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Home My WebLink AboutSigned-Declaration of Ownership and Maintenance Responsibilities V1� ( El IDIA\ APPROVED DATE: 04/07/22 FILE NUMBER: ^-2ozz-0oe1 g Requested by, and cording, Return to: hua J. Leonard Clark Wardle LLP P.O. Box 639 Boise, ID 83701 FOR RECORDING INFORMATION DECLARATION OF OWNERSHIP AND MAINTENANCE RESPONSIBILITIES THIS DECLARATION OF OWNERSHIP AND MAINTENANCE RESPONSIBILITIES (this "Declaration") is made this �" 11 day of Q Y(' A , 202t by AKR Enterprises, LLC, an Idaho limited liability company ("Declarant" and/or "Owner"), which has a current mailing address of: 3350 S. Selatir Place, Meridian, Idaho 83642. RECITALS A. Declarant is the owner of that certain real property located in Meridian, Ada County, Idaho, more particularly described on Exhibit A, attached hereto and made a part hereof (the "Property"). B. Declarant intends to develop the Property into a residential development containing three "Buildings," each containing four (4) dwelling "Units," together with landscaping and a parking area, as depicted on Exhibit B, attached hereto and made a part hereof (collectively, the "Improvements"). C. Declarant desires to memorialize the maintenance obligations of the Owner (and/or such Owner's successors, heirs, and assigns) of the Property, as required by the City of Meridian as a condition of approving a conditional use permit for the Property. AGREEMENT NOW, THEREFORE, in consideration of the terms contained hereinafter, and in consideration of the recitals, above, which are incorporated below as if set forth in full herein, and in consideration of the premises, Declarant now declares as follows: 1. Management and Maintenance. The Owner of the Property, or (as applicable) each of the Owner's successors, heirs, and assigns then in ownership of the Property, or any portion thereof, shall be responsible for the management and maintenance of the Improvements, including (without limitation) the parking area, landscaping, and the outside of each of the Buildings. As used herein, the term "management and maintenance" shall include, without limitation: to order or cause to be made all repairs, alterations, and maintenance of the Improvements, and pay the costs and expenses of all labor and materials required therefor. The Owner, or (as applicable) the Owner's successors, heirs, and assigns then in ownership of the Property, shall ensure that such management and maintenance comply with applicable city codes. DECLARATION OF OWNERSHIP AND MAINTENANCE RESPONSIBILITIES — 1 4831-4591-6133. v. 1 � ( El IDIA\ APPROVED DATE: 04/07/22 FILE NUMBER: A-2022 ,1 Term. This Declaration shall take effect immediately upon it being recorded in the ecords of Ada County, Idaho, and shall continue in full force and effect until the first to (a) destruction of substantially all the Improvements; (b) the recording, in the official :)f Ada County, Idaho, of a condominium declaration that supersedes this Declaration and establishes (or recognizes the establishment of) a condominium association; (c) the recording, in the official records of Ada County, Idaho, of covenants, conditions, and restrictions that supersede this Declaration and establish (or recognize the establishment) an owners' association; or (d) the recording, in the official records of Ada County, Idaho, of a termination document that is signed by the then -owner of the Property and an authorized representative or agent of the City of Meridian, Idaho. 