a height required by
applicable government agencies and/or homeowner liability insurer(s). Any fence or boundary wall
constructed on or near the lot line common to one or more Building Lots shall be constructed as a "good
neighbor" fence or wall. No fence shall be constructed so as to extend toward the front of the Building
Lot past two (2) feet behind the front plane of the residential structure constructed thereon (except to allow
fencing along driveways to a point where privacy gates may be installed as approved by the Design
Committee or Modifications Committee, as applicable), or closer than ten (10) feet to any side Building
Lot line of a corner of a Building Lot adjacent to a dedicated street. No fence, hedge or boundary
wall which obstructs site lines at an elevation between four (4) and eight (8) feet above the street shall be
placed or permitted to remain on any corner lot. All fencing and boundary walls constructed on any
Building Lot shall be compatible style and material to that other fencing constructed adjacent to or abutting
Common Areas, public and private streets, and shall otherwise be as approved by the Design Committee
or Modifications Committee, as applicable, and/or as stipulated in the Design Guidelines.
4.1.8 Lighting. Exterior lighting, including flood lighting, shall be part of the
architectural concept of the Improvements on a Building Lot. Fixtures, standards and all exposed
accessories shall be harmonious with building design, and shall be as approved by the Design Committee
or Modifications Committee, as applicable. Lighting shall be restrained in design, and excessive
brightness shall be avoided.
4.2 Exterior Maintenance: Owner's Obligation. No Improvement shall be permitted to fall
into disrepair, and each Improvement shall at all times be kept in good condition and repair. In the event
that any Owner shall permit any Improvement, including trees and landscaping, which is the responsibility
of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or
unattractive condition, or damages property or facilities on or adjoining such Owner's Building Lot, the
Association, upon thirty (30) days' prior written notice to the Owner of such Building Lot, shall have the
right to correct such condition, and to enter upon such Owner's Building Lot for the purpose of doing so,
and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a
Limited Assessment and shall create a lien enforceable in the same manner as other Assessments as set
forth herein. The Owner of the offending Building Lot shall be personally liable, and such Owner's Building
Lot may be subject to a lien for all costs and expenses incurred by the Association in taking such
corrective acts, plus all costs incurred in collecting the amounts due, if any. Each Owner shall pay all
amounts due for such work within ten (10) days after receipt of written demand therefor, or the amounts
may, at the option of the Board, be added to the amounts payable by such Owner as Regular
Assessments.
4.3 Landscaping. The Design Committee shall adopt guidelines regulating landscaping
permitted and required. In the event that any Owner shall fail to install and maintain landscaping in
conformance with such guidelines, or shall allow such Owner's landscaping to deteriorate to a dangerous,
unsafe, unsightly or unattractive condition, the Association, upon thirty (30) days' prior written notice to
such Owner, shall have the right to correct such condition and to enter upon such Owner's Building Lot for
the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof.
Such costs shall be Limited Assessment and shall create a lien enforceable in the same manner as other
Assessments as set forth herein. The Owner of the offending Building Lot shall be personally liable, and
such Owner's Building Lot may be subject to a lien for all costs and expenses incurred by the Association
in taking such corrective acts, plus all costs incurred in collecting the amounts due, if any. Each Owner
shall pay all amounts due for such work within (10) days after receipt of written demand therefor, or the
amounts may, at the option of the Board, be added to the amounts payable by such Owner as Regular
Assessments.
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4.4 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate
anywhere upon the Property, including Common Area or Building Lots, and no odor shall be permitted to
arise from any portion of the Property so as to render the Property or any portion thereof unsanitary,
unsightly, offensive or detrimental to the Property or to its occupants or residents, or to any other property
in the vicinity thereof or to its occupants or residents. No unsightly articles shall be permitted to remain on
any Building Lot so as to be visible from any other portion of the Property. Without limiting the generality
of the foregoing, refuse, garbage, trash, equipment, gas canisters, propane gas tanks, barbecue
equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings,
metals, bulk material, and scrap shall be kept at all times in such containers and in areas approved by the
Design Committee or Modifications Committee, as applicable. No clothing or fabric shall be hung, dried or
aired in such a way as to be visible to any other portion of the Property.
4.5 Trade or Business. No trade or business of any kind may be conducted in or from any
Building Lot; provided, however, an Owner or Occupant of a Building Lot may conduct such business
activity from such Building Lot so long as: (a) the existence or operation of the business activity is not
apparent or detectable by sight, sound or smell from the exterior of the owner's or occupant's dwelling on
the Building Lot; (b) the business activity conforms to all zoning requirements for the Building Lot; (c) the
business activity does not involve persons coming onto the Building Lot who do not own or occupy the
Building Lot; (d) the business activity does not increase the liability or casualty insurance obligation or
premium of the Association; and (e) the business activity is consistent with the Community -Wide Standard
and does not constitute a nuisance or hazardous or offensive use, as may be determined in the sole
discretion of the Board.
The terms "business" and "trade," as used in this Section 4.5, shall be construed to have their
ordinary generally accepted meaning and shall include, without limitation, any occupation, work, or activity
undertaken on an ongoing basis which involves the provision of goods or services to persons other than
the provider's family and for which the provider receives a fee, compensation, or other form of
consideration, regardless of whether: (i) such activity is engaged in full- or part-time; (ii) such activity is
intended to or does generate a profit; and (iii) a license is required therefor.
An Owner or Occupant of a Building Lot shall not, without the prior written consent of the Board,
make any structural alterations in or additions to the Owner's or occupant's dwelling on the Building Lot,
make any interior alternations in or additions to such dwelling visible from the exterior of such dwelling, or
make any alterations in or additions to the exterior of such dwelling or to any other portion or portions of
the Common Area to facilitate such trade or business. Provided, however, the intent of such restriction is
not intended to interfere with the original construction or modification of any such dwelling on a Building
Lot as provided further herein.
4.6 No Hazardous Activities. No activities shall be conducted on the Property, and no
Improvements shall be constructed on the Property that are or might be unsafe or hazardous to any
Person or property.
4.7 No Mining or Drilling. No portion of the Property shall be used for the purpose of
blasting, mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other
hydrocarbons, minerals, rocks, stones, sand, gravel or earth. This Section shall not prohibit exploratory
drilled or coring which is necessary to construct Improvements including, without limitation, water facilities.
4.8 Insurance Rates. Nothing shall be done or kept on the Property and/or any Building Lot
that will increase the rate of, or cancel any insurance on any other portion of the Property without the
approval of the Owner(s) of such other portion, nor shall anything be done or kept on the Property and/or
any Building Lot that would result in the cancellation of insurance on any portion of the Property owned
and/or managed by the Association or which would be in violation of any law.
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4.9 Vehicles and Equipment. The use of all vehicles and equipment, including, without
limitation, trucks, automobiles, bicycles, motorcycles, recreational vehicles, all -terrain vehicles, motor
homes, motor coaches, campers, trailers, snowmobiles, aircraft, boats, snow removal equipment, garden
maintenance equipment, and yard maintenance equipment shall be subject to any of the Project
Documents that prohibit or limit the use thereof within the Property.
Without limiting the foregoing, the following specific restrictions apply:
(a) all on -street parking shall be limited to those specific areas where on -
street parking is not expressly prohibited;
(b) vehicles shall not extend or otherwise be permitted on or into any
sidewalk, bicycle path, or pedestrian path, unless such vehicle is engaged in an emergency
procedure, or as provided elsewhere in the Project Documents;
(c) no motors homes, motor coaches, campers, trailers, snowmobiles,
aircraft, boats, recreational vehicles, all -terrain vehicles, abandoned or inoperable vehicles (that
is, any vehicle which has not been driven under its own propulsion for a period of seven (7) days
or longer), oversized vehicles (that is, vehicles which are too high or too wide to clear the entrance
of an approved residential garage door opening), dilapidated or unrepaired and unsightly vehicles
or similar equipment such as snow removal equipment, garden maintenance equipment and all
other potentially unsightly equipment and machinery shall be placed upon any portion of the
Property including, without limitation, streets, parking areas and driveways, unless the same are
enclosed by a structure concealing them from view in a manner approved by the Design
Committee or Modifications Committee, as applicable;
(d) to the extent possible, garage doors shall remain closed at all times;
(e) the use of electronic, gas or other fuel operated gardening, yard or snow
removal equipment shall only be allowed from 8:00 a.m. to 8:00 p.m; and
(f) the placement of exhaust fans used for exhausting odors, fumes, dust, or
similar substances shall be placed in a location that will not offend or be a nuisance to adjacent
Building Lots or their Occupants.
(g) No vehicles of persons residing in a residence or employed in the
residence shall be regularly parked on the streets.
(h) Vehicles of persons residing in a residence or regularly employed in the
residence shall be garaged when not in use.
4.10 Animals/Pets. No animals, birds, insects, pigeons, poultry or livestock shall be kept on
the Property. This Section is not intended to prohibit the keeping of up to two (2) domesticated dogs, up
to two (2) domesticated cats, and other typical household pets which do not unreasonably bother or
constitute a nuisance to others. Without limiting the generality of the foregoing, consistent and/or chronic
barking by dogs or similar sounds by other household pets shall be considered a nuisance. Each dog or
other similar household pet in Leeshire Subdivision shall be kept on a leash, curbed, and otherwise
controlled at all times when such animal is off the premises of its owner and are to be kept in compliance
with all applicable State and local laws and ordinances. Such owner shall clean up any animal defecation
immediately from any Common Area or public right-of-way. Failure to do so may result, at the Board's
discretion, with a Limited Assessment levied against such animal owner. The construction of dog runs or
other pet enclosures shall be subject to applicable Design Guidelines and shall be appropriately screened
and maintained in a sanitary condition. Dog runs or other pet enclosures shall be placed a minimum of
ten (10) feet from the side and/or rear Building Lot line, shall not be placed in any front yard of a Building
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Lot, and shall be screened from view so as not to be visible from Common Area or an adjacent Building
Lot.
4.11 No Mobile Homes or Temporary Structures No house trailer, manufactured home,
mobile home, tent (other than for short term recreational use), shack or other temporary building,
improvement or structure shall be placed upon any portion of the Property, except temporarily as may be
required by construction activity undertaken on the Property. Providing however, that a mobile office may
be placed upon a portion of the Property and/or Common Area by Grantor or Grantor's agents and/or
employees for the purpose of construction, operation and/or marketing Leeshire Subdivision or other
adjacent land until all such construction and/or marketing is complete.
4.12 Drainage. There shall be no interference with the established drainage pattern over any
portion of the Property, unless an adequate alternative provision is made for proper drainage and is first
approved in writing by the Design Committee or Modifications Committee, as applicable. For the
purposes hereof, "established" drainage is defined as the system of drainage, whether natural or
otherwise, which exists at the time the overall grading of any portion of the Property is completed be
Grantor, or that drainage which is shown on any plans approved by the Design Committee or
Modifications Committee, as applicable, which may include drainage from a Common Area over a Building
Lot in the Property.
4.12.1 ACHD Storm Water and Drainage Easement. Ada County Highway District
("ACHD") has a perpetual blanket storm water retention and drainage easement over portions of
this subdivision identified on the plat as Storm Water Drainage Facilities. Together these
easements are for access, to retain water, and to construct, install, maintain and replace the
storm water and drainage system and all facilities relating thereto. The storm drain system also
includes the street gutters, drop inlets, storm drain pipes and all related facilities. The primary
purpose of this storm drainage easement area is for the storage and drainage of storm water.
4.12.2 "Heavy" Maintenance of Drainage/Retention Area. Heavy maintenance
consists of periodically inspecting the retention and drainage facility to ensure it is functioning
properly; cleaning out the facility piping and mucking out the facility when the sediment level
exceeds the designed storage level. All other maintenance shall be referred to herein as "light"
maintenance. ACHD has opted to perform this "heavy" maintenance and shall be allowed to
perform this maintenance work. In the event the ACHD shall decide not to do such "heavy"
maintenance, then the Association shall do so.
4.12.3 "Light" Maintenance. The Association shall provide all "light" maintenance of
the drainage/retention and easement areas as set out in the Operation and Maintenance Manual
for Leeshire Subdivision. This Manual is on file with ACHD.
4.12.4 Association Failure to Maintain; ACHD Remedies. In the event that ACHD
determines, in its sole discretion, that the Association is not adequately performing its
maintenance responsibilities set out in the Manual above, then ACHD shall, before undertaking
maintenance of said area, provide written notice of its intention to begin maintenance after a thirty
(30) day period. Within that thirty (30) days the Association may undertake to initiate and conclude
all maintenance defects as identified by ACHD. In the event that the Association shall fail to
commence and conclude maintenance to the extent said items of specific maintenance are
identified by ACHD within the prescribed thirty (30) days, then in that event, ACHD may begin to
undertake such maintenance. ACHD is hereby granted an irrevocable license to enter upon any
portion of the common area to perform such inspection and maintenance of the Common Areas
identified herein.
