HomeMy WebLinkAboutRecorded CC&Rs V1APPROVED
DATE 05/03/22
FILE NUMBER:-D21v 231
return to:
Investments, LLC
Fwmm••wtlt Gasser
74 East 500 South
Bountiful, UT 84010
ADA COUNTY RECORDER Phil McGrane 2022-031429
BOISE IDAHO Pgs=6 DAN RYALLS 03/30/2022 09:43 AM
KM ENGINEERING AMOUNT:$25.00
K HIN1111111IMIH1IIIN111111Will III IIII
01139162202200314290060063
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
Parcel No. R0748300210
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
("Declaration") is made to be effective as of this _ day of March, 2022 by GFI — Meridian
Investments, LLC, a Utah limited liability Company ("Declarant").
WHEREAS, Declarant is the fee owner of that certain real property located at
approximately 2600 N. Eagle Road, Meridian, Idaho as more particularly described on the attached
Exhibit "A" (the "Property"); and
WHEREAS, Declarant intends to develop the Property as shown on the site plan attached
hereto as Exhibit `B" and is incorporated herein by this reference ("Site Plan"), which Site Plan
may be amended by Declarant from time to time; and
WHEREAS, Declarant desires that the Property be subject to certain covenants, conditions
and restrictions as set forth herein.
NOW THEREFORE, in consideration of the following encumbrances which shall be
binding upon the Property and shall attach to and run with the Property, and have limitations upon
all future owners, lessees, and tenants of the Property, and in consideration of the promises,
covenants, restrictions, easements and encumbrances contained herein, Declarant declares as
follows:
1. Maintenance of Drives. Declarant, its successors and assigns, shall repair, reconstruct
and maintain, or cause to be repaired, reconstructed and maintained the Common Drives, as
indicated on the Site Plan from time to time, at all times in good and clean condition and repair;
the maintenance to include, without limitation, the following:
(a) Maintaining, repairing and resurfacing, when necessary, all paved surfaces in a level,
smooth and evenly covered condition with the type of surfacing material originally installed or
such substitute as shall in all respects be equal or superior in quality, use and durability; and
restriping, if and when necessary;
(b) Removing all snow, papers, debris, filth and refuse and thoroughly sweeping the
Common Drives to the extent reasonably necessary to keep the Common Drives in a clean and
orderly condition;
(c) Maintaining, repairing, reconstructing and replacing, when necessary, all lines,
curbing, sidewalks and other improvements located on the Common Drives, as depicted on the
1 E IDIAN -
APPROVED
DATE: 05/03/22
FILE WARER:^- D21231 Icilities
Operating, maintaining, repairing and replacing, when necessary, such artificial
as shall be reasonably determined by Declarant; and
(e) Performing itself or contracting with a third party or parties to perform any of the
services described herein.
2. Maintenance of Common Areas. Declarant shall repair and maintain the paved
surfaces and landscaped areas Declarant has made available for the use of the tenants and residents
of the Property, as such areas are labeled on the Site Plan ("Common Areas"), from time to time
at Declarant's discretion, at all times in good and clean condition and repair; the maintenance to
include, with limitation, the following:
(a) Maintaining, repairing and resurfacing, when necessary, all paved surfaces in a level,
smooth and evenly covered condition with the type of surfacing material originally installed or
such substitute as shall in all respects be equal or superior in quality, use and durability; and
restriping, if and when necessary;
(b) Removing all snow, papers, debris, filth and refuse and thoroughly sweeping the area
to the extent reasonably necessary to keep the area in a clean and orderly condition;
(c) Maintaining, repairing, reconstructing and replacing, when necessary, all traffic
directional signs, markers, lines, curbing, sidewalks and other improvements located on the
Common Areas or which Declarant reasonably determines to locate on the Common Areas
consistent with this Declaration.
(d) Operating, maintaining, repairing and replacing, when necessary, such artificial
lighting facilities as shall be reasonably required by Declarant;
(e) Maintaining all perimeter walls or fences, including but not limited to, retaining walls,
in good condition and state of repair;
(f) Maintaining all landscaped areas; maintaining, repairing and replacing, when
necessary, automatic sprinkler systems and water lines; and replacing shrubs and other landscaping
as necessary;
(g) Performing itself or contracting with a third parry or parties to perfor n any of the
services described herein; and
(h) Maintaining comprehensive general liability insurance, in amounts reasonably
determined by the Declarant, covering the use of the Common Areas.
3. Not a Public Dedication. Nothing contained herein shall be deemed to be a gift or
dedication of any portion of the Property to the general public or for the general public or for any
public purposes whatsoever, it being the intention of Declarant that this Declaration be strictly
limited to and for the purposes herein expressed. The right of the public or any person to make
any use whatsoever of the Property herein affected, or any portion thereof (other than any use
expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission,
and subject to the control of the Declarant. Notwithstanding any other provisions herein to the
contrary, the Declarant may periodically restrict ingress and egress to and from the Property in
order to prevent a prescriptive easement from arising by reason of continued public use. Any
restriction on ingress and egress shall be limited to the minimum period necessary to prevent the
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1 E IDS IAN,4-
APPROVED
DATE: 05/03/22
FILE NUMBEB: ^-2021- 231
a prescriptive easement and shall occur at such at time as to have a minimum effect on
Miscellaneous.