3. Runs with the Land; Binding on Successors. All provisions of this Declaration, including both the benefits and the burdens hereof, run with the land and shall be binding upon and shall inure to the benefit of the Owner, and the Owner's heirs, legal representatives, administrators, executors, successors, and assigns. 4. Defaults; Remedies. No breach of any provision herein contained shall result in the cancellation, rescission, or termination of this Declaration. 5. Amendment. No amendment shall be made to this Declaration unless: (a) in writing; (b) signed by all then-owner(s) of the Property; (c) approved by the City of Meridian, and (d) recorded in the official records of Ada County, Idaho. 6. Governing Law. This Declaration shall be governed by, construed, and enforced in accordance with the laws of the State of Idaho. 7. Severability. If any provision of this Declaration shall be judicially deemed to be invalid, illegal, or unenforceable in any respect; the remaining provisions hereof shall not be affected thereby and shall continue in full force and effect. [END OF TEXT - SIGNATURE(S) FOLLOW ON SUBSEQUENT PAGE(S)] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] DECLARATION OF OWNERSHIP AND MAINTENANCE RESPONSIBILITIES - 2 4831-4591-6133, v. 1 C��E IDIAN> APPROVED DATE: 04/07/22 FILE NUMBER: A-2022-0061 IN WITNESS WHEREOF, Declarant has executed this Declaration as of the year and date einabove written. STATE OF ) ss. County of DECLARANT: AKR ENTERPRISES, LLC, an Idaho limited liability company, By - Printed Name: Its [title]: jpe This record was acknowledged before me on [name], as Enterprises, LLC. VIRGINIA L.IOHNSON NOTARY PUBLIC . STATE OF 10 fq COMMISSION NUMBER 3731 MY COMMISSION EXPIRES 9,24.�g [NOTARY PUBLIC SEAL/STAMP] Schedule of Exhibits: Exhibit A — Legal Description of the Property Exhibit B — Depiction of the Improvements _ [date], by [title] of AKR Signat re1�fNota�ryPiIic�o�� My Commission expires: 3 DECLARATION OF OWNERSHIP AND MAINTENANCE RESPONSIBILITIES - 3 4831-4591-6133, v. 1 (E IDi� IA\,— APPROVED DATE: 04/07/22 FIIF NIIMBFA A-2022-0061 EXHIBIT A Legal Description of the Property A ;gc,rtian of the N011kast quarter of thg .Soulht4ts( gttnr[er. Scaion 12, l ciwtuhip 3 Ndrllr. ltange : '44'c-sl, 1141r5e Meridixi, Adn Count)', ldaho described ar I'txlows 11e rnninR nt 8 point ,cl r,►ttt Komi brie Of tiid Nuritiwe,t quarter of the Soulheast gaary r, istit+ fcc[ lake qil iod; I:tlh1 CSC tht li❑rthurct cnrnCT s1' lie Si,utlrcast �lunritr 4 f 4rctrcrn 1, ownsitip 3 N lr[h, R&Vc I WL5,1 of the Iltrrte blendian, rn Adn County'. Idaho, thence Rlttntng South 330 fCCE (aka 20 tuts) parallel vlith the Meridian i.te Eo a point. being the kcal !'I kt ,�I 16egcnni rg, lliencg South 330 feet Erika 20 rods) parallel with the Meridian line; thence East tit: fact ;aka 4 znrls:l band lel ' With the a[larter sector: line, tltenct North 330 feet'.' ka20 rods) raralkl with Lrc Mt!Tidinn lire; the: cu WC9 66 leer ;adc:t 4 ,crd;; [ Ih4 :Rea: Point of BrBt:tnirr;. and mupi A wool of land being ii pttfGu: trf that QUIL tarn [3egd, :i icd .-is I nslaumerl Na tt774;1318,10WI'M of ALh ('Slur + unit hgrng kJCvACd in the `+orthaes' gUATtgr t7t tht SZIIthCa5t il=cr Uf Seetttnl 12, rrxwrship I North, R-Inff I %k""t, A41S. IVICI )halt, Ada L'4nl dy, ldaltu, n]oc[ particu:arlu ti,:�nl>~xl ;ss It,llr�wy; CamrttenC-Mg X dre 11rmN cV 3rtrnurnenI Trxh-in@ the ocnivr rtdaatr corner ill said Ncctlan 12•, thpncr North W 4-6'23" East, 650.23 feet (shuutl ;t.