Should ACHD engage in maintenance of the common area or facility after having provided notice
to the Association and having provided the Association an opportunity to undertake said
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maintenance, the Association shall pay all of the costs of the maintenance. ACHD shall first bill
the Association and if such bill shall not be paid within sixty (60) days, then ACHD shall be entitled
and empowered to file a taxable lien against all lots within this subdivision with power of sale as to
each and every lot in order to secure payment of any and all assessments levied against all lots
pursuant to the CC&R's as if said maintenance had been performed by the Association, together
with interest at the rate which accrues on judgments thereon and all costs of collection which may
be paid or incurred by ACHD.
The Association shall not be dissolved or relieved of its responsibility to maintain the defined
Common Area and facilities contained therein without the prior written approval from ACHD.
The Association and all Owners of Building Lots by accepting title to a Building Lot agree that all
Owners within Leeshire Subdivision are benefitted property owners of such maintenance.
4.13 Grading. All Improvements must be placed on any Building Lot in accordance with the
grading plan approved by the City of Meridian, Ada County, federal guidelines, and guidelines of the
Leeshire Subdivision engineer. The Owner of any Building Lot within the Property in which grading or
other work has been performed pursuant to a grading plan approved under applicable federal, state and/or
local laws, ordinances and/or by the Design Committee or Modifications Committee, as applicable, shall
maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage
structures, means or devices which are not the responsibility of any public agency, and plantings and
ground cover installed or completed thereon. Such requirements shall be subject to Limited Assessments
provided for herein.
Each Owner shall grade and drain such Owner's individual Building Lot (and maintain that grading
and drainage) to prevent the runoff or drainage of water onto any adjacent Building Lots. Each Owner
shall also refrain from using excessive irrigation water that overflows onto adjacent property. (Excessive
irrigation may also cause water to settle into crawl spaces and create numerous problems relating
thereto.) Grantor shall have no duty to grade any property. All grading and elevations shall be done by
each Owner. All Building Lots and property shall be graded at the time of building (and such grading shall
be maintained thereafter) so that:
A) the Building Lot will drain sufficiently away from any foundation with a proper
slope to keep water out of the crawl space of the home;
B) drainage will be directed to the side, rear and front yards and not to any adjacent
property;
C) grading and drainage shall comply with all applicable building code requirements.
It shall be the specific affirmative duty of each Owner to prevent any water on that Owner's
Building Lot from draining onto any other Owner's Building Lot (and/or into any neighboring crawl spaces).
In the event that an Owner does not adequately maintain the grade, drainage and slope of the Building Lot
as provided herein, or uses excessive irrigation water, such that water flows off such Owner's Building Lot
onto an adjacent property causing damage or injury, the offending Owner may be liable for any damages
occurring as a result and may be liable for all of the costs of remedial actions to correct the problem
should the offending Owner fail to correct the problem.
4.14 Water Supply Systems. No separate or individual water supply system, regardless of
the proposed use of the water to be delivered by such system, shall be permitted on any Building Lot
unless such system is approved by all government authorities having jurisdiction, and designed, located,
constructed and equipped in accordance with the requirements, standards and recommendations of the
Design Committee or Modifications Committee, as applicable, and City of Meridian and Grantor, so long
as Grantor is the Owner of Building Lots.
4.15 Enerqv Devices; Outside No energy production devices, including, without limitation,
generators of any kind, shall be constructed or maintained on any portion of the Property without the
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written approval of the Design Committee or Modifications Committee, as applicable, except for heat
pumps shown in the plans for a residential structure and as approved by the Design Committee or
Modifications Committee, as applicable. This Section shall not apply to passive solar energy systems
incorporated into the approved design of a residential structure or any back-up devices necessary for
utility pump stations.
4.16 Signs. No signs of any kind, including, without limitation, "for sale" signs, shall be
displayed on or from any portion of the Property except those signs approved by the Design Committee or
Modifications Committee, as applicable, or signs of Grantor or its representatives, agents, employees or
assigns, or signs required by law.
4.17 Antennae. No exterior radio antenna, television antenna, satellite dish antenna or other
antenna of any type shall be erected or maintained on the Property unless such is located or screened in a
manner acceptable to and approved by the Design Committee or Modifications Committee, as applicable.
4.18 No Further Subdivision. No Building Lot may be further subdivided unless expressly
approved in writing by Grantor and consistent with all applicable State and local laws and ordinances.
4.19 Leasing. The Owner of a Building Lot shall have the right to lease such Building Lot and
residential structure thereon, subject to the following conditions: (1) all leases shall be in writing; (2) such
lease shall be specifically subject to the Project Documents, and any failure of a tenant to comply with the
Project Documents shall be a default under the lease; and (3) the Owner shall be liable for any violation of
the Project Documents committed by the tenant of such Owner, without prejudice to the Owner's right to
collect any sums from such tenant paid by the Owner on behalf of the tenant.
4.20 Grantor's Right of Development. Nothing contained herein shall limit the right of
Grantor to grant licenses, to reserve rights -of -ways and easements for utility companies, public agencies
or others, or to complete excavation, grading and construction of Improvements to and on, under or about
any portion of the Property owned by Grantor and/or the Association, or to alter the foregoing and
Grantor's construction plans and designs, or to construct such additional Improvements as Grantor deems
advisable in the course of development of the Property so long as any Building Lot in the Property and
Leeshire Subdivision remains unsold by Grantor. Such right shall include, but shall not be limited to,
erecting, constructing and maintaining on the Property and Leeshire Subdivision such structures and
displays as may be reasonably necessary for the conduct of Grantor's business of completing the
development work and disposing of the Property and Leeshire Subdivision by sales, lease or otherwise.
Grantor shall have the right at any time prior to acquisition of title to a Building Lot by a purchaser to grant,
establish and/or reserve on that Building Lot additional licenses, reservations and rights -of -way to Grantor,
to utility companies, or to others as may from time to time be reasonable necessary for the proper
development and disposal of the Property and Leeshire Subdivision. Grantor may use any structures
owned by Grantor on the Property and Leeshire Subdivision as model home complexes or real estate
sales or leasing offices. Grantor need not seek or obtain Association, development office or Design
Committee or Modifications Committee, as applicable, approval of any Improvement constructed or
placed by Grantor on any portion of the Property and/or Leeshire Subdivision. The rights of Grantor in
connection with the Declaration may be assigned by Grantor to any successor in interest in connection
with Grantor's interest in any portion of the Property and Leeshire Subdivision, by an express written
assignment recorded in the Ada County Recorder's Office.
Grantor, in Grantor's sole discretion and in accordance with all applicable State and local zoning
laws, may amend and modify the Development Plan. By acceptance of a deed to any property in Leeshire
Subdivision, each Owner of such property thereby acknowledges and agrees the Development Plan for
the Property may be amended, modified or changed in Grantor's sole discretion, so long as the
Development Plan is consistent with applicable State and local zoning laws. Each Owner by acceptance
of a deed to any Building Lot or other property within Leeshire Subdivision agrees that such Owner shall
not object to or oppose any development of any portion of the Property and/or Leeshire Subdivision, or
other property owned or purchased by Grantor and annexed to the Property as more fully provided in
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Article XVI below. Such agreement not to oppose development is a material consideration to the
conveyance of any portion of the Property by Grantor to any and all Persons.
4.21 Compliance with Laws. Subject to the rights of reasonable contest, each Owner shall
promptly comply with the provisions of all applicable laws, regulations, ordinances and other governmental
or quasi -governmental regulations with respect to all or any portion of the Property.
4.22 Commencement of Construction. Any Owner of a Building Lot shall, within a period of
one (1) year following the date of purchase of a Building Lot from Grantor, commence the construction of
a residential structure in compliance with the restrictions herein, and such construction shall be completed
within six (6) months thereafter unless otherwise approved by Grantor. The term "commence the
construction" as used in this Section, shall require actual physical construction activities upon such
residential structure upon such Building Lot. In the event such Owner shall fail or refuse to commence the
construction of a residential structure within such one (1) year period, Grantor may, at Grantor's option,
following the expiration of such one (1) year period, repurchase such Building Lot from such Owner or the
then Owner of such Building Lot at a repurchase price equivalent to the money actually paid to Grantor,
less an amount equivalent to ten (10) percent thereof. In the event Grantor shall exercise Grantor's option
to repurchase such Building Lot, upon tender of such repurchase price, the then Owner of such Building
Lot shall make, execute and deliver to Grantor a deed reconveying such Building Lot, free and clear of all
liens, which deed shall be binding upon all persons who may, at any time thereafter, own or claim any
right, title, or interest in such Building Lot, and the successors in title thereto, whether acquired by
voluntary act or through operation of law. Grantor may execute an agreement with Owner of any Building
Lot consistent with this paragraph.
ARTICLE V: ASSOCIATION
5.1 Organization of Association. The Association shall be initially organized by Grantor as
an Idaho nonprofit corporation under the provisions of the Idaho Code relating to nonprofit corporations
and shall be charged with the duties and invested with the powers prescribed by law and set forth in the
Articles and Bylaws of the Association and this Declaration. Neither the Articles nor the Bylaws of the
Association shall be amended or otherwise changed or interpreted so as to be inconsistent with this
Declaration. Grantor grants to the Association a revocable, non-exclusive license to use the name
"Leeshire Subdivision" for the sole purpose of identifying the Association.
5.2 Members of Association. The Members shall be all Owners and no Owner, except
Grantor, shall have more than one membership in the Association. Memberships in the Association shall
be appurtenant to the Building Lot or other portion of the Property owned by such Owner. The
memberships in the Association cannot be terminated and shall not be transferred, pledged, assigned or
alienated in any way except upon the transfer of an Owner's title in and to such Building Lot or other
portion of the Property owned by such Owner, and then only to the transferee of such title. Any attempt to
make a prohibited membership transfer shall be void and shall not be reflected on the books of the
Association.
5.3 Voting. The Association will have two (2) classes of memberships.
5.3.1 Class A Members. Class A Members shall be all Owners with the exception of
Grantor, so long as Grantor is the Class B Member. Prior to the Class B Member Termination Date, as
defined below, no Class A Member shall be entitled to vote. Upon and after the Class B Member
Termination Date, each Owner shall be entitled to one (1) vote for each Building Lot owned by such
Owner. Upon termination of the Class B Member, Grantor shall become a Class A Member to the extent
Grantor is an Owner.
5.3.2 Class B Member. Grantor, by and through Grantor's designated representative
(Grantor's Delegate), shall be the Class B Member, and shall be entitled to one (1) vote for each of the
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Improved Building Lots for Leeshire Subdivision, less one (1) vote for each Building Lot owned by a
Person other than Grantor. The Class B Member shall cease to be a voting member in the Association at
the earlier of: (1) the date Grantor owns less than ten percent (10%) of the Building Lots within the
Property; or, (2) ten (10) years from the date this Declaration is recorded with the Ada County Recorder of
Idaho. This date may be referred to herein as the "Class B Member Termination Date."
5.4 Board of Directors and Officers The affairs of the Association shall be conducted and
managed by such officers as the Board may elect or appoint, in accordance with the Articles and Bylaws
of the Association, as the same may be amended from time to time. Not less than three (3) nor more than
seven (7) Members appointed by the Class B Member in the Class B Member's discretion. The Class B
Member shall have the right to remove or replace any Director, with or without cause, at the Class B
Member's discretion. After the Class B Member Termination Date, the Board shall be of the Class A
Members, including Grantor. For purposes of voting at Board meetings, each Class A Member, including
Grantor, when acting in their capacity as Board members, shall have the same number of votes as
provided further in Section 5.3 above. The Association may exercise any right or privilege given to the
Association expressly by this Declaration and the Project Documents, or as reasonably implied from or
reasonably necessary to effectuate any such right or privilege.
5.5 Power and Duties of the Association
5.5.1 Powers. The Association shall have all the powers of a nonprofit corporation
organized under the nonprofit corporation laws of the State of Idaho subject only to such limitations upon
the exercise of such powers as are expressly set forth in the Project Documents, and to do and perform
any and all acts which may be necessary, proper, and/or incidental to the proper management and
operation of the Association's business, Common Area and the Association's other assets, including
water and water rights, ditch and ditch rights, and storage and storage rights, when and if received from
Grantor, and the performance of the other responsibilities herein enumerated, including, without limitation:
5.5.1.1 Assessments. The power to levy Assessments on behalf of any Owner,
or any portion of the Property, pursuant to the restrictions provided in this Declaration, and to
enforce payment of such Assessments, all in accordance with the provisions of this Declaration.