(a) Covenants Running with the Land. This Declaration and all of the terms and
conditions contained herein shall be covenants running with the land.
(b) Duration. The rights, obligations, and privileges created hereby shall continue for
a period of eighty-nine (89) years, except that if any restrictive covenant set forth herein would
expire by operation of law if not renewed, then it shall be automatically renewed for successive
ten (10) year periods unless the Declarant shall execute and record a statement terminating such
restrictive covenant within sixty (60) days of the expiration of such statutory period or any ten (10)
year renewal thereof.
(c) Modification and Cancellation. This Declaration may be modified or cancelled
only by written consent of a majority of all record owners of the Property, which consent shall not
be unreasonably withheld, conditioned or delayed. The majority of all record Property owners
shall be determined based on the square footage of the Property that each owner has title to.
(d) No Waiver. A delay in enforcing or a failure to enforce any breach or violation of
any restriction herein contained shall not be deemed to be a waiver or abandonment of any such
restriction, or a waiver of the right to enforce any subsequent breach or violation of such restriction.
The foregoing shall apply regardless of whether any person affected hereby (or having the right to
enforce these restrictions) had knowledge of the breach or violation.
(e) Severabilily. If any one or more of the provisions of this Declaration or the
applicability of any such provision to a specific situation shall be held invalid or unenforceable by
a court of competent jurisdiction, the validity and enforceability of all the provisions of this
Declaration and all other applications of such provisions shall not be affected thereby.
(f) Governing Law. This Declaration shall be construed and enforced in accordance
with the laws of the State of Idaho.
(g) Successors. This Declaration shall be binding upon the heirs, successors and
assigns of Declarant.
(h) Attorneys' Fees. If any legal action or other proceeding is brought for the
enforcement of this Declaration, or because of an alleged dispute, breach, default, or
misrepresentation in connection with any of the provisions of this Declaration, the successful or
prevailing parry or parties shall be entitled to recover reasonable attorneys' fees and other costs
incurred in that action or proceeding, in addition to any other relief to which it or they may be
entitled. Such fees and costs shall include those fees and costs incurred in any bankruptcy
proceeding.
[Signature on following page]
Nl IDIAN
APPROVED
DATE: 05/03/22
FILE NUMBER:^-2021-02ai
STATE O�
COUNTY OFF Do-r1 �S
GFI - MERIDIAN INVESTMENTS, LLC,
a Utah limited liability company
By. C C.2
Its: Evl14Jlkl.1 ii2
On the 2.(—day of 2022, personally appeared before me V ,\j t91' C-�SSqX-
who duly acknowledged to me that he executed the foregoing document as Manager of GFI - Meridian
Investments, LLC.
Public
,�°"''•� TENNYSON JANE FAUVER
y
NOTARY PUBLIC • STATE OF UTAH
,... '
COMMISSION NO. 717886
COMM. EXP. 4-23-2025
IDpIAN
AHO
APPROVED
DATE 05/03/22
FURIMIER:^- 021-0231
EXHIBIT "A"
Legal Description of Property
A parcel of land situated in the Southwest 1/4 of the Northwest 1/4 of Section 4, Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly
described as follows:
Commencing at a found brass cap marking the Northwest corner of said Section 4, which bears
N0003610011E a distance of 2,611.39 feet from a found brass cap marking the West 1/4 corner of said
Section 4;
Thence following the westerly line of said Northwest 1/4, S00°36'00"W a distance of 1,385.13 feet;
Thence leaving said westerly line, S89051'36"E a distance of 70.01 feet to a found 5/8-inch rebar
marking the southwest corner of Southeast Corner Marketplace Subdivision No. 1;
Thence following the southerly boundary line of said Southeast Corner Marketplace Subdivision No. 1,
S89°51'36"E a distance of 479.48 feet to a set 5/8-inch rebar and being the POINT OF BEGINNING.
Thence following said southerly subdivision boundary line the following three (3) courses:
1. S89°51'36"E a distance of 220.67 feet to a found 5/8-inch rebar;
2. N00°36'00"E a distance of 93.77 feet to a found 5/8-inch rebar;
3. S89°52'58"E a distance of 61.35 feet to a found 5/8-inch rebar being the southwest corner of
Una Mas Subdivision;
Thence leaving the southerly boundary line of Southeast Corner Marketplace Subdivision No. 1 and
following the southerly boundary line of Una Mas Subdivision, S89152'58"E a distance of 443.56 feet to
a set 5/8-inch rebar on the westerly right-of-way line of N. Records Avenue;
Thence leaving said southerly boundary line and following said westerly right-of-way line, S00°40'39"W
a distance of 717.01 feet to a found 5/8-inch rebar on the northerly boundary line of Bach Subdivision;
Thence leaving said westerly right-of-way line and following said northerly subdivision boundary line the
following three (3) courses:
1. N89°22'08"W a distance of 680.75 feet to a found 5/8-inch rebar;
2. N34°48'52"W a distance of 57.10 feet to a found aluminum cap;
3. N66°18'52"W a distance of 12.03 feet to a set 5/8-inch rebar;
Thence leaving said northerly subdivision boundary line, N0003715711E a distance of 565.59 feet to the
POINT OF BEGINNING PARCEL A;
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1 E IDIAN -
APPROVED
DATE: 05/03/22
FILE NUMBER: A-202-231
EXHIBIT "B"
Site Plan