% it+nth y4° d(+'23" `es[. �,{;q (}rj fete an ilte k'lld ttI tit15ury 4uh;liwrsnm, litcrl in tan p'[ $b of Pla[5 at Pagta(tj Ss87j (Formerly Esal f;03 feel per Quit�taun [kcJ ha► ltl?{y.51 sl8j a xip. the aurrh bound&'y of said NfrrtlturMgLarlei grl'lFx; wtarrthg�st quarter to apoitrl, Lhcnne having soid',orth boundary 5aath W° 0312"'J.'cst 324 I "s fteT tShu'an ;Is South C° ftl'f{1" E--as. 324. Is tet -v the Place o: Sea4ur3 L�uhlhv mnn; Ann8 the Fast boundary of said ScOury.SvMN ision to a t-'8 inttl rcbar and =tp nrarkrnyr the cente-flinc of Wes; ldnlw :1.4ef w, dwnu ihlrtLinui l � alum sur;l fast hn� ofScaFury Suhtlivisinn 6 ur.+1K v -South CIO' 0019" East, 5_1'ih fort ttr the Nnrth%=t w mgrofsaid Quildnim lked, said pfnr. "Iting the heal. Point ;;l'13eginrung- ihmt rulh flit° Ctl'29" Fgs1 lrr:11�7 fee' (f411rkrly' Suutl: j i luu_ the Emi'luunAM Of 54;IbUt3' SWiviiior. and .ate 1k'cit boundary of B;ud Quit"Imm Ueed Gt a lcturrcl s,,nch nhnr ind up natrkina the Nor ices: ccnuc. trf Lu12 ,n 1111I:k ? r,`s;rid SranuTv Subdivisi-a t and tbv wvsl IdSouh right uf,va} cTf tdo Street; ihettcc hlrxrth 941 dCL 23" i ust, 66.16 feet [o a sound t. inch Behar n sn',rg lilt! *,rlhwgsl grfrrr 41' 1:.o► I ir. Block and the St> b Sigh[ (If -SlY of lh't:st lriftful Mrtxi its slxrwnorr the Plat of &t i 5015A4t3nxr, Fined lit Book 110 nfPlxs;it Pam(s) 3571: tier-av 'Forth Ce' 19101, ttlw^iL 19 ttv Sea (flrmr. ly NQrthl alcing t?ic W cst beuuttdan -Of iatd:Soe's Nutdivisior to the Northensl;rarrtcr of said QuLiclain: Iced, said pout[ lying Saudi ou I'9'vv WvNl. 5 98 fuut f—r-,Tr a 4i8 inch rebar and cap marking lh. ctnleritne ❑f W-C-1 Iclnl[ar sirrgt; the nce. wurrh HS" 4�'' +"' '-5t, l " fee[ (farnrrly Vr'cs1. Erb suet i along the Norlh t>ltmdnry of said Q4italaim Tkcd to dic .kcal 1�ft:rtt of Ileoirnnng Said desaritred pme-1 coinwts 12h2 square ICI or 0.0 3 acres. Basis of BrarinC is `north 69' 46'23" Fmt ;dar v :he North boundar3� o the Kcirrhwei cluver of the Southeast gL=ler of Sec+.car. 12. Tt+wnship 3 North. Range i W'cj[, BoisC :blcYierarr, ALL 7 i'; trr:ty, Iduhcr as shnuw on be PI at 4Sea�rury Suhdpvasim, tiled io Book 80 4f !' BU at Pave -fl 9587, records N',14In C'oeartc, Idaho Parcel II: The South 140 feet of the following tract Part of the Northwest Quarter of the Southeast Quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian. Ada County, Idaho, more particularly described as follows: Beginning at a point 44 rods East of the Northwest corner of the Southeast Quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho; thence South parallel to the Meridian line 40 rods; thence Fast parallel to the one quarter section line 6 rods; thence North parallel to the Meridian line 40 rods to the one quarter section line; thence West along the one quarter section tin 6 rods to a POINT OF BEGINNING EXCEPT right of way for West Broadway Street, Meridian, Idaho. EXHIBIT A 4831-4591-6133, v. 1 (E IDi� IA\,— APPROVED _E,, 04/07/22 I.E `I UM BERA-2022 0— EXHIBIT B Depiction of the Improvements _k•%TRl1T OMCRQT vwrccra w�q� . S Lfc ww sw 1 1 1 I i i r I lid � y '.• I I I I h e I i I — --1 i eul_owlc a I II I I I j 13 PARPUNC Ia24CE9 I Frn•. I MGS 1 3 1 I 2 LN:.O'•:E�EC: I I I I __ —_- -� cr:r: rrr C4:r v, r to .i�ry MIIY.)I+tlNi'Ct).11NiYM'1 • k"t9lu M'11M'1 • 3 '+rti7unutrcmnunv: Y ;92- �F W 1 1 EXHIBIT B 4831-4591-6133, v. 1