This power shall include the right of the Association to levy Assessments on any Owner or any
portion of the Property to cover the operation and maintenance costs of Common Area.
5.5.1.2 Right of Enforcement The Association shall be the primary entity
responsible for enforcement of this Declaration. The power and authority from time to time in its
own name, on its own behalf, or on behalf of any Owner or Owners who consent thereto, to
commence and maintain actions and suits to restrain and enjoin any breach or threatened breach
of the Project Documents, and to enforce by injunction or otherwise, all provisions hereof. The
Association, after reasonable notice to the offender and/or to the Owner, may remove any
Improvement constructed, reconstructed, refinished, removed, added, altered or maintained in
violation of this Declaration and/or the Design Guidelines, and the Owner of the Improvements
shall immediately reimburse the Association for all expenses incurred with such removal. Each
violation of this Declaration and the Design Guidelines is hereby declared to be and to constitute a
nuisance, and every public or private remedy allowed for such violation by law or equity against an
Owner shall be applicable.
5.5.1.3 Delegation of Powers The authority to delegate its power and duties to
committees, officers, employees, or to any Person to act as manager for the maintenance, repair,
replacement and operation of any Common Area. The Association and the Members of the
Association shall not be liable for any omission or improper exercise by the manager of any such
duty or power so delegated. All contracts for management of any Common Area shall be for a
term not exceeding one (1) year, shall be terminable on thirty (30) days notice with or without
cause, and shall be subject to review by the Board.
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5.5.1.4 Association Rules. The Association shall be the primary entity
responsible for enforcement of the Association Rules. The power to adopt, amend and repeal by
majority vote of the Board such Association Rules and regulations as the Association deems
reasonable. The Association may govern the use of Common Area by Owners, their families,
invitees, licensees, lessees, or contract purchasers, including, without limitation, the use of
Common Area for organized recreational activities; provided, however, that the Association Rules
shall apply equally to all Owners and shall not be inconsistent with this Declaration. A copy of the
Association Rules as they may from time to time be adopted, amended or repealed shall be
mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association
Rules shall have the same force and effect as if they were set forth in and were a part of this
Declaration. In the event such Association Rules are inconsistent with or less restrictive than any
other provisions of this Declaration, the provisions of the Association Rules shall be deemed to be
superceded by the provisions of this Declaration to the extent of any such inconsistency.
5.5.1.5 Emergency Powers. The power, exercised by the Association or by any
Person authorized by the Association, to enter upon any portion of the Property (but not inside any
building constructed thereon) in the event of any emergency involving illness or potential danger to
life or property or when necessary in connection with any maintenance or construction for which
the Association is responsible. Such entry shall be made with as little inconvenience to the Owner
of such portion of the Property as practicable, and any damage caused thereby shall be repaired
by the Association.
5.5.1.6 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, under and about
Common Area as may be necessary or appropriate for the orderly construction of Improvements,
maintenance, preservation and enjoyment of the same, and for the preservation of the health,
safety, convenience and the welfare of Owners:
5.5.1.6.1 Underground lines, cables, wires, conduits or other
devices for the transmission of electricity or electronic signals for lighting, heating, power,
telephone, television or other purposes, and the above ground lighting stanchions,
meters, and other facilities associated with the provisions of lighting and services;
5.5.1.6.2 Public or private sewers, septic systems, storm drains,
water drains and pipes, water supply systems, sprinkling systems, heating and gas lines
or pipes, and any similar public or quasi -public improvements or facilities; and
5.5.1.6.3 Mailboxes and sidewalk abutments around such mailboxes
or any service facility, berm, fencing and landscaping abutting common area, public and
private streets or land conveyed for any public or quasi -public purpose including, without
limitation, pedestrian and bicycle pathways.
5.5.2 Duties. In addition to duties necessary and proper to carry out the power
delegated to the Association by the Project Documents, without limiting the generality thereof, the
Association or its agents, if any, shall have the authority and the obligation to conduct all business affairs
of the Association and to perform, without limitation, each of the following duties:
5.5.2.1 Operation and Maintenance of Common Area Operate, maintain, and
otherwise manage or provide for the operation, maintenance and management of Common Area,
including the repair and replacement of property damaged or destroyed by casualty loss and
including any signs placed at the entrances to, or otherwise in the vicinity of the Property. All
Waterways, drainage ponds, pipes and related facilities shall be maintained in accordance with
sound hydrological principles and irrigation company rules, where applicable. The Association
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shall, at Grantor's sole discretion, own and/or operate and/or maintain all properties owned by
Grantor which are designated by Grantor for temporary or permanent use by Members of the
Association;
5.5.2.2 Reserve Account. Establish and fund a reserve account with a
reputable banking institution or savings and loan association or title insurance company
authorized to do business in the State of Idaho, which reserve account shall be dedicated to the
costs of repair, replacement, maintenance and improvement of Common Area;
5.5.2.3 Maintenance of Berms Retaining Walls and Fences Maintain any
berms, retaining walls, and fences within and abutting any Common Area;
5.5.2.4 Maintenance of the Irrigation System The operation and maintenance
of the Irrigation System, defined below, contemplated for the Property when and if conveyed to the
Association. It is contemplated that Grantor shall construct the Irrigation System, and that Grantor
may transfer the Irrigation System to the Association by describing such transfer on a recorded
Plat, or granting or reserving the Irrigation System in a deed or other instrument, or in this
Declaration or in any Supplemental Declaration. Notwithstanding any other provision of this
Declaration, if Grantor has transferred the Irrigation System to the Association, the Association
shall have the right to transfer, sell or convey the Irrigation System to a public or private entity,
conditioned only upon reasonable assurances that the Irrigation System will be owned, operated
and maintained in a manner that will provide service from the Irrigation System to Owners on a
continuing basis with quality of service equal to the Community -Wide Standard, and service that
meets all applicable governmental laws, ordinances and regulations. For purposes of this Article,
Grantor is hereby appointed and made attorney -in -fact for the Association, with full power of
attorney to consummate any such transfer of the Irrigation System;
5.5.2.5 Taxes and Assessments Pay all real and personal property taxes and
Assessments separately levied against Common Area, or against other portions of the Property
owned by the Association. Such taxes and Assessments may be contested or compromised by
the Association, provided, however, that such taxes and Assessments are paid or a bond insuring
payment is posted prior to the sale or disposition of any property to satisfy the payment of such
taxes and Assessments. In addition, the Association shall pay all other federal, State and/or local
taxes, including income or corporate taxes levied against the Association;
5.5.2.6 Tax Returns. Timely file any and all tax return(s) with the appropriate
government entity;
5.5.2.7 Water and Other Utilities. Acquire, provide and/or pay for water, sewer,
garbage disposal, refuse and rubbish collection, electrical, telephone and gas and other
necessary services for Common Area, and to own and/or manage for the benefit of the Leeshire
Subdivision all water and water rights, ditch and ditch rights, and storage and storage rights, and
rights to receive water held by the Association, whether such rights are evidenced by license,
permit, claim, decree, stock ownership or otherwise;
5.5.2.8 Insurance. Obtain insurance from any reputable insurance company
authorized to do business in the State of Idaho, and maintain in effect any insurance policy the
Board deems necessary or advisable, and to the extent possible to obtain, including, without
limitation the following policies of insurance:
5.5.2.8.1 Fire insurance including those risks embraced by
coverage of the type known as the broad form "All Risk" or special extended coverage
endorsement on a blanket agreed amount basis for the full insurable replacement value of all
Improvements, equipment and fixtures located within Common Area;
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5.5.2.8.2 Comprehensive public liability insurance insuring the
Board, the Association, Grantor, and their agents and employees, invitees and guests of each of
the foregoing against any liability incident to the ownership and/or use of Common Area. Limits
on liability of such coverage shall be as follows: Not less than One Million Dollars ($1,000,000)
per person and One Million Dollars ($1,000,000) per occurrence with respect to personal injury or
death, and One Million Dollars ($1,000,000) per occurrence with respect to property damage;
5.5.2.8.3 Full coverage directors' and officers' liability insurance
with a limit of at least Two Hundred Fifty Thousand Dollars ($250,000);
5.5.2.8.4 Such other insurance, including motor vehicle insurance
and worker's compensation insurance, to the extent necessary to comply with all applicable laws,
and indemnity, faithful performance, fidelity and/or other bonds as the Board shall deem
necessary or required to carry out the Association functions or to insure the Association against
loss from malfeasance or dishonesty of any employee or other Person charged with the
management or possession of the Association funds or other property;
5.5.2.8.5 The Association shall be deemed trustee of the interests
of all Owners in connection with any insurance proceeds paid to the Association under such
policies, and shall have full power to receive such Owner's interests in such proceeds and to deal
therewith; and
5.5.2.8.6 Insurance premiums for the above insurance coverage
shall be deemed a common expense to be included in the Regular Assessments levied by the
Association.
5.5.2.9 Rule Making. Make, establish, promulgate, amend and repeal such
Association Rules as the Board shall deem advisable;
5.5.2.10 Newsletter. If the Association so elects, prepare and distribute a
newsletter on matters of general interest to Association Members, the cost of which shall be
included in Regular Assessments,
5.5.2.11 Design Committee Appoint and remove members of the Design
Committee following Grantor's relinquishment of right to appoint as conveyed in Article X, or
Modifications Committee, as applicable, subject to the provisions of this Declaration; and
5.5.2.12 Enforcement of Restrictions and Rules. Perform such other
acts, whether or not expressly authorized by this Declaration, as may be reasonably advised or
necessary to enforce any of the provisions of the Project Documents and any and all State or local
laws, ordinances, rules and regulations. Also including, without limitation, the recordation of any
claim of lien with the Ada County Recorder's Office, as more fully provided herein.
5.6 Annual Meeting The Association shall hold an annual meeting each year and the first
annual meeting shall be held during the month of May of the first calendar year following the first sale of a
Building Lot in the Property. Subsequent regular annual meetings of the Association shall be held as
provided in the Bylaws of the Association. Special meetings may be called as provided for in the Bylaws
of the Association. Notice of annual or special meetings of the Association shall be delivered to all
Members of the Association as provided in the Bylaws of the Association. All meetings shall be held
within the Property or as close thereto as practicable at a reasonable place selected by the Board. All
Members of the Association are encouraged to attend all annual and special meetings of the Association.
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5.7 Budgets and Financial Statements Financial statements for the Association shall be
prepared regularly and, upon request, copies shall be distributed to each Member of the Association as
follows:
5.7.1 A pro forma operating statement or budget for each fiscal year of the Association
shall be available for distribution not less than sixty (60) days before the beginning of each fiscal year.
The operating statement shall include a schedule of Assessments received and receivable.
5.7.2 Within ninety (90) days after the close of each fiscal year, the Association shall
cause to be prepared and available to each Owner, a balance sheet as of the last day of the Association's
fiscal year for the Association and annual operating statements reflecting the income and expenditures of
the Association for their fiscal last year. Copies of the balance sheet and operating statement shall be
available for distribution to each Member within ninety (90) days after the end of each fiscal year.
5.8 Manager. The Association may employ or contract for the services of a professional
manager or management company, provided that no such employment or contract shall have a term of
more than one (1) year, and each such contract shall be subject to cancellation by the Association upon
thirty (30) days notice, with or without cause, and without payment of a termination fee. The professional
manager so employed or contracted with shall not have the authority to make expenditures chargeable
against the Association except upon specific prior written approval and direction by the Board. The Board
shall not be liable for any omission or improper exercise by such a professional manager of any such duty,
power or function so delegated by or on behalf of the Board.
5.9 Personal Liability. No Member of the Board, or member of any committee of the
Association, or any officer of the Association, or Grantor, or the manager, if any, shall be personally liable
to any Owner, or to any other party including, without limitation, the Association, for any damage, loss or
prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association,
the Board, the manager, if any, or any officer, committee, or other representative or employee of the
Association, Grantor, or the Design Committee, provided that such Person, upon the basis of such
information as may be possessed by such Person, has acted in good faith without willful or intentional
negligence and/or misconduct.
5.10 Security. The Association may, but shall not be obligated to, maintain or support certain
activities within the Property designed to make the Property safer than otherwise might be. Neither the
Association, Grantor, nor any successor of Grantor shall in any way be considered insurers or guarantors
of security within the Property, nor shall any of them be held liable for any loss or damage by reason of
failure to provide adequate security or of ineffectiveness of security measures undertaken. No
representation or warranty is made that any fire protection system, burglar alarm system or other security
system cannot be compromised or circumvented, nor that any such systems or security measures
undertaken will in all cases prevent loss or provide the detection or protection for which the system is
designed or intended. Each Owner acknowledges, that the Association, Grantor, and any successor of
Grantor are not insurers and that each person using the Property assumes all risks for loss or damage to
persons, property, Building Lots, to Common Area, and to the contents of Building Lots resulting from acts
of third parties.
ARTICLES VI: RIGHTS TO COMMON AREAS
6.1 Use of Common Area, Every Owner, unless expressly designated otherwise by Grantor
in a Supplemental Declaration, shall have a right to use each parcel of Common Area, which right shall be
appurtenant to and shall pass with the title to every Building Lot subject to the following provisions:
6.1.1 The right of the Association holding or controlling such Common Area to levy and
increase Assessments for the construction, protection, maintenance, repair, management and operation
of Improvements on Common Area, including the right to Special Assessments;
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6.1.2 The right of the Association to suspend the voting rights and rights of use, or
interest in, Common Area by an Owner for any period during which any Assessment or charge against
such Owner's Building Lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction
of the Association Rules;
6.1.3 The right of the Association to dedicate or transfer all or any part of Common
Area to any public agency, authority or utility or other Person as provided further herein;
Common Areas; 6.1.4 The right of such Association to prohibit the construction of Improvements on all
6.1.5 The right of the Association to adopt rules regulating the use and enjoyment of
the Common Area, including rules restricting use of the Common Area to Occupants of Building Lots and
their guests and rules limiting the number of guests who may use the Common Area;
6.1.6 There is hereby reserved to all authorized users of any portion of the Common
Area an easement over the remaining Common Areas of the Association for direct ingress and egress to
and from such Common Area being leased, subject to Association Rules and regulations; and
6.1.7 The Common Area cannot be mortgaged or conveyed without the approval of
Owners, excluding Grantor, of at least two-thirds (2/3) of the total voting power in the Association. If
ingress or egress to any Building Lot is through Common Area, any conveyance or encumbrance of
Common Area shall be subject to an easement of Owners of such Building Lots for the purpose of ingress
and egress.
6.2 Designation of Common Area Grantor shall designate and reserve Common Area in
the Declaration, Supplemental Declarations and/or recorded Plats, deeds or other instruments.
6.3 Delegation of Right to Use Any Owner may delegate, in accordance with the Project
Documents, such Owner's right of enjoyment to Common Area, to the members of such Owner's family in
residence, and such Owner's tenants or contract purchasers who reside on such Owner's Building Lot.
6.4 Damages. Each Owner shall be fully liable for any damage to any Common Area which
may be sustained by reason of the negligence or willful misconduct of the Owner, such Owner's resident
tenant or contract purchaser, or such Owner's family or guests, both minor and adult. In the case of joint
ownership of a Building Lot the liability of such Owners shall be joint and several. The cost of correcting
such damage shall be Limited Assessment against such Owner(s) Building Lot(s) and may be collected as
provided herein for the collection of other Assessments.
6.5 Neighborhood Common Area The Development Plan does not contemplate that
Leeshire Subdivision will contain Neighborhood Common Area. However, certain portions of the Common
Area may be designated as "Neighborhood Common Area" and reserved for the exclusive use or
primary benefit of Owners, occupants and invitees of Building Lots. By way of illustration and not
limitation, Neighborhood Common Areas may include entry features, recreational facilities, landscaped
medians and cul-de-sacs, gates, private roads, and other portions of the Common Area the Leeshire
Subdivision. All costs associated with maintenance, repair, replacement, and insurance of Neighborhood
Common Areas shall be assessed as a Special Assessment against the Owners of Building Lots.
Initially, Grantor shall designate any Neighborhood Common Area as such and shall assign the
exclusive use thereof in a Supplemental Declaration or the Plat relating to such Common Area; provided,
any such assignment shall not preclude Grantor from later assigning use of the same Neighborhood
Common Area to additional Building Lots, so long as Grantor has a right to subject additional property to
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this Declaration. As long as Grantor owns any property described on Exhibit A for development and/or
sale, any such assignment or reassignment shall also require Grantor's consent.
ARTICLE VII: ASSESSMENTS
7.1 Covenant to Pay Assessments By acceptance of a deed to any Building Lot, each
Owner of such Building Lot, thereby covenants and agrees to pay when due all Assessments or charges
made by the Association, including all Regular, Special and Limited Assessments and charges made
against such Owner pursuant to the provision of this Declaration, any Supplemental Declaration or other
applicable Project Document.
7.1.1 Assessment Constitutes Lien. Such Assessments and charges together with
late charge(s), interest, costs and reasonable attorneys' fees which may be incurred in collecting the
same, shall be a continuing lien upon the property against which each such Assessment or charge is
made.
7.1.2 Assessment is Personal Obligation Each such Assessment, together with late
charge(s), interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the
Owner of such property beginning with the time when the Assessment falls due. No Owner shall be
exempt from such obligation by a waiver of the use and enjoyment of Common Area or by lease or
abandonment of such Owner's Building Lot.
No Owner may exempt such Owner from liability for Assessments, by nonuse of Common Area,
abandonment of such Owner's Building Lot, or any other means. The obligation to pay Assessments is a
separate and independent covenant on the part of each Owner. No diminution or abatement of
Assessments or set-off shall be claimed or allowed for any alleged failure of the Association or Board to
take some action or perform some function required of it, or for inconvenience or discomfort arising from
the making of repairs or improvements, or from any other action it takes.
7.2 Uniform Rate of Assessment All Assessments must be fixed at a uniform rate for each
type of Building Lot; provided, however, the basis and rate of Assessments for each type of use may be
varied. For example, Building Lots may be assessed variably based on each type of use including, without
limitation, single-family residential dwellings, townhomes or patio homes.
7.3 Date of Commencement of Assessments. The obligation to pay Assessments shall
commence as to each Building Lot on the first day of the month following: (1) the month in which the
Building Lot is made subject to this Declaration; or (2) the month in which the Board first determines a
budget and levies Assessments pursuant to this Article, whichever is later. The first annual Regular
Assessment levied on each Building Lot shall be adjusted according to the number of months remaining in
the fiscal year at the time Assessments commence on the Building Lot.
7.4 Exempt Property. The following property shall be exempt from payment of Regular
Assessments and Special Assessments:
(a) all Common Area and Neighborhood Common Area;
(b) any property dedicated to and accepted by any governmental authority or public
utility; and
(c) any property held by a conservation trust or similar nonprofit entity as a
conservation easement, except to the extent that any such easement lies within the boundaries of
a Building Lot which is subject to Assessment (in which case the Building Lot shall not be
exempted from Assessment).
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7.5 Capitalization of Association. Upon acquisition of record title to a Building Lot by the
first Owner thereof other than Grantor or a builder, a contribution shall be made by or on behalf of the
purchaser to the working capital of the Association in an amount equal to one-half of annual Regular
Assessment per Building Lot for that year. This amount shall be in addition to, not in lieu of, the annual
Regular Assessment and shall not be considered an advance payment of such Assessment. This amount
shall be deposited into the purchase and sales escrow and disbursed therefrom to the Association for use
in covering operating expenses and other expenses incurred by the Association pursuant to the terms of
this Declaration and the Project Documents.
7.6 Regular Assessments. All Owners are obligated to pay Regular Assessments to the
treasurer of the Association on a schedule of payments established by the Board.
7.6.1 Purposes of Regular Assessments The proceeds from Regular Assessments
are to be used for all costs and expenses incurred by the Association, including attorney's fees and other
professional fees, for the conduct of such Association affairs, including without limitation the costs and
expenses of construction, improvement, protection, maintenance, repair, management and operation of
Common Areas, including all Improvements located on such areas owned and/or managed and
maintained by the Association (the "Operating Expenses"), and an amount allocated to an adequate
reserve fund to be used for repair, replacement, maintenance and improvement to those elements of
Common Area, or other property of the Association that must be replaced and maintained on a regular
basis (the "Repair Expenses"). The Operating Expenses and the Repair Expenses are collectively
referred to herein as the "Expenses." Assessment may be levied for costs incurred to maintain certain
Neighborhood Common Areas.
7.6.2 Computation of Regular Assessments An Association shall compute the
amount of its Expenses on an annual basis. The board of the Association shall compute and levy the
amount of Regular Assessments owed by its Members for the first fiscal year within six (6) months
following the month in which the closing of the first sale of a Building Lot occurs in the Property for the
purposes of the Association's Regular Assessment ("Initiation Date"). Thereafter, the computation of
Regular Assessments by the Association shall take place not less that thirty (30) nor more than sixty (60)
days before the beginning of each fiscal year of the Association. The computation of the Regular
Assessment for the period from the Initiation Date until the beginning of the next fiscal year shall be
reduced by an amount which fairly reflects the fact that such period was less than one (1) year. The
Association is specifically authorized to enter into subsidy contracts or contracts for "in kind" contribution
of services, materials, or a combination of services and materials with Grantor or other entities for
payment of Expenses.
If the proposed budget is disapproved or the Board fails for any reason to determine the
budget for any year, then until such time as a budget is determined, the budget in effect for the
immediately preceding year shall continue for the current year. The Regular Assessment shall be set at a
level which is reasonably expected to produce total income for the Association equal to the total budgeted
expenses, including reserves. In determining the level of Assessments, the Board, in its discretion, may
consider other sources of funds available to the Association. In addition, the Board shall take into account
the number of Building Lots subject to Assessment on the first day of the fiscal year for which the budget
is prepared and the number of Building Lots reasonably anticipated to become subject to Assessment
during the fiscal year.
7.6.3 Amounts Paid by Owners The Board can require, in its discretion or as
provided in the Project Documents, payment of Regular Assessments to the Association in monthly,
quarterly, semi-annual or annual installments. Regardless of the installment schedule adopted by the
Board, the Board may bill for Assessments monthly, quarterly, semi-annually or annually, at its sole
discretion. The Regular Assessments to be paid by any particular Owner, except for Grantor, for any
given fiscal year shall be. -
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7.6.3.1 An amount computed by multiplying the Association's total advance
estimate of Expenses by the fraction produced by dividing the Building Lots in the Property subject
to this Declaration.
7.7 Grantor's Obligation for Assessments. While Grantor is a Class B Member, Grantor
may annually elect either to pay Regular Assessments on its unsold Building Lots, or to pay the difference
between the amount of Assessments collected on all other Building Lots subject to Assessment and the
amount of actual expenditures by the Association during the fiscal year. Unless Grantor otherwise notifies
the Board in writing at least sixty (60) days before the beginning of each fiscal year, Grantor shall be
deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal
year. Regardless of such election, the Association shall have a lien against all Building Lots owned by
Grantor to secure Grantor's obligations under this Section, which lien shall have the same attributes and
shall be enforceable in the same manner as the Association's lien against other Building Lots under this
Article. Grantor's obligations and/or payments hereunder may be satisfied in the form of cash or by "in
kind" contributions of services or materials, or by a combination of these.
So long as Grantor has the right unilaterally to annex additional property pursuant hereto, Grantor
may, but shall not be obligated to make payment of a subsidy (in addition to any amounts paid by Grantor
under this Section), which may be either a contribution, an advance against future Assessments due from
Grantor, or a loan, in Grantor's discretion. Any such subsidy and the nature thereof shall be conspicuously
disclosed as a line item in the expense budget and shall be made known to the Membership. The
payment of such subsidy in any year shall under no circumstances obligate Grantor to continue payment
of such subsidy in future years, unless otherwise provided in a written agreement between the Association
and Grantor.
7.8 Special Assessments.
7.8.1 Purpose and Procedure In the event that the Board shall determine that the
Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses for any
reason, including, without limitation, costs of construction, improvement, protection, maintenance, repair,
management and operation of Improvements upon Common Area, attorney's fees and/or litigation costs,
other professional fees, or for any other reason, the Board thereof shall determine the approximate
amount necessary to defray such Expenses and levy a Special Assessment against the portions of the
Property within its jurisdiction which shall be computed in the same manner as Regular Assessments.
The Board shall, in its discretion, determine the schedule under which such Special Assessment will be
paid.
7.8.2 Consistent Basis of Assessment. Every Special Assessment levied by and for
the Association shall be levied and paid upon the same basis as that prescribed for the levying and
payment of Regular Assessments for the Association. .
7.9 Limited Assessmentsm Notwithstanding the above provisions with respect to Regular
and Special Assessments, a board of the Association may levy a Limited Assessment against a Member
as a remedy to reimburse the Association for costs incurred in bringing the Member and/or such
Member's Building Lot into compliance with the provisions of the Project Documents or for damage
caused by the Owner, or any of such Owner's family, representatives or invitees, to any Common Area or
any other portion of the Property.
7.10 Assessment Period. Unless otherwise provided in the Project Documents, the
Assessment period for all Associations, shall be determined by the Board. The first Assessment shall be
pro -rated according to the number of months remaining in the fiscal year and shall be payable in equal
installments.
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7.11 Notice and Assessment Due Date Thirty (30) days prior written notice of Regular and
Special Assessments shall be sent by the Association to the Owner of every Building Lot subject thereto,
and to any Person in possession of such Building Lot. The due dates for installment payments of Regular
Assessments and Special Assessments shall be the first day of each month unless some other due date
is established by the Board. Each monthly installment of the Regular Assessment or Special Assessment
shall become delinquent if not paid within ten (10) days after due. There may accrue, solely at the Board's
discretion, on each delinquent installment payment a late charge equal to ten percent (10%) of the
delinquent installment. In addition, there may accrue, solely at the Board's discretion, on each installment
payment delinquent for more than twenty (20) days, interest at eighteen percent (18%) per annum
calculated from the date of delinquency to and including the date full payment is received by the
Association. The Association may bring an action against the delinquent Owner and may foreclose the
lien against such Owner's Building Lot as more fully provided herein.
7.12 Reserve Budget and Capital Contribution. The Board shall annually prepare reserve
budgets for general purposes which take into account the number and nature of replaceable assets, the
expected life of each asset, and the expected repair or replacement cost. The Board shall set the
required capital contribution in an amount sufficient to permit meeting the projected needs of the
Association, as shown on the budget, with respect both to amount and timing by annual Regular
Assessments over the budget period.
7.13 Estoppel Certificate. The Association, upon at least twenty (20) days prior written
request, shall execute, acknowledge and deliver to the party making such request, a statement in writing
stating whether, to the knowledge of the Association, a particular Owner is in default under the provisions
of this Declaration, and further stating the dates through which any Assessments have been paid by such
Owner. Any such statement delivered pursuant to this Article may be relied upon by any prospective
purchaser or mortgagee of Owner's Building Lot. Reliance on such statement may not extend to any
default of such Owner of which the signor of such statement shall have had no actual knowledge.
7.14 Special Notice and Quorum Requirements Notwithstanding anything to the contrary
contained in the Project Documents, written notice of any meeting called for the purpose of levying a
Special Assessment by the Association, or for the purpose of obtaining a membership vote in connection
with an increase in the Regular Assessment, shall be sent to all Members of the Association and to any
Person in possession of a Building Lot, not less than fifteen (15) days nor more than thirty (30) days
before such meeting. At the first such meeting called, the presence of voting Members or of proxies
entitled to cast sixty percent (60%) to the total votes of the Association shall constitute a quorum. If such
quorum is not present, subsequent meetings may be called subject to the same notice requirements, and
the required quorum at the subsequent meetings shall be fifty percent (50%) of the quorum required at the
preceding meeting. No such subsequent meeting shall be held more than thirty (30) days following the
preceding meeting.
ARTICLE VIII: ENFORCEMENT OF ASSESSMENTS; LIENS
8.1 Right to Enforce. The Association has the right to collect and enforce Assessments
pursuant to the provisions hereof. Each Owner of a Building Lot, upon becoming an Owner of such
this Declaration and agrees to the enforcement of all Assessments in the manner herein specified. the
o
Building Lot, shall be deemed to covenant and agree to pay each and every Assessment provided for in
event an attorney or attorneys are employed for the collection of any Assessment, whether by suit or
otherwise, or to enforce compliance with or specific performance of the terms, and conditions of this
Declaration, each Owner agrees to pay reasonable attorney's fees in addition to any other relief or remedy
obtained against such Owner. The Board or its authorized representative(s) may enforce the obligations
of Owners to pay such Assessments by commencement and maintenance of a suit at law or in equity to
enforce the liens created hereby. A suit to recover a money judgment for an unpaid Assessment shall be
maintainable without foreclosing or waiving the lien hereinafter provided.
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8.2 Assessment Liens.
8.2.1 Creation. There is hereby created a claim of lien on each and every Building Lot
to secure payment of any and all Assessments levied against such Building Lot pursuant to this
Declaration together with interest thereon at the maximum rate permitted by law and all costs of collection
which may be paid or incurred by the Association making the Assessment in connection therewith,
including reasonable attorney's fees. All sums assessed in accordance with the provisions of this
Declaration shall constitute a lien on such respective Building Lots upon recordation of a claim of lien with
the Ada County Recorder's Office. Such lien shall be prior and superior to all other liens or claims created
subsequent to the recordation of the notice of delinquency and claim of lien except for tax liens for real
property taxes on any Building Lot and Assessments on any Building Lot in favor of any municipal or other
governmental assessing body which, by law, would be superior thereto.
8.2.2 Claim of Lien. Upon default of any Owner in the payment of any Regular,
Special or Limited Assessment issued hereunder, the Association may cause to be recorded in the Ada
County Recorder's Office a claim of lien. The claim of lien shall state the amount of such delinquent sums
and other authorized charges (including the cost of recording such notice), a sufficient description of the
Building Lot(s) against which the same have been assessed, and the name of the record Owner thereof.
Each delinquency shall constitute a separate basis for a notice and claim of lien, but any number of
defaults may be included within a single notice and claim of lien. Upon payment to the Association of such
delinquent sums and charges in connection therewith or other satisfaction thereof, the Association shall
cause to be recorded a further notice stating the satisfaction of relief of such delinquent sums and
charges. The Association may demand and receive the cost of preparing and recording such release
before recording the same.
8.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action in court.
8.4 Subordination to Certain Trust Deeds. The lien for the Assessments provided for
herein in connection with a given Building Lot shall not be subordinate to the lien of any deed of trust or
mortgage except the lien of a First Mortgage given and made in good faith and for value that is of record
as an encumbrance against such Building Lot prior to the recordation of a claim of lien for the
Assessments. Except as expressly provided in this Article, with respect to a first mortgagee who acquires
title to a Building Lot, the sale or transfer of any Building Lot shall not affect the Assessment lien provided
for herein, nor the creation thereof by the recordation of a claim lien, on account of the Assessments
becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer
diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in this
Declaration.
ARTICLE IX: INSPECTION OF AN ASSOCIATION'S BOOKS AND RECORDS
9.1 Member's Right of Inspection The membership register, books of account and
minutes of meetings of the Board and committees of the Association shall be made available for
inspection and copying by any Member of such Association or by such Member's duly appointed
representatives, at any reasonable time and for a purpose reasonably related to such Member's interest
as a Member at the office of the Association or at such other place as the Board of such Association shall
prescribe. No Member or any other Person shall copy the membership register for the purposes of
solicitation of or direct mailing to any Member of such Association.
9.2 Rules Regarding Inspection of Books and Records The Board of the Association
shall establish reasonable rules with respect to: notice to be given to the custodians of the records by the
Persons desiring to make the inspection; hours and days of the week when such inspection may be made;
and payment of the cost of reproducing copies of documents requested pursuant to this Article.
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9.3 Director's Rights of Inspection Every director of the Board of the Association shall
have the absolute right at any reasonable time to inspect all books, records and documents of such
Association, and the physical properties owned or controlled by the Association. The right of inspection by
a director includes the right to make extracts and copies of documents.
ARTICLE X: DESIGN COMMITTEE; MODIFICATION COMMITTEE
10.1 Design Committee Creation; Riqht of Appointment Before or within thirty (30) days
after the date on which Grantor first conveys a Building Lot to an Owner, Grantor shall appoint three (3)
individuals to serve on the Leeshire Subdivision Design Committee which Design Committee shall have
exclusive jurisdiction over all original construction on any portion of the Property or any other real property
annexed as provided further in Article XVI. Until one hundred percent (100%) of the Property has been
developed and conveyed to Owners other than builders, Grantor retains the right to appoint all members
of the Design Committee who shall serve at Grantor's discretion. There shall be no surrender of this right
prior to that time except in a written instrument in recordable form executed by Grantor. Upon the
expiration of such right, the Board shall appoint the members of the Design Committee, who shall serve
and may be removed at the Board's discretion.
10.2 Modifications Committee; Right of Appointment. The Grantor or Board may establish
a Modifications Committee ("Modifications Committee") to consist of at least three (3) and no more than
five (5) persons, all of whom shall be appointed by and shall serve at the discretion of the Board. The
Modifications Committee, if established, shall have exclusive jurisdiction over modifications, additions, or
alterations made on or to existing structures on Building Lots. The Design Committee shall have the right
to veto any action taken by the Modifications Committee which the Design Committee determines, in its
sole discretion, to be inconsistent with the Design Guidelines and/or the Community -Wide Standard.
10.3 Appointment of Design Committee Representative The Design Committee or
Modifications Committee, as applicable, may appoint in writing one (1) of its members to act as its
designated representative (the "Committee Representative"). The Committee Representative may be
delegated all duties and obligations of the Design Committee or Modifications Committee, as applicable.
In the event a Committee Representative is appointed, it is intended that the Design Committee or
Modifications Committee, as applicable, shall look to the Committee Representative to perform all
functions of the Design Committee or Modifications Committee, as applicable, provided however, the
Design Committee or Modifications Committee, as applicable, shall make all final determinations and
decisions regarding all Design Committee or Modifications Committee, as applicable, duties and
obligations. Any action or decision made by two (2) members of the Design Committee or three (3)
members of the Modifications Committee shall be a binding decision of the entire Design Committee or
Modifications Committee, as applicable.
10.4 Improvements Generally. The Grantor and Design Committee shall draft the Design
Guidelines for the construction and reconstruction of all Improvements on the Property. No Improvements
on any portion of the Property shall be constructed, reconstructed, placed or removed from the Property
without prior written consent of the Design Committee or Modifications Committee, as applicable. The
Design Guidelines shall be used and drafted by the Design Committee to ensure that all Improvements
conform and harmonize as to external design, quality and type of construction, architectural character,
materials, color, location on the Building Lot, height, grade and finish ground elevation, natural conditions,
landscaping and all aesthetic considerations, including guidelines designed to protect the special qualities
and Community -Wide Standard of Leeshire Subdivision, and to encourage creative design, by providing
general architectural, design and construction guidelines (including building envelope guidelines),
landscape guidelines (including a description of existing, natural conditions and vegetation), submittal and
review procedures, and fees and charges for review. The Design Guidelines shall be drafted to conform
to this Declaration. In the event of a conflict between the Design Guidelines and this Declaration, this
Declaration shall govern. The content of the Design Guidelines, may be modified and amended from time
to time as provided in the Design Guidelines, and in all events can be modified and changed by a majority
vote of the Board. Nothing contained in this Article limits any Owner's obligation and duty to ensure that
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such Owner's Building Lot Improvements are in compliance with this Declaration, any Supplemental
Declaration, the Design Guidelines, any other Project Documents or applicable State or local laws.
10.5 Expenses. The Design Committee or Modifications Committee, as applicable, shall have
the right to charge a fee for each application submitted to the Design Committee or Modifications
Committee, as applicable, for review in an amount which may be established by the Design Committee or
Modifications Committee, as applicable, from time to time and such fees shall be collected by the Design
Committee or Modifications Committee, as applicable, and remitted to the Association to help defray the
expenses of the Design Committee's or Modifications Committee's, as applicable, operation, including
reasonable payment to each member of the Design Committee or Modifications Committee, as applicable,
for their services as provided herein.
10.6 Non -Liability of Design Committee and Modification Committee Members Approval
by the Design Committee or Modification Committee shall not Imply that Improvements meet any
applicable federal, state and/or local laws and ordinances, and does not assure approval of the
Improvements by any appropriate governmental or quasi -governmental agency, board or commission.
Applicant and/or Owner shall ensure that such Improvements meet any and all applicable federal, state
and/or local laws and ordinances. Notwithstanding that the Design Committee or Modifications
Committee, as applicable, has approved Improvements, plans and specifications, neither the Design
Committee or Modifications Committee, as applicable, nor any of their members shall be responsible or
liable to the Association or to any Person, Owner, or Grantor with respect to any loss, liability, claim or
expense which may arise by reason of such approval of the Improvements, unless due to the willful
misconduct or bad faith of the Design Committee or Modifications Committee, as applicable. Neither the
Board, Design Committee or Modifications Committee, as applicable, nor any agent thereof nor Grantor
nor any of its partners, employees, agents or consultants shall be responsible in any way for any defects in
any plans or specifications submitted, revised or approved in accordance with the provisions of the Design
Guidelines, nor for any structural or other defects in any work done according to such plans and
specifications. In any and all events, the Design Committee or Modifications Committee, as applicable,
shall be defended, indemnified and held harmless by the Association in such suit or proceeding which
may arise in connection with a Design Committee or Modifications Committee, as applicable, decision.
The Association, however, shall not be obligated to defend, indemnify and hold harmless any member of
the Design Committee or Modifications Committee, as applicable, to the extent any such member of the
Design Committee or Modifications Committee, as applicable, shall be adjudged to be liable for willful
misconduct or bad faith in the performance of such member's duty as a member of the Design Committee
or Modifications Committee, as applicable, unless and only to the extent that a court in which such action
or suit may be brought shall determine that, in view of all circumstances of the case, such member is fairly
and reasonably entitled to indemnification and defense for such expenses if such court shall deem it
proper.
10.7 Variances. The Design Committee or Modifications Committee, as applicable, may
authorize variances from compliance with any of the Design Guidelines, 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, and must be signed by at least two (2) members of the Design
Committee or three (3) members of the Modifications Committee. If such variances are granted, no
violation of the covenants, conditions and restrictions contained in this Declaration, or the Design
Guidelines 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 or the Design Guidelines for any purpose except as to the particular Building Lot and particular
provision covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all
governmental laws and regulations affecting such Owner's use of the Property, including but limited to
zoning ordinances and lot setback lines or requirements imposed by governmental or municipal authority.
10.8 Enforcement. Any Improvement placed or made in violation of this Article shall be
deemed to be nonconforming. Upon written request from the Board or Grantor, such offending Owner
shall, at its own cost and expense, remove such Improvement or restore the land to substantially the
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same condition as existed prior to the nonconforming work. Should an Owner fail to remove and restore
as required, the Board or its designees shall have the right to enter the Building Lot, remove the violation,
and restore the Building Lot to substantially the same condition as previously existed. All costs, together
with the interest at the maximum rate then allowed by law, may be assessed against the Building Lot and
collected as a Limited Assessment.
Any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply
with the terms and provisions of the Declaration and the Design Guidelines may be excluded by the Board
from the Property. In such event, neither the Association, its officers, or directors shall be held liable to
any Person for exercising the rights granted hereunder. In addition to the foregoing, the Association shall
have the authority and standing to pursue all legal and equitable remedies available to enforce the
provisions of the Declaration and the decisions of the Design Committee and/or Modifications Committee
10.9 Grantor's Exemption. Any and all Improvements constructed by Grantor on or to the
Property are not subject to review and approval by the Design Committee or Modifications Committee, as
applicable.
ARTICLE XI: EASEMENTS
11.1 Owners: Easements of Enioyment Every Owner shall have a nonexclusive easement
for the use and enjoyment of Common Area which shall be appurtenant to and shall pass with the title to
every Building Lot, subject to the easements set forth in this Declaration, as supplemented and amended
from time to time.
11.2 Delegation of Use. Any Owner may delegate, in accordance with the Project
Documents, such Owner's right of enjoyment in Common Area, to such Owner's tenants, employees,
family, guests or invitees.
11.3 Recorded Easements. The Property, and all portions thereof, shall be subject to all
easements shown on any recorded Plat affecting the Property, or any portion thereof, and to any other
easements of record or of use as of the date of recordation of this Declaration, as supplemented and
amended from time to time.
11.4 Easements of Encroachment. There shall be reciprocal appurtenant easements of
encroachment as between each Building Lot and such portion or portions of Common Area adjacent
thereto, or as between adjacent Building Lots, due to the inadvertent placement or settling or shifting of
Improvements including, without limitation, structures, walkways, bike paths, sidewalks and driveways
constructed, reconstructed or altered thereon in accordance with the terms of this Declaration. Easements
of encroachment shall be valid only so long as they exist, and the rights and obligations of Owners shall
not be altered in any way because of encroachments, settling or shifting of the Improvements; provided,
however, that in no event shall a valid easement for encroachment occur due to the willful or bad faith
act(s) of an Owner. In the event a structure on any Building Lot is partially or totally destroyed, and then
repaired or rebuilt, Owners of each Building Lot agree that minor encroachments within and over adjoining
Building Lots that existed prior to the encroachment may be reconstructed pursuant to the easement
granted by this Section.
11.5 Easements of Access. Grantor expressly reserves for the benefit of all the Property
reciprocal easements of ingress and egress for all Owners to, from over and across their respective
Building Lots for installation and repair of utility services, for drainage of water over, across and upon
adjacent Building Lots and Common Areas resulting from the normal use of adjoining Building Lots and
Common Areas, and for necessary construction, maintenance and repair of any Improvement including,
without limitation, fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments, trees,
pathways and landscaping. Such easements may be used by Grantor, and be all Owners, their guests,
tenants and invitees, residing on or temporarily visiting the Property, for pedestrian walkways, vehicular
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access and such other purposes reasonable necessary for the use and enjoyment of a Building Lot or
Common Area.
11.6 Drainage and Utility Easements Notwithstanding anything expressly or impliedly
contained to the contrary, the Property shall be subject to all easements heretofore or hereafter granted by
Grantor for the installation and maintenance of utilities and/or drainage facilities that are required for the
development of the Property. In addition, Grantor hereby reserves for the benefit of the Association the
right to grant additional easements and rights -of -way over the Property, as appropriate, to utility
companies and/or public agencies as necessary or expedient for the proper development of the Property
until close of escrow for the sale of the last Building Lot in the Property.
11.6.1 Improvement of Drainage and Utility Easement Areas The Owners of
Building Lots are hereby restricted and enjoined from constructing or altering any Improvements upon any
drainage and/or utility easement areas as shown on the Plat(s) or otherwise designated in any recorded
document which would interfere with or prevent the easement from being used for its intended purpose;
provided, however, that any Owner, Association, designated Person or Grantor having interest in the
landscaping easement described in this Article, shall be entitled to install and maintain landscaping on
such easement areas, subject to approval by the Design Committee or Modifications Committee, as
applicable, so long as the same would not interfere with or prevent the easement area from being used for
their intended purposes; provided further, that any damage sustained to Improvements on the easement
areas as a result of legitimate use of the easement area shall be the sole and exclusive obligation of the
Owner of the Building Lot where Improvements were so damaged, or in the event the easement area
where Improvements were so damaged is located in a Common Area or Neighborhood Common Area,
the Association shall be responsible for the damage sustained and may impose a Special Assessment
therefore.
11.7 Rights and Duties Concerning Utility Easements The rights and duties of Owners of
the Building Lots within the Property with respect to utilities shall be governed by the following:
11.7.1 Wherever utility house connections are installed within the Property, which
connections or any portions thereof lie in or upon Building Lots owned by an Owner other than the Owner
of the Building Lot served by the connections, the Owner of the Building Lot served by the connections
shall have the right, and is hereby granted an easement to the full extent necessary therefor, to enter upon
any Building Lot or to have their agent enter upon any Building Lot within the Property in or upon which
such connections or any portion thereof lie, to repair, replace and generally maintain the connections as
and when it may be necessary; and
11.7.2 Whenever utility house connections are installed within the Property, which
connections serve more than one Building Lot the Owner of each Building Lot served by the connections
shall be entitled to full use and enjoyment of such portions of such connections as service such Owner's
Building Lot.
11.8 Party Structures Each wall, fence, driveway or similar structure built as a part of the
original construction on the Building Lots which serves and/or separates any two adjoining Building Lots
shall constitute a party structure. To the extent not inconsistent with the provisions of this Section, the
general rules of law regarding party walls and liability for property damage due to negligence or willful acts
or omissions shall apply thereto. All Owners who make use of the party structure shall share the cost of
reasonable repair and maintenance of such structure equally. If a party structure is destroyed or damaged
by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out
of the proceeds of insurance, any Owner who has used the structure may restore it. If other Owners
subsequently use the structure, they shall contribute to the restoration cost in equal proportions. However,
such contribution will not prejudice the right to call for a larger contribution from the other users under any
rule of law regarding liability for negligent or willful acts or omissions. The right of an Owner to contribution
from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's
successors -in -title.
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11.9 Driveway Easements. Whenever a party structure that is a driveway is installed within
the Property which in whole or in part lies upon a Building Lot owned by an Owner other than the Owner of
the Building Lot served, or is installed to serve more than one Building Lot, the Owner of each Building Lot
served by such driveway shall be entitled to full use and enjoyment of such other Building Lot as required
to service such Owner's Building Lot or to repair, replace and maintain such driveway.
The Owners desiring or using such driveway shall, by virtue of the installation of such driveway,
automatically agree to provide Maintenance to such driveway, which Maintenance cost shall be shared
equally. The Owners may enter into a maintenance agreement not inconsistent with this Section.
"Maintenance" of such driveway shall mean and include, without limitation: (a) construction of a concrete
or asphalt or other hard surface material driveway in the location agreed upon by such Owners' (b)
maintenance and repair of the surface and subsurface of such driveway, as necessary, to maintain such
driveway in a relatively level and evenly covered condition at the same grade and elevation as on the date
such driveway construction is completed; and (c) removal from such driveway of snow, paper, rubbish and
debris.
One or both Owners who have use of such driveway shall have the right, from time to time, to
agree with the other Owner to relocate and/or reconfigure all or a portion of such driveway; provided,
however, nothing either Owner does in connection with such relocation and/or reconfiguration shall
permanently interfere with the free and unimpeded flow of vehicular and pedestrian traffic between the
Building Lot(s) and any public and/or private right-of-way beyond the specific time reasonably required to
accomplish any permitted relocation and/or reconfiguration. Such Owners agree to comply in all respects
with any and all statutes, laws, ordinances, codes, regulations, rules and restrictive covenants in
connection with the use of such driveway.
Each such Owner agrees to indemnify, hold harmless and defend the other Owner for and against
liability, costs and expenses, including reasonable attorneys' fees, for, without limitation: damages,
losses, injuries, or death to persons; or damages, infringements or losses to or of property, whether
personal, real or intangible; or violations of any statute, law, ordinance, code, regulation or rule of any
entity which may be asserted against the other Owner arising out of or in relation to the use and/or
maintenance of such driveway by the other Owner, the other Owner's agents, guests, invitees, successors
and assigns. In the event of a breach of any term, covenant, restriction or condition hereunder or under
any maintenance agreement, the non -breaching party shall have, in addition to the right to collect
damages, the right to enjoin such breach or threatened breach in a court of competent jurisdiction.
Whenever a transfer of ownership of a Building Lot served by such driveway occurs, the liability hereunder
or under such maintenance agreement of the transferor for breach of covenant occurring thereafter
automatically shall terminate and the transferee shall become liable for the covenants and obligations
hereunder or under such maintenance agreement from and after such transfer of ownership.
11.10 General Landscape Easement. An easement is hereby reserved to the Association, its
contractors, employees, and agents, to enter those portions of Building Lots, for the purpose of installing,
maintaining, replacing and restoring exterior landscaping, and natural vegetation and/or habitat. Such
landscaping activity shall include, by way of illustration and not of limitation, the mowing of lawns,
irrigation, sprinkling, tree and shrub trimming and pruning, walkway improvement, seasonal planting and
such other landscaping activities within the Property as the Association shall determine to be necessary
from time to time.
11.11 Grantor's Rights Incident to Construction Grantor, for itself and its successors and
assigns, hereby retains a right and easement of ingress and egress over, in, upon, under, and across the
Property and the right to store materials thereon and to make such other use thereof as may be
reasonably necessary or incident to the construction of the Improvements on the Property owned by
Grantor; provided, however, that no such rights shall be exercised by Grantor in such a way so as to
unreasonably interfere with the occupancy, use, enjoyment, or access to an Owner's Building Lot by that
Owner or such Owner's family, tenants, employees, guests, or invitees.
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11.12 Easements Deemed Created. All conveyances of Building Lots made after the date of
the recording of the Declaration, as amended and supplemented from time to time, whether by Grantor or
otherwise, shall be construed to grant and reserve the easements contained in this Article, even though no
specific reference to such easement or to this Article appears in the instrument for such conveyance.
11.13 Waterway Easements Grantor hereby reserves an easement for all Waterways and
related pipes, pumps and other equipment over, across, under and through all Building Lots and Common
Areas to the extent reasonably required to maintain any Waterway system that may be installed by
Grantor on the Property, including, without limitation, the Irrigation System. Any relocation of the water
lines installed as a part of such system shall not be undertaken in any way which interrupts the flow of
water through the system or damages the system in any other fashion. Grantor reserves the right to make
any reconfiguration of any Waterway which Grantor determines, in Grantor's own discretion, to be
necessary, expedient or desirable; provided, however, that nothing herein shall reserve unto Grantor the
right to take any action which would disturb, encroach upon or endanger the foundation of any building,
nor shall Grantor take any action which would materially alter any Waterway's proximity to improved
property abutting such Waterway. Under no circumstances whatsoever shall the Waterways be used by
any Owner, Member, tenants, invitees, and/or guests for recreational purposes including, without
limitation, wading and/or swimming.
11.14 Reservation for Expansion Grantor hereby reserves to itself and for Owners of
Building Lots a perpetual easement and right-of-way for access over, upon, across and through the
Property for construction, utilities, drainage, ingress and egress, and for use of Common Area for the
expansion of Leeshire Subdivision. The location of these easements and rights -of -way must be approved
by the Board and may be documented by Grantor by recorded instruments.
11.15 Emergency Easement A general easement is hereby granted to all police, sheriff, fire
protection, ambulance, and all other similar emergency agencies or Persons to enter the Property in the
proper performances of their duties.
11.16 Maintenance Easement An easement is hereby reserved to Grantor, which may be
granted to any or all Associations, and any Member of their Board or manager, if any, and their respective
officers, agents, employees, and assigns, upon, across, over, in, and under the Building Lots and a right to
make such use of the Building Lots as may be necessary or appropriate to make emergency repairs or to
perform the duties and functions which the Association is obligated or permitted to perform pursuant to the
Projects Documents, including the right to enter upon any Building Lot for the purpose of performing
maintenance to the landscaping or the exterior of Improvements to such Building Lot as required by the
Project Documents.
11.17 Association's Responsibility. The Association shall maintain and keep Common Area
in good repair, such maintenance to be funded as provided herein. This maintenance shall include,
without limitation, maintenance, repair, and replacement, subject to any insurance then in effect, of all
landscaping and other flora, structures, and Improvements situated within Common Area.
ARTICLE XII: IRRIGATION WATER
12.1 Irrigation System. Each Building Lot shall have access to a pressured irrigation water
system ("Irrigation System") and irrigation water, when seasonally available, will be supplied through the
Irrigation System. It is contemplated that Grantor shall construct the Irrigation System, and that Grantor
may transfer the Irrigation System to the Association by describing such transfer on a recorded Plat, or
granting or reserving the Irrigation System in a deed or other instrument, or in this Declaration or in any
Supplemental Declaration. Payments for water use shall be made by the Association and all operation
and maintenance costs of the Irrigation System shall be paid for and through Assessments. Use of and
Assessments in connection with the Irrigation System shall be subject to such rules and regulations of the
Association governing use of and Assessments in connection with the Irrigation System as may be
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adopted by the Association from time to time. Notwithstanding any other provision of this Declaration, if
Grantor has transferred the Irrigation System to the Association, the Association shall have the right to
transfer, sell or convey the Irrigation System to a public or private entity, conditioned only upon reasonable
assurances that the Irrigation System will be owned, operated and maintained in a manner that will
provide service from the Irrigation System to Owners on a continuing basis with quality of service equal to
the Community -Wide Standard, and service that meets all applicable governmental laws, ordinances and
regulations. For purposes of this Article, Grantor is hereby appointed and made attorney -in -fact for the
Association, with full power of attorney to consummate any such transfer of the Irrigation System.
12.2 Non -Potable Water. The non -potable Irrigation System contains inherent dangers. Use
of the Irrigation System shall be subject to such rules, regulations, laws and ordinances as may be
adopted and amended from time to time, of the local jurisdiction, State of Idaho, and federal government,
if any, and the Association, governing the use of the Irrigation System including, without limitation, all
requirements of the "Idaho Rules for Public Drinking Water Systems." Each Owner shall clearly mark
every non -potable water tap on such Owner's Building Lot with a warning label or sticker, and shall
maintain such label or sticker. No Owner, nor any other person claiming right under any Owner, shall
cause or allow to be caused, any connection between the Domestic Water System and the Irrigation
System. Cross -connections of any type or kind whatsoever between the non -potable Irrigation System
and potable water lines are strictly prohibited.
12.3 Owner Responsibilities; Location of Lines. Each individual Building Lot will have a
control valve on the pressurized irrigation system to allow irrigation water onto that individual Building Lot.
Each Building Lot Owner shall be responsible for his own irrigation system on his own Building Lot
downstream from the control valve (e.g., filters, screens, sprinkler lines and sprinkler heads). Each Owner
shall install a sufficient sand screen or similar filter set up to keep sand and other irrigation ditch debris out
of the Owner's irrigation system. Each Owner shall clean and maintain their own screens and filter
systems. Each Building Lot Owner shall use all reasonable efforts to conserve and not waste irrigation
water. Any Owner damaging the main Irrigation System shall be responsible for all of the costs of that
damage.
12.4 Water Unreliable. The area of the country where Leeshire Subdivision is located is
desert. Irrigation water is not always reliable and such water is not unlimited. Irrigation water may not be
available due to, without limitation, drought, harsh weather conditions, government actions, system
breakdowns, transmission failures, overuse by Building Lot Owners or any other causes. Each Owner
assumes the risk of any water shortage, and in the event that there is a water shortage, each Owner must
be prepared to use such Owner's domestic water supply.
12.5 Rotation. No Building Lot in this Subdivision shall have any right to, or assurance of, a
continuous or unlimited supply of irrigation water from the Irrigation System. Nor is any Building Lot
guaranteed enough water from the Irrigation System to irrigate all of the landscaping on the Building Lot.
Each Building Lot shall be subject to, and each Building Lot Owner by accepting a deed to a Building Lot
in Leeshire Subdivision agrees to be bound by and to comply with, any rules or regulations which may be
established for the use and rotation of irrigation water between the Building Lots by the Association. All
Building Lot Owners and occupants shall follow said water rotation schedules and any rules promulgated
relative to the use of irrigation water. Failure to adhere to the rotation schedule or rules may, following
notice from the Board, result in suspension of the right to use irrigation water.
12.6 No Liability. Neither the Association nor the Grantor (or any members, employees,
agents, officers or directors thereof) shall have any liability of any kind to any Owner, tenant, Association,
member of the Association or any others for any losses or damages relating in any respect to the Irrigation
System, or irrigation water, or the lack thereof, including but not limited to damages to, or loss of lawns,
landscaping, trees, shrubs, gardens or the like caused by the lack of, or shortage of, irrigation water. Each
Owner accepts the risk of loss or damage due to the unavailability, shortage or lack of irrigation water.
12.7 WARNING! IRRIGATION WATER IS NOT DRINKABLE
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Notice is hereby given to each Owner in Leeshire Subdivision that the water in the Irrigation
System is NOT fit for human consumption. It contains untreated ditch or pond water, which may contain
dirt, hazardous wastes or farm chemicals or disease -causing organisms. Drinking of the irrigation water
may make a person sick, and could result in death or permanent disability.
NEVER DRINK WATER FROM THE PRESSURIZED IRRIGATION SYSTEM
It is the duty of each Owner to:
1 ) educate all family members, guests, tenants and invitees that the water from the Irrigation
System is not drinkable;
2) ensure that ALL of the faucets and risers in the Irrigation System are adequately marked,
and if not marked to check with the local health department to determine what type of markings are
required by that health department or agency;
3) not remove any existing tags or other warning markers from the irrigation risers;
4) not install, or maintain the installation of, any cross connections between the Irrigation
System and the drinking water system unless the cross connection has been approved in writing by the
Association AND the supplier of the irrigation water AND the supplier of the drinking water AND the cross
connection back flow prevention device meets all relevant governmental and building code requirements.
12.8 No Liability for Quality or Quantity of Water. Neither the Association nor the Grantor
(or any members, employees, agents, officers, shareholders or directors thereof) shall have any liability of
any kind to any Owner, Occupant, Association, and/or any others for any losses, damages, or bodily
injuries relating in any respect to the quantity of water or the quality of the irrigation water, or the ingestion
of, or contact with, the irrigation water. Each Owner, Occupant and Association accepts the risk of using
the irrigation water and waives and releases any and all claims relating thereto.
ARTICLE XIII: DAMAGE OR DESTRUCTION
13.1 Association as Attorney -in -Fact Each and every Owner hereby irrevocable constitutes
and appoints the Association as such Owner's true and lawful attorney -in -fact in such Owner's name,
place, and stead for the purpose of dealing with the Improvements on Common Area upon damage or
destruction as provided in this Article. Acceptance by any grantee of a deed or other instrument of
conveyance from Grantor or from any Owner shall constitute appointment of the attorney -in -fact as herein
provided. As attorney -in -fact, the Association shall have full and complete authorization, right, and power
to make, execute, and deliver any contract, assignment, deed, waiver, or other instrument with respect to
the interest of any Owner which may be necessary or appropriate to exercise the powers granted herein to
the Association as attorney -in -fact.
13.2 Estimate of Damages or Destruction As soon as practical after an event causing
damage to or destruction to any part of Common Area, the appropriate Association shall, unless such
damage or destruction shall be minor, obtain an estimate or estimates that such Association deems
reliable and complete of the costs of repair and reconstruction of that part of Common Area so damaged
or destroyed. "Repair and reconstruction" as used in this Article shall mean restoring the damaged or
destroyed Improvements to substantially the same condition in which they existed prior to the damage or
destruction.
13.3 Repair and Reconstruction As soon as practical after obtaining estimates, the
Association shall diligently pursue to completion the repair and reconstruction of the damaged or
destroyed Improvements. As attorney -in -fact for Owners, the Association may take any and all necessary
or appropriate action to effect repair and reconstruction, and no consent or other action by any Owner
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shall be necessary. Assessments of the Association shall not be abated during any period of insurance
adjustments and repair and reconstruction.
13.4 Funds for Repair and Reconstruction The proceeds received by the Association from
any hazard insurance shall be used for the purpose of repair and reconstruction. If the proceeds of the
insurance are insufficient to pay the estimated or actual costs of such repair and reconstruction, the
Association may assess in advance from all Owners a Special Assessment sufficient to provide funds to
pay such estimated or actual costs of repair or reconstruction. Further assessments may be made in like
manner if the amounts collected prove insufficient to complete such repair and reconstruction.
13.5 Disbursement of Funds for Repair and Reconstruction The insurance proceeds held
by the Association and the amounts received from the Special Assessments constitute a fund for the
payment of the costs of repair and reconstruction after casualty. It shall be deemed that the first money
disbursed in payment for the costs repair and reconstruction shall be made from insurance proceeds, and
the balance from the Special Assessments. If there is a balance remaining after payment of all cost of
such repair and reconstruction, such balance shall be distributed to Owners in proportion to the
contributions each Owner made as a Special Assessment to the Association under this Article or, if no
Special Assessments were made, in equal shares per Building Lot, first to the holders of the First
Mortgage and then to Owners, as their interests appear.
13.6 Decision Not to Rebuild If Owners representing at least sixty seven percent (67%) of
the total allocated votes within the jurisdiction of the Association and sixty seven percent (67%) of the
holders of a First Mortgage (based upon one vote for each mortgage owned) of the Building Lots agree in
writing not to repair or reconstruct and no alternative Improvements are authorized, then and in that event
the damaged Common Area shall be restored to its natural state and maintained as an undeveloped
portion of Common Area by the appropriate Association in a neat and attractive condition, and any
remaining insurance proceeds shall be distributed in equal shares per Building Lot, first to the holders of
the First Mortgage and then Owners, as their interests appear.
13.7 Damage or Destruction Affecting Building Lots In the event of damage or destruction
to the Improvements located on any of the Building Lots, the Owner thereof shall promptly repair and
restore the damaged Improvements to their condition prior to such damage or destruction. If such repair
or restoration is not commenced within one hundred eighty (180) days from the date of such damage or
destruction, or if repair or reconstruction is commenced but then abandoned for a period of more than
ninety (90) days, then the Association may impose a fine of not less than fifty dollars ($50) per day on the
Owner of the Building Lot until repair and reconstruction is commenced, unless the Owner can prove to
the reasonable satisfaction of the Association that such failure is due to circumstances beyond the
Owner's control.
ARTICLE XIV: CONDEMNATION
14.1 Rights of Owners Whenever all or any part of Common Area shall be taken or
conveyed in lieu of and under threat of condemnation, the Board acting as attorney -in -fact for all Owners,
shall notify each Owner of the taking, but the Association shall act as attorney -in -fact for all Owners in the
proceedings incident to the condemnation proceeding, unless otherwise prohibited by law.
14.2 Condemnation* Distribution of Award- Reconstruction. The award made for such
partial or complete taking shall be payable to the Association as trustee for all Owners to be disbursed as
follows: If the taking involves a portion of Common Area on which Improvements have been constructed,
then, unless within sixty (60) days after such taking Grantor and Owners representing at least sixty seven
percent (67%) of the Class A and B Members shall otherwise agree, the Association shall restore or
replace such Improvements so taken on the remaining land including in Common Area to the extent lands
are available therefor, in accordance with plans approved by the Board and the Design Committee. If
such Improvements are to be repaired or restored, the provisions in Article XIII regarding the
disbursement of funds in respect to casualty damage or destruction which is to be repaired shall apply. If
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the taking does not involve any Improvements on Common Area, or if there is a decision made not to
repair or restore, or if there are net funds remaining after any such restoration or replacement is
completed, then such award or net funds shall be distributed in equal shares per Building Lot, first to the
holders of any First Mortgage and then to Owners, as their interests appear.
ARTICLE XV: RESOLUTIONS OF DISPUTES
15.1 Avoiding Costs of Litigation and Limiting Right to Litigate Disputes. The
Association, Grantor, all Persons subject to this Declaration, and any Person not otherwise subject to this
Declaration who agrees to submit to this Article (collectively, "Bound Parties") shall encourage the
amicable resolution of disputes involving the Property, and avoid the emotional and financial costs of
litigation if at all possible. Accordingly, all claims, grievances or disputes between such Bound Party and
any other Bound Party involving the Property, including, without limitation, claims, grievances or disputes
arising out of or relating to the interpretation, application or enforcement of this Declaration, the Project
Documents, and/or the Association rules (collectively "Claim,,), shall be subject to the procedures set forth
herein.
15.2 Mandatory Procedures for All Other Claims. Any Bound Party having a Claim
("Claimant") against any other Bound Party ("Respondent") shall not file suit in any court or initiate any
proceeding before any administrative tribunal seeking redress or resolution of such Claim until it has
complied with the following procedures:
15.2.1 Notice. The Claimant shall notify each Respondent in writing (the "Notice"),
stating plainly and concisely:
(a) the nature of the Claim, including date, time, location, persons involved,
Respondent's role in the Claim and the provisions of this Declaration, the Project Documents, the
Association Rules, or other authority out of which the Claim arises;
(b) the basis of the Claim (i.e., the provision of the Declaration, the Project
Documents, Association Rules triggered by the Claim);
and (c) what Claimant wants Respondent to do or not do to resolve the Claim;
(d) that Claimant wishes to resolve the Claim by mutual agreement with
Respondent, and is willing to meet in person with Respondent at a mutually agreeable time and
place to discuss in good faith ways to resolve the Claim.
15.2.2 Neaotiation. Each Claimant and Respondent (the "Parties") shall make every
reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith
negotiation. Upon receipt of a written request from any Party, accompanied by a copy of the Notice, the
Board may appoint a representative to assist the Parties in resolving the dispute by negotiation, if in its
discretion the Association believes the Association's efforts will be beneficial to the Parties and to the
welfare of Leeshire Subdivision.
15.2.3 Mediation. If the Parties do not resolve the Claim through negotiation within
thirty (30) days of the date of the Notice (or within such other period as may be agreed upon by the
Parties) ("Termination of Negotiations"), Claimant shall have thirty (30) additional days within which to
submit the Claim to mediation under the auspices of Idaho law. If Claimant does not submit the Claim to
mediation with thirty (30) days after Termination of Negotiations, Claimant shall be deemed to have
waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant
on account of such Claim; provided, nothing herein shall release or discharge Respondent from any
liability to Persons not a Party to the foregoing proceedings.
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15.3 Allocation of Costs of Resolving Claims. Each Party shall bear all of its own costs
incurred prior to and during the proceedings described herein, including the fees of its attorney or other
representative. Each Party shall share equally all charges rendered by mediator(s).
15.4 Enforcement of Resolution. If the Parties fail to abide by the terms of such mediation
agreement, then any other Party may file suit or initiate administrative proceedings to enforce such
agreement without the need to again comply with the procedures set forth in Section 15.2. In such event,
the Party taking action to enforce the agreement shall be entitled to recover from the non -complying Party
(or if more than one non -complying Party, from all such Parties pro rats) all costs incurred in enforcing
such agreement, including, without limitation, attorney's fees and court costs.
ARTICLE XVI: MISCELLANEOUS
16.1 Term. The Restrictions created hereunder shall be perpetual, subject only to
extinguishment by the holders of such Restrictions as provided by law. The Restrictions of this
Declaration shall run until June 30, 2015, unless amended as herein provided. After June 30, 2015, such
covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10)
years each, unless amended or extinguished by a written instrument executed by Members holding at
least a majority of the voting power of the Association and such written instrument is recorded with the
Ada County Recorder's Office.
16.2 Amendment.
16.2.1 By Grantor. Until the recordation of the first deed to a Building Lot, the
provisions of this Declaration may be amended, modified, clarified, supplemented, added to or terminated
(collectively, "amendment") by Grantor by recordation of a written instrument setting forth such
amendment.
16.2.2 By Owners. Except as provided in Section 16.3, after the recordation of the first
deed to a Building Lot, any amendment to any provision of the Declaration, other than to this Article, shall
be by an instrument in writing signed and acknowledged by the president and secretary of the Association
certifying and attesting that such amendment has been approved by the vote or written consent of
Members representing at least two-thirds (2/3) of the total voting power in the Association, except where a
greater percentage is required by express provision in this Declaration, and such amendment shall be
effective upon its recordation with the Ada County Recorder's Office. Any amendment to this Article shall
require the vote or written consent of Members representing ninety percent (90%) of the voting power of
the Association.
16.2.3 Effect of Amendment. Any amendment of this Declaration approved in the
manner specified above shall be binding on and effective as to all Owners and their respective Building
Lots notwithstanding that such Owners may not have voted for or consented to such amendment. Such
amendments may add to and increase the covenants, conditions, restrictions and easements applicable to
the Property but shall not prohibit or unreasonably interfere with the allowed uses of such Owner's Building
Lot(s) which existed prior to the such amendment.
16.3 Mortaage Protection Notwithstanding any other provision of this Declaration, no
amendment of this Declaration shall operate to defeat or render invalid the rights of the beneficiary under
any First Mortgage upon a Building Lot made in good faith and for value, and recorded prior to the
recordation of such amendment, provided that after foreclosure of any such First Mortgage, such Building
Lot shall remain subject to this Declaration, as amended.
16.4 Notices. Any notices permitted or required to be delivered as provided in this Declaration
shall be in writing and may be delivered either personally, by facsimile or by U.S. mail. If delivery is made
by U.S. mail, delivery shall be deemed to have been delivered seventy-two (72) hours after the same has
been deposited in the United States mail, first class, postage prepaid, addressed to any Person at the
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, or to the
residence of such Person if no address has been given to the Association or to the address of such
address given by such Person to the Association for the purpose of service of such notice
Person as contained in the Ada County tax assessor's rolls. Such address may be changed from time to
time by notice in writing to the Association.
16.5 Enforcement and Non -Waiver.
16.5.1 Right of Enforcement Except as otherwise provided herein, any Owner,
Association or Grantor shall have the right to enforce any or all of the provisions hereof against any portion
of the Property and against Owners thereof.
16.5.2 Violations and Nuisances. The failure of any Owner of a Building Lot to comply
with any provision hereof, or with any provision of the Project Documents, is hereby declared a nuisance
and will give rise to a cause of action in Grantor, the Association or any Owner for recovery of damages or
for negative or affirmative injunctive relief or both.
16.5.3 Violation of Law. Any violation of any State, municipal or local law, ordinance or
regulation pertaining to the ownership, occupation or use of any portion of the Property is hereby declared
to be a violation of this Declaration and subject to any and all of the enforcement procedures set forth in
this Declaration and any and all enforcement procedures in law and equity.
exclusive. 16.5.4 Remedies Cumulative. Each remedy provided herein is cumulative and not
16.5.5 Non -Waiver. The failure to enforce any of the provisions herein at any time shall
not constitute a waiver of the right to enforce any such provision.
16.6 Use of Trade Name. Each Owner by acceptance of a deed for such Owner's Building
Lot shall be deemed to acknowledge that "Leeshire Subdivision" is or may become a servicemark, trade
name and/or trademark of Leeshire Development, LLC, or its licensees, and to covenant that any such
Owner shall not use the term Leeshire Subdivision without the prior written permission of Leeshire
Development, LLC, or its licensees.
16.7 Interpretation The provision of this Declaration shall be liberally construed to effectuate
its purpose of creating a uniform plan for the development and operation of the Property. This Declaration
shall be construed and governed under the laws of the State of Idaho.
16.7.1 Restrictions Construed To ether. All of the provisions hereof shall be liberally
construed together to promote and effectuate the fundamental concepts of the development of the
Property as set forth in the recitals of this Declaration.
16.7.2 Restrictions Severable. Notwithstanding the provision of the foregoing
Subsection 16.7.1, each of the provisions of this Declaration shall be deemed independent and severable,
and the invalidity of partial invalidity of any provision or portion thereof shall not affect the validity or
enforceability of any other provision herein.
16.7.3 Singular Includes Plural 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
each include the masculine, feminine and neuter.
16.7.4 CaaC All captions and titles used in this Declaration are intended solely for
convenience of reference and shall not affect that which is set forth in any of the provisions hereof.
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16.8 Successors and Assigns All references herein to Grantor, Owner, Members, the
Association or Person shall be construed to include all successors, assigns, partners and authorized
agents of such Grantor, Owners, Members, Association or Person.
16.9 Owners' Further Acknowledgments By accepting a deed to any Building Lot(s)
contained within the Property, each Owner acknowledges and agrees to the following:
(a) that Owner has read and understands the Project Documents;
(b) that certain portions of Leeshire Subdivision may be utilized by the general public,
including, without limitation, any paths established along irrigation ditches and specified as part of City of
Meridian and/or Ada County future trail system;
(c) that in order to receive approval to develop Leeshire Subdivision, Grantor was
required to obtain conditional use approval from Ada County and/or the City of Meridian, that through this
process certain conditions of approval attached to the Leeshire Subdivision development, and that Owner
understands and will abide by all such conditions. All Owners acknowledge and agree that such Owners
will contact Ada County and the City of Meridian for particulars;
(d) that Owner understands that the property surrounding Leeshire Subdivision may
be included in future development plans by Grantor or other entities and acknowledges the right of such
property to be developed in compliance with local, county, and State law;
(e) that Owner acknowledges that property in the vicinity of Leeshire Subdivision may
be developed for other than residential uses;
(f) that Owner acknowledges that a pump station for the City of Meridian is located
within an easement on the Property;
(g) that Owner has accepted title to the Building Lot(s) after conducting all necessary
inquiries and due diligence, and that Owner takes such Building Lot(s) "as is," without any express or
implied warranty from Grantor.
IN WITNESS WHEREOF, the undersigned has duly executed this Declaration effective this
day of __, 2004.
GRANTOR:
Leeshire Development, LLC, an Idaho
limited liability company
By:
Barry Teppola, Managing Member
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STATE OF IDAHO )
County of Ada ss.
)
On this day of 2004, before me, the undersigned, a Notary
Public in and for said State, personally appeared BARRY TEPPOLA, known or identified to me to be the
Managing Member of LEESHIRE DEVELOPMENT, LLC, the limited liability company that executed the
instrument or the person who executed the instrument on behalf of said limited liability company, and
acknowledged to me that such company 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
My commission expire:
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EXHIBIT A
Legal Description of Property
LEESHIRE SUBDIVISION
That portion of the South half of the South half of the Northeast quarter of Section 30, Township 4 North,
Range 1 East, of the Boise Meridian, in Ada County, Idaho, described as follows:
Beginning at the Southwest corner of the Southeast quarter of the Southwest quarter of the Northeast
quarter of said Section 30,
Thence East along the South line of said Northeast quarter a distance of 357 feet;
Thence North a distance of 70 feet to The True Point Of Beginning;
Thence continuing North a distance of 300 feet;
Thence East a distance of 300 feet;
Thence South a distance of 300 feet;
Thence West a distance of 300 feet; TO THE POINT OF BEGINNING.
TOGETHER WITH an easement for ingress, egress and utilities over a 30 foot strip in the South half of
the South half of the Northeast quarter of Section 30, Township 4 North, Range 1 East of the Boise
Meridian, in Ada County, Idaho, described as follows:
Beginning at the Southeast corner of the Northeast quarter;
Thence West along the South line of said Northeast quarter to a point which is 627 feet East of the West
line of the Southeast quarter of the Southwest quarter of the Northeast quarter of said Section 30;
Thence North a distance of 70 feet;
Thence East a distance of 30 feet;
Thence South a distance of 40 feet;
Thence East to the East line of said Northeast quarter,
Thence South a distance of 30 feet to The Point Of Beginning.
EXCEPT that portion thereof lying within Locust Grove Road Right of Way
EXHIBIT A - Page 1